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1971-1974I Minutes continued - June 29, 1971 WHEREAS, the above named Counties, as well as incorporated munici- palities and special - purpose districts located in the above named Counties, comprise the South East Texas Regional Planning Commission with the partici- pating membership of the Commission composed of elective public officials from the participating local governmental units, according to the Bylaws and said organization has been authorized by the original agreement between the respective governmental units for its creation; and, WHEREAS, it is the opinion of the governing body of City of Nederland that it will be to its benefit and to the benefit of its citizens as a whole to become a participating member of said organization; NOW THEREFORE BE IT RESOLVED BY THE City Council of the City of Nederland. SECTION 1. That the aforementioned local government may become a participating member of the South East Texas Regional Planning Commission created for the purpose set out above, and the Mayor be, and is hereby authorized to apply for membership in the South East Texas Regional Planning Commission by submission of this Resolution and the payment of the annual dues established in accordance with the Bylaws of said organization. SECTION Z. That this Resolution shall take effect from and after its passage. PASSED ON THIS THE 29th day of June, 1971, at a meeting of the City Council of the City of Nederland, Texas. H. E. Nagel, NNyor City of Nederland, Texas ATTEST: a . \' 26 =d 1 Alta Fletcher, City Secretary City of Nederland, Texas The meeting was adjourned at 10:00 P.M. H. E. Nagel, Mvyor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND it July 13, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the minutes of the previous meeting as written. All Voted Aye. Presentation of the 1971 -1972 Budget was made by the City Manager in accordance with Section 7.02 of the City Charter. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the following Resolution and authorize a Public Hearing to be held at 6:30 P.M. , August 10, 1971, for action on this budget. All Voted Aye. A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 1971, AND ENDING SEPTEMBER 30, 1972. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City Department activities, and offices for the Fiscal Year beginning October 1, 1971, and ending September 30, 1972, and; WHEREAS, such proposed and estimated budget, after due hearing and consider- ation, should be approved in its proposed, or amended, form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS; That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland for the Fiscal Year beginning October 1, 1971, and ending September 30, 1972, is hereby accepted, and a Public Hearing is hereby set for 6:30 P.M. , August 10, 1971, to approve this budget in the proposed, or amended, form in accordance with Article VII of the City Charter. PASSED AND APPROVED BY THE City Council at its Regular Meeting this the 13th day of July, A. D. , 1971. SJ H. E. NAGEL H. E. Nagel, Mayor ATTEST: City of Nederland, Texas S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas 15 Minutes continued - July 13, 1971 Presentation was made by Mr. Larry Copeland, Local Manager, of a rate increase request by Soutnwestern Bell Telephone Company. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on the request by Southwestern Bell Telephone Company for a rate increase until such time as we hear from Mr. Copeland concerning our request that an audit be made by an outside auditing firm with Southwestern Bell Telephone Company paying the auditing fee. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payment of Estimate No. 1 to the Contractor for installation of water lines to Mobile Home Park from Developer's Escrow account in the amount of $17, 622. 99, and to approve Change Order No. 1 adding $210.00 to the contract for an additional bored entrance to Memory Gardens Cemetery. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the recom- mendation of the Planning Commission concerning an extension of the Mobile Home Park permit to Luke Guidry at 2803 Avenue "H. " All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize attendance and expenses to the Annual Fire School at Texas A & M, July 18 -23 as follows: Chief Cormier, Instructor; Mike Preddy, One Regular Fireman; O. C. Goats, One Volunteer Fireman; and Frank Meyers, One -Half Volunteer Fireman. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to advertise for bids to be received at 6:30 P.M. , July 27, 1971, for the clearing of several vacant lots in accordance with Ordinance No. 78 as recommended by Chief Cormier. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to reject authorization of a 3300 Lumen Mercury Vapor street light on the corner of Avenue "G" and Hardy Avenue as requested by Mr. Thomas Wright of 716 Hardy Avenue and to inform the party of the decision. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept the resignation of Mr. R. J. Fletcher for the Planning and Zoning Commission as he is moving out of the city, and to table action on a replacement to fill the unexpired term. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Gillespie to authorize release of bond in the amount of $500. 00 to Mr. Donny Broussard as the conditions stipulated have been met. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the following statements for "Public Hearing" presentation to the Texas Water Quality Board concerning a Regional Sewage Treatment Plan. All Voted Aye. July 26, 1971 Texas Water Quality Board 1108 Lavaca Street Austin, Texas78701 4 Minutes continued - July 13, 1971 Re: July 26th Hearing, Beaumont, Texas Gentlemen: This statement is in answer to your solicitation by "Public Hearing Notice" for comments and /or proposals regarding a "Regional Sewage Disposal Plan. " 112. The purpose of the Public Hearing is to determine if the plan is ts��e responsive to the desires and needs of the affected and interested parties. " As an interested party, the Mid - County Municipal League and cities of Nederland, Port Neches and Groves have engaged our engineers, Charles R. Haile Associates, Inc. , to prepare a study as is being submitted herewith, Exhibit I, which reveals that a Mid - County Treatment Facility serving these three entities and environs would be the most feasible and economical solution as well as provide as good, or better, effluent than the Central Plant Proposal. In fact, this report recommends a solution very similar to the preliminary report submitted by Freese, Nichols and Endress, a copy of which is also attached, Exhibit II. Possibly of considerable consequence in judging the merits of the two alternative solutions is that the Haile Report utilizes the existing facilities for most of their useful life - until the latter part of this century. The use of these facilities as primary treatment units with future more refined clarifiers could also be anticipated as a I reasonable possibility. It is, therefore, recommended that this supplemental report, Exhibit 1, be included as a satisfactory solution to meet the objectives of the Texas Water Quality Board for these communities. The implementation of this plan will meet the desires and needs of the interested parties. Sincerely, S/ H. E. NAGEL H. E. Nagel Mayor HEN /dh CC: Members of the City Council Mr. D. B. Henson, City Manager Mr. W. E. Sanderson, City Attorney Mr. D. C. Perrell, Engineer July 26, 1971 Texas Water Quality Board 1108 Lavaca Street Austin, Texas 78701 J Minutes continued - July 13, 1971 Re: Regional Sewage Disposal Plan for Lower Neches Valley Area Gentlemen: The City of Nederland has caused the attached report of Freese, Nichols, and Endress to be studied and reviewed by our Engineers, Charles R. Haile Associates, Inc. , and we do not find a recommendation therein for the payment to the cities of Nederland, Port Neches and Groves for their existing sewage treatment facilities by the entity assuming title to same under this proposal. In addition, your engineer verified this position to Mr. D. B. Henson during a hearing on this subject heretofore held in Beaumont, We feel that this overt act would be unfair and in violation of our constitutional rights unless we are compensated at an amount of the appraised and mutually agreed to value by State of Texas Legal procedures. We, therefore, request that this study be rejected or that this amendment to added to the report by the Texas Water Quality Board prior to its adoption for implementation. Sincerely, S/ H. E. NAGEL H. E. Nagel Mayor HEN /dh CC: Members of the City Council Mr. D. B. Henson, City Manager Mr. W. E. Sanderson, City Attorney Mr. D. C. Perrell, Engineer A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action until the next regular Council meeting pertaining to purchase of 2. 1 acre tract of land. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to table action on request by Jefferson County Water Control District No. 10 for permission of the dis- trict to extend its boundaries to the South and to the North into Nederland's Extrater- ritorial Jurisdictional Area until the legal aspects have been verified. All Voted Aye. A motion was made by Mr. of Mr. English to extend a estimated cost of $531.50 t o A motion was made by Mr. bills for the month of June, Nagel and seconded by Mr. Gillespie to approve the request water line to his residence at 1804 30th Street with be paid by him. All Voted Aye. Nugent and seconded by Mr. Nagel to approve payment of 1971, in the amount of $20, 995. 93, $8, 333. 18 by General b Minutes continued - July 13, 1971 Fund Checks No. 1060 -1109 and $12, 662.75 by Water Fund Checks No. 10162- 10185. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to adjourn. All Voted Aye. The meeting was adjourned at 9:30 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas ,/-r 7152�1 H. E. Nagel, Mayor-- City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 27, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting of July 13, 1971, as written. All Voted Aye. Mr. J. D. Delahoussaye was present to request that the City Council initiate means whereby owners of English racer bicycles be compelled to provide safer lighting equipment for use after dark. The Mayor assured Mr. Delahoussaye that a study would be made by the Police Department and the City Attorney. Sealed bids were opened and read for cleaning of several lots in accordance with Ordinance No. 78. Bids received were from Cure ton and Son, $207. 00; and Riley C. Mitchell, $256.00. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award bid to Cureton and Son on the basis of low bid of $207. 00 for cutting of specified parcels of land in accordance with Ordinance No. 78. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on an appointment to the Planning Commission until the next regular meeting. All Voted Aye. Mayor Nagel commended Mr. George Hallmark and Mr. John Bamber for their recent presentation of applications to the Highway Department requesting participation in traffic signal installation and maintenance and widening of Nederland Avenue at Highway 347. The meeting was adjourned at 7:05 P.M. ��w ne4� Homer E. Nagel, May City of Nederland, Texas ATTEST: ' Alta Fletcher, City Secretary City of Nederland, Texas I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 10, 1971 The meeting was called to order at 6:30 P.M. , by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of July 27, 1971, as written. All Voted Aye. A Public Hearing was conducted for the purpose of adoption of the 1971 -72 Budget in accordance with Section 7.06 of the City Charter. No protest was declared. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the City of Nederland Annual Budget for 1971 -1972 Fiscal Year and to approve the following Ordinance No. 266 levying 1971 tax to sustain the budget. All Voted Aye. ORDINANCE NO. 266 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF NEDERLAND, TEXAS, AND ' PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1971, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DELINQUENT TAXES; AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. SECTION I That there is hereby levied and there shall be collected for the use and support of the Municipal Government of the City of Nederland, Texas, and to provide interest and sinking funds for the year Nineteen - Hundred and Seventy -One (1971) upon all property, real, personal and mixed within the corporate limits of the said City, subject to taxation. A tax of One Dollar and Sixty Two Cents ($1. 62) on each One - Hundred ($100.00) Dollars valuation of property said tax being levied and apportioned to specific purposes herein set forth. (a) For the purpose of paying interest and principal on the One Hundred Seventy Thousand ($170, 000.00) Dollar Street Improvement Bond, Series 1948, 1. 86% of each One ($1.00) Dollar levied on the 1971 Tax Roll. (b) For the purpose of paying interest and principal on the Sixty Thousand , ($60, 000. 00) Dollar Sewer Tax Bonds, Series 1943, .37% of each One ($1.00) Dollar levied on the 1971 Tax Roll. Minutes continued - August 10, 1971 (c) For the maintenance and support of General Government (General Fund) 53. 83% of each One ($1.00) Dollar levied on the 1971 Tax Roll. (d) For the purpose of paying interest and principal on Seventy Thousand ($70, 000. 00) Dollar Water Works Tax Bonds, Series 1956, 1. 0676 of each One ($1.00) Dollar levied on the 1971 Tax Roll. (e) For the purpose of paying interest and principal on Sixty -Five Thousand Five Hundred ($65, 500.00) Dollar Fire Station Bonds, Series 1957, .831/0 of each One ($1. 00) Dollar levied on the 1971 Tax Roll. (f) For the purpose of paying interest and principal on the Seven - Hundred Seventy -Five Thousand ($775, 000. 00) Dollar Water & Sewer Improvement Bonds, Series 1959, 6. 89% of each One ($1.00) Dollar levied on the 1971 Tax Roll. (g) For the purpose of paying interest and principal on Three - Hundred Twenty - Five Thousand ($325, 000.00) Dollar Water & Sewer Improvement Bonds, Series 1960, 3. 25110 of each One ($1. 00) Dollar levied on the 1971 Tax Roll. (h) For the purpose of paying interest and principal on Two- Hundred Twenty - Five Thousand ($225, 000. 00) Dollar Water & Sewer Improvement Bonds, Series 1961, 2. 2310 of each One ($1. 00) Dollar levied on the 1971 Tax Roll. (i) For the purpose of paying interest and principal on the Twenty Thousand ($20, 000. 00) Dollar Fire Station Bonds, Series 1962, .39% of each One ($1.00) Dollar levied on the 1971 Tax Roll. (j) For the purpose of paying interest and principal on the Five - Hundred Thousand ($500, 000. 00) Dollar Street Improvement Bonds, Series 1962, 4. 57% of each One ($1. 00) Dollar levied on the 1971 Tax Roll. (k) For the purpose of paying interest and principal on the Three - Hundred Thousand ($300, 000.00) Dollar Street Improvement Bonds, Series 1963, 2. 8810 of each One ($1. 00) Dollar levied on the 1971 Tax Roll. (1) For the purpose of paying interest and principal on the One Million Eighty Thousand ($1, 080, 000. 00) Dollar Street Improvement Bonds, Series 1967, 9. 06% of each One ($1.00) Dollar levied on the 1971 Tax Roll. (m) For the purpose of paying interest and principal on the Four- Hundred Fifty Thousand ($450, 000.00) Dollar Street Improvement Bonds, Series 1969, 7. 01110 of each one ($1. 00) Dollar levied on the 1971 Tax Roll. (n) For the purpose of paying interest and principal on the Three - Hundred Fifty Thousand ($350, 000. 00) Dollar Sewer Improvement Bonds, Series 1970, 5. 77% of each One ($1.00) Dollar levied on the 1971 Tax Roll. SECTION 11 All Taxpayers shall be allowed no discounts for the advance payment of their ad 10 Minutes continued - August 10, 1971 valorem taxes due the City of Nederland for the assessment year 1971. SECTION III That the ad valorem taxes herein levied for the year 1971 shall become due January 1, 1972, though payable on the first day of October, 1971, and may be paid up to and including the following January 31, 1972, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1972, and the following penalties shall be payable thereon to -wit: If paid during the month of February, one (1%) percent; if paid during the month of March, two (2%) percent; if paid during the month of April, three (3%) percent; if paid during the month of May, four (4%) percent; it paid during the month of June, five (5%) percent; and if paid on or after the 1st day of July, 1972, eight (8%) percent penalty. Such unpaid taxes shall bear interest rate of 6% per annum from February 1, 1972, the same being the next year succeeding the year 1971; and if paid on or after the 1st day of July, 1972, 65o percent interest; for which such taxes are hereby levied or assessed. Tax cost shall be One ($1.00) Dollar. SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1972, and shall be paid and collected as provided in Section 2 and 3 hereof. PASSED AND APPROVED by a unanimous vote of the City Council of the City of ' Nederland at its regular meeting of the said Council this 10th day of August, 1971. S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas Mr. Raymond A. Bennett, District Manager, Southern Union Gas presented a rate increase request. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the rate increase request as presented and to accept Southern Union Gas Company's offer to pay for an Auditor as selected by all cities in area served by this company and to appoint City Manager Bob Henson to represent the city in selection of this Auditor.' All Voted Aye. Mr. Gene Hebert was present to report on the City - School Summer Recreation Program which was coordinated by Mr. L. J. Broussard and Mr. James Byers. A good attendance and a successful program was reported. 11 Minutes continued - August 10, 1971 Mr. Paul Darby, 911 S 14th Street, was present to present a proposal for an amendment to Ordinance No. 259 which will permit individual mobile homes on commercial property. The City Council expressed the desire to leave Ordinance No. 259 as it now is. A petition was presented to the City Council by Mr. Donald Castille with eleven (I1) signatures requesting a proposal to extend sewer services to properties more than 50 feet away from the city sewer line and outside the city. The Council expressed the desire to leave the Policy as it is now to extend sewer service to properties not more than 50 feet away from the city sewer line. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payment of Estimate No. 2to J. Garth, Inc. , from the Escrow Account for $7, 801. 30, for progress on water line to Mobile Home Park. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the final plat of Songwood Unit I Subdivision as a Class I Addition as recommended by the Planning Committee and authorized reimbursement of Developer for expenditures made in laying water and sewer lines in accordance with conditions of Ordinance No. 121 - Amended with the exception of the use of 100' expansion joints in the pavement instead of 80' expansion joints as Ordinance No. 121 - Amended, Section C -6, now required. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize the employment of a Vocational Office Education student in cooperation with the program of Nederland Independent School District for the next school year. All Voted Aye. , A motion was made by Mr. Clotiaux and seconded by Mr. Lee to appoint Mr. Carl B. Morris, 714 Atlanta to the Planning Committee to fill the unexpired term of Mr. R. J. Fletcher until June 1, 1972. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on an Amendment to the agreement with the Texas Water Quality Board and Environmental Protection Agency changing the amount of Nederland's grant for Sewerage Treatment Plant improvement from $182, 010.00 to $303, 350.00 until the next meeting. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint Mr. D. C. Perrell as City Planner- Engineer for a one (1) year term from July 1, 1971, to June 30, 1972, at an annual salary of $1. 00 per year, plus per diem fees, and authorize necessary work to designate Nederland and other Mid - County cities as an Area Planning Jurisdiction, Nederland's participation not to exceed $1, 000.00. ' All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize advertisement and receipt of proposals for providing "Employee Hospitalization 12 Minutes continued - August 10, 1971 and Life - Accidental Death and Dismemberment Insurance's until 6:30 P.M. , September 14, 1971. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve the new Dog Pound. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve acceptance and payment in the amount of $199. 50 for cleaning lot work performed under Ordinance No. 78 by Joe Cureton, and authorized filing of liens for unit price payments made. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt the following amendment to Ordinance No. 107 regulating bicycles and other devices used on public streets and this amendment is to become effective August 31, 1971, to coincide with the State Law. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200. 00) AND REPEALING ALL SECTIONS OF THIS,ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, The City Council of the City of Nederland is of the opinion that , a definite policy should be established pertaining to traffic regulation in- cluding required lighting on bicycles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE X Section 91. EQUIPMENT (a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the Department which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the reflector. Section 2. PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1. 00 or more than $200. 00 and the violation of each separate provision thereof shall be considered a separate offense. 1:i Minutes continued - August 10, 1971 _ Section 3. REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 10th day of August, A. D. , 1971. Effective same day as the State Law. S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederlands Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Nagel to adopt the following Ordinance No. 267 prohibiting the use of mobile gasoline service stations. All Voted Aye. ORDINANCE NO. 267 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, PROHIBITING THE OPERATION OF MOBILE SERVICE UNITS WITHIN THE CITY OF NEDERLAND PROVIDING FOR PENALTY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: Section 1. Prohibition of Mobile Service Units. "It shall be unlawful for any person, firm, partnership, corporation, or ' other association to operate a mobile service unit within the City of Nederland. As used in this Section, the term 'mobile service unit' means any vehicle, tank, truck, or other mobile device from which flammable liquids used as motor fuels may, as an act of retail sale, be dispensed into the fuel tank of a motor vehicle parked on an off - street parking facility." 1 4 Minutes continued - August 10, 1971 Section 2. Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than One Dollar ($1. 00) nor more than One Hundred Dollars ($100.00) Section 3. That all Ordinances, or parts of Ordinances, in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If a portion or porvision of this Ordinance be held invalid or unconstitutional, the validity of the remaining provisions shall not be affected hereby and for this purpose, the City Council of the City of Nederland declares this Ordinance to be severable. PASSED by the City Council this 10th day of August, 1971. S/ H. E. NAGEL H. E. Nagel, Mayor , City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary S/ W. E. SANDERSON W. E. Sanderson, City Attorney A motion was made by Mr. Clotiaux and seconded by Mr. Gillespie to table action on a proposal to participate in a private hurricane advisory service with other entities for further study. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize the attendance and expenses of two Water Plant operators, W. D. Winfrey and Kenneth Spell, to Lamar School, August 18 -20, $40.00 expense. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve I the following amended By -Laws of the South East Texas Regional Planning Commission. All Voted Aye. 1.5 Minutes continued - August 10, 1971 Review Draft Adopted June 22, 1970 BYLAWS OF THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ARTICLE I. Organization There is hereby organized a Regional Planning Commission, (hereinafter referred to as the Commission), which shall be a voluntary association of the local governmental units located within the Counties of Jefferson and Orange. ARTICLE II. General Purpose, Objectives and Declaration of Policy 1. The signatories of the Agreement establishing this Commission hereby declare that the objectives of this Commission shall be to encourage and permit local units of government to join and cooperate with one another to improve the healt, safety and general welfare of their citizens and to plan for the future development of the region or area embraced by the Agreement and the communities within the region. In achieving this purpose the Commission may exercise any powers heretofore or hereafter conferred upon it by State Law. 2. The physical, economic, and social well -being of the region, its citizens and business enterprises, now and in the future, are dependent upon an orderly development of the entire region. This will be possible only with the successful coordination of governmental services and policies. 3. Constructive and workable policies and programs for meeting and solving the region -wide problems of local government will be most effectively and expeditiously developed by regular meetings of governmental unit members in a regional voluntary association. 4. The Commission is an organization through which individual governmental units can coordinate their efforts. It is not in itself a government nor does it seek to become one. 5. The Commission shall consider such matters as are region -wide in nature and /or overlapping between two or more member governmental entities. The Commission may make plans for the development of the area which may include recommendations on major thoroughfares, streets, traffic, and transportation studies, bridges, airports, parks, recreation sites, school sites, public utilities, land use, water supply, sanitation facilities, drainage, public buildings, population density, open spaces, and other items relating to the effectuation of the general purpose. ARTICLE III. Membership 1. Eligible governmental units within the area embraced by the Com- mission may become members of the South East Texas Regional Planning Com- mission by the passage of an ordinance, minute order, resolution or other appropriate and legal action by the governing body adopting the Agreement creat- 16 Minutes continued - August 10, 1971 ing this Commission and these Bylaws. 2. Governmental units eligible to become members of the Commission shall be: a. Counties and incorporated cities. b. Independent school districts. C. Water, sewer, hospital and other special districts. 3. To be eligible for membership, a governmental unit shall be geographically situated in whole or in part, within the area described in Article I of these Bylaws. 4. A member of the Commission may withdraw by vote of a simple majority of the membership of its governing body. Governmental units which withdraw from the Commission may subsequently apply for readmission as new members. 5. A member which is more than two (2) months in arrears in its dues as set forth in Article IX of these Bylaws may be denied its voting privileges until such time as such dues are paid. ARTICLE IV. Representation 1. The Governmental units affiliating with the Commission shall be , represented by the elected officials from each member county, city, and school district, water and sewer district and /or other special districts. 2. As used in these Bylaws, the term 'elected official" means a mayor or member of the governing body of a municipality, a county judge, a county commissioner, or an elected official from any special district. a. At least 51 % of the voting representatives must be elected officials of general purpose governmental units. b. A majority of the votes cast shall be cast by general governmental units (counties and incorporated cities.) 3. Representatives shall serve during the term of office to which they have been elected unless sooner replaced by the appointing authority. ARTICLE V. Meetings 1. The representatives of the member governing bodies shall meet at least once a year , and upon the call of the President. Fifty -one percent I (51 %) of the total number of representatives shall constitute a quorum for the transaction of business. ii Minutes continued - August 10, 1971 2. Meetings called by the President shall be announced by written notice served upon or mailed to each representative at least ten (10) days prior to the meeting. The written notice shall specify the time, place and object of the called meeting and business transacted at such called meetings shall be confined to the objects as stated in such notice. 3. When a quorum is present at any meeting, the vote of the majority of the representatives present shall decide any question brought before such meeting. ARTICLE VI. Executive Committee There shall be an Executive Committee consisting of the following: a. Each County shall have five (5) representatives who shall be the elected officials of the Counties as set forth in Article IV hereof. b. Each member City shall have two (2) representatives, the Mayor or his alternate and one (1) Councilman or Alderman or his alternate, who shall be appointed by the respective City governing body. C. School districts shall have two (2) representatives - -- one representative from Orange County and one repre- sentative from Jefferson County. d. All water and sewer districts (including fresh water supply districts) combined shall have one (1) representative. e. All other special districts (including port authorities, river authorities, soil and water conservation districts and drainage districts) combined shall have one (1) representative. 2. The executive Committee shall be the governing body of the Commission between meetings of the entire membership, shall be responsible for the general policies and programs of the Commission and for the control of its funds. The President of the Commission or, in his absence, the First Vice - President shall preside at all meetings of the Executive Committee. 3. The Executive Committee shall meet at a time and place which it shall designate. The President may call special meetings of the Executive Committee subject to the provisions of Article V regarding special meetings of the membership. 4. A majority of the total number of the members of the Executive Committee shall constitute a quorum for the transaction of all business. When a quorum is present at any meeting, the majority vote of the members present 18 Minutes continued - August 10, 1971 shall decide any questions under consideration. ARTICLE VII. Officers 1. At the November meeting of the Executive Committee, the President shall, appoint a Nominating Committee to present a slate of officers to the Executive Committee at their December meeting. At this December meeting the Executive Committee shall elect a President, First Vice - President, Second Vice - President, Third Vice - President, Fourth Vice - President and Secretary- Treasurer, who shall begin their terms of office on the following January 1st. 2. The First Vice - President shall be a representative from the County opposite from the County represented by the President. 3. The President and the Secretary- Treasurer shall be representatives from the same County. 4. Two of the Vice - Presidents will be representatives from Jef- ferson County and two Vice - Presidents will be representatives from Orange County. 5. If for any reason an officer vacates his position on the Executive Committee during his position on the Executive Committee during his elected ' year of office, a replacement will be elected by the Executive Committee at the first meeting of the Executive Committee following the vacancy. 6. The President, four (4) Vice - Presidents, and Secretary- Treasurer shall be included in the authorized number of representatives from the governmental jurisdictions as provided for in Article VI, so that a governmental jurisdiction shall not thereby have any additional representation on the Executive Committee. ARTICLE VIII. Executive Director and Staff 1. The Executive Committee may employ an Executive Director who shall have a degree in planning from a recognized and accredited school, or be qualified by professional experience in the field of planning, who shall not be an employee of any member agency of this Commission, and he shall serve at the pleasure of the Executive Committee. 2. The Executive Director shall be the chief administrative officer of the Commission and shall, subject to the rules and regulations of the Executive Committee, act for and in the name of the Commission and appoint and remove all subordinate employees of the Commission. 3. The Executive Director shall prepare and recomme nd the annual ' budget of the Commission and shall faithfully execute all other duties and responsibilities vested in or required of him by the Executive Committee. 19 Minutes continued - August 10, 1971 4. The Executive Director shall recommend the employment of consultants to the Executive Committee. 5. The Executive Director shall work with and coordinate all of the studies and surveys and work with any and all consultants or the representatives of each governmental unit. ARTICLE IX. Finance 1. Each governmental unit becoming a member of the Commission shall pay dues on the basis of budget requirements as approved by the general membership. 2. The Commission may apply for, contract for, receive and expend funds or grants from the State of Texas, the Federal Government or any other source. The Commission shall have no power to levy any character of tax whatever. 3. Funds of the Commission shall be deposited in a depository to be designated by the Executive Committee and may be expended upon check or warrant signed by the Secretary- Treasurer, countersigned by the President, or, in the absence or inability of the President to act, a Vice - President. ARTICLE X. Adoption and Amendment 1. These Bylaws shall become initially effective upon adoption by two or more governing bodies of County and municipalities within Jefferson and Orange Counties, having a combined population equal to not less than sixty percent (60%) of the total population. 2. These Bylaws, with the exception of Articles IV and IX may be amended at any meeting of the Executive Committee by affirmative vote of a majority of the total number of representatives, provided that at least ten (10) days notice in writing by Registered Mail is given to all representatives setting forth the proposed amendment. 3. Article IV and Article IX of these Bylaws may be amended only by sub- mission of the proposed amendment to the governing bodies of the member governmental units and the assent to such amendments by two - thirds (2/3) of such governing bodies, provided that at least ten (10) days notice in writing by Registered Mail is given all representatives setting forth the proposed amendment. ARTICLE XI. Annual Report and Audit The Commission shall prepare an annual report which shall be sub- , mitted to all members of the governing bodies of all member governmental units. The Commission shall have an annual audit, made by an independent outside auditor who shall be a Certified Public Accountant, of its financial accounts and transactions during the preceding fiscal year and shall include a summary of such 20 Minutes continued - August 10, 1971 audit in its annual report. ARTICLE XII. Budget Submission and Adoption The budget shall be submitted annually to the Executive Committee and the adoption of assessment schedule by the Commission shall be annually. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of the bills for the month of July, 1971, in the amount of $5, 055. 27 by General Fund Checks No. 1153 -1193, $11,492.08 by Water Fund Checks No. 10196- 10222, a total of $16, 547. 35. All Voted Aye. The meeting was adjourned at 10:30 P.M. Homer E. Nagel, ZXayor City of Nederland, Texas ATTEST: Diane Hawkins, Acting City Secretary City of Nederland, Texas * The property purchase from H. B. Murray was not consumated due to the Charter requirement of four affirmative votes by the Council far amending the budget, Section 7.08. 1 L REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND �1l August 24, 1971 The meeting was called to order at 6:30 P.M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting of August 10, 1971, as written. All Voted Aye. Mr. Castille was present to discuss extension of sewer services to property outside city limits approximately a distance of 350' from the city sewer line. No action was taken. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action authorizing participation in a private hurricane advisory service with other entities until some future date when it may be given further consideration. All Voted Aye. Mr. Peterson of Hollywood Addition and a customer of C and R Garbage Service was present to request use of the garbage dump facility for trash disposal with- out purchase of a dump permit. The Mayor explained why permission could not be, granted. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize collection of court cost fees to be used in the enforcement of the Omnibus Crime Control and Safe Street Act of 1968 in accordance with Senate Bill 841, as pre- sented by Mr. Sanderson, City Attorney. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the purchase of an approximate 2. 1 acre tract of land for the amount of $7, 523. 55 from General Fund Surplus Account, $23. 55 covering survey costs, attorney fee, tax certificates, etc. Messrs. Lee, Nagel and Nugent Voted Aye. Messrs. Gillespie and Clotiaux Voted No.* The meeting was adjourned at 9:05 P.M. Homer E. Nagel, Ma or City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 22 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I September 14, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr. , Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the minutes of the previous meeting of August 24, 1971. All Voted Aye. Sealed bids were received and opened for construction of water and sanitary sewer facilities in Songwood No. 1 Addition as follows: BIDDER W. D. SECURITY AMOUNT Bella Company 30 5% BB $ 6,894.40 J. C. N. Pavers, Inc. 30 5% BB 6,387.80 Barclay- Owens, Inc„ 30 $417. 27 CC 8,345.30 Port City Const. Co. 115 5% BB 10, 201.70 Mar -Len 25 $375. 00 CC 6,890.00 , Sabine Consolidated 20 5% BB 6,088.40 A motion was made by Mr. Lee and seconded by Mr. Clotiaux to table action for further study and recommendation by the City Manager. All Voted Aye. Sealed bids were received and opened for Employee and Dependent's Hospitalization and Life Insurance. A motion was made by Mr. Nagel and seconded by Mr. Lee to refer insurance bids to the committee for study and recommendation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize City of Nederland patrol car to escort Nederland High School band to out of town football games. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve provision of th payment of $600.00 maximum for utilities to Junior Football League facilities of Babe Ruth Ballpark as requested by letter from Mrs. Vera LeBlanc, Secretary- Treasurer. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Lee to authorize the ' Volunteer Fire Department to purchase answering devices up to $700.00 from their monthly budgeted funds as requested by Mr. Fussell Fontenot, President. All Voted Aye. �I;J Minutes continued - September 14, 1971 A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize attendance and expenses for Civil Defense Officials to the Texas Gulf Coast Civil Defense Annual Conference in Texas City, September 24th and 25th. All Voted Aye, A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to reimburse Officer Robert W. Stokes in the amount of $195.00 for completion of the course in Civil and Criminal Identification and Investigation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve award of low bid to Sabine Consolidated for construction of water and sanitary sewer facilities in Songwood No. One Addition contingent upon deposit by Mr. Don Elliott with the City Secretary of a cashier's check in the amount of the bid, $6, 088. 40. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payment of the Bills for the month of August in the amount of $12, 240. 76 by General Fund Checks No. 1225 -1270 and $10, 124.25 by Water Department Checks No. 10244 - 10276, a total of $22, 365. 01. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Lee to authorize the at- tendance of H. E. Nagel, Mayor, and Dave Perrell, Engineer, to Texas Water Quality Board Meeting in Austin, September 17, 1971. All Voted Aye. IThe meeting was adjourned at 9:00 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 Homer E. Nagel, May Kr City of Nederland, Texas 24 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 27, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Negent and seconded by Mr. Lee to approve the minutes of the meeting of September 14, 1971, as written. All Voted Aye. Mr. Paul Adams, District Manager and Mr. Larry Copeland, Local Manager of Southwestern Bell Telephone Company were present to request reconsideration of rate increase request presented earlier. Mr. Copeland informed the Council that Southwestern Bell Telephone Company refused payment of cost for outside audit as previously requested by the City. A motion was made by Mr. Nagelaid seconded by Mr. Nugent to table request by Southwestern Bell Telephone Company for further study. All Votdd Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize an annual transfer from Water Fund to General Fund in the amount of $73, 000. 00 as per Section 15.02 of the City Charter. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to accept the annual audit report for Fiscal Year October 1, 1969, to September 30, 1970, as presented by Mr. Jerry Burrows, C. P. A. , Port Arthur; to authorize publication of Exhibit "A"; and to approve payment in the amount of $1, 500.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize Business Men's Assurance Company to provide employee and dependent's hospitalization insurance and life coverage under proposal dated September 14th, effective at termination of Federal Wage and Benefit Freeze and can- cellation of present policy on same date. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to authorize the attendance and expenses of a Waste Water Plant operator to Texas A & M School at a cost of $81. 24 to the city. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve and accept the 1971 Assessment Rolls for the City in the amount of $35, 210, 852. 20. All Voted Aye. t The meeting was adjourned at 8 :00 P.M. ATTEST: i Homer E. Nagel,Mlayor _w /( City of Nederland, Texas Alta Fletcher, City Secretary REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 25. September 28, 1971 The meeting was called to order at 6:30 P. M. by Mayor Pro - Tempore T. E. Lee. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. R. A. Nugent and Mr. Sam Gillespie. Mr. Nagel was absent. A motion was made by Mr. Lee and seconded by Mr. Nugent to add to the minutes of August 24, 1971, that the property purchase from H. B. Murray was not con - sumated due to the Charter requirement of a four affirmative votes by the Council for amending the budget, Section 7. 08. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to name Mr. Jerry Burrows as auditor to perform the annual audit for fiscal year October 1, 1970, to September 30, 1971, as per letter from Mr. Burrows, with stipulation that audit be completed within 90 days. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize attendance and expenses to Governor's School of Texas Traffic Safety Program, I October 6, 7 and 8, 1971, at Holiday Inn West, in Houston, for Messrs. W. E. Sanderson, J. M. Franks, Billy Neal, M. J. Cormier, George Hallmark and D. B. Henson. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve use of the front office and reception area at 908 Boston Avenue building by the Texas Employment Commission at $2. 00 per month utility participation for seven months until May 1, 1972. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Gillespie to approve adoption of the following Amendment to Ordinance No. 164 providing for Regular Council meetings until April 6, 1972. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM OCTOBER 1, 1971, THROUGH APRIL 6, 1972. 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 nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P. M. on each of the following dates: 26 September 28, 1971 - minutes continued October 11th and 25th November 8th and 22nd December 13th and 27th January 11th and 25th February 8th and 22nd March 14th and 28th April 6th PASSED AND APPROVED by the City Council at a regular meeting, this the 28th day of September, 1971. S/ T. E. LEE T. E. Lee, Mayor Pro Tempore City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas The meeting was adjourned at 7:10 P.M. T. E. Lee, Mayor Pro mpore City of Nederland, Texas ATTEST: ��i(�, Z- /z4/ Alta Fletcher, City Secretary City of Nederland, Texas 1 1 2r', REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 11, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the meetings of September 27th and 28th, 1971, as written. All Voted Aye. A mtoion was made by Mr. Nagel and seconded by Mr. Nugent to table action on an Amendment to Ordinance No. 134 until the next regular meeting and return to the City Manager and City Attorney for further study. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize receipt of bids 6:30 P.M. , November 8, 1971, for vehicles, equipment or uniforms as specified in the "Notice to Bidders. " All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt the following Ordinance No. 268 and grant a Park, or Bus, Bench permit to Triangle Advertising, Mr. Floyd Fisher and Mr. Bob Die. All Voted Aye. ORDINANCE NO. 268 ANORDINANCE granting a permit to TRIANGLE ADVERTISING, INC. to establish and maintain public service benches in the City, providing for renewal, providing the term of such permit, setting forth conditions ac- companying the grant of the permit, providing regulations governing the use of public property by the grantee, providing for indemnity to the City, providing for permit payments to the City, providing for termination for failure to comply with the provisions hereof, and declaring an emergency. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: SECTION 1: Triangle Advertising, Inc. , a Texas Corporation, hereinafter referred to as Triangle, is hereby granted for a period of ten (10) years from the date of final passage hereof, the right and authority to construct and maintain at locations on public property within the City of Nederland, Texas, benches for the use and accommodation of the patrons and users of buses and public conveyances and of the public generally and to use and employ the backs of said benches for advertising sold by Triangle to persons, firms, corporations and the public generally. Triangle shall have the option to renew this permit for an additional ten (10) year period and shall give notice in writing of the exercise of such option ninety (90) days prior to the expiration of the primary term. 28 Minutes continued - October 11, 1971 SECTION 2: Triangle agrees to pay City 5% of the total gross receipts derived by Triangle from the rental of all bench units placed within the City. Said payments by Triangle to City shall be payable annually on or before the 15th day of January for the preceding year; this the payment for the year 1971 shall be payable January 15, 1972, and all subsequent payments shall be payable in like manner. SECTION 3: Triangle agrees to carry property damage and personal injury liability insurance in the sum of $100, 000. 00 and $300, 000. 00 respectively and shall hold City harmless from any and all damage or injury resulting from its operations in the City and /or from the placement and /or use of its bench units. Further copies of said property damage and personal injury liability insurance policies are to be forwarded to the City by Triangle. SECTION 4: Triangle agrees that it will keep its units clean, presentable, serviceable and attractive to the public, and will mow all grass around its benches for at least a distance of two feet. SECTION 5: The benches shall be placed by Triangle on public property at bus stops and at other public property locations when approved in writing by the City Manager. No benches shall be placed at locations where they will constitute a hazard to the safety of the public or an impediment to traffic. The location requested 'shall be deemed approved unless Triangle is notified of objection to the location within ten (10) days of receipt of request ' by City. If said officer shall notify Triangle that there is objection the location of such bench within said ten (10) day period, then Triangle shall have the right to appear in person before such officer or the City Council to discuss the objection. If any abutting property owner shall object to the location of any bench of Triangle, either at the time said bench is installed or at any time thereafter, City shall notify Triangle in writing that such objection has been made, setting forth the name of the objector and the nature of the objections made. Triangle shall have fifteen (15) days from the date of receiving such not- ice of objection in which to attemplt to satisy the objections. If Triangle is not successful in meeting such objections within the said fifteen (15) day period, then the bench shall be removed immediately. The City reserves the right to have any bench removed from a location, or relocated, for any reason should said bench be deemed by it as ojectionable. Triangle shall remove or relocate same immediately upon notice in writing by said officer; however, Triangle shall have fifteen (15) days after removal or relocation of the bench within which to appear before the City Council for reinstatement of the bench at said location. SECTION 6: In the event of termination of this permit, said benches shall be removed from said locations by Triangle without cost or expense to the City and the surface where such benches were located shall be fully restored to its former condition. 2.4 October 11, 1971 - Minutes continued SECTION 7: The advertisement placed and maintained on such benches by Triangle shall not include advertisements of alcoholic beverages or of businesses or establishments whose principal business is the manufacture, sale or handling of alcoholic beverages orany advertisement which the City Council shall determine to be fraudulent, illegal or immoral, nor shall such advertising include advertising for candidates for political office or any issue which is to be voted upon by the electorate. SECTION 8: City reserves the right to inspect and /or audit the books of Triangle at any reasonable time during the normal working hours of Triangle. SECTIONS: If Triangle fails or refuses to comply with the terms of this permit, the City may notify Triangle in writing of such failure or re- fusal and if Triangle does not comply*ithin thirty (30) days after receipt of such notice, the City Councilmay at its option cancel this permit. SECTION 10: The provisions of the Charter and the Code or Ordinances of the City, however, insofar as such provisions are applicable and to the extent which they may not lawfully be superceded by this ordinance, shall be considered a part hereof as though expressly written herein and Triangle shall be bound thereby. SECTION 11: This permit shall not be sold, transferred or assigned by Triangle except with the consent and approval of the City Council, such consent and approval to be evidenced by resolution adopted by said City Council. SECTION 12: Any notice required to be given herein shall be considered sufficient if deposited in the United States mail with sufficient postage attached thereto and directed to Triangle at the following address: P. O. Box 357, Nederland, Texas 737627, and to the City when directed to the City Secretary. SECTION 13: Triangle shall install ten (10) or more public service benches in accordance with the terms hereof within the limits of City on or before August 30, 1972, or this permit shall become null and void August 31, 1972. SECTION 14: The fact that the citizens of the City are without public service benches and since such service is desirable and necessary in the City creates an emergency requiring this ordinance to be effective immediately and it is so enacted. PASSED AND APPROVED this the 11th day of October, 1971. S/ HOMER E. NAGEL The above Ordinance was duly Mayor of the City of Nederland, Texas read, voted and passed as set forth in such Ordinance. S/ ALTA FLETCHER City Secretary 30 Minutes continued - October 11, 1971 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve correction of two errors in assessment on the 1970 Taxroll amounting to $21. 30 charge off in accordance with Section 8.09 of the City Charter. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of bills for the month of September in the amount of $17, 166. 58, $6, 190.59 by General Fund Checks No. 1305 -1343 and $10, 975. 99 by Water Fund Checks No. 10286 -10300 and 8051 -8062. All Voted Aye. The meeting was adjourned at 8:00 P.M. Homer E. Nagel, 'yam or City of Nederland, Texas ATTEST: �D i1 J , 1e27 1, � i .� Alta Fletcher, City Secretary City of Nederland, Texas 1 1 ;3l REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 25, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of October 11, 1971, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 134 extending the time of retaining dogs. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 134 AN AMENDMENT TO ORDINANCE NO. 134 PROVIDING A CHANGE IN LENGTH OF CONFINEMENT AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ISECTION 8 CHANGES AND AMENDMENTS: It shall be the duty of the Pound Master, or any police officer of the City of Nederland, Texas, to take up any dog or dogs found at large and confine such dog or dogs in the City Pound for 120 hours during which time the owner or person entitled to said dog, upon satisfactory proof to the Pound Master of ownership, may redeem his dog upon the owner taking the four (4) actions listed as 1 -4 following; and the Pound Master or any Police Officer of the City of Nederland, Texas, shall retain such dogs for an additional 48 hours during which time such dogs may be redeemed by any person upon that person taking the four (4) actions listed as 1 -4 following: 1. Payment to the Pound Master of a pound fee of Two ($2. 00) Dollars for first time the dog is apprehended during any one calendar year. OR Payment to the Pound Master of a pound fee of Twn ' ($10.00) Dollars for a second time the dog is apprehended during any one calendar year, AL 32 Minutes continued - October 25, 1971 OR Payment to the Pound Master of a pound fee of Twenty - five ($25.00) Dollars for a third time and each sub- sequent time the dog is apprehended during any one calendar year; AND Signing of an affidavit by owner of said dog that said person is the owner and will accept all responsibility for any and all acts of said dog while within the City of Nederland, stating owner's address, indicating type of enclosure in which dog is to be housed, including the current date of apprehension of dog and all previous dates during that calendar year when same dog was apprehended; 3. Presentation of vaccination certificate by owner showing that said dog has been vaccinated at some time during the previous twelve (12) months, no Payment of Three ($3.00) Dollars to Pound Master as vac- cination fee, for which a receipt shall be issued and for which actual payment shall be made by City to a Licensed Veterin- arian of the State of Texas for rabies vaccination of dog upon presentation of pre- issued receipt by Veterinarian that he has provided this vaccination service; AND 4. Payment by owner of the fee for City license in accordance with Section 2 of this Ordinance; Upon these actions by the owner the Pound Master shall issue official receipt for the amounts paid and release the dog to the custody of the owner. In the event the owner of any dog fails to claim said dog within the time stated in this section, then it shall be the duty of the Pound Master to destroy and dispose of the dog immediately. The Pound Master shall provide at the cost of the City suitable and necessary sustenance for all dogs so impounded. SEC TTON 7 A. Any person violating any of the provisions of this Ordinance shall be charges with committing a misdemeanor and upon conviction shall be fined not less than One ($1.00) Dollar nor more than One - hundred ($100. 00) Dollars, as determined, by the Judge of Corporation Court of the City of Nederland. ¢� V Minutes continued - October 25, 1971 This Amendment shall be effective from and after its passage and publication as required by law. PASSED, ADOPTED AND APPROVED this day of A.D., 1971. S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, Gity Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas ' A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve provision of influenza immunization shots to full time employees in accordance with usual policy, 25 @ $4.00, total $100.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the V Blacktop Street Maintenance Program for 1971 -1972 Fiscal Year, approximately four miles, as presented, with the exception of Boston Avenue which should be reviewed at a later date. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve one (1) 3, 000 Lumen Mercury Vapor street light to be located at the dead end of Omaha, 3400 Block with the Airport Ditch, as requested by Mrs. Quebedeaux, 3411 Omaha; and to replace the light located at Canal Avenue and 18th Street with a 3, 300 Mercury Vapor light. All Voted Aye. The meeting was adjourned at 7:15 P. M. GL_�X Homer E. Nagel, Ma or City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 34 REGULAR MEETINGOFTH E CITY COUNCIL OF THE CITY OF NEDERLAND November 8, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Sam Gillespie, Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Olin Clotiaux. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting as written. All Voted Aye. Sealed bids were received, opened and read for equipment as follows: new or used Bulldozer, Loader or Compactor; 2 Ton Chassis with Open Dump Bed; 2 Ton Dump Truck with Bed; 1 Ton Pickup with Utility Bed; 1/2 Ton Pickup; Police Car; 12 ea. 3 cubic yard Garbage Containers; and, Work Uniforms for outside employees. Bidders were Browning - Ferris, Fogel Equipment Company, Mustang Tractor and Equipment Co. , Gordon Chevrolet, Davis Truck and Equipment, Raiford Motors, Philpott Ford, George Pennell, Jones Rambler, Crocker Motors, Gulfway Dodge, International Truck Sales, Garwood, The Fair, Inc. , and J. C. Penney Company. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the above described bids to the City Manager for tabulation and recommendation. All Voted Aye. I A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the water line to J. Garth Mobile Home Park and approve final payment of $2, 824.92 from Escrow Account and refund of $123.47 balance in account to Developer, and set maximum to be repaid, per agreement, within 20 years for water line of $28, 249. 21 plus 6% engineering, total $29, 944. 16. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action authorizing preparation of an annexation ordinance to encompass property to Nederland Independent School District on which the High School is situated and other areas in that vicinity for possible further consideration at a later date. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to appoint Mr. Dick Nugent as a member of the Board of Directors of the Mid- County Municipal League for the year 1972. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to request an extension of time to award Sewer Plant Addition Contract until May 1, 1972, and authorize Charles R. Haile Associates, Inc. , Engineers, to proceed with redesign of facilities to maximum size estimated to be constructed within the total funds available from all sources. All Voted Aye. I A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the following letter to Lower Neches Valley Authority concerning the Lower Neches River Area Waste Disposal Plan. All Voted Aye. I ;J0 Minutes continued - November 8, 1971 November 8, 1971 Mr. W. F. Weed, Chairman Lower Neches Valley Authority P. O. Box 3007 Beaumont, Texas 77704 Dear Sir: The City Council of Nederland at a regular Council meeting on November 8, 1971, agree with the recommendation passed by the Mid - County Municipal League meeting on November 1, 1971, that contingent upon the regional development system in- cluding Beaumont and Port Arthur being implemented, the City of Nederland endorse Plan No. 3 as described in the letter from Mr. R. T. Spence, Jr. , Freese, Nichols and Endress Engineers, to Mr.' D. C. Perrell dated October 12, 1971, as follows: 1. Crane Bayou System - Collect wastewater from the service areas of the South Groves Plant and the Port Arthur Main Plant and treat in a single facility using the Port Arthur Main Plant as a nucleus. Treated effluent would be discharged into the Intracoastal Canal. 2. Star Lake System - Collect all municipal and industrial wastewater in the Central System, except that listed above in the Crane Bayou System, and treat in a new single facility in the Star Lake Area adjacent to the Pure - Atlantic Road. Treated effluent would be discharged to the Neches River through the Star Lake outfall. Table 69 in the Phase III Report lists all flows in the Central System. and, that the following provisions be submitted and recommended for further study: That the appointed authority make equitable payments for all facilities that are used or abondoned because of implementation of the plan. That the appointed authority take over management and operation of the facilities described above as soon as all payments or agreements have been signed and approved with all subscribers to the plan. That the appointed authority set rates on a volume basis with surcharges for excessive BOD, COD and Suspended Solids and with no charge for transportation from the metered delivery point to the treating plant. The Council also expressed a desire to again go on record as endorsing the Lower Neches Valley Authority as the Operating Entity for the Regional Waste Water Treatment Management System for the Lower Neches River Valley Area. Yours very truly, S/ H. E. NAGEL 36 Minutes continued - November 8, 1971 H. E. Nagel Mayor HEN /dh CC: Mr. Hugh C. Yantis, Texas Water Quality Board County Judge Chester Young Mr. Don Kelly, South East Texas Regional Planning Commission Mr. D. C. Perrell, Charles R. Haile Associates, Inc. Note: The Nederland City Charter regarding this matter is quoted as follows: Section 15.04 - SALE OR LEASE OF MUNICIPALLY OWNER UTILITIES No public utility or park and /or swimming pools owner by the City of Nederland shall ever be sold or leased for a period of longer than five (5) years until such sale or lease is authorized by a majority vote of the qualified voters of the City; nor shall same be encumbered for more than $5, 000. 00 except for purchase money or to refund any existing indebtedness lawfully created, until authorized in like manner. 71 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve request for designation as an Area Planning Jurisdiction in cooperation with cities of Port Neches and Groves and in accordance with documents submitted. I All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 147 concerning Commercial Driver's Licenses for employees, if required, as a condition of employment. All Voted Aye. AN AMENDMENT TO CITY OF NEDERLAND ORDINANCE NO. 147 PERSONNEL POLICY ORDINANCE AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER SHALL BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES, AND RENDERING ALL OTHER CONFLICTING ORDINANCES NOW OF RECORD NULL AND VOID. WHEREAS, The City Council is of the opinion that a definite policy should be established for the employees of the City of Nederland with reference to any and all benefits, and that the City Manager shall be governed by the provisions of said policy in dealing with the employees. NOW, THEREFORE, be it ordained by the City Council of the City of I Nederland, Texas. Driver's License: ARTTC.T.F VTT •, 1 Minutes continued - November 8, 1971 When required as a condition for employment in a particular department, the difference in fee between a Texas Regular Operator's License and Commercial or Chauffeur's License shall be paid by the City of Nederland for each employee so designated. PASSED AND APPROVED by the City Council at a regular meeting this the 8th day of November, A. D. , 1971. S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 164 setting Regular City Council Meeting dates as per Section 3. 11 of City Charter. All Voted Aye. AN AMENDMENT TO ORDINANCE No. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM DECEMBER 1, 1971, THROUGH APRIL 6, 1972. 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 nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P.M. on each of the following dates: December 13th and 28th (Tuesday) January 10th and 24th February 7th and 22nd (Tuesday) March 13th and 27th April 6th PASSED AND APPROVED by the City Council at a regular meeting, this the 8th day of November, 1971. 38 Minutes continued - November 8, 1971 S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S/' ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve the following Resolution in support of the Criminal Justice Council's Radio Communi- cations Plan. All Voted Aye. CITY OF NEDERLAND A RESOLUTION BE IT REMEMBERED, that on this, the 8th day of November, A. D. , 1971, ' came on to be heard and adopted in a duly called and regular meeting of the City Council of the City of Nederland the following Resolution: THAT WHEREAS, the South East Texas Regional Planning Commission has proposed a Regional Law Enforcement Radio Communications Plan, and; WHEREAS, this program will result in an upgrading of the overall regional law enforcement capability, and; WHEREAS, law enforcement communications is critical to the provision of adequate law enforcement services, and;; WHEREAS, that said endorsement does not, and shall not be construed to represent an intent to commit funds to such a Plan, and; WHEREAS, that any commitment of funds shall be made only by separate and subsequent action of this City Council; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Nederland does endorse the aforementioned Communications Plan. , Done this 8th day of November, A.D. , 1971, at Nederland, Jefferson County, Texas. S/ H. E. NAGEL H. E. Nagel, Mayor ATTEST: S /ALTA FLETCHER ity Secretary 39 Minutes continued - November 8, 1971 A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve plans of Texas Highway Department to construct the northbound lane of U. S. 69 from F. M. 365 to Helena Avenue and to authorize the relocation of water and /or sewer facilities estimated to cost $10, 000. 00. All Voted Aye. Mr. Nugent was excused from the meeting at 9:30 P. M. to go to work. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve plans for Boston Avenue storm sewer facilities and appurtenances from 3rd Street to 9th Street and authorize advertisement for bids to be received 6:30 P.M. , December 13, 1971. All Voted Aye. The meeting was adjourned at 9:40 P. M. F /I 524� H. E. Nagel, M or City of Nederland, Texas ATTEST: Ia, 2,- L "a �- � Alta Fletcher, City Secretary City of Nederland, Texas r A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve payment of the bills for the month of October, 1971, in the amount of $10, 053. 64 by General Fund Checks No. 1375 -1426 and $10, 183.03 by Water Fund Checks No. 8090 -8112, a total of $20, 236. 67. All Voted Aye. I [ I Irl REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 22, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to approve minutes of the previous meeting of November 8, 1971, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to award bids for six (6) units of equipment and work uniforms as follows and table action on bulldozer. All Voted Aye. 1. Trash Truck: Ford- Raiford Motors- without trade, $6, 347. 06 - low bid, ($18.50 for 194" wheelbase instead of 186" wheelbase); award sale of used truck to Mr. Pannell, $325.00. 2. Dump Truck: Dodge - Gulfway Dodge less trade, $4, 094. 34 - low bid. 3. 1 Ton Utility Truck: - Dodge - Gulfway Dodge, less trade, $3, 125. 85 low bid. 4. 1/2 Ton Pickup:' - Dodge - Gulfway Dodge, less trade, $2, 141.00 - Second low bid, we feel Dodge is worth more than $51. 21 more than International. 5. Police Car: - Ford - Raiford Motors, less trade, $2, 360. 00 - low bid. 6. Work Uniforms: - The hair Store - Low bid. 7. 3 Cubic Yard Garbage Containers: - Davis Truck and Equipment Co., $260.00 each, low bid. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept seven (7) applications for "On Premises" Alcoholic Beverage Licenses under Ordinance No. 70, as follows: Pioneer Bar B Que; Pizza Inn; The Schooner; Nederland Club; Club 493; Catfish Kitchen; and the Model Cafe. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on approval of an ordinance providing for uniform procedures, reporting, and regulations for public utilities under franchise to allow further study. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to authorize receiving bids 6:30 P.M. , December 28, 1971, for completion of lighting of "Softball Field - Junior Football Field" behind City Service Center. All Voted Aye. 41 Minutes continued - November 22, 1971 A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve _ payment of annual premiums for all insurance coverage to McNeill Insurance Agency in amount of $15, 284. 00. All Voted Aye. A motion.was made by Mr. Nagel and seconded by Mr. Nugent to accept water and sanitary sewer facilities in Songwood Addition, Unit One; approve final payment of $6, 647. 20 to Sabine Consolidated, Contractor, from Developer's Escorw Account; and, approve purchase of lines in accordance with Ordinance 121 for maximum of $7, 046. 03 from Don Elliott, Developer. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to authorize payments to Charles R. Haile Associates, Inc. , Engineering, for service as follows: Application for Area Planning Jurisdiction, $1, 949.56; and Pro Rata Part, Mid - County Sewerage Study, $1, 102. 19. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to tentatively approve participation with Grove and Port Neches for a comprehensive plan under Federal 701 Grant Program. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Lee to adopt the following Amendment to Ordinance No. 155 changing minimum Gargage rates $.50 /month and the City Manager reviewed budgeted wage and benefit increases. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 155 ' AN ORDINANCE ESTABLISHING FAIR AND STANDARD WATER AND SEWER RATES, WATER CONNECTION FEES, SEWER CONNECTION FEES, WATER METER DEPOSITS, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR DISCONTINUING OF WATER AND SEWER SERVICE FOR FAILURE TO PAY SUCH BILLS, ORDINING OTHER MATTERS RELATIVE TO RENDERING WATER AND SEWER SERVICE INSIDE AND OUTSIDE THE CITY LIMITS, PROVIDING A CHARGE FOR DISCONTINUANCE OF WATER SERVICE FOR FAILURE TO PAY WATER AND SEWER BILLS, SETTING SERVICE RATES FOR GARBAGE COLLECTION AND USE OF CITY DUMPING GROUNDS. WHEREAS, a revision should be made in the rates for garbage service now being charged by the City of Nederland, Texas, inside the City Limits and outside the City Limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. That rates per unit to be charged and collected by the City of Nederland, Texas, from all customers obtaining service from said Municipality shall be, and are hereby fixed, as set forth below: I 42 Minutes continued - November 22, 1971 GARBAGE RATES Inside City _ Outside City Residential (per month) $ 2.25 $ 4.00 , A - Commercial (per month) 2.75 5.00 B - Commercial (per month) 3.25 6.00 C - Commercial (per month) 5.50 10.50 D - Commercial (per month) 8.00 15.50 E - Commercial (per month) 12.00 23.50 F - Commercial (per month) 16.00 31.50 G - Commercial (per month) 21.00 41.50 H - Commercial (per month) 26.00 51.50 I - Commercial (per month) 36.00 71.50 J - Commercial (per month) 46.00 91. 50 2. 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. 3. This Ordinance shall become effective as of the 1st day of December, A.D., 1971. PASSED AND APPROVED by the City Council, City of Nederland, Texas, at a Regular Meeting this the day of , A.D., 1971. 1 S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary APPROVED AS TO FORM: S/ W. EVERETT SANDERSON W. Everett Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize , Chas. R. Haile Associates to provide updating of Regional Transportation Plan information (land use and population) to State Highway Department, estimated not to exceed $500.00. All Voted Aye. Minutes continued - November 22, 1971 A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize receiving bids 6:30 P. M., December 28, 1971, for repainting of two (2) water towers in accordance with specifications. All Voted Aye. The meeting was adjourned at 8:22 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 11 Homer E. Nagel, Mayo City of Nederland, Texas 4 ,i 44 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 13, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel Members present were Mr. H. E. Nagel, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. Clotiaux was absent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the meeting of November 22, 1971, as written. All Voted Aye. Sealed bids were opened and read for drainage facilities along Boston Avenue from Gage Avenue to 9th Street, under the 1966 Street and Drainage Improvement Program, as follows: CONTRACTOR BID SECURITY WORKING DAYS TOTAL AMOUNT Bella Company 5% 45 $ 39, 224. 30 El -Mar, Inc. 5% 90 98, 480.00 Trotti- Thompson 5% 100 84, 400.00 Barclay -Owens 5% 100 56, 519.50 General Construction Co. 5% 120 79, 271.74 Joe C. Norman Equip. $3, 500 CC 90 55, 024.50 ' Gulf Coast Industrial 5% 100 60, 046.00 Mar -Len, Inc. 2, 500 CC 60 41, 549.00 A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer the above described bids to the City Manager for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on approval of a Resolution authorizing an increase in telephone service rates by Soutnwestern Bell Telephone to allow for further study by the Council. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize an agreement for three (3) years from February 1, 1972, to January 31, 1975, with cities of Port Neches, Pear Ridge, Griffing Park, Groves and Lakeview for operation of the Mid - County Sanitary Landfill. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award bid to Browning- Ferris for the purchase of a Dozer, less trade -in, in the amount of $29, 921. 00, for International TD 15 -B, including relief holes, enclosing engine, reversible fan, enclosing cab, pressurizing cab, windshield wipers, and blade build -up, and to authorize a $25, 000 loan from Nederland State Bank at 4 1 /2% I interest. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve an "Order Calling an Election" April 4, 1972, for the purpose of electing a Mayor and two (2) Councilmen (Wards Two and Four.) All Voted Aye. 45 Minutes continued - December 13, 1971 A motion was made by Mr. Gillespie and seconded by Mr. Lee to adopt the following Ordinance No. 269 providing for Interlocal Police Assistance to other cities and counties and the City of Nederland as recommended by the Southeast Texas Criminal Justice Council. All Voted Aye. ORDINANCE NO. 269 AN ORDINANCE PROVIDING FOR INTERLOCAL POLICE ASSISTANCE TO OTHER CITIES AND COUNTIES AND THE CITY OF NEDERLAND; AND PROVIDING FOR COMPENSATION FOR POLICE OFFICERS OF THE CITY OF NEDERLAND AND POLICE OFFICERS FROM OTHER CITIES OR COUNTIES WHEN OPERATING UNDER THE PROPER AUTHORITY; PROVIDING FOR SEVERABILITY AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: SECTION 1 Section 1 -A. Interlocal Police Assistance That pursuant to the provisions of Article 999b, Vernon's Texas Civil Statutes, the Chief of Police of the City of Nederland is authorized to assign regularly employed law enforcement personnel of his department to assist any other county or municipality in this State, when a state of civil emergency in such other county or municipality has been declared by proper authority, upon request by such proper authority, and when, in the opinion of such proper authority, a need exists in such other county or municipality for the services of additional law enforcement officers to protect the health, life and property of such other county or municipality, its inhabitants, and the vistors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three or more persons acting together or without lawful authority, or during time of natural disaster or man -made calamity. Section 1 -B. Same Whenever any law enforcement officer of any other county or municipality is assigned to the City of Nederland, under authority of an order adopted by the governing body of such other county or municipality, to assist under circumstances as described above which may exist in the City of Nederland, that such officer shall be a peace officer of Nederland and shall be under the command of the Chief of Police of the City of Nederland, while so assigned, and he shall have all the powers of a regular law enforcement officer of the City of Nederland as fully as though he were within the county or municipality, where regularly employed and ' his qualification, respectively, for office where regularly employed shall constitute his qualification for office in the City of Nederland, and no other oath, bond, or compensation shall be made. U198 9 Minutes continued - December 13, 1971 Section 1 -C. Same I When any law enforcement officer of the City of Nederland is ordered by proper authority to perform peace Officer duties outside the territorial limits of the City of Nederland, he shall be entitled to the same wage, salary, pension, and all other compensation and all other rights for such service, including injury or death benefits, the same as though the service had been rendered within the limits of the City of Nederland, and he shall also be paid for any reasonable expenses of travel, food, or lodging, as well as for damage to equipment and clothing, and medical expenses which he may incur while on duty outside such limits, or while traveling to or from such assignment. Section 1 -D. Same When any law enforcement officer is assigned to the City of Nederland from another county or city under the circumstances described above, and upon request of the proper authority of the City of Nederland, that the City of Nederland will, upon proper request, reimburse the county of city furnishing the services of such law enforcement officer for his actual expenses of travel, food, lodging, and for such cost of damage to equipment and clothing resulting from the services of such law enforcement officer in the City of Nederland and for which the county or city where he is regularly employed has paid. SECTION 2 I That if any section subsection, sentence, clause or phrase of this Ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this Ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. SECTION 3 That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, this 13th day of December A. D. , 1971. ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SPNDERSON W. E. Sanderson, City Attorney S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas 1 44 Minutes continued - December 13, 1971 A motion was made by Mr. Nagel and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 216 increasing Employee benefits in the Texas Municipal Retirement System. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 216 THE TEXAS MUNICIPAL RETIREMENT SYSTEM PARTICIPATION ORDINANCE AN AMENDMENT PROVIDING FOR AND GRANTING "ANTECEDENT SERVICE CREDIT" AND "SPECIAL PRIOR SERVICE CREDIT" AT THE RATES HEREIN SPECIFIED, PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT, AND PROVIDING FOR AND ALLOWING VESTING OF CERTAIN RIGHTS, AND FOR RETIREMENT UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM OF EMPLOYEES WHO HAVE ATTAINED FIFTY YEARS OF AGE, AND HAVE COMPLETED TWENTY FIVE YEARS OF CREDITABLE SERVICE WITH THE CITY OF NEDERLAND, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF NEDERLAND, TEXAS: Section 1. Each person who is an employee of the City of Nederland on the 31st day of December, 1971, and who is at that date a member of the Texas Municipal Retirement System shall be allowed, and, upon the terms and conditions pre- scribed by Sec. XVI of Article 6243h, Vernon's Texas Civil Statutes, as amended by Chapter 371, Acts Regular Session, 61st Legislature, is hereby granted, ef- fective on the date last above mentioned, "antecedent service credit" (as that term is defined in said Act) calculated on the basis of One - Hundred per cent (100%) of each current service deposit actually made by such person with the Texas Municipal Retirement System during each month of current service performed for this city prior to the 31st day of December, 1971. Section 2. Each person who is an employee of the City of Nederland on the 31st day of December, 1971, and who at said date is a member of the Texas Municipal Retirement System and who holds in said System an effective prior service certificate granted by reason of service performed for this city prior to its partici- pation in said System, shall be allowed and is hereby granted (upon the terms and conditions prescribed by Sec. XV of Article 6243h, Vernon's Texas Civil Statutes as amended by Chapter 371, Acts of the Regular Session 61st Legislature) a "Special Prior Service Credit" in an amount equivalent to the accumulation at interest, as provided in said Act, of a series of Monthly payments of Five per cent (50/6) of the member's average prior service compensation" for the number of months of prior service certified to in such member's prior service certificate. The special prior service credit herein provided for shall be in addition to the prior service credit heretofore allowed such member. 4S Minutes continued - December 13, 1971 Any person who was employed by the City of Nederland prior to December 31, 1971, whose membership in Texas Municipal Retirement System by reason of such service has not terminated, and who on said date is absent from service in the employment of the City, shall be entitled to antecedent service credit and to special prior service credit in the amount (if any) he would have been allowed under Sections 1 and 2 hereof had he been in active service on said date, provided such person again becomes an employee of the city before termination of his said membership in Texas Municipal Retirement System and within five years from the 31st day of December, 1971, and provided such person thereupon continues as an employee of a participating department of the City of Nederland for a period of five (5) consecutive years. Section 3. That effective January 1, 1972, is for each month of Current Service there- after rendered by each of its employees who are members of the Texas Municipal Retirement System, the city will contribute to the current service annuity reserve of each such member at the time of his retirement, a sum that is 200% of such member's accumulated deposits for such month of employment; and said sum shall be contributed from the city's account in the Municipality Current Service Accumulation Fund. Section 4. ' Effective on the 31st day of December, 1971, any employee of the City of Nederland who has attained the age of fifty (50) years, and who as an employee of this city has comlleted twenty -five or more years of creditable service for which he is entitled to credit in the Texas Municipal Retirement System, and who has been a member of the System for one year or more, shall be eligible for service retirement as provided in subsection 1 (b), Section VII of Article 6243h, Vernon's Texas Civil Statutes, as amended. Any such employee who shall have completed twenty (20) years or more of creditable service as an employee of said city shall continue as a member of the Texas Municipal Retirement System despite subsequent absence from service for a period in excess of sixty months, provided he does not withdraw his deposits during such absence, and shall be eligible to retirement upon and after attainment of the minimum age prescribed by the Act above mentioned. Passed and approved this the 13th day of December, 1971. S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S / ALT F ' A LETCHER Alta Fletcher, City Secretary City of Nederland, Texas `J Minutes continued - December 13, 197 1 APPROVED AS TO FORM: S1 W. E. SANDERSON W. E. Sanderson, City Attorney A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action until a later date on Haskins and Sells Report of the Operation of Gulf States Utility Company pertaining to a requested increase in electrical rates. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a Resolution requesting Commissioner's Court to appoint a Committee to recommend a County Wide Road Improvement Program. All Voted Aye. CITY OF NEDERLAND R V fiOT .TT TT()N WHEREAS, certain roadways within Jefferson County require substantial improvement to meet the current traffic demands by the citizens of Jefferson County, and; ' WHEREAS, an adequate roadway system for vehicular transportation is an essential factor in the future development and growth of Jefferson County, and; WHEREAS, many of these roadways traverse through and across two or more existing municipal jurisdictions with Jefferson County, and; WHEREAS, improvement of these roadways in a logical extension of County Government responsibility, and; WHEREAS, the necessary roadway improvements for the future development of Jefferson County will require a substantial period of time to plan and implement; NOW, THEREFORE, BE IT RESOLVED, that the City of Nederland does hereby request the Commissioner's Court of Jefferson County to appoint at this time a citizen's committee, with representation from throughout the County, to study the feasibility and make recommendations for a roadway improvement program. PASSED BY the City Council of the City of Nederland, this the 13th day of December, A. D. , 1971. ATTEST: S/ H. E. NAGEL H. E. Nagel, Mayor S / ALTA FLETCHER City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas 5U Minutes continued - December 13, 1971 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action on recommendation of the Texas Water Quality Board concerning advertisement for bids for construction of an additional Sewerage Treatment Plant Unit by Januaty 3, 1972, to allow time for the City Manager to make contact with that office. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of the bills for the month of November in the amount of $10, 522. 55 by General Fund Checks No. 1459 -1514, and $11, 297. 53 by Water Fund Checks No. 08123 - 08155, a total of $21, 820. 08. All Voted Aye. The meeting was adjourned at 8:50 P.M. H. E. Nage , Mayor City of Nederland, Texas ATTEST: ���, 1 Alta Fletcher, City Secretary City of Nederland, Texas 1 1 01 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 28, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. Clotiaux was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve minutes of the previous meeting as written. All Voted Aye. Sealed bids were opened and read for painting of two (2) water towers. Bids received were from Barco Painting, Inc. , Industrial Coatings of Beaumont, Inc. , Virginia Erection Corporation, Universal Const. Co. , and American Tank Co. A motion was made by Mr. Lee and seconded by Mr. Nugent to table bids for study and recomm- endation by the City Manager. All Voted Aye. Sealed bids were opened and read for completion of lighting of Softball- Junior Football Field on Avenue "E" property. Bidders were Cardinal Electric Co. , Goldcrest Electric, and Miller Electric. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to refer the bids to the City Manager for tabulation and study. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to award bid for installation of storm sewers and appurtenances to drain Boston Avenue from 3rd Street to 8th Street to Bella Company of Beaumont, $40, 595. 90. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve seven (7) "On Premises" alcoholic beverage permits for the year 1972 as follows: Catfish Kitchen, Club No. 493, Nederland Club, The Schooner, Pizza Inn, Pioneer Barbeque, and Model Cafe. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table presentation of the Annual Audit Report by Mr. Jerry Burrows, C. P.A. , until the next meeting. All Voted Aye. The meeting was adjourned at 7:15 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas H. E. Nagel, Uayor City of Nederland, Texas 5 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 10, 1972 The meeting was called to order at 6:30 P.M. , by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting as written. All Voted Aye, A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the Annual Audit Report as presented by Mr. Jerry Burrows, C. P.A. , for Fiscal Year beginning October, 1, 1970, and ending September 30, 1971. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve temporary use of Bacto- Fun -Zyme bacteria at Sewage Treatment Plant to improve effluent as recommended by Mr. D. C. Perrell, Engineer, and A. A. Salter, Water and Waste Water Superintendent, at an estimated cost of $150.00 per month. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award bid , for painting of 150, 000 gallon and . 400, 000 gallon water towers to Barco Painting, Inc. of Houston for the sum of $15, 800.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to award bid for erection of lighting for Softball- Junior Football Field behind Service Center to Cardinal Electric for $2, 496. 00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the attendance and expenses of W. D. Winfrey to Water Utilities Instrumentation Course, James Connally State Technical Institute, Waco, February 7 through February 11 and February 21 through February 25, 1972. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment to Chas. R. Haile Associates, Inc. , for engineering services as follows: 300 to 900 Block Boston Avenue Drainage, $4, 975. 98; Water Tower Painting, $879. 80; and Review of Songwood Addition Plans, $124. 60. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on approval of an agreemtn with cities of Port Neches and Groves to provide Police Dispatching and Communication Service. All Voted Aye. I Minutes continued - January 10, 1972 A motion was made by Mr. Clotiaux and seconded by Mr. Gillespie to approve payment of bills for the month of December, 1971, in the amount of $8, 634. 21 by General Fund Checks No. 1535 -1575, and $11, 284. 37 by Water Fund Checks No. 8160 -8192, a total of $19, 918. 58. All Voted Aye. The meeting was adjourned at 8:40 P.M. ATTEST: u Alta Fletcher, City Secretary City of Nederland, Texas 1 .� <,-/I MIRZ Homer E. Nagel, Mayor City of Nederland, Texas F_ SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 17, 1972 I The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Jr., Mr. R. A. Nugent, Mr. H. E. Nagel, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept sewer line force main to J. Garth Mobile Home Park along U. S. 69 Highway. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the Nederland Humane Society to locate in the old city hall, 908 Boston Avenue for $2. 00 per month until May 1, 1972. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve an agreement with cities of Port Neches and Croves to provide Police Dis- patching and Communication Service as follows. All Voted Aye. ' THE STATE OF TEXAS i COUNTY OF JEFFERSON 1 This agreement made and entered into this 17th day of January A. D. 1972, by and between the City of Nederland the City of Groves and the City of Port Neches, each City acting herein by and through its respective Mayor hereunto duly authorized by resolution. WIT1\1ESSETH 1. PURPOSE - The purpose of this agreement is to construct, maintain, and operate a Central Dispatching Facility by and for the cities of Nederland Groves and Port Neches in order to improve Police Communication in these cities. It being the intent of the parties hereto to comply with the "interlocal Cooperation Act" Chapter 513 and being House Bill Number 646 of the 62nd Legislature of the State of Texas. 2. BOARD OF MANAGERS - The City Manager of each of the above cities shall comprose the Board of Managers with the duty of development, plannin and implementation, and general management. The City Manager of the City of Nederland shall be responsible for the supervision of the facility. �) J Minutes continued - January 17 1972 3. MAINTENANCE AND OPERATING FUND - There shall be established a Maintenance and Operating Fund for the purpose of developing plans and providing a fund for the payment of routine expenses. The initial amount of said fund shall be $5, 000 with each City's share to be as follows: Population Percentage Fund Groves 18,294 39. 0 $ 1, 950.00 Nederland 17, 189 36. 63 1, 831.50 Port Neches 11,438 24.37 1,218.50 46,921 100.00 $ 5,000.00 Any funds remaining may be used in construction development. The initial fund shall be supplemented each month by each City at the rate of $0. 05 per capita as used in this section: Initially to be Groves $914. 70; Nederland $859. 45; Port Neches $571. 90, Total $2, 346. 05 /month. Said amount may be increased or decreased as necessary to provide maintenance and operating funds. Upon effective date of operation the City cf Nederland shall be compensated at a rate of 15% of gross operating expense for supervision and overhead the reafte r. 4. CAPITAL DEVELOPMENT FUNDS - (a) Capital development funds shall be provided by each City based on the percentage as shown in Paragraph 3, with participation by the City of Groves 39. 0 percent, the City of Nederland 36. 63 percent, and the City of Port Neches 24. 37 percent. These percentages are based upon per capita and shall be adjusted thereafter as the population of each city changes and is established by the Board of Managers every two (2) years by the following formula: 1970 Census x present Number of Meters = Population Base Number Water Meters 4 -1 -70 (b) All projects planned shall be approved by each City Council before con- struction or installation can commence, or before a contract may be let. 5. GENERAL USAGE - Usage shall be restricted to the three principle Cities herein named; however, other cities may be granted a permit for use of the facility upon agreement with the Board of Managers. 6. EFFECTIVE DATE AND DURATION OF AGREEMENT - The Effective Date shall be March 1, 1972. This agreement shall be for an indefinite term; how- ever, any one of the Cities herein may withdraw from this Agreement upon the giving of notice in writing to the other Cities twelve (12) months prior to its 56 Minutes continued - January 17, 1972 withdrawal date, and thereafter such City withdrawing shall no longer by bound by any of the provisions herein. EXECUTED in triplicate originals, this 17th day of January, A. D. , 1972. ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas The meeting was adjourned at 6:55 P.M. ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas S/ HOMER E. NAGEL MAYOR HOMER E. NAGEL CITY OF NEDERLAND, TEXAS I-q H. E. Nagel, Mayor City of Nederland, Texas 1 'a'( REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 24, 1972 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve minutes of the previous meeting.as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept rezoning recommendations of the Planning Commission and set public hearing for 6:30 P.M. , February 22, 1972, for property belonging to First Presbyterian Church and Miss Martha Te.rwey. All Voted Aye. Mr. John Allen of 315 3rd Street was present to request relocation of drainage structure along 3rd Street in order to avoid destruction of shrubbery in the area. He was informed that the project would be ' reviewed and that he would be notified of the possibilities. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize a project under Section 4 of the Mid - County Communications Agreement in an amount not to exceed $1, 200.00 for radio relocation, partitioning, furniture, and miscellaneous to be installed in the front office of the City Office Building. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize the attendance and expenses of Civil Defense officials, and any other official who can attend; to the Annual Conference in Austin, February 13, 14 and 15, 1972. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on approval of an agreement with the Board of Directors of the Mid - County Ladies Softball Association until such time as we have further communication with the ladies concerning this. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize an application for revised grant under Public Law 660 and approve recom- mendation of Mr. D. C. Perrell, Engineer, regarding the scope of the Sewer Plant Project, All Voted Aye. The meeting was adjourned at 7:50 P.M. ATTEST: 122L i i 1 4'eJ Alta Fletcher, City Secretary ° Z_ / l 9 oX Homer E. Nagel, Mayor 5h SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NE DERLAI,D 6:30 P. M. January 31, 1972 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to designate Betty Hill as Acting City Secretary during the absences of Alta Fletcher. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt Ordinance No. 270 calling an election April 4th for the purpose of considering certain amendments to the City Charter. All Voted Aye. ORDINANCE NO. 270 AN ORDINANCE CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING ' TO-'--THE DULY QUALIFIED RESIDENT ELECTORS OF THE CITY OF NEDERLAND AMENDMENTS TO THE CHARTER OF SAID CITY: PROVIDING FOR GIVING NOTICE OF SUCH ELECTION: FIXING THE DETAILS RELATING TO SAID ELECTION: AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, it appears to the City Council of the City of Nederland, Texas, that there are certain amendments to the Charter to the City of Nederland that should be submitted to the duly qualified resident electors of said city for a vote thereon; WHEREAS, it has been more than two (2) years since the Charter of said city has been altered in any way, amended or changed; WHEREAS, in view of the foregoing, the City Council is of the opinion that it should proceed with the ordering of the election, as hereinafter provided in this ordinance, and as there will be a regular municipal election held not less than thirty (30) days nor more than ninety (90) days after the passage of this ordinance; this election will be held on the same date as the regular municipal election; Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1: That an election shall be held in the City of Nederland, Texas, on the 4th day of April, 1972, at which election there shall be submitted to the I duly qualified resident electors of said city, for their action thereupon, the following propositions, to -wit: ou Minutes continued - January 31, 1972 PROPOSITION NUMBER 1 SHALL SECTION 3.05 OR ARTICLE 3 OF THE CHARTER OF THE CITY OF NEDERLAND, TEXAS, BE AMENDED SO THAT SAID SECTION 3.05 OF ARTICLE 3 AFTER SUCH AMENDMENT SHALL READ AS FOLLOWS: "Section 3.05 - COMPENSATION: (2) The Mayor shall, upon his demand be paid at the rate of One thousand dollars ($1, 000. 00) per annum as an expense account to cover expenses incurred in connection with the discharge of his duties while within Jefferson County, Texas. Each of the Councilmen shall, upon his demand, be paid at the rate of Six hundred dollars ($600.00) per annum as an expense account to cover expenses incurred in connection with the discharge of his duties while within Jefferson County, Texas. (b) The Mayor or any Councilman shall also be compensated for expenses incurred when outside of Jefferson County, Texas, for the conduct of city business. Claims for reimbursement shall be supported by reasonably detailed statements of expenditures, and approved by the City Council prior to payment. " PROPOSITION NUMBER 2 SHALL SEC II ON 11. 01 OF ARTICLE XI OF THE CHARTER OF THE CITY OF NEDERLAND, TEXAS, BE AMENDED SO THAT SAID SECTION 11.01 OF ARTICLE XI AFTER SUCH AMENDMENT SHALL READ AS FOLLOWS: "Section 11.01 - NOMINATIONS: There shall be a regular city election each year on the First Saturday in April. " Section 2: That :the entire city shall constitute one election precinct, and said election shall be held at the Fire Station at 1404 Boston Avenue within said city, and the following person, to -wit: Fern Shannon, is hereby appointed as Presiding Judge of said election and she shall select one Assistant Judge and three (3) Clerks to assist her in holding same. Section 3: That said election shall be held in accordance with the Constitution and laws of the State of Texas, and only duly qualified resident electors of the City 6f the City of Nederland, Texas, shall be qualified to vote. Section 4: The voting at such election, shall be upon voting machines. The manner of indicating upon the voting machines and upon the ballots thereon the propositions here ordered to be submitted, and the provision for the registration by the electors upon such machines of the fact of their being in favor of or not being in favor of each of such propositions hereinabove set forth, shall be substantially as follows: . The ballot used at such election shall set forth the amendments to be voted upon, as contained in the propositions hereinabove set forth, which propositions shall also be set forth on such ballot. Such ballot shall be displayed by so affixing it to each machine that it shall be within clear view of the elector. Opposite such proposition on such ballot, or immediately underneath same as may appear most convenient in setting up the voting machines and the ballots thereon, and in any event immediately opposite respective corresponding voting levers, there shall appear the bU Minutes continued - January 31, 1972 word "Yes" and the word "No, " for each proposition, so that such proposition may be voted upon separately. An elector desiring to vote as being in favor of any of said Charter Amendments shall depress or turn down the lever so that an "X" appears opposite the work "Yes, " with respect to such proposition, and an elector desiring to vote as not being in favor of any of said Charter Amendments shall depress or turn down the lever so that an "X" appears opposite the work "No, " with respect to such proposition. Provided further that all absentee voting shall be as set out above and shall be conducted as provided by law, but shall be conducted at the office of the City Secretary at the Municipal Building in Nederland, Texas. The same form of ballot as above described shall be used in such absentee voting, except below each proposition shall be printed the work "yes" and "No" and each voter desiring to vote in favor of any amendment shall scratch or mark out "no, " thus leaving "Yes" as indicating his vote on such amendment. Each voter desiring to vote against any amendment, shall scratch or mark out "Yes, " thus leaving "No" as indicating this vote on such amendment, in accordance with said Election Code, as amended. Section 5: That the City Secretary shall cause this Ordinance or a substantial copy thereof be published in the Mid - County Chronical Review on the same day in each of two successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. It is hereby found and declared that the said Mid - County Chronical Review is a newspaper which is p published in and is of general circulation in the said City of Nederland. Section 6: That this Ordinance shall constitute an election order for such election and the same or a substantial copy thereof shall also constitute the notice of such election. That this Ordinance shall take effect and be in full force and effect from and after its adoption, and it is so ordered. PASSED AND APPROVED, this the 31st day of January, 1972. S/ HOMER E. NAGEL Homer E. Nagel, Mayor ATTEST: ALTA FLETCHER (Mrs.) Alta Fletcher, City Secretary City of Nederland, Texas APPROVED: S/ W. E. SANDERSON City Attorney 1 Minutes continued - January 31, 1972 IThe meeting was adjourned at 7:05 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 t- 1 Homer E. Nagel, Mayor City of Nederland, Texas bZ SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 3, 1972 The meeting was called to order at 9:00 P.M. by Mayor H. E. Nagel following a lengthy work session meeting beginning at 6:30 P.M. with members of the Port Neches City Council. Members present were Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nagel and seconded by Mr. Nugent that the City Attorney and City Manager be authorized to secure all information available on rate increase and present to City Council at regular meeting February 7, so that the Council may take action on proposal . All Voted Aye. The meeting was adjourned at 9:02 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 14-- � 'P/1 Homer E. Nagel, ayor City of Nederland, Texas ' 1 6;i REGULAR MEETING OF THE CITY COUNCIL OF THE _ CITY OF NEDERLAND February 7, 1972 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the two previous meetings as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the Summer Recreation Program in cooperation with Nederland Independent School District as recommended by Mr. L. J. Broussard, School Representative and Mr. James Byers, City Representative. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 107 authorizing "Stop :" signs at several locations as recommendedby Chief Neal. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 ' AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1. 00) TO TWO HUNDRED DOLLARS ($200. 00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including required Stop Signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION - 1 - STOP SIGNS Stop Signs shall be erected on the following streets at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP Chicago Avenue at Gage Avenue STOP Chicago Avenue at 1st Street STOP Chicago Avenue at 2nd Street STOP Atlanta Avenue at 1st Street STOP 1st Street at Nederland Avenue STOP South 13th Street at Avenue A 64 Minutes continued - February 7, 1972 SECTION 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1. 00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. SECTION 3 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 7th day of February, A. D. , 1972. S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary ' City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize use of old city hall council room by Mr. Only Greer's license plate office during the month of March, 1972. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize low flight of aircraft of Jefferson County Mosquito Control District over certain areas as outlined. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve the rate request submitted by Gulf States Utility Company and recommended by Haskins and Sells, Auditing Firm, hired by the cities, contingent upon Gulf States submitting a letter stating that rates will not be put into effect until ' such rate increases are instituted for a majority of Gulf States' customers in Texas. Messrs. Clotiaux, Lee, Nagel and Gillespie voted Aye. Mr. Nugent Voted No. 60 Minutes continued - February 7, 1972 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the rate request submitted by Southern Union Gas Company as recommended by our consulting firm effective when the other cities in this district approve the increase. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve continuation of budgeted salaries for Nederland Firemen in consideration of other assigned duties effective March 1972. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve payment of bills for the month of January in the amount of $4, 142. 74 by General Fund Checks No. 1613 -1652 and $12, 816. 21 by Water Fund Checks No. 8201 -8237, a total of $16, 958. 95; the monthly estimate to Bella Company from 1966 S & D Fund in the amount of $2, 376. 00 for work on Boston Avenue Job No. 814 -P5 -E; and, to Chas. R. Haile Associates, $351. 81. All Voted Aye. The meeting was adjourned at 8:20 P.M. IATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 H. E. Nagel, Mayor City of Nederland, Texas bb REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 22, 1972 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Olin Clotiaux and Mr. Sam Gillespie were absent. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve minutes of the previous meeting as written. All Voted Aye. A Public Hearing was conducted to hear any protests that may arise out of the consideration of rezoning from Residential to Semi - Residential and Parking two tracts of land, a 3. 68 acre tract in the 3000 Block of Helena Avenue and a 12 acre tract located 1100 -1500 South 16th Street. Mr. Sam Levy was present to question the rezoning and to voice his protest in the Helena Avenue rezoning. A motion was made by Mr. Lee and seconded by Mr. Nagel to adopt the following Amendment to Ordinance No. 146. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN I ZONING DESIGNATIONS AND PROVIDING AN EFFECTIVE DATE. SECTION 2 GENERAL: There shall be a change from Residential to Semi - Residential and Parking District of a tract of land located in the 3000 Block of Helena more particularly described as follows: BEGINNING at the East corner of a 3. 68 AC tract of land being a portion of Lot Number 7, Block Number 16, Range "I ", PORT ARTHUR LAND COMPANY, as the same appears upon the Map or Plat thereof, on file and of record in the office of the County Clerk of Jefferson County, Texas, at Beaumont, said corner being located in the center of 30th Street. THENCE in a Northwesterly direction with the Northeast boundary line of said property 457 L. F. , more or less, to a point in South margin of Helena Avenue, said point being the North corner of the above mentioned property; THENCE in a Southwesterly direction with the South margin of Helena Avenue 350 L. F. , more or less, to a point in same; 64 Minutes continued - February 22, 1972 THENCE in a Southeasterly direction parallel to the Northeast boundary line 457 L. F. , more or less, to a point, said point being located in the North line of Block 5, Youmans Addition, to the City of Nederland; THENCE in a Northeasterly direction with the North line of Block 5, Youmans Addition, 350 L. F. , more or less, to the place of beginning. EXCEPT leave a 50 L. F. strip running 350 L. F. , more or less, on the Southeast boundary of said property adjacent to Block 5, Youmans Addition. S7C'TT(IT1J 17 WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication as required by law. PASSED, ADOPTED AND APPROVED this 22nd day of February, A. D., 1972 S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on an Amendment to Ordinance No. 146 which would rezone the 1100 -1500 Blocks of South 16th Street until the next regular meeting and to request the Planning Com- mission to meet with the Council on March 14. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt Ordinance No. 271 as read and to approve a letter to Gulf States Utilities Company concerning the Price Commission requests. Messrs. Nagel and Lee Voted Aye. Mr. Nugent voted No. ' ORDINANCE NO. Z71 ENTITLED AN ORDINANCE AUTHORIZING GULF STATES UTILITIES COMPANY TO PLACE IN EFFECT, AS TO ELECTRIC SERVICE BILLED CUSTOMERS BY 6hMinutes continued - February 22, 1972 SUCH- COMPAN" ON AND AFTER MARCH 1, 1972, AN INCREASE IN CHARGES FOR ELECTRIC SERVICE UNDER ALL RATE SCHEDULES ON FILE WITH THE CITY OF NEDERLAND, WHICH INCREASE IS INCLUDED IN AND MADE A PAR OF A PETITION BEFORE THE CITY OF NEDERLAND IN RE: APPLICATION OF GULF STATES UTILITIES COMPANY FOR APPROVAL OF AN INCREASE IN ELECTRIC RATES AND CHARGES ON FILE WITH THE CITY OF NEDERLAND. WHEREAS, Gulf States Utilities Company on June 29, 1971, has requested authority to place into effect an increase in electric rates and charges on file with the city; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS Section 1 That Gulf States Utilities Company is hereby authorized to increase the charges for electric service billed customers on and after March 1, 1972, under all rate schedules now on file with the City of Nederland, as proposed in its Petition to the City of Nederland in re: Application of Gulf States Utilities Company for approval of an increase in electric rates and charges on file with the City of Nederland. Section 2 That nothing in this ordinance contained shall be construed in any r manner nor or hereafter limiting or modifying the right and power of the City Council under the law to regulate the rates charged by Gulf States Utilities Company for its services within the City of Nederland, Texas. PASSED by the City Council this the 22nd day of February, A. D. , 1972. S/ H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: SJ ALTA FLETCHER City Secretary THE STATE OF TEXAS COUNTY OF JEFFERSON X I, Alta Fletcher, City Secretary of the City of Nederland, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance ' passed by the City Council of the City of Nederland, Texas, on the 22nd day of February, 1972, the original of which is filed in the office of the City Secretary of the City of Nederland, Texas. 00 Minutes continued - February 22, 1972 GIVEN UNDER BY HAND and seal of the City of Nederland, Texas, this the 22nd day of February, A.D. , 1972. S/ ALTA FLETCHER City Secretary, City of Nederand, Texas SEAL A motion was made by Mr. Nugent and seconded by Mr. Nagel to adopt Ordinance No. 272 authorizing a new schedule of rates for services provided by Southern Union Gas Company, and to approve a letter pertaining to impact on inflation to price board. All Voted Aye. ORDINANCE NO. 272 AN ORDINANCE FIXING AND REGULATING THE MAXIMUM RATES TO BE CHARGED FOR RESIDENTIAL AND COMMERCIAL SERVICE OF NATURAL GAS TO CUSTOMERS IN THE CITY OF NEDERLAND AND REPEALING CON- FLICTING ORDINANCES. WHEREAS, since the filing of Southern Union Gas Company's application for a gas rate adjustment, the Company has furnished to the City of Nederland certain relevant information and figures; and ' WHEREAS, the City Council of the City of Nederland has held a public hearing on such application and, being advised after hearing, study and consideration, has accepted and desires to establish hereby the maximum rates for residential and commercial natural gas service in the City of Nederland. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Southern Union Gas Company is hereby authorized to place in effect, on its first billing date immediately following the effectiveness of this Ordinance, the following schedule of rates for residential and commercial service, to wit: RATE Per 1,000 cu. ft. Net Gross First 1 Mcf per Monthly Billing Period @ $ 2.026 $ 2. 127 Next 3 If " " it @ 1.164 1.222 Next 11 if it if " " @ 1.130 1.187 Next 10 " if if " " @ .992 1.042 Next 25 " " if if " @ .808 .848 Next 100 " " " " " @ .636 .668 Excess over 150" " " " " @ .529 555 Minimum Bill - $1.90 Net or $1. 95 Gross per monthly billing period. '(U Minutes continued - February 22, 1972 Prompt Payment Provision. Bills are due and payable within ten (10) days after the date thereof at the office provided by the Company. If paid within ten (10) calendar days after the date thereof, the net rate shall apply; otherwise, the gross rate shall apply. Adjustments for Changes in Cost of Gas. The rates stated above are predicated on a weighted average cost of gas to the Company at 34. 14� per thousand cubic feet computed at a pressure base of 14. 65 pounds per square inch absolute and based on the Company's purchases of gas during the 12 -month period ending October 31, 1971, which initially is payable under the previsions of the Company's gas supply agreement dated December 17, 1971, with its wholesale supplier, Pennzoil Pipeline Company, for gas purchased by the Company for distribution in Jefferson County, Texas. Whenever, be- cause of the price adjustment provisions of said Gas Supply Agreement, the weighted average cost to the Company of such purchased gas is more or less than 34. 14� per thousand cubic feet, then the rates stated above shall be increased or decreased, as the case may be, with appropriate correctionfor differences in pressure base, by (a) the amount of the difference between the weighted average cost per thousand cubic feet of gas payable at the time by the Company under the provisions of said Gas Supply Agreement and 34. 14� per thousand cubic feet, plus (b) the applicable proportionate part of any change which occurs, as a result of such increase or decrease of the rates stated above, in any taxes or other governmental impositions or charges levied on the basis of the price of or the Company's gross revenues from the gas service rendered. The new rates resulting from any such adjustment shall be computed to the , nearest tenth of one cent per thousand cubic feet. Any such adjustment of the rates stated above shall be applied to all bills rendered more than 30 days after the effective date of the change in the Company's weighted average cost of gas and shall be computed on the basis of the Company's purchases of gas during a period of twelve consecutive months ending not more than three months prior to the date on which the change in the weighted average cost of gas occurs; provided, however, that no such adjustment shall be applied to any bill unless the Company shall previously have filed with the City Secretary a sworn statement setting forth the change in the Company's weighted average cost of gas, the change in the rate stated above resulting therefrom, and the calculations by means of which such change in the rate stated above has been computed. Special Terms and Conditions of Service. The use of the above rates is subject to the Company's standard Rules and Regulations insofar as the same are applicable and are not specifically modified herein. Section 2. In the event any increase in wholesale price made effective by the Company's wholesale supplier on or after January 1, 1970, is subsequently disallowed by final order of any federal or state regulatory authority or court ' having jurisdiction in the premises, in whole or in part, the Company, promptly after receipt of any refund from the Company's wholesale supplier incident to such disallowance, shall in turn refund to its customers served hereunder the ii Minutes continued - February 22, 1972 portion of said refund (including any interest constituting a part thereof, but without addition to any further interest) to which such customers, taken as a group, may be entitled on the bases of their purchases of gas hereunder during the period or periods of time when the wholly or partially disallowed price increase of the Company's wholesale supplier was effective. Such refund to the Company's customers served hereunder shall be made by applying an appropriate credit to the amount of all gas bills issued for service rendered during a period of 12 consecutive months commencing not more than 60 days after receipt of the refund from the Company's wholesale supplier. Section 3. All ordinances or parts of ordinances and amendments which are in conflict herewith are to the extent of such conflicts only expressly repealed. Section 4. The rates provided herein are authorized as maximum rates and may be applied as to deliveries and service of natural gas for residential and commercial service during all the monthly billing periods of the supplier commencing after the effective date of this Ordinance. Section 5. The meters of customers shall be read regularly at intervals of approximately one (1) month, and the term "month" means a period of approxi- mately thirty (30) days intervening between two consecutive meter reading dates; provided, if service is voluntarily discontinued by the consumer or is discontinued for non payment of bills between neter reading dates, then the term "month" shall mean the period between the last meter reading date in regular course of business and the date of such discontinuance. Section 6. That nothing in this Ordinance shall be construed in any way or manner, now or hereafter, to limit or modify the right or power of the City Council under the laws of the State of Texas to regulate the rates charged by Southern Union Gas Company, its successors or assigns, for service within the City of Nederland, Texas. READ, ADOPT AND APPROVED by the City Council acting by and through a majority of its members, at a regular meeting of the City Council of the City of Nederland, held in the City Office Building in the City of Nederland, Texas, on the 22nd day of February, 1972. ATTEST: S/ ALTA FLETCHER City Secretary 1 S/ H. E. NAGEL Mayor It 2 minutes continued - February 22, 1972 A motion was made by Mr. Nugent and seconded by Mr. Nagel to table action on the Southwestern Bell Telephone Company franchise and rate schedule as made effective February 1, 1972, until such time as the result of the Port Neches Injunction Hearing is known. All Voted Aye. The meeting was adjourned at 8:05 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas /-/ '-r O 1a"4! Mayor H. agel City of Nederland, Texas t 1 10 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 13, 1972 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to appoint Mr. Robert Sawyer to complete the unexpired term of Ward I Councilman Olin Clotiaux, deceased, in accordance with City Charter. All Voted Aye. The "Oath of Office" was administered to Mr. Robert Sawyer by Betty Hill, Acting City Secretary. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the continuation ' of a Public Hearing for rezoning from residential to "semi- residential and parking district" of the following tract: Terwey property between S 16th Street and the Drainage District No. 7 Ditch beginning at a point 150' north of Highway 365 and extending along S 16th Street to Drainage District No. 7 Ditch, also being further described as part of Lots 3, 4, and 6, Block 14, Range G, Palco, Twelve (12) acres more or less. Accept Document assuring a private road opening from proposed apartment project to F.M. 365 of minimum 20' width and standard in accordance with Ordinance No. 121, for Clann 1 street. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table the action on city participation in a street improvement along 13th Street from alley to Chicago as shown on the attached plans and estimates with Mr. Jim Newberry representing property owners. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint Mr. John T. Lewis, Mr. Leo D. Tucker and Mr. Melvin R. Spittler to the 1972 Equalization Board and to designate Mr. Tucker as Chairman of the Board. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize a street improvement by removal of curb and gutter at location of 10th Street intersection with Nederland Avenue and authorize advertisement of bids to be received at 6:30 P.M., April 10, 1972, for installation of traffic signals at two (2) locations: 1. Corner of 10th Street and Nederland Avenue; 2. Corner of 3rd Street and Nederland Avenue; All Voted Aye. 14 Minutes continued - March 13, 1972 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the Resolution commending Mrs. Ruth Crane for her many years of service to the community and particularly as City Hall Reporter for the Port Arthur News during the last nine years. All Voted Aye. R E S O L U T I O N WHEREAS, the Nederland City Council desires to pay tribute to Mrs. Ruth Crane; and, WHEREAS, Mrs. Crane has contributed much time and unselfish effort in behalf of many Community accomplishments to establish a greater Nederland; and, WHEREAS, she has always cooperated with efforts of the City Council and City Officials in informing the public on municipal issues and undertakings in behalf of a better community; and, WHEREAS, she has been our Port Arthur News City Hall Reporter for the past nine (9) years and always sincere, honest and accurate in such endeavors: NOW, THEREFORE, Be It Resolved, that the City Council of the City of Nederland, as an expression of thanks on behalf of the citizens of said City, commends and congratulates Mrs. Ruth Crane, for her interest and for her loyal and outstanding service to the City of Nederland. PASSED AND APPROVED, by the City Council of the City of Nederland, Texas, at a Regular Meeting held the 13th Day of March, A. D. , 1972. , S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Lee to reject the city's participation of constructing a drainage ditch along Midway shopping center property to Mr. C. M. Anderson's property from West Atlanta Drive. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of the bills for the month of February 1972, in the amount of $16, 673. 28 by General Fund Checks No. 1692 -1740 and $10, 039. 37 by Water Fund checks No. 8246 -8274, a total of $26, 712. 65. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to pay monthly estimate to Bella Company from 1966 S & D Fund in the amount of $21, 415.00 for work on ' Boston Avenue Job No. 814 -P5 -E; and to Charles R. Haile Associates for $1, 899. 17. Charles R. Haile Associates, Inc, for miscellaneous jobs, $103.00, $424.47, and $155.50. All Voted Aye. Minutes continued - March 13, 1972 Mr. Rothrock appeared before the City Council with certain questions concerning the Storm Sewer along Boston Avenue - 3rd to 9th Street. No action was taken on this matter. The meeting was adjourned at 8:45 P.M. ATTEST: �" tv - - 4). 1 A MA e Betty Hills' Acting City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 76 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 27, 1972 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. Robert Sawyer and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to table the continuation of Public Hearing and authorization of rezoning by an Amendment to Ordinance 146, attached, changing from residential to "semi- residential and parking" of a portion of the M. Terwey Tract, corner of South 16th Street and FM 365. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to table action on participation with property owners for certain street improvements, 300 Block of 13th Street in accordance with plans and estimates, Mr. Jim Newberry represent- ing property owners, upon deposit of $2, 223. 82 by property owners within six (6) months from this date. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept ' Songwood Addition, Section I, improvements and acceptance of $390. 74 pay- ment from Developer for street lights and street markers in said addition. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the amendment to Ordinance No. 107 authorizing "Stop" signs at several locations as recommended by Chief Neal. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1. 00) TO TWO HUNDRED DOLLARS ($200. 00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including required Stop Signs and Parking Rules: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY I OF NEDERLAND, TEXAS: (( Minutes continued - March 27, 1972 Section 1 - STOP SIGNS Stop signs shall be errected on the following streets at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP South 2 1/2 Street at Avenue E STOP South 3rd Street at Avenue H STOP Avenue E at South 3rd Street STOP Avenue F at South 3rd Street STOP Avenue D at South 27th Street Section 2 - NO PARKING Parking shall be prohibited along the North side of Avenue H in the 3300 Block through 3404 Avenue H, this being 417. 5 feet in a southerly direction from South 33rd Street. Section 3 - Penalty Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1. 00 nor more than $200.00 ' and the violation of each separate provision thereof shall be considered a separate offense. Section 4 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 27th day of March, A. D. , 1972. S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas ' APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 7s Minutes continued - March 27, 1972 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the street maintenance over lay program and authorize receiving bids 6:30 P.M. , April 10, 1972, for materials and for labor and equipment. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to appoint City Councilmen Sam Gillespie and Robert Sawyer to assist Mayor and City Secretary in canvassing absentee balloting for April 4th election. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept Service Center Ball Park lighting and payment to Cardinal Electric Company contractor in the amount of $2, 496. 00 for work. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the letter to the Federal Wage and Price Board pertaining to a telephone company rate increase made effective February 1, 1972. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the Babe Ruth League lighting - Park Drive - utilities not to exceed $600.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize receipt of annual bids on supplies, 6:30 P.M. , April 24, 1972. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on extension of Kent Avenue from 14th Street to G. S. U. right -of -way in ac- cordance with city policy for dedicated streets prior to Ordinance No. 121, with Mr. Percy Taylor. The meeting was adjourned at 8:10 P.M. ATTEST: Betty 1, Acting City Secretary City of Nederland, Texas Homer E. Nagel, M yor City of Nederland, Texas I 1 1 !y REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6 ;30 P. M. April 7, 1972 The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of March 27, 1972, as written. All Voted Aye. The returns of the April 4, 1972, General Election were read by Mrs. Fern Shannon, Election Judge. Out of 1,002 votes cast, said respective candidates and propositions received the following number of votes: NAME OF CANDIDATE OFFICE VOTES Thomas E. Lee, Jr. Mayor 688 Kenneth C. Mitchell Councilman of Ward Two 404 Carl Croppo LeBlanc Councilman of Ward Two 500 Milton Wayne Patton Councilman of Ward Two 85 R. A. Dick Nugent Councilman of Ward Four 608 PROPOSITIONS YES NO Number 1 453 335 Number 2 631 158 A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept the returns of the election as presented and to approve payment of the Election Officials in the amount of $140.00. All Voted Aye. The Oath of Office was administered by the City Secretary to the Mayor, Mr. Thomas E. Lee, Jr.; to the Councilman of Ward Two, Mr. Carl Croppo LeBlanc; and to the Councilman of Ward Four, Mr. R. A. Dick Nugent. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 164 scheduling regular meeting nights through September. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 10, 1972, THROUGH SEPTEMBER 26, 1972. 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 nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P. M. on each of the following dates: so Minutes Continued - April 6, 1972 April 10th and 24th May 9th and 23rd June 13th and 27th July 11th and 25th August 8th and 22nd September 12th and 26th PASSED AND APPROVED by the City Council at a regular meeting, this the 6th day of April, 1972. S/ T. E. LEE JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S/ ALTA FLLTCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas The meeting was adjourned at 6:50 P. M. ATTEST Alta Fletcher, City Secretary City of Nederland, Texas T. .. Lee, Jr., 111 y City of Nederland, Texas 1 f 1 zi l REGULAR MEETING OF THE CITY COUNCIL OF THE -CITY OF NEDERLAND 6 :30 p.m. April 10, 1972 The meeting was called to order at 6 :30 p.m. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting of April 7, 1972, as written. All Voted Aye. One bid was received for furnishing labor and equipment to install two (2) traffic signals along Nederland Avenue at 3rd Street and at 10th Street. The bid was from Signal Engineering Company in the araount of $2,019,50, A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the bid to the City Manager for tabulation and recommendation. All Voted Aye. Bids were received for labor-, equipment and materials to provide 1" depth, asphaltic overlay on approximately 8 miles of streets. Bids were received from Gatlin Asphalt Co., Trotti and Thomason, and Barnette Construction Co. as per tabulation of bids on file. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to refer the above described bids to the City Manager and his staff for study and recommendation. All Voted Aye. ' A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize rental of the old city hall for one (1) year, beginning May 1, 1972, at $15.00 per month for utilities to the Texas Employment Commission; renewal of rental for one (1) year, beginning May 1, 1972, on the south front office in the old city hall to the Humane Society for $15.00 per month for utility participation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve plans sub- mitted by Chas. R. Haile Associates, Inc, for construction of sewerage treatment plant improvements, to authorize advertisement of bids to be received 6:30 p.m., May 23, 1972, and to authorize Mayor T. E. Lee, Jr., by Resolution, to execute appli- cation documents as required by Federal Grant under Public Law 660. AUTHORIZING RESOLUTION WPC -TEX -630 WHEREAS, it is contemplated that the City of Nederland, Texas, will construct certain sewage transmission and treatment facilities with an estimated total cost of $759,000; and WHEREAS, it is found that the City of Nederland, Texas, is unable to provide the total cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY CF NEDERLAND, ' TEXAS that T. E. Lee, Jr., Mayor of the City of Nederland be and is hereby authorized and directed to make application and sign the necessary documents required to complete the project on behalf of the City of Nederland, for a federal grant under Public Law 660, as amended, to be applied to the cost of the construction of said sewage facilities. The City of Nederland hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the approved project. Adopted this 10th day of April, 1972. 82 S /T, E. LEE, JR. Mayor, City of Nederland ATTEST: , S /ALTA FLETCHER City Secretary, City of Nederland A motion was made by Mr. Nugent and seconded by Mr. Gillespie to amend the previous motion pertaining to traffic signals and to accept the bid from Signal Engineering Company in the amount of $2,019.50 as recommended by the City Manager. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize monthly estimate payments to Chas. R. Haile, Engineers, $1,417.56; and, to Bella Co., $13,280.00 for progress on the Boston Avenue, 3rd Street to 9th Street drainage project from the 1966 S&D Improvement Fund; and, to approve change orders on Boston Avenue contract with Bella Co., totaling $1,794.40, included in estimate. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by I•.r. Sawyer to approve participation by the city as per policies and proposal read for water and sewer (labor and equipment) and street improvements ($2,136.70) along Kent Avenue from 14th Street to Gulf States Utilities right -of -way, contingent upon receipt of affidavit from H. B. hurray that this road was opened for public use prior to 1956 and construction being under way within six months. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to appoint Mr. R. A. ,. Nugent as Mayor Pro tempore for the ensuing year. All Voted Aye. ' A motion was made by Mr. Nugent and seconded by Mr. Gillespie to pay bills for the month of March, 1972, in the amount of $7,660.51 by General Fund Checks No. 1791 -1834 and $10,125.12 by Water Fund Checks No. 8286 -8313, a total of $17,785.63. All Voted Aye. The meeting was adjourned at 8 :30 p.m. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas T. E. Lee, Jr., Ma or City of Nederland, Texas 1 Municipal Pipe Co. Jones Supply Co. Mabry Foundry The Rohan Co. Southwest Meter Supply Western Pipe d Supply J. & M. Industrial Gulf Supply Ford Meter Box Holiifield Water Works Neptune Meter Co. Carlon Meter Sales Rockwell Mfg. Co. Badger Meter Co. Southwest Meter Gamon Calmet Hershey Sparling TIRES White Tire Supply Transit Mix Concrete Centex Materials Riggle- Pittman ra.VrQ!URd.fiR32uj Ritter Lbr. Co. Nicholson Bldg. Co. CHEMICALS Dixie Chemical Company Thompson - Hayward Reagent Chemical Jones Chemicals McKesson Chemical Van Waters d Rogers Eagle Products Co. Stauffer Chemical SEC Corporation American Cyanamid Safety Lights Vulcan Signs VePed Traffic ABC Mfg. Specialty Sign Mfg. Lowen Company Sargent- Sowell Grimco, Inc. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to refer the bids to the City Manager and his staff for tabulation and recommendation at a later date. All Voted Aye. Bids were received and opened for police radio equipment as recommended by Criminal Justice Council as follows: Motorola, $8,437.00; RCA, $8,686.00; and General Electric, $10,280.00. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to table action on the police radio equipment bids to allow further study and recommendation by the Criminal Justice Council. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to table action authorizing preparation of an annexation ordinance for a sixty foot wide strip along Avenue "H" from the K.C.S. Railroad R.O.W. North of the North boundary of Highland Park Addition to allow further study and recommendation by both the Nederland and Port Neches City Managers. All Voted Aye. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 24, 1972 The meeting was called to order at 6:30 p.m. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting of April 10, 1972. All Voted Aye. Sealed bids were received and opened for purchase of annual supplies as follows: WATERWORKS SUPPLIES READY -MIX CONCRETE STREET SIGNS Municipal Pipe Co. Jones Supply Co. Mabry Foundry The Rohan Co. Southwest Meter Supply Western Pipe d Supply J. & M. Industrial Gulf Supply Ford Meter Box Holiifield Water Works Neptune Meter Co. Carlon Meter Sales Rockwell Mfg. Co. Badger Meter Co. Southwest Meter Gamon Calmet Hershey Sparling TIRES White Tire Supply Transit Mix Concrete Centex Materials Riggle- Pittman ra.VrQ!URd.fiR32uj Ritter Lbr. Co. Nicholson Bldg. Co. CHEMICALS Dixie Chemical Company Thompson - Hayward Reagent Chemical Jones Chemicals McKesson Chemical Van Waters d Rogers Eagle Products Co. Stauffer Chemical SEC Corporation American Cyanamid Safety Lights Vulcan Signs VePed Traffic ABC Mfg. Specialty Sign Mfg. Lowen Company Sargent- Sowell Grimco, Inc. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to refer the bids to the City Manager and his staff for tabulation and recommendation at a later date. All Voted Aye. Bids were received and opened for police radio equipment as recommended by Criminal Justice Council as follows: Motorola, $8,437.00; RCA, $8,686.00; and General Electric, $10,280.00. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to table action on the police radio equipment bids to allow further study and recommendation by the Criminal Justice Council. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to table action authorizing preparation of an annexation ordinance for a sixty foot wide strip along Avenue "H" from the K.C.S. Railroad R.O.W. North of the North boundary of Highland Park Addition to allow further study and recommendation by both the Nederland and Port Neches City Managers. All Voted Aye. N4 Mr. Ray Abney presented a proposal by the Nederland City Council of Parent - Teachers' Association requesting annexation of property of Nederland Independent School District on which Nederland High School is located. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to make a study of the annex- ation and to encourage the Parent - Teachers' Association and the school officials to to assist in various ways of preparing the general area for annexation. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve final acceptance of Weschester No. 2 Addition as recommended by the Planning Commission and to authorize advertisement for bids for water and sanitary sewer facilities in accordance with agreement dated February 259 1957, to be received 6 :30 p.m., May 239 1972, all contingent upon Drainage District No. 7 approval. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept the bid from Keown Supply in the amount of $6.50 ton for material for street "overlay" job. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve final acceptance and final payment to Bella Company for the Boston Avenue, 3rd Street to 9th Street Drainage Project, in the amount of $4,121.80. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent authorizing an Employee Appreciation Dinner and Service Pin presentation for May 30th at the Schooner Restaurant. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent authorizing sponsoring of Sabine - Neches Waterworks meeting October 12th from sale of scrap metals. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize installation I of one (1) 3,000 Lumen Mercury Vapor Street Light on the corner of 15th Street and Atlanta Avenue as recommended by Mr. C. Q. Norton. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc authorizing the announcement of an overall city clean -up program during the month of May and of a new slogan, "City of Nederland - We Like to Help People." All Voted Aye. The meeting was adjourned at 8 :45 p.m. T. E. Lee, Jr., M yor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 9, 1972 The meeting was called to order at 6:30 p.m. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to award bids for annual supplies as follows: PROPOSAL I Municipal Pipe Co. - Unit prices each as bid $12,292.70 PROPOSAL II a. Jones Chemicals - 60,000 lbs, liquid chlorine $93.00 per ton 2,790.00 b. American Cynamid - 200 net tons liquid alum @ $50.70 10,140.00 c. Reagent Chemical - 60,000 gal. liquid caustic $4.19 /cwt 7,215.18 d. Van Wate ;s /Rogers - 11,000 lbs. Hydrofluosilicic Acid $ .087/lb. 957.00 PROPOSAL III White Tire Supply - Unit prices each as bid no total PROPOSAL IV Ritter Lumber Co. - Unit prices each, as bid no total PROPOSAL V Transit -Mix - 500 cy (5 sacks per cubic yard) ready $19.70 /cy 9,850.00 PROPOSAL VI Speciality Sign Co. - 270 street signs at unit prices 1,012.80 All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award bid to Barnette Construction Co. in accordance with low bid submitted for labor and equipment on street "overlay" job. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize a poll of the citizens residing in the area being considered for annexation in the Nederland High School vicinity in an effort to determine their wishes concerning annexation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to appoint Mr. C. N. �) 5 86 Minutes continued ^ May 9, 1972 LeBlanc and Mr. Dick Nugent as member and alternate to the Nederland 75t° Anniver- sary Diamond Jubilee Committee.. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint Mayor T. E. ' Lee, Jr, and his alternate Mr. R. D. Sawyer and Mr. C. N. LeBlanc and his alter- nate Mr. E. T. Gillespie to the Executive Committee of the Southeast Texas Regional Planning Committee. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to award quotation. for sale of scrap materials to Diamond Iron for $15.00 per gross ton. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to amend the maximum per person employee expense policy to allow room rate, $25.00 per day; meals, $10.00 per day; tips and parking, $5.00 per day, as originally set March 8, 1965, and to increase car allowances 407, except mileage outside of Jefferson County which is to remain at $ .15 per mile. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve permitting the U. S. Army Recruiter, Sgt. Robert H. Howell, to establish a temporary office in Room 7, Old City Hall and monthly payments for utility participation by $2.00 each for the Texas Employment Commission, Humane Society, and the Army Recruiter. All Voted Aye. Mr. R. J. Ducote of 2921 Avenue H was present to request further consideration of a drainage problem in his neighborhood. No official action was taken. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the follow- ' ing Amendment to Ordinance No. 107. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS OR- DINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including Parking Rules: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - NO PARKING Parking shall be prohibited on the West side of South 33rd Street from Hardy Avenue to Avenue G. Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to , comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Minutes continued - May 9, 1972 Section 3 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this 9tn day of May, A.D., 1972. S/TOM E. LEE, JR. Tom E. Lee, Jr. Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary APPROVED AS TO FORM: ' W. E. SANDERSON W. E. Sanderson, City Attornery City of Nederland, Texas t. %) A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve payment of bills for the month of April in the amount of $8,367.56 by General Fund Checks No. 1876 -1922 and $10,247.41 by Water Fund Checks No. 8327 -8358, a total of $18,614.97. All Voted Aye. The meeting was adjourned at 8 :40 p.m. T. E. Lee, Jr. MayorV City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas l l REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 23, 1972 ' The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were R. D. Sawyer, C. N. LeBlanc, T. E. Lee, Jr., R. A. Nugent, and Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the minutes of the previous meeting as written. Sealed bids were received and opened from Mar -Len, Inc., Port City Construction Co., John Morrison Construction Co., Bella Co., H. W. McCurley, and Excavators for water and sanitary sewer system in Weschester Addition, Unit 2. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to have the City Treasurer check tabulation for award of bid at a later period of the meeting. All Voted Aye. Sealed bids were received and opened for two new 1,000,000 gallon per day waste water treatment units from the following bidders: Mar -Len, Inc., Bella Co., Joe C. Norman Equipment Co., Sabine Consolidated, Union Engineering d Cons. Co., George C. Cox, E.B.L., Inc., Labrador Construction Corp., Gulf Coast Industrial. Port City Construction Co., Trotti & Thompson, Inc., Delta Industrial Co., General ' Construction Co. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the bids to the City Manager and his staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc that we award the water and sanitary sewer system, Weschester -Unit Two work to H. W. McCurley, low bidder. Total estimated by unit prices of $9,012.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the Resolu- tion concerning certain guarantees to the Environmental Protection Agency about design for the waste water treatment plant. All Voted Aye. A RESOLUTION BE IT HEREBY RESOLVED by the City of Nederland acting by and through its Mayor and City Council during a regularly convened meeting and authorizing the Mayor to sign this document on behalf of the City of Nederland. does hereby ad- vise the Texas Water Quality Board, Austin, Texas, as follows: I. That the City Council of the City of Nederland will undertake to increase , the drying bed area at the Waste Water Treatment Plant from 25,300 square feet to some larger size and to construct what is determined to be needed by our Engineer "y kj Minutes continued - May 239 1972 and the Texas Water Quality Board at some future time whenever funds become avail- able; either remaining from the present financing program, or from a long term capital improvement program as approved by the qualified voters of the City of Nederland, or from some other source; II. That the City Council of the City of Nederland will cause the chlorine contact chamber to be increased in size in accordance with the letter dated May 4, 1972, from Mr. Nicholas W. Classen to David C. Perrell, contingent upon funds being available from same source as listed in Item #1, above. BE IT ALSO RESOLVED that a copy of this Resolution be transmitted to the Texas Water Quality Board in order to meet the requirements of the same as stipulated by said letter of May 4, 1972. PASSED AND APPROVED by the City Council of the City of Nederland during a legally convened meeting, this the 23rd day of May, ,AA.D., 1972. �. �.,c__C_ T.E. LEE. JR. /S V T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: ' S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. LeBlanc that we have the City Manager receive bids on chainlink fencing across main "C" canal at Hardy, 35th, and 37th Street bridges and take action when Drainage District #7 produces some of this work. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer that the City Attorney look into the legal aspects of refunding approximately $1,075.00 to the Church Softball League said to have been expended on lighting. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve joint purchasing agreement as recommended by the Criminal Justice Council and authorize the purchase of Motorola Nederland police radio equipment, participation $2,012.00, and Nederland participation in Mid - county dispatching equipment $343.13. All Voted Aye. RESOLUTION BE IT RESOLVED by the City Council of the City of Nederland that the Mayor be and he is hereby authorized to execute an express purchase agency contract with the South East Texas Regional Planning Commission for the purchase of radio equip- ment and /or any necessary hardware and software as part of the Regional Law En- forcement Radio Communication System. 90 Minutes continued - May 23, 1972 PASSED by the City Council of City of Nederland this the 23rd day of May, 1972. ATTEST: e7l, S /ALTA FLETCHER § T. E LEE JR. Alta Fletcher, City Secretary T. E. Lee, Jr. Mayor City of Nederland, Texas City of Nederland, Texas RESOLUTION BE IT RESOLVED by the City Council of the City of Nederland that the Mayor be and he is hereby authorized to execute a letter agreement authorizing the South East Texas Regional Planning Commission and /or its contractor to enter upon and use property belonging to the City of Nederland for the installation of all equipment comprising part of the Regional Law Enforcement Radio Com- munication System. PASSED by the City Council of the City of Nederland this 23rd day of May, 1972. ATTEST: S /ALTA FLETCHER S /T. E. LEE, JR. Alta Fletcher, City Secretary T. E. Lee, Jr., Mayor ' City of Nederland, Texas City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve Neder- land participation in Mid - County dispatching to increase by $36.64 per month, to $896.08 to cover rental on teletype equipment. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to make final payment to Chas. R. Haile Associates, Inc., for engineering on Boston Avenue Drainage Proj- ect $346.95. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve the amendment to Ordinance No. 221, regulating installation of self service gaso- line stations. Messrs. Sawyer, LeBlanc, Lee and Nugent voted aye. Mr. Gilles- pie voted no. AMENDMENT TO ORDINANCE NO. 221 AN ORDINANCE REGULATING THE SALE AND HANDLING OF VOLATILE AND FLAM- MABLE LIQUIDS INCLUDING GASOLINE IN GARAGES, SERVICE STATIONS AND OTHER PLACES OF BUSINESS HAVING VOLATILE OR FLAMMABLE LIQUIDS FOR SALE TO THE PUBLIC IN THE CITY OF NEDERLAND AND PROVIDING A PENAL- TY OF A FINE OF NOT LESS THAN $1.00 NOR MORE THAN $100.00. , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section I: Compliance with article required; attendant's duties; no smoking restrictions. Minutes continued - May 23, 1972 No customer or person other than the owner, manager or employed attendant shall dispense or be permitted to dispense gasoline or other Class I flammable liquid, as defined in the National Fire Protection Association Bulletin No. 30, at service stations or garages, or from pumps or devices from which the public is served, except in accordance with the provisions, conditions, limitations, and instructions hereinafter provided: Any such establishment permitting the dispensing of gasoline or other flam- mable liquid by customers or by any person other than the owner, manager, or em- ployed attendant, shall be under the control and supervision of no less than one (1) employed attendant on duty at all times while such establishment is open to the public. Such attendants' function shall be supervising the dispensing of gasoline and similar liquids at such establishments; collecting therefor; and maintaining the premises in safe condition. The attendants shall constantly remain within the confines of said service stations and in a position to be in full view at all times of every portion of said station where gasoline or similar liquid is dispensed. Such attendants shall refuse service to any customer who is smoking or who appears, for any reason, to be unable or incompetent to participate in the dis- pensing of gasoline. Such attendants shall be thoroughly instructed in the operation of all ' equipment of such stations, including the pumps, fire extinguishers and emer- gency cutoff switches, and shall be thoroughly instructed concerning safety regulations for dispensing gasoline and similar flammable liquids. Such attendants must enforce no- smoking restrictions and require than cus- tomers shut off their engines and follow safe practices generally. Section II: Customers authorized to dispense flammable liquids into motor fuel tanks only. Customer shall be permitted to dispense gasoline or other flammable liquids only into the regular fuel tank of motor vehicles and into no other container, except into metal containers, and a sign shall be erected at pump location indi- cating that such liquid may be dispensed in such metal containers only. Section III: Required equipment. A clearly identified and easily accessible switch(es) or a circuit breaker(s) shall be provided at a prominent location remote from dispensing devices, includ- ing remote pumping systems, to shut off the power to all dispensing devices in event of an emergency. Fire extinguishers must be located next to the emergency cutoff switches and as otherwise required by law. Section IV: Coin - operated, etc. vending devices prohibited; use of automatic shutoff nozzle with hold -open latch. Except as authorized herein, all coin - operated, car - operated and similar type automatic customer - operated vending devices for the dispensing of gasoline or other flammable liquids are prohibited. 92 Minutes continued - May 23, 1972 The use of automatic shutoff nozzles with hold -open latches is prohibited where the dispensing of gasoline or other flammable liquids to the tanks of motor vehicles is performed by anyone other than a regularly designated approved employed attendant of the service station. Section V: Copy of ordinance to be posted in establishment. A copy of this ordinance shall be posted in the establishment permitting the dispensing of gasoline or other flammable liquid by customers or by any person other than the owner, manager or employed attendant. Section VI: Permit required. It shall be unlawful for any person to install, or cause to be installed, or to permit any person to install, any wiring, fixtures, or equipment within the scop of this Code without first having procured a permit therefor approved by the City Fire Marshal. Cost of said permit shall be a fee of Fifty Dollars ($50.00) which shall be payable to the City Treasurer or his agent. Section VII: Application of article. Provisions of this article are fully applicable notwithstanding any pro- vision to the contrary which may appear elsewhere in this Code. Section VIII: Penalty for violation of article. Persons who violate the provisions of this article shall be guilty of a mis- deamor and upon conviction shall be fined in an amount not to exceed One Hundred ' Dollars ($100.00) for each violation. Section IX: Effective date. This ordinance shall 'be effective from and after its passage and publi- cation as required by law. PASSED AND APPROVED this the 23rd day of Ma;, f' T____ T. E. LEE, Mayor, City of Nederland, Texas ATTEST: S/ALTA ELETCHER City Secretary, City of Nederland, Texas APPROVED AS TO FORM: S /W. EVERETT SANDERSON City Attorney, City of Nederland, Texas 1 Minutes continued - May 23, 1972 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the ' attendance and expenses for James Byers, Plumbing Inspector to attend the Plumb- ing Inspectors' School in Corpus Christi, June 13 -16. All Voted Aye. The meeting was adjourned at 9 :20 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 L L �,. T. E. Lee, Jr., Mayo City of Nederland, Texas 193 94 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 13, 1972 The meeting was called to order at 6:30 p.m. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to award contract to Port City Construction Co., Inc, on the basis of their low bid and as recommended by Chas, R. Haile Associates for construction of waste water treatment plant pro- ject as bid May 23, 1972, subject to approval by all agencies involved. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to reimburse the Nederland -Port Neches Church Softball League the amount of $1,102.63 for their ex- penditure on city property for poles, lights and other improvements to ballpark. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to appoint the City Manager, Mr. D. B. Henson, who can then sub - delegate authority, to schedule use of the Ser- vice Center Softball Park for maximum benefit. All Voted Aye. ' A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to grant easement to Gulf States Utilities Company and Southwestern Bell Telephone Company for street lighting within sewer plant property as outlined. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve installation of fence to match that of Drainage District No. 7 for fencing of Hardy Avenue, 35th and 37th Street bridges at an approximate cost of $310.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to reappoint the fol- lowing officials in accordance with City Charter and Ordinances for a period of one year from June 30, 1972: Alta Fletcher, City Secretary -Tax Assessor Collector; J. Melvin Franks, City Judge; J. B. McKinney, City Treasurer; Billy J. Neal, Chief of Police; W. E. Sanderson, City Attorney; M. J. Cormier, Fire Marshal; R. S. St. Clair, Auxiliary Police; Jerry McNeill, Civil Defense Director; Vincent Grillo, Assistant Civil Defense Director; and the following for two years from June 30, 1972, to the Plan Commission: R. J. Lawrence, Clifford 0. Williams, Carl B. Morris, Robert Bodemueller and R. J. Williford; and to express appreciation from the council and citizens to each one for a job well done. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize a study made of annexation and preparation of an ordinance for consideration of first read- ing in accordance with Section 104e of City Charter. All Voted Aye. , A motion was made by Mr. LeBlanc and seconded by Mr. Lee to approve payment of Esti- mate No. 1 in the amount of $7,785.00 to Barco Painting Co. for painting of two (2) water towers. All Voted Aye. It J r Minutes continued - June 13, 1972 ' A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve participation with property owners on 13th Street, between Boston Avenue and Chicago Avenue, to- ward street improvements - property owners $2,223.82 and city $2,543.02. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve letter of June 13th to Jefferson County Drainage District No. 7 requesting participation with city in drainage improvements. All Voted Aye. June 13, 1972 Mr. Matt Furth Jefferson County Drainage District #7 4401 Ninth Avenue Port Arthur, Texas ATTENTION: Mr. Leo Bryant, Manager Gentlemen: ' This is to request your assistance toward improvement of drainage in Nederland. Project I: Our engineers state that the existing storm sewer along Detroit Avenue from 12th Street to Main B -5 ditch along Gulf State Utilities right -of -way is in adequate. This is said to have been installed by the County under the 1947 Capital Improvement Program. The existing storm drain is 24" diameter from 14th Street to Main B -5. Our engineers recommend 58" x 36" diameter pipe be installed to replace this section: 680 linear feet @ $19.00 per I..F., total pipe $12,920.00; The existing storm drain is 18" and 24" diameter from 12th Street to 14th-Street. Our engineers recommended 36" diameter pipe be installed to replace this section: 720 linear feet @ $8.50 per L.F., total pipe $ 6,120.00; Total Project I - $19,040.00. Project II: Our engineers indicate a need exists to extend the ditch by installing storm sewer along Avenue D from 21st Street to 27th Street, and on 27th Street from Avenue D to Main C -12. The size of pipe needed is 60" diameter to 30" diameter, estimated as follows: Avenue D from 21st to 27th Streets from Avenue D to Main C -12. 27th Street Main C -12 to Avenue D: Use Equiv. pipe (6011) ' 72" x 44" - 700' @ $32.00 $22,400.00 Avenue D 27th Street to 25th Street 48" - 660' @ $14.60 $ 9,636.00 9 6 Minutes continued - June 13, 1972 Avenue D 25th Street to 23rd Street ' 42" - 660' @ $10.00 $ 6,600.00 Avenue D 23rd Street to 21st Street 30" - 660' @ $6.50 $ 490.00 Total Project II: $42,926.00 Total pipe cost: $6,966.00 We will appreciate your participation with the City of Nederland to the extent of furnishing the pipe as listed above. Sincerely, Nederland City Council by: T. E. Lee, Jr. Mayor TEL /sb CC: D. B. Henson, City Manager John I. Bamber, Director of Public Works I Dave Perrell, City Engineer A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 147 to become effective June 26, 1972, providing for four (4) ten (10) hour days schedule in the police department. All Voted Aye. AMENDMENT TO ORDINANCE NO. 147 PERSONNEL POLICY ORDINANCE AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER SHALL BE GOV- ERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE III Section 2 - An Addendum to aDDly to Police EmDlovees The normal work schedule for employees of the Police Department shall be ten (10) hours per day on a four (4) day work week, forty (40) hours per week. Such employees shall be paid time and one -half for hours worked in excess of ten (10) hours in any one day or forty (40) in any one week. In no case will both daily and weekly overtime be paid for same hours worked. Any work performed in excess of normal work schedule must be approved by the City Manager. ' The effective date of the amendment shall be June 26, 1972. Minutes continued - June 13, 1972 ' PASSED AND APPROVED BY THE CITY COUNCIL during a legally convened meeting this the 13th day of June, A.D., 1972. T. E. Lee, Jr., MayVr City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. LeBlanc to table action pertaining to an Amendment to Ordinance No. 147 rescheduling employees in the sanitation de- partment. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment in the ' amount of $14,263.66 to Charles R. Haile Associates, Inc, for partial engineering services on waste water treatment plant project. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of bills for the month of May in the amount of $11,323.58 by General Fund Checks Nos. 1951 -2008 and $12,763.52 by Water Fund Checks Nos. 8365 -8396. All Voted Aye. The meeting was adjourned at 9:37 p.m. =' P I ' T. E. Lee, Jr., Ma r City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary ' City of Nederland, Texas yN REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' June 27, 1972 The meeting was called to order at 6:30 p.m. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr. , Mr. R. A. Nugnet, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting of June 13, 1972, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve payment of Estimate No. 1 in the amount of $5, 099.02 to H. W. McCurley, Inc. , Contractor, from the Developer's Escrow Account for water and sanitary sewer improvements in Wes - chester No. 2 Addition. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 134 setting rates for dogs and cats regulated under the ordinance. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 134 AN ORDINANCE PROVIDING FOR LICENSING OF ALL DOGS WITHIN THE ' CORPORATE LIMITS OF THE CITY OF NEDERLAND, TEXAS, AND PRO- VIDING A FEE THEREFOR; PROVIDING THAT ALL DOGS BE VACCINATED AGAINST RABIES; PROVIDING FOR A CITY DOG POUND, AND PROVIDING REGULATIONS FOR ITS OPERATION; PROVIDING FOR THE APPOINTMENT OF A POUND MASTER, AND PRESCRIBING HIS POWERS AND DUTIES; RE- QUIRING THE DETENTION OF DOGS HAVING BITTEN A PERSON; PROVID- ING AN OFFENSE FOR REMOVAL OF LICENSE TAG; PROVIDING AN OF- FENSE FOR DOGS RUNNING AT LARGE; REPEALING CONFLICTING OR- DINANCES; PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: SECTION 8 CHANGES AND AMENDMENTS: 3. Presentation of vaccination certificate by owner showing that said dog has been vaccinated at some time during the previous twelve (12) months, OR , Payment of Four ($4.00) Dollars to Pound Master as vaccination fee, for which a receipt shall be issued and for which actual payment shall be made Minutes continued - June 27, 1972 by City to a Licensed Veterinarian of the State of Texas for rabies vaccina- tion of dog upon presentation of pre- issued receipt by Veterinarian that he ' has provided this vaccination service; SECTION 13 Should any person be bitten by any dog, and complaint be made, the person responsible for said dog, if such person can be located, shall be notified to keep said dog confined and under observation by a licensed Veterinarian at Veterinarian's place of business for not less than ten (10) days after the person was bitten, and to release said dog only on written permission of the City Pound Master or his author- ized representative; and upon failure of the owner or person responsible for said dog to comply with such notice, the Pound Master shall cause said dog to be confined and placed under observation for said length of time in the City Pound, or other location, at the expense of the owner or person responsible for said dog. Said dog shall not be released until the owner or person responsible for said dog shall have paid two ($2.00) dollars for each day of said confinement and observation, and any other actual ex- penses incurred for treatment or veterinary fees; and, in addition, said dog shall not be released until all four (4) requirements of Section 8, hereof, have been met; and, should the owner or person responsible for said dog refuse to take such action, the dog shall then be destroyed. The Pound Master, with the approval of the City Manager, is authorized to cause the head of any dead dog, which dog is thought to have had rabies, to be shipped to ' State Health Department facilities for examination if said dog has bitten one or more persons and further provided that City expense for each entire examination shall not exceed $30. 00 for any one such examination, no The Pound Master, with the approval of the City Manager, is authorized to cause the head of any dead dog, which dog is thought to have had rabies, to be shipped to State Health Department facilities for examination.if said dog has bitten another animal other than a person and further provided that others participate to one -half the total cost of same which participation by City shall not exceed $15.00 for any one such examination. SECTION 13A Should any person be bitten by any cat, and complaint be made, the person re- sponsible for said cat, if such person can be located, shall be notified to keep said cat confined and under observation by a licensed Veterinarian at Veterinarian's place of business for not less than ten (10) days after the person was bitten, and to release said cat only on written permission of the City Pound Master or his authorized repre- sentative; and upon the failure of the owner or person responsible for said cat to comply with such notice, the Pound Master shall cause said cat to be confined and ' placed under observation for said length of time in the City Pound, or other location, at the expense of the owner or person responsible for said cat. Said cat shall not be released until the owner or person responsible for said cat shall have paid two ($2.00) 100 Minutes continued - June 27, 1972 dollars for each day of said confinement and observation, and any other actual ex- penses incurred for treatment or veterinary fees. ' The Pound Master, with the approval of the City Manager, is authorized to cause the head of any dead cat, which cat is thought to have had rabies, to be shipped to State Health Department facilities for examination if said cat has bitten one or more persons and further provided that City expense for each entire examination shall not exceed $30.00 for any one such examination, OR The Pound Master, with the approval of the City Manager, is authorized to cause the head of any dead cat, which cat is thought to have had rabies, to be shipped to State Health Department facilities for examination if said cat has bitten another animal other than a person and further provided that others participate to one -half the total cost of same which participation by City shall not exceed $15.00 for any one such exam- ination. SECTION 18 Any person violating any of the provisions of this Ordinance shall be charged with committing a misdemeanor and upon conviction shall be fined not less than One ($1.00) Dollar nor more than One - hundred ($100. 00) Dollars, as determined by the Judge of Corporation Court of City of Nederland. I This Amendment shall be effective from and after its passage and publication as required by law. PASSED, ADOPTED, AND APPROVED this 27th day of June A.D. , 1972. T. E. LEE, JR. /S T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER IS Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S /W. E. SANDERSON W. Everett Sanderson, City Attorney ' City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to table action IOt Minutes continued - June 27, 1972 until after January 1, 1973, instituting annexation proceedings of an area to the North of Nederland. All Voted Aye. Presentation was made of the 1971 Equalization Board proceedings by Mr. Leo D. Tucker, Chairman. He reported two persons appearing before the Board resulting in a $1, 325. 00 decrease in assessed tax value. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to accept the report of Equalization Board hearings and to approve payment of the budgeted amount to the members. All Voted Aye. Quotations were received and opened on a Street Participation Job located on 13th Street at Chicago Avenue. Quotations received were from Trotti- Thompson, $5, 862. 00; Barnette Construction Company, $3, 647. 00; and Gatlin Construction, $5, 044. 25. A motion was made by Mr. Lee and seconded by Mr. Gillespie to award the above described job on the basis of the low quotation if city participation amounts to less than $2, 000. 00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the fol- lowing Resolution to satisfy need of the Texas Water Quality Board in regard to Waste Water Treatment Plant design. All Voted Aye. ' A RESOLUTION BE IT HEREBY RESOLVED BY the City of Nederland acting by and through its Mayor and City Council during a regularly convened meeting and authorizing the Mayor to sign this document on behalf of the City of Nederland, does hereby advise the Texas Water Quality Board, Austin, Texas, as follows: I. That the City Council of the City of Nederland, unless prohibited by the City Charter or laws of the State of Texas, will undertake to increase the drying bed area at the Waste Water Treatment Plant from 25, 300 square feet to some larger size at such time as it is determined by our Engineer and the Texas Water Quality Board that the additional capacity is required for effective and efficient operation of the plant; and that plans for these improvements will be initiated within 120 days after the City of Nederland receives notification from the Texas Water Quality Board. II. That the City Council of the City of Nederland, unless prohibited by the City Charter or laws of the State of Texas, will cause the chlorine contace chamber to be increased in size in accordance with the letter dated May 4, 1972, from Mr. Nicholas ' W. Classen to David C. Perrell, at such time as it is determined by our Engineer and the Texas Water Quality Board that the additional capacity is required for effec- tive and efficient operation of the plant; and that plans for these improvements will be initiated within 120 days after the City of Nederland receives notification from the Texas Water Quality Board. 102 Minutes continued - June 27, 1972 BE IT ALSO RESOLVED that a copy of this Resolution be transmitted to , the Texas Water Quality Board in order to meet the requirements of the same as stipulated by said letter of May 4, 1972. PASSED AND APPROVED by the City Council of the City of Nederland during a legally convened meeting, this the 27th day of June, A. D. , 1972. T. E. LEE, JR. IS T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas The meeting was adjourned at 7:30 p.m. ' T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6 :30 p.m. The meeting was called to order at 6 :40 p.m, by Mayor T. E. Lee, Jr. July 11, 1972 Members present were Mr. Robert Sawyer, Mr. Carl LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the previous meeting of June 27, 1972, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to accept the Annual Budget as presented by the City Manager in accordance with the City Charter and adopt Reso- lution setting Public Hearing on the Budget for 6 :30 p.m., August 8, 1972. All Voted Aye. A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 1972, AND ENDING SEPTEMBER 30, 1973. WHEREAS, the City Manager has prepared and submitted to the City Council, a bud- get estimate of expenditures and revenues of all city department activities, and of- fices for the Fiscal Year beginning October 1, 1972, and ending September 30, 1973, and; WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed, or amended form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the budget as prepared and submitted by the City Manager for the total ex- penditures in each of the various departments of the City of Nederland for the Fiscal Year beginning October 1, 1972, and ending September 30, 1973, is hereby accepted and a Public Hearing is hereby set for 6 :30 p.m., August 8, 1972, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED BY the City Council at its regular meeting this the 11th day of July, A.D., 1972. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas Mr. Lewis Sprauge representing the Golden Triangle Sierra Club, was present to offer the city any assistance in working to get another city park. 104 Minutes continued - July 11, 1972 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to call a Public Hear- , ing for 6:30 p.m., August 8, 1972, to extend commercial zoning of the northwest side of the 2700 block of Avenue H, rezone the South one -half of lots 1,2,3 and 4, block 2, Hillcrest Second Addition from residential to commercial. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize advertisement of bids for clearing eleven (11) lots in accordance with Ordinance No. 78, to be received 6:30 p.m., August 8, 1972, as recommended by Chief M. J. Cormier. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize the attendance and expenses of Chief Cormier as a Field Supervisor of the Texas A&M Fire Training School and attendance and expenses of one full -time fireman and one and one -half volunteer fire- man. July 16 -22 in Bryan. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize amendment to Ordinance No. 107 to permit parallel parking along the south side of 27th Street near Memphis Avenue. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGUTATED TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL ' SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a def- inite policy should be established pertaining to traffic regulation including Parking Rules: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - PARKING RULES There shall be parallel parking only on the East side of 27th Street from Memphis Avenue in a Southerly direction for a distance of 135 feet. Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section 3 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ON THIS THE ' 11th DAY OF JULY, A.D., 1972. S /T. E. LEE JR. T. E. Lee, Jr., Mayor City Of Nederland, Texas 105 Minutes continued - July 11, 1972 ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion by Mr. Lee and seconded by Mr. Nugent to table action concerning a request of the Nederland Junior Football League that the investment of $573.69 toward development of the Service Center facility be refunded by the city. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment to Barco Painting Company, Estimate #2, $4,302.00; Barnette Construction Company, Estimate #1, $9,630.00. All Voted Ave. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve payment of the bills for the month of June in the amount of $15,438.48 by General Fund check numbers 2048 -2102 and $16,646.49 by Water Fund check numbers 8410 -8445. Meeting was adjourned at 8 :45 p.m. ATTEST: Betty Hill, Acting City Secretary City of Nederland, Texas 1 T. E. Lee, Jr., yor City of Nederland, Texas 106 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 25, 1972 , The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr, T. E. Lee, Jr., Mr, R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of August 11, 1972, as written, All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to adopt the following Amendment to Ordinance No. 107 as read. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite ' policy should be established pertaining to traffic regulation including Parking Rules: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - PARKING RULES There shall be "No Parking" permitted along the East side of 27th Street for a dis- tance of 50 feet in a southerly direction from the southerly boundary line of Memphis Avenue; perpendicular,angular, or parallel parking shall be permitted from a point 50 feet in a southerly direction from the most southerly boundary line of Memphis Avenue for a distance of 85 feet southerly along the East side of 27th Street. Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdeamor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section 3 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the I provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, ON THIS THE 25th DAY OF JULY, A.D., 1972. 1_07 Minutes continued - July 25, 1972 S/ T. E. LEE, JR. ' Tom E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Resolution stating the intentions of the City of Nederland in regard to design of the Waste Water Treatment Plant as requested by the Texas Water Quality Board and also to authorize the Mayor to sign. All Voted Aye. A RESOLUTION BE IT HEREBY RESOLVED by the City of Nederland, acting by and through its Mayor and City Council during a regularly convened meeting and authorizing the Mayor to sign this document on behalf of the City of Nederland, does hereby advise the Texas Water Quality Board, Austin, Texas as follows: I. That the City Council of the City of Nederland, unless prohibited by the laws of the State of Texas, will undertake to increase the drying bed area at the Waste Water Treatment Plant from 25,300 square feet to some larger size at such time as it is determined by the Texas Water Quality Board that the additional capacity is required for effective and efficient operation of the plant; and that plans for these improve- ments will be initiated within 120 days after the City of Nederland receives notifica- tion from the Texas Water Quality Board. II. That the City Council of the City of Nederland, unless prohibited by the laws of the State of Texas, will cause the chlorine contact chamber to be increased in size in accordance with the letter dated May 4, 19729 from Mr. Nicholas W. Classen to David C. Perrell, at such time as it is determined by the Texas Water Quality Board that the ad- ditional capacity is required for effective and efficient operation of the plant; and 1 that plans for these improvements will be initiated within 120 days after the City of Nederland receives notification from the Texas Water Quality Board. BE IT ALSO RESOLVED that a copy of this Resolution be transmitted to the Texas 108 Minutes continued - July 25, 1972 Water Quality Board in order to meet the requirements of the same as stipulated by said letter of May 4, 1972. , PASSED and approved by the City Council of the City of Nederland during a legally convened meeting, this the 25th day of July, AD, 1972. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize payment to Chas. R. Haile Associates for re- design of the Sewage Treatment Plant from February 10, 1971, through April 29, 1971, and January 25, 1972, through April 19, 1972, as requested by the Texas Water Quality Board for a total of $10,845.64. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to adopt the following Ordinance No. 273, to authorize the execution of a Waste Disposal Contract with Sabine River Authority of Texas, and to approve a draft of said Authority's Bond Resolution. All I Voted Aye, CERTIFICATE FOR ORDINANCE AUTHORIZING A CONTRACT ORDINANCE NO. 273 THE STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in a REGULAR MEETING ON THE 25TH DAY OF JULY, 1972, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Mrs. Alta Fletcher, City Secretary T. E. Lee, Jr., Mayor Carl LeBlanc R. A. Nugent Sam Gillespie Robert Sawyer and all of said persons were present, except the following absentees: NONE, thus con- stituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written , ORDINANCE AUTHORIZING A CONTRACT was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, 109 Minutes continued - July 25, 1972 said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following roll call vote: AYES: Each member of said City Council shown present above voted "Aye ". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and suf- ficiently notified officially and personally, in advance, of the time, place, and pur- pose of the aforesaid Meeting, and that said Ordinance would be introduced and consid- ered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED the 25th day of July, 1972. S /ALTA FLETCHER S /T. E. LEE, JR. City Secretary Mayor (SEAL) ORDINANCE AUTHORIZING A CONTRACT THE STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND WHEREAS, it is necessary and advisable that the City enter into the Contract hereinafter authorized. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1. That the Mayor and the City Secretary are authorized and directed, for and on behalf of the City, to date, sign, seal, and otherwise execute a Contract in substantially the form and substance set forth in "Exhibit A", which is attached hereto and made a part hereof. 110 Minutes continued - July 25, 1972 Section 2. That upon execution said Contract shall be binding upon the City for all purposes. ' Section 3. That a substantial draft of the Bond Resolution authorizing the issuance of the Bonds described in said Contract has been submitted to the City, and a copy thereof is attached hereto, marked "Exhibit B ", and made a part hereof. Said draft is hereby approved, and said Bonds may be issued pursuant thereto, and it is hereby ac- knowledged that all provisions of said draft are in compliance with said Contract. "EXHIBIT A" SABINE RIVER AUTHORITY OF TEXAS - CITY OF NEDERLAND WASTE DISPOSAL CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS . WATER POLLUTION CONTROL COMPACT . WHEREAS, the Sabine River Authority of Texas (hereinafter sometimes called the "Authority ") is a conservation and reclamation district created by Vernon's Article 8280 -133, pursuant to Article 16, Section 59 of the Texas Constitution; and WHEREAS, the Authority is an agency of the State of Texas operating on a multi- ple county and regional basis; and WHEREAS, the Authority is a Signatory to the State of Texas Water Pollution Con - troll Compact (hereinafter sometimes called the "Compact "), dated and effective as of March ' 269 1971, which is on file in the official records of the Texas Water Quality Board, and which was approved by Order of said Board duly entered on March 26, 1971, and to which Compact reference is hereby made for all purposes; and WHEREAS, the City of Nederland (hereinafter sometimes called the "City ") is a City duly organized and existing pursuant to the constitution and laws of the State of Texas; and WHEREAS, the Authority and the City jointly desire to acquire, construct, and establish in the vicinity of the City a disposal system, consisting of facilities for disposing of sewage and other waste, including treatment facilities, as such terms are defined in Chapter 25 of the Texas Water Code (formerly Vernon's Article 7621g), hereinafter sometimes called the "Project "; and WHEREAS, the City has filed an application for a Federal grant for the Project with the Texas Water Quality Board and the Environmental Protection Agency of the United States of America, and the Project has been given the designation as WPC -TEX -630 in the records of the Texas Water Quality Board and the Environmental Protection Agency, to which application and records reference is hereby made for a complete description of the Project; and WHEREAS, the City expects to receive a grant from the Environmental Protection Agency of the United States of America to aid in constructing the Project; and WHEREAS, the Texas Water Quality Board has granted and given the necessary permit in connection with the Project; and WHEREAS, the City and the Authority are authorized to make and enter into this I Contract under Chapter 25 of the Texas Water Code (formerly Vernon's Article 7621g), and Section 21.095 of the Texas Water Code; and X11 Minutes continued - July 25, 1972 WHEREAS, the parties hereto recognize and agree to these facts: (a) that this Contract is being executed pursuant to and in compliance with the Compact; and (b) that the Authority is preparing to issue, sell, and deliver its Bonds for the purpose of acquiring and constructing its part of the actual costs of the entire Project; and (c) that the Authority will pledge the City's payments to the Authority under this Contract to the payment of principal of and the interest on its Bonds issued in connection with the Project, and for the main- tenance of a debt service reserve fund for said Bonds, if and to the extent required. IT IS THEREFORE, CONTRACTED AND AGREED BETWEEN THE AUTHORITY AND THE CITY AS FOLLOWS: Section 1. DEFINITIONS. The terms and expressions used in this Contract, unless the context shows clearly otherwise, shall have meanings as follows: (a) "Project" means the Project as defined in the preamble to this Contract. (b) "Board" and "Board of Directors" means the Board of Directors of the Authority. (c) "Bond Resolution" means any resolution of the Board of Directors au- thorizing the issuance of Bonds and providing for their security and payment, as such resolution(s) may be amended from time to time as ' therein permitted. (d) "Bonds" means any bonds to be issued by the Authority for the acquisi- tion, construction, or completion of the Project, whether in one or more series or issues, or any bonds issued to refund same. Section 2. OBLIGATION OF AUTHORITY TO CONSTRUCT. The Authority agrees to pay, and will pay, as a Signatory to the Compact, for and on behalf of the State of Texas, 25% of all the actual costs of acquiring and constructing the entire Project, through the issuance of its Bonds pursuant to Chapter 25 of the Texas Water Code (formerly Ver- non's Article 7621g), and Section 21.095 of the Texas Water Code, to provide the money for such payment. Section 3. OBLIGATION OF CITY TO CONSTRUCT. The City agrees to pay, and will pay, 75% of all of the actual costs of acquiring and constructing the entire Pro- ject, from the money received by the City from the Federal grant for the Project, and from other sources available to the City. Section 4. AUTHORITY'S BOND RESOLUTION. The proceeds from the sale of the Bonds will be used for the payment of all of the Authority's expenses and costs in con- nection with the Bonds, including, without limitation, all financing, legal, printing, and other expenses and costs incurred in issuing its Bonds, plus an administrative charge to be retained by the Authority equal to 20% of the aggregate fees of the bond attorneys and financial advisors. It is agreed and understood that the sum of $1,000 will be re- tained by the Authority as a liquidated amount sufficient to cover and pay all of its ' expenses and costs in connection with the Bonds, exclusive of the fees of the bond attor- neys and financial advisors. Such Bonds will be issued in a mutually agreeable amount sufficient to cover the estimated amount of all the aforesaid expenses, costs, and charges, and may also provide for depositing into a debt service reserve fund for such Bonds an 112 Minutes continued - July 25, 1972 amount approximately equal to the average annual principal and interest requirements on such Bonds, and may provide for creating other funds, and for capitalizing interest ' during construction of the Project. A substantial draft of each Bond Resolution of the Authority, showing the principal amount, maturities, any debt service reserve fund, and other pertinent features, excepting the name of the purchaser and the interest rates, must be delivered to and be approved by the City prior to the delivery to the purchaser of any Bonds authorized by such Bond Resolution; and the approval of such draft by the City will constitute agreement by the City that all privisions of the Bond Resolution are in compliance with this Contract in all respects. Section 5. CONSULTING ENGINEERS. The Authority and the City agree that the engineering firm of CHAS. R. HAILE ASSOCIATES, INC., HOUSTON, TEXAS, shall be the "Consulting Engineers" for the Project; that the Project will be acquired and constructed in accordance with the "Engineering Report" which has been prepared under the supervision of the Consulting Engineers and which is on file with the Environmental Protection Agency, and in accordance with palns and specifications prepared under the supervision of the Consulting Engineers. Section 6. CONSTRUCTION CONTRACTS. For the convenience of the Authority and the City, the City will enter into such contracts as are necessary to provide for ' acquiring and constructing the entire Project, and said contracts shall be adver- tised for and executed as required by the laws applicable to the City, and also as required by the City's Grant Offer from the Environmental Protection Agency. The Authority shall deposit from the proceeds from the sale of its Bonds into a special Construction Fund, at the City's depository bank, to the credit of the City, an amount of money which shall be specified in the Authority's Bond Resolution. The City shall draw on and use said Construction Fund to pay the costs of acquiring and constructing the Authority's part of the Project; provided that the City agrees that each expendi- ture from the Construction Fund must be approved by the Consultanting Engineers prior to the making of such expenditure. Any amounts remaining in the Construction Fund after completion of the Project shall be deposited in the Interest and Sinking Fund established pursuant to the Authority's Bond Resolution, and thus reduce to that ex- tent the payments required to be made by the City under this Contract. Section 7. PAYMENTS BY CITY. (a) That the Authority will provide and make available to the City, for the treatment and disposal of waste for the City, the waste treatment and waste disposal system, facilities, and services of the part of the Project acquired, constructed, and paid for by the Authority. It is agreed that the City shall have the exclusive use of the entire Project throughout its useful life. In considera- tion for the Authority's making it possible, as a Signatory to the Compact, for the City to receive an increase in the Federal grant for constructing the Project, and in consid- eration for the Authority's acquiring, constructing, providing, and making available ' to the City the waste treatment and waste disposal system, facilities, and services of the Authority's part of the Project, for the treatment and disposal of the City's waste, the City agrees to make the payments hereinafter specified. As further consideration, 113 Minutes continued - July 25, 1972 it is agreed that the City will have the sole responsibility for operating and maintain- ing the entire Project throughout its useful life, and that the City will operate and ' maintain the entire Project throughout its useful life; and the City agrees to idemnify and to save and hold harmless the Authority from any and all claims, damages, losses, costs, and expenses, including reasonable attorneys fees, arising at any time from the acquisition, construction, existence, ownership, operation and /or maintenance of the entire Project. It is further agreed that the City's obligation to make any and all payments under Section 7(b) and (c:) of this Contract will terminate when all of the Authority's Bonds issued in connection with the Project, or any Bonds issued to refund same, have been paid and retired and are no longer outstanding; and it is agreed that the cessation of such payments or charges is and will be a reasonable arrangement after such Bonds have been retired, because there will be no expense or cost to the Authority in connection with the Project and the Bonds after such Bonds have been retired. It is further understood and agreed that the Authority's only source of funds to pay the principal of and interest of its Bonds, to restore the debt service reserve fund for its Bonds, and to pay its expenses in connection with its Bonds and the Project, is from the payments to be made by the City to the Authority under this Contract. (b) That the City agrees to make the following payments to the Authority while any of the Authority's Bonds issued in connection with the Project, or any Bonds issued to refund same, are outstanding: 1. Such amounts, payable semi- annually on or before the lOth day preceding each interest payment date on the Authority's Bonds, as are necessary to pay (a) the principal and /or interest coming due on the Authority's Bonds on the next succeeding interest payment date, plus the fees and charges of the Paying Agent for paying or redeeming the Bonds and /or interest coupons appertaining thereto coming due on such date, and (b) a fixed semi - annual charge of $125.00 to cover and reimburse the Authority for its administrative and overhead expenses directly attributable and chargeable to the Bonds and the Project, including the cost of routine annual accounting reports. 2. Such amounts at such times as are specified in the Authority's Bond Resolution to fund or restore the debt service reserve fund or any other fund created and established for the benefit of the Authority's Bonds. It is contemplated that any surplus investment earnings from the debt service reserve fund and any other funds created by the Bond Resolution will be used to pay the principal of and interest on the Bonds, and thus reduce the amounts payable by the City under 1, above. 3. Such amounts, payable upon receipt of a statement therefor, as are necessary to pay, or reimburse the Authority for, and extraordinary or unexpected expenses or costs reasonably and necessarily incurred by the Authority in connection with the Bonds and the Project (exclusive of routine administrative expenses and costs, including the fees and charges of the Paying Agent for the Bonds, and the cost of routine annual accounting reports) such as expenses of litigation, if any, and costs of special studies and special professional services, if and when required. ' (c) If, in addition to the amount initially issued, the Authority finds it necessary to issue Bonds for the purpose of completing the Project to the extent contemplated by the initial Bonds and the Engineering Report, all of the amounts to be paid to or retained by the Authority under all Sections of this Contract shall be increased proportionately, and such amounts shall at all times be sufficient to pay the 11.4 principal of and interest on all such Bonds, and to increase the debt service reserve fund, and other funds, as and if required by the Bond Resolution authorizing the additional Bonds. It is understood and agreed that the only source of funds for the Authority to acquire and construct its part of the Project is from the issuance and sale of its Bonds (including additional Bonds) pursuant to this Contract. (d) The City represents and covenants that the use of the facilities and services to be obtained pursuant to this Contract are essential and necessary to the operation of the City and its combined waterworks and sanitary sewer system, and that all payments to be made hereunder by it will constitute reasonable and necessary "operating expenses" of the City's combined waterworks and sanitary sewer system, within the meaning of Vernon's Article 1113, and the provisions of all Ordinances authorizing the issuance of all waterworks and sanitary sewer system revenue bond issues of the City, with the effect that the City's obligation to make payments from its waterworks and sanitary sewer system revenues under this Contract shall have priority over its obligations to make payments of the principal of and interest on any and all of its waterworks and sanitary sewer system revenue bonds. The City agrees to fix and collect such rates and charges for waterworks and sanitary sewer services to be supplied by its waterworks and sanitary sewer system as will make possible the prompt payment of all expenses of operating and maintaining the entire Project and operating and maintaining the City's entire waterworks and sanitary sewer system, including all payments, obligations, and indemnities contracted here- under, and the prompt payment of the principal of and interest on the City's Bonds payable from the net revenues of its waterworks and sanitary sewer system. The Authority shall never have the right to demand payment of the amounts due hereunder from funds raised or to be raised from taxation by the City. (e) The City's payments under this Contract shall be made pursuant to the authority granted by Section 25.030 of the Texas Water Code (formerly Section 6 of ' Vernon's Article 7621g), as well as Vernon's Article 1113. (f) Recognizing, the fact that the City urgently requires the facilities and services covered by this Contract, and that such facilities and services are necessary for actual use and for stand -by purposes; and further recognizing that the Authority will use the payments received from the City hereunder to pay, secure, and finance the issuance of the Bonds, it is hereby agreed that if and when any Bonds are delivered, the City shall be obligated to make the payments required by this Contract, regardless of whether or not the Authority actually provides such facilities and services, or whether or not the City actually receives or uses such facilities and services, or whether or not the City actually receives the Federal grant, and the holders of the Bonds shall be enti- tled to rely on the foregoing agreement and representation, regardless of any other agreement between the Authority and the City. Section 8. COMPLIANCE WITH GRANT OFFER. The City agrees that with respect to the entire Project it will fulfill and comply with all assurances made by the City in the grant offer received from the Environmental Protection Agency and accepted by the City; and that with respect to the entire Project the City will discharge all of its responsibilities and comply with all of its agreements with the Environmental Protec- tion Agency in connection with the grant offer and the Federal grant made pursuant thereto. The Authority agrees that it will join with and assist the City in complying with the foregoing commitments to the Environmental Protection Agency, subject to the provisions of this Contract. , Section 9. METERING. It is understood and agreed that neither the Authority nor the City shall be under obligation to furnish, operate, or maintain metering equipment for measuring waste discharged into the Project under this Contract, unless metering is required by the Environmental Protection Agency. Minutes continued - July 25, 1972 Section 10. CONSTRUCTION. The Authority and the City agree to proceed promptly with the joint acquisition and construction of the Project. The Authority and City ' hereby covenant that they will make a diligent effort to commence construction as soon as practicable. The Authority and the City do not anticipate any delays in commencing or completing the Project, but the Authority and the City shall not be liable to each other for any damages occasioned by the construction or completion of the Project, or any delays in completion of the Project. Section 11. CONDITIONS PRECEDENT. The obligation on the part of the Authority to acquire and construct its part of the Project shall be conditioned upon the following: (a) sale of Bonds in an amount sufficient to assure the acquisition and con- struction of its part of the Project; and (b) the Authority's and the City's ability, or the ability of the contractors, to obtain all material, :labor, and equipment necessary for the acquisition and construction of the Project. Section 12. USE OF CITY'S PUBLIC PROPERTY. By these presents, the City authorizes use by the Authority of any and all real property, streets, alleys, public ways and places, and general utility or sewer easements of the City for acquiring and constructing the Project, as provided in this Contract. Section 13. FORCE MAJEURE „ - If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this agreement then such party shall gave notice and full particulars of such Force Majeure in writing to the other parties within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure„ shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military au- thority, insurrections, riots, ep1demics9 landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. It is specifically excepted and provided, however, that in no event shall any Force Majeure relieve the City of its obligation to make payments to the Authority as required under Section 7 of this Contract. Section 14. INSURANCE. The City agrees to carry fire, casualty, public liability, and other insurance on the Project; and its entire waterworks and sanitary sewer system for purposes and in amounts which would ordinarily by carried by a privately owned utility company owning and operating such facilities, except that the City shall not be ' required to carry liability insurance except to insure itself against risk of loss due to claims for which it can be liable under the Texas Tort Claims Act or any similar law or judicial decision. Such insurance will provide, to the extent feasible and practica- ble, for the restoration of damaged or destroyed properties and equipment, to minimize the interruption of the services of such facilities. 116 Minutes continued - July 25, 1972 Section 15. REGULATORY BODIES. This Contract and the Project shall be subject to all valid rules, regulations, and laws applicable thereto passed or promulgated by the , United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. Section 16. TERM OF CONTRACT. That the term of this Contract shall be for the use- ful life of the Project, subject to the provisions of Section 17 hereof, and in all events for the period during which any of the Authority's Project Bonds, and any Bonds issued to refund same, or any interest coupons appertaining thereto, are outstanding and unpaid. Section 17. CITY'S OPTION TO PURCHASE. If the City so requests, the Authority agrees that it will use its best efforts to sell and deliver all of its Project Bonds through commercial municipal bond marketing channels, with such Project Bonds to be sub- ject to redemption prior to maturity on such date or dates, at the option of the Authority, as will permit the City to exercise its option to purchase the Authority's part of the Project, as hereinafter provided. If the City makes such request pursuant to this Section, the City shall cause the Consulting Engineers to execute a certificate to the effect that the Project has been completed and placed in operation, after it has been completed and placed in operation, and all payments under any construction and other contracts pertain- ing to the acquisition of the Project have been paid. At any time within one year after the Consulting Engineers certify such completion of the Project, the City shall have the option and right to purchase, in one installment, all of the Authority's right, title, and interest in and to the Project for a price equal to the total amount required to redeem, retire, and cancel all of the Authority's Bonds, including the par or principal amount thereof, the accrued interest to date of redemption, the redemption premium, if any, the paying agents charges, and all expenses of Authority in connection with redeeming such ' Bonds. The City shall notify the Authority in writing if it exercises said option, and shall furnish the Authority with a certified copy of the ordinance or resolution of the governing body of the City exercising said option, provided, however, that the date set for the consummation of the transaction shall be fixed so as to allow the Authority and the City sufficient time to perform the acts hereinafter described. Upon receipt of the foregoing notice in writing the Authority shall fix a date, which shall be as soon as practicable, for the redemption of its Bonds, and shall duly call said Bonds for redemp- tion on said date. Prior to such date the City shall make the necessary redemption price available to the Authority and the Authority shall deposit the required funds with the paying agent for such Bonds so that such funds will be available for immediate use in redeeming the Bonds on said date. Immediately upon the redemption of said Bonds, all of the Authority's right, title, and interest in and to the Project automatically shall vest in the City, without the necessity for executing any conveyance, and thereafter the Author- ity shall have no interest whatsoever in the Project, and this Contract shall terminate in its entirety, and it shall be of no further force nor effect, except for any claims arising prior to such termination. If the City exercises its option to purchase under this Section all amounts in the Interest and Sinking Fund created and established pur- suant to the Authority's Bond Resolution shall be applied to the redemption of the Authority's Bonds, and thus reduce to that extent the City's purchase price. IN WITNESS WHEREOF, the Authority and the City, acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the 11th day of , August, 1972, which is the date of this Contract. SABINE RIVER AUTHORITY OF TEXAS By President, Board of Directors 11/ ATTEST: ' Secretary, Board of Directors (SEAL) APPROVED: Executive Vice President and General Manager CITY OF NEDERLAND, TEXAS by Mayor ATTEST: City Secretary (SEAL) "EXHIBIT B" RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE BONDS THE STATE OF TEXAS SABINE RIVER AUTHORITY OF TEXAS: WHEREAS, a Waste Disposal Contract (hereinafter, called the ".Contract ") has been duly executed between the District and the City of Nederland (hereinafter called the "City "); and WHEREAS, the date of the Contract is August 11, 1972; and WHEREAS, the Contract is hereby referred to and adopted for all purposes, the same as if it had been set forth in its entirety in this Resolution; and WHEREAS, the governing body of the City has duly approved a substantial draft of this Resolution; and WHEREAS, the bonds (hereinafter called the "Bonds ") authorized to be issued by this resolution (hereinafter called the "Resolution ") are to be issued and delivered pursuant to Vernon's Articles 8280 -133 and 7621g, and /or Chapter 25 of the Texas Water Code. THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SABINE RIVER AUTHORITY OF TEXAS: Section 1. That said District's negotiable Bonds are hereby authorized in the aggre- gate principal amount of $185,000 FOR THE PURPOSE OF ACQUIRING AND CONSTRUCTING A DISPOSAL SYSTEM, CONSISTING OF FACILITIES FOR DISPOSING OF SEWAGE AND OTHER WASTE, INCLUDING TREAT- MENT FACILITIES, TO SERVE THE CITY OF NEDERLAND. Section 2. That said bonds shall be designated as the: SABINE RIVED. AUTHORITY OF TEXAS - CITY OF NEDERLAND, WASTE DISPOSAL CONTRACT REVENUE BONDS, SERIES 1972. Section 3. That said Bonds shall be dated July 1, 1972, shall be in the denomination of $5,000 each, shall be numbered consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: its Minutes continued - July 25, 1972 MATURITY DATE: JULY 1 YEARS AMOUNTS 1990 $25,000 1991 50,000 1992 50,000 1993 60,000 Said Bonds may be redeemed prior to their scheduled maturities, at the option of said Author- ity, on the dates stated, and in the manner provided, in the form of Bond set forth in this Resolution. Section 4. That said Bonds shall bear interest from their date to their respective maturities, or to theri respective dates of redemption prior to maturity, at the rate of 4% per annum to and until January 1, 1974, and at the rate of 8% per annum from and after January 1, 1974. Said interest shall be evidenced by interest coupons which shall apper- tain to said Bonds, and which shall be payable in the manner provided and on the dates stated in the Form of Bond set forth in this Resolution. Section 5. That said Bonds and interest coupons shall be issued, shall be payable, may be redeemed prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the Form of Bond set forth in this Resolution. Section 6. That the form of said Bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said Bonds, and the form of the aforesaid interest coupons which shall appertain I and be attached initially to each of said Bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS SABINE RIVER AUTHORITY OF TEXAS SABINE RIVER AUTHORITY OF TEXAS - CITY OF NEDERLAND WASTE DISPOSAL CONTRACT REVENUE BOND SERIES 1972 On July 1, 197 , SABINE RIVER AUTHORITY OF TEXAS hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hereof, at the rate of 4% per annum to JANUARY 1, 1974, and at the rate of 8% per annum thereafter, evidenced by interest coupons payable JANUARY 1, 1973, and semi - annually thereafter while this Bond is outstanding. THE PRINCIPAL of this Bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Bond or proper interest coupon, at the following, which shall constitute and be defined as the "Paying Agent" for this Series of Bonds: NEDERLAND STATE BANK, , NEDERLAND, TEXAS. 1 1 119 Minutes continued - July 25, 1972 This BOND is one of a Series dated as of JULY 19 1972 authorized and issued in the principal amount of $185,000 FOR THE PURPOSE OF ACQUIRING AND CONSTRUCTING A DISPOSAL SYS- TEM, CONSISTING OF FACILITIES FOR DISPOSING OF SEWAGE AND OTHER WASTE, INCLUDING TREATMENT FACILITIES, TO SERVE THE CITY OF NEDERLAND. ANY OUTSTANDING BONDS of this Series may be redeemed prior to their scheduled matu- rities, on any date, at the option of said Authority, in whole, or in part, for the prin- cipal amount thereof and accrued interest thereon to the date fixed for redemption. Prior to the date fixed for any such redemptioi; said Authority shall cause a written notice of such redemption to be delivered to the "Paying Agent ", and by the date fixed for any such redemption due provision shall be made with the "Paying Agent" for the payment of the prin- cipal amount of the Bonds which are to be so redeemed and accrued interest thereon to the date fixed for redemption. If such written notice of redemption is delivered, and if due provision for such payment is made,, all as provided above, the Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the bearer to receive the redemption price from the "Paying Agent" out of the funds provided for such payment. IT IS HEREBY certified and covenanted that this Bond has been duly and validly au- thorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authoirzation, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation; and that the principal of and interest on this Bond are payable from, and secured by a first lien on and pledge of, the Authority's Gross Revenues from a Waste Disposal Contract between said Authority and the City of Nederland, Texas. SAID AUTHORITY has reserved the right, subject to the restrictions stated in the Resolution authorizing this Series of Bonds, to issue additional parity revenue bonds which also may be made payable from and secured by a first lien on and pledge of, the aforesaid Gross Revenues. SAID AUTHORITY also has reserved the right to amend the Resolution authorizing this Series of Bonds, with the approval of the holders of two- thirds of the outstanding Bonds, subject to the restrictions stated in said Resolution. THE HOLDER HEREOF shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. IN WITNESS WHEREOF, this Bond and the interest coupons appertaining hereto have been signed with the facsimile signature of the President of the Board of Directors of said Authority, and countersigned with the facsimile signature of the Secretary of said Board of Directors, and the official seal of said Authority has been duly impressed, or placed in facsimile, on this Bond. xxxxxxxxxxxxxx xxxxxxxxxxxxx Secretary, Board of Directors President, Board of Directors FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. 120 Minutes continued - July 25, 1972 Witness my signature and seal this xxxxxxxxxxxxxx Comptroller of Public Accounts of the State of Texas 1 FORM OF INTEREST COUPON: NO. $ ON 1, 19_, SABINE RIVER AUTHORITY OF TEXAS promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the Bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at NEDERLAND STATE BANK, NEDERLAND, TEXAS. said amount being interest coming due that day on the Bond, bearing the number hereinafter designated, of that issue of SABINE RIVER AUTHORITY OF TEXAS - CITY OF NEDERLAND, WASTE DISPOSAL CONTRACT REVENUE BONDS, SERIES 1972, DATED JULY 1, 1972. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Bond No. xxxxxxxxxxxx xxxxxxxxxxxxx Secretarv, Board of Directors President, Board of Directors Section 7. PLEDGE. That the Bonds, and the interest thereon, are and shall be payable from the secured by an irrevocable first lien on And pledge of all of the revenues or payments received by the Authority under the Contract (hereinafter called the "Gross Revenues "), and said Gross Revenues are further pledged irrevocably to the establishment and maintenance of the Funds hereinafter created. Section 8. SPECIAL FUNDS. That all Gross Revenues or payments received by the Authority under the Contract shall be kept separate and apart from all other funds of the Authority, and the following special Funds are hereby created and shall be estab- lished and maintained in an official depository bank of the Authority, so long as any of the Bonds, or interest coupons appertaining thereto, are outstanding and unpaid: (a) the Revenue Fund; (b) the Interest and Sinking Fund. Section 9. REVENUE FUND. All Gross Revenues or payments received by the Authority under the Contract shall be deposited as received by the, Authority into'the Revenue Fund, and shall be deposeited from the Revenue Fund, as hereinafter provided. Section 10. INTEREST AND SINKING FUND. There shall be deposited into the Interest and Sinking Fund the following: (a) immediately after the delivery of the Bonds, all accrued interest and any premium from the proceeds from the sale of the Vonds shall be deposited into I the credit of the Interest and Sinking Fund, and shall be used for paying Interest on the Bonds. (b) on or before December 25, 1972, and semi - annually thereafter on or before each June 25 11 and December 25b1, an amount equal to the principal and /or interest coming due on the Bonds on the next succeeding interest payment date. Minutes continued - July 25, 1972 1 �4 1 Section 11. USE OF INTEREST AND SINKING FUND. The Interest and Sinking Fund shall be used to pay the principal of and interest on the Bonds as such principal matures and such interest comes due. 'Section 12. AUTHORITY'S EXPENSES. Immediately following each semi - annual deposit from the Revenue Fund into the Interest and Sinking Fund, the amounts remaining in the Revenue Fund will be withdrawn and used by the Authority to pay its expenses attributable to the Bonds and the disposal system acquired and constructed with the proceeds from the sale of the Bonds. Section 13. INVESTMENTS. Money in any Fund created by this Resolution may be placed in time deposits or be invested in direct obligations of the United States of America; obligations which, in the opinion of the Attorney General of the United States, are general obligations of the United States and backed by its full faith and credit; all obligations guaranteed by the United States of American; evidences of indebtedness of the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, or Federal national Mort -age Association. Any obligation in which money is so invested shall be kept and held in an official depository bank of the Authority for the benefit of the holders of the Bonds, and shall be promptly sold and the proceeds of sale applied to the making of all payments required to be made from the Fund from which the investment was made. Section 14. DEFICIENCIES IN FUNDS. If the Authority should fail at any time to deposit into any Fund created by this Resolution the full amounts required, amounts equiv- alent to such deficiencies shall be set apart and paid into said Funds from the first avail - albe Gross Revenues, and such payments shall be in addition to the amounts otherwise required to be deposited into said Funds. Section 15. SECURITY FOR FUNDS. All Funds created by this Resolution shall be 'secured in the manner and to the fullest extent permitted or required by law for the security of public funds; and such Funds shall. be used only for the purposes and in the manner permitted or required by this Resolution. Section 16. COMPLETION BONDS. The Authority reserves the right to issue additional parity revenue Bonds only in such amounts as are required for the purpose of completing the acquisition and construction of the disposal system for which the Bonds are being issued, in accordance with the "Engineering Report" of the "Consulting Engineers ", and the pre- sently approved plans and specifications therefor, as provided in the Contract in the event that the proceeds from the sale of the Bonds are insufficient. Such additional parity revenue Bonds shall be considered, constitute, and be defined as "Bonds ", for all purposes of this Resolution and the Contract, and when issued and delivered, they shall be payable from and secured by a first lien on and pledge of the Gross Revenues, in the smae manner and to the same extent as the other Bond_;; and all of the Bonds shall in all respects be on a parity and of equal dignity. The additional parity revenue Bonds may be issued in one or more installments or series, provided, however, that no such installment or series shall be issued unless: (a) a certificate is executed by the President and Secretary of the Board of Directors of the Authority to the effect that no default exists in connection with any of the covenants or requirements of the resolution or resolutions authorizing the issuance of all then out- standing Bonds, and that the Interest and Sinking Fund contains the amount then required by this Resolution to be on deposit therein; (b) the "Consulting Engineers" under the Contract execute a certificate to the effect that such installment or series of Bonds is required in order to complete the acquisition and construction of the disposal system as provided above; (c) the resolution authorizing the issuance of such installment or series of Bonds shall provide for the payment of the principal of and interest on such Bonds; 122 Minutes continued - July 25, 1972 (d) the governing body of the City passes an ordinance or adopts a resolution approving a substantial draft of the resolution authorizing the issuance of such install- ment Ior series of Bonds. Section 17. ACCOUNTS AND RECORDS. The Authority shall keep proper books of records and accounts, separate from all other records and accounts of the Authority, in which complete and correct entries shall be made of all transactions relating to the Con- tract. The Authority shall have said books audited once each Authority fiscal year by a Certified Public Accountant. Section 18. ACCOUNTING REPORTS. As soon as practicable after the close of each Authority fiscal year hereafter, the Authority will furnish, without cost, to any holder of any outstanding Bonds who may so request, a signed or certified copy of a report by the State Auditor of the State of Texas, or any Certified Public Accountant, covering the next preceding fiscal year, showing the following information: (a) A detailed statement of all Gross Revenues; (b) Balance sheet as of the end of said fiscal year; (c) Accountant's comment regarding the manner in which the Authority has complied with the requirements of this Resolution and his recommendations, if any, for any changes or improvements. Section 19. INSPECTION. Any holder or holders of any Bonds shall have the right at all times to inspect all records, accounts, and data of the Authority relating to the Contract and the Funds created by this Resolution. Section 20. SPECIAL COVENANTS. The Authority further covenants as follows: (a) that other than for the payment of the Bonds herein authorized, the Gross I Revenues have not in any manner been pledged to the payment of any debt or obligation of the Authority. (b) that while any of the Bonds are outstanding, the Authority will not, with the exception of the additional parity revenue Bonds expressly permitted by this Resolution to be issued, additionally encumber the Gross Revenues. (c) that the Authority will carry out all of its obligations under the Contract; and when or if necessary will promptly enforce and cause the City to carry out all of its obligations under the Contract, for the benefit of the Authority and the holders of the Bonds, by all legal and equitable means, including the use of mandamus proceedings against the City. Section 21. BONDS ARE SPECIAL OBLIGATIONS. The Bonds shall be special obligations of the Authority payable solely from the pledged Gross Revenues, and the holder or holders of the Bonds shall never have the right to demand payment thereof out of funds raised or to be raised by taxation. Section 22. AMENDMENT OF RESOLUTION. (a) The holders of Bonds aggregating in principal amount two - thirds of the aggregate principal amount of then outstanding Bonds shall have the right from time to time to approve any amendment to this Resolution which may be deemed necessary or desirable by the Authority, provided, however, that nothing herein con- tained shall permit or be construed to permit the amendment of the terms and conditions in this Resolution or in the Bonds so as to: (1) Make any change in the maturity of the outstanding Bonds; (2) Reduce the rate of interest borne by any of the outstanding Bonds; , (3) Reduce the amount of the principal payable on the outstanding Bonds; (4) Modify the terms of payment of principal of or interest on the outstanding Bonds, or impose any conditions with respect to such payment; (5) Affect the rights of the holders of less than all of the Bonds then outstanding; 12)3 Minutes continued - July 25, 1972 (6) Change the minimum percentage of the principal amount of Bonds necessary for ' consent to such amendment. (b) If at any time the Authority shall desire to amend the Resolution under this Section, the Authority shall cause notice of the proposed amendment to be published in a financial newspaper or journal published in the State of Texas, once during each calendar week for at least four successive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agent for inspection by all holders of Bonds. Such publication is not required, however, if notice in writing is given to each holder of Bonds. (c) Whenever any time not less than thirty days, and within one year, from the date of the first publication of said notice or other service of written notice the Authority shall receive an instrument or instruments executed by the holders of at least two - thirds in aggregate principal amount of all Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substatiaily the same form. (d) Upon the adoption of any amendatory resolution pursuant to the provisions of this Section, the Resolution shall be deemed to be amended in accordance with such amendatory resolution, and the respective rights, duties, and obligations under the Resolution of the Authority and all the holders of then outstanding Bonds shall thereafter be determined, exercised, and enforced hereunder, subject in all respects to such amendments. (e) Any consent given by the holder of a Bond pursuant to the provisions of this Article shall be irrevocable for a period of six months from the date of the first pub- lication of the notice provided for in this Section, and shall be conclusive and binding ' upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of the first publication of such notice by the holder who gave such consent, or by a successor in title, by filing notice thereof with the Paying Agent and the Authority, but: such revocation shall not be effective if the holders of two - thirds aggregate principal amount of the then outstanding Bonds as in this Section defined have, prior to the attempted revocation, consented to and approved the amendment. (f) For the purpose of this Section, the fact of the holding of Bonds by any Bond- holder and the amount and numbers of such Bonds, and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder, or by a certificate executed by any trust company, bank, banker, or any other depositary wherever situated showing that at the date therein mentioned such person had on deposit with such trust company, bank , banker, or other depositary, the Bonds described in such certificate. The Authority may conclusively assume that such ownership continues until written notice to the contrary is served upon the Authority. Section 23. CONSTRUCTION FUND. That in accordance with the Contract, and immedi- ately after the sale and delivery of the Bonds, the Authority shall deposit from the pro- ceeds from the sale of the Bonds into a special Construction Fund the sum of $178,000.00. Said Construction Fund shall be established, drawn on, and used in the manner provided in the Contract, to pay the costs of acquiring and constructing the Authority's part of the disposal system for which the Bonds are being issued, subject to the requirement that each expenditure from the Construction Fund must be approved by the "Consulting Engineers" named in the Contract prior to the making of such expenditure. ' Section 24. APPROVAL AND REGISTRATION OF BONDS. That the President of the Board of Directors of the Authority is hereby authorized to have control of said Bonds and all ne- cessary records and proceedings pertaining to said Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon regis- 124 Minutes continued - July 25, 1972 tration of said Bonds, said Comptroller of Public Accounts (or a deputy designated in writ- ing to act for said Comptroller) shall manually sign the Comptroller's Registration Certif- icate prescribed herein to be printed and endorsed on each Bond, and the seal of said Comp- troller shall be impressed, or printed, or lithographed on each of said Bonds. Section 25. NO ARBITRAGE. That the Authority hereby covenants that the proceeds from the sale of said Bonds will be used as soon as practicable for the purpose for which said Bonds are issued; that such proceeds will not be invested in any securities or obliga- tions except for the temporary period pending such use; and that such proceeds will not be used directly or indirectly so as to cause all or any part of said Bonds to be or become "arbitrage bonds" within the meaning of Section 103(d) of the Internal Revenue Code of 19549 as amended, or any regulations or rulings prescribed or made pursuant thereto. Section 26. EMERGENCY. That it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meet- ing at which this Resolution is adopted, such emergency or urgent public necessity being that the proceeds from the sale of said Bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252 -17. Section 27. SALE OF BONDS. That the Bonds are hereby sold, in accordance with law, and shall be delivered to Emerson d Company, for the price of par and accrued interest to the date of delivery. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve final acceptance of water and sewer utilities in Weschester Addition No. 2 and authorize final payment from ' Developers' Escrow Account to H. W. McCurley in the amount of $3,900.98. All Voted Aye. The meeting was adjourned at 7 :00 P.M. T. E. Lee, Jr., ,ayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: W. E. Sanderson, City Attorney City of Nederland, Texas H 0 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 8, 1972 IThe meeting was called to order at 6 :30 p.m. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve Minutes of the previous meeting as written. All Voted Aye. A sealed bid was opened from Cureton and Son in the amount of $103.00 for moving and cleaning of ten lots or tracts in accordance with Ordinance 78. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to award bid to Cureton & Sons for $103.00 in accordance with the following Resolution. All Voted Aye. RESOLUTION WHEREAS, certain property owners within the limits of the City of Nederland are in violation of City Ordinance 78, in that they have allowed weeds, grass and brush to grow well over a height of six inches from the ground; WHEREAS, in compliance with Ordinance 78, the Fire Chief of the City of Nederland gave proper notice to the property owners of the herein described property, that unless Ordinance 78 was complied with, within ten (10) days, the City of Nederland would have ' the weeds, grass and brush cut and all costs, plus 10% interest would be adjudged against the owner of the property herein described, and a lien placed on the said property for said monies; WHEREAS, the owners of the herein described property, to -wit: Lots 21 & 22, Block 28, Hillcrest -1 Lots 5 & 6, Block 13, Johnson Lot 15, Block 1, Hillcrest -2 Lot 6, Block 2, Hilltop -2 Lot 5 & SW � of 4, Block 6, Johnson Section 15, Tract 8, T. & N. 0. Lot 13, Block 16, Hillcrest -1 have not complied with Ordinance 78; WHEREAS, it is now necessary for the City of Nederland to cause the weeds, grass, and brush to be cut on the herein described property and a lien placed upon the property as provided by the City Ordinance and the laws of the State of Texas; WHEREAS, since the City of Nederland does not have the proper equipment to perform such work, it is necessary to enter into an agreement with a private contractor to do such work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: ' That the Mayor be and he is hereby authorized to execute in behalf of the City of Nederland, an agreement with Cureton and Son to cut the weeds, grass and brush on the ' herein described property for a total consideration of $103.00 and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. 1l6 Minutes continued - August 8, 1972 PASSED by the City Council this 8th day of August, 1972. S /T. E. LEE, JR. ' T. E. Lee, Jr. Mayor City of Nederland, Texas ATTEST: S/ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas Approximately twelve people were present to protest the rezoning from Residential to Com- mercial of a portion of the 2700 Block of Avenue H. Six persons voiced opposition. Mr. Tortorice, owner of the property being considered, spoke for rezoning. A motion was made by Mr. Lee and seconded by Mr. Gillespie to table action on an Amend- ' ment to Ordinance No. 146 which would rezone property located in the 2700 Block of Ave- nue H from Residential to Commercial until the next meeting in order to allow sufficient time for three publications of the legal notice in the newspaper. All Voted Aye. A Public Hearing was conducted on the 1972 -1973 Fiscal Budget, and no opposition was made known. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the budget as submitted and to adopt the following Ordinance No. 274, all in accordance with Article VII of the City Charter. All Voted Aye. ORDINANCE NO. 274 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERN- MENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1972, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DELINQUENT TAXES: AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. SECTION I That there is hereby levied and there shall be collected for the use and support of the ' Municipal Government of the City of Nederland, Texas, and to provide interest and sink- ing funds for the year Nineteen- Hundred and Seventy -Two (1972) upon all property, real, personal and mixed within the corporate limits of the said City, subject to taxation. A tax of One Dollar and Sixty -Two Cents (1.62) on each One- Hundred ($100.00) Dollars 1 1 =A C 1 Minutes continued - August 8, 1972 valuation of property said tax being levied and apportioned to specific purposes herein set forth, (a) For the purpose of paying interest and principal on the One- Hundred - Seventy Thousand ($170,000,00) Dollar Street Improvement Bond, Series 1948, 1,74% of each One ($1.00) Dollar levied on the 1972 Tax Roll, (b) For the purpose of paying interest and principal on the Sixty Thousand ($60,000,00) Dollar Sewer Tax Bonds, Series 1943, .35% of each One ($1,00) Dollar levied on the 1972 Tax Roll. (c) For the maintenance and support of General Government (General Fund) 55,30% of each One ($1.00) Dollar levied on the 1972 Tax Roll. (d) For the purpose of paying interest and principal on Seventy Thousand ($70,000,00) Dollar Water Works Tax Bonds, Series 1956, 1.00% of each One ($1.00) Dollar levied on the 1972 Tax Roll, (e) For the purpose of paying interest and principal on Sixty -Five Thousand Five Hundred ($65,500.00) Dollar Fire Station Bonds, Series 1957, ,79% of each One ($1.00) Dollar levied on the 1972 Tax Roll. (f) For the purpose of paying interest and principal on the Seven - Hundred Seventy - Five Thousand ($775,000 „00) Dollar Water & Sewer Improvement Bonds, Series 1959, 6,81% of each One ($1.00) Dollar levied on the 1972 Tax Roll, (g) For the purpose of paying interest and principal on Three - Hundred Twenty -Five Thousand (325,000.00) Dollar Water & Sewer Improvement Bonds, Series 1960, 3.11% of each One ($1.00) Dollar levied on the 1972 Tax Roll, (h) For the purpose of paying interest and principal on Two - Hundred Twenty -Five Thousand ($225,000.00) Dollar Water & Sewer Improvement Bonds, Series 19619 2.13% of each One ($1,00) Dollar levied on the 1972 Tax Roll. (i) For the purpose of paying interest and principal on the Twenty Thousand ($20,000.00) Dollar Fire Station Bonds, Series 1962, .20% of each One ($1.00) Dollar levied on the 1972 Tax Roll. (j) For the purpose of paying interest and principal on the Five - Hundred Thousand ($500,000.00) Dollar Street Improvement Bonds, Series 1962, 4.70% of each One ($1.00) Dollar levied on the 1972 Tax Roll. (k) For the purpose of paying interest and principal on the Three Hundred Thousand ($300,000.00) Dollar Street Improvement Bonds, Series 1963, 2,93% of each One ($1.00) Dollar levied on the 1972 Tax Roll, (1) For the purpose of paying interest and principal on the One Million Eighty Thousand ($1,080,000.00) Dollar Street Improvement Bonds, Series 1967, 8,76% of each One ($1.00) Dollar levied on the 1972 Tax Roll. (m) For the purpose of paying interest and principal on the Four - Hundred Fifty Thous- and ($450,000.00) Dollar Street Improvement Bonds, Series 1969, 6.67% of each One ($1.00) Dollar levied on the 1972 Tax Roll. (n) For the purpose of paying interest and principal on the Three - Hundred Fifty Thousand ($350,000,00) Dollar Sewer Improvement Bonds, Series 1970, 5.51% of each One ($1.00) Dollar levied on the 1972 Tax Roll. SECTION II All Taxpayers shall be allowed no discounts for the advance payment of their ad valorem taxes due the City of Nederland for the assessment year 1972. SECTION III That the ad valorem taxes herein levied for the year 1972 shall become due January 1, 19739 1l (lj Minutes continued - August 8, 1972 though payable on the first day of October, 1972, and may be paid up to and including the following January 31, 1973, without penalty; but, if not paid, such taxes shall become I delinquent on the following day, February 1, 1973, and the following penalties shall be payable thereon to -wit: If paid during the month of February, one (1 %) percent; if paid during the month of March, two (2 %) percent; if paid during the month of April, three (3 %) percent; if paid during the month of May, four (4 %) percent; if paid during the month of June, five (5 %) percent; and if paid on or after the 1st day of July, 1973, eight (8 %) per- cent penalty. Such unpaid taxes shall bear interest rate of 6% per annum from February 1, 1973, the same being the next year succeeding the year 1972; and if paid on or after the 1st day of July, 1973, 6% interest; for which such taxes are thereby levied or assessed. Tax cost shall be One ($1.00) Dollar. SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1973, and shall be paid and collected as provided in Section 2 and 3 hereof. PASSED AND APPROVED BY A UNANIMOUS VOTE of the City Council of the City of Nederland at its Regular Meeting of the said Council this 8th day of August, 1972. ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas , A motion was made by Mr. Lee and seconded by Mr. Nugent to table action on a request for a refund of $573.69 to Junior Football League for expense in connection with Service Center Playing Field and to request that the people concerned meet in an effort to improve the facilities with participation by the City. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize Bernard Johnson Associates, Inc., Houston, to prepare a feasibility study of combining some police functions in Nederland, Port Neches, Groves at expense of Criminal Justice Council. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize Robert Caldwell and Associates, Inc., Bryan, to prepare a Comprehensive Plan for Nederland, Port Neches, and Groves under the Federal 70). Grant Program through the State of Texas Department of Community Affairs - one -third local, two - thirds federal cost. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of Es- , timate No. 3 to Barco Painting, Inc., for two water tower paintings in the amount of $2,100.00. All Voted Aye. ]_�4y I Minutes continued - August 8, 1972 A motion was made by Mr. Lee and seconded by Mr. LeBlanc to table action authorizing in- stallation of street lights at several locations in order that the City Manager may make further study and recommendation at a later date. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the attendance and expenses of two employees to `.southeast Texas Regional Water Utilities Short School, Lamar University, August 23 -25, 1972. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve payment of bills for the month of July in the amount o:E $9,614.11 by General Fund Checks Nos. 2142 -2175 and $12,071.43 by Water Fund Checks Nos. 08453 - 08475; and, Barnette Construction Company for Estimate No. 2 on street overlay work, $3,550.00. All Voted Aye. The meeting was adjourned at 9:20 p.m. T. E. Lee, Jr., May r City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas �L 11-i1) REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 22, 1972 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. , Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to deny the rezoning from residential to commercial of a portion of the 2700 Block of Avenue H. Messers Gillespie and Nugent voted Aye. Messers Lee, LeBlanc, and Sawyer voted No. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the recommendation of the Planning Commission to rezone from residential to commercial Lots 1, 29 3, and 4. Block 2, Hillcrest Second Addition. Messers Gillespie and Nugent voted No. Messers Lee, Sawyer, and LeBlanc voted Aye. This motion was disapproved because of the requirement of Ordinance No. 146 requiring a 3/4 majority vote. This is due to the petition by 20% of adjacent property owners' in opposition to the proposition. A motion was made by Mr. Lee and seconded by Mr. Sawyer to lease the Opportunity Center building, 920 Boston Avenue, for use as a Child Day Care Center with a 30 -day cancella- tion clause, $50.00 per month and payment of the electric and gas bill and the City will furnish the water and sewer. All Voted Aye. A RESOLUTION WHEREAS, the City of Nederland is the owner of the Opportunity Center building and premises thereat, located at 920 Boston Avenue, Nederland, Texas; and WHEREAS, the Boston Avenue Church is desirous of leasing the building and premises to be used as a Child Day Care Center, and the city is desirous of leasing same; and WHEREAS, the City of Nederland has agreed to enter into a lease agreement with Boston Avenue Church; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND That the Mayor is hereby authorized to execute a lease agreement with Boston Avenue Church for a period of one (1) year for a lease amount of $50.00 per month, beginning on the 22nd day of August, 1972, and the City Secretary is authorized to attest to same and affix the seal of the City of Nederland to said lease. PASSES by the City Countil this 22nd day of August, 1972. CITY OF NEDERLAND T. E. Lee, Jr ATTEST: Betty Hi , Acting City Secretary City of ederland, Texas 1 1 1;J 1 Minutes continued - August 22, 1972: THE STATE OF TEXAS I COUNTY OF JEFFERSON 4 ON THIS THE 22nd day of August:, 1972, the City of Nederland, Jefferson County, Texas, by and through its duly elected officers, hereinafter referred to as Lessor, have entered into the following Contract and Agreement with the Boston Avenue Church, 624 Ninth Street, acting by and through its Board of Directors, hereinafter referred to as Lessee, to -wit: The premises to be leased is the Opportunity Center building and fenced premises lo- cated at 920 Boston Avenue, Nederland, Texas. The term of the lease shall be for one (1) year, beginning on the 22nd day of August, 1972. For and in consideration of this lease, Lessee shall pay to Lessor $50.00 per month. The Opportunity Center building and fenced premises is to be leased to the Lessee, to be used as a child day care center; primarily as a necessity and convenience to working mothers. There shall be no alcoholic beverages sold or consumed on the premises. The Lessee must allow the public to have the right of ingress and egress to the leased premises from 7:00 P.M. until 10:00 P.M. each night. The Lessee must keep a public liability insurance policy in effect for a minimum of $100,000.00 coverage to the City of Nederland and hold the City of Nederland harmless from any injury sustained on the leased premises and furnish the City of Nederland a copy of said policy. All parties to this Agreement agree that either party may cancel this lease Agreement by giving the other party 30 days written notice. Such written notice shall be mailed to the City of Nederland, P. 0. Box 967, Nederland, Texas 77627, and Boston Avenue Church, 624 Ninth Street, Nederland, Texas 77627. The Lessee herein shall not make any alterations to the leased premises without first obtaining written permission from the Lessor. The Lessee shall pay the electricity and natural gas utilities as they become due and payable on the leased premises. The Lessor will furnish water and sewer and garbage. WITNESS OUR HANDS this the 22nd day of August, 1972. CITY OF NEDERLAND S /T. E. LEE, JR. T. E. Lee, Jr., Mayor ATTEST: S /BETTY HILL Betty Hill, Acting City Secretary City of Nederland, Texas S/WILLIE BENOIT Willie Beniot, Chairman Boston Avenue Church ATTEST: S /JOYCE ALBRITTON Joyce Albritton, Secretary 132 Minutes continued - August 22, 1.972 THE STATE OF TEXAS � COUNTY OF JEFFERSON 0 ' BEFORE ME the undersigned authority on this day personally appeared T. E. Lee, Jr., Mayor of the City of Nederland, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated. GIVEN UNDER BY HAND AND SEAL OF OFFICE this 25th day of August, 1972. S /MARGARET WEITZEL Notary Public in and for Jefferson County, Texas THE STATE OF TEXAS 0 COUNTY OF JEFFERSON D BEFORE ME the undersigned authority on this day personally appeared Willie Benoit, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated. GIVEN UNDER BY HAND AND SEAL OF OFFICE this 25tb day of August, 1972. S /ARABELLE ADAMS , Notary Public in and for Jefferson County, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve final acceptance of painting project of two water towers and final payment of estimate #4 to Barco Painting, Inc., in the amount of $1,613.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve advertisement for bids to be received 6:30 P.M., September 12, 1972, for improvement of 1400 Block of Kent Avenue to the G.S.U. Right -of -Way, to Ordinance 121, Class 2, specifications. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve the amendment to Or- dinance 216 providing for a change in employees' retirement plan as budgeted. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 216 THE TEXAS MUNICIPAL RETIREMENT SYSTEM PARTICIPATION ORDINANCE AN AMENDMENT PROVIDING FOR THE INCREASE IN DEPOSITS TO BE MADE TO THE TEXAS MUNICIPAL RE- TIREMENT SYSTEM. BE IT ORDAINED BY THE CITY COUNCIL OF NEDERLAND, TEXAS: Section 4. ' In accordance with the provisions of the statute, the deposits to be made to the Texas Municipal Retirement System on account of current service of the employees are hereby fixed Minutes continued - August 22, 1972 lf'M 1 1 ATTEST: S /BETTY HILL Betty Hill, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas S /T. E. LEE JR, T. E. -Lee, Jr,, Mayor City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve two 3300 lumen mercury vapor street lights to be installed on Canal Street, corner of 30th Street and 32nd Street, All Voted Aye. Meeting was adjourned at 7:25 P.M. 4ATTTFES, Acting City Secretary City of Nederland, Texas T, E, Lee, Jr M or City of Nederland, Texas at the rate of five percent (5 %) of the earnings of each employee, the deposits to be made on and in determining account: of such service the earnings of employee of any such department -in excess of the sum of Thirty any employee of any ($3,600.00) in any one year shall not Six be Hundred Dollars Passed and approved -this the 22nd 1, considered. day of August, 1972, to become 1972, effective October 1 1 ATTEST: S /BETTY HILL Betty Hill, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas S /T. E. LEE JR, T. E. -Lee, Jr,, Mayor City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve two 3300 lumen mercury vapor street lights to be installed on Canal Street, corner of 30th Street and 32nd Street, All Voted Aye. Meeting was adjourned at 7:25 P.M. 4ATTTFES, Acting City Secretary City of Nederland, Texas T, E, Lee, Jr M or City of Nederland, Texas 134 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 12, 1972 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Mr. R. A, Nugent, and Mr, Sam Gillespie. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve Minutes of the pre- vious meeting as written, All Voted Aye._ Presentation was made of a $653.00 Walkie Talkie Radio Unit by Russell Fontenot, President of the Volunteer Fire Department, to Mayor Lee and Chief Cormier representing the City of Nederland regular Fire Department, Sealed bids were received and opened for street improvements along 1400 Block of Kent Ave- nue. Bids received were from F. Gatlin Asphalt Co., $16,716.00 and $10,447.00; and Trotti- Thompson, $12,983.00 and $12,384.00. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer street improvement bids to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to accept an easement from Percy G. Taylor for utilities in Taylor Heights Addition. All Voted Aye. Quotations were opened and read for fence re- erection around City Service Center and yard ' area. Qyotations and amounts were Haven Fence Co., $2,624.00; Hagan Fence, $3,200.00; Discount Fence, $19629.05; Curtis Farrer Fence, $1,376.04; and Hinds Quality Fence, $1,670.00. A motion was made by Mr. Lee and seconded by Mr. Nugent to refer fence quotations to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize influenza im- munization vaccinations for city employees, 30 @ $4,009 $120.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve Jerry B. Burrows, Certified Public Accountant, to perform the annual audit for 1971 -1972 Fiscal Year in ac- cordance with his letter of September 8, 1972. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve dispatching during fire emergencies only for fire department by Mid - County Dispatching Association commencing October 1, 1972, as recommended by Chief Cormier, All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to adopt the following Amend- ment to Ordinance No. 107, All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 , AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATED TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. Minutes continued - September 12, 1972 1,43 e) WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including required Stop Signs and Parking Rules: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - STOP SIGNS A Stop Sign shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP West Atlanta Drive at 31st Street Section 2 - NO PARKING Parking shall be prohibited along the East side of Hardy Avenue from Avenue B to Avenue C. Section 3 - PENALTY Any person who-violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall-on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. T E LEE JR. /S T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/W. E. SANDERSON W. E. Sanderson, City Attorney ' City of Nederland, Texas Section 4 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the pro- visions of this Ordinance are hereby expressly repeated. PASSES AND APPROVED by the City Council of the City of Nederland, Texas, on this the 12th day of September, A.D., 1972. T E LEE JR. /S T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/W. E. SANDERSON W. E. Sanderson, City Attorney ' City of Nederland, Texas 136 Minutes continued - September 12, 1972 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorized the annual transfer from the Water Fund to the General Fund in the amount of $41,135.00 in accor- dance with the City Charter. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize receipt of bids 6:30 P.M., October 10th, for mowing and clearing of 12 lots to specifications of Ordinance No. 78. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve and accept the 1972 Assessment Rolls for the City in the amount of $36,023,918.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize police escort of Nederland High School buses to out of town football games. All Voted Ave. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of monthly bills for August in the amount of $45,504.42 by General Fund Checks No. 2207 -2270, and $120456.31 by Water Fund Checks No. 8491 -8528 and monthly estimates to contractors and consulting engineers: Barnette Construction Co., Estimate No. 3, $13,882.00; Port City Construction Co., Estimate No. 1, $10,975.00; Engineer's service, Summer Road Program, $356.15; Engineer's service, water and sewer in Clayton Addition, $131.13. All Voted Aye. Mr. Donald Gooch, 2903 Avenue L. requested further study of erosion of his property into the ditch at Avenue L and South 29th Street. He was told that a study would be made of this condition. I The meeting was adjourned at 8:05 P.M. �„ 6��_ T. E. Lee, Jr., M or City of Nederland, Texas ATTEST: �� , , ���L Alta Fletcher, City Secretary City of Nederland, Texas 1-1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 26, 1972 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to award bid on 1400 Block of Kent Avenue black- topping by Ordinance No. 121 standards to Gatlin Asphalt Co. on bid of $10,447.00 plus $1,000.00 engineering cost; $7,631.33 by owner and $3,815.67 by City. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award fencing quotation to re -erect fencing around Service Center and Waste Disposal Plant to Discount Fence Co. on bid of $1,629.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the following Amend- ment to Ordinance No. 164 setting Regular Council Meeting dates until April of 1973. All Voted Aye. AMENDMENT TO ORDINANCE NO. 164 IN FULL AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINtS TO BE HELD FROM OCTOBER 1, 1972, THROUGH APRIL 10, 1973. NOW, THEREFORE, BE IT ORDAINED B1 THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P.M. on each of the following dates: October 10th and 24th November 7th and 28th December 12th and 26th January 9th and 23rd February 13th and 27th March 13th and 27th April 10th PASSED AND APPROVED by the City Council at a regular meeting, this the 26th day of Sep- tember, 1972. ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/W. E. SANDERSON W. E. Sanderson, City Attorney Citv of Nederland. Texas S /T. E. LEE JR. T. E. Lee, Jr., Mayor City of Nederland, Texas 138 Minutes continued - September 26, 1972 A motion was made by Mr. Lee and seconded by Mr. LeBlanc to approve installation of used concrete tile on end of storm sewer along South 29th Street and on a portion of South 27th I Street near Avenue "M ". All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve, subject to approval as to legality by the City Attorney, an Agreement between Nederland, Port Neches and Groves (Mid - County Public Safety Association) with Bernard Johnson, Inc., for study of feasibility of combining some of the police functions of these entities. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payments to Charles R. Haile Associates, Inc., for engineering and painting of water towers, $1,459.91 and en- gineering and participation drainage jobs with Drainage District No. 7, $234.28. All Voted Aye. The meeting was adjourned at 7:00 P.M. AL T. E. Lee, Jr., Ma or City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 139 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 10, 1972 The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Mr. R. A, Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve Minutes of the pre- vious meeting as written. All Voted Aye. Only one bid was received for mowing and cleaning of vacant lots in accordance with Ordi- nance 78. The bid was from Cureton and Son and was in the amount of $121.00. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to award bid to Cureton and Son on the basis of bid submitted in the amount of $121.00 for cutting of seven lots as advertised. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement for bids to be received 6 :30 P.M., November 7, for mowing and cleaning of nine lots in accordance with Ordinance 78. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve a Resolution re- questing a public hearing on the Taylors Bayou project. All Voted Aye. RESOLUTION BE IT HEREBY RESOLVED by the City of Nederland acting by and through its Mayor and City Council during a regularly convened meeting and authorizing the Mayor to sign this document on behalf of the City of Nederland, does hereby advise the following: I. That the City Council of the City of Nederland is in favor of calling for public hearings on the proposed Taylors Bayou Drainage and Flood Control Project. II. That significant changes have occurred in the values, benefits and costs of the pro- gram since the project was justifies by hearings in 1946. III. That it is in the best interests of the people of Jefferson County to hold public hearings at a convenient time and place in order to thoroughly re- assess the justification of this program. PASSED AND APPROVED by the City Council of the City of Nederland during a legally convened meeting, this the 10th day of October, A.D., 1972. Mr. Raymond Bennett, Manager of Southern Union Gas Company, was present to notify the Council of gas rate changes effective October 24 and October. 31, 1972, as detailed by letters of October 9 with attached Rate Schedules. All Voted Aye. Mr. Dan Tummins, representing the Sierra Club, was present to request the passage of a Resolution requesting a public hearing before the U.S. Corps of Engineers proceeds with planned waterway project along Taylors Bayou. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve a Resolution re- questing a public hearing on the Taylors Bayou project. All Voted Aye. RESOLUTION BE IT HEREBY RESOLVED by the City of Nederland acting by and through its Mayor and City Council during a regularly convened meeting and authorizing the Mayor to sign this document on behalf of the City of Nederland, does hereby advise the following: I. That the City Council of the City of Nederland is in favor of calling for public hearings on the proposed Taylors Bayou Drainage and Flood Control Project. II. That significant changes have occurred in the values, benefits and costs of the pro- gram since the project was justifies by hearings in 1946. III. That it is in the best interests of the people of Jefferson County to hold public hearings at a convenient time and place in order to thoroughly re- assess the justification of this program. PASSED AND APPROVED by the City Council of the City of Nederland during a legally convened meeting, this the 10th day of October, A.D., 1972. 140 October 10, 1972 - continued S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas Mr. Guy Woodrow, representing the Nederland Jaycees, requested passage of the following Resolution and recommended a thoroughfare R.O.W. clean -up program the third week of October. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve the following Resolu- tion and to pledge cooperation with the Jaycees in a Clean -up Program ending October 21. All Voted Aye. RESOLUTION WHEREAS, the City of Nederland is a growing, prosperous community which faces many challenges and opportunities in its continued development; and, WHEREAS, the youth of Nederland are in complete accordance with the Jaycees of said community; and, WHEREAS, meeting the challenges and opportunities of the future requires a cleaner environ- ment; and , WHEREAS, we recognize the urgent need to collect and dispose of all litter found upon the thoroughfares of our community. NOW THEREFORE, be it resolved by the Mayor and Council of the City of Nederland at their meeting of October 10, 1972, that this Council endorse and support the Nederland Jaycees in their project, Nederland Ecology Day, that being October 21, 1972; and, BE IT FURTHER RESOLVED that said Council issue a proclamation stating the above. PASSED AND APPROVED by the City Council of the City of Nederland, Texas on the 10th day of October, A.D., 1972. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the annual sidewalk program as presented at an estimated cost of $1,460.00 for materials. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept the Street Overlay ' Program and to approve payments as follows: Port City Construction, Inc., Estimate No. 29 $439902.00; Barnette Construction Co., Estimate No. 4, $13,748.00 ($10,062.28 from 1966 S.&D. Fund and $3,685.72 from General Fund); Southwestern Laboratory, Estimate No. 1, Continued - October 10, 1972 141 A motion was made by Mr. Gillespie and seconded by Mr. Lee to pass the following Resolution in tribute to Mr. Doris L. Turpin, retiring U.S. Corps of Engineers, Resident Engineer, All Voted Aye. RESOLUTION $112.00; Charles R. Haile Associates, Inc., Job 372 -10P, $426.15; and Charles R, Haile, Inc., WHEREAS, 369 -10D, $625.60, All Voted Aye. ' A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the attendance and expenses of Officer Homer Taylor to 27th Annual Armed Robbery Conference, Nashville, Ten- WHEREAS, nessee, October 24 -27. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to pass the following Resolution in tribute to Mr. Doris L. Turpin, retiring U.S. Corps of Engineers, Resident Engineer, All Voted Aye. RESOLUTION S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve payment of bills for the month of September in the amount of $36,659.89 by General Fund Checks Nos. 2302 -2346 and $13,831.37 by Water Fund Checks Nos. 8538 -0022. All Voted Aye. The meeting was adjourned at 8 :15 P.M. C� Csz T. E. Lee, Jr., Ma r City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas WHEREAS, the Nederland City Council desires to pay tribute to D. L. Turpin; and, WHEREAS, Mr. Turpin has contributed much time and unselfish effort in behalf of many citi- zens in Southeast Texas; and, WHEREAS, he has always cooperated with efforts of the City, County and State in the establish- ment of a greater place in which to live; and, WHEREAS, he has been our United States Resident Engineer for the past forty -one (41) years and always sincere, honest in all endeavors: NOW THEREFORE, be it resolved, that the City Council of the City of Nederland, as an ex- pression of thanks on behalf of the citizens of said City, commends and congratu- lates Mr. D. L. Turpin for his interest and for his loyal and outstanding service to Southeast Texas. PASSED AND APPROVED, by the City Council of the City of Nederland, Texas, on the 10th day ' of October, A.D., 1972. _S/T.E. LEE JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve payment of bills for the month of September in the amount of $36,659.89 by General Fund Checks Nos. 2302 -2346 and $13,831.37 by Water Fund Checks Nos. 8538 -0022. All Voted Aye. The meeting was adjourned at 8 :15 P.M. C� Csz T. E. Lee, Jr., Ma r City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 142 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 24, 1972 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. ' Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., R. A. Nugent, and Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the Minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table action for further study on approval of Ordinance No. 274 authorizing late payment charges to customers by Gulf States Utilities Company, 5% for first $50.00 and 2$ of additional amount, effective November 1, billing, as presented by Mr. Randy McAlpine, Division Manager. Mr. Lee voted No. Messrs. Sawyer, LeBlanc, Nugent and Gillespie Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to designate official city flower to be the blue tulip as recommended by the Diamond Jubilee Committee, Dan Marcontel, Chairman. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize advertisement and receiving of proposals for insurance coverage in accordance with specifications, 6:30 P.M., November 7, 1972. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to authorize advertisement for ' purchase of budgeted vehicles and equipment per specifications, 6:30 P.M., November 28, 1972. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize a Public Hearing to be held 6:30 P.M., November 28, in accordance with Ordinance No. 146 and 259, and rec- ommendation of the Planning Committee for a Mobile Home Park to be located at the corner of South 16th Street and F. M. 365. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize advertisement for bids to be received 6:30 P.M., November 28, for mowing and cleaning of ten (10) lots in accordance with Ordinance No. 78. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize removal of ten (10) street lights and replacement with ten (10) 20,000 lumen mercury vapor street lights as shown. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to authorize attendance and ex- penses of City Officials to Annual Texas Municipal League meeting in Dallas, November 12- November 15. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to grant preliminary approval of Helena Terrace Sub - Division as a Class One Addition per Ordinance No. 121 as recommended ' by the Planning Committee. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to adopt the following Amend- ment to Ordinance No. 107 authorizing "Stop" signs. All Voted Aye. Minutes continued - October 24, 1972 AN AMENDMENT TO ORDINANCE NO. 107 143 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS ' OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including required Stop Signs and Parking Rules: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - STOP SIGNS A Stop Sign shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP South 1� Street at Avenue D STOP South 1st Street at Avenue D STOP Avenue D at Texas Avenue Section 2 - NO PARKING Parking shall be prohibited along the South side of Avenue H from South 29th Street to 3005 Avenue H. ' Section 3 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section 4 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflect with any of the pro- visions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY the City Council of the City of Nederland, Texas, on this the 24th day of October, A.D., 1972. S /T. E. LEE JR. Thomas E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 144 Minutes continued - October 249 1972 The meeting was adjourned at 8 :20 P.M. 2 . T. E. Lee, Jr., Mavor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4 ,4 5 November 7, 1972 The meeting was called to order at 6:30 P.M, by Mayor T, E. Lee, Jr. ' Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve Minutes of the previous meeting as written. All Voted Aye. Proposals were received for furnishing insurance on city property, vehicles, etc., for the next three (3) year period as follows: Joiner Associates, Inc., $15,996.55; McNeill Insurance Co., $16,284.35; and Lucke Insurance, $16,661.25. A motion was made by Mr. Lee and seconded by Mr. Nugent to award bid for furnishing in- surance on city property, vehicles, etc., for the next three (3) year period to the low bidder, Joiner Associates, Inc. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to approve Ordinance No. 275 authorizing late payment charges to customers by Gulf States Utilities Company, 5% for first $50.00 and 2% of additional amount, effective December 1 billing. Mr. Nugent and Mr. Sawyer Voted No; Mr. LeBlanc and Mr. Lee Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize advertizement for bids to be received 6:30 P.M., December 12, 1972, for mowing and cleaning of eight ' lots in accordance with Ordinance No. 78. All Voted Aye. An oral- report presentation was made by Mr. Franklin Young, District Highway Engineer, concerning planned highway work in the Mid - County area. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to table action on approval of Resolutions and Agreements providing for extension of water and sanitary sewer ser- vices to a proposed Department of Corrections facility located outside the Nederland city limits until action has been taken by the Department of Corrections. All Voted Aye. Mr. Carroll Landry, 3303 Ave. D, submitted a petition of 76 signatures expressing opposition of this extension. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment to Bar- nette Construction Co. of Final Estimate Number Five for street overlay work in amount of $6,780.60. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve payment for work on Waste Water Treatment Plant, WPC- Tex -630, as follows: Port City Construction, Job 369 -1OD, Estimate 3, $83,000.00; Chas. R. Haile Associates, Inc., Job 369 -1OD, $946,20; and Southwestern Laboratories, Job 369 -1OD, $183.00, All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of bills for the month of October in the amount of $8,950.08 by General Fund Checks No. 2388 -2430, and $11,788.31 by Water Fund Checks No. 0049 -0078. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize the following Resolution assessing costs for cleaning of several vacant lots- tracts per Ordinance No, 78 and in accordance with bid submitted by Cureton and Son in the amount of $28.00. All Voted Aye. 146 Minutes continued - November 7, 1972 RESOLUTION WHEREAS, certain property owners within the limits of the City of Nederland are in ' violation of City Ordinance 789 in that they have allowed weeds, grass and brush to grow well over a height of six inches from the ground; WHEREAS, in compliance with Ordinance 78, the Fire Chief of the City of Nederland gave proper notice to the property owners of the herein described property, that unless Ordinance 78 was complied with, within ten (10) days, the City of Nederland would have the weeds, grass and brush cut and all costs, plus 10% interest would be adjudged against the owner of the property herein described, and a lien placed on the said property for said monies; WHEREAS, the owners of the herein described property, to -wit: Lot 13, Block 2, Hillcrest -1 Lot 130 Block 14, Hillcrest -1 Lot 3, Block 3, Burson Lots 5 and 6, Block 13, Hillcrest -1 have not complied with Ordinance 78; WHEREAS, it is now necessary for the City of Nederland to cause the weeds, grass and brush to be cut on the herein described property and a lien placed upon the property as provided by the City Ordinance and the laws of the State of Texas; WHEREAS, since the City of Nederland does not have the proper equipment to perform such work, it is necessary to enter into an agreement with a private contractor to do such work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: ' That the Mayor be and he is hereby authorized to execute in behalf of the City of Nederland, an agreement with Cureton and Son to cut the weeds, grass and brush on the herein described property for a total consideration of $28.00 and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 7th day of November, 1972. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas The meeting was adjourned at 8:15 P.M.` ' T. E. Lee, Jr., ayor ATTEST: City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas 147 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 28, 1972 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye, Sealed bids for equipment, less trade -ins, were opened and read from: Philpott Motors, Raiford Motors, Jones Rambler, Dennis Weaver Chevrolet, Crocker Motors, Gordon Chevrolet, International Harvestor, James H, Manuel, Flexible Pipe Tool Division, 0 *Brien Manufac- turing, Norvell- Wilder, Houston Fire and Safety, Arthur Dooley, Claude Wright, CMI, Inc,, Decatur Electric, and Factory Sales Co. A motion was made by Mr. Lee and seconded by Mr. Sawyer to submit bids to the City Manager and his staff for study and recommendation, All Voted Aye, Only one bid was received for mowing of several lots in accordance with Ordinance No. 78. The bid was from Cureton and Son, and the total amount was $130.00. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the following ' Resolution awarding the bid for mowing to Cureton and Son in the amount of $130.00 and authorizing assessment of properties on the tax roll to reflect expense. All Voted Aye. A RESOLUTION WHEREAS, certain property owners within the limits of the City of Nederland are in violation of City Ordinance 78, in that they have allowed weeds, grass and brush to grow well over a height of six inches from the ground; WHEREAS, in compliance with Ordinance 78, the Fire Chief of the City of Nederland gave proper notice to the property owners of the herein described property, that unless Ordinance 78 was complied with, within ten (10) days, the City of Nederland would have the weeds, grass and brush cut and /or property cleaned, and all costs, plus 10% interest would be adjudged against the owner of the property herein described, and a lien placed on the said property for said monies; WHEREAS, the owners of the herein described property, to -wit: Lot 25, Block 7, Airport Lot 26, Block 7, Airport Lot 24, Block 7,-Airport Lot 2, Range F. Block 17, Palco, Tract 2 Lots 1, 2, d 3, Block 4, Anderson Part of Lot 10, Block 5, Hillcrest 2, Tract 6 Section 15, Tract 8, T. & N. 0. Lot 10, Block 13, Helena Park -4 Lots 1 & 2, Block 10, Youmans -3 have not complied with Ordinance 78; WHEREAS, it is not necessary for the City of Nederland to cause the weeds, grass, 145 Minutes continued - November 280 1972 and brush to be cut on the herein described property, or the property cleaned, and a lien placed upon the property as provided by the City Ordinance and the laws of the State of Texas; , WHEREAS, since the City of Nederland does not have the proper equipment to per- form such work, it is necessary to enter into an agreement with a private contractor to do such work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute in behalf of the City of Nederland, an agreement with Cureton and Son to cut the weeds, grass and brush on the herein described property for a total consideration of $130.00 and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 28th day of November, 1972. S/ T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: ' S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland A Public Hearing was conducted for the purpose of hearing any protest concerning a special use permit to Mr. Clifford Grounds for a Class -A Mobile Home Park to be located at South 16th Street and F. M. 365. No opposition was made known. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to approve a Class -A Mobile Home Park to be located at South 16th Street and F. M. 365 as recommended by the Planning Com- mission. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Minute Order Number 66769 of the Texas Highway Commission providing for construction and maintenance of new traffic signals along Twin City Highway. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve installation of 6" water tap for a sprinkler system to Crocker Motor Company in accordance with Estimate submitted. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize Agreements as ' read with Jay Garth, Inc. and Texas Department of Corrections in order to provide water and sanitary sewer services to a new correctional facility outside the City Limits. All Voted Aye. Minutes continued - November 28, 1972 14 " A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to adopt the following Amendment to Ordinance No. 107 approving the installation of stop signs along 28th ' Street at Gary Avenue and West Chicago Avenue as recommended by Chief Billy Neal. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including required Stop Signs and Parking Rules: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - STOP SIGNS A Stop Sign shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP 28th Street at Gary Avenue STOP 28th Street at West Chicago Section 2 - PENALTY ' Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section 3 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the pro- visions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 28th day of November, A.D., 1972. S/ T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 150 Minutes continued - November 28, 1972 A motion was made by Mr. Lee and seconded by Mr. Sawyer to receive applications for "On Premises" sale of alcoholic beverage permits in accordance with Ordinance No. 70, as ' follows: Airport Towers Restaurant, Beer and Wine; Catfish Kitchen, Beer; American Legion Post 493, Beer and Wines; Nederland Club, Beer; Mack's, Beer; The Schooner Res- taurant, Inc., Beer and Wine; and Pizza Inn, Beer and Wine; and to refer these to the Police Chief, Tax Assessor - Collector, and City Attorney before action is taken. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to acknowledge presenta- tion of Progress Report on the six -month paint -up, fix -up, beautification program now underway. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize installation of two (2) lumen, mercury vapor street lights on South 16th Street and Avenue "C" as requested by Mrs. Bailey, 1611 Avenue C; 300 Block 34th Street, Mr. Shoemaker. All Voted Aye. A motion was made by Mr. Lee and seconded by'Mr. LeBlanc to approve the following Reso- lution commending Mrs. Ruth Crane, Chamber of Commerce Manager, and Mrs. Lois Sawyer, Nederland Publishing Company, for having been chosen as the number one Chamber of Commerce newspaper editors for cities under 20,000 population in the State of Texas, All Voted Aye. RESOLUTION WHEREAS, the Nederland City Council desires to pay tribute to Mrs. Ruth Crane and Mrs. ' Lois Sawyer; and, WHEREAS, these .two civic - minded citizens have contributed much time and effort in the publication of The Hub for the benefit of all of its readers; and, WHEREAS, they have worked together to create an outstanding contribution; The Hub has been cited as the "Most Outstanding Chamber of Commerce Newsletter" in cities with population of 20,000 or less: NOW THEREFORE, Be It Resolved, that the City Council of the City of Nederland, commends and congratulates Mrs. Ruth Crane and Mrs. Lois Sawyer for their outstanding efforts in winning this Publication Award. PASSED AND APPROVED, by the City Council of the City of Nederland, Texas at a Regular Meeting held the 28th day of November, A.D., 1972. S/ T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary ' City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment for the 13th Street project, Escrow Account, for work during October to Barnette Construction Minutes continued - November 28, 1972 Company, Estimate No. 1, $1,314.00. All Voted Aye. 151 ' A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment to Discount Fence Co. for work on fencing for the service center yard area, Estimate No. 1, in the amount of $469.71. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment to Charles R. Haile Associates, Inc., Job WPC Tex 630 in the amount of $637.50 for in- spection on the waste water treatment plant project. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize Mayor T. E. Lee, Jr. to request an increase in Federal Grant for project WPC Tex 630 to 75% of eligible costs from 55% under Public Law 660. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve request for partial payment for Federal Grant on Sewerage Treatment Plant. All Voted Aye. The meeting was adjourned at 8:45 P.M. I L ' I T. E. Lee, Jr., Adyor ' City of Nederland, Texas ATTEST 1 Alta Fletcher, City Secretary City of Nederland, Texas r 152 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 12, 1972 Th: to order at 6:30 P.M. by Mayor Pro- Tempore R. A. Nugent. , Members present were Mr. R. D. Sawyer, Mr, C. N. LeBlanc, Mr, R. A. Nugent and Mr. Sam Gillespie. Mayor T. E. Lee, Jr. was absent. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve the Minutes of the previous meeting as written. All Voted Aye. Mr, Russell McDougall of Toranto, New South Wales, Australia, was welcomed to Nederland. As an expression of appreciation from citizens of his country, he presented to the City, two books for the library collection. One bid, from Cureton and Son, was received and opened for mowing and cleaning of seven pieces of property in accordance with Ordinance No. 78. The bid was in the amount of $217.00. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to pass the following Resolution and award the bid to Cureton and Son on the basis of their bid in the amount of $217.00 for mowing and cleaning of seven properties in accordance with Ordinance No. 78. All Voted Aye. A RESOLUTION ' WHEREAS, certain property owners within the limits of the City of Nederland are in violation of City Ordinance 78, in that they have allowed weeds, grass and brush to grow well over a height of six inches from the ground; WHEREAS, in compliance with Ordinance 78, the Fire Chief of the City of Nederland gave proper notice to the property owners of the herein described property, that unless Ordinance 78 was complied with, within ten (10) days, the City of Nederland would have the weeds, grass and brush cut and premises cleaned, and all costs, plus 10% interest would be adjudged against the owner of the property herein described, and a lien placed on the said property for said monies; WHEREAS, the owners of the herein described property, to -wit: Pt, of Lot 7, Block 15, Rg. F, Tr. 2, PALCO Lot 4, Block 3, Oakley Addition Lot 19, Block 6, Johnson Addition Pt. of Lot 3, Block 3, Burson Addition (S1 /3 pt, of W1 /2 of Lot 3) have not complied with Ordinance 78; WHEREAS, it is now necessary for the City of Nederland to cause the weeds, grass and brush to be cut on the herein described property and premises cleaned, and a lien placed upon the property as provided by the City Ordinance and the laws of the State of Texas; WHEREAS, since the City of Nederland does not have the proper equipment to perform such work, it is necessary to enter into an agreement with a private contractor , to do such work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTPY OF NEDERLAND: 1� 6 t e, Minutes continued - December 12, 1972 S /R. A. NUGENT R, A, Nugent, Mayor Pro -Tem City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney ' City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to adopt the following Or- dinances Nos. 275 and 276 authorizing Agreements with Sun Oil Company and Union Oil Company pertaining to industrial districts within Nederland city limits and extrater- ritorial jurisdiction. All Voted Aye. ORDINANCE N0, 275 ORDINANCE AUTHORIZING CONTRACT ESTABLISHING AN INDUSTRIAL DISTRICT OVER CERTAIN TERRITORY OF SUN OIL COMPANY; ESTABLISHING THE VALUA- TION OF CERTAIN PROPERTY OF SUN OIL COMPANY AND METHOD OF TAXATION THEREOF; PROVIDING DETAILS RELATING THERETO; AND CONTAINING PROVI- SIONS RELATING TO THE SUBJECT. WHEREAS, the Mayor Pro -Tem and City Council of the City of Nederland, Texas, and Sun Oil Company, are mutually desirous of entering into a contract establishing an industrial district over certain property owned by Sun Oil Company; and WHEREAS, this City Council deems it desirable that said City enter into an agreement in writing establishing an industrial district; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: ' That the Mayor Pro-Tem. the City Council, and the City Secretary, of the City of Nederland, Texas are hereby authorized to execute an agreement in writing with the said Sun Oil Company, which agreement shall be in substantially the following form: Ah That the Mayor be and he is hereby authorized to execute in behalf of the City of Nederland, an agreement with Cureton and Son to clean the premises and cut the weeds, ' grass and brush on the herein described property for a total consideration of $217, ^0 and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto, PASSED by the City Council this 12th day of December, 1972. S /R. A. NUGENT R, A, Nugent, Mayor Pro -Tem City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney ' City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to adopt the following Or- dinances Nos. 275 and 276 authorizing Agreements with Sun Oil Company and Union Oil Company pertaining to industrial districts within Nederland city limits and extrater- ritorial jurisdiction. All Voted Aye. ORDINANCE N0, 275 ORDINANCE AUTHORIZING CONTRACT ESTABLISHING AN INDUSTRIAL DISTRICT OVER CERTAIN TERRITORY OF SUN OIL COMPANY; ESTABLISHING THE VALUA- TION OF CERTAIN PROPERTY OF SUN OIL COMPANY AND METHOD OF TAXATION THEREOF; PROVIDING DETAILS RELATING THERETO; AND CONTAINING PROVI- SIONS RELATING TO THE SUBJECT. WHEREAS, the Mayor Pro -Tem and City Council of the City of Nederland, Texas, and Sun Oil Company, are mutually desirous of entering into a contract establishing an industrial district over certain property owned by Sun Oil Company; and WHEREAS, this City Council deems it desirable that said City enter into an agreement in writing establishing an industrial district; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: ' That the Mayor Pro-Tem. the City Council, and the City Secretary, of the City of Nederland, Texas are hereby authorized to execute an agreement in writing with the said Sun Oil Company, which agreement shall be in substantially the following form: Ah 151 Minutes continued - December 12, 1972 Section 2: That said Agreement may be executed in duplicate originals and shall be im- pressed with the corporate seal of the City, signed by the Mayor Pro -Tem and all members of the City Council, and countersigned by the City Secretary. Section 3• That the Mayor Pro -Tem and City Secretary and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary and /or cov- venient to carry out the provisions of this Ordinance. Section 4: That this ordinance shall become effective and be in full force from and after December 12, 1972, and it is so ordained. PASSED AND APPROVED this 12th day of December, 1972. ATTESTED AND COUNTERSIGNED: ALTA FLETCHER /S City Secretary R. A. NUGENT /S Mayor Pro -Tem, City of Nederland, Texas 1 ORDINANCE NO. 276 ORDINANCE AUTHORIZING CONTRACT ESTABLISHING AN INDUSTRIAL DISTRICT OVER CERTAIN TERRITORY OF UNION OIL COMPANY OF CALIFORNIA; ESTAB- LISHING THE VALUATION OF CERTAIN PROPERTY OF UNION OIL COMPANY OF CALIFORNIA AND METHOD OF TAXATION THEREOF; PROVIDING DETAILS RE- LATING THERETO; AND CONTAINING PROVISIONS RELATING TO THE SUBJECT WHEREAS, the Mayor Pro -Tem and City Council of the City of Nederland, Texas, and Union Oil Company of California, are mutually desirous of entering into a contract establishing an industrial district over certain property owned by Union Oil Company of California; and WHEREAS, this City Council deems it desirable that said City enter into an agree- ment in writing establishing an industrial district; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That the Mayor Pro-Tem. the City Council, and the City Secretary, of the City of Nederland, Texas, are hereby authorized to execute an agreement in writing with the said Union Oil Company of California, which agreement shall be in substantially the following , form: Section 2: That said Agreement may be executed in duplicate originals and shall be impressed 15 Minutes continued - December 12, 1972 with the corporate seal of the City, signed by the Mayor Pro -Tem and all members of the ' City Council, and countersigned by the City Secretary, Section 3• ' That the Mayor Pro -Tem and City Secretary and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary and /or con- venient to carry out the provisions of this ordinance. Section 4: That this ordinance shall become effective and be in full force from and after December 12, 1972, and it is so ordained, PASSED AND APPROVED this 12th day of December, 1972. S /R, A. NUGENT Mayor Pro -Tem, City of Nederland, Texas ATTESTED AND COUNTERSIGNED: S /ALTA FLETCHER City Secretary ' A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the following Agreement for five -year lease of an extension of sanitary landfill site with Sun Oil Company. All Voted Aye. LEASE AGREEMENT THIS AGREEMENT made this 12th day of December, A,D,, 19729 by and between Sun Oil Company of Pennsylvania, a Pennsylvania Corporation, 1608 Walnut Street, Philadelphia, Pennsylvania, hereinafter called "Lessor" and the City of Nederland, Texas, hereinafter called "Lessee". td I T N E S S E T H: THAT, for and in consideration of the mutual benefits to be derived by the parties hereto upon performance of the covenants and agreements as hereinafter set forth, Lessor does hereby demise and let unto the Lessee all that certain tract or parcel of land, sit- uated in Jefferson County, Texas, more particularly bounded and described as follows, to -wit: Beginning at a point for reference said point being the most westerly corner of a tract of land owned by Sun Oil Company, and being in the North R.O.W. line of the K.C.S. Railroad also being the Southeast cor- ner of the City of Nederland 4.0 acre tract; Thence, North 42 deg 02 min 05 sec East a distance of 563.59 feet to a 1/2" diameter reinforcing rod a point for corner, said point being in the East line of the City of Nederland 4.0 acre tract also the be- ginning point for herein described tract of land; Thence, South 69 deg 26 min 35 sec East a distance of 421.88 feet to a 1/2" diameter reinforcing rod a point for corner; Thence, North 52 deg 09 min 00 sec East a distance of 2528.10 feet to a point for corner; said point being in the East line of the William Carroll Survey also being the-Northwest corner of the Andrew J. Stewart 156 Minutes continued - December 12, 1972 Survey (Patent No. 587); Thence, along the North line of the Andrew J. Stewart Survey (Patent No. 587) East a distance of 83.33 feet to a point for corner said point being the Northeast corner of the Andrew J. Stewart Survey (Patent No. 587) also the Northwest corner of the Ogistie Montee Survey (Abstract No. 177); Thence, South along the mast line of the Andrew J. Stewart Survey and the West line of the Ogistie Montee Survey a distance of 1824.78 feet to a point for corner; Thence, West a distance of 1102.42 feet to a point for corner; Thence, North 83 deg 03 min 41 sec West a distance of 794.55 feet to a point for corner; Thence, North 69 deg 26 min 35 sec West a distance of 699.98 feet to a point for corner, said point being in the East line of the City of Nederland 4.0 acre tract; Thence, North 42 deg 02 min 05 sec East a distance of 107.46 feet to the place of beginning of this tract containing 52.63 acres of land, more or less. TO HAVE AND TO HOLD the above described premises unto Lessee for a term of five years commencing on the first day of January, 1973 and ending on the thirty -first day of Decem- ber, 1977, upon the following terms and conditions: 1. Lessee shall use said premises (or such portions thereof as it may elect) as a garbage and refuse dump site and for no other purpose without the written consent of Les- sor. It is understood and agreed that Lessor shall have the right to continue using the ' described premises for its own garbage, refuse and debris dump free of charge. 2. Lessee shall not erect any buildings or structures on the premises other than those of a temporary nature normally required for the operation of the dump. Upon ex- piration or termination of this lease Lessee shall remove all buildings or structures placed upon the premises. 3. Lessee shall not remove the garbage, refuse, fill or any roadway improvements placed upon the premises, but same shall remain and become a part of the realty at the expiration or termination of this lease. 4. Lessee accepts the leased premises in their present condition and as a part of the consideration hereof does expressly agree to pay, discharge, defend and indemnify Lessor against any and all loss, cost, damage, claim or expenses sustained by Lessor (a) on account of, or resulting from, the use of the said premises, or any part thereof, by the Lessee, or by any others making use of said premises with either the express or implied consent of Lessee; (b) arising out of, or directly or indirectly due to, any failure of Lessee in any respect of promptly and faithfully satisfy its obligations un- der this lease; (c) arising out of, or directly or indirectly due to, any accident or other occurrence causing injury, death or damage to any person or persons or property whomsoever or whatsoever, resulting from Lessee's use of, or permission to use said premises, or any part thereof. During the performance of the work hereunder, Lessee shall take out, carry and maintain, in insurance company or companies, and in policies of insurance acceptable to Lessor, the following insurance with limits not less than those shown below: Minutes continued - December 12, 1972 Comprehensive General Liability Insurance, including Contractual Liability, and Products- Completed Operations Liability as well as coverage on all contractor's equip- ment rented, hired or used on the job, with limits not less than $100,000 each person, $300,000 each occurrence, $300,000 aggregate. Property damage limits of $5,000 each occurrence and $25,000 aggregate. Before commencing work, Lessee shall furnish Lessor, for its approval and retention, certificates of insurance, which will provide that in the event of any material change in or cancellation of the insurance, ten (10) days advance written notice shall be given to: Sun Oil Company of Pennsylvania, Corporate Real Estate Department, 1608 Walnut Street, Philadelphia, Pennsylvania 19103. 5. Lessor shall at all times have the right of free access to the leased premises for the purpose of inspecting and /or exhibiting the same. 6. Lessee agrees to observe and comply with all rules, regulations and laws now in effect or hereafter enacted by any municipal, county, state or federal authorities having jurisdiction over said premises and which are applicable to the use of same. In addition, Lessee agrees to conduct the dumping operation in a manner satisfactory to Lessor, to prohibit hazardous material from being placed on the property and to cease dumping on all or any part of the demised premises when the desired elevation, as determined by Lessor, has been reached. 7. Lessee shall prohibit all fires on the demised premised in the operation of the garbage and refuse dump. Should a fire accidently occur, Lessee shall take prompt action to bring the fire under control and continue all reasonable action necessary to completely extinguish said fire. 8. Lessee agrees to prohibit the use of firearms on the Leased premises unless de- mand necessary by Lessee to perform a numicipal function, in which event, the use of firearms shall be under the direct supervision of Lessee's Police Department. 9. Lessee agrees at its own cost and expense to erect and maintain a 6' chain link fence in the locations mutually agreed upon to prohibit trespassing by unauthorized persons both during and after normal hours of operation. Upon expiration or termination of this lease, all fencing installed by Lessee shall remain and become the property of the Lessor. 10. In the event Lessor shall at any time require the demised premises, or any part thereof, for its corporate purposes, or in the event of the sale of said premises, or any part thereof, Lessor shall have the right and privilege to cancel and terminate this lease upon giving the Lessee thirty (30) days' written notice. 11. Lessor reserves the right to place, maintain, repair and replace one or more pipelines now or hereafter constructed over and across the demised premises. 12. Lessee shall not assign-this lease nor sublet all or any part of the demised premises, ' 13. Any notice which under the terms of this Lease must or may be given to the parties hereto shall be in writing and mailed by registered mail as follows: If to Lessee: Mayor, City of Nederland Nederland, Texas 77627 If to Lessor: Sun Oil Company of Pennsylvania with copy to: Corporate Real Estate Manager, Sun Oil Terminal 1608 Walnut Street P. 0. Box Philadelphia, Pa. 19103 Nederland, Texas 77627 15S Minutes continued - December 129 1972 IN WITNESS WHEREOF, the parties hereto have caused this lease to be signed by their and each of their duly authorized officers, and their respective corporate seals I to be hereunto affixed, all. the day and year first. ATTEST: SUN OIL COMPANY OF PENNSYLVANIA By: Assistant Secretary Vice President ATTEST: CITY OF NEDERLAND S /ALTA FLETCHER By: S /R. A. NUGENT THE STATE OF COUNTY OF BEFORE ME the undersigned authority on this day personally appeared of Sun Oil Company, a corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same for the purposes and consideration therein expressed and in the ca- pacity therein stated and that the act and deed was of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ' Notary Public THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME the undersigned authority on this day personally appeared R. A. Nugent, Mayor Pro -Tem of the City of Nederland, known to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of December, 1972. S /ALFA FLETCHER Notary Public A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt the following Ordinance No. 277 permitting a $3,000 valuation tax exemption for homesteads of persons 65 years of age or older. All Voted Aye. ORDINANCE NO. 277 , AN ORDINANCE WHICH PROVIDES THAT NOT LESS THAN THREE THOUSAND DOLLARS OF THE ASSESSED VALUE OF RESIDENCE HOMESTEADS OF ALL PERSONS SIXTY - FIVE YEARS OF AGE OR OLDER BE EXEMPTED FROM AD VALOREM TAXES UNDER CERTAIN CONDITIONS; AND PROVIDING THE EFFECTIVE DATE HEREOF. 159 Minutes continued - December 12, 1972 WHEREAS, Article VIII, Section 1 -b of the Texas Constitution provides that from and after January 1, 1973, political subdivisions of the State may exempt not less than Three Thousand ($3,000.00) Dollars of the value of residence homesteads of all persons sixty -five (65) years of age or older from ad valorem taxes under certain conditions; and, WHEREAS, the City Council of the City of Nederland wishes to grant the benefits of an exemption pursuant to said Constitutional Amendment, but in any event not to extend beyond such period of time that General Revenue Sharing is available to the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1. From and after January 1, 1973, Three Thousand ($3,000.00) Dollars of the assessed value of residence homesteads of persons who have attained the age of sixty - five (65) years or older before the end of the year shall be exempt from all taxation for all City purposes; provided, however, that where the ad valorem tax has heretofore been pledged for the payment of any debt, the taxing officers of the City shall have authority to continue to levy and collect the tax against the homestead property at the same rate as the tax so pledged until the debt is discharged, if the cessation of the levy would impair the obligation of the contract by which the debt was created. Section 2. In order to secure the benefit of the exemption, the owner shall, be- tween January 1st and April 1st of each year, file with the City Tax Assessor and Collector a sworn inventory of such property owned on January ist of each year for which the exemp- tion is claimed, and requiring that deed be filed in deed records of Jefferson County, Texas (except special conditions as authorized and approved by Board of Equalization upon recommendation of Tax Assessor - Collector) and shall initially furnish proof of age by cer- tified copy of his or her birth certificate or, if such person does not have a certificate of birth, then by the affidavit of two persons at least five (5) years older than the exemption claimant with actual knowledge of the date and place of birth or by the original or certified copy of any of the following documents, which must be at least five (5) years old, to -wit: 1. Social Security record, 2. Federal census record, 3. State census record, 4. Own child's birth certificate, 5. Original birth notice in newspaper, 6. School record, 7. Insurance policy, 8. Lodge record, 9. Military record, 10. Passport, 11. Marriage record, 12. Hospital record, 13. Voter's registration record, 14. Church baptismal record, 15. Employment record, and 16. Physician's record. Section 3. The provisions of this Ordinance shall become effective January 1, 1973. Section 4. This being an Ordinance not requiring a penalty, it shall take effect from and after its passage. READ, ADOPTED, AND APPROVED this 12th day of December, A.D., 1972, at a Regular Meeting of the City Council of the City of Nederland, Texas 160 Minutes continued - December 12, 1972 S /R. A. NUGENT ' R. A. Nugent, Mayor Pro -Tem City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to award bids for equipment as received November 28 as follows: Proposal No. 1: 3 pickups; Dennis Weaver, (low bid) award sale of 1968 Dodge, Truck 701, to Mr. James Manuel for $357.00, then net for three pickups (fleetside body) less trade -in of two pickups, $6,089.55; Proposal No. 2: 2 -ton dump truck with dump bed, less trade, (low bid) Raiford Ford, $4,455.00, recommend 330 cu, in. V -8, plus $67.00, total $4,522.00; Proposal No. 3: Sewer Rodding Trailer, rods, etc., (low bid), Conco, $1,195.68; Proposal No. 4: 500 Linear feet of 2'" fire hose ' (low bid), Houston Fire and Safety Co., $625.00; Proposal No. 5: 1 station wagon (low bid), Jones Ambassador Broughn, no trade, $3,767.40 - guarantee on all equipment, except tires, for 12 months or 120000 miles; Proposal No. 6: 1 radar unit - recommend 2nd low bid, less 2% discount, which is $68.53 higher than low bid - C.M.T., INC. "Speedgun" - $978.53 - unit has two -year guarantee on all parts and labor whereas, low bid has one -year guarantee, also reversible mirror desired by Chief Neal; Proposal No. 7: 2 police specials, patrol cars (low bid), Crocker Motors, less trades, $5,000.00; Proposal No. 8: 111 work uniforms - Factory Sales Company, $1,187,70. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payments on Pro- ject WPC Tex 630 as follows: Port City Construction, Estimate No. 4, $51,300.00, and Chas. R. Haile Associates, Inc., 369 -1OD, $584.82. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to schedule a Public Hearing for 6:30 P.M., December 26, to adopt an amendment to 1972 -73 Budget reflecting $176,647.50 additional income from Federal Revenue Sharing and expenditures of $176.647.50 for permis- sible expenditures, Article 51.31, Chapter of Subtitle B. Public Law 92 -512. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to pay monthly bills for the month of November in the amount of $22,928.64 by General Fund Checks No. 2467 -2518 and $139627.21 by Water Fund Checks No. 0087 -0123. All Voted Aye. I The meeting was adjourned at 8:50 P.M. ATTEST: 42 6�9LL 2, � &a6,& Alta Fletcher, City Secretary R. A. Nugent, ayor Pro - Tempore City of Nederland, Texas City of Nederland, Texas i 1 1 161 REGULAR MEETING OF THE CITY COUNCIL CITY OF NEDERLAND December 26, 1972 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent and Mr. E. T. Gillespie, Jr. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous meeting as written. All Voted Aye. A Public Hearing was conducted for the purpose of hearing all protests and determining the disposition of a proposed Amendment to 1972 -73 Budget reflecting $176,647,50 addi- tional income from Federal Revenue Sharing and expenditures of $176,647.50 for permis- sible expenditures, Article 51,31, Chapter I of Subtitle B, Public Law 92 -512, No pro- tests were made known. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc that we adopt an Amendment and Supplemental Budget to 1972 -1973 Budget in accordance with the following. All Voted Aye, BUDGET AMENDMENT CITY OF NEDERLAND, TEXAS An Amendment and Supplemental Budget to 1972 - 1973 Budget THIS AMENDMENT IS ADOPTED IN ACCORDANCE WITH SECTION 7,08 OF CITY CHARTER AND U.S. PUBLIC LAW 92 -512 (FEDERAL REVENUE SHARING) I. Projected Income: January 1 to June 30, 1972 $58,882.50 July 1 to December 31, 1972 $58,882,50 January 1 to June 30, 197 $58,882,50 TOTAL $176,647.50 II. Allocated Expenditures; Increases as follows: Account 400 (Public Safety) One "B" Policeman wages and benefits $ 9,950,00 Account 600 (Public Transportation) Streets, drainage and sidewalks 146,697,50 Account 700 (Recreation) Parks and park equipment 15,000.00 Account 100 (Financial Administration) General government supervision 5,000.00 TOTAL' $176,647.50 Authorized by the City Council during a legally convened meeting this 26th day of December, 1972, with R. D. Sawyer, C. N. LeBlanc, T, E. Lee, Jr., R. A. Nu- gent, and Sam Gillespie voting aye and none voting no. S /T. E. LEE, JR. ATTEST: T. E. Lee, Jr., Mayor City of Nederland, Texas S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas 162 Minutes continued - December 26, 1972 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve renewal for "On Premises" alcoholic beverage permits: Airport Towers - All Voted Aye; Mack's Lounge - Messrs. Sawyer, Lee, Nugent and Gillespie Voted No; Mr. LeBlanc Voted Aye. A motion was made by Mr. Le Blanc and seconded by Mr. Sawyer to adopt the following Ordinance No. 278 repealing Ordinance No. 181 and all Amendments thereto. All Voted Aye. ORDINANCE NO. 278 AN ORDINANCE REPEALING ORDINANCE No. 181 OF THE CITY OF NEDERLAND, TEXAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: On the 25th day of July A.D., 19609 the City Council of the City of Nederland adopted an Ordinance creating an Auxiliary Police Force and establishing the powers and the duties of said Auxiliary Policemen. Due to the acts of the Texas Legislature in passing Articles 998A of Vernons Annotated Civil Statutes and Article 4413(29a a), City Ordinance Number 181 has been rendered invalid and illegal. The said Articles 998A and 4413(29a a) sets out certain standards which require an education program consisting of seventy hours training for every Auxiliary Policeman, prior to the 1st day of January, 1973. The Auxiliary Policeman of the City of Nederland will not be able to comply with the State Law as it now exists, prior to January 1, 1973. For the reasons as herein set out above, the City Council for the City of Neder- land hereby repeals Ordinance Number 181 and all amendments thereto. PASSED AND APPROVED at a Regular Meeting of the City Countil, this 26th day of December, 1972. ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary APPROVED AS TO FORM: S/W. EVERETT SANDERSON W. Everett Sanderson, City Attorney S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize advertisement for bids to be received 6:30 P.M., January 23, for mowing and cleaning of six (6) lots/ tracts in accordance with Ordinance No. 78. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize increase in monthly base salary of dispatchers from $407.30 to $432.30 as approved by Mid- County Municipal League. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize payment of Estimate No. 3, Final to Discount Fence Company, in amount of $1,250.29 for Service Center -Sewer Plant fencing. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertizement to be received 6:30 P.M., January 23, in accordance with "Notice to Bidders ". All Voted Aye. 1 1 Minutes continued - December 26, 1972 The meeting was adjourned at 7 :50 P.M. 1 ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 T. E. Lee, Jr., Ma r City of Nederland, Texas 1. 44a 11 It 164 REGULAR MEETING OFOgHNE ERLAND NCIL OF THE 1973 CITY January 9+ Ma or T. E. t,ee, The meeting Jr. was called to order at 6:30 P.M. by y Nugent and LeBlanc, T. E. Lee, Jr., R. A. Members present were R. D. Sawyers C. N. Sam Gillespie- Mr. Gillespie to approve Minutes °f A motion was made by Mr, Nugent and seconded by the preN1OUS meeting as written. All Voted Aye• regarding, a house fire which occurred resent A letter signed P-1 persons were P 35th Street, 620 35th Street. A report Approximately on the dead end of Mr. Wallace Elliott. December 23+ 1972 neighborhood was read by b the Mayor. by ninety-one members of the neig the fire was read y from the Fire Department concern ng LeBlanc to approve letter as read Mr, Lee and seconded by Mr. ublic Meeting to be held at 6x30 Ail" A motion was made by Owners and to schedule a to Nederland to adjacent pr( a proposal to annex additional area January 22, 1973, concerning P Voted Aye. Mr, Gillespie to approve an "Election 7 1973, for the purpose of electing two A motion was made by Mr. LeBlanc and seconded by Order" calling an election to be held April + All Voted Aye. , councilmen, one for Ward One and one for Ward Three• ie to authorize a 30 -day Mr. Gillespie nE„ next to elevated b Mr. Nugent and seconded by 6:30 A motion was made Y lots on South 5th Street and Avenue option to purchase two (2) 4 200.00 and authorize aertAll Voted °Ay bids to be receive Aye- water tower for $ , round equipment p.M „ February 13, for Playground Mr, Gillespie to authorize adtWOtsub- b Mr. Sawyer and seconded by 13+ for sale and removal of received 6:30 P.M., February A motion was made Y All Voted Aye- mend for bids to be block of Boston Avenue. appoint Mr. John T. standard buildings in 900 seconded by Mr. LeBlanc to app Mr. Gillespie and ualization Board A motion was made by Melvin R. Spittler to the 1973 Eq Lewis, Mr. Leo D. Tucker and Mr• All Voted Aye. and to designate Mr. Lewis as Chairman of the Board. Sawyer to approve commendations ie and seconded by Mr. made by Mr, Gillespie Chamber of Commerce Dire�COrs, for their A motion was ler, retiring spearheading the "Dutch Windmill in undertaking and of M.L.C. Lucke and R. G• aeg contribution to the Al11Votedr Aye. rove establishment of Museum" project. 768.50 per month, A motion was made by Mr. Lee and seconded by Mr. LeBlanc t° app and sanitary sewer maintenance foreman at base salary of a water All Voted Aye. $9,222.00 per year* gallon Sawyer and seconded by Mr. LeBlanc to authorize glSeme Mr. Savvy February 13, 1973+ for painting A motion was made by . PM., for bids to be received 6:30 All Voted Aye. South 5th Street water tank. W () i ) Minutes continued - January 9, 1973 A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of bills for the month of-December, 1972, in the amount of $8,866.47 by General Fund Checks No. 2542 -2586 and $18,519.69 by Water Fund Checks No. 0134 -0169, a total of $27,386.16. All Voted Aye. The meeting adjourned at 8:15 P.M. ATTEST: 4 &AL <��-Z :% Alta Fletcher, City Secretary City of Nederland, Texas 1 1 /L q�- T. E. Lee, Jr., Ma 4r City of Nederland, Texas 166 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 23, 1973 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A, Nugent and Mr, E. T. Gillespie, Jr. A motion was made by Mr. Nugent and seconded by !1r. Gillespie to approve the minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to refer the bids of one (1) industrial tractor with slope mower, one (1) flail mower, one (1) brush grap- pler and "trade -in" or sale of a sickle mower, tractor, sheepfoot roller and trailer to the City Manager for his study and recommendations. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to approve the installation of flag pole holders by Post 493, American Legion, in sidewalks in front of businesses. All Voted Aye. A motion by Mr. Lee and seconded by Mr. Nugent to table resolution for mowing and clean- ing of seven (7) lots or tracts in accordance with Ordinance No. 78. All Voted Aye. A motion by Mr. Sawyer and seconded by Mr. LeBlanc to approve the purchase of two lots from Mark Forey, corner of Avenue "E" and South 5th Street for $4,200.00. All Voted Aye. ' A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to table the approval of a lease to Ladies Softball League for development and use of park area in 3200 block of Avenue "G". All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the attendance and expenses of Civil Defense Officials to Annual Civil Defense Officials to Annual Civil Defense meeting in Austin, February 25 to 28; Amend meeting Ordinance No. 164 to resched- ule February 27th meeting to February 20th. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM FEBRUARY 1, 1973, THROUGH APRIL 10, 1973. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDER- LAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P.M. on each of the following dates: February 13th and 20th March 13th and 27th April 10th Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are hereby expressly repealed. 167 1973 Minutes continued - January 23this the 23rd day of PASSED AND APPROVED by the City Council at a regular meeting, January, 1973• S /T, F. LEE JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Secretary Alta Fletcher, City APPROVED AS TO FORM: S /W, E. SANDERSON E, Sanderson, City Attorney W. Texas City of Nederland, Mr. Lee and seconded by Mr. Nugent to approve the 1973 street A motion was made by ui ment and materials to overlay program and authorize advertisement for Alabor and eq P be received 6:30 P.M., February ltr. Sawyer to grant permission to A motion was made by Mr. LeBlanc and seconded by Dispatching operate burglar alarm devices from Police i 4.0e per month additional for any out -of- city - limits customers. General Protection Service to op Center and charge of $ P All Voted Aye. Gillespie and seconded by Mr. Nugent to authorize use of O1 A motion was made by Mr. 908 Boston, by County Tax Office, March authorize to March 31st for City Hall council room, late tags. All Voted Aye. sale of vehicle license p _ Mr. LeBlanc to accepC Helena Terrace by A motion was made by Mr, Lee and seconded by per Ordinance 121, and dition as a Class I addition in ofcwater and wsewer ordinance ieslper recommended 1, urahas 6:30 P.M., February 13. All Commission; authorize p sewer facilities, receiving bids for water and sanitary Voted Aye. A motion was made by Mr. Sawyer and seconded by rnsL and aestimates hfor zwater rand san- to P repare preliminary p All Voted Aye. Haile Associates, Inc., itary sewer services in the area to be considered further for annexation. payment of Estimate A motion was made by Mr. LeBlanc and seconded by Iir. Nugent to make Gatlin Asphalt Co. in amount of $1,026.00 for 1400 blo ck of Kent Street work 1 to Gat All Voted Aye. Charles from Escrow Account, to A motion was made by Mr. Nugent and seconded by Ye Gillespie to make payment for engineering services on Waste Water Treatment Plant to R. Haile Associates, Inc., 538,50. November 9, 1972 in the amount of $ m Minutes continued - January 23 The meeting was adjourned at 7 :40 P_ -. ATTEST: 4BettylHi Acting City Secretary Y Nederland, Texas T. E. Lee, Jr., fa or City of Nederland, Texas 1 1 CITY COUNCIL OF THE 1913 ETING OF THE D February 13� REGULAR ME CITY OF NEDERL� Y Mayor T. E. Lee, Jr. 6:30 P•M" b T. E. Lee+ Jr. Mz. Was called to order at C. N. LeBlanc' Mr. The meeting D. Sawyer, Mr. C e Minutes °£ the t Were rtr. R• G111esPie t° aPPzOv d Mr. Sam Gille spie. d by Clt. Members PreSen Nugent and seconde were opened on Nugent' an Voted Aye" Helena Terrace A$3q,130.29i A motion was t ad a crab- by W ltten. All tion ies in Co.e lit Con c 80. ious mee sanitary sewe 3 li0; Mid-t4a e Co.+ �19e61G. described prev for water $29 +1` V. McCurl Y to refer the above Bella Co.+ d H. -All Voted Aye- and Sealed bids $la'1ng�00i an and read as fol on Co. d seconded by tiz. d teco i� of enue mmendat Av tructi an tabulation k at the cornet lt+ Inc.9 tree Cons by rtx. Gi1lesPi Staff for t ood Paz Kuick- Co., froo h motion Was C Y Ma agex and his t for one t1)B Bids reo e �ved rican P1 yground Devsce the bids to d equipmen read. Co., Ame noun d and layg open facturing nd equip. bids for P Street we $elson Manu to refer Playgrou pealed 5th CO.� t Co• A11 Voted Est and South and uiP tiOn" ing men eE Manufactux Eq S o Y and recommen R. J. Thomas Miracle seconded by M=. E. Allen Co., ie and $econ for tabulation to be Paul GillesP bi staff Hearing de by Mr. and s a Public rezoning A ootion was t bids to the Ci`Y Manager ent to schedule a xeoluest f of land lo- b rtz. Nug follows,g' acre tract h 21th Aye. rtr. Lee and se con e consideration Distxe 't of a 1 roperty on SO 0 t for e- and by Ig13, in d Parking land Sch °ol P PALCOi a Te banal Street A motion was M., March 1 i- Resident osPital and ed k 1+ Rang Hituated n a Pazt sal N e ear of 6:30 Jefferson Person County H of Lot 4, gloc o£ and o defined a t for the s 'held rom Residents Mid as a part small trace and ,OTe s 1 mi on. 11 use per diti Gated between ore so defined Commercial of 1, lg1 x 41 01, of a_sPec SongW °od Ad from Res tia t° V.A• Cana ider on Street and seen and the L.N• cons iss ed Sects o gG7 to undevelop e zoning tower e hwaY F, P i,, he remaining t 000 gal -,.later Maintenance between Hig Range 59 Block of +Townbouses 5th 400r A C-r Watest. Co.r and Lot Street ea construction South ont+ of $eaum sversal Con Voted Aye• for cleaning and Pal ntsstr al Coatin Kote, Inc., Dn lndu Trust- bids led bids riders Were tilities' water tower Sea opened a� rMd- $OU�nc ank and U by Li 170 "inutes continued February 13, 1973 A sealed bid was opened and read for cleaning and mowing of seven lots /tacts in accord- ance with Ordinance 78, The bid r- - was from Cureton and Son and was in the amount of $873,n0, A motion was made by Mr. 'Gillespie and seconded by Mr. Saveyer to tabl for mowing, All Voted Aye, e action on the bid A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to accept the recommendation of the City Manager and his staff in awarding equipment purchases for one tractor and slope mower, one flail mower, one brush grappler, less trade -ins, as follows: Proposal I- Industrial Tractor with Slope Mower, from Oil City Tractors, Inc., Proposal I2- Six -Foot Flail Mower from i�ffchei f?achinery 7 Mounted Trash Loader from Michel 2Sachiner Corp., $12,532,00; Corp., � $ 15,00; Proposal III -Truck reject Barnette Construction Co, bid for $175.00on6Sheepfoota Roller sand to accepteoil City Tractors, Inc. bid for $100.00 for Farmail Tractor and $25,00 fo Voted Aye, r Two -Wheel Trailer, All A notion was made by Mr. Nugent and seconded by Mr, Sawyer to a expenses of three firemen to Lamar University basic Firemen Training School for certification - approve the attendance and February 12 to April 13 and to approve use of the High Pressure Pumper for demonstration Purposes at Lamar University, All Voted Aye, A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment for Christmas lighting electricity in the amount of $346.30. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to Estimates for Waste Water Treatment Plant, Job 369 -1OD as follows :apPorte F ymen t of Cit y Construction Company, Estimate No, 51 $39,45:3.00; and Chas. R. Haile Associates q b Ens ineering Services, $609.42. All Voted Aye, A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize low flight Of mosquito control aircraft over portions of the City-of submitted. All Voted Aye, Nederland in accordance with map A notion was made by Mr. LeBlanc and seconded by Mr. Nugent to a Resolution and Agreement with South East Texas Regional Planning Commission /Criminal approve the following Justice Council to purchase teletype equipment for City of Nederland and M' Dispatching Association, All Voted Aye. Mid-County BE IT RESOLVED RESOLUTION by the City Council of the City of Nederland that the Mayor, T. 2, Lee be and he is hereby authorized to execute an express East Texas Re purchase agency contract with the South Regional Planning Commission purchase of CRT telet for the P necessary hardware and software, PASSED b Ype devices and /or any y the City Council of the City of Nederland, this 13th day of February, 1973. ATTEST: Alta Fletcher /S MAYOR: T. E. Lee Jr /S Minutes continued - February 13, 1973 STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT m ade this 13th JEFFERSON COUNTY da of February, 1973 , between the CITY Q TEXAS, and the Y Governments of Jefferson SOUTH EAST and Oran REGIONAL PLANNING F NEDERLAN VITNESSETH; ge C ounties, Texas; COMMISSION, a Council of p, Pursuant to authorit 1581h V,A,T,S,) y granted by the Texas hereto Providing for cooperation between > in consideration etween Cooperation Act as follows: °f the premises local governmental bodies, and the mutual odies, the Promises contained Parties herein, agree The City of Nederland I. and appoint, the South > hereinafter as COtq�glgSION East referred to as Texas Regional Planning hereby items > its true and lawful arming Commission i makes, constitutes, of software and hard Pruchasin o > hereinafter in and for Cit ware necessary for the ,dent for the purchase of a21 referred to said Y._ The Cit the installation chasing agent for Y agrees that of CRT equipment and said equipment the Commission s teletype devices necessary for said halt be the teletype exclusive pur- YPe The Cit II; system, hardware y agrees that all specifications for shall be determined and prepared by equipment or items of software or Y the Commission or its designate, All equipment III, that $2,000,00 and /or items of software or It shall b shall be purchased hardware e the res only b and requiring an ex Paper of possibility of the Y through advertisement for copmnditure of more general circulation Commission to cost of such in the South East advertise for such bids Pin one e bids, advertisement for bids shall b Texas Region for a in one (1) be borne borne by the Commission,iod of two times, The The Commission IV' to the city hall, not Later Y a complete tabulation of than 30 days following and best bidder, a12 b' g receipt bidder, All Purchases from ids received and shall certify as the bids In the competitive b' > submit bidder and event the 1�iaest b' bidders shall b y as to the lowest accordingly adder is not considered b e from the lowest bidder, glY the Coy mission certifies and best it shall include Y the Commission to be tabulation an ex some other bidder a the best to the city. Planation and report on s the mission, Y. The I its findings lowest and best lowest and best bid shall b in when it transmits said e determined solely by the Com -' The City, after V. the Commission acceptance of a b' to exceed > agrees to furnish se to the Commission upon tits Of a contract by i l5% of the total Purchase City. Price of the request, a cash equipment authorized for amount not Purchase by the This VI, agreement shall take effect upon execution by the signatories. 172 Minutes continued - February 13, 1973 VII. This agreement shall continue in effect from the date of execution until the completion of the installation of said CRT devices into the facilities of the City. VIII. Upon completion of equipment installation, and certification by the Commission, and the Texas Criminal Justice Council, that all conditions and specifications of the bid documents have been met, the Commission promises to convey fee simple title to the City for all equipment purchased using City funds. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. ATTEST: Alta Fletcher /S ATTEST: CITY OF NEDERLAND, TEXAS BY: T. E. Lee, Jr. /S SOUTH EAST REGIONAL PLANNING COM14ISSION BY: Don Kelly Executive Director A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of the bills for the month of January in the amount of $12,981.71 by General Fund Checks No. 2629 -2684 and $13,812.93 by Water Fund Checks No. 0181 -0223, a total of $26,794.64. All Voted Aye. The meeting was adjourned at 8:00 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas . 2Sc'__� - --- T. E. Lee, Jr., ,ayor City of Nederland, Texas 1 i 1 173 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' February 20, 1973 The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. Sealed bids were opened and read for purchase of approximately 9,600 tons of hot mix asphaltic concrete and bids for labor /equipment to install same. Bids received were from Trotti- Thomson, $779615.009 $77,135.00; Barnette Construction Co., $87,850.00, $77,850.00; and Gatlin Asphalt Co., $70,950.00 and $69,030.00. A bid to furnish mat- erial was received from Keown Supply Co., $6.75 and $7.75. A motion was made by Mr. Lee and seconded by Mr. Nugent to submit these bids to the City Manager and his staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to award bid to Crabtree Construction Co. on the basis of their low bid in the amount of $18,198.00 for construc- tion of water and sanitary sewer facilities in Helena Terrace Addition. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize the City Manager to purchase playground equipment for one neighborhood park from American Play- ground, Miracle Equipment, Belson Co., and Kwick -Bilt Co, in accordance with recommen- dation submitted. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to award bid for cleaning and painting of 400,000- gallon water tower to Mid -South Tank and Utilities on the basis of their low bid in the amount of $12,021.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to authorize the closing of 1300, 1400, and 1500 Blocks of Boston Avenue for Diamond Jubilee Celebration, March 15 -18, 1973, as needed for the activities and as directed by the Police Department to allow as much traffic as possible through side streets. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize advertisement for bids for depository of city funds for two -year period to be received 6 :30 P.M., March 27, 1973. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the following Resolution concerning the new State Beach Park being named D. Roy Harrington Park. All Voted Aye. ' CITY OF NEDERLAND A RESOLUTION TO THE STATE OF TEXAS PARKS AND WILDLIFE COMMISSION: 174 Minutes continued - February 20, 1973 Honorable Jack Stone, Chairman Honorable Max L. Thomas, Vice Chairman Honorable Pearch Johnson , Honorable Harry Jersig Honorable Joe K. Fulton Honorable Bob Burleson Mr. Clayton T. Garrison, Executive Director WHEREAS, the Parks and Wildlife Department has created a State Park in the South- eastern portion of Texas; and, WHEREAS, this State Park shall be developed for the general enjoyment and pleasure of the people of the Southeastern portion of Texas, as well as, for all the citizens of Texas; and, WHEREAS, this State Park shall geographically cover a huge beachfront in Jefferson County of more than five miles, bordering the Gulf of Mexico, which embraces 14,360 acres of lakes, bayous and marsh, which has been a winter sanctuary for wild life; and, WHEREAS, there has been one individual who, through his enthusiastic and persistent efforts in behalf of this project, as well as, his many unselfish commitments to the area has made this proposal a reality and merits recognition and acknowledgement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, to request the Parks and Wildlife Commission to name the State Park embracing McFaddin ranch and beach lands, for our own State Senator D. Roy Harrington - "The D. Roy Harrington State Park." S /T. E. LEE JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST S/ALTA FLETCHER Alta Fletcher, City Secretary A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve installation of a street light at the corner of South 21st Street and Avenue F and to table action on three lights as recommended by the City Manager. All Voted Aye. The meeting was adjourned at 7:05 P.M. &, T. E. Lee, Jr., M or _ City of Nederland, Texas ATTEST: ZZ- 2L�/ ' Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF NEDERLAND March 13, 1973 The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting as written. All Voted-Aye. A Public Hearing was conducted for the purpose of hearing all protests and determining the disposition of a proposed Amendment to Zoning Ordinance No. 146 rezoning from Resi- dential to Semi - Residential and Parking District, a 7.76 acre tract of land located be- tween Mid - Jefferson County Hospital and Nederland School property on South 27th Street and more so defined as a part of Lot 4, Block 14, Range H. PALCO; to rezone from Resi- dential to Commercial, a small tract of land situated near Canal Street and between Highway 347 and the L.N.V.A. Canal, 79' x 4101, and more so defined as a part of I.ot 5, Block 17, Range F. PALCO; and, to consider issuance of a Special Use Permit for the con- struction of townhouses in the remaining undeveloped section of Songwood Addition. No opposition was made known. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve rezoning of church property as requested. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve rezoning of pro- perty along Highway 347, All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve granting of Spec- ial Use Permit for construction of townhouses in remainder of Block Estates property. Mr. Gillespie Voted No. Messrs. Sawyer, LeBlanc, Lee and Nugent Voted Aye. AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT REZONING CERTAIN AREAS LOCATED WITHIN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. To rezone from Residential to Semi - Residential and Parking District, a 7.76 acre tract of land located between Mid- Jefferson County Hospital and Nederland School property on South 27th Street and more so defined as a part of Lot 4, Block 14, Range H, PALCO. 2. To rezone from Residential to Commercial, a small tract of land situated near Canal Street and between Highway 347 and the L.N.V.A. Canal, 79' x 4101, and more so defined as a part of Lot 5, Block 17, Range F, PALCO, PASSED AND APPROVED AND ADOPTED THIS 13th DAY Or' MARCH, A.D., 1973. ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas S /T. E. LEEL JR. T. E. Lee, Jr., Mayor City of Nederland, Texas 176 Minutes Continued - March 13, 1973 APPROVED AS TO FORM: S_/W, Es SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas Presentation of the Windmill model and plans to the city was made by M. L. C. Lucke and Sam Bass. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to accept the model and place it in the Windmill Museum and to accept the plans and file them in the permanent city records. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Lee to accept the Annual Audit Report for 1972 -73 Fiscal Year, to approve payment in the amount of $1,800.00 to Jerry Burrows, C.P.A., and to authorize publication of the Balance Sheet. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve participation with First Assembly of God Church, Reverend Frank Williams, Pastor, in concrete paving of the alley between 20th Street and 21st Street with city participation estimated to be $1,400.00, 1/3 of cost. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to adopt the following Amend- ment to Ordinance No. 107 providing for "Stop" signs. All Voted Aye. ' AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALI, SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite pol- icy should be established pertaining to traffic regulations including required stop signs and parking rules: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - STOP SIGNS A stop sign shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP Omaha Avenue at 34th Street STOP Nashville Avenue at 34th Street STOP Memphis Avenue at 34th Street , STOP 34th Street at Lawrence Avenue Section 2 - NO PARKING Parking shall be prohibited along the East side of South 32nd Street from Avenue B to Hardy Avenue. Minutes continued - March 13, 1973 177 Parking shall be prohibited along the North side of Avenue C from Hardy Avenue to 3220 Avenue C. Parking on pavement shall be prohibited along the East side of 8th Street from Nederland Avenue to Atlanta Avenue. Section 3 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section 4 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the pro- visions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 13th day of March, A.D., 1973. S/T E. LEE JR. Thomas E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER /S Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: W. E. SANDERSON /S W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the following Amendment to Ordinance No. 121. All Voted Aye. AMENDMENT TO ORDINANCE NO. 121 AN AMENDMENT TO ORDINANCE NO. 121, AN ORDINANCE REGULATING ALL PHASES OF SUBDIVIDING ANY ADDITION LOCATED WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND, TEXAS, AND SET - TINU STANDARDS FOR PLAT MAPS, STREETS, DITCHES, WATER AND SEWER DISPOSAL, IMPROVEMENTS, AND ALL OTHER MATTERS PERTAINING TO THE DEVELOPMENT OF LAND AND TO SUBDIVISIONS WITHIN THE CITY LIMITS OF NEDERLAND, TEXAS, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: PASSED BY majority vote of Members present of the City Council of the City of Nederland, Texas, this the 13th day of March, 1973, and recorded in Volume X. Page 177, of Minute ]78 Minutes continued - March 13, 1973 Records. RULES FOR LAND SUBDIVISIONS ' This Amendment to Ordinance No. 121 is intended to be a supplement and an addendum to said Ordinance voiding that part permitting sand - stabilized shell for Flexible Base Roads so that Article IX, Section D, Paragraph 2, Line b, shall read as follows: IX. D. MINIMUM REQUIREMENTS FOR FLEXIBLE BASE ROADS 2. Flexible Base Requirements. b. 8 -inch compacted thickness for processed gravel, crushed stone, or or iron -ore gravel base. PASSED by a majority vote of Members present of the City Council of the City of Nederland, Texas, this the 13th day of March, A.D., 1973. ATTEST: S/ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/W. E. SANDERSON _ W. E. Sanderson, City Attorney City of Nederland, Texas S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the following Amend- ment to Ordinance No. 147 providing for Class "A" labor for certain duties of city em- ployees. All Voted Aye. AMENDMENT TO ORDINANCE NO. 147 AN AMENDMENT TO ORDINANCE NO. 147, AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER SHALL BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1 PASSED by majority vote of Members present of the City Council of the City of Nederland, Texas, this the 13th day of March, 1973, and recorded in Volume X, Page 178, of Minute I Records. This Amendment to Ordinance No. 147 is intended to be a supplement and an addendum to said Ordinance voiding that part classifying painting as Class "A" Labor and adding Slope Mover Minutes continued - March 13, 1973 Operator so that Article X, Section 1, shall read as follows: 1"N ARTICLE X ' SECTION 1 Heavy Equipment Operator classification and wages shall be paid Gradali Operator and Maintainer Operator. "A" classification and wages shall be paid Backhoe Operator, "A" Meter Reader, Leaderman, Warehouseman, Garbage Truck Driver, Plant Operator, Con- crete Finisher, Carpenter, and Slope Mower Operator. PASSED AND APPROVED by the City Council at a regular meeting this the 13th day of March, A.D., 1973. S /T. E. LEE JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/W. E. SANDERSON W, E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award the street overlay bid to Keown Supply for materials and to Gatlin Asphalt Company for labor and equipment. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to request Honorable James Smith, Commissioner of Precinct Two, and Commissioners Court to provide labor and equipment and city provide materials to overlay two (2) miles of streets as shown on the map. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the "City- School Summer Recreation Program" commencing June 1, 1973, and ending July 10, 1973, All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the following Resolution authorizing a "Re- Application" for Federal Participation in water and sanitary sewer facilities to serve an area proposed to be annexed. All Voted Aye. IAUTHORIZING RESOLUTION WHEREAS, it is cotemplated that the City of Nederland, Texas, will construct cer- tain waste water facilities with an estimated total cost of $1,100,000.00; and, 180 Minutes continued - March 13, 1973 WHEREAS, it is found that the City of Nederland, Texas, is unable to provide the total cost of such improvements; and, , WHEREAS, it is deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have suf- ficient funds to complete these much needed improvements. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NEDER- LAND, TEXAS, that T. E. Lee, Jr., Mayor of the City of Nederland be and is hereby au- thorized and directed to make application and sign the necessary documents required to complete the project on behalf of the City of Nederland, for federal grant under Public Law 660, as amended, to be applied to the cost of the construction of said waste water facilities. The City of Nederland hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the re- maining costs of the approved project. ADOPTED this 13th day of March, 1973. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary I City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payments for waste water treatment plant, Job WPC- Tex -630, 369 -1OD, as follows: Port City Construc- tion, Inc., Estimate No. 6, $85,397.00 and Chas. R. Haile Associates, Inc., $1,446.13. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to accept the 'Operational Manual" for Waste Water Treatment Plant as required by Texas Water Quality Board and pre- pared by Chas. R. Haile Associates, Inc., and to approve partial payment of $1,301.89 from W.P.C.- Tex -630 for same. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment to Gatlin Asphalt Company from Escrow Account for 1400 Block of Kent Avenue, street improvements, Estimate No. 2, $5,085.50. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment of bills for the month of February in the amount of $119643.33 by General Fund Checks No. 2737 -27929 and $11,108.04 by Water Fund Checks No. 0231 -0265. All Voted Aye. The meeting was adjourned at 8:35 P.M. T. E. Lee, Jr., Malyor ' ATTEST: City of Nederland, Texas "v, Alta Fletcher, City Secretary City of Nederland, Texas 1 1 L� 1�il SPECIAL MEETING OF THE CITY COUNCIL CITY OF NEDERLAND March 20, 1973 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize adver- tizement of Notice of Annexation Public Hearing scheduled for 6:30 P.M., April 10, 1973. All Voted Aye. The meeting was adjourned at 6:50 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas T. E. Lee, Jr., May City of Nederland, Texas 1S2 REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 27, 1973 The meeting was called to order at 6:30 P. M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr.-C. N. LeBlanc, Mr. T. E. Lee, Mr. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the two previous meeting, March 13 and 20. All Voted Aye. A bid was received for depository of city funds in accordance with the State Statutes. The bid received was from Nederland State Bank. A motion was made by Mr. Lee and seconded by Mr. Gillespie to name Nederland State Bank as the depository of city funds for the two year period including 1973 and ending December 31, 1974. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint Mrs. Alta Fletcher as Election Judge for Courthouse Counting Center for election of Saturday, April 7, 1973. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve Agreements with Texas State Highway Department for construction, operation and maintenance of four signal locations along F. M. 347. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to renew water purchasing agreement with Lower Neches Valley authority from June 1, 1973, to May 31, 1975. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of Estimate No. 3 to Gatlin Asphalt Co., in the amount of $3,102.76 for the 1400 Block extension of Kent Avenue. All Voted Aye. The meeting was adjourned at 6:55 P. M. T. E. Lee, Jr., Ayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 1 1 1.11)1i REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 10, 1973 The meeting was called to order at 6:30 P,M, by Mayor T. E. Lee, Jr. Members present were Mr, R. A. Sawyer, Mr. C. N. LeBlanc, Mr, T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie, A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. A Public Hearing was conducted for the purpose of determining whether or not the City of Nederland shall annex to and expand its boundaries in accordance with V.A.T.S. Ar- ticle 970 -A and Section 1.04E of the Nederland Home Rule Charter, the areas encompas- sed by the boundaries as read. Three residents of the area were present to voice their approval of annexation. No opposition was made known. A motion was made by Mr. Gillespie and seconded by Mr. Lee to accept the results of the Public Hearing and to approve annexation procedures as scheduled, All Voted Aye. The returns of the April 7, 1973, General Election were read by Mrs. Fern Shannon, Election Judge. Out of 206 votes cast, said respective candidates received the follow- ing number of votes: NAME OF CANDIDATE OFFICE VOTES Robert D. Sawyer Councilman of Ward One 191 E. T. "Sam" Gillespie, Jr. Councilman of Ward Three 189 A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of Election Officials for a total of $113.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 164 setting regular City Council meeting dates to the end of 1973 in accordance with Section 3.11 of the City Charter. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 10, 1973, THROUGH DECEMBER 18, 1973, NOW THEREFORE, BE IT ORDAINED BY THE CT1'Y COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meet- ing of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6 :30 P.M. on each of the following dates: ' April 24th May 8th and 22nd June 12th and 26th July 10th and 24th 184 Minutes continued - April 10, 1973 August 14th and 28th September 11th and 25th October 9th and 23rd , November 13th and 27th December 11th and 18th Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting, this the 10th day of April, 1973. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: I W. E. SANDERSON /S W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve plans for traffic signals at four intersections along F.M. 347 as presented. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve an easement to Mobil Pipeline Company, Inc., granting an easement across the sanitary landfill property adjacent to Kansas City Southern railroad and stipulating also that any future line re- location for any reason will be performed at the expense of Mobil Oil Company. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to table action authrorizing in- stallation of 3000 Lumen Mercury Vapor Street lights at several locations. All Voted Aye. A motion was made by Mr..Gillespie and seconded by Mr. LeBlanc to authorize advertisement for bids to be received 6:30 P.M., May 89 1973, for annual supplies. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize an Annual Dog I Clean -up Program during the first week of May. All Voted Aye, A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve monthly estimates from WPC - Tex -630 as follows: Port City Construction, Estimate No. 7, $27,680.00; Chas. S 5 Minutes continued - April 10, 1973 R. Haile Associates, Estimate No. 7, $462.64; and Chas. R. Haile, Operation Manual, $690.90. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to accept project and approve final payment to Gatlin Asphalt Co., from Escrow Account, for 1400 Block of Kent Avenue improvements in the amount of $1,232.74 and to pay Soutex Engineers, $320.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve final payment to Barnette Construction Company in the amount of $1,511.00 for the 13th Street Improvement Job and to delete surface work from the contract in the amount of $607.50. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of bills for the month of March in the amount of $17,663.99 by General Fund Checks No. 2821 -2881 and $14,405.66 by Water Fund Checks No. 0273 -0305. All Voted Aye. The meeting adjourned at 8:23 P.M. T. E. Lee, Jr., a or City of Nederland, Texas IATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Ll 186 1 1 1 1�51 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6 :30 P.M. April 24, 1973 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize publication of Ordinance No. 279 at least thirty days prior to June 12, 1973. All Voted Aye, ORDINANCE NO. 279 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO IN- CLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY, ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CIT- IZENS AND BINDING SAID INHABITANTS BY ALI, OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. Whereas, the City Council of: the City of Nederland, by virtue of Section 1.04 ' (e) of the Charter of Nederland and in accordance with V.A.T.S. Article 970 -A, has the power to annex additional territory lying adjacent to said City; and whereas, it is the decision of the Council that the following described territory shall be annexed to the City of Nederland; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I. That the following described property shall be annexed to the City of Neder- land, Texas: Tract I - Beginning at a point situated ten (101) feet Northeast from the point made by the intersection of the Southeast boundary line of Canal Avenue (Viterbo Road) with the most Northerly right -of -way line o of U.S. Highway 69, said point being in the most Southeasterly right - of -way line of Canal Avenue as established in Annexation Ordinance No. 169 as amended in final form; thence Northwesterly along and with the present City Corporate Limit Line, a distance of ten (101) feet to pre- sent point for corner in City Corporate Limit Line; thence, Southwest- erly along and with the present Corporate Limit Line, crossing U.S. Highway 69, to point for corner in present corner in present Corporate Limit Line, said point for corner being ten (109) feet at right angle from the Southwesterly right -of -way line of U.S. Highway 69; thence, Northwesterly along and with the present Corporate Limit Line, said ' line being at all points ten (101) feet at right angle Northeasterly from the Southwesterly right -of -way line of U.S. Highway 69, to an in- tersection of said Corporate limit Line with the Southwesterly extension INN Minutes continued - April 24, 1973 of the Southeasterly right -of -way line of County Road commonly called and named Spurlock Road, a point for corner; thence, Northeasterly along and ' with the Southwesterly extension of said Southeasterly right -of -way of Spurlock Road, passing and crossing the Northeasterly right -of -way line of U.S. Highway 69 and continuing along and with the Southeasterly right - of -way of Spurlock Road to an intersection of said right -of -way with the Northeasterly right -of -way of Eighteenth Street, a point for corner; thence, Southeasterly along and with the Northeasterly right -of -way of Eighteenth Street right -of -way, to an intersection of said Northeasterly right -of -way, and a projection thereof, with the Southeasterly right -of -way line of Canal Avenue same being also the present City Corporate Limit as established and described in Annexation Ordinance No. 126 a point for corner; thence, South- westerly along and with the Southeasterly right -of -way of Canal Avenue to the point or place of beginning. Tract II - Beginning at a point made by the intersection of the Northwest- erly right -of -way line of Avenue H with the Northeasterly right -of -way line of the Kansas City Southern Railroad right -o£ -way, said point being also a point for corner in the City of Nederland Corporate Limit Line; thence, Southeasterly along and with the City Corporate Limit Line, same being the Northerly right -of -way line of said K.C.S. Railroad, crossing Avenue H to the Southeasterly right -of -way line of Avenue H. a point for corner; thence, Northeasterly along and with the Southeasterly right -of -way line of Avenue H to a point of intersection of said right -of -way of Avenue H with the South- easterly projection of the Northeasterly boundary line of Highland Park Ad- dition to the City of Nederland, Texas, said intersection being a point for corner; thence, Northwesterly along and with the Southeasterly projection of said Northeasterly boundary line of Highland Park Addition, crossing Avenue H to a point, said point being located in the Northwesterly right -of -way line of Avenue H, the most Easterly corner of Highland Park Addition to the City of Nederland, and also located in the present City of Nederland Corporate Lim- it Line; thence, Southwesterly along and with the City of Nederland Corporate Limit Line, same being also the Northwesterly right -of -way line of Avenue H, to the place or point for beginning. Tract III - Being a 1.950 -acre tract of land out of the Southern portion of Tract 8 -C of the McFaddin -Weiss -Kyle instrument of partition, recorded in Volume 13, Page 105, Minutes of the 60th District Court, said 1.950 -acre tract being out of the J. S. Johnson Survey, Abstract 34, Jefferson County, Texas, said 1.950 -acre tract being bounded on the Southwest side by Texas State Highway 347, on the Northwest side by the South access road to the DuPont Plant, on the Northeast of the right -of -way of the K.C.S. Railroad main line, on the Southeast by the 7.749 -acre Big Three Industrial Gas and Equipment Co. tract, said 1.950 -acre tract being described by metes and bounds as follows: Beginning at a 1� -inch very old pipe set in concrete which marks the most Easterly corner of the said Tract 8 -C, said pipe also being the most Northerly corner of said 7.749 -acre tract, said pipe being located on the Southwesterly right -of -way line of the K.C.S. Railroad main line; thence, South 50 deg. 4 min. West along the Northwesterly line of the 7.749 -acre tract and the Southeast line of said Tract 8 -C, a distance of 1 1 Minutes continued - April 24, 1973 493.27 feet to a concrete monument for corner in the Northeast right - of -way line of the Texas State Highway 347, said monument being the most Westerly corner of the 7.749 -acre tract; thence, North 48 deg. 00 min. 'lest along the said Highway right -of -way line a distance of 137.81 feet to a concrete monument for corner in the Southeast right -of -way line of the South access road to the DuPont Plant; thence, North 42 deg. 50 min. East along the access road right -of -way line a distance of 501.26 feet to a concrete monument for corner in the Southwest line of the K.C.S. Railroad main line right -of -way; thence, South 40 deg. 13� min. East along the said railroad right -of -way line a distance of 205.27 feet to the place of beginning, containing in area 1.950 -acre of land, more or less, said Tract III being also an extension of the city limit boundar- ies of the City of Nederland as established by Ordinance No. 189 as adopted by the Nederland City Council in its amended form or second and final reading August 22, 1963, at 9;05 P.M. 1.�sy Upon passage by the City Council of this Ordinance, said Ordinance shall be pub- lished in the official newspaper of the City of Nederland one time and shall not be fi- nally acted upon until thirty days have elapsed after the publication thereof. Any citizen of the City of Nederland, or resident or owner of the territory to be an -. nexed, shall have the right to contest said annexation by filing with the City Council a written petition setting out reasons for said contest, and after such citizen, res- ident or owner shall have been given an opportunity to be heard, said Ordinance, in its original form, or amended form, as said City Council in its judgment may determine, shall be finally acted upon, and any territory so annexed shall be a part of the City of Nederland. II. All inhabitants of said property annexed shall be granted all of the rights and privileges of other citizens and said inhabitants shall be bound by all of the acts, ordinances, resolutions, and regulations of said City. III. It is the intention of the City Council in the passing of this Ordinance that the property lines described in this Ordinance take precedence over any conflicting property lines described in any prior annexation Ordinance. IV. If any section, portion, subdivision, clause, or provisions of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the valid- ity of this Ordinance as a whole, or any part or provision thereof, other than the part so described to be invalid. PASSED by the affirmative vote of of Nederland, this the day of _ members of the City Council. of the City . 1973. SIT. E. LEE JR. T. E. Lee, Jr., Mayor City of Nederland, Texas 1�JU Minutes continued - April 24, 1973 ATTEST: S /BETTY HILL ' Betty Hill, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas (Passed on the first reading by the affirmative vote of five members of the City Council of the City of Nederland, this the 24th day of April 1973.') Several citizens were present to discuss with the City Council their drainage problem along 36th and 37th Streets and Avenue C and 21st Street area and presented a petition signed by 101 persons, A motion was made by Mr. Lee and seconded by Mr. Gillespie that the City will make a study of all problem areas in Nederland that have high water problems and the City of Nederland will do all in their power to work with the Drainage District No. 7, Highway Department and other entities in the area. All Voted Aye. I A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve plans for side- walks and authorize requesting bids to be received 6 :30 P.M., May 22, 1973. All Voted Aye. The meeting was adjourned at 8:03 P.M. T. E. Lee, Jr., Mr Y City of Nederland, Texas ATTEST: f Betty Hi C, Acting City Secretary City of Nederland, Texas i 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. The meeting was called to order at 6:3(l P.M. by Mayor T. E. Lee, Jr. May 8, 1973 1 1i 1_ Members present were R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., and Mr. R. A. Nugent. Mr. Sam Gilespie was absent. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve Minutes of the previous meeting. All Voted Aye. Sealed bids were received and opened for purchase of annual supplies as follows: WATERWORKS SUPPLIES Mabry Foundry Jones Supply Neptune Meter Utility Supply Hollifield Fittings Supply Co. Southwest Meter Rohan Co. Minicipal Pipe Gamon- Calmet Badger Meter, Inc. Norvell- Wilder Rockwell Manuf. Hersey - Sparlding PETROLEUM PRODUCTS Texaco, Inc. CHEMICALS Regent Chemical J. W. Jones Chem. SEC Corp. Van Waters and Rogers Stauffeur Chemical McKesson Chemical American Cynamid Thompson - Hayward STREET SIGNS Specialty Sign Vulcan Sign ABC Manufacturing VePed Lowen Co. TIRES Jack's Tire Service White Tire Supply CONCRETE DRAINAGE PIPE Ritter Lumber Company L. B. Nicholson READY MIX CONCRETE Transit Mix Smith Corp. SEWER PIPE Mabry Foundry Ritter - McCauley A motion was made by Mr. Nugent and seconded by Mr. Sawyer to refer the bids to the City Manager and his staff for tabulation and recommendation at a later date. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve an agreement with Mid- County Y.M.C.A. to provide for street and drainage maintenance along 17th Street extended across Canal Avenue. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve Change Order No. 1 with Mid -South Tank and Utilities, Inc., on South 5th Street Tank painting, Job 372 -58C, for $350.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Le Blanc to approve payment of Estimate No. 1 to Crabtree Construction Co. from Developer's Escrow Account for Helena Terrace Addition water and sanitary sewer facilities, $16,558.88. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve Estimate No. 8 to Port City Construction Co., Inc., for waste water treatment facilities, W.P.C. - Tex -630, $55,956.00. All Voted Aye. E12 Minutes Continued - May 8, 1973 A motion was made by Mr. Lee and seconded by Mr. Nugent to register our support of appropriations in behalf of the South Jefferson County Flood Control Project and specifically the completion of the westerly portion of the levee embankment and ' 2,500,000 gallon per minute Alligator Bayou Pump Station with Congressman Jack Brooks and Senator Lloyd Bentsen as a result of a meeting with Jefferson County Drainage District No. 7 requesting improvement of drainage outfall structures serving the area from 34th Street to U. S. 69 and from Nederland Avenue to Helena Avenue, All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to accept progress report on "Dog Clean -Up Program" as reported by the City Manager, ten dogs picked up with two cases filed in Corporation Court. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of monthly bills in the amount of $8,749,12 by General Fund Checks No, 2918 -2958 and $9,729,04 by Water Fund Checks No, 0315 -0349, All Voted Aye, The meeting was adjourned at 7 :50 P.M, ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas T. E. Lee, Jr., P yor , City of Nederland, Texas 1 REGULAR MEETING FT HE CITY A COUNCIL OF THE CITY May 22, 1913 6:30 P -M- b Mayor T. E. Lee, Jr. The meeting was called to order at 6:30 P.M. Y Y Nugent, and Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. R. A. Members p resent were Mr. fter 6:50 P.M. Sam Gillespie. ^1r. C. N. LeBlanc was present a Sealed bids were op ened and read for construction of sidewalks along Ave "H" and Helena Avenue. Bids received were as Follows: T COMMENTS BS HELENA AVENUE H BIDDER 57 24,723.00 27,180.00 Trotti and Thompson 40 57 22,060.00 249000.00 Both or Neither) ated 120 22,828.00 23,586.50 Sabine Consolid 57 24,490.00 Port City Construction 60 5/ 23,940.00 Mar -Len, Inc. Nugent and seconded by Mr. Gillespie to refer the above A motion was made by Mr. All Voted Aye. described bids to the City Manager and his staff for recommendation. accept the low bids Sawyer and seconded by Mr. Gillespie to and Manager and his staff as A motion was made by Mr. Y J. W. Jones, lies as recommended by the City Stauffeur Chemical, for purchase of annual supp Municipal Pipe; Chemicals, follows: Waterworks Supplies, White Tire Supply; Concrete Drainage Thompson - Hayward; Tires, Rohan Co.; Signs, Van ?.Waters and Rogers, Concrete, Smith Material Co.; Sewer Pipe, Pipe, Ritter Lumber Co.; Specialty Sign & Mfg- Co. All Voted Aye. ded ti Mr, Nugent to approve a Public Hearing A motion was made by Mr. Lee and secon to be held on June 26, 6:30 P.M., for adoption of an Amendment tolOrannaTea on . n -Gage changing Zoning from Residential to Semi - Residential and Parking Avenue at 4th Street. All Voted Aye. Mr. LeBlanc was present after 6:50 P.M* Sawyer to accept the recommendat400 A motion was made by 14r. Nugent and seconded by Mr• y lights as follows: Two of the Of the City Manager pertaining to installation of street street lights to be located one on 7,000 LaiV lights as watt high intensity sodium vapor Twenty -one , the Propose "yard park, equipment installation e accordance with Improvements sketch; ht in the 1500 Block of Kent Avenue on shown on Sheet 24 of G ?aste Treatment Plant Improvements showing lighting plan"; One 7,000 LMV street Wig Telephone Co, pole No. 32768; and, One 3,000 LMV street light on corner of 36th Street and Detroit Avenue. A11 Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to table action On an Aye- to to Ordinance No. 229 to allow time for further study and Teie ton adopt All following Mr. Nugent and seconded by si•nsiateseverto locatiotts. All Voted A motion was made by 107 authorizing stop g Amendment to Ordinance No. Aye. EM Minutes -May 22, 1973 AMENDMENT TO ORDINANCE NO. 107 Page 2 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC ' STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including required stop signs: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - Stop Signs A stop sign shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP 31st Street at Youmans Drive STOP Atlanta Avenue at 36th Street Section 2 - Penalty Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less t}an $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section 3 - Repealing Clause Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 22nd day of May, A. D., 1973. T. E. LEE JR /ksm Thomas E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER /ksm ' Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: W. E. .CANDERSON 1,1. E. Sanderson, City Attorney City of Nederland, Texas Minutes May 22, 1973 Page 3 1 �j 5 A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept the Nederland- _ Port NAches- Groves study of consolidation of some police functions as prepared by ' Bernard Johnson Associates, Inc, and at some future time to take under consideration the recommendation of the Police Chief and City Manager and his staff concerning the study. All Voted Aye. The meeting was adiourned at 7 :30 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 T. E. Lee, Jr., tayor City of Nederland, Texas 196 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , June 12, 1973 The meeting was called order at 6:30 P. M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. F. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the Minutes of the previous meeting as written. All Voted Aye. Police Chief Billy Neal was commended publicly by the Mayor for being chosen "Top Police Officer of the State of Texas" by the Texas Knights of Columbus Council. A preliminary written report from Mr. Gene Hebert on the City - School Summer Recreation Program was read by the Mayor. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to accept the report of the Summer Recreation Program as read. All Voted Aye. A Public Hearing was conducted regarding annexation and adoption of annexation Ordinance No. 279 in its amended form, deleting Tract I from original description, on second and final reading. Approximately twenty citizens were present to discuss the problems in- volved. ' A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to delete Tract I from the original description and to approve adoption of Ordinance No. 279 in its amended form. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to table action on authorizing a reapplication for federal wastewater grant and an infilteration study, etc., for the proposed annexation area. All Voted Aye. Mr. D. H. Bihm was present to ask "what kind of street is supposed to be installed along right-of-way near Nashville and 31st Street." A motion was made by Mr. Lee and seconded by Mr. Sawyer to defer action on this question to allow time for study and recommendation from the City Manager and City Engineer as to how to allow access to Dr. Rienstra's property while also protecting the Class One Subdivision. Messrs. Gillespie, LeBlanc, and Nugent Voted No; Messrs. Lee and Sawyer Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie that if street is built along right-of-way near Nashville and 31st Street that it will be concrete from the existing concrete street to back addition property line. Messrs. Sawyer and Lee Voted No; Messrs. LeBlanc, Nugent, and Gillespie Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize the use of Park Drive by Babe Ruth League during July 15 to July 21 tournament as per sketch Submit- ted by Mr. Lonnie Smith and Mr. Bob Harmon with 451 additional extension if necessary. All Voted Aye. Minutes Continued, June 12, 1973 1 `) A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize the laying of cable by Port Arthur Cablevision, Inc., along FM 365, 37th Street and Park Drive as indicated on the submitted sketch. All Voted Aye. ' bids A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to reject for sidewalks as received May 22, 1973, and authorize temporary employment three months) of five (5) laborers to permit street department to perform the work. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the submitted list of 27,600 LF of street to be added to this summer's street "overlay project." All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve the attendance and expenses for three wastewater plant operators to attend wastewater school — Lamar University, June 18 to 28. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertise- ment for bids to be received 6:30 P.M., July 10, 1973, for purchase of two (2) twenty cubic yard garbage bodies and chassis and twenty (20), three (3) cubic yard containers less "tradeins" per submitted specifications. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve payments from 1970 Sanitary Sewer System Fund as follows: Port City Construction Co., Estimate No. 9, Wastewater Treatment Plant, $67,376; Chas. R. Haile Associates, Inc., May 1- 369 -10D, $898.65; June 1- 369 -10D, $1,301.90. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of ' bills for the month of May in the amount of $13,991.91 by General Fund Checks No. 2989 -3045, $19,268.86 by Water Fund Checks No. 0357 -0401, and $95, 138.35 by Revenue Sharing Checks No. 111 -114. All Voted Aye. The meeting was adjourned at 9:15 P. M. T. E. Lee, Jr., MVor City of Nederland, Texas ATTEST: a��, \ - -- - Alta Fletcher, City Secretary City of Nederland, Texas 1 EIN REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 26, 1973 The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr, Members present were Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. R. D. Sawyer was absent. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve minutes of the previous meeting as written. All Voted Aye, A Public Hearing was conducted for the purpose of hearing all protests and determin- ing the disposition of a proposed Amendment to Zoning Ordinance No. 146 rezoning from Semi - Residential and Parking District to Commercial of small tracts and lots along Gage Avenue between Atlanta and Boston Avenues. Mr. Clarence Hailey wanted clarifica- tion of location, but no protests were made known. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 146. All Voted Aye. AMENDMENT TO ZONING ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN ZONING DESIG- NATIONS, PROVIDING ZONING 14AP DESIGNATIONS, AND PROVIDING AN EFFEC- TIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 2 GENERAL: There shall be a change from Semi - Residential and Parking District to Com- mercial, the following described property: Lots 7 and 8, Block 10, Johnson Addition and a parcel of land fronting on Gage Avenue between Atlanta and Boston Avenues, be- ing 296' in width and 90' in depth, more definitely defined as a part of Lots 3 and 4, Block 16, Range E, PALCO. SECTION 17 WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publica- tion as required by law, PASSED, ADOPTED, AND APPROVED this 26th day of June, 1973, S /T. E. LEE, JR. ' ATTEST: T. E. Lee, Jr., Mayor City of Nederland, Texas S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas Minutes continued - June 26, 1973 °� 1 � c APPROVED AS TO FORM; S1W• E SANDERSON "• Sanderson City of Nederland, Te Attorney Texas A motion was made by Mr. Gillespie and seconded b Agreement and Ordinance No, 280 establishin* owned b Y Mr, Nugent to approve the following Y Big Three Industries t an Industrial District of certain Inc, All Voted Aye. property ORDINANCE N0, 280 ORDINANCE AUTHORIZING CONTRACT ESTABLISHING AN OVER CERTAIN TERRITORY OF BIG THREE INDUSTRIES INDUSTRIAL DISTRICT THE VALUATION OF CERTAIN PROPERTY OF BIG THREE' INC METHOD OF ESTABLISHING CONTAINING T PROVISIONS ERELATINGRTVIDING DETAILS RELATING T INC. AND EATING THERETO; AND WHEREAS, the Mayor and C Three Industries ity Council of the City an industrial district over certain t lly desirous of entering Nederland Texas, and Big Property g into a contract establishing Y owned by Big Three Industries WHEREAS, this City , Inc,; and, agreement in writing y Council deems it desirable that said City g establishing an industrial district; enter into an BE IT , therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, Section •o�� That the Mayor, • land, Texas are hereby the City Council and the authorized to City Secretary of the City execute an a y Industries, Inc,, which agreement shall of Sieder- greement in writing with in substantially the follow the Big Three ing form; AGRNT THE STATE: OF TE, {AS � CCU*7TY OF JEFFERSON THIS AGREEMENT m Home -Rule muni , ade and entered into b cipal corporation Y and between the Cit acting b and in Jefferson County, Texas Y of Nederland, a Industries through its Mayor and the members of its City hereinafter called "City ", Inc., a Texas corporation with Y Council called "Company}', permit to , and Big Three do business in Texas, hereinafter WITNESSTH THAT; WHEREAS, owner of the Company is the graphs I and II; and, property hereinafter described in Para- 200 Minutes continued - June 26, 1973 WHEREAS, pursuant to such agreement, the City of Nederland enacted Ordinance No. 279, annexing a portion of Company's property to City; and, ; WHEREAS, City and Company with to enter into an agreement whereby a portion of Company's property should be within the corporate limits of the City and subject to City taxation; and, WHEREAS, Article I. Section 5, Chapter 160, Page 447, Acts of the 58th Legis- lature of Texas, 1963, grants to the City the right, power and authority to designate any part of the area located in its extra - territorial jurisdiction as an industrial district and grants to City the right and power to enter into an agreement with Company to guarantee the continuation of the extra - territorial status of the hereinafter des- cribed real estate of Company for a length of time not to exceed seven (7) years. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which is acknowledged, it is agreed by and between the parties as follows: z. City and Company agree, and City hereby affirmatively finds, that the follow- ing described real estate was annexed to City by Ordinance No. 279: Being a 1.950 -acre tract of land out of the Southern portion, of Tract g -C of the McFaddin -Weiss -Kyle instrument of partition, recorded in Volume 13, Page 105, Minutes of the 60th District Court, said 1.950 - acre tract being out of the J. S. Johnson Survey, Abstract 34, Jef- ferson County, Texas, said 1.950 -acre tract being bounded on the South- west side by Texas State Highway 347, on the Northwest side by the South access road to the DuPont Plant, on the Northeast of the right - of -way of the K.C.S. Railroad main line, on the Southeast by the 7.749 - acre Big Three Industrial Gas and Equipment Co, tract, said 1.950 -acre tract being described by metes and bounds as follows: Beginning at a 1z -inch very old pipe set in concrete which marks the most Easterly corner of the said Tract 8 -C, said pipe also being the most Northerly corner of said 7.749 -acre tract, said pipe being located on the South- westerly right -of -way line of K.C.S. Railroad main line; thence, South 50 deg. 4 min, 14est along the Northwesterly line of the 7.749 -acre tract and the Southeast line of said Tract 8 -C, a distance of 493.27 feet to a concrete monument for corner in the Northeast right -of -way Line of the Texas State Highway 347, said monument being the most Westerly corner of the 7.749 -acre tract; thence, North 48 deg. 00 min. West along the said highway right -of -way line a distance of 137.81 feet to a concrete monument for corner in the Southeast right -of -way line of the South access raod to the DuPont Plant; thence, North 42 deg. 50 min. _ast along the access road right -of -way lire a distance of 501.26 feet to a concrete monument for corner in the Southwest line of the K.C.S. Railroad main line right -of -way; thence, South 40 deg. ' ll' min. East along the said railroad right -of -way lira distance of 205.27 feet to the place of beginning, containing in area 1.950 acres of land, more or less. Said tract being also an extension of the city 1 ;4inutes continued - June 26, 1973 120 1 limit boundaries of the City of Nederland as established by Ordinance No, 189 as adopted by the Nederland Cit on second and final reading Council in its amended form g August 22, 1963, at 9:05 P.M. II, City and Company further agree, and Company described real estate shall, after the effective datehofebY requests, that the following extra - territorial Page 447 jurisdiction of City, as the term is used 11, Article of Chapter he Acts of the 58th Legislature of Texas ' be within the jurisdiction ie the City shall expa*�d to and compr�se�all dof that Three extra - territorial Three Industries, Inc, or Big Three Gas and fi aries that falls within that Property owned by Big its extra-territorial 9uipment Company or any of their subsidi- portion of the property alloted to the City as being City xt Port Arthur jurisdiction by a contract between the City Texas and the City of Nederland within which is attached hereto and made a o£ Beaumont, Texas, -property art of this Contract aandda re July 20, 19t and y described herein in of I; notwithstanding jurisdiction of City agreement, except that Of Section 3 Y aY be extended beyond the distanceglihe act that the extra - territorial of Article 1, Chapter 160, Page 447, Acts of the 58th Legislature of Texas I963, y Sub- Section A III, During the term of this agreement, felt, City will not annex or attemt and so long Paragraph II hereof and will not lev to annex an g as it is in full force and ef- y part of the property described in Property. It is specifically y or attempt to levy Agreement shall not affect theagre validity e ad valorem tax on such understood by the parties hereto that this described in Paragraph I hereof to City of Ordinance No, in full force and effect, 279 annexing the territory Y, each party recognizing that such Ordinance is without the written consent COf Company, agrees during the term of this Agreement, that Paragraph I hereof or Pany, it will not disannex the territory consent to; (1) The incorporation of described in cribed in Paragraph II ;y city, town, or village within the territory C2) The formation of an des - the Supplying fresh water aforudomesticnohaving s n uses or t of g as one of nishing of sanitar its purposes, Paragraph II i sewer services within the territory the fur - rlunici ' within -the limits of the City's described in Municipal Annexation Act li its yes authorit Legislature of Chapter 160, Page 447 a,S granted by the (3) The the State of Texas, 1963; g ' Acts of the 58th annexation of any of the territory d city, town or village now in existence or which Paragraph II by any under the laws of the State oe Texas b f Y be hereafter created area to another governmental entity as a trade of such extra - territorial ation Act of 1963, permitted by said Municipal Annex_ IV. During the term of City on that part this agreement Company of its property which was annexed tothelCityYbydOrdinancetNo. 279 ine 202 Minutes continued - June 26, 1973 accordance with the Constitution and Laws of the State of Texas and the City, a po- litical Subdivision thereof. It is specifically agreed that Company will render and the City, through its authorized officers or representatives, will assess Company's property which lies with- in the corporate limits of City at a value as will make taxation within the limits of said City equal and uniform under the Constitution and Laws of the State of Texas. (B) For and in consideration of the Agreement to designate the territory described in Paragraph II hereof as an industrial district, and to continue such des- ignation thereof during the term of this Agreement, and in consideration of the other terms of this Agreement, Company agrees to pay to City, in addition to the tax payments under Paragraph IV(A) hereof, an amount which when added to the tax payment required by Paragraph IV(A) will result in a total payment to the City of Five Thousand Eight Hun- dred Twenty -Eight and no /100 Dollars ($5,828.00) for the year 1973 and each succeeding year thereafter shall be due and payable October 1, 1973 and a like amount on each suc- ceeding October 1st, during the term of this Agreement. It is agreed that the total amount required to be paid by Company to City under the terms of this contract, both for taxes and for payments in consideration of this Agreement, will not exceed the to- tal sum of Five Thousand Eight Hundred Twenty -Eight and no /100 Dollars ($5,828.00) per year or the amount which is required to make taxes on Comapny's property within the corporate limits of City equal and uniform with other City taxes, whichever is greater. (C) As an additional consideration running to City, Company agrees that dur- ing the term of this Agreement, it will not require utility services from City for its hereinabove described property, in the absence of further agreement. V. The payments to be made by Company under Paragraph IV(A) above are tax pay- ments and not payments in lieu of taxes. All payments required to be made under the terms of this Agreement shall be due and payable in each year at the same time that City taxes generally are due and payable. Upon receipt of the tax payment set forth in Paragraph IV(A), City will issue official receipt of City for full and complete payment of all ad valorem taxes upon property of Company within the limits of City for the tax year involved and City will also issue its receipt for the payment required under Paragraph IV(B), upon receipt of such payment. VI. In the event that City should for any reason dissolve or become disestablished in any manner during the term hereof, any unaccrued obligations, if any, of the Company hereunder shall immediately cease and any accrued obligations hereunder shall remain in full force and effect. VII. The terms of this agreement shall be for a period of seven (7) years, commencing retroactively on the 1st day of January, 1973 and ending on the 1st day of January 1980; provided, however, that in the event this agreement is not renewed and extended in the same or an amended form on or before the first day of October 1979, the agreement of the City not to annex additional property of the Company shall terminate on said date of 2 U Minutes continued - June 26, 1973 October 1, 1979. No provision hereof shall prejudice the rights of any of the parties hereto after termination of this Agreement. VIII. It is distinctly understood and agreed that this is a divisible contract, as to each year of its duration and the obligations and covenants to be performed by either party hereto during any year of this contract are hereby found and declared to be sep- arate, distinct and divisible from the covenants and obligations to be performed during any other year that this contract is to be in effect. If this contract is declared or adjudicated to be invalid for any year or years, such declaration or adjudication shall not affect the validity of the contract for any other year. IX. The terms and provisions hereof shall be binding upon and inure to the benefit of City and Company and the successors and assigns of the parties hereof. X. This Agreement is prepared in duplicate, each copy of which, when fully exe- cuted, shall be deemed an original. ' IN WITNESS WHEREOF, this Agreement is executed as of the 26th day of June, 1973. CITY OF NEDERLAND S/T E. LEE JR. T. E. Lee, Jr., Mayor ATTESTED AND COUNTERSIGNED: S /ALTA FLETCHER (Mrs.) Alta Fletcher City Secretary S /R. A. NUGENT S/E T. GILLESPIE JR. S /CARL N. LEBLANC COUNCILMEN APPROVED AS TO FORM: 1 S/4. EVERETT SANDERSON '1. Everett Sanderson City Attorney .2 0 1,73 ,jinutes continued - June BIG THREE ILIDUSTRIL,S I .D IC. T DrPA!iTMENT F.TpROVED , ,,S TO FORz1' LT.G,t BY- 1 Section and shall he �m- and all members of the in duplicate oxigina ent may be executed signed by the Mayor Teem City+ etary• That said Ag the orate seat °f the City Secx pressed with the core ned by and counter the City City Council, Sect officials of ropriate and /or cOVe °cent and other app necessary ox and City Secretdaor any and all things That the L`ay and directed to are hereby authori ro isions of this ordinance• out the P from and af- to carry Sect -- in full force ective and be ordained. That this oxdin ante shall beCOme of 1973, and it is so 1973. day of day of ter the ""�'— this �. --- PASSED AND APPROVED - -r "-- - - -� for of Tom E. Lee* land, Texas City of Nedex. ATTESTED P, COUNTER NESIGD: Citsecretary � 1 I (SEAL) of Nederland, Texas, certify THE STATE OF TEXAS of the City of an or ordinance, JEFFERSON 4 City Secretary copy COUNTY OF 9 a true and correct I, the undersigned oing is that the attached aof , June 1973. dated the 26th day '? k j i) Minutes continued - June 26, 1973 WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY, this 26th day of June, 1973. S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas (SEAL) A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to reappoint the following officials in accordance with the City Charter and as outlined in the ordinance establishing a Civil Defense Council for a period of one year from June 30, 1973: Alta Fletcher, City Secretary -Tax Assessor Collector; J. Melvin Franks, City Judge; J. B. McKinney, City Treas- urer; Billy J. Neal, Chief of Police; W. E. Sanderson, City Attorney; M. J. Cormier, Fire Marshall; Jerry McNeill, Civil Defense Director; and Vincent Grillo, Assistant Civil De- fense Director. All Voted. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the following agreement with Jefferson County providing for fighting of fires outside the City Limits by city forces and providing for maintenance of integral county roads within the city lim- its by the county. All Voted Aye. AN AGREEMENT THE STATE OF TEXAS KN01d ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON This agreement between the City of Nederland Municipal Corporation of the State of Texas, acting by and through the City Council of the City of Nederland and the County of Jefferson, acting by and through the Commissioners Court of Jefferson County, agrees as follows: I. That the City of Nederland agrees to furnish fire fighting equipment and person- nel outside the city limits of Nederland until the first day of January, 1975, all upon the following conditions: II. That the County of Jefferson will furnish equipment and personnel to be used in connection with the construction and reconstruction of the roads at the Midcounty Muni- cipal League Fire Drill Site and the streets and roads inside the City of Nederland that are an integral part of the road system of the County of Jefferson. III. The County of Jefferson agrees that the City of Nederland shall determine to what extent equipment and personnel of the City of Nederland shall be used outside the city limits of Nederland. IV. The City of Nederland agrees that the County of Jefferson shall determine to what '�06_ Minutes continued - June 26, 1973 extent equipment and personnel of the County shall be used on the road at the Midcounty Municipal League Fire Drill Site and in the City of Nederland on the construction and reconstruction of the streets and roads in said city. V. The County of Jefferson agrees that the acts of any person or persons, while fighting fires, traveling to or from the fires or in any manner furnishing fire pro - tection to the citizens of this County outside the City.of Nederland or any other cite, town, or village, shall be considered as the acts of the County of Jefferson in all notwithstanding such person or persons may be regular employees or firemen of the City of Nederland. VI. The City of Nederland agrees that the acts of any person or persons while constructing or reconstructing roads inside the corporate limits of the City of Nederland shall be considered the acts of the City of Nederland in all respects, notwithstanding such person or persons may be regular county employees. VII. It is understood and agreed between the County of Jefferson and the City of Nederland that this contract and agreement is under the terms and conditions of Ar- ticle 2351a -1, Revised Civil Statutes of Texas, and that the liability of each shall be that which is set forth therein. VIII. 'It is understood and agreed that should the fire insurance rate of either party be jeopardized any manner as a result of answering fire calls outside the city limits, then the parties shall have the right to terminate this agreement upon im- mediate notice, either written or oral to the other party. IN WITNESS WHEREOF, this agreement has been duly executed by the County of Jefferson on this day of , 1973, and by the City of Neder- land on this 26th day of June, 1973. THE CITY OF NEDERLAND s /T, E. LEE, JR, T. E. Lee, Jr., Mayor ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary CITY COUNCIL Robert Sawyer COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS Chester C. Young Norman Troy James A. Smith, Jr. 1 i Minutes continued - June 26, 1973 S /CARL N. LEBLANC Carl N. LeBlanc S /E. T. Gillespie, Jr. E. T. Gillespie, Jr. S /R. A. NUGENT R. A. Nugent APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney Dave Smith Ted R. Walker Fred G. Hill, County Clerk 10( There was lengthy discussion on a proposition concerning the construction of a private driveway or a public street along future 31st Street from Nashville Avenue North to the North boundary of Helena Park, Section Two. Dr. R. B. Rienstra requested permission to construct a 9' concrete driveway on this street right -of -way for access to his property. A motion was made by Mr. Gillespie and seconded by Mr. Nugent that if there is a street put in up to the back of the existing Class One Subdivision that it will be according to Ordinance No. 121 with concrete street and gutters. All Voted Aye. A motion was made by Mr. Lee, there was no second, that if Dr. Rienstra can out in a con- crete driveway that meets the requirements of the adjacent property owners that he be al- lowed to do so. There was no vote. A motion was made by Mr. Lee, there was no second, to table action on this request for further study by the engineers to estimate costs and for further recommendation in an effort to work out some solution. There was no vote. The Mayor moved on to the next item of business on the agenda. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to reopen Item No. 7 on the agenda for discussion and action. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to deny the request for a 9' concrete driveway through this dedicated street right -of -way. Mr. Lee Voted No; Messrs. LeBlanc, Nugent and Gillespie Voted Aye. It was mutually agreed that cost estimates for a Class One Subdivision street would be made so that Dr. Rienstra could make a proposal from that angle. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve final payment from the Developer's Escrow Account to Crabtree Construction Company for water and sewer facilities in Helena Terrace Subdivision in the amount of $1,494.62 and authorized maximum to be repaid developer under terms of Ordinance No. 121 of $19,136.71. All. Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize purchase of fuel and grease products from Martin d. Matthews, Inc. in accordance with quotations �+ 0(s Mlnute s continued Of Jun June 25, e 1973 Aye.. 7th and 13th in response to bid re homth S E T.iR,P,Csion of miscella guests for 6:34 P.T9,r May �r I973. dis eowners and oc fot joint Pur ne °us items fo All Voted cussion cone cupants o{ the chasing,' an r further Council ernin Premi `amendment consideration. ba July in g 1973 1974 ses to Perform tO Ordinance en agreement te°ta tiVetic be system rta.ining to em1 $udget to fpctrical work 0. 22g Fermtt with' r I.is PIoyeesr icie] r Pre1i g 69 and Ned In count t of equi wage an ly pre$ minary eriand Y; Draina Pment and d benefit ented to guest fro Avenue. ge Distr a tent Sr and City Mar m Martin- r condemna ict NQ. 7 ative rev mandator garet Count tion of report enue shat. Y gar - ',Teityel. Y Librar house on drainage ng bud rode ha tment benches; ement f system. County Asphal &lock ofiShin Vicinity of bind r a -b urger; not grass trimmin R.P,C� meet- t Plant stud 13th Street' re The ify K.C.S. g needed n g June 27th hi resignation of meeting was ad' to cut weedsio g sidewalks; dra ma high grass around -burned at 10:34 P.M, and stray dogs, ge Problem be- ATTEST: AItFl tch_��� City or Nederland eCretary r Texas Citu• Peer Jr r iayor Y of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 10, 1973 The meeting was called to order at 6 :30 P.M. by Mayor Pro -Tem, R. A. Nugent, Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr, R. A. Nugent, and Mr, Sam Gillespie. Mr. T. E. Lee, Jr, was absent. A motion was made by Mr. Gillespie and seconded by Mr. Sauoyer to approve Minutes of the previous meeting as written. All Voted Aye, Sealed bids for purchase of two (2) garbage trucks and 30 commercial containers, less trade -ins or sale, were opened and read. Bidders were Pak -Mor, Raiford Motors, George D. Pennell, Hobbs Trailer Service, Phillpott Ford, Benjamin Feld, International Harves- tor Company, and Davis Truck and Equipment Company, A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to refer the bids to the City Manager for tabulation and recommendation. All Voted Aye, A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to a pprove the following agreement providing for sanitary sewer service to a small area in Armstrong Estates and Crestview Additions by an Association, Mr. A. E. Brammer and others, contingent upon Association By -Laws, being approved by the City Attorney. All Voted Aye. 'THE STATE OF TEXAS � AGREEMENT COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into by and between the City of Nederland, a munic- ipal corporation in Jefferson County, Texas, hereinafter referred to as City and the Armstrong Estates - Crestview Additon Sewer Association, hereinafter referred to as Asso- ciation, WITNESSETH: I, The City, subject to and upon, the terms and conditions hereinafter set out agrees to furnish to the Association, the treatment of household sewage and the Association and,the members of the Association agree to pay for such sewer treatment service under the terms of this contract, and the rate provided for below. 2. The rate for the sewer service shall be Five and no /100 her of the Association, per month Dollars ($5.00 be increased to Six and creases its sewer until October 1, 1973, no /100 Dollars At In per mem_ that time the rate shall the rates within the limits6oPOtheeCitonth. event the City in_ shall pay, will the the be twice the rate for flimitssof Cin City, the citizensewithinmthee City _ Suly 10, 1973 ht- ts, rig f+ continued 3. easerlen the Minutes insurance, within materials, stem located he ASSOCia- de all labor, the sewe he supplied by cia will pr ."le to coristran fees to lion The As s° ticigencies nec The materials lowing is pipe lion. described as plastic and con fol of ^ways, of the Associa tot the limited „clean - but are not diametex, boundaries be 8 inches in out 504 feet along the line and a tiara include, Alt Sewer pipe shall slope of •25 I. 6 , TYFe 1 t ab the line installed tie end °f and a minimum 2241" 7 AST- shall he minimum Street ma °- ^,anholes installed at cover the Canal 2. �� shall be 1 have a 30 -1nch alling out steal ha of -"'b sewer line 4 The lines expense sew no /10 3. ball bear the for the 3 -inch d and Fifty all Sixty and degrees of One dred and Hundre hole tai' ands 54 -fee t e %ten the cost of Two Hun 4. City at to the pity a the cos and one manhole at and 'Pay h. outs' de ches 4,50) eac 5. Sewer tap 150.00) w e bran i$260.44) 4 -inch y 50/100 Dollars C$ �tjl�� dollars It in and sha of Foul 6. The AssOC a d o nsPectlOn fee ees ana plumb in& 4. vic b its em4l pay for S to e Y ection of the 5 'he Assoc ation neeri cost, not to to furnish ins Association. nsta],ation -eng City agrees cost t t the out: an 1 $225.40)• la the City eng the engi e o l en Y g e' ana no /100 Dollars T all one -balf °f dred and Tw 5• deny any exceed Tcao Hun s and aPPrOVe °r eserves the right t° obtai,. bid 'The ASSOCiatiOn r of the contracts on this PrOlect. 6• sewer lines or art A Sociatjon t and maintenance of the a d. from 'twenty' Sewert is Pro, tion sha operation of the Associa al and ball be trans - ershiPt L.N.�.A. C d and City water s The own limits intenance Canal Street to the , rlan stem Within the the Git y of cede operation and ma sever the a tea 1 r annXed into the wnership, Association- e ° unti then Nederland by t e to ., H a to the entire to $,e, City Of 7 • arhage or any Service t0 any vide tlien free felled t the City not pr°vi.de g this Contract-desires c lied for in The Associa thortza- h the Association not g. member ball be connected until further au mote than fifte pity an u t e AssOCtatlon. a NO from t tion be received 0 °411 � 10 1973 or before monthly statements on 15th of Minutes continued - July ' on or before the same shall be due and payable The City shall furnish members of the Association aid le or before the 15th o£ the the loth of each month and the delinquent unless hP to discontinue services � =dinance All payynents shall be ments as per City each month. The City shall bave the rig their nay o£ the month fall month which billed. becomes delinquent r the 15th month for be due on or before the line. member of the Asmo,,,hly Payment shall s on to 155. The first member of the Association tap ing the month that the 10. ontract, agrees that the of this c ranted) the privilege art of its consideration is hereby g The .associa- and it The ASS°CiI art as P reasonable times' plumbing City, its agents, and representative y setae alines at all inspect the sanitary connections minimum requirements of and permission to stns itself that all sewer connectio its members covenant tion covenants, binds and obligates classified this system shall be and The Association and ecifically hereafter installed in State Board of Health, stem any waste not sP As- the City and the Texas discharge into the sewer sY binds itself to furnish to tWethin tre City customers and agree to not n ry st Conversely, that it delivers to its t sanitary waste, uality as residential of the same q sociation sewage treatment 11. its corporate limits, be liable shall not that the City furnish sewage specifically understood and agree for failure to riots, lockouts, It is further sP of the Association nember by fire, strike, destruction or failure, total or partial, to the Association nor any therein, or s war or any Act of God or the or any units of equipment treatment under this contract if such fat ure of insufficient treat - storms, drought, treating plant or plants, b reason or the breakdown of any cause whatsoever, or Y the destruction or breakdown of any ing capacity. 12. of all damages, the Association hereby In order to protect the City from liability or any ex- the construction of the sewer line no Dollars a zees to keep in Force and effect during insurance in the amount of One Hundred Thous - g comprehensive liability T<ro Hundred Thousand and pO /1 one Hun - tensions thereof, 0,ono.on) each injury, insurance in the amount of ho Dollars ($10 damage liability o Hundred Thousand and and ono/fn aggYegate and property 000.00) each occurence and Two of dred Thousand and no / its members is ($200,0N% n Dollars ($loo Association or any �2oo 000.00) agSTegate. If the lo the sewer lines, the Association shall furnish the loo Dollars (a t doing art of the work in lay - and no/100 work in laying any P to do any Part of the require all contractors mentioned insurance and d will req to have the above be required to car - abcve said insurance an appurtenances thereto, will not the Asso- ing the sewer lines and app Sub - contractors In the event with evidence of same. rive contractor. to furnish the City aired to do so by the P the work, the Association will members are no to do any part of ry insurance unless required Of its The Association and /or the contractor sha ciation or any said insurance. force and effect. not be requited to carry furnish to the City, evidence that said insurance is n 13. sewage treat the City to Furnish s _ agree that it is the duty hts of the Association under this limits, The parties hereto orate city ment to its own residents first and that the rig tract are subordinate to the needs of the customers within the corporate 212 ?iinutes continued - July 10, 1973 and all other existing customers of the City at tlis ti-e. 14. It is agreed by the parties hereto that a violation of the terms of this contract by the Association, the'City shall have the right to terminate said contract by giving thirty (30) days written notice to Ifie Association or to the members of the Association who are tied into the sewer system. 15. This contract shall be null and void at the option of the City if this Association has not substantially done the work toward laying the sewer line and appurtenances there- to within six (6) months from date of this contract. IN WITNESS WHEREOF, the City of Nederland, Texas and the Armstrong Estates- Crestview Addition Sewer Association, respectively, during a legally convened meeting of the gover- ning body thereof, have entered into and caused this agreement to be signed in duplicate originals on this the 10th day of July, 1973. CITY OF NEDERLAND ATTEST: By S /T. E. LEE, JR. Mayor , S /ALTA FLETCHER City Secretary ARMSTRONG ESTATES- CRESTVIEW ADDITION - SEWER ASSOCIATION By President _ By Vice- President A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve construction at the cost of the City of a public street improvement in accordance with Ordinance No. 121 along 31st Street from Nashville Avenue to the North boundary of Helena Park, Sec- tion Two Addition, and in accordance with estimate made by Charles R. Haile Associates. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to accept the report of the Equalization Board hearings and to approve payment as budgeted to the members. All Voted Aye. A motion was made by "r. Nugent and seconded by Mr. Gillespie to accept the Annual Bud- ' get as presented by the City Manager in accordance withthe City Charter and adopt the following Resolution, above the Mayor's signature, setting a Public Hearing on the Bud- get for 6:30 P.M., August 14, 1973. All Voted Aye. '2 1-'1 1 Minutes continued - July 101 1973 A RESOLUTION A RESOLUTION BY THE CITY CCUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND ASFP EGA ED FISCALBYEAR BEGINNING OCTOBER A 1, GER, SUCH BUDGET SF 1974. 1973, AND ENDING SEPTEMBER 30, Council, a budget Manager has prepared and submitted to the City and offices for tdHEREAS, the City department activities, 1974, and; expenditures and revenues 1973, all city September 3 , estimate of exp inning October 1, the Fiscal Year beg after due hearing and consideration,, WHEREAS, such proposed and estimated budget, should be approved in its proposed, or amended form• Now, THER EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: the City Manager for the total expe That the budget as prepared and submitted by accepted and a Public each of the various departments of the City of Nederland for the Fiscal Year ditures in September 30, 19749 is hereby s budget in the pro - October 1, 1973, and ending August 14, 1973, to approve this budg beginning Charter. Hearing is hereby set for 6:30 P.M., posed or amended form in accordance with Article VII of the City this the 10th day PASSED AND APPROVED BY TH7, City Council at its regular meeting, of July, A.D., 1973. SST. E. LEE JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S/ALTA FLETCHER Secretary Alta Fletcher, City T -ecr City of Nederland, LeBlanc to approve attendance and +r, Sawyer and seconded by t-r. Volunteer Fire- made by M $egular Fireman Billy FheAll Voted Aye, expenses of firemen to annual Texas Vol man Jones, and one -half of cost for Volunteer Fireman Kenneth Spell. rove payments to Engin- Saw sawyer to approve Inc. for Estimate No, l A motion was made by Mr. LeBlanc and seconded by Mr. Y gallon Mid -South Tank and utilities, Sth Street 400 +000 g eers and Contractors as follows: from .dater Fund for painting in the amount of $11,134, Go „ Inc, for Estimate No. 10 in the elevated water tower; and, Port City Construction Plant Construc- amount of $26,800,00 from 1970 Improvement Fund for `.dastewater Treating tion. All Voted Aye. ie to approve Change Order rec- A motion was made by Mr. Sawyer and seconded by Mr. Gillesp' chlor- Haile Associates, Inc., to repair and modify old warehouse or b Chas. R. - 'dastewater Treatment Plant Job 369 10- Dater commended Y City Construction Co. Agency and the Texas ine building to Port roval of the Environmental Protection g Y $9,000.00, subject to approval Quality Board. All Voted Aye. 214 Minutes continued - July 10, 1973 A motion was made by Mr. Gillespie and seconded by iTr. LeBlanc to approve the following Resolution authorizing liens for weed mowing per Ordinance No. 78. All Voted Aye. A RESOLUTION WHEREAS, certain property owners within the limits of the City of Nederland are In violation of City Ordinance 78, in that they have allowed weeds, grass and brush to grow well over a height of six inches from the ground; WHEREAS, in compliance with Ordinance 78, the Fire Chief of the City of Nederland gave proper notice to the property owners of the herein described property, that unless Ordinance 78 was complied with, within ten (10) days, the City of Nederland would have the weeds, grass and brush cut and premises cleaned, and all costs, plus 10% interest would be adjudged against the owner of the property herein described, and a lien placed on the said monies; WHEREAS, the owners of the herein described property, to -wit: Lots 1 - 3, Block 1, Staffen Additon Lot 16, Blue Bonnett Addition have not complied with Ordinance 78; WHEREAS, it is now necessary for the City of Nederland to cause the weeds, grass and brush to be uct and premises cleaned on the herein described property and a lien placed upon the property as provided by the City Ordinance and the laws of the State of Texas; WHEREAS, since the City of Nederland does not have the proper equipment to perform such work, it is necessary to enter into an agreement with a private contractor to do such work; NOW, THEREFORF,, Br IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute in behalf of the City of Nederland, an agreement with Cureton and Son to cut the weeds, grass, and brush, and clean the premises on the herein described property for a total consideration of $20.00 and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 10th day of July, 1973. S/T. E. LEE JR. ATTEST:. T. E. Lee, Jr., Mayor City of Nederland, Texas S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/''.'. E. SANDERSON W. E. Sanderson, City Attorney , City of Nederland, Texas 1 Minutes continued - July 10, 1973 A motion was made by Mr. Nugent and seconded by ilr. Sawyer to approve the following Amend- ment to Ordinance No, 107 authorizing the installation and /or relocation of stop signs at several locations, AN AMENDMENT TO ORDINANCE N0, 107 AA' ORDINANCE AMENDING ORDINANCE NO, 107 '7HICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1,00) TO TWO HUNDRED DOLLARS ($200,00) DINANCE AND REPEALING ALL SECTIONS OF THIS OR- idHICH MIGHT BE IN CONFLICT UITH THIS AMENDMENT, UHEREAS, the City Council of the City of Nederland is of the opinion that a definite Policy should be established pertaining to traffic regulations signs: including required stop N07 THFREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - Stop Signs A stop sign shall be erected on All drivers of vehicles must come the following street at the cross street to a complete stop at such signs, indicated, STOP Boston Avenue at 24th Street STOP 24th Street at Detroit Avenue STOP 26th Street at Detroit .Avenue STOP 24th Street at Gary Avenue STOP S -15th Street at Avenue L STOP S -14th Street at Avenue L STOP S -13th Street at Avenue L STOP Franklin at 21st Street STOP S -12th Street at Avenue L STOP Avenue K at S -12th Street STOP Avenue K at S -13th Street STOP Avenue K at S -14th Street STOP Avenue K at S -15th Street STOP Avenue K at S -16th Street STOP Avenue L at S -16th Street REMOVE, STOP required along S -13th, S -14th, and S -15th at Avenue K REMOVE STOP required along Avenue L at S -12th, S -13th, S -14th, and S -15th. Section 2 - Penalty Any person who violates any provision of this Ordinance or who shall neglect to com- Ply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1,00 nor more than $200,0!1 and the violations of each separate Provision thereof shall be considered a separate offense. Section 3 - Repealing Clause Any and all Ordinances of the City of Nederland, Texas, in conflict with an Provisions of this Ordinance are hereby expressly repealed. Y of the PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on the 10 h day of July, A.D., 1973, t S /T. E. LEE JR, E E, Lee, Jr,, Mayor City of Nederland, Texas 11.6 ?iinutes continued - July 10, 1973 ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/'4. E. SANDERSON W, E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nugent and seconded by 'Mr. LeBlanc to authorize adverti-serr'nt for bids to be received August 14, 1973 to cut and /or clean twenty -three (23) parcels of land in accordance with Ordinance No. 78. All Voted Aye, A motion was made by Mr. Gillespie and seconded by tr. Nugent to approve payment of bills for the month of June in the amount of ,522,619,42 by General Fund Checks Nos, 3075 - .3112, $12,252.39 by Water Fund Checks Nos, 0418 -0448, and $12,103.65 by Revenue Sharing Chec'<s Nos. 116 and 117, a total. of $46,975,46, All Voted aye. Items for discussion were as follows: Letter of gratification from Z. I. Dupopt de Nemours to Johnny Cormier, Correspondence from Texas Department of Community Affairs to Don Kelly. Report from George Hallmar!c to D. B. Henson on previous discussion items. Jim Smith Survey of area North of Canal, Engaging Engineer to survey sewer lines to L ^!VA Canal - Seattle, 27th St, Babe Ruth Ball Park electrical bill, to Hwy, 64, Street light request in Blue Bonnett Addition, end of La *.•7rence, less than 1, ()00 feet. Babe Ruth Ball dinner, 'deenesday, July 18, noon, at Columbus Hall. Filing application for Federal Funds to repair streets. Infiltration Study, Rental of Back -hoe for drainage work, Helena Terrace street Iigbts and markers. Replacement of concrete street markers, Revenue Sharing statement to be published. Reconsideration of Insurance Agent, Workmen's Compensation, Committee on Self- Insurance, Longevity pay increased to $3.50. Railroad crossing on *ederland Avenue appears to be sinking. Fonding area on street near apartments behind deingartens. Drainage problem on 14th Street and Navasota; Hayes. Repairing of curbs in Helena Park, 900 Block 31st Street. Current map on street improvements. Overlay inspection, Franklin at 14th and 15th Streets. Service stations causing blind corners with signs; Gulf and Shaxroc!;, , The meeting adjourned at 10 :45 17.1% ATTEST: T Z. Lee, Jr, s yor, r zty of *'eder'and AI *_a Fletcher, City Secretary City of Nederland REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 24, 1973 The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve Minutes of the previous meeting as written. All Voted Aye. Mr. Gene Hebert, Director of the 1973 City - School Summer Recreation Program, presented a summary of the activities of the program along with recommendations for another year. There was a total enrollment of 450 children with a daily average attendance of 225. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to accept the report of the 1973 Recreation Program and to approve the recommendations for the 1974 Summer Recrea- tion Program. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve the following Resolution deleting delinquent tax assessed to Wesley Methodist Church per Article 8.09 of City Charter. All Voted Aye. RESOLUTION WHEREAS, the Wesley Methodist Church of Nederland, Texas, purchased Lot Nineteen (19), Block One (1), of Youmans Addition to the City of Nederland, Jefferson County, Texas, by deed dated September 12, 1956; WHEREAS, this property was not taken off the City of Nederland's tax rolls as of that date; WHEREAS, in order to comply with the State law and the request of the Wesley Methodist Church of Nederland, Texas, the City Council of the City of Nederland is desirous of removing the herein described property from the tax rolls of the City of Nederland; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the City Tax Assessor and Collector is authorized to remove from the tax records, the following described property, as of the 12th day of September, 1956, to -wit: Lot Nineteen (19), Block One (1), of Youmans Addition to the City of Nederland, Jefferson County, Texas; so long as the herein described property is used for church purposes. PASSED by the City Council this 24th day of July, 1973. S /T. E. LEE, JR. Tom E. Lee, Jr., Mayor Minutes continued - July 24, 1973 ATTEST: S ALTA FLETC H ER , (Mrs.) Alta Fletcher, City Secretary A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to accept the Developer's payment of $801.48 for street markers, street lights, and one -half of ornamental street light poles in Helena Terrace Addition. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize Gulf States Utilities to install a 7,000 lumen - mercury vapor street light on "dead ends" of 3400 Block of Lawrence, Memphis and Nashville. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to accept the recommendation of the City Manager and Director of Public Works in the purchase of three Gasoline Model CD -1710 @ $9,798.00 from International Harvester Company, three Model 220 @ $7,700.00 and one Winch @ $800.00 from Pak -Mor Manufacturing Company, less trade -in on three exist- ing trucks @ $6,600.00 for a total cost for three complete trucks, $33,494.00, and ten three - cubic -yard containers, less trade -in, from Pak -Mor Manufacturing Company at a total cost of $4,105.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve payment to Chas. ' R. Haile Associates, Inc., in the amount of $378.24 for Engineering Job 369 -1OD Waste- water Treatment Plant. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize City Manager, D. Bob Henson, to apply for $54,353.00 street and alley damages under Public Law 606, 91st Congress. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve attendance and expenses of three Water Department employees to attend Lamar University Utilities Short School, August 1 - 3, 1973. All Voted Aye. Discussion items were as follows: Blind corner, Avenue D and South 27th Street; Slope mower, Boston Avenue and 9th Street; 10th Street between Chicago and Detroit; Curb and gutter, Atlanta Avenue between 13th and 14th; driveway participation; Stop sign should be moved inside curbed area, Atlanta Avenue and 14th Street; Children at Play sign destroyed near park on Helena Avenue; Slope mower, near Opportunity Center, 10th Street and Boston Avenue; Noise, disturbing the peace, motorcycles; Fill dirt for Fire Drill Field; Neighborhood Youth Corp; Senior Citizen's Grant, $623.40 assessment; Self- Insurance Co -Op; Engineering service in excess of $1,000.00; Minutes continued - July 24, 1973 American Revolution Bi- Centennial; ' Repairing and maintaining portion of driveway on city property; Policy on private driveway; Baseball game, August 11th; Street improvement, 31st and Nashville; Budget, 87 increase to city employees. Meeting adjourned at 8:20 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 T. E. Lee, Jr., May6r City of Nederland, Texas G _1 (1 `*220 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 14, 1973 , The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent and Mr. E. T. Gillespie. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve the minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award the bid to Cureton d Son to cut weeds in accordance with Ordinance No. 78 and adopt Resolution. All Voted Aye. See Page 242 ( *). A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the 1973 -1974 Annual Budget in accordance with Article 7.06 of the City Charter and to adopt Ordinance No. 281 levying taxes. All Voted Aye. ORDINANCE NO. 281 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1973, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DE- LINQUENT TAXES; AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I That there is hereby levied and there shall be collected for the use and support of the Municipal Government of the City of Nederland, Texas, and to provide inter- est and sinking funds for the year Nineteen Hundred and Seventy Three (1973) upon all property, real, personal and mixed within the corporate limits of the said city, subject to taxation. A tax of One Dollar and Sixty Two Cents ($1.62) on each One Hundred ($100.00) Dollars valuation of property said tax being levied and appor- tioned to specific purposed herein set forth. (a) For the maintenance and support of General Government (General Fund) 55.78% of each One ($1.00) Dollar levied on the 1973 Tax Roll. (b) For the purpose of paying interest and principal on Seventy Thousand ($70,000.00) Dollar Water Works Tax Bonds, Series 1956, .95% of each One ($1.00) Dollar levied on the 1973 Tax Roll. (c) For the purpose of paying interest and principal on Sixty -Five Thous- and Five Hundred ($65,500.00) Dollar Fire Station Bonds, Series 1957, 1.08% of each One ($1.00) Dollar levied on the 1973 Tax Roll. (d) For the purpose of paying interest and principal on the Seven Hundred Seventy -Five Thousand ($775,000.00) Dollar Water d Sewer Improvement .z �4 i Minutes continued - August 149 1973 Bonds, Series 1959, 8,54% of each One ($1.00) Dollar levied on the 1973 ' Tax Roll, (e) For the purpose of paying interest and principal on Three Hundred Twenty Five Thousand ($325,000,00) Dollar Water & Sewer Improvement Bonds, Series 1960, 2.99% for each One ($1.00) Dollar levied on the 1973 Tax Roll. (f) For the purpose of paying interest and principal on Two Hundred Twenty Five Thousand ($225,000.00) Dollar Water d Sewer Improvement Bonds, Series 1961, 2.05% of each One ($1.00) Dollar levied on the 1973 Tax Roll. (g) For the purpose of paying interest and principal on the Twenty Thousand ($20,000.00) Dollar Fire Station Bonds, Series 1962, .19% of each One ($1.00) Dollar levied on the 1973 Tax Roll. (h) For the purpose of paying interest and principal on the Five Hundred Thous- and ($500,000.00) Dollar Street Improvement Bonds, Series 1962, 4.66% of each One ($1.00) Dollar levied on the 1973 Tax Roll. (i) For the purpose of paying interest and principal on be Three Hundred Thous- and ($300,000.00) Dollar Street Improvement Bonds, Series 1963, 2.83% of each One ($1.00) Dollar levied on the 1973 Tax Roll. (j) For the purpose of paying interest and principal on the One Million Eighty I Thousand ($1,080,000,00) Dollar Street Improvement Bonds, Series 1967, 9,30% of each One ($1,00) Dollar levied on the 1973 Tax Roll, (k) For the purpose of paying interest and principal on the Four Hundred Fifty Thousand ($450,000,00) Dollar Street Improvement Bond, Series 1969, 6.36% of each One ($1.00) Dollar levied on the 1973 Tax Roll, (1) For the purpose of paying interest and principal on the Three Hundred Fifty Thousand ($350,000.00) Dollar Sewer Improvement Bonds, Series 1970, 5.27% of each One ($1,00) Dollar levied on the 1973 Tax Roll. SECTION II Taxpayers shall be allowed no discount for the advance payment of their ad valorem taxes due the City of Nederland for the assessment year 1973, SECTION III That the ad valorem taxes herein levied for the year 1973 shall become due January 1, 1974, though payable on the first day of October, 1973, and may be paid up to and in- cluding the following January 31, 1974, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1974, and the following pen- ' alties shall be payable thereon to -wit: If paid during the month of February, one (1 %) percent; if paid during the month of March, two (2 %) percent; if paid during the month of April, three (3 %) percent; if paid during the month of May, four (4 %) percent; if paid =:2 Minutes continued - August 14, 1973 during the month of June, five (5 %) percent; and if paid on or after the ' 1st day of July 1974, eight (8 %) percent penalty. Such unpaid taxes shall bear interest rate of 6% per annum from February 1, 1974, the same being the next year succeeding the year 1973; and if paid on or after the 1st day of July, 1974, 6% interest; for which such taxes are hereby levied or assessed. Tax cost shall be One ($1.00) Dollar. SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1974, and shall be paid and collected as provided in Section II and III, hereof. PASSED AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL of the City of Nederland at its regular meeting of the said Council this 14th day of August 1973. S /T. E. LEE JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /BETTY HILL Betty Hill, Acting City Secretary City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt Amendment to Ordinance No. 155, changing sewer rates, effective October 1, 1973, All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE ESTABLISHING FAIR AND STANDARD WATER AND SEWER RATES, WATER CONNECTION FEES, SEWER CONNECTION FEES„ WATER METER DEPOSITS, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR DISCONTINUING OF WATER AND SEWER SERVICE FOR FAILURE TO PAY SUCH BILLS, ORDAINING OTHER MATTERS RELATIVE TO RENDERING WATER AND SEWER IN- SIDE AND OUTSIDE THE CITY LIMITS. WHEREAS, a revision should be made in the rates for sewer service now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. That rates per unit to be charged and collected by the City of Nederland, Texas, from all customers obtaining service from said municipality shall be and are hereby fixed as set forth below: 1 1 Minutes continued - August 14, 1973 SEWER RATES Residential (Per Month) 2,000 Minimum All over 2,000 Gallons (Per Month) Commercial (Per Month) 2,000 Minimum All over 2,000 Gallons (Per Month) Inside City Outside City $2.00 $4.00 .30 .30 $2.00 $4.00 .30 .30 �z '�zti 2. 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 of provision thereof other than the part so decided to be invlaid or unconstitutional. 3. This Amendment to Ordinance No. 155 shall become effective as of the 1st day of October, A.D., 1973. PASSED AND APPROVED by the City Council, City of Nederland, Texas, at a regular meeting this the 14th day of August, A.D., 1973. S /T, E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /BETTY HILL Betty Hill, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to amend the following contract for sewer service to J. Garth Mobile Home Park - an increase of 10% effective October 1, 1973. All Voted Aye. THE STATE OF TEXAS COUNTY OF JEFFERSON I KNOW ALL MEN BY THESE PRESENTS: ' WHEREAS, by instrument dated March 239 1971, the City of Nederland and Jay Garth, Inc., a Texas Corporation, entered into an Agreement providing for extension of the sanitary sewer system owned by the City of Nederland to Parkway Village Mobile Homes Estates; and, YY4 Minutes continued - August 14, 1973 WHEREAS, said parties desire to amend Article III of said Agreement as here- after set out: ' NOW, THEREFORE, for and in consideration of the premises, the undersigned hereby agree that Article III of said Agreement shall be deleted and the following shall be substituted in lieu and in place thereof: The rate for sewer service shall be as follows: Per month, minimum 2,000 gallon (Based on water usage) $2.20 All over 2,000 gallons (per month) $ .33 It is the intention of the parties to this Agreement that the City shall charge for all over 2,000 gallons (per month) throughout the terms of this contract 10% more per 1,000 gallons than the charge of residential sewer customers inside the City Limits as specified in City of Nederland Rate Ordinance Number 155 and the charge per customer as set out herein shall be amended and effective upon the effective date of any subsequent Amend- ment to Ordinance Number 155 which may be hereafter approved by the City Council of the City of Nederland, Texas Except as to amend said Agreement as hereinabove set forth, said Agreement shall remain unchanged as originally written and in full force and effect. IN WITNESS WHEREOF, this Agreement entered into and executed in duplicate origin- ' als, this 14th day of August, 1973, during a legally convened meeting of the governing body of the City of Nederland, Texas. _ JAY GARTH, INC. CITY OF NEDERLAND S /JAY E. GARTH T. E. LEE, JR. /S President Mayor ATTEST: ATTEST: S /ALYCE S. NEY S /BETTY HILL Asst. Secretary City Clerk A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Amendment to Ordinance 216. All Voted Aye. AMENDMENT TO ORDINANCE NO. 216 THE TEXAS MUNICIPAL RETIREMENT SYSTEM PARTICIPATION ORDINANCE AN AMENDMENT PROVIDING FOR THE INCREASE IN DEPOSITS TO BE MADE TO THE TEXAS MUNICIPAL ' RETIREMENT SYSTEM. BE IT ORDAINED BY THE CITY COUNCIL OF NEDERLAND, TEXAS: Minutes continued - August 14, 1973 Passed and approved this the 14th day of August, 1973, to become effective October 1, 1973. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S_/BETTY HILL Betty Hill, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize four -day forty -hour work week for two trucks of garbage department effective October 1, 1973. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to advertise for bids, 6:30 P.M., September 11, 1973, for 250,000 plastic garbage bags to be supplied to garbage customers not using commercial containers. All Voted Aye. There was a discussion with citizens from the 2900 and 3000 blocks of Avenue J con- cerning their drainage problems. Spokesman, Mr, W, E. McDonald. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to employ Caldwell and Associates, Planners for Mid - County area planning jurisdiction, City of Nederland's 1/3 participation not to exceed $2,437.00, balance by Texas Department of Community Affairs and authorize Mayor T. E. Lee, Jr., to sign Resolution upon receipt, and approval by the City Attorney. All Voted Aye. I A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to appoint a Citizen's Advisory Committee for one year to recommend and be kept informed during the progress of the plan's development. * Correction, Page 258, October 23, 1973 Section 4. ' In accordance with the provisions of the statute, the deposits to be made to the Texas Municipal Retirement System on account of current service of the employees are hereby fixed at the rate of five percent (57) of the earnings of each employee, and in determining the deposits to be made on account of such service the earnings of any em- ployee of any such department in excess of the sum of Forty Two Hundred Dollars ($4,200) in any one year shall not be considered. Passed and approved this the 14th day of August, 1973, to become effective October 1, 1973. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S_/BETTY HILL Betty Hill, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize four -day forty -hour work week for two trucks of garbage department effective October 1, 1973. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to advertise for bids, 6:30 P.M., September 11, 1973, for 250,000 plastic garbage bags to be supplied to garbage customers not using commercial containers. All Voted Aye. There was a discussion with citizens from the 2900 and 3000 blocks of Avenue J con- cerning their drainage problems. Spokesman, Mr, W, E. McDonald. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to employ Caldwell and Associates, Planners for Mid - County area planning jurisdiction, City of Nederland's 1/3 participation not to exceed $2,437.00, balance by Texas Department of Community Affairs and authorize Mayor T. E. Lee, Jr., to sign Resolution upon receipt, and approval by the City Attorney. All Voted Aye. I A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to appoint a Citizen's Advisory Committee for one year to recommend and be kept informed during the progress of the plan's development. * Correction, Page 258, October 23, 1973 '1 e t Minutes continued - August 14, 1973 Matt Furth, Chairman Robert Bodemuller R. J. Lawrence R. J. Williford, Co- Chairman Carl B, Morris W. E. McDonald Betty Hill. Secretary Edwin Anderson James Luther R. S. Buffington J. C. Woodson R. S. St. Clair Jerry McNeill Vincent Grillo Leo D. Tucker John T. Lewis Melvin Spittler Billy W. Doornbos Charles Lankford J. W. Shaw John Morgan Bobby Davis Homer Nagel Arthur Davis Mrs. Ella Killebrew Mrs. John Baucum Mrs. Ruth Crane Raymond Bennett John Siddal Jim McDaniel Robert E. Gray Donald Moye James Newberry D. B. Henson George Hallmark James Byers John Bamber J. B. McKinney Alta Fletcher M. J. Cormier Billy Neal Mrs. Betty Meyers Mrs. Helen Timmons Mrs. E, G. Deese Austin Sattler Charles Use Nolan Adams Jane Clotiaux Don Watt C. C. Arsement, Jr. L. B. Nicholson M. L. C. Lucke C. Q. Norton J. D. Chester John Hart S. T. Neel Cecil Fleming Hugh Foreman Stephen Graffagnino A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint George Hallmark, Building Official, as part -time Planning Administrator. All voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to table action on par- ticipation in Nederland Senior Citizen's Program of the South East Texas Regional Planning Commission, by Mr. Jim Robb, Director. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to participate to a maximum of $500.00 toward road and ground improvements to mutual fire drill field in accordance with agreement. dated January 22, 1968. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve policy per- mitting city - citizen participation in driveway improvement from street surface to property line. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the follow- ing Amendment to Ordinance No. 107 authorizing "Stop" signs at several locations. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1,00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS OR- DINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT, WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including required stop signs: 1 1 1 ZZ Minutes continued - August 14, 1973 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 -.Stop Signs A stop sign shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP Avenue A at South 16th Street STOP South 16th Street at Avenue B STOP Avenue A at South 17th Street STOP 3rd Street at Avenue E Section 2 - Penalty Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdeamnor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section 3 - Repealing Clause Any and all Ordinances of the City of Nederland, Texas in conflict with any of the provisions of this Ordinance are hereby expressly repealed. ' PASSED AND APPROVED BY the City Council of the City of Nederland, Texas, on this the 14th day of August, A.D., 1973. S /TAE. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /BETTY HILL Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S/W. E. SANDERSON W. E. S -inderson, City Attorney City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the sewer line and appurtenances plans of the Armstrong- Crestview Association extension. All ' Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to appoint a Nederland Bicentennial Committee to develop and coordinate plans toward a 1976 National Observance 'e 'e Minutes continued - August 14, 1973 with C. N. LeBlanc and R. A. Nugent as elected officials as ex- officio members. All Voted Aye. Don Watt, Chairman Betty Dixon, Co- Chairman J. W. Shaw, Co- Chairman Betty Hill, Secretary Jerry McNeill Pat Riley John Morgan Marcia Rienstra Carol Perkins Wes Sheffield Helen Timmons Dan Marcontel Dorothy Greene Billy W. Doornbos Jackie Miller Robert Davis L. C. Schneider Barbara Walters Loyce Coleman A motion was made by Mr. Nugent and seconded by Mr. Gillespie to transfer from Water Fund to General Fund $609655.00 in accordance with Section 15.02 of the City Charter. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve change order 46369- 10 -D -2 superseding change order 46369- 10 -D -1, approved July 10, 1973, regarding sewer plant chlorine building modification, $5,143.96; modify the remainder of the building at a total cost of $3,856.00. All Voted Aye. 1 A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the following Amendment to Ordinance No. 265, Industrial Waste Control by Texas Water Quality Board I and the Environmental Protection Agency. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 265 REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWERS OF THE CITY OF NEDERLAND, TEXAS, ESTABLISHING A PERMIT SYSTEM, ESTABLISHING A SYSTEM OF CHARGES FOR SERVICES RENDERED, REGULATING UNSEWERED AND MISCELLANEOUS DISCHARGES, AND PRO- VIDING FOR ENFORCEMENT. WHEREAS, the City of Nederland has provided facilities for the collection and treat- ment of wastewater to promote the health, safety, and convenience of its people and for the safeguarding of water resources common to all; and, WHEREAS, provision has been made in the design, construction and operation of such facilities to accommodate certain types and quantities of industrial wastes in ad- dition to normal wastewater; and, WHEREAS, it is the obligation of the producers of industrial waste to defray the costs of the wastewater treatment services rendered by the City of Nederland in an equitable manner and, insofar as it is practicable, in proportion to benefits derived; and, WHEREAS, protection of the quality of the effluent and proper operation of the waste- water collection and treatment facilities and quality of effluent may require either ' the exclusion, pretreatment, or controlled discharge at point of origin of certain types or quantities of industrial wastes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Minutes continued - August 14, 1973 SECTION I. DEFINITIONS. As used in this ordinance: ' (1) "APPROVING AUTHORITY" means the City Manager or his duly authorized represen- tative; (2) "B.O.D." (Biochemical Oxygen Demand) means the quantity of oxygen by weight, expressed in mg /1, utilized in the biochemical oxidation of organic matter under stan- dard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade; (3) "BUILDING SEWER" means the extension from the building drain to the public sewer or other place of disposal (also called house - lateral and house - connection); (4) "CITY" means the City of Nederland, Texas or any authorized person acting in its behalf; (5) "C.O.D." (Chemical Oxygen Demand) means measure of the oxygen consuming capac- ity of inorganic and organic matter present in the water or wastewater expressed in mg /l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily cor- relating with biochemical oxygen demand; (6) "CONTROL MANHOLE" means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer; (7) "CONTROL POINT" means a point of access to a course of discharges in the public sewer; (8) "GARBAGE" means animal and vegetable wastes and residue from preparation, cook- ing, and dispensing of food; and from the handling, processing, storage and sale of food products and produce; (9) "INDUSTRIAL WASTE" means waste resulting from any process of industry, manufac- turing, trade, or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater; (10) "INDUSTRIAL WASTE CHARGE" means the charge made on those persons who discharge industrial wastes into the city's sewerage system; (11) "MILLIGRAMS PER LITER" (mg /1) means the same as parts per million and is a weight -to- volume ratio; the milligram - per -liter value multiplied by the factor 8.34 shall be equivalent to pounds - per - million gallons of water; (12) "NATURAL OUTLET" means any outlet into a watercourse, ditch, lake, or other body of surface water or groundwater; (13) "NORMAL DOMESTIC WASTEWATER" means wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 300 mg /1 and BOD is not more than 250 mg /l; (14) "OVERLOAD" means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity; (15) "PERSON" includes corporation, organization, governement or governmental sub- division or agency, business trust, estate, trust, partnership association, and any other legal entity; (16) "pH" means the reciprocal of the logarithm (base 10) of the hydrogen ion con- centration expressed in grams per liter; (17) "PUBLIC SEWER" means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the City of Nederland; (18) "SANITARY SEWER" means a public sewer that conveys domestic wastewater or indus- trial wastes or a combination of both, and into which storm water, surface water, ground- water, and other unpolluted wastes are not intentionally passed; (19) "SLUG" means any discharge of water, wastewater, or industrial waste which in 14,51) Minutes continued - August 14, 1973 concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average , twenty -four (24) hour concentration or flows during normal operation; (20) "STANDARD METHODS" means the examination and analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examina- tion of Water and Wastewater" as prepared, approved, and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation; (21) "STORM SEWER" means a public sewer fahich carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not inten- tionally passed; (22) "STORM WATER" means rainfall or any other forms of precipitation; (23) "SUPERINTENDENT" means the Water and Wastewater Superintendent of the City of Nederland or his duly authorized deputy, agent, or representative; (24) "SUSPENDED SOLIDS" means solids measured in mg 11 that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which are largely removable by a laboratory filtration device; (25) "TO DISCHARGE" includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions; (26) "TRAP" means a device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes or then harmful substances; (27) "UNPOLLUTED WASTEWATER" means water containing: (A) no free or emulsified grease or oil; (B) no acids or alkalis; , (C) no phenols or other substances producing taste or odor in receiving water; (D) no toxic or poisonous substances in suspension, colloidal state, or solution; (E) no noxious or otherwise obnoxious or odorous gases; (F) not more than ten (10) mg /l each of suspended solids and BOD; and, (G) color not exceeding fifty (50) units as measured by the Platinum - Cobalt method of determination as specified in Standard Methods; (28) "WASTE" means rejected, unutilized or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, or industrial activi- ties; (29) "WASTEWATER" means a combination of the water carried waste from residences, business buildings, institutions, and industrial establishments, together with any ground, surface, and storm water that may be present; (30) "WASTEWATER FACILITES " includes all facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes; (31) "WASTEWATER TREATMENT PLANT" means any city -owned facilities, devices, and structures used for receiving, processing and treating wastewater, industrial waste, and sludges from the sanitary sewers; (32) "WASTEWATER SERVICE CHARGE" means the charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values estab- lished as representative of normal wastewater; and, (33) "WATERCOURSE" means a natural or man -made channel in which a flow of water occurs, either continuously or intermittently, X31 Minutes continued - August 14, 1973 SECTION II. PROHIBITED DISCHARGES. ' (A) No person may discharge to public sewers any waste which by itself or by inter- action with other wastes may: (1) injure or interfere with wastewater treatment processes or facilities; (2) constitute a hazard to humans or animals; or (3) create a hazard in receiving waters of the wastewater treatment plant effluent. (B) No waste or wastewater discharged to public waters may contain: (1) strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not; (2) fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg /l or containing substances which may solidify or become viscous at temperatures between thirty -two (32) and one hundred fifty (150) degrees Fahrenheit (0 and 65° Centigrade). (3) objectionable or toxic substances, exerting an excessive chlorine re- quirement, to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Approving Authority for such materials; or (4) obnoxious, toxic, or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of Section II (A). (C) No waste, wastewater, or other substance may be discharged into public sewers which has a pH lower than 5.5 or higher than 9.5, or any other corrosive property capa- ble of causing damage or hazard to structures, equipment, and personnel at the waste- ' water facilities. (D) All waste, wastewater, or other substance containing phenols, hydrogen sulfide, or other taste and odor producing substances, shall conform to concentration limits es- tablished by the Approving Authority. After treatment of the composite wastewater, con- centration limits may not exceed the requirements established by state, federal, or other agencies with jurisdiction over discharges to receiving waters. SECTION IV. HEAVY METALS AND TOXIC MATERIALS. (A) No discharges may contain concentrations of heavy metals greater than amounts specified in subsection (B) of this section. (B) The maximum allowable concentrations of heavy metals stated in terms of milli- grams per liter (mg /1), determined on the basis of individual sampling in accordance with Standard Methods are: (1) Arsenic 0.05 mg /1; (2) Barium 5.0 mg /1; (3) Boron 1.0 mg /1; (4) Cadmium 0.02 mg /l; (5) Chromium (Total) 5.0 mg /1; (6) Copper 1.0 mg /l; (7) Lead 0.1 mg /1; (8) Manganese 1.0 mg /1; ' (9) (10) Mercury Nickel 0.005 mg 11; 1.0 mg /1; (11) Selenium 0.02 mg 11; (12) Silver 0.1 mg /1; (13) Zinc 5.0 mg /1; 32 Minutes continued - August 14, 1973 (NOTE: In determining the concentration parameters to be included in the Ordinance, current state, federal, and other appropriate agency rules, regulations and orders I should be consulted, including Texas Water Quality Board Order 70- 0828 -5, regulating the discharge of hazardous metals into or adjacent to state waters.) (C) No other heavy metals or toxic materials may be discharged into public sewers without a permit from the Approving Authority specifying conditions of pretreatment, concentrations, volumes, and other applicable provisions. (D) Prohibited heavy metals and toxic materials include but are not limited to: (1) Antimony, (7) Uranyl ion, (2) Beryllium, (8) Rhenium, (3) Bismuth, (9) Strontium, (4) Cobalt, (10) Tellurium, (5) Molybdenum, (11) Herbicides, (6) Tin, (12) Fungicides, and (13) Pesticides. SECTION V. GARBAGE. (A) No person may discharge garbage into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one - half (1/2) inch in any dimension are prohibited. (B) The Approving Authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three - fourths (3/4) horsepower (0.76 hp metric) or greater. SECTION VI. STORM WATER AND OTHER UNPOLLUTED DRAINAGE. ' (A) No person may discharge to public sanitary sewers (1) unpolluted storm water, surface water, ground water, roof runoff or subsurface drainage; (2) unpolluted cooling water; (3) unpolluted industrial process waters; or (4) other unpolluted drainage. (B)In compliance with the Texas Water Quality Act and other statutes, the Approving Authority may designate storm sewers and other watercourses into which unpolluted drainage described in subsection (A) of this section may be discharged. SECTION VII. TEMPERATURE. No person may discharge liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65° Centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit or mor per hour, or a combined total increase of plant influent temperature to one hundred ten (110) degrees Fahrenheit. SECTION VIII. RADIOACTIVE WASTES. (A) No person may discharge radioactive wastes or isotopes into public sewers without the permission of the Approving Authority. (B) The Approving Authority.may establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewers. I Minutes continued - August 14, 1973 SECTION IX. IMPAIRMENT OF FACILITIES. ' (A) No person may discharge into public sewers any substance capable of causing (1) obstruction to the flow in sewers; (2) interference with the operation of treatment processes of facilities; or (3) excessive Loading of treatment facilities. (B) Discharges prohibited by Section 9 (A) include, but are not limited to materials which exert or cause concentrations of (1) inert suspended solids greater than 250 mg /1 including but not limited to (a) Fuller's earth (b) lime slurries; and (c) lime residues; (2) dissolved solids greater than 500 mg /l including but not limited to (a) sodium chloride; and (b) sodium sulfate; (3) excessive discoloration including but not limited to (a) dye wastes; and (b) vegetable - tanning solutions; or (4) BOD, COD, or chlorine demand in excess of normal plant capacity. (C) No person may discharge into public sewers any substance that may: (1) deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (2) overload skimming and grease handling equipment; (3) pass to the receiving water without being effectively treated by normal wastewater treatment processes due to the nonamenability of the substance to bacterial action; or (4) deleteriously affect the treatment process due to excessive quantities. (D) No person may discharge any substance into public sewers which: (1) is not amenable to treatment or reduction by the processes and facilities employed; or (2) is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over dis- charge to the receiving waters. (E) The Approving Authority shall regulate the flow and concentration of slugs when they may: (1) impair the treatment process; (2) cause damage to collection facilities; (3) incur treatment costs exceeding those for normal wastewater; or (4) render the waste unfit for stream disposal or industrial use. (F) No person may discharge into public sewers solid or viscous substances which may violate subsection (A) of this section if present in sufficient quantity or size including but not limited to: (1) ashes; (11) tar; (20) slops; (2) cinders; (12) plastics; (21) chemical residues; (3) sand; (13) wood; (22) paint residues; or (4) mud; (14) unground garbage; (23) bulk solids. (5) straw; (15) whole blood; ' (6) shavings; (16) paunch manure; (7) metal; (17) hair and fleshings; (8) glass; (18) entrails; (9) rags; (19) paper products, either whole or ground by (10) feathers; garbage grinders; 234 Minutes continued - August 14, 1973 SECTION X. COMPLIANCE WITH EXISTING AUTHORITY. (A) Unless exception is granted by the Approving Authority, the public sewer , system shall be used by all persons discharging: (1) wastewater;, (2) industrial waste; (3) polluted liquids; or (4) unpolluted waters or liquids. (B) Unless authorized by the Texas Water Quality Board, no person may deposit or discharge any waste included in subsection (A) of this section on public or private property in or adjacent to any: (1) natural outlet; (2) watercourse; (3) storm sewer.; (4) other area within the jurisdiction of the city. (C) The Approving Authority shall verify prior to discharge that wastes authorized to the discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state and local governments. SECTION XI. APPROVING AUTHORITY REQUIREMENTS. (A) If discharges or proposed discharges to public sewers may (1) deleteriously affect wastewater facilities, processes, equipment, or receiving waters; (2) create a hazard to life or health; or ' (3) create a public nuisance; the Approving Authority shall require (a) pretreatment to an acceptable condition for discharge to the public sewers; (b) control over the quantities and rates of discharge; and (c) payment to cover the cost of handling and treating the wastes. (B) The Approving Authority is entitled to determine whether a discharge or proposed discharge is included under subsection (A) of this section. (C) The Approving Authority shall reject wastes when: (1) it determines that a discharge or proposed discharge is included under subsection (A) of this section; and, (2) the discharger does not meet the requirements of subsection (A) of this section. SECTION XII. APPROVING AUTHORITY REVIEW AND APPROVAL. . (A) If pretreatment or control is required, the Approving Authority shall review and approve design and installation of equipment and processes. (B) The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances and other laws. (C) Any person responsible for discharges requiring pretreatment, flow ' equalizing, or other facilities shall provide and maintain the facilities in effective operating condition at his own expense. SECTION XIII. REQUIREMENTS FOR TRAPS. (A) Discharges requiring a trap include: Minutes continued - August 14, 1973 ' (1) grease or waste containing grease in excessive amounts; (2) oil; (3) sand; (4) flammable wastes; and (5) other harmful ingredients. (B) Any person responsible for discharges requiring a trap shall at his own expense and as required by the Approving Authority: (1) provide equipment and facilities of a type and capacity approved by the Approving Authority; (2) locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and, (3) maintain the trap in effective operating condition. SECTION XIV. REQUIREMENTS FOR BUILDING SEWERS. Any person responsible for discharges through a building sewer carrying industrial wastes shall, at his own expense and as required by the Approving Authority: (1) install an accessible and safely located control manhole; (2) install meters and other appurtenances to facilitate observation sam- pling and measurement of the waste; and, (3) maintain the equipment and facilities. SECTION XV. SAMPLING AND TESTING. ' (A) Sampling shall be conducted according to customarily accepted methods, re- flecting the effect of constituents upon the sewage works and determining the existence of hazards to health, life, limb, and property. (NOTE: The particular analyses involved with determine whether a twenty -four (24) hour composite sample from all outfalls of a premise is appropriate or whether a garb sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty -four hour composites of all outfalls. Where applicable, sixteen -hour, eight -hour, or some other period may be required. Periodic grab samples are used to determine pH.) (B) Examination and analyses of the characteristics of waters and wastes required by this ordinance shall be: (1) conducted in accordance with the latest edition of Standard Methods; and, (2) determined from suitable samples taken at the control manhole provided or other control point authorized by the Approving Authority. (C) BOD and suspended solids shall be determined from composite sampling. (D) The City may select an independent firm or laboratory to determine flow, BOD, and suspended solids. (E) The City is entitled to select the -time of sampling at its sole discretion so long as at least annual samples are taken. SECTION XVI. PAYMENT AND AGREEMENT REQUIRED. (A) Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment. (B) When discharges of industrial waste are approved by the Approving Authority, the City or its authorized representative shall enter into an agreement or arrangement providing: 236 Minutes continued - August 14, 1973 (1) terms of acceptance by the City; and, ' (2) payment by the person making the discharge. SECTION XVII. INDUSTRIAL WASTE CHARGE AND ADDED COSTS. (A) If the volume or character of the waste to be treated by the City does not cause overloading the sewage collection, treatment, or disposal facilities of the City, then prior to approval, the City and the person making the discharge shall enter into an agreement which provides that the discharger pay in industrial waste charge to be determined from the schedule of charges. (B) If the volume or character of the waste to be treated by the City requires that wastewater collection, treatment or other disposal facilities of the City be improved, expanded, or enlarged in order to treat the waste, then prior to approval, the City and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the City may incur due to acceptance of the waste. (C) The agreement entered into pursuant to subsection (A) of this section shall include but not be limited to: (1) amortization of all capital outlay for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste; (2) operation and maintenance costs including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, deprecia- tion, overhead, and office expense; and, (D) Amortization shall be completed in a twenty year period and payment shall ' include all debt service costs. SECTION XVIII. SCHEDULE OF CHARGES. Industrial waste charges shall be calculated by the following formula. (See Attachment I) SECTION XIX. ADJUSTMENT OF CHARGES (A) The City shall adjust charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing. (B) Increases in charges shall be retroactive for two billing periods and shall continue for six (6) billing periods unless subsequent tests determine that the charge should be further increased. (C) The City shall review annually the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on the previous year's experience. (D) The City shall bill the discharger by the month and shall show industrial waste charges as a separate item on the regular bill for water and sewer charges. The discharger shall pay monthly in accordance with practices existing for payment of sewer charges. SECTION XX. SAVINGS CLAUSE:. ' A person discharging industrial wastes into public sewers prior to the effec- tive date of this Ordinance may continue without penalty so long as he: 231 Minutes continued - August 14, 1973 (1) does not increase the quantity or quality of discharge, without permis- sion of the Approving Authority; (2) has discharged the industrial waste at least twelve months prior to the effective date of this Ordinance; and, (3) applies for and is granted a permit no later than one - hundred - and - fifty days after the effective date of this Ordinance. SECTION XXI. CONDITIONS OF PERMITS. (A) The City may grant a permit to discharge to persons meeting all requirements of the savings clause provided that the person (1) submit an application within one - hundred- twenty days after the effective date of this Ordinance on forms supplied by the Approving Authority; (See Attachment 2) (2) secure approval by the Approving Authority of plans and specifications for pretreatment facilities when required; and (3) has complied with all requirements for agreements or arrangements including, but not limited to, provisions for: (a) payment of charges; (b) installation and operation of pretreatment facilities; and, (c) sampling and analysis to determine quantity and strength; and, (4) provides a sampling point subject to the provisions of this Ordinance and approval of the Approving Authority. (B) A person applying for a new discharge shall: (1) meet all conditions of subsection (A) of this section; and (2) secure a permit prior to discharging any waste. ' SECTION XXII. POWER TO ENTER PROPERTY. (A) The Superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this ordinance. (B) Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection. (C) Except when caused by negligence or failure of the company to maintain safe conditions, the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the sampling operation. (D) The Superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purposes of (1) inspection, observation, measurement, sampling, or repair; (2) maintenance of any portion of the sewerage system lying within the easements; and (3) conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property involved. (E) No person acting under authority of this provision may inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers. c Minutes continued - August 14, 1973 SECTION XXIII. AUTHORITY TO DISCONNECT SERVICE. (A) The City may terminate water and wastewater disposal service and disconnect an industrial customer from the system when: (1) acids or chemicals damaging to sewer lines or treatment process are ' released to the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; (2) a governmental agency informs the City that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the City's system that cannot be sufficiently treated or requires treatment that is not provided by the City as normal domestic treatment; or (3) the industrial customer (a) discharges industrial waste or wastewater that is in violation of the permit issued by the Approving Authority; (b) discharges wastewater at an uncontrolled, variable rate in suf- ficient quantity to cause an imbalance in the wastewater treatment system; (c) fails to pay monthly bills for water and sanitary sewer services when due; or (d) repeats a discharge of prohibited wastes to public sewers. (B) If service is disconnected pursuant to subsection (A)(2) of this section, the City shall: (1) disconnect the customer; (2) supply the customer with the governmental agency's report and provide the customer with all pertinent information; and, (3) continue disconnection until such time as the industrial customer provides additional pretreatment or other facilities designed to remove the objec- tionable characteristics from his industrial wastes. SECTION XXIV. NOTICE. The City shall serve persons discharging in violation of this Ordinance with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance. SECTION XXV. CONTINUING PROHIBITED DISCHARGES. No person may continue discharging in violation of this Ordinance beyond the time limit provided in the notice. SECTION XXVI. PENALTY. (A) A person who continues prohibited discharges is guilty of a misdeamnor and upon conviction is punishable by a fine of not more than Two- hundred Dollars ($200.00) for each act of violation and for each day of violation. (B) In addition to proceeding under authority of subsection (A) of this section, the City is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges. SECTION XXVII. FAILURE TO PAY. ' In addition to sanctions provided for by this Ordinance, the City is entitled to '2 3 9 Minutes continued - August 14, 1973 exercise sanctions provided for by the other ordinances of the City for failure to pay the bill for water and sanitary sewer service when due. SECTION XXVIII. PENALTY FOR CRIMINAL MISCHIEF. The City may pursue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person negligently, willfully or mali- ciously causing loss by tampering with or destroying public wastwater facilities. SECTION XXIX. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or cir- cumstance is held invalid, such invalidity shall not affect other provisions or applica- tions of the Ordinance which can be given effect without the invalid provision or applic- ation, and to this end the provisions of this Ordinance are declared to be serverable. SECTION XXX. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, ap- proval, recording, and publication as provided by law. PASSED AND APPROVED on the 14th day of August, 1973. S /T. E. LEE, JR. ' T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST S /BETTY HILL Betty Hill, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S/W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas ATTACHMENT 1 A. INDUSTRIAL SEWER RATE -- (Based on water consumption) (1) Inside the City of Nederland, Jefferson County, Texas Minimum (10,000 gallons) $10.00 ' Next 90,000 gallons .50 per 1,000 gallons Next 900,000 gallons .40 per 1,000 gallons All over 1,000,000 gallons .35 per 1,000 gallons 240 Minutes continued - August 14, 1973 (2) Outisde city limits, the rate shall be one - and - one -half (1�) times that inside the city limits, I B. SURCHARGE (1) Discharge of abnormal sewage shall pay a surcharge computed on the following formula: SC = V $0,10 (BODI - 250) (SSI - 300) SC - Surcharge V = Volume in million gallons based on metered water BODI Five -day, twenty- degree Centigrade biochemical oxygen demand (BODI) of industrial waste in ppm, SSI = Suspended solids of industrial waste in ppm. ATTACHMENT 2 INDUSTRIAL SEWER CONNECTION APPLICATION To the City of Nederland, Jefferson County, Texas The undersigned being the of the property located at (Permittee) does hereby request a permit to an industrial sewer connection serv- ' in the (install, use) which company is engaged in (Name of Company at said location, The Permittee agrees to submit the following Exhibits as prepared by a Registered Professional Engineer, 1, A plat of the property showing accurately all sewers and drains, all water wells or courses of water and their locations, along with their size and maximum rate of flow (Exhibit A), 2, A complete schedule of all process waters and raw industrial waste produced or expected to be produced before pretreatment (if any) at said property, including a description of the character of each waste, the daily volume and maximum rate of dis- charge and representative analysis of the raw waste (Exhibit B). 3, Plans and specifications covering all pretreatment facilities for waste treatment proposed to be performed on the waste under this permit with a full des- cription (laboratory analysis) of the character of the waste to be discharged to the I public sewer, daily volume and maximum rate of discharge to the public sewer (Exhibit C), 4, Plans and specifications of the grease, oil and sand interceptor and control manhole (Exhibit D), 241 Minutes continued - August 14, 1973 The Permittee declares and agrees: ' 1. To operate and maintain any waste pretreatment facilities, as may be required as a condition of the acceptance into the public sewer of the industrial wastes involved, in an efficient manner at all times, and at no expense to the City. 2. To cooperate with the Approving Authority and his representatives in their in- specting, sampling, and study of the industrial wastes and any facilities providing pre- treatment. 3.. To notify the Approving Authority immediately in the event of any accident, negligence or other occurence that occasions discharge to the public sewerage system any wastes or process wastewater not covered by this permit. 4. To accept and abide by all provisions of Ordinance No. 265 of the City of Nederland, Texas, and of all pertinent ordinances or regulations that may be adopted in the future. 5. To accept and pay when billed the sewer service charge, refuse charge, and industrial wastes charge which is over and above the published water and sewer rates as set forth in Ordinance No. 155. Special Provisions: DATE: SIGNED: Permittee (Address) $ Attested: (Connection Fee Paid) Date: Application Approved and Permit Granted: Date: Signed: (Approving Authority) A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve the monthly estimates as follows: Port City Construction, Estimate 1111, Sewer Plant, $25,700.00; Charles R. Haile Associates, Inc., May -June, Sewer Plant, $675.75. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve expenses and attendance of three firemen to Lamar University Training School. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment of bills for the month of July in the amount of $49,990.17 by General Fund Checks Nos. 3159 -3206, $13,193.23 by Water Fund Checks Nos. 0465 -0492, and $500.76 by Revenue Sharing Checks Nos. 126 and 127, a total of $63,684.16. All Voted Aye. Items for discussion were as follows: Comments of gratification from citizen to Garbage Department Thank You note- D. X. Rienstra Family 242 Minutes continued - August 14, 1973 Disturbance by brick mortar machine in residential area Discussion of Anti -Noise Ordinance High grass on Boston Avenue sidewalks and across from Weingartens Food Store Cutting of grass around benches for Triangle Advertising Broken bench at Helena Avenue and 27th Street Sidewalk trimming machine Cutting of grass on Railroad right -of -way looks good Review list of 121 drainage requests and set priority for South 29th Street Job Ending of Southern Union Gas refund - results which makes it appear to be an increase in rates Probability of State Highway Department receiving bids on North -bound lane of US 69 and Nederland Avenue overpass New State Law admitting certain tax exemptions to disabled American veterans End extensions to property owners of some condemned structures. Employment of auditors for 1972 -1973 fiscal year by the end of September Jaycee's work program on Boston Avenue Park with City assistance Continuation in Nederland school's VOE program Betty Hill, secretary to Nederland Heritage Festival, 1976 Bicentennial Committee and the City's Citizens Advisory Committee, * A RESOLUTION WHEREAS, certain property owners within the limits of the City of Nederland are in violation of City Ordinance 78, in that they have allowed weeds, grass, and brush to grow well over a height of six inches from the ground; WHEREAS, in compliance with Ordinance 78, the Fire Chief of the City of Nederland gave proper notice to the property owners of the herein described property, that un- less Ordinance 78 was complied with, within ten (10) days, the City of Nederland would have the weeds, grass and brush cut and /or property cleaned, and all costs, plus 10% interest, would be adjudged against the owner of the property herein described, and a lien placed on the said property for said monies; WHEREAS, the owners of the herein described property, to -wit: Pt of Lt 6, Blk 15, R;; G, PALCO Lt 4, Blk 14, Airport Lt 139 Blk 140 Hillcrest -1 Lts 1 - 3, Blk 1, Staffen Section 15, Tr 8, TNSO Lt 16, Blue Bonnett Lt 10, Blk 4, Cottage Groves -2 Lts 7 d 8, Blk 4, Cottage Groves -2 Lts 22 d 23, Blk 7, Airport Lts 20 d 21, Blk 7, Airport Lt 24, Blk 7, Airport Lt 25, Blk 7, Airport Lt 26, Blk 7, Airport SW� of 4 d 5, Blk 6, Johnson Lt 15, Blk 7, Johnson Lts 20 & 21, W. Doornbos Lts 8 S 9, Blk 59 Staffen Lts 8 & 9, Blk 5, Airport Lt 6, Blk 17, Rg I, Tr 4, PALCO 30' of NW100' of 11, 46' of 11, Blk 6, Hillcrest -2 Tr 11, TNSO 2.02 miles, 100' wide, KCS Rail- way Nederland Townsite, 1 - 6 Incl., Blk 5, 119.8' x 160' have not complied with Ordinance 78; WHEREAS, it is now necessary for the City of Nederland to cause the weeds, grass, and brush to be cut on the herein described property, or the property cleaned, and a lien placed upon the property as provided by the City Ordinance and the laws of the State of Texas; 1 2 4 f4 Minutes continued - August 14, 1973 WHEREAS, since the City of Nederland does not have the proper equipment to per- , form such work, it is necessary to enter into an agreement with a private contractor to do such work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute in behalf of the City of Nederland, an agreement with Cureton d Son to cut the weeds, grass and brush on the herein described property for a total consideration of $384.00 and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council, this 14th day of August, 1973. ATTEST: S /BETTY HILL Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas The meeting adjourned at 10:20 P.M. ATTEST: Betty Hiyl, Acting City Secretary City of Nederland, Texas 1 S /T. E. LEE JR. T. E. Lee, Mayor City of Nederland, Texas T. E. Lee, Jr., M yor City of Nederland, Texas 244 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' August 28, 1973 The meeting was called to order at 6 :30 P. M. by Mayor T. E. Lee. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to amend the minutes of the previous meeting to reflect the appointment of Cecil Fleming to the Citizen's Advisory Committee and to approve the minutes as amended. All Voted Aye. Mr. Billy Wayne Doornbos presented a proposal by Mr. and Mrs. William Doornbos to donate a 20 acre park site located in the 2300 -2400 Blocks Avenue H to the City of Nederland with actual transaction to take place in December. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to accept the donation of a 20 acre park site by Mr. and Mrs. William Doornbos and to authorize the tentative plan toward obtaining development funds for this park. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action on $623.40 participation in the Nederland Senior Citizen's Program of the South East Texas Regional Planning Committee until Mr. Jim Robb, Director, can be present to answer questions pertaining to the request. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve adoption of the ' following Amendment to Ordinance No. 107 prohibiting right turns on red at traffic sig- nals at several locations. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE ($1.00) TO TWO HUNDRED DOLLARS ( :200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including turns on red signals and required stop signs: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 39. TRAFFIC CONTROL SIGNAL LEGEND. (c) Red alone or "Stop ". Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection, and may then turn right, after standing until the intersection may be safely entered, yielding right -of -way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Traffic not so turning shall remain standing until an indication to proceed is shown. Intersections where such turns on steady red signal are prohibited are the following: Along Highway 347 at Helena Avenue, along Highway 347 at Boston Avenue, along Highway 347 at Nederland Avenue, along Highway 347 at Avenue H, 12th Street `45 Minutes Continued, August 28, 1973 PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 28th day of August, 1973. T. E. LEE, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. EVERETT SANDERSON City Attorney, City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement for bids to be received 6 :30 P. M., September 25, for cleaning and mowing of several lots in accordance with Ordinance No. 78. All Voted Aye. ' A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept the resignation of C. B. Morris from the Plan Commission and to appoint Melvin Moss as his replacement for the balance of term expiring June 30, 1974. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve second and final estimate on the painting of a 400,000 gallon elevated water tower by Mid South Tank and Utilities and acceptance of total job and payment of $1,237.00. All Voted Aye. Items for discussion were: Chris Pastorella hired as VOE student; Street participation grant; Citizens Advisory Committee meeting, 6 :30 P. M., Mondays; Extension of time for condemned properties; Publication of driveway policy; Drainage on 6th Street; Union 76 park site; Paint shop across from Masonic Hall in residential area; Gradall in Houston; Letter of appreciation from Bob Harmon - Nederland Babe Ruth League; Plastic garbage bags; Letter of appreciation to Police Department from McInnis Co.; and, Kenneth Segrest complimented publicly. The meeting was adjourned at 7:45 P. M. T. E. Lee, Jr., Mayo City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas and Nederland Avenue, along 14th Street at Nederland Avenue, and along 27th Street at Nederland Avenue. A notice shall be posted at intersections where "right turn on red signal, after stop," is prohibited. Such notice shall be erected at such intersection ' giving notice the crosswalk thereof. Vehicular traffic facing the signal shall stop before entereing on the near side of the intersection, or, if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 28th day of August, 1973. T. E. LEE, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. EVERETT SANDERSON City Attorney, City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement for bids to be received 6 :30 P. M., September 25, for cleaning and mowing of several lots in accordance with Ordinance No. 78. All Voted Aye. ' A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept the resignation of C. B. Morris from the Plan Commission and to appoint Melvin Moss as his replacement for the balance of term expiring June 30, 1974. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve second and final estimate on the painting of a 400,000 gallon elevated water tower by Mid South Tank and Utilities and acceptance of total job and payment of $1,237.00. All Voted Aye. Items for discussion were: Chris Pastorella hired as VOE student; Street participation grant; Citizens Advisory Committee meeting, 6 :30 P. M., Mondays; Extension of time for condemned properties; Publication of driveway policy; Drainage on 6th Street; Union 76 park site; Paint shop across from Masonic Hall in residential area; Gradall in Houston; Letter of appreciation from Bob Harmon - Nederland Babe Ruth League; Plastic garbage bags; Letter of appreciation to Police Department from McInnis Co.; and, Kenneth Segrest complimented publicly. The meeting was adjourned at 7:45 P. M. T. E. Lee, Jr., Mayo City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 216 REGULAR MEETING OF THE CITY COUNCIL CITY OF NEDERLAND September 11, 1973 The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr. I Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting as written. All Voted Aye. Sealed bids for the purchase: of 250,000 plastic garbage bags were received and opened. Bidders were Industrial Plastics and Supply, Mobil Chemical, Pak -Rite, and Phillips Paper and Box. A motion was made by Mr. Lee and seconded by Mr. Nugent to table action on buying plastic bags until the City Manager and his staff tabulate the bids and made recom- mendation. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve $623.40 par- ticipation in the Nederland Senior Citizen'a Program of the South East Texas Regional Planning Committee. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve participation on pipe cost along the West side of South 29th Street at Avenue J for a distance of 24 feet. All Voted Aye. ' A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the appoint- ment of Neushafer d Browning, Certified Public Accountants, as Auditor to construct an audit for the 1972 -1973 Fiscal Year not to exceed $2,500.00 in cost unless addi- tional authorization is given from the City Council. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to authorize the following Resolution commending Mr. and Mrs. Bill Doornbos for their humanitarian expression, leadership and contribution to the people of Nederland. All Voted Aye. A RESOLUTION WHEREAS, the Nederland City Council desires to pay tribute to Mr. and Mrs. William Doornbos and to recognize the contribution of the entire Cornelus Doornbos Family to our community - Nederland, Jefferson, Texas; and, WHEREAS, Mr. and Mrs. William Doornbos have come forward in our time of need for open space land and recreational facilities with a donation of twenty acres of well located open space land for perpetual park use by all the peoples of Nederland; and, WHEREAS, the contribution by Mr. and Mrs. William Doornbos of this property, "The C. Doornbos Heritage 176 Park" is in keeping with numerous similar contributions in that no obligation of any kind is considered or expected by the donors except that it be FOR THE BENEFIT OF ALL OUR CITIZENS FOREVER; and, ' WHEREAS, we also wish to recognize their daughter, Barbara Dell Walters and grand- daughter, Jeana Anne Dishman, in behalf of Mr. and Mrs. Doornbos; * i Minutes continued - September 11, 1973 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland, as an expression of thanks on behalf of the citizens of said community, does hereby ' commend and pay tribute to Mr, and Mrs. William Doornbos for theri humanitarian expres- sion, leadership and contribution to the people of Nederland, Texas. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, during a legally convened meeting this 11th day of September, 1973, A.D. ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary S/T. E. LEE, JR. T. E. Lee, Jr., Mayor SLR. As NUGENT R, A, Nugent, Mayor Pro -Tem CARL N. LEBLANC /S Carl N. LeBlanc, Councilman S /ROBERT D. SAWYER Robert D. Sawyer, Councilman ' S/E. T. GILLESPIE, JR. E. T. Gillespie, Councilman A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize bids to be received 6 :30 P.M., September 25, 1973, to lease and operate the Windmill gift shop located at 1520 Boston Avenue. All Voted Aye, A motion was made by Mr. Sawyer and seconded by Mr. Nugent to table action on an Amendment to Ordinance No, 107, authorizing "Stop" signs. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of August in the amount of $77,168,16 by General Fund Checks Nos. 3231 -3277, $11,952.74 by Water Fund Checks No. 0504 -0542, and $1,957.51 by Revenue Sharing Checks Nos. 131 -133, a total of $91,078,41. All Voted Aye. Discussion items were: Priority poll from Citizens Advisory Committee; Caldwell Associates, Planners; 31st Street paving job; Approximate cost of sewer to LNVA Canal; Air - conditioner Maintenance Contract; City participation to 107 of cost for air - conditioning school attended by James Byers ' James Boulet, T.W.U. Association; Martin- Matthews condemned building to be demolished by January 31, 1974; Patrol car to out of town ballgames; State Governor's Meeting, Houston, Wednesday - Friday, Planning Committee; 248 Minutes continued - September 11, 1973 Barbecue, Brad Hall, Thursday, 5 :00 P.M., Sheriff's Posse; Avenue J drainage program; ' Asphalt plant operation by County; Plans for City libraries as opposed to County operation; F.H.A. insured mortgages below 14 -foot elevation, roads, also; Director of Public Works to furnish his own car under Car Allowance Policy, effective October 1, 1973; Increase in insurance; Helena and 22nd Street mobile -home parking request; Street signs ordered, 14th Street and Avenue A; No Right -On -Red signs, Highway Department will assist on highway; Dark between South 14th and South 142 Streets on Avenue F; Two additional people on Advisory Committee; Check drainage between Franklin and Detroit Avenues on 9th Street. The meeting was adjourned at 9:50 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas T. E. Lee, Jr., Major City of Nederland, Texas u 1 r, 'J 3 a A" " - p REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND September 25v 1973 The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr, Members present were Mr, R. D. Sawyer, Mr, C, N, LeBlanc, Mr, T. E, Lee, Jr,, Mr', R, A, Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. Sealed bids were received and opened for cutting of weeds and cleaning of properties in accordance with Ordinance No, 78, Bids received were from Cureton and Son in the amount of $106,00 and from John Q. Wilson in the amount of $70,00. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to award bid to John Q. Wilson in the amount of $70.00 in accordance with bid submitted for cutting of weeds and cleaning of properties, All Voted Aye. - No bids were received for lease and operation of the bottom floor of the Nederland Wind- mill Museum. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to table action, until the next meeting, on approval of plan and priority of improvements as recommended by Caldwell and Associates, Planners for development of C. Doornbos Heritage'76 Park and also on approval of application for Texas Parks and Wildlife and US Bureau of Outdoor Recreation Grant for development of Park. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve amendment to contract with the Armstrong- Crestview Addition Sewer Association to provide for three additional customers therefore permitting a total of eighteen (18) to be connected into this system. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Lee to ratify the Comprehensive Plan Contract, Project CPA- TX -06 -16 -1054 with Robert W. Caldwell d Associates and Texas Department of Community Affairs, City of Nederland one -third participation not to exceed $2,437.004 and set termination date for this agreement as November 30, 1973. All Voted Aye, A motion was made by Mr. Lee and seconded by Mr. Nugent to table action on lease and operation of the bottom floor of the Nederland Windmill Museum because of no bids received. All Voted Aye. lettered in rolls, All Voted Aye, A motion A motion was made by Mr. Lee and seconded by Mr. Gillespie to increase the budgeted of R. J. amount for parks to $20,000,00 for development of C. Doornbos Heritage 176 Park, All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to table action, until the next meeting, on approval of plan and priority of improvements as recommended by Caldwell and Associates, Planners for development of C. Doornbos Heritage'76 Park and also on approval of application for Texas Parks and Wildlife and US Bureau of Outdoor Recreation Grant for development of Park. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve amendment to contract with the Armstrong- Crestview Addition Sewer Association to provide for three additional customers therefore permitting a total of eighteen (18) to be connected into this system. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Lee to ratify the Comprehensive Plan Contract, Project CPA- TX -06 -16 -1054 with Robert W. Caldwell d Associates and Texas Department of Community Affairs, City of Nederland one -third participation not to exceed $2,437.004 and set termination date for this agreement as November 30, 1973. All Voted Aye, *Correction, Page 258, October 23, 1973 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the purchase and award of bid to PAK -RITE Corporation for 250,000 1,5 -mil plastic garbage bags at $29.56 per thousand, boxed and lettered in rolls, All Voted Aye, A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the appointment of R. J. Mullins, R. G. Kageler, Mrs. Dorothy Ryland, Bill Harrison, Tom Browne, Dr, J. B. *Correction, Page 258, October 23, 1973 250 Minutes continued - September 25, 1973 Morris, Roy King, Lewis Sprague, W. E. Sanderson, and Melvin Franks to Nederland's Citizen Advisory Committee. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize the repair ' of base and overlay of alleys downtown between Twin City Highway and 13th Street from Chicago Avenue to Nederland Avenue as authorized by the Texas Department of Public Safety, Division of Defense and Disaster Relief, as being damaged during the flood which occurred between March 23rd and April 30, 1973. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve advertise- ment of bids to be received October 23, 6:30 P.M. for one each 1/2 -ton pickup, one each police car, one each street sweeper, 500 L.F. 2 -1/2" fire hose and work uniforms, less trade -in or sale of one each 1969 Ford 1/2 -ton pickup, one each 1970 Rambler four -door sedan, five each police radios, one each sheepsfoot roller, three each shot- gun twelve -gauge model 97. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize notification of Joiner & Associates of City's intent to cancel insurance on November 20, 1973, and authorize receiving bids on City insurance business at 6:30 P.M., October 23, 1973, from agents with a place of business located in the City of Nederland for more than five (5) years and representing stock insurance companies. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize transfer of City's air - conditioning equipment maintenance agreement from Air - Conditioning En- gineering Company to Anderson Refrigeration and Air - Conditioning Company to expire 9/25/74. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize the attend- ance Iand expenses of Darrell Marchand to a Unit II Wastewater Treatment School in Orange, October 8th through October 19, 19739 $28.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to adopt the following Amendment to Ordinance No. 107, authorizing STOP signs at several locations. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS OR- DINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including required Stop signs: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - Stop Signs A Stop sign shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. , STOP Elgin Avenue at 15th Street STOP Gary Avenue at 27th Street STOP Elgin Avenue at 21st Street STOP 22nd Street at Gary Avenue Minutes continued - September 25, 1973 STOP Elgin Avenue at 24th Street STOP Elgin Avenue at 23rd Street STOP Franklin Avenue at 24th Street STOP Franklin Avenue at 23rd Street Section 2 - Penalty STOP 24th Street at Detroit Avenue STOP 26th Street at Gary Avenue STOP Avenue A at South 12th Street STOP Avenue B at South 12th Street 6;a .6d .5 - Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof be considered a separate offense. Section 3 - Repealing Clause Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the pro- visions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 25th day of September, A.D., 1973. S /T. E. LEE, JR. T. E. Lee Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment of $64.50 to Chas. R. Haile Associates, Inc. for professional services in connection with construction of Wastewater Treatment Plant Improvements, WPC- Tex -630. All Voted Aye. Discussion and review propositions were as follows: Operation of the windmill after October 1; Request for mobile home parking refused; Deliverance of Resolution to Mr. Doornbos on Thursday night; Streetlight request delay; New requests for consideration in County Bond Issue; Report by Mr. C. N. LeBlanc on meeting of State Council of Governments, Houston; 31st Street construction completed for less than $7,000.00; 1970 Rambler to be used for police patrol car; �+ Copies of elevation map available; Letter from.M.C.M.L. to S.E.T.R.P.C.; Temporary employees to become permanent employees, 9/27/73; Request for alley repair in 1500 Block; Suit threat by Basil Hortman; Drainage problem revised list; 27th Street asphalt; ' Request for City Council to meet with School Board unofficially. The meeting was adjourned at 9:40 P.M. ATTEST: c I Mayor, City of Nederl nd City Secretary, City of Nederland 252 A . REGULAR MEETING OF THECITY COUNCIL OF THE CITY OF NEbERLAND October 9, 1973 The meeting was called to order at 6 :30 P. M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr.- Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the City Manager to proceed with Windmill operation and authorize temporary employment of personnel to open museum portion on Saturdays and Sundays from 1 :00 P.M. to 6 :00 P.M. All Voted Aye. A motion was made-by Mr. Lee and seconded by Mr. Sawyer to table action on a request by Mr. A. J. Waller to permit the location of a house trailer at-2120 Helena Avenue, which has been denied by the Zoning Board of Appeals, inasmuch as the opinion of the City Attorney is that further action by the Council would be illegal. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to leave insurance coverage with Joiner Associates, Inc:, Bill Harrison, for the duration of the three year period and at that time decide whether or not to seek bids from outside the city also. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize pictograph Security Systems, Mr. W. H. Coffey, Manager, to install fire alarm device in the Mid - County Dispatching office as recommended by Chief Neal and Fire Marshal Cormier. All Voted Aye, A motion was made by Mr. Lee and seconded by Mr.'LeBlanc to amend the_1973= 1974,Budget to provide $20,000 allocation for park improvements from General Fund surplus. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to amend the 1973 -1974 Budget to provide an increase in car allowance of the City Treasurer and City Tax Assessor - Collector from $70.00.to $110.00 per month. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to establish a park development fund account for the C. Doornbos Heritage '76 Park and to accept donations and/or pledges as presented by Mr. Billy W. Doornbos in behalf of the donors,as follows. -All Voted Aye. "C. DOORNBOS HERITAGE '76 PARK" ACCOUNT CASH PLBDGE due 6/30Y74) Richard Doornbos $ 10,000 $ 10,000. Mae Youmans 59000 5,000 Barbara Walters —0— 2,000 Louise Doornbos 1,250 1,750 Peggy Doornbos 250 250 Billy W. Doornbos 250 250 Bobby Barnett 250 250 Joe Cureton —0— 250 1 i� 1 Minutes Continued, October 9, 1973 CASH PLEDGE ' George Weller 200 -0- Diamond Jubilee Funds 1,000 -0- Chamber of Commerce -0- 250 Republic Savings & Loan 750 750 Fidelity Savings & Loan 750 -0 -. First Savings Association 250 250 Southern Union Gas 500 500 Union Oil -0- 2,000 Rotary Club 500 1,500 Exhausted Roosters -0- 250 Lions Club -0- 250 Evening Optimist Club -0- 250 Mid County Optimist Club -0- 500 Knights of Columbus 250 250 BPW Club -0- 500 Mid County Kiwanis Club -0- 500 Pilot Club 250 -0- Westernaire Alumnae -0- 250 Sub Total $21,450 $27,250 $48,700 Plus City of Nederland 20 000 GRAND TOTAL $ A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve plan and priority of improvements as recommended by Caldwell and Associates, Planners, for development of C. Doornbos Heritage '76 Park. All Voted Aye. ' A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve application for Texas Parks and Wildlife and US Bureau of Outdoor Recreation Grant for development of C. Doornbos Heritage '76 Park and authorize Mayor T., E. Lee, Jr. to, sign the Resolution and forms in behalf of the City of Nederland. All Voted Aye. RESOLUTION WHEREAS the Act of the 59th Texas Legislature,. Regular Session, 1965 approved May 6, 1965, entitled Senate Bill 165 (V.A.C.S. 608lr), as amended authorizes the Texas Parks and Wildlife Department to make grants to municipalities and counties to assist them in carrying out programs of outdoor recreation to preserve an adequate amount of rapidly disappearing land; and WHEREAS it has been found and determined by this body that there exists in this locality a need for a program of public outdoor recreation; and WHEREAS Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin under any program or activity receiving Federal financial assistance and Executive Order 11063 prohibits discrimination on basis of race, color, creed or national origin in sale, lease or other disposition of residential pro- perty (including land intended for residential use ) or in the use of occupancy therefore: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That an application be filed with the Texas Parks and Wildlife Depart- ment on behalf of the City of Nederland for a public outdoor recreation facility grant under authority of the Act of the 59th Texas Legislature, Regular Session, 1965, approved ' May 6, 1965, entitled Senate Bill 165 (V.A.C.S. 6081r)9 as amended, for one half of the cost of undertaking and carrying out a public outdoor recreation facility program which cost is now estimated to be 400,000.00 in an area or areas to be designated and specially described in such application, and that the Mayor, T. E. Lee, Jr., is hereby authorized and directed to execute and file such application and to execute such contract or con- 254 Minutes Continued, October 9, 1973 tracts as may be necessary for the grant applied for, and is further authorized and di- rected to provide such additional information and furnish such documents as may be re- quired by the Texas Parks and Wildlife Department and to act as the authorized repre- sentative of the City of Nederland in the execution of the proposed public outdoor recreation program; and the Director of Finance, J. B. McKinney, is hereby authorized to execute and file requisition for funds and to act as the authorized fiscal repre- sentative of the City of Nederland in the accomplishment of the public outdoor recreation program. Section 2. That the United States of America and the Texas Parks and Wildlife Department be, and they hereby are, assured a full compliance by the City of Nederland, Texas, with regulations of the Texas Parks and Wildlife Department effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. PASSED AND APPROVED this 9th day of October, 1973. APPROVED: T. E. LEE, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve renewal of the lease agreement with Happy Times Day Care Center for a period of one (1) year. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of September in the amount of $20,425.05 by General Fund Checks No. 3317- 3366, $10,734.33 by Water Fund Checks No. 0550 -0580, and $3,011.88 by Revenue Sharing I Checks No. 136 -141.. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve payment of monthly estimate on wastewater treatment plant to Port City Construction, Job 369 -109 WPC Tex 630, in the amount of $800.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the attendance and expenses of Homer Taylor to the 29th National Armed Robbery Conference in Arlington, Texas, October 23 -26, 1973, registration fee of $20.00, as recommended by Chief Neal. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to accept certificate of 1973 assessment rolls as recommended by the Tax Equalization Board in the amount of $37,208,284. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve projects and docu- ments as recommended by the Bicentennial Committee and to adopt the following Resolution. All Voted Aye. RESOLUTION WHEREAS, it is comtemplated that the City of Nederland, Texas, will become a Bi- centennial Community in a community wide effort to celebrate our Nation's 200th Birthday; WHEREAS, the Bicentennial Committee is a.representation from suggested outlets by ' the American Revolution Bicentennial Commission of Texas; WHEREAS, the City of Nederland Bicentennial Committee has, chosen three thematic areas of activity - Heritage '76; Festival USA; and Horizons '76 designed to include schools, civic organizations, service clubs, social clubs,_ individuals, Chamber of Commerce and the City; ' 255 Minutes Continued, October 9, -1973 - NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NEDER- -LAND, TEXAS, that T. E. Lee, Jr., Mayor of the City of Nederland is hereby directed to make application and sign necessary documents to apply for a Bicentennial Community in the State of Texas, for endorsement by the American Revolution - Bicentennial - Commission of Texas. PASSED AND APPROVED, by the City Council_ -of the City of Nederland, Texas, this the 9th day of October,'A.D., 1973. T.-E. LEE,_JR. Mayor, City of Nederland, Texas ATTESTS _ ALTA FLETCHER - - City-Secretary, City of- Nederland, Texas _ Discussion items were as follows: (1� Possibility of- approval of an on premises consumption of- alcoholic b_evifages license for an eating esiablishment_to be'locate_d between_ 14th and 15th Streets on Nederland Avenue; (2) Possibility of city paying aperoximately $1,500 for materials, if the school shop department will provide labor and equipment to- construct a gazebo in the park area behind the Windmill Museum; (33 Tentative report of-traffic counts at four intersections by John Bamber, Director-of Public Works; -- _ (4) Removal_ of the protective left'turn_- movement,signal along 14th- Street at Nederland Avenue; (5) Discussion of possible amendments to several ordinances as recommended by several sub committees of the Citizen's Advisory Committee; 6 Influenza immunization_for all city - employees; 7 Resignation of Fireman_ Billy Fletcher;, -- - 8 Supplemental tax roll for senior-citizen exemptions; _ (9 Griffing Park garbage rates; �1O)__ Review of street light_recommendations as attached; 11 Advertising bench on- corner near Cuieton's causing blind corner; 12 Keown Supply — deer hunt; _ 13 Sidewalks on Gary between 27th and 29th Street's; 14 Street patching too high; _ 15 Lack of material to complete 27th Street; _ 16 Plastic bags — dog ordinance; 17 Policeman complimented; 18 Helena Terrace ready for acceptance; ' 19 Vidor sand used for sidewalk program. The meeting was adjourned at 9:45 P. M. 1 T. E. Lee, Jr., MAyor City of Nederland, Texas ' ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 256 REGULAR METTING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 23, 1973 The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr. ' Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the Minutes of the previous meeting as written. Sealed bids were received, opened and read for the purchase of one � -ton pickup, one police car, one street sweeper, 500 L.F. 2' -inch fire hose, and work uniforms with trade -in or sale of one 1969 Ford � -ton pickup, one 1970 Rambler four -door sedan, five police radios, one sheepsfoot roller, and three shotguns, 12 -gauge Model 97. Bidders were Raiford Motors, Gordon Chevrolet, Philpott Ford, Sanitary Supply, Tenant Company, Colonial Motor Co., Sabine Neches Equipment Co., Houston Fire and Safety Equipment, Arthur Dooley and Son, Art Simon, Claude Wright and Associates, Factory Sales, Wayne E, Rose, City of Bridge City, Kay Electronics, Allison Faw, Jr., City of Pinehurst, Joseph F. Danatto, W. E. Sanderson, James A. Jones, Melvin Boneau, and David Blake. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to accept the Annual Police Report as submitted by Chief Billy Neal. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following Resolu- tion acknowledging contributions to the C. Doornbos Park Improvement Fund Account and to accept additional contributions as presented by Billy W. Doornbos. All Voted Aye. A RESOLUTION ' Because of the "free will" donations of Nederland's outstanding citizens and service organizations - development of the "C. Doornbos Heritage 176 Park," as recently donated by Mr, and Mrs. William Doornbos, will soon be underway; NOW, THEREFORE, BE IT RESOLVED that the Nederland City Council hereby commends and salutes the following contributors, to -wit: Mr. & Mrs. Richard E. Doornbos $ 20,000 Mrs. May Youmans and Mr. & Mrs. H. C. Youmans 10,000 Dr. & Mrs. Felix Walters 2,000 Mrs. Louise Doornbos 3,000 Peggy Jo Doornbos 500 Mr. & Mrs. Billy W. Doornbos 500 Mr. & Mrs. R. L. Barnett, Jr, 500 Mr. & Mrs. Joe Cureton 250 Mr. -& Mrs. George Weller 200 Diamond Jubilee Funds 1,000 Chamber of Commerce 250 Republic of Texas Savings Association 1,500 Fidelity Savings & Loan 750 First Savings Association 250 Hebert Insurance 250 Southern Union Gas 500 Union Oil 2,000 ' Rotary Club 2,000 Exhausted Roosters 250 Lions Club 250 25 Minutes continued - October 23, 1973 CASH PLEDGE TOTAL Evening Optimist Club 250 Mid - County Optimist 500 Knights of Columbus 500 Nederland Business d Professional Women 500 Mid - County Kiwanis Club 500 Pilot Club 250 Westernaire Alumnae 250 Nederland State Bank 5,000 5,000 Gulf States Utilities 1,000 1,000 C. Doornbos, III 150 150 300 Nederland -Port Neches Board of Realtors 250 250 500 PASSED AND APPROVED by the City Council during a legally convened meeting, this 23rd day of October, A.D., 1973. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor S /R. A. NUGENT R. A. Nugent, Mayor Pro -Tem S /CARL N. LEBLANC ATTEST: Carl N. LeBlanc, Councilman ' S /ALTA FLETCHER S /ROBERT D. SAWYER Secretary Robert D. Sawyer, Councilman S /E. T. GILLESPIE, JR. E. T. Gillespie, Jr., Councilman A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve expenses of Jerry McNeill, Civil Defense Director and Vincent Grillo, Assistant Civil Defense Director to attend the Annual Meeting of the Texas Gulf Coast Civil Defense Associ- ation, on November 2nd and 3rd, Flagship Hotel, Galveston. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 107, permitting the installation of stop signs at several locations. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF.THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including required stop signs: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 2 5 S Minutes continued - October 23, 1973 Section 1 - Stop Signs A stop sign shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP Shaw Drive at Helena Avenue STOP Shaw Drive at Terrace Drive STOP Louise Drive at Helena Avenue Section 2 - Penalty STOP Tipps Drive at Terrace Drive STOP Circle Drive at Terrace Drive STOP Verna Drive at 31st Street Any person who violates any provision of this Ordinance or who shall neglect to com- ply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on con- viction thereof be fined any sum not less than $1.00 nor more than $200.00 and the vi- olation of each separate provision thereof shall be considered a separate offense. Section 3 - Repealing Clause Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 23rd day of October, A.D., 1973. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Nugent to table acceptance of street and drainage facilities in Helena Terrace Addition until recommended by the City Mana- ger and his staff. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize employment of Mrs. Carrie Goodwin as attendant to the Windmill Museum at intermittent times and five hours per day Saturday and Sunday at $100.00 per month price. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to amend the Minutes of August 14 and September 25 pertaining to the Texas Department of Community Affairs and Caldwell and Associates to indicate that the amount to be paid by the contract will be $2,438;instead of $2,437.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to award sale of police radios to Wayne E. Rose on the basis of his high bid in the amount of $1,559.00 and to award sale of guns to David Blake, $55.00; W. E. Sanderson, $66.50; and James A. Jones, $75.00, on the basis of their high bids. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer balance of bids to the City Manager and his staff for recommendation at a later date. All Voted Aye. 1 1 Minutes continued - October 23, 1973 Discussion and review propositions were: ' Nederland Water Department Award of Honor; Proposals for sewer extensions to two areas outside City Limits; Alley work by Gatlin Asphalt Company; Jefferson County Library System; Caldwell and Associates $2,329.57 park bill; Gulf States Rates; T.M.L. Meeting, San Antonio; New fireman, Mark Cheney; Uniforms for Monroe Malke; Garbage pickups after night; 3300 Nashville, street base; Condition of Ithaca Avenue; Payment of schooling, Criminal Justice Council; Drainage; One week vacation in lieu of holidays. The meeting was adjourned at 8:15 P.M. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 2 j9 260 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 13, 1973 I The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to accept the resigna- tion of Mr. Edwin C. Anderson from Zoning Board of Appeals and to appoint Mr. E. W. Timmons to fill the unexpired term beginning December 1, 1973. All Voted Aye. A motion was made by Mr. Sawver and seconded by Mr. Gillespie that bids for purchases be awarded as follows: One � -ton pickup, less trade -in, Raiford Motors, $2,181.00; One police special patrol, less trade -in, Gordon Chevrolet, $2,902.00; 500 L.F. 2z" fire hose, Claude Wright Company, $695.00; 111 shirts and pants per specifications, Factory Sales Company, $1,226.55. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve the follow- ing Amendment to Ordinance No. 236 providing for suspension of licenses for air condi- tioning as requested by licensee for a period of up to five years. All Voted Aye. AMENDMENT TO ORDINANCE NO. 236 AIR CONDITIONING, HEATING, VENTILATING, AND COMMERCIAL REFRIGERATION ' AN AMENDMENT TO ORDINANCE NO. 236, SECTION 2.6 OF SAID CODE PERTAINING TO SUSPENSION OR REVOCATION OF LICENSE IS HEREBY AMENDED TO ADD NEW SECTION 2.6A ENTITLED TEMPORARY WITHDRAWAL OF LICENSE TO READ AS FOLLOWS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: A contractor shall have been licensed and in business with the City of Nederland for a minimum period of three years and shall present to the Plumbing Inspector in writing a request for temporary license withdrawal thirty (30) days prior to such withdrawal. The inactive period shall be not less than one year and not more than five years. A contractor may at any time after the first year and any time during the five years pay the license fee then due plus one -half the previous inactive years license fee and request in writing to the Plumbing Inspector to be reinstated as a licensed contractor. No license which has been withdrawn for as much as five years shall be renewed except upon re- examination and the payment of the initial fee and upon the same terms and conditions as provided for in Chapter II, Section 2.2 of Ordinance No. 236. PASSED AND APPROVED this 13th day of November, 1973. S /T. E. LEE, JR. ATTEST: Tom E. Lee, Jr., Mayor City of Nederland, Texas S /ALTA FLETCHER , Mrs. Alta Fletcher, City Secretary S/W. E. SANDERSON W. E. Sanderson, City Attorney 261 Minutes continued - November 13, 1973 A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to adopt the following ' two rate ordinances establishing rates for flood lighting service and for sodium vapor street lighting with Gulf States Utilities Company. All Voted Aye. ORDINANCE NO. 281 ENTITLED AN ORDINANCE AUTHORIZING GULF STATES UTILITIES COMPANY TO PLACE INTO EFFECT NEW RATE SCHEDULE TO -WIT: SCHEDULE FLS, FLOOD LIGHTING SERVICE, EFFEC- TIVE AS TO SERVICE RENDERED BY SUCH COMPANY ON AND AFTER NOVEMBER 1, 1973. WHEREAS, Gulf States Utilities Company on November 13, 1973, has requested author- ity to place into effect Schedule FLS and whereas such schedule has been filed with the City Secretary of the City of Nederland and approved by the City Council: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Gulf States Utilities Company is hereby authorized to place into effect as to ser- vice rendered by it on and after November 1, 1973, to its customers located in Nederland, Texas, Schedule FLS. Section 2. That nothing in this Ordinance contained shall be construed in any manner now or here- after limiting or modifying the right and power of the City Council under the law to regulate the rates-charged by Gulf States Utilities Company for its services within the City of Nederland. PASSED by the City Council this the 13th day of November A.D., 1973. S/T. E. LEE, JR. Mayor, City of Nederland, Texas ATTEST: S/ALTA FLETCHER City Secretary THE STATE OF TEXAS COUNTY OF JEFFERSON I I, Alta Fletcher, City Secretary of the City of Nederland, Texas, do hereby cer- tify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of Nederland, Texas, on the 13th day of November, 1973, the original of which is filed in the Office of the City Secretary of the City of Nederland, Texas. 'GIVEN UNDER MY HAND and seal of the City of Nederland, Texas, this the 14th day of November, A.D,, 1973. S/ALTA FLETCHER SEAL City Secretary, City of Nederland, Texas 262 Minutes continued - November 13, 1973 ORDINANCE NO. 282 ENTITLED AN ORDINANCE AUTHORIZING GULF STATES UTILITIES COMPANY TO PLACE INTO EFFECT NEW RATE SCHEDULE TO -WIT: SCHEDULE HPS, HIGH PRESSURE SODIUM STREET AND HIGHWAY LIGHTING SERVICE, EFFECTIVE AS TO SERVICE RENDERED BY SUCH COMPANY ON AND AFTER JUNE 1, 1973. WHEREAS, Gulf States Utilities Company on November 13, 1973, has requested author- ity to place into effect new Schedule HPS and whereas, such revised schedule has been filed with the City Secretary of the City of Nederland and approved by the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Gulf States Utilities Company is hereby authorized to place into effect as to ser- vice rendered by it on and after June 1, 1973, to its customers located in Nederland, Texas, new Schedule HPS. Section 2. That nothing in this Ordinance contained shall be construed in any manner now or here- after limiting or modifying the right and power of the City Council under the law to regulate the rates charged by Gulf States Utilities Company for its services within the City of Nederland. PASSED BY the City Council this -the 13th day of November, A.D., 1973. ' S/T. E. LEE, JR. Mayor, City of Nederland, Texas ATTEST: S/ALTA FLETCHER City Secretary THE STATE OF TEXAS I COUNTY OF JEFFERSON I, Alta Fletcher, City Secretary of the City of Nederland, Texas, do hereby cer- tify that the above and foregoing is a true and correct copy of an Ordinance passed by the City Council of the City of Nederland, Texas, on the 13th day of November, 1973, the original of which is filed in the Office of the City Secretary of the City of Nederland, Texas GIVEN UNDER MY HAND and seal of the City of Nederland, Texas this the 14th day of November, A.D., 1973• S/ALTA FLETCHER , City Secretary, City of Nederland, Texas 263 Minutes continued - November 13, 1973 A motion was made by Mr. Lee and seconded by Mr. LeBlanc to table action on presentation of a petition by residents of the area North of Nederland. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve authorization of advertisement for bids to be received 6:30 P.M., November 27th for fencing at the Mid - County Municipal League Sanitary Landfill. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize participation in a backup radio system and console cabinet equipment for Mid - County Dispatch Station to an amount of $358.60. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to accept the following: streets and drainage facilities in Helena Terrace Addition; 31st Street at Nashville paving job; Armstrong- Crestview Association sewer job; and, Avenue J at South 29th Street drainage job. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize a change order on Gatlin Asphalt Company to provide labor and equipment to overlay downtown alleys and complete the portion of the program along Gage Avenue and South 5th Street as originally to be performed by Jefferson County Precinct 2. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize a lease on the sheepsfoot roller equipment to Jefferson County at $1.00 per year as follows: All Voted Aye. THE STATE OF TEXAS COUNTY OF JEFFERSON THIS LEASE is made and entered into by and between the City of Nederland, herein- after called Lessor and Jefferson County, Texas, hereinafter called Lessee: 1. Lessor hereby leases and lets unto the Lessee under the terms and conditions and for the length of term hereinafter set out, one (1) Double -Drum Sheepsfoot Roller. 2. The term of this lease is for a period of five (5) years, beginning on the 1st day of December, 1973• 3• Lessee agrees to pay the sum of One and no/100 Dollar ($1.00 ) per year for the privilege of leasing the above described Double -Drum Sheepsfoot Roller. 4. The parties hereto agree that the Double- Drum -- Sheepsfoot Roller shall be used by the Lessee in all precincts in Jefferson County if so desired and will be available for loan -back to the Lessor during the lease period. IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate originals this 13th day of November, 1973• 264 Minutes continued - November 13, 1973 ATTEST: THE CITY OF NEDERLAND S ALTA FLETCHER S T. E. LEE, JR. City Secretary T. E. Lee, Jr., Mayor JEFFERSON COUNTY, TEXAS S/ Commissioner Norman J. Troy Judge Chester C. Young Commissioner James Smith, Jr. Commissioner Ted Walker' Commissioner Dave Smith A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize bids to be received 600 P.M., November 27th, for the cleaning and mowing of ten lots in.accord- ance with Ordinance 78 as recommended by Chief Cormier. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize hosting of the December 5th meeting of the Sabine Neches Chief's Association at the Schooner. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize the attendance and expenses of Fireman Mark Chaney to a nine -week course at Lamar University beginning on the 19th of November, tuition of $130.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of the bills for the month of October in.the amount of $12,965.01 by General Fund Checks No. 3408 -3462, $15,501.11 by Water Fund Checks No. 603 -646, and $2,424.69 by Revenue Sharing Checks No. 143 -146. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment to Port City Construction in the amount of $1,700.00 for Estimate No. 13. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize Chas. R. Haile Associates, Inc., to prepare plans and specifications for replacement of approximately forty feet of 21 -inch sanitary sewer along South 5th Street near Avenue D. All Voted Aye. A motion was made by Mr. Gillespie and seoonded by Mr. Nugent to authorize purchase of 260,000 additional garbage bags at.$26.83/1000 from Pak -Rite Plastic Corporation, P. 0. Box 7658, Waco, Texas. All Voted Aye. Discussion Items were as follows: Street Superintendent1s, P. J. Martin's resignation; Paul Wayne Williamson replaced David Buster as dispatcher; hospitalization rates in- creasing; appointment of black representation on Planning Commission; condemnation of three buildings; citizens pamphlet; A. J. Waller mobile home permit; Bernard Johnson study; sign for C. Doornbos Park; R.S.V.P. program; invitation for Mr. Love's retirement party; Jaycee's Children's Benefit Show, canvassing by telephone; 6J Minutes continued - November 13, 1973 Discussion items continued: 12th Street and Avenue L drainage problem; Mobile home on Kent, no construction -- should be removed; Stop signs along South 29th Street; ' striping at Hillcrest School; fulltime dog catcher to enforce dog ordinance; repatch- ing 36th Street and Helena Avenue; refini _sh 27th Street and West - Chicago; - reducing structure at Main C. ditch; holes in 17th Street; Avenue N in the 1100 - 1200 block, fire plug with welds -grpwn around it -; Park Deed -ready at next Council meeting; delivery of garbage trucks delayed; Monroe Malke's uniforms. . Meeting adjourned-at 9:30 P.M. - - T.- E. Lee, Jr. -,- -Mayo City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 266 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND _ November 27, 1973 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve Minutes of the previous meeting as written. All Voted Aye. Sealed bids for installation of approximately 1,200 IF of chainlink fencing for the Mid - County nutual sanitary landfill site as provided in the Sun Oil Company Lease Agreement were received and opened as follows: Haven Fence Co., $2,820.00; Hurri- cane Fence Co., $2,516.00; Hinds Quality, $1,804.00; and Hagan Fence, $2,970.00. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to award bid for in- stallation of fencing to Hinds Quality Fence in accordance with low bid submitted in the amount of $1,804.00. All Voted Aye. Two sealed bids were received for mowing and /or cleaning of ten lots in accordance with Ordinance No. 78 as follows: John Q. Wilson, $362.00 and Cureton and Son, $310.00. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to award bid for mowing and /or cleaning ten lots to Cureton and Son in accordance with low bid submitted in I the amount of $310.00. All Voted Aye. Applications were received for "on premises" consumption of alcoholic beverage li- cense as provided in Ordinance No. 70 from Airport Towers, Catfish Kitchen, Club 493, Nederland Club, Pizza Inn, Ruby Duby, and The Schooner. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve adjustment in rates by Businessmen's Assurance Company for group life and hospitalization in- surance. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize commen- dation as submitted of T. Spence Love for his twenty years of service as Consultant Engineer for City of Nederland with Chas. R. Haile Associates, Inc. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to grant an extension of time to Robert W. Caldwell and Associates, Planners, for completion of presently contracted services to December 31, 1973, and to accept presentation of three reports. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to table action authoriz- ing award of bid for street sweeper. All Voted Aye. Discussion items were as follows: Fuel, energy, and chemical shortages with possible remedies, Policy for enforcement of Dog Leash Ordinance No. 134 (pick up dogs on sight, during , and after drive), Proposal by Caldwell and Associates for extension of scope of planning studies. Minutes continued - November 27, 1973 Discussion items, continued: Ruby Caraway's request for "on premises" beer permit; Minutes of Zoning Board of Appeals read and extension of J. S. Snyder mobile home permit; Implementation of Bernard Johnson Police Consolidation study; Santa Claus Parade, Tuesday, 4:00, December 4., 1973; December 5, noon, Host for Chief's Association dinner, Schooners; Bosses' Night, 6 :30 P.M., Ridgewood, December 6, 1973; Spence Love, December 1, Engineerts Club, 2700 Fannin; Drainage problem, 1407 Avenue N, Eli Hebert; Sewer stop -up, James Bailey, 2807 Avenue N; Presentation of South 5th plans by Dave Perrell; Driveway policy. Meeting was adjourned at 9:15 P.M. 7� T. E. Lee, Jr., Ma or City of Nederland, Texas- ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 267 266 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 11, 1973 The meeting was called to order at 6:30 P.M. by Mayor Pro - Tempore R. A. Nugent. Members present were Mr. C. N. LeBlanc, Mr. R. A. Nugent and Mr. Sam Gillespie. Mayor Lee was absent and Mr. R. D. Sawyer came "in late. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the Minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to accept a deed from William Doornbos for a twenty -acre parksite and to approve the following Resolution. All Voted Aye. RESOLUTION OF ACCEPTANCE OF PARK IN MEMORY OF THE C. DOORNBOS FAMILIES WHEREAS, William Doornbos has generously dedicated to the City of Nederland, the following described property described as Lot Six (6) in Block Fourteen (14), Range "H" of the Port Arthur Land Company Survey, Jefferson County, Texas, containing twenty (20) acres, more or less, subject to the reservation of all oil, gas and other minerals, so that a public park and recreation area may be established and maintained thereon; therefore be it RESOLVED by the Mayor and City Council of the City of Nederland in a regular ' session that the above gift and dedication is hereby accepted and that the gratitude of the City is extended to William Doornbos for his generous gift; and it is further RESOLVED that the park and recreational area be and it hereby is designated to be known as "The C. Doornbos Park," and it is further RESOLVED that the City of Nederland covenants that said property shall be used only as a park and recreation area. DATED this 11th day of December, 1973. THE CITY OF NEDERLAND By: �. Mayor ATTEST: City Clerk A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the street sweeping contract as reviewed and to reject street sweeper bids as received in No- vember. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to table action on an Amendment to Ordinance No. 147 pertaining to holidays worked by firemen and policemen. All Voted Aye. 269 Minutes continued - December 11, 1973 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of Port City Construction for Estimate No. 14 in the amount of $10,070.00; to approve payment of Chas.R. Haile Associates, Inc. for professional services toward Wastewater Treatment Plant, $28.50; and to approve Change Order Number One of Wastewater Contract, Job 369 -1OD, $3,470.44, as read, amount due exceeding the $5,143.96, as approved by E.P.A. and added to original contract (total Change Order No. 1 of $9,000.00). All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to table applications for renewal of "on premises" consumption of alcoholic beverage until the next meeting. All Voted Aye. Mr. R. D. Sawyer was present after this time. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to state Nederland's position as not being interested in participating in a joint project to conduct an outisde appraisal study by a professional ad valorem appraisal firm and not in favor of the development of a regional appraisal manuel that could be used in various asses- sor's offices throughout the area. Messrs. Sawyer, Nugent, and Gillespie Voted Aye. Mr. LeBlanc Voted No. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve payment of bills for the month of November, 1973, in the amount of $9,046.78 by General Fund Checks No. 3503 -3542, $99682.49 by Water Fund Checks No. 656 -685, and $514.37 by Revenue Sharing Checks No. 148 -150. _.411 Voted Aye. i Discussion items were as follows: Garbage Department to be off Christmas and New Years Day; Trash Truck to be parked behind City Hall on both holidays; Garbage Truck delivery delayed - should be here by February 1st; Financial statement on Sanitary Landfill operation; SETRPC Public Hearing for Senior Citizens needs; Spencer Viola needs program pertaining to City activities for third graders; South 5th Street sewer job plans prepared; Letter from Robert Fleming, Texas Water Quality Board; Jumping Jack - call from Mr. Borel complaining about noise during dance; Black and white dog at 1140 Kent running loose; Children with mini -bikes in the streets in Wagner Addition; Speed limit on South 14th Street, 500 block; Don Bihm dissatisfied with backfill; Trades Council Christmas Party, December 14, 1973. Meeting was adjourned at 9:10 P.M. T. E. Lee, Jr., yor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 270 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 18, 1973 ' The meeting was called to order at 6 :30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to adopt the following Amend- ment to Ordinance No. 147 pertaining to holidays worked by firemen and policemen. All Voted Aye. AN AMENDMENT TO CITY OF NEDERLAND ORDINANCE NO. 147 PERSONNEL POLICY ORDINANCE AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER SHALL BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES, AND RENDERING ALL OTHER CONFLICTING ORDINANCES NOW OF RECORD NULL AND VOID. WHEREAS, the City Council is of the opinion that a definite policy should be es- tablished for the employees of the City of Nederland with reference to any and all benefits, and that the City Manager shall'be governed by the provisions of said policy in dealing with the employees. , NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas. ARTICLE VI SECTION I Vacation Leave: All regular firemen, policemen, field and office employees of the City shall be allowed vacation leave after one year of consecutive service as following: One Year through Four Years Two Weeks After Five Years Three Weeks After Ten Years Four Weeks After Twenty Years Five Weeks SECTION II Department heads will develop vacation schedules in conformance with the policy of scheduling vacations over as wide a period as possible in order to reduce the need for a temporary increase in personnel. Seniority in each department shall govern in determining the time of vacations, but no employee shall be permitted to schedule more than two weeks vacation during the period from June 1st through August 31st, until all other employees in that department have had an opportunity to schedule two (2) weeks vacation from June 1st through August 31st; except that employees in the same department may be permitted to trade this priority vacation period. 2 i I Minutes continued - December 18, 1973 Employees who leave the employment of the City before completing twelve (12) months service shall not be entitled to any vacation pay. To be eligible for any vacation pay for the previous year, employees must work at least one day of the new vacation year. Employees who have completed twelve (12) months' continuous service with the City shall be paid for any earned but unused vacation at the termination of their service with the City. If an employee resigns or is laid off before taking the cur- rent year's vacation, he will be paid at the time of resignation of layoff 1 /12th of the annual. vacation allowance for each full month worked since his last employment anniversary date. Fractions of months will not be taken into account. PASSED AND APPROVED by the City Council at a regular meeting this the 18th day of December A.D., 1973; and effective on January 1, 1974. S /T. E. LEE, JR. T. E. Lee, Jr., Mayor City of Nederland, Texas ATTEST: S/ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S1W. E. SANDERSON, W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve applications for renewal of "on premises" consumption of alcoholic- beverage in accord4nce with Ordinance No. 70, as follows: Airport Towers, All Voted Aye; Catfish Kitchen, All Voted Aye; American Legion Post 493, All Voted Aye; Nederlard Club, All Voted Aye; Pizza Inn, All Voted Aye; Ruby Duby, Messrs. Sawyer, LeBlanc, Lee, and Nugent Voted Aye - Mr. Gillespie Voted No; and The Schooners, All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to receive bids January 22 for replacement of approximately fifty (50) L.F. of twenty- one -inch (2111) diameter sanitary sewer main along South 5th Street near Avenue D. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the following Amendment to Ordinance No. 164, setting regular Council meeting dates through April, 1974, as required by City Charter. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM DECEMBER 19, 1973, THROUGH APRIL 9, 1974. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: i `� Minutes continued - December 18, 1973 That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6 :30 P.M. on each of the following dates. January 8th and 22nd February 12th and 26th March 12th-and 26th April 9th Any and all ordinances of the City of Nederland, Texas which conflict with any of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting, this the 18th day of December 1973. S /T. E. LEE, JR. Mayor, City of Nederland, Texas ATTEST: S /ALTA FLETCHER City Secretary City of Nederland, Texas APPROVED AS TO FORM: ' S/W. E. SANDERSON W„ E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Nugent to approve a joint City - Chamber of Commerce "City -Wide Clean Up Program" to culminate on March 21st with Nederland's Heritage Festival. All Voted Aye. Discussion items were: Visit from John Livingston, Texas Parks and Wildlife; Audit to be complete by end of week; Cost of sound meter, $375.00; Speed limit to remain same in 500 Block of South 14th Street; Diesel shortage during certain months ex- pected; Jasper Snyder mobile home unchanged; Raw sewage in ditch at Harper resi- dence on Avenue E; Bad dog at 820 Detroit; SETRPC meeting on December 19th; Low hanging limb at Opportunity Center; Dog on Kent now penned. The meeting was adjourned at 7 :50 P.M. T, E. Lee, Jr., MayoiQ City of Nederland, Texas ATTEST: a Alta Fletcher, City Secretary City of Nederland, Texas 2 3 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' January 8, 1974 The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. Presentation of a piece of fire fighting equipment was made to Mayor T. E. Lee, Jr. and Fire Chief Johnny Cormier by Curtis Holden, President of the Nederland Volunteer Fire Department. The equipment was a Partner's K -12 for cutting metal and concrete. Presentation of the annual audit report for 1972 -1973 fiscal year was made by Neushafer and Browning, Certified Public Accountants of Beaumont. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to approve the audit as presented; to authorize payment of $2,500.00 for the report preparation; and to authorize publication of "Summary Statement of Cash Receipts and Disbursements" in accordance with Section 15.03 of the City Charter. All Voted Aye. Presentation was made of a rate increase request for natural gas supplied to customers within the corporate limits by Mr. Bill Hay, Manager of Southern Union Gas Company - South County District. ' A motion was made by Mr. Lee and seconded by Mr. LeBlanc to table action on the gas rate increase until a study has been made. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve an "Election Order" setting an election on Saturday, April 6, 1974, for the purpose of electing a Mayor and two (2) Councilmen in accordance with Article XI of the City Charter. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the following Amendment to Ordinance No. 39 prohibiting the drilling for oil, gas and /or other minerals on City -owned property which has been dedicated to the City for use as park and recrea- tional purposes only. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 39 AN ORDINANCE PROHIBITING THE EXPLORATION FOR OIL, GAS AND /OR OTHER MINERALS WITHIN THE CITY OF NEDERLAND WITHOUT A PERMIT THEREFOR; PROVIDING THAT THE CITY BUILDING INSPECTOR SHALL ISSUE SUCH PERMIT; PROVIDING THAT ALL APPLICANTS FOR SUCH PERMITS SHALL CARRY LIABILITY INSURANCE IN THE MINIMUM SUM OF $10,000; PROVIDING FOR PROHIBITING THE DRILLING FOR OIL AND /OR MINERALS ON THE SURFACE OF ANY CITY OF NEDERLAND PROPERTY DEDICATED FOR USE AS PARK AND RECREATIONAL PURPOSES; PROVIDING A PENALTY OF NOT LESS THAN $25.00 NOR MORE THAN,$200.00 FOR VIOLATION; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY AND PROVIDING AN EFFECTIVE DATE. ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION III: A - No permit shall be issued to any person, firm, or corporation, to drill for oil, gas and /or other minerals on any property located within the City of Nederland which property has been dedicated to the City of Nederland with the agreement 2i4 Minutes continued - January 8, 1974 by City and Grantor to use the property only for park and recreational purposes. SECTION IV: - Any person, firm or corporation violating any terms or provisions ' of this ordinance shall be fined in a sum not less than $25.00 nor more than $200.00 and each day's violation thereof shall constitute a separate offense. SECTION V: - This ordinance shall be published by publishing the caption thereof within ten (10) days after the passage thereof, for three (3) successive days in the Mid - County Chronicle Review, the official newspaper of the City of Nederland. SECTION VI: - This ordinance shall be in effect from and after its passage and publication as required by the City Charter. PASSED, APPROVED AND ADOPTED, this 8th day of January, A.D. 1974. S /T. E, LEE, JR. Mayor, City of Nederland, Texas ATTEST: S /ALTA FLETCHER City Secretary, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S/W. EVERETT SANDERSON ' City Attorney, City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payments from 1970 Wastewater Plant Fund, .Job 369 -10 -D, as follows: Chas. R. Haile Associates, Inc., $440.86; and Port City Construction, $1,000.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve payment of bills for the month of December in the amount of $9,227.04 by General Fund Checks Nos. 3573- 3619, $15,947.33 by Water Fund Checks Nos. 694 -731, a total of $25, 174.37. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize James Aldridge, Acting Street and Drainage Superintendent, to attend a two -day workshop on street mainte- nance and construction in Baytown, January 17 and 18. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize Gulf States Utilities Company to install two (2) street lights on sanitary landfill property. All Voted Aye. Discussion items were as follows: Goodyear Tire Place - signs obstructing view; Mobile Home on Luling - Zoning Board of Appeals; Overspray on cars on Avenue D near sewer plant; , Franklin and 15th Street, dark area; 1200 Block of Avenue K, Louis Grimes, below standard housing; Trash on corner of 18th Street and Atlanta Avenue around sign; Bill Sturrock - Thanks for assistance from Police Department in catching horses; News Release from Regional Council on aging; Approve News Release for public meeting, 1/24/74; Minutes continued - January 8, 1974 Dinner Meeting, 1/16/74, SETRPC, Wednesday; ' TML, Region 16, Harvest Club, 1/17/74, Thursday; K. C. Hall, 1/31/74; $232.91 for police goods; Port City Construction Company, quote on ten items approved; Extend water service to Pipefitters Hall; Rodding of habitual stop -ups, estimated $2,000.00. Meeting adjourned at 8;45 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 C T. E. Lee, Mayor City of Nederland, exas 2iO 276 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , January 22, 1974 The meeting was called to order at 6 :j0 P. M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc,, Mr. T. E. Lee, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. One sealed bid was received and opened far sewer line replacement along South 5th Street near Avenue "D ". The bid was from Sabine Consolidated, Inc. who bid $38,100 on Proposal I and $3,950 on Proposal V. A motion was made by Mr. Lee and seconded by Mr. Sawyer to table action on the bid from Sabine Consolidated, Inc. to allow further study. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to. approve change orders to Port City Construction Co., Inc., contract providing for several miscellaneous additions to wastewater plant contract as recommended by engineers for $5,033.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve change orders to Port City Construction Co., Inc., contract awarding coating jobs to Industrial Coating, I Inc., Beaumont for $1,360 and $2,106. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to approve payment of annual 1974 dues to South East Texas Regional Planning Commission in the amount of $1,569.48, an amount that reduces the Senior Citizens Assessment from $623.40, as previously approved, to $452.77. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve the quotation of Naylor Pipe Cleaning for rental of sewer line rodding equipment for cleaning of lines as listed, @ $30.00 per hr. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to approve extending the plan- ning agreement with Robert Caldwell and Associates, Bryan, and Texas Department of Com- munity Affairs to March 31, 1974, and increasing the scope to include a land use inventory, neighborhood analysis, land use plan, circulatipn plan and environmental assessment; total cost of $90007 city participation to $3,190. All Voted Aye. Mr. and Mrs. Buddy Herring of 506 11th Street were present to request city assistance in an unsanitary condition in their neighborhood. They were assured that the Fire Marshal would make another inspection at the address. . A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize letter to six property owners of intent to instigate proceedings under Ordinances 125 and 138 pertaining to upgrading structures to minimum standard or demolishing of same. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize receiving bids ' at 6 :30 P.M., February 26, for providing plans, specifications and complete 60' x 110' equipment shed building at Service Center; bids on fabricating "Lubricant Servicing System." All Voted Aye. 277 Minutes Continued, January 22, 1974 A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize an extension of 6" water line and fire hydrant installation to serve pipefitters hall on U. S. 69 (outside city) upon their payment of $1,922.38 per Ordinance No. 149 extension policy. All Voted Aye. Discussion items were as follows: 1. Sewer line stoppage. 2. Nuisance of chickens and rabbits at 3403 Nederland Avenue. 3. For circulation on Saturday: a. Franklin and 21st b. 1100 Block Kent C. 3600 Block Avenue D d. Manhole plugged at 1123 Helena e. $1,500 drainage job on 21st Street and $500 drainage job on Kent Avenue (materials only.) 4. Establish policy whereby Street Foreman and two men are on duty and available at City Hall during heavy rains on weekends. 5. Copies of Comprehensive Plan available with meeting of Committee scheduled for Monday night. 6. Only Greer would like to move sale of auto license plates to Service Center. 7. Workmen's Compensation. 8. Now buying FAS gas from Continental Station @ 39.9¢. 9. Mrs. Goodwin ill and Mr. Vandenberg replacing her at the Windmill temporarily. 10. Jaycees studying the possibility of moving trophies to Windmill. 11. Revenue Sharing Audit. 12. Money budgeted for planning on Police Annex. 13. Meeting scheduled for Zoning Board of Appeals on Monday, Jasper Snyder mobile home 14. Senior Citizens meeting scheduled for Thursday, 2 :00 P.M. 15. Quotations on junk. 16. Mid - County Municipal League meeting at the Schooner, Thursday, 6 :30 P.M. ' 17. Port Arthur possibly engaging audit study of Southern Union Gas for rate increase. 18. Beaumont Fire Department no longer leaving city limits. 19. Annexation procedure. 20. Appointment of Equalization Board members next meeting. 21. Doornbos Park plan presentation to Texas Parks and Wildlife Department Thursday. 22. Painting of Sewer Plant, Buff Color, $700.00 (materials.) 23. Name member to Citizen Advisory Committee from Clayton Addition. 24. Street program list. 25. Purchase of next year's equipment. 26. Plastic garbage bags. 27. Letters of commendation from James P. Ritter and from Mobil Oil Corporation. 28. Sabine Consolidated. The meeting was adjourned at 9:10 P. M. T. E. Lee, Jr., May ' City of Nederland, Texas ATTEST: Alla Fletcher, City Secretary ' City of Nederland, Texas 2S REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 12, 1974 The meeting was called to order at 6 :30 P. M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve Minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve an agreement with the "30th Street Armstrong Addition Sewer Association" permitting a maximum of 15 customers to install and connect to a sewer line extension in that area as presented by Jack C. Weeren, President. All Voted Aye. THE STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered'into'by and between the City of Nederland, a muni- cipal corporation in Jefferson County, Texas, hereinafter referred to as City and the 30th Street Armstrong Addition Sewer Association, hereinafter referred to as Association, WITNESSETH: 1. The City, subject to and upon the terms and conditions hereinafter set out agrees to furnish to the Association, the treatment of household sewage and the Association , and the members of the Association agree to pay for such sewer treatment service under the terms of this contract, and the rate provided for below. 2. The rate for the sewer service shall be five and eighty/100 dollars ($5.80) per member of the association, per month. In the event the city increases its sewer rates within the limits of the City, rates the members of the Association shall pay, will be twice the rate for the citizens within the city limits of the City. 3. The Association will provide all labor, materials, insurance, easements, right of ways, and contingencies necessary to construct the sewer system located within the bound- aries of the Association. The materials and fees to be supplied by the Association include, but are not limited to, the following: I. All sewer pipe shall be 8 inches in diameter, described as plastic pipe ASTMD - 2241 -67 Type I. 2. Manholes shall be installed at about 500 feet along the line and "a clean -out" shall be installed at the end of the line. 3. The lines shall have a 30 inch cover minimum and a minimum slope of .25 degrees. 4. The Association shall bear the expense of installing the Canal Street manhole tap and 50 feet extension for the 8 inch sewer line. 5. Sewer tap outside City at the cost of One hundred and fifty and no/100 dollars ($150-00). 6. The Association shall install 4 inch wye brances and pay to the City a plumbing and inspection fee of Four and 50100 dollars ($4.50) each. ' 4. The City agrees to furnish inspection of the sewer service by its employees and the City engineer, at no cost to the Association. The Association agrees to pay for one -half of the engineering design, lay -out, and installation- engineering cost, not to exceed five hundred and no/100 dollars ($500-00). Minutes Continued, February 12, 1974 5. 279 The Association reserves the right to obtain bids and approve or deny any or all ' contracts on this project. 6. The ownership, operation and maintenance of the sewer lines or any part of the sewer system within the limits of the Association shall be vested in the Association until the area from Canal Street to the L.N.V.A. Canal and from Twenty- seventh Street to Highway 69 is annexed into the City of Nederland and City water and sewer is provided to the entire area, then the ownership, operation and maintenance shall be transferred "lien free" to the City by the Association. 7. The association desires that the City not provide garbage or any service to any member of the Association not called for in this contract. 8. No more than fifteen (15) customers shall be connected until further authorization be received from the City and the Association. 9. The City shall furnish members of the Association, monthly statements on or before the 10th of each month and the same shall be due and payable on or before the 15th of each month. All payments shall be delinquent unless paid on or before the 15th of the month for which billed. The City shall have the right to discontinue services to any member of the Association who becomes delinquent in their payments as per City Ordinance 155. The first monthly payment shall.be due on or before the 15th of the month following the month that the member of the Association taps on to the line. 10. The Association, as part of its consideration of this contract, agrees that the City, its agents, and representative shall have (and it is hereby granted ) the privilege and permission to inspect the sanitary sewer lines at all reasonable times. The Asso- ciation covenants, binds and obligates itself that all sewer connections and other plumbing hereafter installed in this system shall be and conform to the minimum require- ments of the City and the Texas State Board of Health. The Association and its members covenant and agree to not to discharge into the sewer system any waste not specifically classified as residential sanitary waste. Conversely, the City binds itself to furnish to the Association sewage treatment of the same quality that it delivers to its customers within its corporate limits. It is further specifically understood and agreed that the City shall not be liable to the Association nor any of the Association members for failure to furnish sewage treatment under this contract if such failure is caused by fire, strike, riots, lockouts, storms, drought, war or any Act of God or the destruction or failure, total or partial, or the breakdown of any treating plant or plants, or any units of equipment therein, or the destruction or breakdown of any cause whatsoever, or by reason of insufficient treating capacity. 12. In order to protect the City from liability of all damages, the Association hereby agrees to keep in force and effect during the construction of the sewer line or any extensions thereof, comprehensive liability insurance in the amount of One hundred thousand and no/100 dollars ($100,000.00) each injury, Two hundred thousand and no/100 dollars ($200,000.00) aggregate and property damage liability insurance in the amount of One hundred thousand and no/100 dollars ($100,000.00 each occurrence and Two hundred thousand and no/100 dollars ($200,000.00 aggregate. If the Association or any of its members is to do any part of the work in laying the sewer lines, the Association shall furnish the above said insurance and will require all contractors doing any part of the work in laying the sewer lines and appurtenances thereto, to have the above mentioned insurance and to furnish the City with evidence of same. Sub - contractors will not be required to carry insurance unless required to do so by the prime contractor. In the event the Association or any of its members are not to do any part of the work, the Asso- ciation will not be required to carry said insurance. The Association and /or the con- tractor shall furnish to the City, evidence that said insurance is in force and effect. 0 Minutes Continued, February 12, 1974 13. The parties hereto agree that it is the duty of the City to furnish sewage treatment to its own residents first and that the rights of the Association under this contract are subordinate to the needs of the customers within the corporate city limits, and all other existing customers of the City at this time. 14. It is agreed by the parties hereto that a violation of the terms of this contract by the Association, the City shall have the right to terminate said contract by giving thirty (30) days written notice to the Association or to the members of the Association who are tied into the sewer system. 15. This contract shall be null and void at the option of the City if this Association has not substantially done the work toward laying the sewer line and appurtenances thereto within six (6) months from date of this contract. IN WITNESS WHEREOF, the City of Nederland, Texas and the 30th Street Armstrong Ad- dition Sewer Association, respectively, during a legally convened meeting of the governing body thereof, have entered into and caused this agreement to be signed in duplicate origi- nals on this the 12 day of February, 1974. CITY OF NEDERLAND ATTEST: BY T. E. LEE, JR. ALTA FLETCHER Mayor 30TH STREET ARMSTRONG ADDITION SEWER ASSOCIATION APPROVED AS TO FORM AND LEGALITY: BY JACK C. WEEREN President ' BY JOHN A. CUTAIA W. EVERETT SANDERSON Vice President City Attorney BY WILMER YOUNG Secretary— Treasurer A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve a 1973 Supplemental Tax Roll deleting $38,100 in assessment and $617.22 in tax for those persons over 65 who were eligible for the $3,000 exemption. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to appoint Mr. John T. Lewis, Mr. Leo D. Tucker and Mr. Melvin R. Spittler to the 1974 Equalization Board and to designate Mr. Spittler as Chairman of the Board. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize Jefferson County Tax Assessor /Collector Only Greer to use the City Service Center, 3215 Hardy Ave., for disbursement of car license plates during the month of March. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve award of S -5th Street 2111 diameter sewer line replacement job to Sabine Consolidated Construction Co., Inc., as follows: Proposal No. 1, $38,100.00 on total bid, — $4,200.00 for base and asphalt by:city) + $220.00 from clay to corrugated pipe @ $1.00/L.F.),' $34,120.00 total, with 75 working days, and to reject Proposal No. 5 (to be done by city forces). All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following Amendment ' to Resolution recognizing additional donors to C. Doornbos Park Development Fund. All Voted Aye. 1 1 1 201 Minutes Continued, February 12, 1974 AN AMENDED RESOLUTION Because of the "free will" donations of Nederland's outstanding citizens and service organizations - development of the "C. Doornbos Heritage '76 Park," as recently donated by Mr. and Mrs. William Doornbos, will soon be underway; NOW, THEREFORE, BE IT RESOLVED that the Nederland City Council hereby commends and salutes the following contributors, to -wit: Mr. & Mrs. Richard E. Doornbos Mrs. May Youmans and Mr. & Mrs. H. C. Youmans Dr. & Mrs. Felix Walters Mrs. Louise Doornbos Peggy Jo Doornbos Mr. & Mrs. Billy W. Doornbos Mr. & Mrs. R. L. Barnett, Jr. Mr. & Mrs. Joe Cureton Mr. & Mrs. George Weller Diamond Jubilee Funds Chamber of Commerce Republic of Texas Savings Assn Fidelity Savings & Loan First Savings Association Hebert Insurance Southern Union Gas Union Oil $ 20,000 Rotary Club $ 2,000 Exhausted Roosters 250 10,000 Lions Club 250 2,000 Evening Optimist Club 250 3,000 Mid County Optimist 500 500 Knights of Columbus 500 500 Nederland B & P W 500 500 Mid County Kiwanis Club 500 250 Pilot Club 250 200 Westernaire Alumnae 250 1,000 Nederland State Bank 5,000 250 Gulf States Utilities 1,000 1,500 Mr. & Mrs. C. Doornbos, III 300 750 Nederland -Port Neches Board 250 of Realtors 500 250 Southwestern Bell 500 500 ESA -Beta Delta 349 100 2,000 Mr. & Mrs. W. E. Kitchen 100 PASSED AND APPROVED by the City Council during a legally convened meeting this 12th day of February, A.D., 1974. T. E. LEE. JR. Mayor R. A. NUGENT Mayor Pro Tem ALTA FLETCHER City Secretary E. T. GILLESPIE. JR. Councilman CARL N. LEBLANC Councilman ROBERT D. SAWYER Councilman A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table action on award of quotation on sale of miscellaneous junk located at City Service Center until the next meeting. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. LeBlanc to appoint Mr. Aaron Harmon to the Citizens Advisory Committee in connection with preparation of comprehensive plan. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to cancel the request for bids on 60' x 110' shed building and amend the Budget, Page 30, Revenue Sharing, to provide for the purchase of a ditch cleaning machine, Hydroscopic or approved equal, with bids to be received March 26, 1974. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to revise the cost for the additional Robert Caldwell and Associates work as approved from $3,190 to $3,193. All Voted Aye. 282 Minutes Continued, February 12, 1974 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize annual waiver permitting low flight of aircraft for mosquito control purposes by Jefferson County Mosquito Control District. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize payment to Chas. R. Haile Associates in amount of $159.06 for work on Waste Water Treatment Plant, 369 -1OD WPC TEX 630. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of bills for the month of January in the amount of $8,723.88 by General Fund Checks No. 3668- 3721 and $16,030.77 by Water Fund Checks No. 740 -768. All Voted Aye. Discussion items were as follows: 1. Senior Citizen Transportation System, Mr. Roy Christensen, SETRPC. 2. Policy for emergency call -out procedures on weekends and holidays during periods of rainfall exceeding 11+ per hour. 3. .Actions taken in answer to petitions for drainage improvements along S -23rd Street and Avenue D. 4. Proposal for employing a Detective Juvenile Officer, One -half time Secretary, and Incoterm Operator for dispatch system under Criminal Justice Council grant for $21,506.30 in accordance with Bernard Johnson study. 5. Revise cost estimate for Kent Street storm sewer for materials from $500.00 to $1,064.00. 6. Decision by Appeal Board pertaining to mobile home on Kent Ave. 7. Drainage problem behind store at Detroit and 27th Street. 8. More gradual slope needed when repaired at 12th Street and Gary Avenue. 9. 820 Boston, remodeling this house late at night and causing disturbance. 10. Ladder should be. removed from old sewer plant on Gage Avenue. 11. City of Port Neches annexing Magpetco. 12. Fire department making out of city calls. 13. Both ends of Helena Avenue getting in poor condition. 14. Shortage of plastic bags and price 'increase. 15. Garbage truck to be in San Antonio Monday. 16. Mid - County Municipal League meeting changed from 221 to 227.* 17. Approval for Water Department men to attend school. 18. Business Men's Assurance, reduction after Workmen's Compensation. 19. Summer Recreational Program. 20. Banquet honoring Mr. Lucke, The Schooner. 21. Investments at Nederland State Bank and interest during Fiscal Year. The meeting was adjourned at 9 :10 P. M. T. E. Lee, Jr., Ma or ATTEST: City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas *Mr. Nugent left the meeting at this point. I`] 1 1 I 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF NEDERLAND 2S3 February 26, 1974 Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, and Mr. R. A. Nugent. Mayor T. E. Lee, Jr. and Councilman Sam Gillespie were absent. The meeting was called to order at 6 :30 P. M. by Mayor Pro -Tem R. A. Nugent. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Minutes of the previous meeting as written. All Voted Aye. Bids for furnishing and installing oil servicing pumps and assemblies at service center warehouse were received, opened and read from Heatley Equipment Company, $1,483.65 and $1,332.65; Hewitt Pump, Inc., $895.57 and $840.39; and Oil Marketing Equipment Company, $1,044.00. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to refer the above described bids to the City Manager and his staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve the City - School Summer Recreation Program as recommended by coordinators. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve payment in the amount of $3,466.00 to Industrial Painters, Inc., for sand blasting and painting of wet well of waste water plant, Job No. 369 -10 -D. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve attendance of Water Department employees to schools at Beaumont and Port Arthur at a total cost of $88.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the sale of scrap and junk items to Port Iron and Supply Co. in accordance with their quoted price of $.0311 lb., as is where is, high quotation. All Voted Aye. Discussion items were as follows: 1. Mr. A. Genuardi, 415 27th St., requested lowering of speed limit to 20 MPH here. 2. Maintenance of KCS track in very poor condition. 3. Samuel Rosa, 207 S -4th St., water standing in culvert. 4. Joe Sudela, 3112 Avenue A, prefers to have ditch cleaned. 5. I. A. Berliski, 1000 Block 14th St., request for stop sign and culvert cleaning. 6. Additional cost evident for garbage bags. 7. Next year's street program; authorization for base material at next meeting. 8. "French House" organizational meeting, 6:30 P.M., March 4, 1974. 9. Opening of museum during festival. 10. Koppers Co.., news release for magazine. 11. Allen Romero, Raskin and Sells, rate increase request. 12. Mid - County Municipal League Meeting, February 27, 6:30 P.M. 13. Sawyer Wooster and Jerry McNeill, putting off Civil Defense meeting. 14. Future police annex, architectural agreement. The meeting was adjourned at 9:00 P. M. ATTEST: �1 / ► f9���� ent M r Pro -Tem Alta Fletcher, City Secretary R. A. Nug , City of Nederland, Texas City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 12, 1974 The meeting was called to order at 6 :30 P. M. by Mayor T. E. Lee, Jr. Members present were Mr.-R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent and Mr. Sam Gillespie. Charles Caldwell of Robert Caldwell and Associates, Planners, was present to discuss with the Council a "land use map" which was recently completed. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the previous meeting. All Voted Aye. _ A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to award bid to Hewett Pump Company for furnishing and installing lubricating servicing system at the Service Center garage for $895.57. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the purchase of 300,000 plastic bags from Pak -Rite Corporation at $33.74 per thousand which is the last'of three orders as bid September 11, 1973. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the installation of concrete pipe and 4' widening of asphalt surface for pedestrian use along one side of 27th Street from near Helena Avenue to Gary Avenue and along one side of 27th Street from Avenue G to near Avenue H, as shown on submitted sketches, at an estimated material cost I of $1,600.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to present the following letter to the Chamber of Commerce. All Voted Aye. March -12, 1974 Mr. J. W. Shaw President, Nederland Chamber of Commerce P. 0. Box 758 Nederland, Texas 77627 Dear Sir :. This is in answer to your letters Hated March 4 and 6, concerning the Windmill operation, maintenance and etc. As you know, this structure was presented to and accepted by the City Council in 1969. The artifacts, antiques, display cases, etc., were accumulated by a committee appointed by the Chamber of Commerce, who still are in charge of these items. Our proposal is that the city continue to provide insurance, building maintenance, grounds upkeep and utilities; that a Chamber of Commerce committee be appointed to collect and maintain artifacts, display cases and maintain the interior of the building and furnish attendants and operation. That the city contribute $200.00 per month to the Chamber of Commerce as city contribution toward janitoral, attendant or interior upkeep expenses and overhead. , If your Board of Directors concur with this outline of responsibility - authority for that operation or have any other suggested alternative, please let us know. Sincerely, T. E. LEE, JR. Mayor Minutes Continued, March 12, 1974 285 Murphy S. Vaught, Architect, was present to discuss with the Council plans for a future annex to the City Office Building for police and library facilities. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize payment of Estimate No. 16, Job No. 369 -10D, to Port City Construction in the amount of $17,000.00 for Waste Water Treatment Plant. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment to Mobil Chemical in the amount of $762.$3 for coating material used on the wet well repair at the Waste Water Treatment Plant. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of monthly bills for the month of.February in the-amount of $9,084.94 by General Fund Checks No. 3751 -3790, $15,464.30 by Water Fund Checks No. 787 -817 and $4,187.85 by Revemie Sharing Checks No.-154-157. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve payment of $1,545.60 to B & B Auto Supply for supply of dirt to the sanitary landfill. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize advertisement for bids to be received 6 :30 P. M., April 9, for furnishing minimum 1,400 cubic yards .cover.dirt at the sanitary landfill site per month. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to table action concerning request for Wayne and Nancy Pleasant to permit the encroachment of the front part of the garage on 10th Street next to Boston Avenue. All Voted Aye. Discussion items were as follows: 1. Flooding of garage and back yard area belonging to Harry Rees. 2. The ordering of rock or base materials for street work - shortage situation. 3. Request for 2 or 3 lapel tulips for each councilman. 4. 18th Street needs street repair on Southwest side. 5. Letter from Mr. Harmon concerning Nederland Babe Ruth League payment of utilities. 6. Letter from Highway Department - traffic signal contractor to start soon. 7. Inquiry from Bob Fleming, Water Quality Board, sewer grant for outside city. The meeting was adjourned at 9 :00 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 T. E. Lee, Jr., M y City of Nederland, Texas 286 REGULAR MEETING OF THE CITY COUNCIL CITY OF NEDERLAND March 26, 1974 ' The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mr. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the minutes of the previous meeting. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to refer the bids for a road ditch type excavating and cleaning machine to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to grant a maximum of 18 months from this date for owners of garage on Lot 19, corner of 10th Street and Boston Avenue, to relocate from existing 10th Street R. O. W. as requested by M. L. C. Lucke, Realtor. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to make payment to Port City Construction Co. , invoice number 2, in amount of $385. 60 for repairs to existing building, Project 369 -1OD, WPC- Tex -630. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to ratify the ' priority list for Phase III Planning Service by Robert Caldwell and Associates. All Voted Aye. 1. Review of existing administrative controls 2. Recommend administrative controls. 3. Review and evaluation of existing inspection fee structure for plumbing, electrical, building, etc. 4. Review existing water, sewer and storm drainage system plans and expand to include ETJ. 4. A Make a composite map of water and sewer systems at I" = 1,000' to include all three cities. 4. B Wants a limited feasibility study to consolidate water and sewer operations for all three cities. 5. Annexation Plan for ETJ area covering 20 years by five year increments. 6. Public Buildings Inventory and Pla-i. 7. Parks and Recreation Inventory and Plan. 8. Central Business District Inventory and Plan. 9. Feasibility study of nursing home needs in Nederland. 10. Design Industrial Park for Sun Oil Site. 11. Study and evaluate need for branch offices of TEC, SS, IRS, DPS, etc. for ' location in Mid County Area. 12. Capital Improvements Program. 1 1 1 Minutes continued, March 26, 1974 287 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the agreement with Moore, Stansbury and Vaught for planning of an addition to the City Office Building. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to increase from 15 to 18 of the maximum number of customers to be served by the 30th Street - Armstrong Sewer Association line extension agreement, as requested by Mr. Jack Weeren, President. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to make payment to Chas. R. Haile Associates, Inc. , Engineers, in amount of $1, 263. 19 for engineering services on Wastewater Treatment Plant, Job 369 -1OD, WPC - Tex -630. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize Chief Johnny Cormier to attend, and expenses, as an instructor to Texas A & M University Industrial Fire Fighting School, the week of July 29, 1974. All Voted Aye. Discussion items were as follows: 1. City Councilmen were invited to a gumbo, Knights of Columbus Hall, honoring the Nederland Police Department. 2. A flood light on back parking lot of the City Office Building. 3. Mayor Lee thanked all city employees and committee members on a job well done for the Heritage Festival. 4. Flood Insurance 5. Work to begin on South 5th Street April 1, 1974 6. Drainage project to begin March 27, 1974, on Ithaca 7. Kirby Babineaux trial 8. Emergency allotment on gasoline 9. Service for the aging - application to SETRPC cost + $1. 00 10. Plastic tile under sidewalks 11. Hole in top of culvert at 16th and Hwy. 365 12. Trailer on S 12th Street The meeting adjourned at 8:45 P.M. ATTEST: 1Te7ttYTri4r Acting City Secretary T. E. Lee, Jr. , Mayor bob REGULAR MEETING OF THE CITY COUNCIL CITY OF NEDERLAND April 9, 1974 ' The meeting was called to order at 6:30 P.M. by Mayor T. E. Lee, Jr. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. T. E. Lee, Jr., Mn R. A. Nugent and Mr. E. T. Gillespie. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the minutes of the meeting of March 26, 1974, as written. All Voted Aye., The returns of the April 6, 1974, General Election were read by Mrs. Fern Shannon, Election Judge. The Oath of Office was administered by the Acting City Secretary to the Mayor, Homer E. Nagel; to the Councilman of Ward Two, Mr. Carl LeBlanc; and to the Councilman of Ward Four, Mr. R. A. Nugent. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to accept the returns of the election as presented and to approve payment of the Election Officials in the amount of $140.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award bid to B & B Auto Supply for a minimum of 1, 400 cubic yards of cover dirt for I mutual sanitary landfill operationat $2.00 per cubic yard in 14 yd. per truck load. All Voted Aye. A moiton was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve plans and authorize building on city property adjacent to the Windmill Museum; authorize city participation in project of permit fees; water and sanitary sewer taps; and filling and grading of site for the French House Museum. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to award ditch cleaning machine bid to low bidder, Hi -Way Equipment Co. , for Hydro - Scopic Model 300 H. S. Diesel, $48, 105. 26, delivery in 30 -40 days, and approve amendment to Revenue Sharing Budget: From $40, 000. 00 allocated to new equipment shed, $ 40, 000.00 From $60, 000. 00 allocated to streets, 8, 105.26 T48, 105. 26 All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to amend Ordinance 164 setting regular meetinh dates through August 27, 1974. All Voted Aye. AN AMENDMENT TO ORDINANCE 164 , AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 10, 1974, THROUGH AUGUST 27, 1974. Minutes continued, April 9, 1974 289 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 nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P.M. on each of the following dates: April 23 May 14 and 21 June 11 and 25 July 9 and 23 August 13 and 27 Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting, this the 9th day of April, 1974. S/ H. E. NAGEL Mayor City of Nederland, Texas ATTEST: S/ BETTY HILL ' City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. EVERETT SANDERSON City Attorney City of Nederland, Texas A motion was made by Mr. LeBlanc, and seconded by Mr. Nagel to advertise for bids to be received 6:30 P.M. , May 14, for annual supply needs and for next fiscal year's equipment needs and for road building /maintenance materials. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize Gulf States Utility Company to install a 400 Watt Sodium Vapor light in parking area behind city office building. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize pay- ment of the bills for the month of March.in `he amount of $12, 852. 91 by General Fund Checks No. 3829 -3866, $12, 325. 60 by Water Fund Checks No. 822 -857. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment to Port -City Construction Company, Job 369 -1OD, Estimate No. 17, in the amount of $11, 685. 00, for Waste Water Treatment Plant Improvements. All Voted Aye. 290 Minutes continued. April 9, 1974 A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve a Resolution seeking extension of subsidized flood plain insurance, or other relief, from Federal Agencies /Government; and Drainage District No. 7/ Corps of Engineers expedite completion of flood levee /pump /ponding system by J .Anuary 1, 1977. All Voted Aye. CITY OF NEDERLAND RESOLUTION Be it hereby resolved by the City Council of the City of Nederland, Texas, that due to the fact that the City of Nederland is presently designated as being within a flood prone area, and feeling that the citizens and taxpayers of Nederland could possibly be subject to "punishment" as a so called "non - participating' community by being denied their constitutional right to equal federal assistance; and, WHEREAS, the City of Nederland officially applied for Federal Flood Insurance Coverage July 27, 1970, under the National Flood Insurance Act of 1968; and, WHEREAS, the City of Nederland received Flood Insurance eligibility January 3, 1972, from the Department of Housing and Urban Development; and, WHEREAS, said flood insurance eligibility was to continue in force pending further detailed examination; and, WHEREAS, no detailed examination was ever made to any extend whatsoever; and, WHEREAS, on December 22, 1971, the National Flood Act of 1968 was extended to December 1973, and then on December 31, 1973, the Flood Disaster Protection Act (PL 93 -234, Sec. 106, Sub - section (a) of Sec. 1336 of the National Flood Insurance Act of 1968 was amended to December 31, 1975; and, WHEREAS, the City of Nederland was requested to submit a request for a waiver , in accordance with paragraph (M) of Sec. 1910. 45 of HUD Land Management Folder reprinted from Federal Register, 36 FR 11109 -12 June 9, 1971; and, WHEREAS, the City of Nederland officially requested said waiver December 13, 1971; and, WHEREAS, several attempts were made to determine the status of said waiver application; and, WHEREAS, no official response has ever been received in regard to our application for waiver; and, WHEREAS, the citizens voted bond issues to construct a Hurricane Protection Project prepared by the Corp of Engineers; and, WHEREAS, The Corp of Engineers has re- scheduled the completion of said Hurricane Protection Project; and, WHEREAS, the Corp of Engineers has made specific studies of the 100 year frequency floods within the boundries of said project; and, WHEREAS, the Corp of Engineers has set the ponding area known as t'alligator" to be between 3.0 to 5. 0 feet mean sea level elevation during a 100 year storm; and, WHEREAS, the lowest point within the City of Nederland is 7. 0 feet which is more than 2 feet above any proposed facsimile storms projected high water level; and, WHEREAS, the flood protection project has progressed very well, has been accelerated, and is now approximately 80% complete; and, WHEREAS, the Flood Protection Project is presently providing this area a con- ' siderable amount of protection even in its present incompleted stage; and, WHEREAS, each day of work accomplished on the project adds additional protection to the area; and, WHEREAS, Section 110 of the National Flood Ins. Act of 1968 has been amended' by Sec. 1368 establishing explicit appeals procedure for communities desiring to Minutes continued, April 9, 1974 291 challenge the Secretary's proposed determination relating to minimum construction elevation standards; and, WHEREAS, we now understand that certain Federal Agencies will no longer be allowed to loan or insure loans in the "so called" Flood Hazard area as mapped by F.I.A. official Flood Hazard Map August 27, 1970; and, WHEREAS, the City of Nederland feels that the Flood Hazard area designated along the 14 foot elevation in the City of Nederland is causing undue hardships and will punish the taxpayers of Nedeii and unjustly; and, WHEREAS, the City of Nederland feels that sufficient protection is provided now by the Hurricane Protection Project in its present stage of construction to eleminate the entire City of Nederland from the Flood Hazard area; NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, desire to challenge the Secretary's proposed determinations relating to minimum construction elevation standards and the existing Flood Hazard elevation as set by the current F. I. A. map; and, BE IT FURTHER RESOLVED that the City of Nederland Officials desire action taken in the above matter as soon as possible to prevent any undue hardship or punishment to the American citizens and taxpayers residing and owning property in Nederland, Texas, by denying them any type of federal assistance to which they are duly and legally entitled to receive under the constitution and laws of the United States. PASSED AND APPROVED during a legally convened meeting this 9th day of April, A. D. , 1974. S/ HOMER E. NAGEL ' Homer E. Nagel Mayor ATTEST: S/ BETTY HILL Betty Hill, Acting City Secretary APPROVED AS TO FORM AND LEGALITY S/ W. E. SANDERSON W. E. Sanderson, City Attorney Discussion items were as follows: 1. Mayor Nagel recommended that a preliminary review of the budget presentation be held prior to official presentation in accordance with Section 7. 02 of the City Charter. 2. Suggested a meeting with the Nederland City Council and the Nederland School Board - Mayor Nagel. 3. The Nederland City Council was approached on purchasing an ad in a pageant program for Groves. 4. Garbage rate increase of 7� - may result from increase in dirt cost bids. 5. Street light on 13th Street between Ave. K and Ave. L. 6. Four -way stop sign at Franklin Avenue and 14th Street. 7. Trash on KCS right -of -way. 292 Minutes continued, April 9, 1974 8. 'free growing in cluvert at sewer plant. 9. Municipal League meeting - Holiday Inn - Groves - discussion of asphalt laying machine. 10. Use of the softball diamond at Nederland service center. 11. Workman's Compensation Insurance. 12. Invitation to "Meet the Maia. 13. Doornbos Park Funds notavailable until after July 1. 14. Notification of parked cars with expired license plates. 15. Discussion of W. C. Webb's driveway on 24th Street. The meeting was adjourned at 8:45 P.M. H. E. Nagel, Mayor City of Nederland ATTEST: etty 1, Acting City Secretary City of Nederland Returns of the April 6, 1974, General Election were — out of 131 votes cast, said respective candidates received the following number of votes: NAME OF CANDIDATE Homer E. Nagel Carl N. Cropo LeBlanc R. A. Dick Nugent OFFICE Mayor Councilman — Ward Two Councilman — Ward Four VOTES 130 115 124 1 1 1 I� l.d 9 3 REGULAR, MEETING OF THE CITY COUNCIL CITY OF NEDERLAND April 23, 1974 The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to appoint Mr. R. A. Nugent as Mayor Pro Tempore in accordance with Section 3.07 of the City Charter. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint the following as members and alternates to Southeast Texas Regional Planning Commission Executive Committee in accordance with By -laws of same, Article VI, Section 1 -b: 'H. E. Nagel as member with R. D. Sawyer as alternate and C. N. LeBlanc as member with E. T. Gillespie as alternate. All Voted Aye. JA motion was made by Mr. LeBlanc and seconded by Mr. Nagel to appoint Mr. R. A. Nugent as Director of Mid County Municipal League in accordance with By -laws. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the Nederland American Revolution Bicentennial Plan as submitted. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve adoption of the following Amendment to Ordinance No. 107 authorizing "stop" signs at several locations. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including required stop signs: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - Stop Signs A stop sign shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP 14th Street at Franklin Avenue STOP 35th Street at Hardy Avenue STOP 14th Street at Jackson Avenue STOP AVENUE F at 35th Street Section 2 - Penalty Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. 294 Minutes Continued, April 23, 1974 Section 3 — Repealing Clause Any and all Ordinances of the City of Nederland, Texas, in conflict with any of the ' provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on the the 23rd day of April, A.D., 1974. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the City Attorney to pursue legal action in "bringing up to code" or "demolishing of structures" on the submitted list, and also, to authorize commendation of those property owners who have already complied with letter dated January 23, 1974. All Voted Aye. Discussion items were as follows: I. Blind corner at Avenue D and. 21st Street caused by honeysuckle vine on fence. 2. Mr. W. C. Webb expressed appreciation for lowering of storm sewer. 3. Backfill of sidewalks. 4. Congratulations in order for Mrs. Verble Baucum, Governor of District 8 Pilot Int. 5. System for follow —up on work orders. , 6. Joint meeting with School Board next Monday. 7. Expenditure and Revenue on annexation. 8. Cost of lighting tennis courts at Central Junior High School. 9. Meeting with Water District No. 10. 10. Reprinting of brochure. 11. Reprinting of stationery. 12. Army Recruiter returning to old city hall building. 13. National Little League requests water and sewer tap behind Wesley Methodist Church. 14. Replacement of glasses for Chief Cormier. 15. Annexation. 16. Large portion of insurance premium refunded. 17. Employee's Appreciation Dinner. 18. Site of Centennial. 19. S -5th Sewer job under construction. 20. Amendment prohibiting storage of gasoline and diesel in certain areas and closed stations. 21. Garbage bag delivery the first week of June. 22. Month of May designated for Senior Citizens. 23. Unlocked gate on back side of Waste Water Plant. 24. FBI investigation completed in Babineaux case, officers found in no way at fault. 25. Mid — County Municipal League meeting Thursday night, 7:00 P. M., Holiday. The meeting was adjourned at 8 :55 P. M. T H. E. Nagel, Mayo ATTEST: City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas G�5 SPECIAL MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND April 29, 1974 The meeting was called to order at 7:00 P. M. by Mayor Homer E. Nagel. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. The City Council met with all members of the School Board in a Special Conference Meeting for the purpose of discussing common interests and objectives of the two governing bodies. Three particular items of discussion were as follows: 1. Annexation of Nederland High School property. 2. Possible usage of old Central Junior High School property. 3. Relocation of neighborhood park in Helena Avenue -27th Street area. No official action was taken; the meeting was adjourned at 9:00 P. M. u ATTEST: ! ,, zz Z' - / Alta Fletcher, City Secretary City of Nederland, Texas 1 H. E. Nagel, Mayor City of Nederland, Texas `Lyb REGULAR MEETING OF THE CITY COUNCIL CITY OF NEDERLAND , May 14, 1974 The meeting was called to order at 6 :30 P. M. by Mayor Homer E. Nagel. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. Homer E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve Minutes of the previous meeting as written. All Voted Aye. Sealed bids were received, opened and read for the following: One Industrial Tractor FOB Nederland, One Backhoe FOB Nederland, One Loader FOB Nederland, Two iTon Pickups, Two Police Cars, Two 2 -Ton Dump Trucks with Bed, One 1 -Ton Truck Chassis and Service Body, Annual Waterworks Supplies, Chemicals, Tires for City of Nederland Rolling Equipment, Concrete Drainage Pipe, Street Materials, Ready Mix Concrete, Street Signs and Sewer Pipe. Bidders were as follows: International Harvestor, Michel Machinery Corp. Equipment Head- quarters, Oil City Tractors, Gordon Chevrolet, Raiford Motors, Dennis Weaver Chevrolet, Philpott Ford, International Harvestor, Haviland Camper and Trailer, Thompson - Hayward, Van Waters and Rogers, McKesson Chemical, Cyanamid Co. Stauffeur Chemical, J. W. Jones, Jones Supply Co., Fitting Supply Co., Ford Meter Box Co. Hollifield, Municipal Division of Rockwell, Neptune Meter Division, Smith Blair, East Texas Service Corp., Municipal Pipe, Utility Supply, Hersey Products, Badger Meter Co., Gamon - Calmet Industries, Rohan Co., Can -Tex, Fitting Supply Co., Lowen Co., Ve -Ped, Aztec Manufacturing, ABC Signs, Keown Supply, Davidson Construction Materials, Transit Mix, M. J. Walker Tires, White Tire Supply. ' A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to refer these bids to the City Manager for tabulation and recommendation. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to refer proposals for Workmen's Compensation coverage in accordance with Article 8309H as approved by the Texas Legislature of 1973 providing for coverage for cities of Nederland's size effective July 1, 1974, to the City Manager to work with Jerry McNeill and Bill Harrison in consideration of three different plans. All Voted. Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt the Preliminary Circu- lation Plan prepared by Robert Caldwell and Associates for presentation to the Texas High- way Department Planning Committee for official adoption as Nederland's Urban Road Plan and to approve the submitted plan for the next three year program under the Federal Aid Highway Act of 1973. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table ion authorizing in- stallation of a water and sewer tap for the National Little League park located on the Wesley Methodist Church property until a later date. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve an amendment to the Bylaws of the South East Texas Regional Planning Commission so that Article IV, Section 2(a) would read "The governing body of the Commission shall consist of at least 66 2/3`6 elected officials of general purpose governmental units." and Article IX, Section 3 would read ' "Funds of the Commission shall be placed in a depository to be designated by the Executive Committee. Checks for expenditures over $2,000 shall be signed by the President and Treasurer. In the case of expenditures under $2,000, checks may be signed by the Executive Director and the Treasurer. In the event that any of the aforesaid officials should be un- able to sign checks due to absence or illness, then the First Vice - President shall be autho- rized to sign checks in the place and stead of any one such absent or ill official." All Voted Aye. `1 94 Minutes Continued, May 14, 1974 A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment of ' Final Estimate, Job No. 373 -56, to Sabine Consolidated, Inc., in the amount of $34,795.00 for sewer line construction in the 400 Block of South 5th Street; and to approve payment to Chas. R. Haile Associates for supervision and services - November 1 through April 25 - in the amount of $1,641.41. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve agreements with Groves, Port Neches, Griffing Park, Lakeview and Pear Ridge for operation of the mutual Mid County Municipal League Sanitary Landfill for a period of three years. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment to Chas. R. Haile Associates, Inc., for supervision of $409.49 on Job No. 369 -10D, Waste Water Treatment Plant. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of bills for the month of April in the amount of $8,021.01 by General Fund Checks No. 3901 -3952 and $18,623.16 by Water Fund Checks No. 866 -899. All Voted Aye. g2zL2 I /ZZ2,/� _ Alta Fletcher, City Secretary City of Nederland, Texas Discussion items were as follows: 1. Letter from Lloyd Bentsen read. 2. Letter from George K. Bernstein read. 3. Criminal Justice Council meeting, Vidor, 6:30 P.M., May 15, 1974. 4. Texas Municipal League meeting, Orange, 6 :30 P.M., May 16, 1974. 5. Mid - County Dispatchers, Lakeview Townhall, 7:00 P.M., May 17, 1974. ' 6. 7. Homer Patton has drainage problem. Mr. Hays, Orange and 15th St., raw sewage in ditch. 8. Traffic board needed in Corporation Court. 9. John Gregg, Avenue L, drainage problem. 10. Carroll Hollier, broken curbs. 11. Franklin and 19th St., culvert stopped up. 12. Culvert plugged at Detroit and 9th or 10th. 13. 211 12th Street, add garage apartment to condemnation list. 14. Shell needed for Babe Ruth Park. 15. Postpone discussion on school annexation. 16. Inform Bob Harmon that group has already bought in Beaumont. 17. Texas Water Quality Board letter. 18. Revenue Sharing Plan use report advertisement. 19. Implementation of Occupational Safety and Health Act of 1970. 20. Progress report on private sewer line extension along 30th St. in Armstrong. 21. Report prepared by Haskins and Sells. 22. Review of propositions presented during the Mid County Municipal League meeting. 23. Reappointments. 24. Street program. 25. Plastic garbage bags. The meeting was adjourned at 11:00 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: g2zL2 I /ZZ2,/� _ Alta Fletcher, City Secretary City of Nederland, Texas 12 1. / 'Ili REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' May 21, 1974 The meeting was called to order at 6 :30 P. M. by Mayor Homer E. Nagel. Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. C. N. LeBlanc was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to reappoint members of the Zoning Board of Appeals for a four year term expiring June 1, 1978, as follows: Messrs. Cecil Fleming, E. W. Timmons, Jr., James Luther, R. S. Buffington, J. C. Woodson. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to award bids as received during the meeting of May 14, 1974, as follows: A. 2 ea. iton pickup, less trade, low bid, Philpott Ford, Ford style side, standard pickup, $4,787.80. B. 2 ea. police cars, less tradeins, low bid, Gordon Chevrolet, Bel Air, $6,700.00. C. 2 ea. 2 ton dump truck with bed, low bid, Philpott Ford, Ford F 611, $11,692.80. ' D. 1 ea. 1 ton truck chassis and service body, less trade, low bid; Raiford Motors, $3,910.00. E. 1 — Industrial tractor equipped with backhoe and front end loader, second low bid, however lowest meeting specifications, Oil City Tractor, Ford model 4500, less two tradeins for net price of $9,750.00, and authorize roll bar recommended by O.S.H.A. for $200.00, furnish and install. F. Waterworks Supplies, East Tex Service, $18,359.78. G. Chemicals, Liquid Chlorine from Thompson — Hayward ® 163.00 ton; Liquid Alum Basis from Stauffer Chemical @ 45.25 ton; Liquid Caustic from J. W. Jones @ 5.50 cwt; and Hydrofluosilicic Acid from Thompson— Hayward ® 10.30 cwt. H. Tires, White Tire Supply, state contract prices. I. Concrete Drainage Pipe, NO BID. J. Street materials, table. K. Ready mix concrete, table. L. Street Signs, low bid, Lowen Supply Co., $1,768.25. ' M. Sewer pipe, table. All Voted Aye. 299 Minutes Continued, May 21, 1974 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action in order to allow time for further study in selection of a private carrier for Workmen's Compen- sation coverage in accordance with Article 8309 H as approved by the Texas Legislature of 1973 providing for coverage for cities of Nederland's size effective July 1, 1974. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize installation of a water and sewer tap for the National Little League park located on the Wesley Methodist Church property. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the Haskins and Sells analysis of the Southern Union Gas Company rate increase request and to schedule a Public Hearing to be held June 25, 1974, 6 :30 P. M. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table adoption of an Amendment to Ordinance No. 147, effective July 1, 1974, and to table action altering coverage by Business Men's Assurance Company of America. All Voted Aye. (Until later date A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve two applications for Criminal Justice Council Grants contingent upon our legal counsel verifying that there is no obligation for more than the remainder of the final year of Criminal Justice funding. All Voted Aye. Discussion items were as follows: 1. Condemnation procedures concerning garage apartment in the 200 Block of 12th Street. The meeting was adjourned at 9 :15 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 2. 3. Question of donation for Little League. Recount of Wards. 4. Lakeview participation in dispatching. 5. Report of 55 cars picked up. 6. $300,000.00 deposited for investment @ 10% interest. 7. Sabine River Authority, 6 %. 8. Considerations of actions by WCID No. 10 — proposal within ETJA. 9. Major items for consideration in the 1974 -75 Budget. 10: Garbage bag delivery expected between June 1 and June 10. 11. Order pins for everyone with 5 years or more seniority. 12. Don Watt, Heritage Festival. The meeting was adjourned at 9 :15 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas