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1974-1977I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 11, 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, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to reappoint the following officials as designated by the City Charter for a period of one (1) year from June 30, 1974: 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. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to reappoint members of the Plan Commission for a period of two years from June 30, 1974, as follows: Melvin L. Moss, R. J. Lawrence, Clifford 0. Williams, Robert Bodemuller, and R. J. Williford. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to reappoint Civil Defense officials in accordance with Ordinance 187 for a period of one year from June 30, 19749 as follows: Jerry McNeill, Director; and Vincent Grillo, Assistant Director. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the City Manager to work with Bill Harrison of Joiner Insurance (as a result of a drawing between McNeill Insurance and Joiner Insurance) for Workmen's Compensation 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. Nagel and seconded by Mr. Nugent to table action on adoption of an amendment to Ordinance 147, effective July 1, 1974, pertaining to Workmen's Compensation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize a decrease in Business Men's Assurance Company of America equivalent to that coverage which is obtained under Workmen's Compensation coverage and acceptance of continuance of "on the job* protection for Accidental Death or Dismemberment. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve, and authorize the Mayor to sign, documents relating to a Criminal Justice Council Grant to Nederland, Port Neches and Groves Police Departments and consolidation of certain functions as recommended by the Bernard Johnson and Associates Study: (a) Summarized program prepared by Keith Baker, South East Texas Regional Planning Commission; (b) Program Number 74 -B2; (c) Interlocal cooperation contract between the cities of Nederland, Port Neches and I Groves. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve preparation of an agreement between cities of Nederland, Port Neches and Groves for operation of an equipment pool to be initially made up of equipment leased from Jefferson County Precinct Two, James A. Smith, Jr., Commissioner. All Voted Aye. L Minutes Continued, June 11, 1974 A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment of bills for month of May in the amount of $9,843.96 by General Fund Checks No. 3976 -4015 and $12,542.98 by Water Fund Checks No. 908 938, a total of $22,386.94. All Voted Aye. The City Manager reviewed -work sheets and break downs of items proposed for the 1974 -1975 Budget. Discussion items were as follows: 1. Studylaf - Ward &. 2. Street patching. 3. Hiring of five new employees. 4. Annual meeting of police Officers, June 23 and 24. 5.- Garbage department personnel — pay 10 hrs. for holiday. 6. -Stop participation with homeowners for driveways. 7• Street program on agenda next - meeting. 8. Reciprocal agreement with.County for fire protection,— road construction. 9. Avenue L drainage problem, homeowners provide material, city provide labor and equipment. 10. Garbage bags, The meeting -was adjourned at 9:30P. M. H7. Nagel-, d»' -City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 e� REGULAR MEETING OF THE CITY COUNCIL CITY OF NEDERLAND June 25, 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. LeBlanc to approve Minutes of the meeting of June 11 as written. A Public Hearing was conducted for the purpose of hearing all protests and determining the disposition of a proposed rate increase request by Southern Union Gas Company. One unidentified person questioned the percentage of increase; otherwise, no opposition was made known. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to adopt the following Ordinance No. 283 establishing maximum rates to be charged for natural gas in Nederland, contingent upon a written statement from Mr. Hayes stating that the effective date of the rate increase will not be prior to acceptance by all seven cities concerned. All Voted Aye. ORDINANCE NO. 283 1 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 CONFLICTING 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 after study and consideration, 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: Per 1,000 cu. ft. RATE Net Gross .First 1 Mcf per Monthly Billing Period @ $2.171 $2.280 Next 3 Mcf per Monthly Billing Period @ 1.333 1.400 Next- 21 Mcf per Monthly Billing Period @ 1.278 1.342 Next 25 Mcf per Monthly Billing Period @ 1.138 1.195 Next 100 Mcf per Monthly Billing Period @ .931 .978 Excess over 150 Mcf per Monthly Billing Period @ .713 .748 0 Minimum Bill — $2.120 Net or $2.226 Gross per monthly billing period. 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 cost of gas to the Company of 41.07¢ per thousand cubic feet computed at a pressure base of 14.65 pounds per square inch absolute payable under the provision of the Compnay's gas supply agreement dated December 17, 1971, with its wholesale supplier, Pennzoil Pipeline Company, for gas purchased by the Company for distributi6n.iin. Jefferson County, Texas, to such residential and commercial customers, Whenever, because of the price adjustment provisions of said Gas Supply Agreement, the cost to the Company of such purchased gas for residential and commercial customers is more or less than 41.07¢ per thousand cubic feet, then, the rates stated above shall be increased or decreased, as the case may be, with appropriate correction for differences in pressure base, by (a) the amount of the difference between the cost per thousand cubic feet of gas payable at the time by the Company under the provisions of said Gas Supply Agreement and 41.07¢ 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 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 adjustmemt 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 cost of gas; provided, however, that no such adjustment shall be applied to any bill unless the Company shall previously have filed with this municipality a sworn statement setting forth the change in the Company's 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 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 basis 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 con- flict herewith are to the extent of such conflicts only expressly repealed. J 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 approxi- mately one (1) month, and the term "month" means a period of approximately thirty (30) days intervening between two consecutive meter reading dates; provided, if ser- vice is voluntarily discontinued by the consumer or is discontinued for nonpayment of bills between meter 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, ADOPTED, AND APPROVED this day of , A.D., , at a Meeting of the City Council of the City of Nederland, Texas. 1 ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary 1 MIMER F_ VALET, Homer E. Nagel, Mayor 6 Minutes Continued, June 25, 1974 Various propositions to reduce speeding along S -3rd Street were presented by Mrs. Bob Stone, 312 S -3rd Street, and other neighborhood residents. A recent automobile accident resulting in extensive damage to a house and the possibility of another accident in the , future resulting in bodily harm was the subject of concern. The City Council agreed to Stop S -3rd Street at Avenue B and to initiate additional police patrol in the area. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve extension of water service to the James Lewis residence on 29th Street outside city limits. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize attendance and expenses of one fireman to the annual Texas A & M Fire School during the week of July 20 and to authorize expenses and loss of wages for one volunteer fireman. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on an agreement with Robert Caldwell and Associates and Texas Department of Community Affairs for Phase Three of Nederland Comprehensive Plan. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve an Amendment to Ordinance No. 147 concerning employee benefits in coordination with Workmen's Compen- sation Insurance coverage, effective July 1. All Voted Aye. AN AMENDMENT TO ORDINANCE 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE V Section 5: When an employee is injured on the job, the City shall pay to the employee the difference between the amount the employee is entitled to under Workmen's Compen- sation Insurance coverage and the amount the employee would have made had the employee been working regular hours. However, the City contributions to the employee shall not extend beyond the period of sick leave that the employee is entitled to as set out in Section 3 above. This contribution is not predicated on negligence on the part of the City of Nederland. The City contribution to employee's insurance shall continue for the duration cf earned sick leave as set out in Section 3 above. At expiration of this period of sick leave, all payments to or for the employee shall cease. , An employee absent due to on- the -job injury shall remain on the employment roll of the City for a period of up to one (1) year from the date of expiration of paid 7 Minutes Continued, June 25, 1974 I benefits as outlined above. Employee's seniority and rights for increased benefits shall accrue so long as an employee is retained on the employment roll of the City. An employee injured "on the job" shall be examined by a physician within twenty -four (24) hours from time and date of injury. The effective date of the amendment shall be July 1, 1974. PASSED AND APPROVED BY THE CITY COUNCIL during a legally convened meeting this the 25th day of June, A.D., 1974. H. E. NAGEL ATTEST: Mayor, City of Nederland, Texas ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table indefinitely approval of a joint statement with other South County entities concerning extension of Federal subsidy for flood insurance in areas below 14' elevation. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to adopt the following Amendment to Ordinance No. 107 providing stop signs at several locations. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAF'FIC: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 34th Street at Boston Avenue STOP Avenue G at Hardy Avenue STOP South 36th Street at Avenue H STOP South 36th Street at Park STOP South 37th Street at Avenue H STOP South 37th Street at Park STOP South 3rd Street at Avenue B 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 8 Minutes Continued, June 25, 1974 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 25th day of June,_. A. D., 1974. H. E. NAGEL ATTEST: Mayor, City of Nederland, Texas ALTA FLETCHER City Secretary, City of Nederland, Texas Discussion items were as follows: 1. Ward population study. 2. Street patching. 3• Trash pickup needed at 10th and Atlanta. 4. Garbage bags should be in Friday or Saturday. 5. Letter read from Texas Department of Mental Health and Mental Retardation. 6. Letter read from SETRPC concerning Manpower Program. 7. Question of planning provision by SETRPC. 8. Letter read from Chas. R. Haile Associates concerning Waste Water Treatment Plant. 9. Jim Ramsey says that no area has been additionally designated to WD #10. 10. Repainting of highway sign at entrance to city. 11. Easement agreements ready concerning Avenue L drainage problem. 12. Trip to Houston, dozer repair. Mr. Nugent left the meeting at 9:30 P. M. 13• Night storage of dozer on Sun Oil Company property. 14. Comprehensive Planning Committee meeting, June 24, 1974. 15. Construction underway of French House. 16. Avenue D and S -5th, street needs oiling for dust control. 17. Park The meeting was adjourned at 9:45 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas fl [I 1 X1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 9, 1974 The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. R. D. Sawyer 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. LeBlanc and seconded by Mr. Gillespie to accept the Annual Budget as presented by the City Manager in accordance with the City Charter and adopt the following Resolution setting a Public Hearing on the Budget for 6 :30 P. M., August 13, 1974. 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 BE- GINNING OCTOBER 1, 1974, AND ENDING SEPTEMBER 30, 1975. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenue of all city department activities, and offices for the Fiscal Year beginning October 1, 1974, and ending September 30, 1975, 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, 1974, and ending September 30, 1975, is hereby accepted and a Public Hearing is hereby set for 6 :30 P. M., August 13, 1974, 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 9th day of July, A. D., 1974. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept a rate increase request as presented by Mr. George Raussh, Manager, Southwestern Bell Telephone Company. All Voted Aye. Mr. Randy McAlpine, Gulf States Utilities Company official, appeared to discuss any matters relating to Electric Utilities rates within Nederland and to explain recent use of the fuel escalation clause. Mr. Melvin Spittler, Chairman of Equalization Board, presented the report of the 1974 meeting - no appearances before the board. 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. 10 Minutes Continued, July 9, 1974 A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to adopt the following Amendment to Ordinance No. 107 authorizing STOP of Detroit Avenue at 23rd Street as ' recommended by Chief Neal and Mr. Will Lewis. 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 Detroit Avenue at 23rd 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. 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 9th day of July, A. D., 1974. H. E. NAGEL Mayor ATTEST: ALTA FLETCHER City Secretary a A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the street program as presented and indicated in brown on map consisting of 4.07 miles. All Voted Aye. A motion was made- by :Mr. Nugent and seconded by Mr.-Gillespie to approve payment of bills for month of June in the amount of $7,612.39 by General Fund Checks No. 4050 -4103 and $15,092.99 by Water Fund Checks No. 952 -978. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to _approve extension of drainage project along Kent Avenue to near 12th Street and crossing of Kent Avenue, estimated cost of $19500.00.- All Voted Aye. 1 11 Minutes Continued, July 9, 1974 A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to table action cancelling temporary asphalt walk project along 27th Street from Helena to Gary. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on Agree- ments for Drainage Easements along two lots in the 2900 Block of Avenue L. All 'Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize a Resolution I concerning participation by Environmental Protection Agency in Nederland's Wastewater Treatment Project, WPC -TEX -630. All Voted Aye. 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 approximate total cost of $700,000 (WPC- Tex -630); and WHEREAS, it is found that the City of Nederland, Texas, was unable to provide the total cost of such improvements; and WHEREAS, it was 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 NEDERLAND, TEXAS, that H. E. Nagel, Mayor of the City of Nederland be and is hereby authorized and directed to sign the necessary documents required to complete the project on behalf of the City of Nederland. Adopted this 9th day of July, 1974. H. E. NAGEL Mayor "W9PRIIV ALTA FLETCHER City Secretary A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize attendance and expenses of three men to the Texas Water Utilities Short School in Beaumont, July 31, 1974, to August 2, 1974. All Voted Aye. A motion was made by Mr. Nugent and seconded-by-Mr. Gillespie to adopt the following Amendment to Ordinance No. 154 amending Ward Boundaries within the City in accordance with the City Charter. All Voted Aye% AN AMENDMENT TO ORDINANCE NO. 154 AN AMENDMENT CHANGING THE BOUNDARY LINES OF WARDS WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND.. WHEREAS, the City Council of the'City of Nederland is desirous of changing the boundary lines of wards in order to equalize the population in each ward; "NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY_OF NEDERLAND: I� Hence forward the boundary lines of Ward No. 1 shall be comprised of all territory within the City Limits on the North Side of the K.C.S.R.R.. . iz Minutes Continued, July 9, 1974 Hence forward the boundary lines of Ward No. 2 shall be comprised of all territory beginning at a point on Nederland Avenue on the North side of K.C.S.R.R., thence North down the North side of K.C.S.R.R. to Canal Street, thence West down the South side of Canal Street to 27th Street, thence South along 27th Street to Nederland Avenue, thence East along Nederland Avenue to point of beginning. III. Hence forward the boundary lines of Ward No. 3 shall be comprised of all that territory beginning at a point on Nederland Avenue and North boundary line of K.C.S.R.R., thence South along said line of K.C.S.R.R. to Highway No. 365, thence in a Southwesterly direction along North side�of Highway No. 365 to Hill Terrace Drive, thence North along Hill Terrace Drive to the South side of Avenue H, thence in an Easterly direction down the South side of Avenue .H to S -27 Street, thence North along S -27th Street to Nederland Avenue, thence in an Easterly direction down the South side of Nederland Avenue to point of beginning. IV. Hence forward the boundary lines of Ward No. 4 shall be comprised of all that territory beginning at a point on Highway No. 365 on the South side of Hill Terrace Drive, thence in a Westerly direction along South side of Highway No. 365 to a point where Highway No. 365 intersects with Highway No. 69, thence along the East side of Highway 69 to a point where Canal Street intersects with Highway 69, thence North along the South side of Canal Street to 27th Street, thence along 27th Street, the Westerly ' boundary of Ward Two, to Nederland Avenue, thence along S -27th Street, the Westerly boundary of Ward Three, to Avenue H, thence in a Westerly direction along Avenue H to Hill Terrace Drive, thence South along Hill Terrace Drive to point of beginning. If any section, portion, subdivision, clause, or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the vali- dity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be invalid. PASSED by the affirmative vote of 4 members of the City Council of the City of Nederland, this the 9th day of July, A. D., 1974. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve recommendation of the Planning Committee pertaining to rezoning from Semi- Residential and Parking District to Commercial of Lots 1 thru 8, Block 1, Hillcrest II Addition; to schedule a Public Hearing for 6 :30 P. M., August 13; and to ask the Committee to make their study in other areas of rezoning as they deem necessary. All Voted Aye. ' A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to accept recommendation of the Citizen's Advisory Committee concerning approval of Phase 1 - Book 2 of Robert Cald- well's Comprehensive Plan. All Voted Aye. 1 1 13 Minutes Continued, July 9, 1974 A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize relocation of certain street lights along Detroit Avenue between 18th and 19th Streets in accordance with recommendation of the Director of Public Works. All Voted Aye. Discussion items were as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. How is "City Manager of Texas" chosen. Helena catch basins full of leaves on Southeast side. Stop sign at S -14th and Avenue L needs straightening. Stop sign at S -14th and Avenue L being run frequently. Garbage men throwing cans and scattering garbage. Delivery of garbage bags. B & B large trucks using 21st Street as truck route. Letter of gratitude from Julian Coghill, Lakeview. Mid - County Municipal League dinner meeting, Schooner, July 10, 1974. Letter to Chief Neal from R. E. Culbertson read. SETRPC meeting at Nederland City Hall next two Wednesday nights, Ballgame at Astrodome San Francisco) July 27, 7:30 P.M. Vandalism at Service Center and Warehouse. Gate into Sun Oil Co. property for dozer storage, $268.00. Bulldozer has been returned. High water usage report - 2,700,000 gal. - one day. Two Zoning Board of Appeals requests approved. Building party announced, Saturday, July 20, Mr. L. Theriot. Resolution on Port Arthur income tax. Magnetic board for Municipal Court. The meeting was adjourned at 11:00 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas H. E. Nagel, Mayor City of Nederland, Texas 7 :00 P.M.; 6 :30 P.M. 14 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' July 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. Sam Gillespie and members absent were Mr. R. A. Nugent. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. Mr. Gene Hebert presented his report of the Summer Recreational Program and his recommendation for next year's program. He reported a very successful program. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment in the amount of $488.93 to Chas. R. Haile Associates, Inc. for engineering on Waste Water Treat- ment Plant, WPC— Tex -630. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action authorizing agreements for drainage easements along two lots in the 2900 Block of Avenue L. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize a preliminary agreement with Robert Caldwell and Associates and Texas Department of Community Affairs for Phase Three of Nederland Comprehensive Plan and to authorize Chas. R. Haile Associates to prepare an application on Federal. Grant to provide sewer service to an area adjacent to and North of Nederland. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to adopt an ordinance providing for hotel /motel tax as follows and to designate Nederland Chamber of Commerce as contractor in accordance with Section 1B4C_ and set the percentage of total income distribution as 25% City and 75% Contractor. All Voted Aye. ORDINANCE NO. 284 AN ORDINANCE PROVIDING FOR A "HOTEL/MOTEL OCCUPANCY TAX" AND ENTITLED "HOTEL OCCUPANCY TAX" CONTAINING THEREIN DEFINITIONS; LEVYING A TAX EQUAL TO TWO PERCENT (2 %) OF THE CONSIDERATION OF THE COST OF OCCUPANCY OF ANY ROOM OR SPACE IN ANY HOTEL/MOTEL WITH CERTAIN EXCEPTIONS; PROVIDING FOR DISPOSITION OF REVENUE, COLLECTION, REPORTS, RULES AND REGULATIONS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; AND PROVIDING AN EF- FECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: Definition of Terms (A) The following words, terms and phrases are for the purpose of this Chapter, except where the context clearly indicates a different meaning, defined as follows: (1) "Hotel" shall mean any building or buildings, trailer, railroad Pullman car not being utilized for the transportation of travelers, or other facility in which the public may, for a consideration, obtain sleeping accommodations. The term shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, trailer houses, trailer motels, railroad pullman cars parked on a siding or other area and used for sleeping i 1) Minutes Continued, July 23, 1974 accommodations not involving the transportation of travelers, dormitory space where bed ' space is rented to individuals or groups, apartments not occupied by "permanent residents,, as that term is hereinafter defined, and all other facilities where rooms or sleeping facilities or spaces are furnished for a consideration, but "hotel" shall not be defined so as to include hospitals, sanitariums or nursing homes. (2) "Consideration" shall mean the cost of the room, sleeping space, bed or dormitory space or other facilities in such hotel /motel and shall not include the cost of any food served or personal services rendered to the occupant not related to cleaning and readying such room or space for occupancy, and shall not include any tax assessed for occupancy thereof by and other governmental agency. (3) "Occupancy" shall mean the use or possession, or the right to use or possess any room, space or sleeping facility in a hotel for any purpose. (4) "Occupant" shall mean anyone, who, for a consideration, uses, possess, or has a right to use or possess any room or rooms, or sleeping space or facility in a hotel under any lease, concession, permit, right of access, license, contract or agreement. (5) "Person" shall mean any individual, company, corporation or association owning, operating, managing or controlling any hotel. (6) "Tax assessor — collector" shall mean the tax assessor — collector of the City of Nederland. (7) "Quarterly period" shall mean the regular calendar quarters of the year, the first quarter being composes of the months of January, February and March; the second quarter being the months of April, May and June; the third quarter being the months of July August and September; and the fourth quarter being the months of October, November and December. (8) "Permanent resident" shall mean any occupant who has or shall have the right to occupancy of any room or rooms or sleeping space or facility in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year. (B) Levy of tax; rate; exception. (1) There is hereby levied a tax upon the occupant of any room or space furnished by any hotel where such cost of occupancy is at the rate of Two Dollars ($2.00) or more per day, such tax to be equal to two percent (2 %) of the consideration paid by the occupant of such room, space or facility to such hotel, exclusive of other occupancy taxes im- posed by other governmental agencies, effective as of October 1, 1974. (2) No tax shall be imposed hereunder upon a permanent resident. (3) No tax shall be imposed hereunder upon an occupant of any room or space rented from a corporation or association organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (4) All revenue derived from the occupancy tax imposed in paragraph (B)(1) hereof will ' only be used for the following: (a) The acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation and maintenance of convention center facilities, including but not limited to, civic center convention buildings, auditoriums, coliseums and parking areas I ( Minutes Continued, July 23, 1974 or facilities for the parking or storage of motor vehicles or other conveyances lo- cated at or in the immediate vicinity of convention center facilities. , (b) The furnishing of facilities, personnel and materials for the registration of con- vention delegates or registrants. (c) Advertising of general promotional and tourist advertising of the City of Nederland and its vicinity, and conducting a solicitation and operating program to attract con- ventions and visitors either by the City of Nederland or through contracts with persons or organizations selected by the City of Nederland. (d) A portion of the occupancy tax authorized hereby may be pledged to the payment of bonds which the City may issue pursuant to the provisions of Vernon's Ann. Civ. St. Art. 1269j -4.1, if such bonds are issued solely for one or more of the purposes set forth herein, provided that at least one -half of one percent of the occupancy tax collected hereunder shall be reserved for the purpose of advertising and conducting solicitation programs to acquaint potential users with public meeting and convention facilities, and for promotion of tourism and advertising of the City and its vicinity either by the City or through contract with persons or organizations selected by the City. (C) Collection. Every person owning, operating, managing or controlling any hotel shall collect the tax imposed in sub - section (B) hereof for the City of Nederland. (D) Reports. On the last day of the month following each quarterly period, every person required in ' sub- section (C) hereof to collect -the tax imposed herein shall file a report with the tax assessor- collector showing the consideration paid for all room occupancies in the preceding quarter, the amount of the tax collection on such occupancies and any other information as the tax assessor - collector may reasonably require. Such person shall pay the amount of tax collected from occupants during the period of the report at the time of filing the report. (E) Rules and regulations. The tax assessor - collector shall have the power to make such rules and regulations as are necessary to effectively collect the tax levied herein, and shall upon reasonable notice have access to books and records necessary to enable him to determine the correct- ness of any report filed as required by this Chapter. (F) Penalty. If any person shall fail to collect the tax imposed herein, or shall fail to pay to the tax assessor - collector as imposed herein when said report for payment is due, or shall file a false report, then such person shall be deemed guilty of a misdeameanor and, upon conviction, be punished by a fine not to exceed Two Hundred Dollars ($200.00. In ad- dition, such person who fails to remit the tax imposed by this Chapter within the time required shall forfeit five percent (5 %) of the amount due as a penalty, and after the first thirty (30) days shall forfeit an additional five percent (5 %) of such tax. Pro- vided, however, that the penalty shall never be less than One Dollar ($1.00. Delinquent ' taxes shall draw interest at the rate of six percent (6 %) per annum beginning sixty (60) days from the date due on the tax imposed by this Chapter. SECTION 2: This Ordinance shall be published by publishing the caption thereof, three consecutive times in the Midcounty Chronicle Review, the official newspaper of the City of Nederland. 1 �I 1 Minutes Continued, July 23, 1974 SECTION 3: This Ordinance shall be effective October 1, 1974. d k PASSED, APPROVED and ADOPTED by the City Council of the City of Nederland at a regular meeting held on the 23rd day of July, 1974. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas The foregoing Ordinance, including all the provisions thereof, is hereby approved as to form and legality. W. E. SANDERSON City Attorney, City of Nederland, Texas Discussion items were as follows: 1. Award of $803.75 quotation for construction of partition above offices at Warehouse. 2. Award of quotation for concrete curb and gutter, construction of catch basins, 28th St 3. Water leak on S -16th Street at Avenue B. 4. Junk cars in ditch on S -29th Street. 5. Condemnation of old garage on S -15th Street at Nederland Avenue. 6. Condemnation of old tin barn, 700 Block 16th Street. 7. Dedication of 27th Street in 1897. 8. 15" tile on Kent Avenue. 9. Work session meeting with Jim Smith to discuss agreement. 10. Notice of lease termination with Boston Avenue Church on the Opportunity Center. 11. Southwestern Bell Telephone rate increase. 12. Dozer repair bill, rental cost of about $4,000.00, gate installation, parking at Sun. 13. Baseball game, Saturday, 7 :30 P. M. 14. Number of people working in Port Arthur — Beaumont from Nederland. 15. Increase of fees and penalties of Dog Ordinance. The meeting was adjourned at 8:45 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas z REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 13, 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. Nagel and seconded by Mr. Nugent to appoint Sandra Prestridge as Acting City Secretary in the absence of Mrs. Alta Fletcher who is on vacation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr Gillespie to approve the Minutes of the previous meeting of July 23, as written. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to accept the bid from Pak -Rite Plastic Corporation for garbage bags. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr Gillespie to adopt the following Ordinance No. 155 revising rates for commercial garbage container rental and pro- viding for customer payment for plastic garbage bags. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 155 AN AMENDMENT TO ORDINANCE NO. 155 PROVIDING FOR RULES, RATES AND REGULATIONS FOR THE INSTALLATION OF GARBAGE CONTAINERS, AND SETTING SERVICE RATES FOR GARBAGE COLLECTION. WHEREAS, a revision should be made in the rules, rates, and regulations of garbage service provided by the City of Nederland, Texas within the City Limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I. A. Request for Containers shall be initiated by Commercial Customers who will agree to pay a Monthly Fee in addition to Present Time Cost Fee System, as follows: 3 Cubic -Yard Containers (Each) $10.00/Monthly 6 Cubic -Yard Containers (Each) $15.00/Monthly This fee shall be prorated for two (2) or more customers using the same container. B. The City will purchase and maintain Containers and retain ownership and replace the Container whenever needed. C. The Customer will provide a suitable place for the Container to be located and prohibit parking so as to permit access to the Container. D. The City will make a Time Study within three (3) months from the date of the installation and will adjust the Customer's Rates thereafter in accordance with the results of this study. E. The Customer shall store or otherwise dispose of his present garbage cans. F. Any injuries sustained to the Customer or his employees by using the Containers will be the responsibility of the Customer. I 1 1 Minutes continued - August 13, 1974 II. 19 A. 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: GARBAGE RATES III. A. 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. B. This Ordinance shall become effective as of the 1st day of October, A.D. 1974. PASSED AND APPROVED by the City Council, City of Nederland, Texas at a Regular Meeting, this the 13th day of August, A.D., 1974. 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 AND LEGALITY: SJW. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to adopt Ordinance No. 285 and to approve the Budget with the following change: Account Number 700 A -3, Inside City Outside City Residential (per month) $ 2.75 $ 4.50 A - Commercial (per month) 3.25 5.50 B - Commercial (per month) 3.75 6.50 C - Commercial (per month) 6.00 11.00 D - Commercial (per month) 8.50 16.00 E - Commercial (per month) 12.50 24.00 F - Commercial (per month ) 16.50 32.00 G - Commercial (per month) 21.50 42.00 H - Commercial (per month) 26.50 52.00 I - Commercial (per month) 36.50 72.00 J - Commercial (per month) 46.50 92.00 III. A. 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. B. This Ordinance shall become effective as of the 1st day of October, A.D. 1974. PASSED AND APPROVED by the City Council, City of Nederland, Texas at a Regular Meeting, this the 13th day of August, A.D., 1974. 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 AND LEGALITY: SJW. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to adopt Ordinance No. 285 and to approve the Budget with the following change: Account Number 700 A -3, 20 Minutes, continued - August 13, 1974 Labor Operation, be changed from "B" Labor to "A" Labor in accordance with Article V, Section 3 of Ordinance No. 147. All Voted Aye. , ORDINANCE N0. 285 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTER- EST AND SINKING FUNDS FOR THE YEAR 1974, 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: 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 Four (1974) 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 purposes herein set forth. A. For the maintenance and support of General Government (General Fund) 55.39% of each One Dollar ($1.00) levied on the 1974 Tax Roll. B. For the purpose of paying interest and principal on Seventy Thousand ($70,000.00) Dollar Water Works Tax Bonds, Series 1956, .92% of each One ($1.00) Dollar levied on the 1974 Tax Roll. C. For the purpose of paying interest and principal on Sixty -Five Thousand Five Hundred ($65,500.00) Dollar Fire Station Bonds, Series 1957, 1.04% of each One ($1.00) Dollar levied on the 1974 Tax Roll. D. For the purpose of paying interest and principal on the Seven Hundred Seventy -Five Thousand ($775,000.00) Dollar Water and Sewer Improvement Bonds, Series 1959, 8.53% of each One ($1.00) Dollar levied on the 1974 Tax Roll. E. For the purpose of paying interest and principal on Three Hundred Twenty - Five Thousand ($325,000.00) Dollar Water and Sewer Improvement Bonds, Series 1960, 2.93% of each One ($1.00) Dollar levied on the 1974 Tax Roll. G. For the purpose of paying interest and principal on the Twenty Thousand ($20,000.00) Dollar Fire Station Bonds, Series 1962, .204, of each One ($1.00) Dollar levied on the 1974 Tax Roll. F. For the purpose of paying interest and principal on Two Hundred Twenty - Five Thousand ($225,000.00) Dollar Water and Sewer Improvement Bonds, I Series 1961, 2.180 of each One ($1.00) Dollar levied on the 1974 Tax Roll. H. For the purpose of paying interest and principal on the Five Hundred Thousand ($500,000.00) Dollar Street Improvement Bonds, Series 1962, 21 Minutes, continued - August 13, 1974 J. For the purpose of paying interest and principal on the One Million Eighty Thousand ($1,080,000.00) Dollar Street Improvement Bonds, Series 1967, 9.17% of each One ($1.00) Dollar levied on the 1974 Tax Roll. K. For the purpose of paying interest and principal on the Four Hundred Fifty Thousand ($450,000.00) Dollar Street Improvement Bonds, Series 1969, 7.01% of each One Dollar ($1.00) levied on the 1974 Tax Roll L. For the purpose of paying interest and principal on the Three Hundred Fifty Thousand ($350,000.00) Dollar Sewer Improvement Bonds, Series 1970, 5.16% of each One ($1 00) Dollar levied on the 1974 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 1974. SECTION III That the ad valorem taxes herein levied for the year 1974 shall become due January 1, 1975, though payable on the first day of October, 1974, and may be paid up to and including the following January 31, 1975, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1975, and the follow- ing 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, 1975, eight (8% percent penalty. Such un- paid taxes shall bear interest rate of 6% per annum from February 1, 1975, the same being the next year succeeding the year 1974; and if paid on or after the 1st day of July, 1975, 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, 1975, 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 13th day of August, 1974. S /H. E. NAGEL, MAYOR H. E. Nagel, Mayor ATTEST: City of Nederland, Texas S /ALTA FLETCHER Alta Fletcher, City Secretary — r .r 4.53% of each One ($1.00) Dollar levied on the 1974 Tax Roll. I. For the purpose of paying interest and principal on the Three Hundred Thousand ($300,000.00) Dollar Street Improvement Bonds, Series 1963, 2.94% of each One ($1.00) Dollar levied on the 1974 Tax Roll. J. For the purpose of paying interest and principal on the One Million Eighty Thousand ($1,080,000.00) Dollar Street Improvement Bonds, Series 1967, 9.17% of each One ($1.00) Dollar levied on the 1974 Tax Roll. K. For the purpose of paying interest and principal on the Four Hundred Fifty Thousand ($450,000.00) Dollar Street Improvement Bonds, Series 1969, 7.01% of each One Dollar ($1.00) levied on the 1974 Tax Roll L. For the purpose of paying interest and principal on the Three Hundred Fifty Thousand ($350,000.00) Dollar Sewer Improvement Bonds, Series 1970, 5.16% of each One ($1 00) Dollar levied on the 1974 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 1974. SECTION III That the ad valorem taxes herein levied for the year 1974 shall become due January 1, 1975, though payable on the first day of October, 1974, and may be paid up to and including the following January 31, 1975, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1975, and the follow- ing 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, 1975, eight (8% percent penalty. Such un- paid taxes shall bear interest rate of 6% per annum from February 1, 1975, the same being the next year succeeding the year 1974; and if paid on or after the 1st day of July, 1975, 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, 1975, 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 13th day of August, 1974. S /H. E. NAGEL, MAYOR H. E. Nagel, Mayor ATTEST: City of Nederland, Texas S /ALTA FLETCHER Alta Fletcher, City Secretary — r .r 22 Minutes, continued - August 13, 1974 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. Nugent to adopt the Amendment to Ordinance No. 146 which provides for changes in rezoning from "Semi- Residential and Parking District" to Commercial an area bounded by Hardy Avenue to Main C Canal and from South 27th Street to Main C Canal crossing of Hardy Avenue. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN ZONING DESIGNATIONS, PROVIDING ZONING MAP DESIGNATIONS, AND PROVIDING AN EFFECTIVE 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 Commer- cial of that property described as Lots 1 through Lot 8, of Block 1, Hillcrest -II Addition. , SECTION 17 WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication as required by law. PASSED, ADOPTED AND APPROVED, this 13th day of August, 1974. S/H. E. NAGEL H. E. Nagel, Mayor ATTEST: City of Nederland, Texas 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. Sawyer and seconded by Mr. Gillespie to adopt Amendment to 2103 Minutes, continued - August 13, 1974 Ordinance No. 137 providing for a revised rate schedule to conform with Southern Building Code for permit fees. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 137 AN AMENDMENT TO ORDINANCE NO. 137, THE SOUTHERN STANDARD BUILDING CODE OF THE CITY OF NEDERLAND: AN AMENDMENT ADOPTING THE 1973 EDITION OF SOUTHERN STANDARD BUILDING CODE AND ITS 1974 AMENDMENTS; AND SCHEDULE OF PERMIT FEE RATE; DELETE PRESENT CITY PERMIT FEE RATE. This Amendment is hereby declared to be remedial, and shall be construed to secure the beneficial interest and purposes, thereof -- which are public safety, health and general welfare -- through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incidental to construction, alteration, repair, removal, demolition, use and occupancy of buildings and structures or premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: That Ordinance No. 137, Section 1, Paragraph 1, shall be amended to read: That we, the City Council of the City of Nederland, do hereby, by this Ordinance, adopt in full, the 1973 Edition of the Southern Standard Building Code and its 1974 Revisions as the Building Code of the City of Nederland. ' That Section 1, Paragraph 1, Revision No. 2 of Ordinance No. 137 be deleted and Section 107.4 be substituted as follows: 107.4 - SCHEDULE OF PERMIT FEES On all building, structures or alterations requiring a building permit, as set forth in Section 105, a fee for each building permit shall be paid as required at the time of filing application in accordance with the schedule as established by the authority having jurisdiction. Ap- pendix M shall establish fee schedule. PASSED, ADOPTED AND APPROVED, this 13th day of August, A.D., 1974. ATTEST: S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas S /ALTA FLETCHER Alta Fletcher, City Secretary APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas � Ah a& 2 4 Minutes continued - August 13, 1974 A motion was made by Mr. Nagel and seconded by Mr Gillespie to call a Public Hearing for 6 :30 P.M., September 10, to consider rate increase requested by I Cable Television. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize adver- tizement for bids to be received September 10, 1974 to cut /clean seventeen (17) parcels of land in accordance with Ordinance No. 78. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of bills for month of July in the amount of $14,923.07 by General Fund Checks Nos. 4154 through 4209 and $12,293.85 by Water Fund Checks 0994 through 1021 for a total of $27,216 92. Discussion items were as follows: Repairs of railroad ties at Helena crossing. Step I Grant presented by Dave Perrell Scheduling yearly festival for March again instead for July. Full -time Dog Catcher. The meeting was adjourned at 11:10 P.M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Sandra Prestridge, Acting y Secretary City of Nederland, Texas 1 1 I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NED-2 LAND August 27, 1974 The meeting ,,7as called to order at 6 :30 P.-. by `ayor H. E. Nagel, 'lembers present were Mr. R. D. Sawyer, Mr, C. N. LeBlanc, Air. H. E. Nagel, and idr. 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 meeting of August 13 as written. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize the to sign, on behalf of the City of Nederland, a lease agreement for temporary use as a Retired Senior Citizen facility of tha Opportunity Center building located at 920 Boston Avenue. All Voted Aye. RESOLUTION AND AGREETB;NT A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize the City Manager to execute documents under the Comprehensive Employment and Training Act Program for two "B" laborers, $17,400.00. All Voted Aye. AA RESOLUTION OLUTION WHEREAS, the City of Nederland is the owner of-the-Opportunity Center build- ing and premised thereat, located at 920 Boston Avenue, Nederland, Texas; and WHEREAS, the Retired Senior Volunteer Program (Grantee - South last Texas be used jaslanRetiredm Senior �Citizen sFacility ,lthelcityhisbdesirousaof leasing to same; and g WHEREAS, the City of Nederland has agreed to enter into a lease agreement with -the Retired Senior Volunteer Program Planning Commission); (Grantee - South East Texas Regional 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 the Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission) for a period of ten (10) months for a lease in the amount of $480.00 per month, to be contributed by City of Nederland as an in kind contribution for services rendered beginning on the lst day of September, 1974, and,the City Se- cretary is authorized to attest to same and affix the seal of the City of Neder- land to said lease. PASSED by the City Council this 19 .day of s CITY OF NEDERLAND ATTEST: - Mayor- -City Secretary - A" i L C) THE STATE OF TEXAS k COUNTY OF JEFFERSON § t Oil THIS THE 27th day of August, 1974, the City of Nederland, Jefferson County, Texas by and through its duly elected officers, hereinafter referred to as a Lessor, have entered into the following Contract and Agreement with the Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission). hereinafter referred to as Lessee, to -wit: The premises to be leased is the Opportunity Center building and fenced premises located at 920 Boston Avenue, Nederland, Texas. The term of the lease shall be for ten (10) months, beginning on the 1st day of September, 1974. For and in consideration of th?s lease, Lessee shall pay to Lessor $480.00 per month, to be contributed by the Cite of Nederland as in kind contribution for ser- vices rendered; The Opportunity Center building and fenced premises is to be leased to the Lessee, to be used as a Retired Senior Citizen Facility; primarily as necessity and convenience to this segment of our citizenry. There shall`be no alcoholic beverages sold or consumed on the premises. The Lessee must keep a public liability insurance policy in effect for a minimum of $ 100,000.00/$300,000.00 /$50,000,00 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 bermailed to the City of Nederland, P. 0. Box 967, Nederland, Texas 77627, and Retired Senior Volunteer Program, P. 0. Drawer 1387, Nederland, Texas 77627. The Lessee here -in shall. not make any alterations to the leased premises with- out permission from the Lessor. The Lessor shall furnish the electricity, natural gas, water, sewer, and gar- bage estimated to amount to $1,266.60 during the term of this lease; mowing estimated to be $600.00; and bringing building up to standard at $800.00 one time. 7ITNESS OUR HANDS this the day of , 19 ATTiiST: -City Secretary- CITY OF NEDERLAND - Mayor- Lynette Brown, Program Director Retired Senior Volunteer Program ATTEST: Chairperson, R.S.V.P. Advisory Council THE STATE OF TEXAS I H. E. Tlagel• ersonally appeared JEFFER50P7 day P whose name is sub- , COLD rY OF on this erson the sa`"e Qned authority me to be the P e that he executed rr the under"- known to to m capacity stated. BEFC,c City of Nederland, sad acknowledged and in the ilayor of the foregoing instrument ressed T 19_ to the therein exp scribed ore and consideration day of�,� ---- -- '- --- fox the pure OF OFFICE this HAND --- AND SEAL rR ;IY and f public in or GIVE2: U D Notary Texas Jefferson Coun -, Ys THE STATn OF T ^`;A5 r 3rown, d Lynet.e FFF FSON ersonally appear, be the person COUNTY OF J this day P knoorn to me to to me that ned authority on program,' and rledged BEFORE ME the an' undersig Senior Volunteer acknherein expressed Retired the foregoing instrument progran Directoubscribed to and consideration the whose name Is the same for the purposes lam she executed stated, day o; --- "'r�- in the capacity OFFICE this IVEN MTDSR `Y HAND AND SEAL OF public in and for Notary Texas Jefferson County, RESOLvTION members of oint ded by ptr. Nugent n nnia Commission and er and sewn' ion Bicentennial per meeting Mr. SawY Revolut. of $15.00 made by rtee and American co+�Fensation Voted Aye• A motion was Co,hri. faith All Advisory secretary ittee. the Citizen Esther pankhurr. t-as o Festival Comm to approve 1975 Heritag- of same including the A RESOLUTION and Proper to apPlY necessary the amount of deems it Number J -04, In Of Nederland, Texas' Act Grant, REAS, the City ent and Training THAT IdHE Employm N,FD APPLICrr execute the for a Comprehensive BY THE ABOVE directed tt thereto which 17, 00, FORE, BE IT RE50LV 1D hereby and ursuan 400. ereby regulations P to endorse $17,400.00, RE City Ilancomp *Y `•with rules ondthe United States, and Texas. D. B• Henson' 1 laws the City of Nederlandof the documents and to n and meeting o- constitution in behalf o4aaay Of ened 19,__ �•• necessary with the rant when a 'legally in accordancea of the g ADOPT,D during the acceptanc- APPROVED AND d this► ---' AUTHORIZED, AP City of Nederlan OF 11EDERLArD City Council of CITY 41 (SEAL) ATTEST �cer, IY aecre a- a - Ninutes Continued - August 271 1974 LIST NAMES A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize ap;toi.ntment of Neushafer and Browning, Certified Public Accountants of Beaumont, to perform the annual audit for the 1973 -1974 fiscal year at an estimated cost of $2,500.00. All Voted Aye. A motion was made by :Ir. LeBlanc and seconded by Mr. Nugent to authorize the tiayor to execute the agreement with Texas Depart -lent of Community Affairs and Robert Td. Caldwell and Associates prov Wing for extension of Nederland's comprehensive urban plan, city's one -third amounting to $3,840.00. All Voted Aye. A motion was made by Air. Sawyer an-* seconded by tor. LeBlanc to approve a resolution removing property of Life Tabernacle Church from the tax roll in accordance with Section 8,09 of the City Charter, All Voted Aye, MEMBERS,OF THE CITIZEN'S ADVISORY COMMITTEE tiatt Furth, Chairman J. C. Woodson Leo D. Tucker R. J. [ +illiford, Co- Chairman Vincent Grillo Billy T. Dornbos Esther Pankhurst, Secretary 71elvin Spittler John Idorgan R. S. BuffingtonJerry McNeill J. W. Shaw Artbur,Davis John T. Lewis Homer Nagel .rs. Rugh Crane. Charles Lankford "ors. John Baucum Jim McDaniel Bobby Davis 0. R. Pace James Tewberry -rs. Ella i:illebr,_T Donald Moye James Byers t'% H. Hay George Hallmark Alta Fletcher Robert ::. Gray J. B. McKinney T.`.rs. Betty Meyers D. B. Henson Billy Neal Austin Sattler John. Bamber Mrs. E. G. Deese Jane Clotiaux AI. J• Cormier Nolan Adams L. B. Nicholson v ,irs. Helen Timmons C. C, Arsement, Jr. J. D. Chester Charles Use C. Q. Norton Cecil Fleming Don Tlatt S. T. Neel R. J. Mullins 'I. L. C. Lucke Stephen Graffagnino R. G. Kageler John Hart W. E. Sanderson `.rs. Dorothy Ryland Hugh Foreman J. iielvin Franks Bill Harrison Robert 3odemuller R. J. Lawrence Jack Nesworthy Carl B. Morris W. E. McDonald Dr, J. B. Morris Edwin Anderson James Luther Roy King R. S. St. Clair Lewis Sprague RESOLUTION A motion was made by "s. Le31anc and seconded by 'Ir. Nugent to aut;;orizs replacing the two sodium vapor street lights in the neighborhood park on the corner of Somth 5th a-.;d Avenue E with 7,5000 lumen r,ercury vapor street lights as requested by Mrs, James May of 412 Avenue E. A RESOLUTION WHEREAS, the Life Tabernacle of Nederland, Texas, purchased Lots Twelve (12) and Thirteen (13), Block Thirty -five (35), of Wagner Addition No. 2, to the City of Nederland, Jefferson County, Texas, by deed dated December 31, 19579 WHEREAS, this property was not taken off the City of Nederland's tax rolls as of that date; 1 2linutes Continued - August 27, 1974 WHEREAS, in order to comply with the State lava and the request of the Life Tabernacle 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; NO'.,', THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: "hat the City Tax Assessor and Collector is authorized to remove.from the tax records, the following described property, as of the 31st day of December, 1957, to -wit: Lots Twelve and Thirteen (12 and 13), of Wagner Addition, No. 2, to the City of Neder- land, Jefferson County, Texas; so long as the herein described property is used for church purposes. PASSED by the City Council this day of , 1974, ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Mayor r!I1 4 SO r --I- -I 1 1 31 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 27, 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, 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 meeting of August 13 as written. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize the Mayor, H. E. Nagel, to sign on behalf of the City of Nederland, a lease agreement for temporary use as a Retired Senior Citizen facility of the Opportunity Center building located at 920 Boston Avenue. 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 Retired Senior Volunteer Program Grantee - South East Texas Regional Planning Commission) is desirous of leasing the building and premises to be used as a Retired Senior Citizen Facility, the city is desirous of leasing same; and WHEREAS, the City of Nederland has agreed to enter into a lease agreement with the Retired Senior Volunteer Program Grantee - South East Texas Regional Planning Commission); 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 the Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission) for a period of ten (10) months for a lease in the amount of $480.00 per month, to be contri- buted by City of Nederland as an in kind contribution for services rendered beginning on the 1st day of September, 1974, and the City Secretary is authorized to attest to same and affix the seal of the City of Nederland to said lease. PASSED by the City Council this 27th day of August, 1974. ATTEST: ALTA FLETCHER ` City Secretary THE STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND HOMER E. NAGEL Mayor ON THIS THE 27th day of August, 1974, the City of Nederland, Jefferson County, Texas by and through its duly elected officers, hereinafter referred to as a Lessor, have entered into the following Contract and Agreement with the Retired Senior Volunteer Program Grantee South East Texas Regional Planning Commission,) 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 ten (10) months, beginning on the 1st day of September, 1974. For and in consideration of this lease, Lessee shall pay to Lessor $480.00 per month, to be contributed by City of Nederland as in kind contribution for services rendered; i r AL 32 Ninutes Continued - August 27, 1974 The Opportunity Center building and fenced premises is to be leased to the Lessee, used as a Retired Senior Citizen Facility; primarily as necessity and convenience to thi segment of our citizenry. There shall be no alcoholic beverages sold or consumed on the premises. The Lessee must keep a public liability insurance policy in effect for a minimum of $ 100 ,000.00/$300,000.00 /$50,000.00 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 Agree- ment 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 776279 and Retired Senior Volunteer Program, P. 0. Drawer 1387, Nederland, Texas 77627. The Lessee here -in shall not make any alterations to the leased premises without permission from the Lessor. The Lessor shall furnish the electricity, natural gas, water, sew-_r and garbage estimated to amount to $1,266.60 during the term of this lease; mowing estimated to be $600.00; and bringing building up to standard at $800.00 one time. WITNESS OUR HANDS this the 27 day of August , 1974 . ATTEST: CITY OF NEDERLAND .LTA FLETCHER HMIER E. NAGEL -City Secretary- -Mayor - RESOLUTION AND AGREEMENT A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize the City Manager to execute documents under the Comprehensive Employment and Trai;P.Tng Program for two "B" laborers, $17,400.00. All Voted Aye. A RESOLUTION WHEREAS, the City of Nederland, Texas deems it necessary and proper to apply for a Comprehensive Employment and Training Act Grant, Number J -04, in the amount of $17,400.00; P10i.J, THEREFORE, BE IT RESOLVED BY THE ABOVE NAMED APPLICANT THAT D. B. Henson, City Manager, is hereby authorized and directed to execute the necessary documents and to comply with rules and regulations pursuant thereto which are in accordance with the constitution and lays of the United States, and to endorse the acceptance of the grant when made in behalf of the City of Nederland, Texas. AUTHORIZED, APPROVED AND ADOPTED during a lsgally convened meeting of the City "ouncil of the City of'Nederland this 27 day of August , 19 74. ATTEST: ALTA FLETCHER- Alta Fletcher, City Secretary CITY OF NEDERLAND HOMER E. NAGEL Homer E. Nagel, tiayor A motion was made by Mr. Sawyer and seconded by Mr. Nugent to reappoint mem'�ers of the Citizen Advisory Committee and American Revolution Bicentennial Commission and to approve Esther Pankhurst as secretary with compensation of 515.00 per meeting of same including the 1975 Heritage Festival Committee. All Voted Aye. tc be 1 1 11 33 Minutes Continued - August 27, 1974 MEMBERS OF THE CITIZEN'S ADVISORY COMMITTEE Marcia Rienstra Matt Furth, Chairman J. C. Woodson Leo D. Tucker R. J. Williford, Co- Chairman Vincent Grillo Billy W. Doarnbos Esther Pankhurst, Secretary Melvin Snittler John Morgan R. S. Buffington J. 1 ". Shaw Arthur Davis Jerry McNeill Homer Nagel Mrs. Ruth Crane John T. Lewis Mrs. John Baucum Jim McDaniel Charles Lankford 0. R. Pace James Newberry Bobby Davis Donald Moye James Byers Mrs. Ella Killebrew George Hallmark Alta Fletcher 14. H. Hay J. B. McKinney Mrs. Betty Meyers Robert E. Gray Billy Neal Austin Sattler D. B. Henson Mrs. E. G. Deese Jane Clotiaux John Bamber Nolan Adams L. B. Nicholson M. J. Cormier Co C. Arsement, Jr. J. D. Chester Mrs, Helen Timmons C. Q. Norton Cecil Fleming Charles Use S. T. Neel R. J. Mullins Don Hatt Stephen Graffagnino R. G. Kagelex M.L.C. Lucke W. E. Sanderson Mrs. Dorothy Ryland John Hart J. Melvin Franks Bill Harrison 1ugh Foreman R. J. Lawrence Jack Nesworthy Robert Bodemuller W. E. McDonald Dr. J. B. Morris Carl B. Morris James Luther Roy King Edwin Anderson R. S. St. Clair Lewis Sprague NEDERLAND BICENTENNIAL COMMITTEE A motion was made by Fir. LeBlanc and seconded by Mr. Nugent to authorize the Mayor to execute the agreement with Texas Department of Community Affairs and Robert 'd. Caldwell and Associates providing for extension of Nederland's comprehensive urban plan, city's one -third amounting to $4,267.00. _All Voted Aye. A motion was made by Mr. Sawyer and seconded by Fir. LeBlanc to approve a resolution removing property of Life Tabernacle Church from the tax roll in accordance with Section 8.09 of the City Charter. All Voted Aye. A RESOLUTION 'WHEREAS, the Life Tabernacle of Nederland, Texas purchased Lots Twelve (12) and Thirteen (13), Block Thirt}. -five (35), of Wagner Addition No. 2, to the City of.Ned- erland, Jefferson Countyq Texas, by deed dated December 31, 1957, WHEREAS, this property was not taken off the City of Nederland's tax rolls as of that date; Don Watt, Chairman Marcia Rienstra Dorothy Greene Betty Dixon, Co- Chairman Carol Perkins Billy [1. Doornbos -J. W. Shaw, Co- Chairman Wes Sheffield Jackie Hiller Esther Pankhurst, Secretary R. A. Nugent Robert Davis Jerry McNeill C. Pi. LeBlanc L. C. Schneider Pat Riley Helen Timmons Barbara Walters John Morgan Dan Marcontel Loyce Coleman A motion was made by Mr. LeBlanc and se"nde& by Fir. Nagel to authorize appointment of Neushafer and Browning, Certified Public Accountants of Beaumont, to perform the annual audit for the 1973 -1974 fiscal year at an estimated cost of $2,500.00. All Voted Aye. A motion was made by Fir. LeBlanc and seconded by Mr. Nugent to authorize the Mayor to execute the agreement with Texas Department of Community Affairs and Robert 'd. Caldwell and Associates providing for extension of Nederland's comprehensive urban plan, city's one -third amounting to $4,267.00. _All Voted Aye. A motion was made by Mr. Sawyer and seconded by Fir. LeBlanc to approve a resolution removing property of Life Tabernacle Church from the tax roll in accordance with Section 8.09 of the City Charter. All Voted Aye. A RESOLUTION 'WHEREAS, the Life Tabernacle of Nederland, Texas purchased Lots Twelve (12) and Thirteen (13), Block Thirt}. -five (35), of Wagner Addition No. 2, to the City of.Ned- erland, Jefferson Countyq Texas, by deed dated December 31, 1957, WHEREAS, this property was not taken off the City of Nederland's tax rolls as of that date; 34 Minutes Continued - August 27, 1974 idHEREAS, in order to comply with the State law and the request of the Life Taber- nacle 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, THEREF'!.E, 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 31st day of December, 1957, to -wit: Lots Twelve and Thirteen (12 and 13), of ;v ner Addition, No. 2, to the City of Neder- land, Jefferson County, Texas; so long as the herein described property is used for church purposes. PASSED by the City Council this 27 day of August , 19 74 . ATTEST: ALTA FLETCHER City Secretary APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON City Attorney HOMER E. NAGEL Mayor A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize re- placing the two sodium vapor street lights in the neighborhood park on the corner of South 5th and Avenue E with 7,500 lumen vapor street lights as I requested by Mrs. James of 412 Avenue E. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize ad- vertisement for bids to be received 6 :30 P.M. September 10 for labor and equip- ment rental to perform this years street program. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize the Mayor, H. E. Nagel, to execute the Resolutions and Documents apply- ing for a step 1 grant numbered IIPC- Tex -TO81 through the Texas Water Quality Board from the Environmental Protection Agency pertaining to sewer facilities adjacent to and North of Nederland. All Voted Aye. RESOLUTION WHEREAS, City of Nederland, Texas deems it necessary and proper to apply for a federal grant under the Federal Water Pollution Control Act Amendments of 1972, Public Law 92 -500, and the rules and regulations pursuant thereto. Now, therefore, be it resolved by the above named applicant that Homer E. Nagel or his successor, is hereby authorized and directed to make application for a grant under Public Law 92 -500 and the rules and regulations pursuant thereto, and to sign the acceptance of the grant, when made, and any other necessary documents required to complete the project on behalf of the above named applicant. ATTEST: Homer E. Nagel , ALTA FLETCHER Homer E. Nagel, Mayor Alta Fletcher W. Everett Sanderson City Secretary Gity Attorney �, Minutes Continued - August 27, 1974 A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to author- ize the following Amendment to Ordinance No. 164 setting council meet- 'ing dates until April, 1974, 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 SEPTEMBER 1, 1974, THROUGH APRIL 8, 1975 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That 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: September 10 and 24; October 8 and 22; November 12 and 26; December 10 and 17; January 14 and 28; February 11 and 25; March 11 and 25; and April 8. Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are "ereby expres ^ly re- pealed. PASSED AND APPROVED by the City Council at a regular meeting, this the 27th day of August, 1974. ATTEST: ALTA FLETCHER H. E. NAGEL City Secretary 1'ayor City of Nederland, Texas City of Nederland, Texas APPROVED AS TO FORM: W. E. SANDERSON City Attorney City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize the City - Manager to attend the Community Development Seminar in Dallas August 28 -30. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize two agreements for drainae easements along the 2900 Block of Avenue L. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc authorizing advertisement for bids to be received 6 :30 P.M. September 10th for air - conditioning equip-,- -at maintenance contract. All Voted Aye. Discussio items were as follows: 1. Slope mower back in operation 2. Cutting of grass around fire plug behind Arctic Refrigeration. 3. Repairs of 18th Street. 4. Fire Marshal Cormier asked for permission to appear before School Bomdonesbf�rthto request fire prevention efforts old Central Junior 3 G Minutes C ntinued - August 27, 1974 5. National Guard requested complimentary ad for national magazine. 6. Base radio problems, list from each entity. 7. Three laborers, school patrolman, fireman. 8. TML Meeting. ' 9. Revision of Ordinance No. 147. 10. Committee on library study. 11. Pickup prices to dealer were not firm. 12. One dump truck and two pickups delivered. 13. School patrolman needed for Helena Park Elementary. TNe meeting was adjourned at 9:30 P.M. h. E. Nagel, Ma or City of Nederland, Texas ATTEST: 4Z. ta Ftevc��ity Secretary City of Nederland, Texas 1 :) d SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 'August 27, 1974 The meeting was called to order at 9:40 P.M. by Mayor Homer E. Nagel. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Same Gillespie was absent. A closed door executive session was held for the purpose of discussing personnel. No action was taken. The meeting was adjourned at 11 :00 P.M. ATTEST: �� AMY F etc er', Ci.ty Secre ary City of Nederland, Texas 1 1 Nagel, mayor City of Nederland, Texas 9) REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 10, 1974 ' The meeting was called 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 H. E. Nagel was absent. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve Minutes of the previous meetings, August 27, 1974, as written. All Voted Aye. Sealed bids were received, opened and read for furnishing items for the construction of approximately 23,000 linear feet of hot mix asphaltic concrete overlay. Bids received were from Joe C. Norman Pavers, Inc. of Orange and F. Gatlin Asphalt Co., Inc. of Beau- mont. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer these bids to the City Manager and his staff for tabulation and recommendation. All Voted Aye. Sealed bids were received, opened and read for maintenance service contract on air - conditioning and heating equipment for various City of Nederland buildings. Bids received were from Triangle Heating and Airconditioning, Natkin Company, DeWitt AC/H, Lorenzo Sumrall, Craig Company, Anderson Refrigeration and Hackley. A motion was made by Mr. Nugent, and seconded by Mr. LeBlanc to refer these bids to the ' City Manager and his staff for tabulation and recommendation. All Voted Aye. Sealed bids were received, opened and read for cutting and cleaning a list of properties in accordance with Ordinance No. 78. Bids received were from Joe Cureton and John Q. Wilson. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to award the grass cutting bid to John Q. Wilson in accordance with his low bid submitted and to approve the following document. 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 gove 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 6, Blk 17 119. I Tr. 4 Palco Lot 6 Blk 2 Hilltop 2 Lot 4, Blk 14 Airport Lot 15 Blk 7 Johnson Lot 13 Blk 14 Hillcrest Lots 5 & 6 Blk 13 Johnson ' Lot S2 of W2 of 3 Blk 3 Burson Lots 2 -5 Blk 2 Weschester Sect. 15 Tr 8 T&NO Lot 6 Blk 15 Nederland Lots 1 -3 Blk 3 Staffen Lots 27 & 28 Blk 7 Airport Lot 16 Blue Bonnett Lot 26 Blk 7 Airport Lot 10 Blk 4 Cottage Grove 2 Lot 25 Blk 7 Airport have not complied with Ordinance 78; September 10, 1974 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; 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 John Q. Wilson to cut the weeds, grass, and brush on the herein described property for a total consideration of $265.00 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 September, 1974. ATTEST: R. A. NUGENT Mayor Pro tempore ALTA FLETCHER City of Nederland, Texas City Secretary City of Nederland, Texas A public hearing was conducted for the purpose of hearing all protests and determining the disposition of an ordinance increasing rates for cable television services. No protests were made known. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to adopt the following Ordinance No. 286 prescribing rates and charges for cablevision services by King Com- munity Television Company. All Voted Aye. ' ORDINANCE NUMBER 286 AN ORDINANCE OF CITY OF NEDERLAND, TEXAS PRESCRIBING RATES AND CHARGES FOR CABLEVISION SERVICES BY KING COMMUNITY TELEVISION COMPANY, INC., FIXING THE EFFECTIVE DATES OF RATE INCREASES PRESCRIBED IN THIS ORDINANCE AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, King Community Television Company, Inc., has appeared before the City Council and has shown that the rates and charges for local cable television services heretofore prescribed have proved insufficient to afford said Company a fair return on the fair value of its property devoted to furnishing cable television service in the City of Nederland area; and WHEREAS, the City Council having heard and fully considered the evidence adduced at such hearing, recognizes that the rates and charges now being charged by King Community Television Company, Inc. should be increased; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: SECTION I. King Community Television Company, Inc. (hereinafter referred to as "Company "), is hereby authorized to place in effect the following schedule of rates and charges within the limits of the City of Nederland and any other area within its jurisdiction to become effective immediately upon passage of this Ordinance: KING COMMUNITY TV CO., INC. RATE SCHEDULE MONTHLY SERVICE RATES EFFECTIVE DATE PRESENT UPON APPROVAL JAN 1, 1976 RATE PRESENT RATE I RATE II CLASSIFICATION OF SERVICES RESIDENTIAL Single $ 5.25 $ 6.50 $ 7.50 Additional Outlet, Each 1.50 1.50 2.00 F.M., Each -0- 1.00 2.00 40 September 10, 1974 COMMERCIAL PRESENT RATE I RATE II Single 5.25 6._50 7.50 Additional Outlet, Each 2.00 2.00 3.00 F.M., Each -0- 1.00 2.00 INSTALLATION RATES CLASSIFICATION OF CHARGES RESIDENTIAL Base Outlet $19.95 $19.95 $19.95 Additional Outlets, Each 10.00 10.00 10.00 Transfer Within Building 5.00 7.50 7.50 Transfer from one Location to Another 7.00 10.00 10.00 F.M. Outlet Without TV Installation 19.95 19.95 19.95 Reconnect, Each Outlet 5.00 5.00 5.00 COMMERCIAL Motel, Hotel, Apt. House Hospitals, Etc. Actual costs, plus 10% Exceptions 1 Company may, in its discretion, allow a discount to subscribers for prompt or prepayment of charges and may establish special rates from time to time for pro- motional purposes, provided, however, that such special rates shall not exceed those set out herein and are otherwise in compliance with the City Ordinance of each city served by King Community TV Co., Inc. Section 2. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland by unanimous vote of all the members of said Council present and voting, this 10th day of September, 1974. ATTEST: ALTA FLETCHER _ City Secretary City of Nederland, Texas R. A. NUGENT Mayor Pro tempore City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to award bid for street materials to Keown Supply Company and for equipment and labor to F. Gatlin Asphalt Co. in accordance with low bid submitted. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of bills for the month of August in the amount of $7,144.66 by General Fund Checks No. 4242 -4286 and $14,341.58 by Water Fund Checks No. 1027 -1049. All Voted Aye. Discussion items were as follows: 1. Street marking of Avenue H. 2. Cover missing on drain, Avenue M. 3• Sale of beer at rodeo for three nights. 4. New fireman, Mike Serres. 5. Opportunity Development. 6. Proposal regarding provision of water to industries. 7. Regional jail status. 8. Higher classification for temporary assignment under Ordinance No. 147. iJ 1 41 Minutes Continued, September 10, 1974 The meeting was adjourned at 8 :40 P. M. ATTEST: Alta Pletcher, City Secretary City of Nederland, Texas 1 R. A. Nugent, ) or Pro tempore City of Nederl nd, Texas 9. TML quarterly meeting, Thursday, September 19, 6 :30 P.M., Silsbee. 10. Dr. Gray - Dow Winn 11. Ordinance on motorcycles on private property. 12. Steel poles not available for traffic signal, Bill Potter. 13. Palmettos replaced with gardenias. 14. C. Doornbos Park - Appropriation Bill passed. 15. Groves, Lake View, Griffing Park Sanitation Landfill Agreements in, remind others. 16. Pins for employees have been received. 17. Slope mower operating, needed at Community Center. 18. Appreciation Dinner to be scheduled October 24. 19. Ballgame - Sunday, October 20 - Southern Union Gas Co. 20. Drainage project on Avenue L, one -half have contributed toward material. 21. Three new employees, Serres, Garcia, Wallace. The meeting was adjourned at 8 :40 P. M. ATTEST: Alta Pletcher, City Secretary City of Nederland, Texas 1 R. A. Nugent, ) or Pro tempore City of Nederl nd, Texas 42 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' September 24, 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. 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 September 10 as written. All Voted Aye. In accordance with his request of September 6 and the City Charter, Mr. Robert Arens and his representative, Mr. Calvin Woods, were present to discuss a grievance filed earlier by Mr. Arens regarding his discharge from city employment. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to uphold the City Manager's decision in regards to the discharge of Robert Arens from city employment. All Voted Aye. Mr. Ray Moore of the law firm of Moore, Moore and Landry, Beaumont, was present to re- quest payment in the amount of $64,623.96 to his client, Port City Construction Company, for waste water treatment plant, Job 369 -10D, WPC -TEX -630, Final Estimate No. 18. A motion was made by Mr. Nagel and seconded by Mr. Nugent to deny the request of Port City Construction Company as presented by Mr. Moore. All Voted Aye. , A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to table action author- izing City Attorney W. E. Sanderson to seek damages from Port City Construction Company resulting from undue delay in completion of the waste water treatment plant project, Job 369 -1OD, until the next regular meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize an Employee Appreciation Banquet to be at 7 :00 p.m., November 14, 1974, at the Schooner Restaurant All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to award bid for maintenance of airconditioning equipment to Anderson Refrigeration and Airconditioning Company for $450.00 per year plus material and labor for repairs in accordance with bid of received September 10. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve an Amendment to Ordinance No. 216 revising benefits for employee retirement with the Texas Municipal Retirement System in accordance with the 1974 -1975 budget. 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 RETIREMENT 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 Minutes Continued, September 24, 1974 to the Texas Municipal Retirement System on account of current service of the employees are hereby fixed at the rate of five per cent (5 %) of the earnings of each employee, and in determining the deposits to be made on account of such service the earnings of any employee of any such department in excess of the sum of Forty Eight Hundred Dollars ($4,800.00) in any one year shall not be considered. Passed and approved this the 24th day of September, 1974, to become effective October 1, 1974. ATTEST: HOMER E. NAGEL Mayor, City of Nederland, Texas ALTA PLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Nugent to remove from membership of the Citizen's Advisory Committee three members as requested by them: Carl Morris, Betty Myers, and Nolan Adams. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize attendance of Mayor and City Councilmen at the Texas Municipal League meeting in Fort Worth on October 27 -29. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept the Certificate of the 1974 Assessment Roll as recommended by the Tax Equalization Board, $39,403,896. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to appoint Mr. D. B. Henson, City Manager, to the Sabine Neches Waterway's Committee. All Voted Aye. The meeting was adjourned at 8 :45 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas I-J H. E. Nagel, Mayor City of Nederland, Texas 4 4 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 30, 1974 The meeting was called to order at 6 :00 P. M. by Mayor Homer E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. R. D. Sawyer 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. Nugent and seconded by Mr. Gillespie to table action cancelling contract with Pak -Rite Plastic Corporation for purchase of 900,000 plastic bags and to table action on an Amendment to Ordinance No. 155 providing for no increase in residential garbage rates effective October 1, 1974. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize transfer from Water Fund to General Fund of $27,219.00 in accordance with Section 15.02 of the City Charter. All Voted Aye. Discussion items were as follows: 1. Incomplete items at Wastewater Treatment Plant and generator requirement. 2. Junior Football League desiring to build stands at Service Center Ballpark. 3. Driveway program. 4. Sale of beer at rodeo. 5. Excessive noise in 300 Block S -14th - working on junk cars. 6. Kent Avenue drainage 7. Abandoned car in 3200 Block of Memphis. 8. Avenue H in the area of the school has been restriped. 9. Slope mower needed on 27th Street. 10. Robert Hernandez, S -36th Street, parking complaint. 11. Grass in alley behind Martin Matthews and trash behind Verble's. 12. Excessive noise - disturbance caused by mini - bikes, etc. 13. Policemen congratulated. 14. County library system dissolving - Expansion of Bookmobile. 15. Water leak on Robinson property behind Jones Grocery. 16. New controller installed in signal on Hwy. 347 and Avenue H. The meeting was adjourned at 8 :00 P. M. i E. Bagel, Mayor City of Nederland, Texas ATTEST: 1 .1_ u __ Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 40 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND October 8, 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, 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. Nagel and seconded by Mr. Nugent to adopt the following Amend- ment to Ordinance No. 107 providing for no parking and stop signs. 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 PARKING RULES AND STOP SIGNS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1 - NO PARKING Parking shall be prohibited along the North side of Park Drive beginning at a point 200' East of the intersection of the East boundary of S -36th Street with the North boundary of Park Drive and extending for a distance of 75'. SECTION 2 - 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 S -32nd Street at Avenue B. STOP 10th Street at Detroit 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. �U Minutes Continued, October 8, 1974 PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 8th day of October, 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. Sawyer and seconded by Mr. Nagel to authorize Nederland to be- come a member of the Texas Utilities Advisory Council with annual dues of $383.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize approval of a proclamation of "Credit Union Week" in Nederland, October 13 -19. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve bills for the month of September for payment in the amount of $15,806.88 by General Fund Checks No. 4320 -4372, $14,564.26 by Water Fund Checks No. 1058 -1091 and $22,819.87 by Revenue Sharing Checks No. 180 -182. All Voted Aye. Discussion items were as follows: I. Letter of appreciation for service and trash bag continuance from L. B. Nicholsons. 2. Environmentalist Conference next Monday night, 1014, N.H.S. cafeteria, 7 :00 p.m. 3. Southern Union Gas Co., 1020, ballgame in Houston, Sunday. 4. Planning Commission letter concerning public hearing on rezoning. 5. Traffic survey of 2ith Street. 6. Meeting of Texas Gulf Coast Civil Defense Assn. Ridgewood, 1031, 111 and 2. 7. Resolution of appreciation to City for RSVP facility. 8. Humane Educational Council moving from old City Hall to Beaumont. 9. Activity at RSVP Center. 10. Elephant drinking fountain in park broken. 11. Grass cutting needed on city property in 900 Block 12th Street. 12. Trash behind Verble's dress shop. 13. Railroad crossing at Helena. 14. Weeds around fire hydrants and stop signs. 15. Street signs missing and broken, annual survey needed, 27th Street particularly. 16. Vandalism in school system. 17. Vandalism in K C Hall. 18. Steps to follow toward completion of Waste Water Treatment Plant, Dave Perrell. The meeting was adjourned at 8 :40 P. M. ,,,v -s ��_, Mayor, City of Ned rland, Texas ATTEST: City Secretary, City of Nederland, Texas 1 ii 1 4 SPECIAL MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND October 8, 1974 The meeting was called to order at 7 :00 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, 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. LeBlanc to approve Resolution authorizing the South East Texas Regional Planning Commission to procure a Maintenance Agreement for a CRT Device for the City of Nederland. All Voted Aye. RESOLUTION AUTHORIZING THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION TO PROCURE A MAINTENANCE AGREEMENT FOR A CRT DEVICE FOR THE CITY OF NEDERLAND WHEREAS, the process of justice and the quick and sure apprehension of crimi- nals is a major duty in protecting the rights of citizens, and WHEREAS, the apprehension of offenders is dependent to a large extent on a well informed constabulary, and WHEREAS, such a system of information has been established through the Cathode Ray Tube High Speed Landline Communications System, and WHEREAS, the operation and efficiency of this system is dependent upon proper preventive and remedial maintenance„ and WHEREAS, the South East Texas Regional Planning Commission in conjunction with the Texas Criminal Justice Council and acting under the authority of Title I of the Omni- bus Crime Control and Safe Streets Act of 1968 as Amended and the Texas Interlocal Co- operation Act has prepared a grant application for the maintenance of the above mentioned communications system. THEREFORE, BE IT RESOLVED that the City of Nederland hereby endorses said grant application and authorizes the expenditure of $262.44 from the general fund of the City of Nederland to be used as the City's 15% share of this project for a one year period beginning November 1, 1974, and continuing until October 31, 1975. Passed by the City Council of the City of Nederland, Texas, this 8th day of October, 1974. HOMER E. NAGEL Mayor ALTA FLETCHER Attest, City Secretary A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize the City Attorney to take necessary legal action against Pure Paint Company of Greenville, Texas to collect $1,144.97 which represents damages done to a traffic light controller at the intersection of Helena and 347 on October 12, 1974. All Voted Aye. III Minutes Continued, October 8, 1974 The meeting was adjourned at 8 :40 P. M. Mayor, City of Nede land, Texas ATTEST: J Ali City Se� ry, City of Nederland, Texas 1 Ll tji REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 22, 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. Sam Gil- lespie; members absent were Mr. R. A. Nugent. A motion was made by Mr. Sawyer 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. Gillespie to authorize attendance and expenses of the chairman and others of the American Revolution Bicentennial Committee to attend a seminar on Bicentennial planning in Austin November 13 and 14. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize the addition of four citizens to the American Revolution Bicentennial Committee as follows: Mrs. Carole Browne representing American Association of University Women, Mr. Pat Johnson, Jr., President of Nederland Environmental Action Team, Nederland High School, Mrs. S. L. Munlin, and Mr. Russell DeVillier. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the recommendation of the Planning Commission and call a public hearing for 6 :30 P.M. November 12 to consider adoption of an amendment to Ordinance No. 146 rezoning an area along Atlanta Avenue between' 21st Street and Gulf States right —of —way from "semi— residential and parking district" to commercial. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to refer to the Texas Utility Advisory Council the rate increase submitted by Southern Union Gas Company concerning an increase in wholesale rates of the company supplier United Texas Transmission Company. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve Texas Highway Department "Minute Order No. 69412" and authorize the State to include in its portion of the work the City's part of the construction contract, construction of turning lanes along Nederland Avenue, at several - intersections between 27th Street and 3rd Street. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize attendance and expenses of Officer Homer Taylor to attend the 31st National Armed Robbery Conference in Huntsville, Alabama, October 28— November 1. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize a proclamation concerning activities of Goodwill Industries and the Scouts of the Three Rivers Council. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize attendance and expenses of City and Civil Defense Officials to the Texas Gulf Coast Civil Defense meeting in Beaumont October 31 — November 2. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to table action approving the designation of Firemen of the Nederland Volunteer Fire Department as agents of the City of Nederland in accordance with Article 6228f of Vernon Revised Civil Statutes, All Voted Aye. DO Minutes Continued, October 22, 1974 1. Receipt of sealed quotations for cutting of lots. 2. Street program slowed because of lack of material delivery. 3. "On premises alcohol" permit applications due in November. 4. Flu shots, approximately $150.00. 5. Waterways Committee. 6. Invitation from Sheriff Culbertson, 10/24, 7:00 P.M., Commissioner's Court. 7. Advisory from City of Beaumont, $20.00 charge for drug testing. 8. Kent drainage job now complete. 9. Sanitary landfill contracts complete. 10. Need for trash barrels placed in the city to be authorized by council. 11. TML Resolutions. 12. Community Development. 13. S.E.T.R.P.C. meeting Wednesday night, 6 :00 P. M. 14. Garbage dump keys available to private haulers. 15. Clearing of 20+ burglaries by police department. The meeting was adjourned at 8:30 P. M. 5-- / -117 E. Nagel, Mayo City of Nederland, Texas ATTEST: Alta F etcher, City Secretary - - - - -- - City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 12, 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. H. 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 were opened and read for cutting and cleaning of several properties in accordance with Ordinance No. 78. Bid received from John Q. Wilson was in the amount of $130.00 and bid from Cureton and Son was in the amount of $110.00. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Resolution pertaining to cutting and cleaning of several properties. All Voted Aye. A RESOLUTION WHEREAS, certain property owners within the limits of the City of Nederland are in violation of City Ordinance 78, in that they have allowed weeds, grass, and brush to grow well over a height of six - inches from the ground; WHEREAS, in compliance with Ordinance 78, the Fire Chief of the City of Nederland gave proper notice to the property owners of the herein described property, that unless Ordinance 78 was com;lied with, within ten (10) days, the City of Nederland would have the weeds, grass, and brush cut and /or property cleaned, and all costs, plus 10,$ 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 16, Blk 35, Wagner Lot 9, Blk 7, Hillcrest 2 Tr 11 -14 Lot 1 -29 Blk 7, Youmans 2 Res. C, Blk 22, Youmans 7 Lot 9, Blk 1, Hillcrest 1 Pt of Lot 7 & 8, Blk 17, Rg G, Palco Lot 5 & 8, Blk 17, Rg F & G, Palco Tr 1 Lot 25, BlueBonnett 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; 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 $110.00 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 12th day of November, 1974. ATTEST: H. E. NAGEL MAYOR ALTA FLETCHER CITY SECWARY 52 Minutes Continued, November 12, 1974 A Public Hearing was conducted for the purpose of hearing all protests and determining the disposition of an amendment to Zoning Ordinance No. 146 providing for rezoning from ^Semi— Residential and Parking" to "Commercial Zone" of lots fronting along the East side of Atlanta Avenue between G.S.U.R.O.W. and 21st Street as recommended by the Planning Commission. No opposition was made known. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc 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 ZONING DESIGNATIONS, PROVIDING ZONING MAP DESIGNATIONS, AND PROVIDING AN EFFECTIVE 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 Commercial of that property described as Lots 1 through 4, Block 4, Carter 1, Lots 1 through 6, Block 3, Carter 1, Lots 1 through 6, Block 2, Carter 1, Lots 1 through 6, Block 1, Carter 1, Tract 4, 5, and 9, Lot 3, Block 16, Range "G", Port Arthur Land Company. SECTION 17 WHEN EFFECTIVE: This amendment shall be effective from and after its passage and publication as required by law. PASSED, ADOPTED AND APPROVED this 12th day of November, 1974. H. E. NAGEL City of Nederland, Texas ATTEST: ALTA FLETCHER City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize the planning contract for Phase I C. Doornbos Park with Robert W. Caldwell and Associates upon approval of Federal Development Grant by U. S. Bureau of Outdoor Recreation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve designation of members of Nederland Volunteer Fire Department as agents of the City of Nederland for the purposes as set out in Article 6228f of Vernon's Revised Civil Statutes. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize loyal service awards to: Mrs. Alta Fletcher, 26 years, Tax Assessor/Collector —City Secretary; M. J. (Johnny) Cormier, 23 years, Fire Chief /Fire Marshal; 0. P. Chatelain, 26 years, Sanitation Department; and W. D. (Bill) Winfrey, 20 years, Water /Wastewater Plant Foreman. All Voted Aye. 53 Minutes Continued, November 12, 1974 A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to adopt Ordinance No. 287 establishing telephone rates as they now exist for Nederland customers. All Voted Aye. ORDINANCE NO. 287 AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR LOCAL TELEPHONE SERVICE FURNISHED BY SOUTHWESTERN BELL TELEPHONE COMPANY IN THE CITY OF NEDERLAND; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Southwestern Bell Telephone Company operates a telephone system in the City of Nederland under an Agreement with the city and has established a schedule of rates for local service rendered to customers in the city; and WHEREAS, the City Council has never adopted an ordinance recognizing, adopting and establishing said rate schedule; now, therefore, BE IT ORDAINED BY THE CITY OF NEDERLAND: SECTION I: - That the schedule of rates heretofore established by Southwestern Bell Telephone Company for local telephone service in The City of Nederland and now in force and effect be, and the same is, hereby adopted as follows, to -wit: SECTION 2: - Nothing in this ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and power to the City under the law to regulate the rates and charges of Southwestern Bell Telephone Company in the City. SECTION 3: - This ordinance shall be in effect from and after its passage. PASSED, APPROVED AND ADOPTED by unanimous vote of the City Council at a regular meeting held on the 12th day of November, A.D., 1974. ATTEST: HOMER E. NAGEL Homer E. Nagel, Mayor ALTA FLETCHER Alta Fletcher, City Secretary SCHEDULE OF RATES Present Class of Service Rates Business One Party Flat Rate $ 16.75 Residence One Party Flat Rate 6.60 Residence Two Party Flat Rate 5.25 Private Branch Exchange - Commercial - Trunks 25.122 Private Branch Exchange - Hotel - Trunks (b) Private Branch Exchange - Hotels - Stations 1.00 Semi - Public Coin Service (c) Suburban 4 -Party Business 11.85 Suburban 4 -party Residence 5.85 NOTES: (a) The rate for flat rate PBX trunk is one and three - fourths times the rate for one party business flat rate service. (b) Minimum local message revenue guarantee equal to business one party flat rate for each trunk. (c) The rate for flat rate Semi - Public Coin Telephone service is 40% of the rate for one -party business flat rate service. SECTION 2: - Nothing in this ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and power to the City under the law to regulate the rates and charges of Southwestern Bell Telephone Company in the City. SECTION 3: - This ordinance shall be in effect from and after its passage. PASSED, APPROVED AND ADOPTED by unanimous vote of the City Council at a regular meeting held on the 12th day of November, A.D., 1974. ATTEST: HOMER E. NAGEL Homer E. Nagel, Mayor ALTA FLETCHER Alta Fletcher, City Secretary 54 Minutes Continued, November 12, 1974 A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of bills for the month of October in the amount of $13,885.88 by General Fund Checks No. 4415- 4475, $15,558.99 by Water Fund Checks No. 1125 -1160, and $33,914.68 by Revenue Sharing Checks No. 187 -191, a total of $63,359.55. All Voted Aye. Discussion items were as follows: I. Highway Department Advisory Committee meeting, November 15, 2 :00 P. M. 2. Failure of dispatcher to relay message. 3. Retired Senior Citizens dinner, November 19, 6 :00 P. M., Wyatt's Cafeteria, P. A. 4. Texas Municipal League meeting, November 19, Driftwood. 5. Transition at end of Nederland Avenue and Helena needs attention. 6. Report on street program. 7. Drainage problem on Atlantabetween 17th and 18th. 8. Employees Appreciation Dinner, November 14, The Schooner. 9. Telephone Solicitors. 10. Chamber of Commerce paying $750.00 to Jaycees for hanging Christmas decorations. The meeting was adjourned at 8 :10 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 55 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 26, 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 as read. All Voted Aye. A Proclamation was read naming Tuesday, November 26, 1974, as "Youth in Government Day" as sponsored by Nederland -Port Neches Evening Optimist Club. Mr. Don Watt, Chairman, made a detailed report of the recent meeting in Austin of the American Revolution Bicentennial Commission. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to accept permit applications for "On Premises" sale of alcoholic beverages in accordance with Ordinance No. 70 from Airport Towers Motor Inn, Catfish Kitchen, Club 493, Nederland Club, Pizza Inn, Ruby Duby Lounge, The Schooner, Pizza Hut, and Drake's No. 2. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize a policy for asphalting driveway transitions from street edge to property line upon property owner participation as indicated on submitted sketch for a period of six (6) months. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize an amendment to Businessmen's Assurance Company Group Life portion of City coverage from $.29/thousand to $.38/thousand, effective December 1, amounting to approximately $700.00/year ad- ditional premium. All Voted Aye. Attending the meeting were approximately ten students who were matched with department heads and city officials in observance of "Youth in Government Day ". Also present was a good representation of the Nederland -Port Neches Optimist Club who sponsored this activity. These groups were excused from the meeting at this time, 8;00 P. M. Following recess of the regular meeting of the City Council, an executive session was called to order to review legal aspects of certain propositions pertaining to Port City Construction Company suit for final payment on Wastewater Treatment Plant Project, WPC - TEX -630. No official action was taken during the executive session. Upon reconvening, a motion was made by Mr. Nagel and seconded by Mr. Nugent to table any action on the part of the city with Port City Construction Company. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve a two (2) year lease from Import -AD, Inc. of eighteen (18) litter receptacles at an annual cost of $1.00 with the stipulation that property be returned to original condition if receptacle is removed. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to ratify the proposition that the City of Nederland support Jefferson County in obtaining State Highway Department acceptance of the T. B. Ellison Parkway, Sabine Lake Causeway and Pleasure Island Bridge. All Voted Aye. 56 Minutes Continued, November 26, 1974 Discussion items were as follows: 1. Ordinance on mini —bikes requested. 2. Additional street lighting and patrolling requested for Memphis Ave. in Bluebonnett. 3. Bench located on Nederland Avenue at Highway 347 is broken. 4. Parking problem in the 1100 Block of Atlanta, both sides of street near Ruby Duby Lounge. 5. Four drive —in grocery store owners interested in sale of alcohol after 1 :00 p.m. on Sunday. 6. Garbage bags should be hand delivered rather than thrown. 7. Sewer line stoppage at 2807 Avenue N, James Bailey. 8. STOP sign requested for 14th and Orange. 9. Letter of tribute to R. W. Stokes and P. W. Williamson from General Protection Services. 10. Report of meeting with Southwestern Bell Telephone Co. 11. McNair Transport, Inc. request to dump effluent into wastewater treatment plant. 12. Police Dept., addition of one detective and one —half clerk. 13. An "Appreciation Plaque" presented to the City during R.S.V.P. program. 14. Assistance in library on Thursday morning possibly available from R.S.V.P. 15. Attendance of 149 at Appreciation Dinner for employees. 16. Street program halted with 43% completion. 17. Johnny Cormier's condition. 18. L.N.V.A. Advisory Committee — first phase of study. 19. U. S. Army Engineers Waterways Experiment Station, 1210- 1274. 20. Mrs. Leon Richardson received note from Mrs. Dolph Brisco concerning arrangement. The meeting was adjourned at 11:00 P. M. H. E. Nagel, Mayo City of Nederland, Texas ATTEST: //-e/G! ) .- --.GC'/a /2.� Alta Fletcher, City Secretary City of Nederland, Texas I I&I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 10, 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. Gillespie and seconded by Mr. Nugent to approve Minutes of previous meeting as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to table action for further study and the presence of the City Attorney on calling a public hearing for the purpose of adoption of an amendment to Ordinance No. 287 providing for establishing revised rates and charges for local exchange telephone service as furnished by South- western Bell Telephone Company, Mr. George Rausch, Manager. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to schedule a public hearing to be held January 14, 1975, 6 :30 P. M., to hear all protests and determine the disposition of an Amendment to Ordinance No. 107 regulating motorcycles. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the following Amendment to Ordinance No. 107 as read. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 108 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 North side of Atlanta Avenue for a dis- tance of 150 feet in a westerly direction from the westerly boundary line of Highway 347. 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 10TH DAY OF DECEMBER, A. D., 1974. ATTEST: ALTA FLETCHER CITY SECRETARY HOMER E. NAGEL MAYOR 78 Minutes Continued, December 10, 1974 A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve letters of appreciation to Senators Jack Brooks, John Tower and Lloyd Bentsen for their support in Nederland's behalf of a $200,400.00 grant from the U. S. Bureau of Outdoor Re- creation toward Phase I development of C. Doornbos Heritage 176 Park. All Voted Aye. Mrs. Beverly Minaldi was present to express her appreciation to the city for partici- pation in'youth Day Activities ". She said that the students seemed to have benefited greatly by the experience, and she hopes to send students annually in the future to share in city government. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to appoint Ronnie Todd, Brian Lane, Pam Freeman, Eddy Proft, Jeff Bell, Katie Willey and Van D. Willey to the American Revolution Bicentennial Commission. All Voted Aye. A motion was made by Mr Gillespie and seconded by Mr. Nugent to approve purchase of five (5) riot type shot guns for the Police Department, as budgeted, at the discretion of the City Manager and Chief of Police. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertising for bids to be received 6 :30 P. M., January 14, 1975, for depository of City of Nederland funds for a two year period in accordance with the State Statutes. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment of bills for the month of November in the amount of $61,771.71 by General Fund Checks No. 4514 -4566, $29,014.55 by Water Fund Checks No. 1172 -1193, and $5,685.64 by Revenue Sharing Checks No. 192 and 193, a total of $96,471.90. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve attendance and expenses of several schools as follows: Mike Serres — Lamar University — Fireman Certification School — January 6 — continued for nine weeks; Sandra prestridge — Lamar University — Criminology and Records Keeping courses — Spring semester; and James Byers — Lamar University — Surveying Technicians Short Course — February 3 -7. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize agreement with State of Texas for Project #48- 00319, Doornbos Heritage '76 Park — acquisition and development. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to table action on a closed discussion executive session for the purpose of discussing pending litigation regarding Port City Construction Company, Incorporated, Wastewater plant Contract; and any further propositions pertaining to this item. All Voted Aye. Discussion items were as follows: I. Letter from Mrs. Minaldi pertaining to "Youth Activities Day ". 2. Sabine Area Bldg. & Const. stag party, Pipefitters Local, 12/13/74, 7 -11, 3• Letter from Johnny Dammon, 215 S -12 St., gratitude for street repair. 4. Letters from students pertaining to litter in ditches, dog pound condition, apprehension. 5• Mr. E. Hayes, 1403 Orange, drainage problem. 6. permit issued for 90 days to McNair Trucking Co., effluent disposal. 7. SETRPC annual meeting, January 15, 1975, Red Carpet Inn. 8. City Hall closed November 29 in respect to the Johnny Cormier family. 9. Elimination of taxes on Lot 16, Bluebonnett Addition. The meeting was adjourned at 10:00 P. M. ATTEST: A/ tea= H. Nagel, Mayor 59 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 17, 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. LeBlanc to table action on calling a public hearing 6 :30 P. M., January 14, 1975, for the purpose of adoption of an Ordinance providing for establishing existing rates and charges for local exchange telephone service as furnished by Southwestern Bell Telephone Company, Mr. George Rausch, Manager. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve issuance of permits for sale of alcoholic beverages for "On Premises" consumption in accordance with Ordi- nance No. 70 as follows: Airport Towers Motor Inn, Catfish Kitchen, Club 493, Nederland Club, Pizza Inn, Ruby Duby Lounge, The Schooner, and Drake's No. 2. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve issuance of permit for sale of alcoholic beverages for "On Premises" consumption in accordance with Ordi- nance No. 70 to Pizza Hut contingent upon Bond and Plans approval by the City Council on or before January 14, 1975• Messrs. Sawyer, LeBlanc, Nagel and Nugent Voted Aye. Mr. Sam Gillespie Voted No. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize elimination of delinquent and current taxes due Lot 16 of Bluebonnet Addition as requested by the Commissioner's Court in accordance with Article VIII of the City Charter. Discussion items were as follows: 1. Three residents of the 100 -200 Blocks 36th Street were present to request "No Parking" signs in the area because of disturbance from noise, parking, litter, racing and wreckless driving all hours of the night — "Children at Play" sign requested also. 2. R. A. Hernandez, 3111 Moor Drive, sewer backs up during heavy rains. 3• Storage of gasoline at closed station, Twin City Hwy. and Chicago, investigate. 4. Highway 347 and Avenue H, ditch is full of oil and running into highway. 5. S -13th Street behind old Central School is in need of repair. 6. Other locations needing attention: 31st St. and Helena, 700 Block 9th Street, Gary and 15th St., and 18th Street. 7. G. S. ROW and Ithaca, ditch full of debris. 8. Wagner Addition, dogs scattering garbage, tearing sacks. 9• Corner of Franklin and 15th dark, arm extension on pole desirable. 10. Meeting, 12/18/74, Judge Giblin's office, 10 :00 A.M. 11. Dinner meeting, 12/26/74, March of Dimes, Red Carpet Inn, 7:00 P. M. 12. Motorcycle Ordinance. 13• Advertisement for Fire Chief, letter of 12/17/74. 14. Retirement Funds pertaining to Librarian transfer. 15. Clarification of Ordinance No. 147 pertaining to upgrading of employee. The meeting was adjourned at 9:05 P. M. / ATTEST City Secretary Mayor, City of Ned rland, Texas 60 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 14, 1975 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 (December 17) as written, All Voted Aye, A Public Hearing was conducted for the purpose of determining the disposition of an Amendment to Ordinance No. 107, providing for regulation of motorcycles. Approximately fifty (50) people were in attendance of which seven spoke for adoption of the ordinance and six against. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to adopt the following Amendment to Ordinance No, 107, pertaining to the regulation of motorcycles. All Voted Aye, AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ARTICLE X, SECTION 91 (b), OF ORDINANCE 107 OF THE CITY OF NEDERLAND, TEXAS; PROVIDING REGULATIONS CONCERNING WHERE MOTORCYCLES MAY BE DRIVEN; PROVIDING AN AFFIRMATIVE DEFENSE IN THE INSTANCE OF WRITTEN CONSENT OF THE OWNER OR AGENT OF PROPERTY; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF NEDERLAND. Section I. That Article X, Section 91 (b) of Ordinance 107 of the City of Nederland be amended to read as follows: Section 91 (b). Operations of Motorcycles, Limitations. No person shall drive or operate a motorcycle upon or over any public or private property within the City of Nederland except upon public roadways, officially designated motorcycle trails, and areas designated for vehicular traffic. It shall be an affirmative defense in a prosecution under this section that the defendant was operating a motorcycle on private property with the prior written consent of the owner of such property or his agent. Section 2, That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 3. That if any section, .subsection, sentence, clause or phrase of this ordinance of 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 ways affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable, 6I Minutes continued, January 14, 1975 Section 4. Any person who violates any provision of this Ordinance shall be guilty of a mis- demeanor and shall, upon conviction, be punished as provided in Section 122 of Ordinance 107. PASSED BY THE CITY COUNCIL of the City of Nederland this the 14th day of January, 1975. S /H. E. NAGEL City of Nederland, Texas ATTEST: S /ALTA FLETCHER City Secretary City of Nederland, Texas APPROVED AS TO FORM: Sly. EVERETT SANDERSON City Attorney A motion was made by Mr. Sawyer and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 107, pertaining to parking rules and stop signs. All Voted Aye. AMENDMENT TO ORDINANCE N0. 107 AN ORDINANCE AMENDING ORDINANCE NO. 1.07 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 either side of 36th Street for a distance of 335 feet in a northerly direction from the North boundary line of Nederland Avenue. Section 2 - 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 Hilldale at Hill Terrace STOP STOP Avenue L at 35th Street Hill Terrace at Avenue L STOP Avenue L at 36th Street STOP 36th Street at Park STOP Avenue M at 35th Street STOP Avenue N at 35th Street ATOP Avenue N at Hill Terrace STOP Avenue M at Hill Terrace 6 Minutes continued, January 14, 1975 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 14th DAY OF JANUARY, A.D., 1975. 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, Nedeiiand, Texas S -/HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas One application was received, from Nederland State Bank, for depository of city funds for the two year period including 1975 and ending December 31, 1976, in accordance with Article 2559 RCS. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve Nederland State Bank as Depository of funds for the City of Nederland in accordance with their bid submitted and with Article 2559 RCS for the two year period ending December 31, 1976. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to accept presentation of the annual audit report in accordance with Section 15 :03 of the City Charter by Neushafer and Browning, Certified Public Accountants of Beaumont, including auditors report of Federal Revenue Sharing Fund; to authorize publishing statement entitled "Summary Statement of Cash Receipts and Disbursements "; and to authorize payment of $2,500.00 for general audit and $150.00 for Revenue Sharing audit. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to tentatively approve additional cost for liquid chlorine and authorize the City Manager to contact Thompson - Hayward Chemical and request them to show cause for the recent annual contract increase for liquid chlorine from $163.00/ton to $320.00/ton amounting to approximately $4,800.00 per year. All Voted Aye. 1 63 Minutes Continued, January 14, 1975 Receipt of plans and Certified Check in the amount of $500.00 from Pizza Hut, Inc., in fulfillment of their December 17 obligation was acknowledged by the City Countil. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize receipt of bids on February 11, 19759 6:30 P. M., for annual sewer line cleaning job on 32 projects as per submitted list. All Voted -Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve an Election Order calling an election for April 5, 1975, for the purpose of electing a Councilman for Ward One and a Councilman for Ward Three. All Voted Aye. A motion was made by Mr. Sawyer and seconded -by Mr. LeBlanc to authorize a contract a- mendment which extends the completion date for the Planning Contract between the Texas Department of Community Affairs -- Robert Caldwell Associates and City of Nederland -- as submitted. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to accept the resignation of Mrs. Verble Baucum from the American Revolution Bi— Centennial Committee of Nederland and to appoint Mr. Dave Winters, Mr. Bill. Quick and Mrs. Beverly Minaldi to this com- mittee. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to table action on an agree- ment with Jefferson County for providing fire — fighting services outside the city limits. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize Jefferson County Tax Assessor, Only Greer, to use City of Nederland Meeting Room, 3200 Block of Avenue E, for issuance of vehicle license plates from March 3 to March 31. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to ratify the procedure submitted by the City Manager for appointment of replacements for the permanent Fire Chief —Fire Marshal offices. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize attendance and expenses of two (2) employees to Unit —One Water Treatment Short Course in Silsbee, February 3 through February 14, as submitted. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to place the Rate Ordinance as requested by Southwestern Bell Telephone Company on the agenda for the next meeting and follow regular procedures for adoption of the ordinance. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to notify Port City Construction Company and their Bonding Company that on January 28 the City of Nederland will authorize proceeding with work under the contract unless an acceptable proposal has been submitted to the City by the Contractor prior to that date. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve a Resolution in support of a community wide undertaking to clean —up and paint —up prior to the 1975 Heritage Festival. All Voted Aye. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize installation of two flushing valves (with fire hose connections) at the dead —end of water lines on 29th Street and 30th Street, outside the city at $117.35 each total of $234.70, with citizens in the area to bear total cost (100 %) of the installation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize Jefferson County Tax Assessor, Only Greer, to use City of Nederland Meeting Room, 3200 Block of Avenue E, for issuance of vehicle license plates from March 3 to March 31. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to ratify the procedure submitted by the City Manager for appointment of replacements for the permanent Fire Chief —Fire Marshal offices. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize attendance and expenses of two (2) employees to Unit —One Water Treatment Short Course in Silsbee, February 3 through February 14, as submitted. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to place the Rate Ordinance as requested by Southwestern Bell Telephone Company on the agenda for the next meeting and follow regular procedures for adoption of the ordinance. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to notify Port City Construction Company and their Bonding Company that on January 28 the City of Nederland will authorize proceeding with work under the contract unless an acceptable proposal has been submitted to the City by the Contractor prior to that date. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve a Resolution in support of a community wide undertaking to clean —up and paint —up prior to the 1975 Heritage Festival. All Voted Aye. 64 Minutes Continued, January 14, 1975 A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of the bills for the month of December. All Voted Aye. Discussion items were as follows: 1. Many complaints being received on motorcycles. 2. Support wires in street at carwash on 27th Street. 3. patching needed, Helena Ave. and 30th Street. 4. Letter needed by R. A. Nugent for Civil Defense. 5. Livestock and poultry complaint. 6. 116 S -16th Street, sewer line collapsed. 7. Trucks destroying streets in Hillcrest Terrace area. 8. House demolishing, Basil Hartman, S -13th Street. 9. Cleaning of culverts with fire hose. 10. Drainage problem, Jackson at Highway 347. 11. Drainage problem, between 721 S -10th and Avenue E, ditch filled in. 12. Appointment of Equalization Board members. 13. Humane Society. 14. Garbage bags. 15. W. T. Oliver, effort to raise $3,000 for Cancer Fund Drive. 16. Johnny Cormier life insurance, $14,000.00. 17. KCS railroad improvements. 18. List at Service Center. 19. Water towers - vandalism. 20. Dozer repairs, $4,500.00. 21. Request from Lamar for fire training school. 22. Water meters test program, report in few days. 23. Judge Giblin - library. 24. J. P. Morgan re- employed as new employee. 25. Lot 16, Bluebonnet Addition, distribution of $150.00. 26. Highway 347 and Chicago, suggestion for use of building. 27. S.E.T.R.P.C. dues. 28. Thank you note from Mrs. Cormier. 29. PAFLE Committee study program. 30. Health Fair, SETRPC, 1/27 -1/31. 31. Incoterm Operator. 32. Texas Air Control Board meeting, 1/29/75 - 1/30/75. The meeting was adjourned at 11 :20 P. M. ' C H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas t 1 1 65 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 28, 1975 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 of January 14 as written. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to call a Public Hearing 6 :30 P. M., February 18, to discuss and take action on adoption of an ordinance regulating rates of Southwestern Bell Telephone Company. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to adopt the following Amendment to Ordinance No. 164 resetting the regular council meetings in February to February 11 and 18. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM FEBRUARY 1, 1975, THROUGH APRIL 8, 1975• 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: February 11 and 18 March 11 and 25 April 8 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 28th day of January, 1975. HOMER E. NAGEL Mayor ATTEST: ALTA FLETCHER City Secretary APPROVED AS TO FORM AND LEGALITY: W. EVERETT SANDERSON City Attorney M Minutes Continued, January 28, 1975 A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize employment of an Incoterm CRT Operator - Dispatcher Assistant at $3.50/hour for Mid - County Dispatch to be paid by C.E.T.A. through Southeast Texas Regional planning Commission. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to extend until February 18 acceptance of applications for .Fire Chief/Fire Marshal and establishment of procedure for selection and appointment. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to reappoint Messrs. Leo D. Tucker, John T. Lewis, and Melvin Spittler as members of the Board of Equalization for 1975 and to designate Mr. Tucker as Chairman in accordance with Section 8.13 of the City Charter. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize purchase of additional chairs for public meeting rooms from quotations presented. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve attendance and expenses of Civil Defense Council and officials to annual meeting in Austin, February 23 to 26. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize low flight of aircraft of Jefferson County Mosquito Control District over certain areas as outlined. All Voted Aye. Discussion items were: 1. Drainage plans. 2. 1823 Gary, low water pressure. 3. Jackson and Highway 347, drainage. 4. Letter to Texaco and Neches Butane for meetings of Councilmen. 5. SETRPC Executive Committee Retreat, February 8 & 9, reimbursement for days wage. 6. Judge Giblin and two commissioners out of town, Thursday night meeting cancelled. 7. Loose board in railroad, Avenue H and Hwy. 347. 8. G. E. Hallmark, vision problem. 9. 520 9th Street, 300 Block 11th Street, 9th and Helena; trailers. 10. Counter proposal offered by port City Construction Co. 11. Texas Highway Dept. Committee meeting, Friday, 2 :00 P. M. 12. Water bill payment delay for people on strike. 13. Motel 2% tax payment for advertisement. 14. program for testing of water meters. The meeting was adjourned at 9 :10 P. M. H. E. Nagel, Mayo ATTEST: /1/�t� j 9 x � Alta Fletcher, City Secretary I 1 SPECIAL (EMERGENCY) MEETING OF THE CITY COUNCIL CITY OF NEDERLAND February 4, 1975 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. LeBlanc and seconded by Mr. Sawyer to authorize settlement of a lawsuit filed by Port City Construction Company versus City of Nederland relating to completion, etc., of the new waste water treatment plant project in accordance with an agreement that has tentatively been approved by the Contractor, Owner and Engineer and submitted to the Council in the following letter form: Mr. D. B. Henson, City Manager, City of Nederland P. 0. Box 967 Nederland, Texas 77627 Re: Job No. 3- 69 -10D; City of Nederland, Texas, Waste Treatment Plant Dear Mr. Henson: On or about June 27, 1972, Port City Construction Company, Inc., as Contractor and the City of Nederland, as Owner, entered into a written contract for the construction of captioned project. Chas. R. Haile Associates, Inc., is project Engineer under the contract. Subsequently, a dispute ,arose between the parties as to the completion of the project and the non - payment of retainage. Contractor filed suit against the Owner and Engineer, seeking payment of the retainage in the amount of $62,100.59, interest, and attorneys' fees in the amount of $12,000.00. Representatives of the various parties met on January 31, 1975, to discuss and, if possible, agree upon an amicable resolution to the apparent contract dispute. A tentative agreement, which is to be in the form of a recommendation to the Nederland City Council for approval, was reached during the course of the negotiations. The following numbered paragraphs outline the basic tenets of the agreed proposal, as I understand it. 1. The existing contract will not be changed or altered. The rights and obligations of all parties will be governed by said contract. 2. Contractor will endeavor to make the lift station blower operative without undue delay. 3. When, and if, the lift station blower has operated satisfactorily for twenty -four (24) consecutive hours, the project Engineer will issue his Certificate of Completion. 4. Upon issuance of the Certificate of Completion, the Owner will tender final pay- ment to Contractor in the amount of $62,100.59, which is the contract retainage. 5. Commensurate with final payment, Contractor will pay Owner $5,000.00 as con- sideration for Owner's assumption of responsibility for uncompleted work, to -wit: (1) Repair of internal wall bracing in treatment tanks, and (2) drainage and roadways. b® Minutes Continued, February 4, 1975 6. Commensurate with final payment, Contractor will tender a certified check in the amount of $21,762.30, payable to Owner, which will be deposited into an escrow accoun controlled by the joint signature of Contractor and Owner. Said funds will be released from escrow and paid to ENVIROQUIP, INC., a supplier of Contractor, upon the written approval of Contractor and an authorized representative of ENVIROQUIP, INC. 7. Upon receipt of final payment, Contractor will promptly dismiss with prejudice its law suit against the Owner and project Engineer, the same being No. B- 100,768, and styled Port City Construction, Inc. vs. Chas. R. Haile Associates, et al, filed in the 60th District Court of Jefferson County, Texas. Very truly yours, SANDERSON & HUGHES Richard Hughes RH/cs All Voted Aye. The meeting was adjourned at 7 :05 P. M. ATTEST: 1tat h�f� -N Secretary City of Nederland, Texas '` /C 11 '�' 9� H. E. Nagel, May , City of Nederland, Texas i 69 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February il, 1975 The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel. The uembere Frssent 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. LeBlanc and seconded by Mr. Gillespie to approve Minutes of the previous meetings of January 28 and February 4 as written. All Voted Aye. Sealed bids were received and opened for annual sewer line cleaning work as advertised. Bidders were: Viking Enterprises, $25.00 per hr.; and Naylor Pipe Cleaning Co., $30.00 per hr. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Viking Enterprises for award of annual sewer line cleaning work in accordance with submitted bid. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of estimates to Port City Construction Company for Waste Water Treatment Plant as follows: Estimate No. 18 - WPC TEx 630 - $62,100.59 and Estimate No. 19 - (Final) - $1,524.37. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve the 1975 City - School Summer Recreation Program as submitted by Mr. James Byers and to approve transfer from Parks and Recreation Fund (Account 700 X -3) adequate to fund the program but not to exceed $6,700.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to table action on approval of taxi cab permit for Ike's Taxi, Port Neches, Texas, because request was withdrawn. All Voted Aye. Mr. H. A. Prejean, owner of Nederland Yellow Cab Co., was present and requested to be notified if further action is considered pertaining to taxicab business. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table authorization to prepare an Ordinance to annex an area North of Nederland until the meeting of March 11. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to table action on authori- zation to prepare a cat regulation ordinance until such time as Mr. Redditt can supply such an ordinance for use as a guide., All Voted -Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to table action concerning deferment of water /sewer/garbage bills for 60 additional days for those customers em- ployed in petroleum /chemical industries and not working pending wage /benefit contract renewals until the next meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve purchase of plastic garbage bags, $63.44/M for 300,000 bags totaling $19,032.00, and to place on the agenda for the next meeting an amendment to Ordinance No. 155 warranting this purchase. All Voted Aye. Minutes Continued, February 11, 1975 A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Heritage Festival items such as extra police, street cleaning, block Boston Avenue, etc. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve asphalt directional curbing (low) across alley behind Nederland State Bank in connection with new drive -in windows. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize employment of a janitor /repairman and half -time park and grounds maintenance employee from S.E.T.R.P.C• Title VI C.E.T.A. Funds at $3.50 per hour City Office Building, Library, Windmill, Service Center, French Houste, etc.). All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve an amendment of participation in Police Dispatch operation to 8.5¢/capita/month. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of bills for month of January in the amount of $7,820.83 by General Fund Checks No. 4684- 4724, $16,054.52 by Water Fund Checks No. 1243 -1277, and $8,528.45 by Revenue Sharing Checks No. 196 and 197, a total of #32,403.80. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the Mayor to sign an agreement with Robert Caldwell and Associates for Capital Improvement Program Planning, by city only, at a cost of $3,500.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to adopt the revised Personnel Policy Ordinance No. 147 relating to employee administration. All Voted Aye Discussion items were as follows; 1. Pit holes in Helena near 31st Street. 2. Request for 4 -way stop at 13th and Detroit. 3. Hole in asphalt, S -27th Street and Hwy. 365. 4. Two city dump trucks riding side by side on highway. 5. Preliminary approval of Songwood Addition extension. 6. Luke Guidry requested extension for mobile home park. 7. Regional Planning Commission member and alternate. 8. Mid - County League, Director. 9. Grant request, 7/23/74. 10. Report on SETRPC meeting. 11. Order Councilman badge. 12. Absentee voting at Courthouse and Sub - Courthouse. 13. Park plan next Tuesday. 14. Meeting on Wednesday, February 19th, Waste Water Treatment. 15. Highway Department, Three year program increased to $175,000. 16. Request for prosecuting attorney in Corporation Court. The meeting adjourned at 9;30 P. M. °�_ ylo_,�_4� - - 1�• E. Nagel, Mayor' City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary 1 I l 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 of Nederland, Texas. ARTICLE I PROCEDURES Section 1 Any employee may discuss with his immediate supervisor, or with the City Manager, any matter pertaining to rate of pay, wages, or hours of employment. If any employee or group of employees so desire, he, or they, may designate a representative to act as spokesman for the individual, or group of individuals. Petitions or suggestions of the individual employee, or of a representative, shall be given consideration by the City Manager; but no written agreement shall be entered into. If an employee or representative desires to discuss employment matters with the City Manager during working hours, he will get permission from his immediate supervisor. During hours when he is off duty, an employee may, if he wishes, make his own arrangements. Section 2 All employee grievances, other than those pertaining to general wage rates, that may arise on any job covered by this Ordinance shall be handled in the following manner without permitting the grievances to interfere in any way with the progress and pros- ecution of the work during the course of this procedure: (a) A grievance, submitted in writing, shall be made with the immediate super- visor by the employee and the grievance shall be settled within ten (10) days by the supervisor, or Method "b" shall be instigated; (b) A grievance shall be submitted in writing to the employee's immediate supervisor who shall transmit it to the City Manager and the City Manager may meet with the employee and/or his appointed representative to review Ordinance No. 147 and City Council policies and the City Manager shall submit a written opinion in answer to the grievance within ten (10) days, and the employee may appeal the opinion to the City Council in accordance with Method "c "; (c) The written grievance and the written opinion shall be presented to the City Council by the City Manager during a Council meeting and a determination shall be made by the Council as to the disposition of the proposition in accordance with the City Charter and Ordinances and State of Texas Law. Section 3 During the first ninety (90) days of an employee's service, he shall be considered a temporary employee. Thereafter, he shall be designated as a permanent employee and shall be entitled to the privileges afforded by these articles. Section 4 Employees are expected to render efficient and steady service to the City and recognize the right of the City to establish rules and regulations governing the work 7 Ordinance No. 147, continued and conduct of its employees. Section 5 All employees of the City of Nederland shall participate in the Texas Municipal Retirement System Plan as provided by City Council Ordinance No. 216. ARTICLE II DUES DEDUCTION Section 1 The City may, upon receipt of a voluntarily executed copy of the form as shown in Section 2 of this Article, deduct from the wages of the employee executing such form his monthly dues and transmit such deductions to the union, in accordance with the authorization as shown by this form. The City may also supply the union each month with a tabulation showing the name of the employees and the amount of dues payments which have been deducted and transmitted to the union. Section 2 Authorization for payroll deduction: By (name of employee) Department ( ) To (name of employee) Effective ( ) I hereby request and authorize you to deduct from my earnings, the last payroll period of each month, the amount of $ This amount shall be paid to the Treasurer of the Union Local No. of the American Federation of State, County, and Municipal Employees, and represents payment of my union dues and /or any insurance that may be provided by being a member of this union. These deductions may be terminated by me by giving the Treasurer of said Union No. a thirty (30) days written notice in advance or upon termination of my employment. I hereby agree that the City taking such acts, the City is not recognizing any employee union as a bargaining agent for City Employees. Witness Signed Age_ Emp. Street City ARTICLE III HOURS OF WORK Section 1 "Day" means the twenty -four (24) hour period beginning at 12 midnight. The work week begins at 12 midnight Sunday and ends at 12 midnight the succeeding Sunday. Section 2 The normal work schedule for hourly field and office employees shall be eight (8) hours per day and forty (40) hours per week. Hourly field and office employees shall be paid time -and- one -half for hours worked in excess of eight (8) hours in any one day or forty (40) in any one week. In no case will both daily and week overtime be paid for same hours worked. Any work performed in excess of normal work schedule 1 a3 Ordinance No. 147, continued must be approved by the City Manager. ' Section 3 Policeman shall be paid Lime - and - one-half their regular rate for hours worked in excess of forty (40) hours per week. 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) in any one day or forth (40) in any one week. In no case will both daily and weekly overtime by paid for same hours worked. Firemen shall be paid time -and- one -half their regular rate for hours worked in excess of sixty (60) hours per week in accordance with Fair Labor Standard's Act. Section 4 Employees who are called from off duty to work outside their regular work schedule shall be paid a minimum of three (3) hours pay at their regular rate for reporting and working two (2) hours or less, or shall be paid at one - and - one -half -time their regular rate for hours worked when called out to work is two (2) hours or more. Section 5 Any employee who reports for work at the beginning -of -a regular schedule work day shall be given an opportunity to work a full day. - Section -6 All field and office employees will be paid one day's pay for official holidays. If an employee is required to work on an official holiday, said employee will be paid the regular day's pay for the holiday, plus one - and - one -half -times his regular rate for the hours actually worked. Holidays falling when an employee is on vacation entitles employee to an extra day off on vacation. Should the calenday date of any of the offical holidays fall on a Saturday or a Sunday„ the holiday will be observed the following Monday. Should a holiday fall on a day which is a regular day off for an employee, that employee shall be paid one day's pay for such holiday. THE OFFICIAL HOLIDAYS ARE: 1. New Year's Day 2. Washington's Birthday 3. Good Friday 4. Memorial Day 5. - 6. 7. 8. 9. Christmas Day July Fourth Labor Day Thanksgiving Day � Day Christmas Eve Washington's Birthday shall be observed the third Monday in February and Memorial Day shall be observed the last Monday in May. Holiday provisions of the Section do not apply to firemen and policemen. ARTICLE IV TYPES OF SENIORITY Section I (a) City Seniority: This consists of the period measured in years, months, and days that an employee has been employed by the City._ (b) Department Seniority: This shall consist of the period-measured in years, months, and days that an employee has worked in any department of the City. 74 Ordinance No. 147, continued Section 2 All employees shall maintain seniority in their original seniority departments, unless it be by mutual agreement by the City and the Union that it would be to the mutual benefit of all concerned to transfer an employee from one seniority department to another. In such case, as mentioned above, an employee may transfer without loss of seniority. Section 3 (a) Layoffs: Should it become necessary for the City to reduce the number of employees in any department, the employee with the least amount of City seniority will be laid off; however, the City agrees that whenever possible, employees laid off under this Article will be absorbed in other departments. If such transfers are made, the employee transferred shall retain all seniority credits in their old department. No employee in the department to which the trans- ferring employee transfers will be denied employment by reason of such transfer. (b) Rehiring: Rehiring shall be done in inverse order of layoff within any department. (c) Promotions and Temporary Reclassifications: 'When a job vacancy involving a promotion occurs in a department, such vacancy shall be filled within that department, based on seniority and qualifications to perform the job. i•When qualifications are approximately equal, seniority shall govern. '.'here qualifications are questioned, the senior employee may request and shall be granted an opportunity to fill such vacancy for a period of thirty (30) days on a trail basis. If at the end of thirty (30) days trial period the City still contends the employee is not qualified, then the grievance pro- cedure of this agreement shall apply. In case there is no one in the department qualified to perform the job, the City may hire someone to fill the job. When an employee is transferred to a higher pay classification job, he shall receive the higher pay rate after training and assupption of full job responsibilities. The training period shall be defined as thirty (30) days continuous or intermittent total service on the particular job. If an employee is temporarily assigned to a job carrying a higher rate than he normally draws for his regular classification, then he shall be paid the higher rate for that day's work, when trained and capable of assuming full job responsibilities. If an employee is temporarily reduced to any classification carrying a lower wage rate than his normal classification, no reduction in rate shall be made. When an employee is temporarily upgraded for a continuous period of six (6) months, that individual employee shall be paid at the Budgeted rate commencing after such six (6) month period while working, on vacation, on sick leave, or on emergency leave. ARTICLE V Section 1 Emergency leave granted in case of death will start at the time of death, and shall not exceed six (6) days. The employee will be allowed three (3) days for travel up to two - hundred (200) miles but not entitled to more than es necessary. For mileage above 200 miles, additional thime may be allowed by the City Manager. Emergency leave is granted for a death in the immediate family. Immediate family shall include Father, Mother, Husband, :wife, or Child, Grand- mother, Grandfather, Father -in -law, Mother -in -law, Brother, or Sister, or any relative living in the same household. All employees, except part -time, seasonal, and temporary employees, may be granted emergency leave with pay for a period not to exceed six (6) days in case of death in their immediate family as defined above. 75 Ordinance No. 147, continued This leave shall not be charged against sick leave or vacation leave. Part-time, 'seasonal, or temporary employees may be-granted a leave of absence without pay irr such case. Section 2 Military leave without pay will be granted upon application to any employee-in a permanent position who is inducted, by competent military authorities to any branch of the Armed Forces for a period not to exceed four (4) years, except in the event war is declared. Employees granted leaves under this rule and who, within thirty (30) days after being honorably discharged from service, may apply for re- employment by the City; and, if found to be_ physically fit by a competent Medical Doctor as chosen by City of Nederland, shall be entitled to the same or an equivalent position or office held by them at the time of their entrance into military services, together with any seniority rights to which they may be entitled for such period of absence This rule also applies to employees who, when faced with imminent induction -, voluntarily enlist in a preferred branch of the Armed Forces, provided the employee furnished proof of these facts satisfactory to the City Council. Military leave without pay shall be granted to members of the Texas National Guard and reserved components of the Armed Forces -to attend annual training duty not to exceed fifteen (15) days. - - -- State or Federal law governing military leave shall take precedence over these regulations in the event such law is more liberal than these regulations. Section 3 No employee shall be-paid for loss- of work from illness for the first day off from work and a certificate from a medical doctor will be required after an injury or illness exceeds three (3) days in duration before the employee will be permitted to return to work. City employees who are absent from work because of illness are responsible for having their absenteeism reported to their department head by not later than 9:00 a.m. of the day of absence. Any employee who fails-to-follow this regulation shall be penalized by having his sick leave charged to leave without pay. The absenteeism - because of illness of City employees -will be spot checked from time to time by the City Manager, or Department Head. Anyone found willfully abusing this policy shall be subject to immediate dismissal. - -- Employees who become ill during- the period of their vacation may request that their vacation be temporarily terminated and their time charged to sick leave.- Vacation days unused may be taken later in the year at such time as may be designated by the employee's department head. The department may require satisfactory proof of illness. An employee who terminates employment because of pregnancy shall not be entitled to sick leave extending beyond the date the employee actually ceases work. An employee shall not be entitled to be paid for unused sick leave upon termina- tion of employment with the City. Sick leave during any one service year shall be granted as follows: SERVICE SICK LEAVE 6 months to 1 year 1 week - - 1 year to years 2 weeks at full time, 2 weeks at-one-half 2 -2 years to 3 years 3 weeks at full time, 3 weeks at one -half 3 years to 4 -years 4 weeks at full time, 4 weeks at one -half 4 years to 5 years 5 weeks at full time, 5 weeks at one -half 5 years to 6 years 6 weeks at full time, 6 weeks at one -half 6 years to 7 years 7 weeks at full time, 7 weeks at one -half (continued) 76 Ordinance No. 147, continued 7 years to 8 years 3 years to 9 years 9 years to 10 years 10 years to 11 years 11 years to 12 years 12 years to 13 years 13 years to 14 years 14 years to 15 years 15 years to 16 years 16 years to 17 years 17 years to 18 years 18 years to 19 years 19 years to 20 years Over 20 years 8 weeks at full time, 9 weeks at full time, 10 weeks at full time, 11 weeks at full time, 12 weeks at full time, 12 weeks at full time, 12 weeks at full time, 12 weeks at full time, 12 weeks at full time, 12 weeks at full time, 12 weeks at full time, 12 weeks at full time, 12 weeks at full time, 12 weeks at full time, 8 weeks at one -half 9 weeks at one -half 10 weeks at one -half , 11 weeks at one -half 12 weeks at one -half 13 weeks at one -half 14 weeks at one -half 15 weeks at one -half 16 weeks at one -half 17 weeks at one -half 18 weeks at one -half 19 weeks at one -half 20 weeks at one -half 21 weeks at one -half. After an employee's accumulated sick leave has been exhausted and when requested, accrued vacation leave may be used as sick leave. Section 4 For absences due to illness and "off- the -job" injuries, sick leave shall be granted as outlined in above Section 3. City contributions to employee's insurance shall continue for duration of earned sick leave. At expiration of earned sick leave, payments by City to or for employee shall cease. Section 5 When an employee is injured on the job, the City shall pay to the employee the difference between the amount the employee is entitled to under workmen's Compensation Insurance coverage and the amount the employee would have made had the employee been working regular hours. However, the City contributions to the employee shall not exceed beyond the period of sick leave that the employee is entitled to as set out in Section 3 above. This contribution is not predicated on negligence on the part of the City of Nederland. The City contribution to employee's insurance shall continue for the duration of earned sick leave as set out in Section 3 above. At expiration of this period of sick leave, all payments to or for the employee shall cease. An employee absent due to on- the -job injury shall remain on the employment roll of the City for a period of up to one (1) year from the date of expiration of pay benefits as outlined above. Employee's seniority and rights for increased benefits shall accrue so long as an employee is retained on the employment roll of the City. An employee injured on- the -job shall be examined by a physician within twenty -foul (24) hours from time and date of injury. Section 6 J If employee returns to work after absence due to illness or injury, City may require physical examination of employee by Physician, to be selected and paid by City, prior to employee returning to duty. If said Physician determines that employee is not physically able to assume normal duties, employee will not be returned to duty. If employee disagrees with findings, he may request another physical examination by physician, acceptable to both City and employee. Employee shall be responsible for one -half the cost of this examination. i% Ordinance No. 147, continued Section 7 Benefits payable in any service year or for any one period of continuous disability shall not be in excess of the maximum benefits, as provided in Article V, Section. 3 and 4 for the service year at the time of initial qualified disability in that year. Service year is defined as a year from anniversary of employment to anniversary of employment. Section 8 An employee, after receiving maximum benefits allowable for any one service year or for any continuous disability, must thereafter complete the equivalent of twelve (11.) weeks of active service after date before qualifying to receive additional disability benefits. Section 9 Benefits under Article V will not be allowed for a disability directly or indirectly due to intoxicants or to use of stimulants, drugs or narcotics other than such as may have been prescribed by a reputable physician. Section 10 Continued absence that impedes the-work program shall not be permitted. Extended absence without pay for a definite or indefinite period may be authorized by the City Manager when circumstances warrant. Absence without authority may be grounds for dis- ciplinary action. Absence without leave for three (3) consecutive days will be considered as a resignation without proper notice except under circumstances which may be approved 1 by the City Manager, ARTICLE VI VACATION Section 1 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 2 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 (2) 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. 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. 78 Ordinance No. 147, continued 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 current year's vacation, he will be paid at the time of resignation or 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. Section 3 Employees must use two (2) weeks of the total vacation period as outlined under Section 1, Article VI, during the vacation year in which the vacation period occurs or such two (2) weeks vacation will be forfeited. Employees will be granted the option, of either of the following for that earned vacation period exceeding two (2) weeks: Option 1 - Take the extra vacation period during the vacation year in which the vacation occurs; Option 2 - Receive vacation pay, at the time of the past pay period of the year, at regular straight time after having worked at regular straight time during the last week or weeks, or the vacation year, instead of having taken off during the extra vacation period. ARTICLE VII JURY SERVICE Section 1 An employee serving on a Jury, or serving as a witness under court Subpoena, shall be paid his full pay for the calendar days he is scheduled to appear in court. ARTICLE VIII SPECIAL EQUIPMENT Section 1 When employees are required to do work requiring the use of protective clothing, or are required to work under weather conditions requiring protective clothing, such as boots, rainsuits, hard hats, gas mask, rubber gloves, etc., this protective clothing shall be furnished by the City. t Section 2 When required as a condition for employment in a particular department, the dif- ference in fee between a Texas Regular Operator's License and Commercial of Chauffeur's License shall be paid by the City of Nederland for each employee so designated. ARTICLE Ix CLASSIFICAPION AND WAGES Section 1 After being employed for ninety (90) days, an employee shall be paid the rate of apy established in the department which he works. Section 2 Employees shall be paid every other Wednesday. 79 Ordinance No. 147, continued Section 3 All overtime shall be distributed as evenly as practical within each department. Section 4 Heavy Equipment Operator classification and wages shall be paid Gradall Operator and Maintainer Operator. "Alt Classification and wages shall be paid Backhoe Operator, "Al' Meter Reader, Leaderman, Warehouseman, Garbage Truck Driver, Plant Operator, Concrete Finisher, Carpenter, and dope Mower Operator-. All others shall be classified "B" classification after designation as permanent employees. Section 5. iIhen a monthly employee is replaced by an hourly employee on a temporary basis, the hourly employee will not be paid for overtime as set out herein, effective immediately. ARTICLE X ADOPTION Section 1 The purpose of these rules and this policy is to acquaint all employees, either new or present employees, of the policy of the City with reference to matters involved herein. It is not the intention of these_ rules or this policy to give any employee a contract of employment or any otherwise. It is not the intention of these Articles of this policy to recognize any employee union as_ a bargaining agent for City employees. These Articles shall not be construed as being retroactive or binding upon any future City Council actions. It shall be the duties of the Department Heads and employees to conform to, and comply with, and aid in, all proper _ways in carrying into effect the provisions of these rules and this policy, and any modification thereof. The City Manager shall be governed by the provisions of these rules and this policy in dealing with all employees. These rules and this policy shall be effective as of-March 1, 1975, and any conflicting Ordinances are hereby repealed and rendered null and void. Passed by the City Council, this the 11th day of February, A.D., 1975. ATTEST: S/ALTA PLETCHER City Secretary, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: SA4. EVERETT SANDERSON City Attorney, City of Nederland, Texas \� S/H. E. NAGEL Mayor, City of Nederland, Texas m AGREEMENT FOR PERFORMING CAPITAL IMPROVEMENT PROGRAM SERVICES FOR THE CITY OF NEDERLAND, TEXAS THE STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND This Agreement entered into this the 11th day of February, 1975, between the City of Nederland in Jefferson County, Texas, a Municipal Corporation acting by and through its City Council, hereinafter called the CITY represented by its duly authorized MAYOR, and the firm of ROBERT W. CALDWELL AND ASSOCIATES, Planning Consultants, with principal offices in Bryan, Brazos County, Texas, acting through its principal, ROBERT W. CALDWELL, hereinafter called the CAPITAL IMPROVEMENT PLANNING CONSULTANTS. WITNESSETH: ARTICLE 1. EMPLOYMENT OF PLANNING CONSULTANTS: The CITY hereby employs the PLANNING CONSULTANTS and the PLANNING CONSULTANTS agree to perform the professional planning services as hereinafter described. ARTICLE 2. SCOPE OF SERVICES: 1. Financial Analysis a. Make a financial analysis of the Municipality to the extent required to determine approximately the Municipality's ability to finance present and future capital improvements. The study shall include but not necessarily be limited to past, present and anticipated sources and amounts of income, annual budgets, operating costs, direct and overlapping public debts of the Municipality, outstanding municipal bonds and their schedule of retirement and public improvements financing practices as furnished by the City. The studies shall be made in consonance with recommended standards concerning debts limitations. 2. Capital Needs List a. A capital needs list shall be prepared of projects recommended in the Comprehensive Plan by category with general priorities for improvements to be accomplished during the planning period. 3. Capital Improvements Program z. In consonance with the capital needs list, prepare a schedule of projects recommended in the Comprehensive Plan for implementation in the initial six years following preparation of Comprehensive Plan. The schedule shall list projects by category together with estimated cost, source of funds and year of construction. Where public utilities recommendations are involved, same will be coordinated with the City's Consulting Engineers. 4. Prepare and present a draft report covering Capital Improvements Programming. 5. Upon receipt of review comments prepare the draft report for final publication, to include recommended changes, as appropriate, and provide twenty -five printed copies of such report to the_City of Nederland. ARTICLE 3. FEES: As compensation for professional Capital Improvement Program Planning Services I rendered in ARTICLE 21 the CITY shall pay to the PLANNING CONSULTANTS, a fee of Three Thousand Five Hundred and No /100 Dollars ($3,500.00), lump -sum upon satisfactory com- pletion of the services, unless otherwise ARTICLE 4. DURATION AND TERMINATION OF AC;REEMENT: Agreement shall endure and remairj in effect for the duration of Capital Improve- ment Program Planning, but not to exceed ninety (90) days from the date hereof unless 81 Agreement - Performing Capital Improvements Program Services, continued extended by both parties hereto. ARTICLE 5. SUCCESSORS AND ASSIGNS: The CITY and the CAPITAL IMPROVEMENT PLANNING CONSULTANTS each binds itself and themselves, their partners, successors, executors, administrators and assigns to such other party in respect to all covenants of this Agreement. Neither the CITY or the CAPITAI. IMPROVEMENT PLANNING CONSULTANTS shall assign, sublet, or transfer their respec- tive interests in this Agreement without the written consent of the other. IN TESTIMONY WHEREOF, the parties have affixed their hands and seal at Nederland, Jefferson County, Texas, this 11th day of February, 1975. ATTESTED: CITY OF NEDERLAND. S /H. Z. NAGEL City Secretary Mayor APPROVED AS TO LEGAL FORM: S/[d. EVERETT SANDERSON City Attorney 1 I CAPITAL IMPROVEMENT PLANNING CONSULTANTS: S /ROBERT W. CALD.! LL Robert W. Caldwell, Principal 82 REGULAR MEETING OF THE CITY COUNCIL-OF THE CITY OF NEDERLAND February 18, 1975 ' An open Executive Session was conducted by the City Council from 5:30 P. M. to 6 :30 P. M. with officials of Robert Caldwell and Associates, Inc., Planners, pertaining to elements of Nederland's Comprehensive Plan. The regular 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 and Mr. Sam Gillespie. Mr. R. A. Nugent 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 motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to grant preliminary approval of first job in "(. Doornbos Park" Development - Plans and Specifications - and authorize payment of 75% of Planners /Engineers fees to Robert Caldwell and Associates in amonnt of $8,606.00. All Voted Aye. A Public Hearing was conducted for the purpose of hearing all protests and determining the disposition of Ordinance Number 288 approving rates for telephone service in Nederland asset by Southwestern Bell Telephone Company. No opposition was made known. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt Ordinance No. 288 as follows. All Voted Aye. ORDINANCE NO. 288 , AN ORDINANCE OF THE CITY OF NEDERLAND PRESCRIBING RATES AND CHARGES FOR LOCAL EXCHANGE TELEPHONE SERVICE FURNISHED BY SOUTHWESTERN BELL TELEPHONE COMPANY. WHEREAS, pursuant to the request of the City Council of the City of Nederland, Southwestern Bell Telephone Company has heretofore substantially extended the local calling scope of its exchange; and WHEREAS, in the opinion of the City Council, the telephone requirements of the citizens of the City of Nederland are best met by the continuation of such calling arrangements; and WHEREAS, the level of earnings of Southwestern Bell Telephone Company's operation in the Nederland exchange, and in other exchanges within such city's calling scope, deteriorated to a level where corrective action was necessary; and WHEREAS, after proper notice, Southwestern Bell Telephone Company has taken such corrective action by placing into effect in the City of Nederland and other exchanges within its calling scope certain increases in rates; and WHEREAS, the City Council of the City of Nederland desires to ratify, confirm, and approve such rates and to re- establish the City's authority and jurisdiction in this and future proceedings relating to the regulation of rates for local telephone service; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' Section I: The rates of Southwestern Bell Telephone Company heretofore placed in effect in the City of Nederland, the schedule of which is set forth below, for local exchange telephone service are hereby ratified, confirmed, and approved. 1 1 I 83 Minutes Continued, February 18, 1975 CLASS OF SERVICE MONTHLY RATE One -Party Business Flat Rate $ 18.50 Business Extension Station Flat 1.75 One -Party Residence 7.50 Two -Party Residence 5.50 Residence Extension Station 1.25 Commercial PBX Trunk (a) Commercial PBX Station 1.75 Measured Hotel PBX Trunk (Guarantee) (b) Measured Hotel PBX Station 1.25 Semi - Public Coin Telephone Service (c) Coin Telephone Charge per Local Message .10 Extension Semi - Public -Coin 1.75 Extension Semi - Public -Non Coin 1.25 Suburban Four -Party Business 12.75 Suburban Four -Party Residence 6.25 (a) The rate for a flat rate PBX trunk is one and three - fourths times the rate for one- party business flat rate service. b) Minimum local message revenue guarantee equal to one -party business flat rate service., c) The rate for flat rate Semi - Public Coin Telephone Service is 40% of the rate for one -party business flat rate service. Section 2: All ordinances heretofore passed by the City of Nederland establishing rates and charges for telephone service are hereby repealed. Section 3: If, as a result of any litigation or investigation of Southwestern Bell's books or practices, it is determined that any portion of the rates authorized to be placed into effect hereby, exceed a fair return on the fair value of Southwestern Bell's property, said rates shall be ordered reduced or refunded by appropriate ordinance after hearing by the City Council. Section 4: Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of Southwestern Bell Telephone Company. By the adoption of this ordinance, the City Council of the City of Nederland hereby re- establishes its authority and jurisdiction to regulate such rates and charges for local telephone service in the City of Nederland. PASSED AND APPROVED this 18th day of February, 1975• ATTEST: ALTA FLETCHER HOMER E. NAGEL City Secretary Mayor A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to adopt a Resolution to Texas Water Quality Board to be presented February 19, 10 :30 A.M., recommending that the Southeast Texas Regional Planning Commission be designated by Governor Briscoe as to entity to accomplish an areawide waste treatment management plan as defined in Section 208 of Federal Water Pollution Control Act. All Voted Aye. A RESOLUTION DECLARING THE INTENT OF CITY OF NEDERLAND TO JOIN WITH OTHER GOVERNMENTS FOR THE PURPOSE OF PREPARING AND IMPLEMENTING A COORDINATED WASTE TREATMENT MANAGEMENT PLAN WHEREAS, pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92 -500, the Administrator of the United States Environmental Protection Agency I Minutes Continued, February 18, 1975 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 18th day of February, A. D., 1975. ATTEST: ALTA FLETCHER H. E. NAGEL City Secretary Mayor A motion was made by Mr. Nagel and seconded by Mr. Gillespie to ratify a request for Nederland's allocation in the amount of $175,515.00 to Texas Highway Department for second year funding under Federal and Urban System Program for improvements along Nederland Avenue from U. S. Highway 69 to 3rd Street and for repair of base failures and "rework" and "relaying" of the 12 inch thickness asphaltic surface overlay. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to adopt an Amendment to Ordinance No. 155 revising the garbage rates, Residential from $2.75/month to $3.001 month) and others similarly, in order for City to provide plastic garbage bags to customers as follows. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 155 AN AMENDMENT TO ORDINANCE NO. 155 PROVIDING FOR GARBAGE SERVICE, RATES, AND REGULATIONS FOR GARBAGE COLLECTION INSIDE AND OUTSIDE THE CITY LIMITS OF NEDERLAND. WHEREAS, a revision should be made in the rules, rates, and regulations of garbage service provided by the City of Nederland, Texas within the City Limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I. A. 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 JI GARBAGE RATES Inside City Outside City Residential (per month) $ 3.00 $ 4.75 A — Commercial (per month) 3.50 5.75 B — Commercial (per month) 4.00 6.75 C — Commercial per month 6.25 11.25 D — Commercial per month 8.75 16.25 1 1 JI S5 Minutes Continued, February 18, 1975 has by regulation published guidelines for the identification of those areas which, as a result of urban - industrial concentrations or other factors, have substantial water quality control problems (40 CFR Part 126; and WHEREAS, the Mid and South Jefferson County (S.E.T.R.P.C.) area satisfies the criteria contained in the Act and guidelines and designation of the area pursuant to section 208 and those guidelines is desirable; and WHEREAS, Section 126.10 of the guidelines requires, among other things, that the affected general purpose units of local government within the problem area must show their intent, through formally adopted resolutions, to join together in the planning process to develop and implement a plan which will result in a coordinated waste treatment management system for the area; NOW, THEREFORE, BE IT RESOLVED THAT City of Nederland recognizing that the Mid and South Jefferson County (S.E.T.R.P.C.) area has substantial water quality control problems, sup- ports designation of the Area pursuant to Section 208 and the EPA guidelines, and intends to join with other affected general purpose units of local government within the boundaries of the area to develop and implement a plan which will result in a coordinated waste treat- ment management system for the area. Done in Nederland, Texas, this the 18th day of February, 1975. ATTEST: ALTA FLETCHER HOMER E. NAGEL City Secretary Mayor A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint two members and alternates to the Executive Committee of South East Texas Regional planning Commission in accordance with By Laws as follows: C. N. LeBlanc and H. E. Nagel, Members; R. D. Sawyer and E. T. Gillespie, Jr., Alternates. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint R. A. Nugent as a member of the Board of Directors of the Mid - County Municipal League in accordance with By Laws. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to adopt Ordinance No. 107 Amendment providing for an additional "stop" sign as follows. 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 THE 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 sign 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 Detroit Avenue at 13th Street 86 Minutes Continued, February 18, 1975 E - Commercial (per month F - Commercial (per month G - Commercial (per month H - Commercial (per month) I - Commercial (per month J - Commercial (per month II. 12.75 24.25 16.75 32.35 21.75 42.25 26.75 52.25 36.75 72.25 46.75 92.25 A. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordi- nance shall be adjudged invalid or held unconstitutional, the same shall not effect 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. B. This Ordinance shall become effective as of the 1st day of March, A. D., 1975. PASSED AND APPROVED by the City Council, City of Nederland, Texas, at a Regular Meeting, this the 18th day of February, A. D., 1975. ATTEST: ALTA FLETCHER HOMER E. NAGEL A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to give preliminary approval of Songwood Addition, Section 2, as specified by Ordinance 121 as recommended by -the Planning Commission, Class I, with purchase of water and sanitary sewer utilities. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve an extension to Hillcrest Mobile Home Park, 2700 Block Avenue "H", in accordance with Ordinance No. 146 and as recommended by the Planning Commission. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve Nederland's pre - application for Community Development Funds under Housing Act of 1974. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mr. Ralph Mouton, 201 Lee Street, to Nederland's Bicentennial Committee to represent the Nederland Art Guild as recommended by President L. C. Schneider, Jr. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to table action on deferment of certain water /sewer /garbage bills. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize an application for Municipal Solid Waste Facility as presented. All Voted Aye. A closed executive session was held for the purpose of reviewing and /or considering applications for Fire Chief and/or Fire Marshal. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to postpone until March it the appointment of Fire Chief and /or Fire Marshal and to hold interviews at 6:30 P. M. on March 10 to consider applications. All Voted Aye. Discussion items were as follows: 1. Street marker, S -14th and Avenue H, leaning and could damage car. 2. Bad hole on Boston near railroad. 3. SETRPC meeting in Beaumont. 4. Texas Water Quality Board Meeting, February 19, 10:30 A. M. 1 1 1 bi Minutes Continued, February 18, 1975 5. Austin, leaving from Airport Towers, February 23, 9:45 A. M. 6. Cancellation of fireworks display for Heritage Festival. 7. Property appraisal needed for RSVP program. 8. Gulf States Utilities invitation to seminar, February 25, Beaumont, $25.00 tuition. 9. Condemnation procedures on several properties. The meeting was adjourned at 9:30 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas IJ 1 H. E. Nagel, Mayor City of Nederland, Texas 88 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' March 11, 1975 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 as written. All Voted Aye. An executive session was conducted pertaining to the employment and appointment of a Fire Marshal and /or Fire Chief in accordance with Section 4.10 of the City Charter. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mr. Austin W. Sattler as Fire Chief /Fire Marshal for the City of Nederland to fill the unexpired term of Mr. Johnny Cormier. All Voted Aye. Mr. Gillespie was excused from the meeting at 6 :55 P. M. because of a death in his family. Approximately thirty people were present because of interest in preparation of an ordinance annexing a part of Nederland's extraterritorial jurisdiction area located North of Nederland. Members of the Board of Water District No. 10 were present and requested a joint meeting with the City Council before action is taken on annexation. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to table action authorizing preparation of an annexation ordinance to allow time for further study. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize payment of utilities for Babe Ruth Ball Park during the 1975 Babe Ruth baseball season. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize payment to Charles R. Haile and Associates for service in connection with Waste Water Treatment Plant WPC -TEK- 630 in the amount of $1,382.73. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to table action authorizing advertisement of bids for the first contract in C. Doornbos Park development. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to table action on adoption of an ordinance providing for regulation of solicitations for charitable purposes. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve payment of bills for the month of February, 1975, in the amount of $11,615.08 by General Fund Checks No. 4778 -4832, $12,699.37 by Water Fund Checks No. 1283 -1303, and $8,232.61 by Revenue Sharing Checks No. 199 -201, a total of $32,547.06. All Voted Aye. Mr. LeBlanc was excused from the meeting at 8 :20 P. M. Discussion items were as follows: 1. Request for longer hours and more research books at the library. 2. Sewer odor in ditch on S -16th Street. Minutes Continued, March 11, 1975 3• Opening of private club, Nederland Avenue and S -25th Street. 4. Upgrading of insurance policy on volunteer firemen. 5. Expenditure up to $1,000.00 for storm sewer master plan redesigning. 6. Skilled labor. 7. Resolution requested by Community TV Co. S. Application deadline, May 1st, Community Development. 9. Parade car for councilmen. 10. Renewal of engineering contract. The meeting was adjourned at 9 :40 P. M. ATTEST: az' � 4�'/ " �'i Alta Fletcher, City Secretary City of Nederland, Texas r� 1 1,41 �-- 1A 0,4-e( H. E. Nagel, Mayor City of Nederland, Texas 89 90 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDER•LAND March 25, 1975 The meeting was called to order at 6:30 P.M. by Mayor Homer E. Nagel. Members present were 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 as written. All voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Esther Pankhurst as Acting City Secretary in the absence of Mrs. Alta Fletcher. All voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to accept plans /specifications for Project I of first phase of C. Doornbos Park Development and authorize advertisement for bids to be received 6:30 P.M. April 22, 1975. All voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to appoint W.E. Sanderson, Richard E. Hughes, Melvin Franks, Bobby Davis, David Luther, Beth Lackey, and Irene Kirkwood to the Nederland Bicentennial Commission. All voted Aye. I A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt an amendment to Ordinance #147 providing for a "General Craftsman" classification budgeted as "A" labor. All voted Aye. There was discussion concerning Groves Lions Club printing a quarter page ad in the program for the Mid Jefferson County Beauty Pageant. The cost of the ad will be from Motel Tax Fund will be $25.00 and will include the names of Mayor, Councilmen, City Manager and City Secretary. Mayor Nagel announced that there will be a ribbon cutting ceremony on April 5th from 8:00 - 9:00 A.M. at the Nederland Bulldog Stadium to begin the March of Dimes Walkathon. Mayor Nagel informed Council that they are invited to attend the April 11th Beaumont City Council Meeting from 10:30 A. M, to 12:00 Noon. The meeting will be held in Beaumont's New Library, Conference Room, Downtown Beaumont. At the request of Mr. Gillespie, an anti -noise ordinance will be further considered and discussed at a later meeting. Mr. Sawyer requested that the swap shop on Nederland Avenue and 15th Street I be asked to move their merchandise further back off of the road. 91 The 1975 Heritage Festival results were discussed by Council and the results ' were commended. City Manager, Bob Henson, reported that minor repair is needed on a door in the Fire Station due to termite damage. Several quotations were read and discussed. It was decided to replace the old door with an aluminum frame and glass door. Mr. Henson further reported that the rough budget for 1975 is being prepared. Garbage bags for this quarter are being delivered this week, reported Mr. Henson. The cost for the bags was $23, 000. It was reported by Mr. Henson that a meeting with the President and Officials of the Jefferson County Water Control and Improvement District #10 will be set up prior to our annexing. Mr. Henson reported that the City now has workmen's compensation insurance and a summer wprk program for college students can be considered. The meeting was adjourned at 7:45 P.M. 1 ATTEST: Alta Fletcher, City Secretary CITY OF NEDERLAND, TEXAS 1 Homer E. Nagel, Mayor CITY OF NEDERLAND, TEXAS 92 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 1, 195 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. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. This Special Meeting of the City Council was held for the purpose of meeting with the Board and Officials of Jefferson County Water Control and Improvement District No. 10 Central Gardens) to review, communicate and /or discuss aspects relating to expansion of the boundaries of City of Nederland and or Water Control and Improvement District No. 10 providing services, etc., to any or all of the area designated as Nederland's extra- territorial jurisdiction. No official action was taken. The meeting was adjourned at 9:10 p. M. :�- X) 6- H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ' Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 1 y3 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 8, 1975 The meeting was called to order at 6;30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, M. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent, and Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve Minutes of the meetings of March 25 and April`.as written. All Voted Aye. The returns of the April 5, 1975, General Election were read by Mrs. Fern Shannon, Election Judge. Out of 107 votes cast, said respective candidates received the following number of votes; NAME OF CANDIDATE Robert D. Sawyer E. T. "Sam" Gillespie, Jr. OFFICE Councilman of Ward One Councilman of Ward Three VOTES 103 101 A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to accept returns of the election as- presented and to authorize payment to the election officials. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve use of the foot- ball practice field at Service Center by the Nederland Junior Football League from September to November, 1975, as requested by John Morgan, president. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the following Resolution in opposition to "omnibus copyright revision legislation" pertaining to cable television as recommended by Al McKay, Manager, King Cable Television Company, and'other matters pertaining to cable T. V. service in Nederland. All Voted Aye. RESOLUTION Re; Omnibus Copyright Revision Legislation -- Cable Television WHEREAS, the matter of liability of cable television operators and, through them, cable subscribers to pay copyright royalties on television signals .carried on cable television is now before the Congress of the United States in the Omnibus Copyright Revision Bill; WHEREAS, the 1974 annual meeting of the United States Conference of Mayors in San Diego did unanimously approve Resolution Number 9 urging. the United States Senate not to adopt legislation which would place an extra surcharge on the viewing of television pro- gramming via a cable television system; WHEREAS, this resolution was ignored and had no effect on the action of the United States Senate in the September 9th passage of Senate Bill 5.1361; WHEREAS, the United States Supreme Court has twice held that carriage of broadcast signals by cable television is not a performance under Federal copyright law for which copyright royalties are required to be paid; and 94 Minutes Continued, April 8, 1975 WHEREAS, as a matter of pure logic and economic theory, payment of copyright royalties for carriage of broadcast signals on cable television is improper andr. *an result in con- sumers paying copyright royalties twice; WHEREAS, the cable television industry, still in its infancy, should not be over- burdened with required fees and charges, payment of which must be subsidized by the ultimate consumer, the cable television subscriber; WHEREAS, the continuation of.quality,cable. television service in and for thecommunity of City of Nederland, Texas is important to the well - being, education, and informed status of our citizens; WHEREAS, adoption of this copyright legislation by the full Congress of the United States will be inflationary and will selectively "tax" the cable viewing residents of City of Nederland, Texas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland, Texas, that the Congress of the United States is urged to remove from the Omnibus Copyright Re- vision Bill all language which would require a copyright payment for carriage of broad- cast signals on cable television. Date Adopted, April 8, 1975 H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Nugent to table action authorizing preparation of an engineering contract with Charles R. Haile Associates, Incorporated, for Step I sewer grant, WPC -TEX -1140, and accepting of the grant offer agreement with Environmental Protection Agency and Texas Water Quality Board. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve an extension of water service to the corner of Seattle and 28th Street outside City) as requested by Mr. Steve Hays upon his participation to $823.40 in accordance with Ordinance No. 149. All Voted Aye. A motion was made by-Mr, Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of March, 1975, in the amount of $16,457.86 by General Fund Checks No. 48?0- 4929, $11,712.52 by Water Fund Checks No. 1310 -1340, a total of $28,170.38. All Voted Aye. A motion was made by.Mr. LeBlanc and seconded by Mr. Sawyer to approve an Amendment to Ordinance No. 164 setting regular council meeting dates until October 31, 1975• All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 8, 1975, THROUGH OCTOBER 31, 1975 ' 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: 95 Minutes Continued, April 8, 1975 April 8 and 22 May 13 and 27 June 10 and 24 July 8 and 22 August 12 and 26 September 9 and 23 October 14 and 21 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 8th day of April, 1975. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas The Oath of Office was administered by the City Secretary to the Councilman of Ward One, Mr. R. D. Sawyer, and to the Councilman of Ward Three, Mr. E. T. "Sam" Gillespie, Jr. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint the following to the "Nederland American Revolution Bicentennial Commission": Bill Schroeter, Gordon Bell, Alton Hollier, and Mr. and Mrs. Ray Windsor. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve attendance and expenses at schools: Lee Sonnier - Unit II Water School, Beaumont - April 21 to May 2 (night school; W. C. Baxter - Mini - Laboratory School, Orange - April 29 through May 1 (daytime school); Assistant Fire Marshal, Johnny Walters - Lamas Fire Fighting School April 28, 29 (as instructor); Chief Sattler, one regular fireman and one -half of a volunteer fireman to Texas A & M Fireman's Training School - July 20 -25. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the City Attorney, W. E. Sanderson, to seek damages and /or expenses for repair of Avenue "H" and F. M. 347 traffic signals as caused by September 19, 1974 incident. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on a proposition to defer disconnection of water /sewer/garbage services for striking em- ployees of O.C.A.W. construction crafts. All Voted Aye. Discussion items were as follows: 1. Civil Defense Director to attend meeting - Storm Warning Session. 2. Mid - County Municipal League meeting, April 15. 3. Letter from office of Governor concerning area -wide plan, F.E.P.A. 4. Advertisement in Miss Texas Pageant Magazine. 5. Gerald G. Fox, City Manager of Wichita Falls, requests support of bill whereby employee may be trained both as fireman and policeman. 6. Copies of Amendment to Ordinance 164 to employers of councilmen. 7. Detailed weekly report on fires. 8. Mr. LeBlanc to attend SETRPC National Convention, May 27 -30, salary reimbursement. 96 Minutes Continued, April 8, 1975 The meeting was adjourned at 9 :00 p. M. ATTEST: Eta Fletcher, City Secretary City of Nederland, Texas 2 1 1 H. E. Nagel, Mayor City of Nederland, Texas 2 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 22, 1975 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 April 8 meeting as written. All Voted Aye. Mr. and Mrs. Bill Crane and others were present to discuss traffic problems along 27th Street in the vicinity of Detroit Avenue. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to proceed with construction of right -hand turning lane on Detroit at 27th Street to make a cost study of traffic light and signs at this location. All Voted Aye. Sealed bids were received, opened and read for Contract 1 of Phase I of C. Doornbos park development. Bidders were Gulf Coast Industrial Contractors, Inc. -, $212,300; and Sabine Consolidated, $209,000. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on bids recieved for Contract 1 of Phase I of C. Doornbos Park development and to refer them 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. Nagel to approve grant offer from Environmental Protection Agency for environmental assessment, infiltration /inflow analysis and facility plan of Nederland's Sanitary Sewer System (Grant Number C -48- 1140 -014 (75% or $53,400 Environmental Protection Agency and 25% or $17,800 City,) and amend bud- get to provide for City participation from water fund surplus;_ engage Charles R. Haile Associates, Incorporated, to perform work per letter submitted. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a 'Metter agreement" as proposed by Junior Football League, John Morgan, President, providing for development of playing field on City Service Center property. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint additional members to Nederland's Bicentennial Committee as follows; Mrs. Jerry Hanks (Flo, Mrs. Butch Schneider (Jan), Mrs. Don Watt (Iona), Burl McIntosch, Mr. & Mrs. Charles Porter, Mr. & Mrs. James L. Bailey, Mr. & Mrs. James Overstreet, Mrs. Charles Langford, Mrs. Roberta Schroeter, Mrs. Jody Roberts, Mrs. Weldon Davis, Mrs. B. D. Ryland (Dorothy) Ralph David Thornell, Mr. & Mrs. A. J. Lupo, Mr. & Mrs. Pete Peterson, and Mr. & Mrs. Sherwood Rees. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to designate Police Chief Billy Neal as Nederland's representative to Criminal Justice Council Committee as recom- mended by South East Texas Regional Planning Commission. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to schedule a public hearing to be held May 20, 6;30 P. M., for the purpose of hearing protests, if any, and adoption of an Amendment to Ordinance No. 146 rezoning an area along Chicago Avenue from 14th Street to alley adjacent to F.M. 347 from "Semi- Residential and Parking" to "Commercial" zoning designation. All Voted Aye. 9 S Minutes Continued, April 22, 1975 A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to refer the request of Ameri- can Federation of State, County and Municipal Employees, Local 385, for additional wages and benefits to the City Manager for study and recommendation at a later date. All Voted Aye A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the following Resolution pertaining to participation by cities under 50,000 in the benefits from the 1974 Community Development Act. All Voted Aye. A RESOLUTION A RESOLUTION REQUESTING ACTION TO REINSTATE SMSA ELIGIBILITY TO CITIES UNDER 50,000 POPULATION UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Congress created the Housing and Community Development Act of 1974 providing a coordinated.federal financial assistance program to communities of varying sizes to establish programs promoting decent housing, a suitable living environment and expanded economic opportunities principally for persons of low and moderate income; and WHEREAS, several,categorical grant programs were consolidated into the Housing and Community Development Act leaving the Act as the only.source,of assistance for certain types of Community development activities; and WHEREAS, the Department of Housing and Urban Development originally projected that some $6.5 million would be available to smaller general purpose local governments in the Urban Areas of Texas during the first year of the Act; and, WHEREAS, approximately 200 cities and counties in Texas alone representing a signi- ficant and deserving segment of the population have been adversely and discriminately affected through elimination from funding consideration by an executive order determi- nation; and WHEREAS, this situation must be corrected immediately.-so-that a harmful precedent will not be set and the urgent housing and community development needs of the small and medium sized jurisdictions within the urban areas of South East Texas and the nation can be fulfilled; NOW, THEREFORE, BE IT RESOLVED: THAT the City Council of the City of Nederland, Texas, hereby requests the Secretary of the U. S. Department of Housing and Urban Development to utilize the maximum flexibility available to shift funds from the "Urgent Needsit,and "Secretary's Discretionary" categories to meet the needs of SMSA Discretionary applicants during Fiscal Year 1975; and further, that the City Council supports the concept of emer- gency supplemental appropriations by Congress that would restore the SMSA Account to its proper level of funding for this year and subsequent years. APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY AF NEDERLAND DURING A LEGALLY CONVENED MEETING THIS 22nd day of April A. D. 1975. CITY OF NEDERLAND H. E. NAGEL Mayor ATTEST: ALTA FLETCHER City Secretary APPROVED AS TO FORM: W. E. SANDERSON City Attorney 99 Minutes Continued, April 22, 1975 A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize City Attorney W. E. Sanderson to provide prosecuting attorney for some municipal court cases at a $50.00/month fee. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize Fire Chief Austin Sattler to designate a training officer for regular firemen and volunteers. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize payment from General Fund of annual rental fee for fire hydrants: 289 ® $150.00 = $43,350.00/year. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize transfer from Water Fund to General Fund for street rentals, in lieu of taxes, per Section 15.02 of City Charter, in the amount of $99,555.00. All Voted Aye. Discussion items were as follows: 1. Mr. W. E. Sanderson, City Attorney, expressed verbal legal opinions pertaining to annexation of part of Water District; Anti- Noise Ordinance (loud bands; regulation of telephone solicitations; and conducting of executive City Council sessions. 2. Street program. 3. Doornbos Park bids. - 4. Seminar for City Councilmen, June 6 & 7, Dallas. 5. Institute for Councilmen, Mayors, Commissioners, in Amarillo, May 18 -20. 6. Senate Bill No. 42. 7. Wage increase request by union for city employees. 8. Stop signs on private property at hospital. 9. Street repair on 17th Street. 10. Letter to Mr. W. W. Higgs for Councilman Nugent. The meeting was adjourned at 10 :20 p. M. ATTEST: Alta Fletcher, City Secretary LJ H. E. Nagel, Mayo 100 REGULAR MEETING OF THE CITY COUNCIL OF THE _ CITY OF NEDERLAND May 13, 1975 ' The meeting was called to order at 6 :30P. 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. Gillespie and seconded by Mr. Sawyer 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 reject bids for Contract I, Phase I, C. Doornbos Park development, and authorize readvertisement for bids to be re- ceived 6 :30 P. M., June 10, 1975. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to accept Songwood Subdivision} Unit.II, -as a Class I subdivision in accordance with Ordinance 121 and authorize adver- tisement for bids on water and sewer facilities1to be received 6 :30 P. M. on June 10, 1975. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on revision of the Service Center football /softball field to suit dimension of "slow pitch'+ softball league including relocating two light poles as presented by Mr. R. W. Stokes and Committee. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to accept the logo design as ' presented by Mr. Dave Winters and selected by the Bicentennial Commission for Nederland. All Voted Aye. Five residents of S -16th Street in Wagner Addition were present to request road work and ditch cleaning in their area. They were told to expect consideration in next years' budget. No official action was taken. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve an agreement with Lower Neches Valley Authority providing for-the purchase of untreated water for the next two (2) years. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve a Itletter agreement" as proposed by Junior Football League, John Morgan, President, providing for development of playing field on City Service Center property. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to amend Ordinance 164 establishing regular City Council meeting dates in accordance with City Charter through October 31, 1975 and changing the May 27th meeting to May 20th. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 20, 1975 THROUGH OCTOBER 31, 1975. 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: 101 Minutes Continued, May 13, 1975 May 20th June 10th and 24th July Sth and 22nd August 12th and 26th September 9th and 23rd October 14th and 21st 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 13th day of May, 1975• H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON City Attorney, City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to grant an additional thirty (30) days time to Robert W. Caldwell and Associates for completion of the Capital im- provement Plans in accordance with agreement of February 11, 1975. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to ratify the attendance and expenses of Councilman Dick Nugent and City Manager Bob Henson to Washington appearing before the Senate and House Appropriations Committees in support of several public work projects including the South County Seawall and flood control project as requested by Congressman Jack Brooks; authorize loss of work time payment in ecordination with SETRPC payment of expenses for Councilman Carl LeBlanc, President - SETRPC, in attendance to the National Association of Regional Council Ninth Annual Conference in Boston - May 27 -30. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve a revised resolution endorsing Texas Municipal League action to obtain Community Development Funds for those cities in the United States under 50,000 population. All Voted Aye. A REVISED RESOLUTION REQUESTING ACTION TO PROVIDE COMMUNITY DEVELOPMENT FUNDS FOR SMSA DISCRETIONARY BALANCE APPLICANTS WHEREAS, the Housing and Community Development Act of 1974 provides funds for use by local governments in a wide range of community development activities that would benefit our citizens; and WHEREAS, the Act establishes categories of eligible applicants, including hold - harmless metropolitan city, urban county, SMSA discretionary balance, and metropolitan discretionary balance; and WHEREAS, a series of miscalculations and misjudgments have occurred which result in 102 °4 Minutes Continued, May 13, 1975 a total depletion of SMSA discretionary balance funds; and WHEREAS, only non - entitlement cities in SMSA's are denied an opportunity to receive funds; and WHEREAS, the City of Nederland is among more than two hundred in Texas SMSA's which have submitted.preapplications for SMSA discretionary balance funds, and these cities collectively contain over two million people; and WHEREAS, the City of.Nederland's request for $132,000 will permit the City to meet urgent local community development needs and preserve its status as a viable urban community; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council of the City of Nederland hereby calls on the Secretary of the U. S. Department of Housing and Urban Development to utilize every possible means to provide funds to meet the needs of SMSA discretionary balance applicants during FY 1975; 2. That the City Council of the City of Nederland urges Senators Lloyd Bentsen and John Tower, Congressman Jack Brooks and other members of Congress to consider passage of a special emergency Community Development appropriation earmarked for SMSA discretionary balance areas; 3• That the City Council of the City of Nederland endorses the work of the Texas Municipal League, the South East Texas Regional Planning Commission and the State of Texas to secure funding for non- entitlement SMSA cities; and 4• That this Resolution shall take effect immediately upon its adoption. HOMER E. NAGEL Mayor, City of Nederland Jefferson County, Texas I hereby certify that this resolution was adopted by the City Council of the City of Nederland on the 13th day of May, 1975• ALTA FLETCHER City Secretary, City of Nederland WES Jefferson County, Texas A motion was made :by Mr. Nagel and seconded by Mr. Nugent to authorize the request pre- sented by the City Manager in letter form for participation in several storm sewer pro- jects by Jefferson County Drainage District No. 7. 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 April, 1975, in the amount of $31,342.76 by General Fund Checks No. 4979- 5031 and $15,271.95 by-Water Fund Checks No. 1353 -1387, a total of $46,614.71. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize amending the street program from a hot mix shell asphalt surface to a single course inverted penetration surface. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize the appointment of additional members to the Bicentennial Commission as follows: Mr. Jerry Davidson, Mr. & Mrs. Don Wheeler, Mrs. Kenneth Harrison (Mavis), Mrs. Pete Gotcher Brenda), Mrs. Guy Jordan (Ruth, Roberta Buhler, Mrs. Dan Marcontel (Gay Nell), Mrs. John Morgan (Barbara) Mrs. Doris Evans, Mrs. Vergia Mae Musselwhite, Mr. & Mrs. Pat Hayes and Mr. Jim McDaniel. All Voted Aye. 103, Minutes Continued, May 13, 1975 Alta Fletcher, City Secretary City of Nederland, Texas I Discussion items were as follows: 1.- Recent property sales along North end of Boston Avenue. 2. 27th Street, from C. 0. Wilson School to Canal Street, needs major patching. 3. Dog problems in Helena-Park area. 4. Blind corner, 9th Street and Helena Avenue. 5. Alleyway behind telephone building needs clearing. 6. James E. Smith wants property mowed. 7. 20th Street, Theriot, sewer stop up problems. 8. Holes need patching; S -17th Street, 9th and Boston. 9. Letter from Texas Water Quality Board. 10. Scheduling a meeting with Mr. Franklin Young, Highway Comm.,to discuss traffic signals. 11. Resignation of John Walters, Assistant Fire Marshal. 12. Resignation of Earl Smith, Heavy Equipment classification. 13. James Aldridge, present Street Foreman, requests to be relieved as foreman. 14. Employee grievance being appealed to City Council. 15. TML meeting in Livingston, Thursday night,May 15. 16. Mid - County Municipal League meeting announcement incorrect in newspaper. 17. Detroit Avenue widened at 27th Street, cost,of flasher system, $1,065.00 estimate. 18. Costumes for picture in Bicentennial program. 19. Industrial Waste Ordinance rewritten. 20. George Garrett's letter to Congressman concerning ditch, 1520 Avenue M, pictures. 21. Civil Defense meeting, Thursday, May 15th. 22. Reduction in Revenue Sharing funds, $5,680.00, June, 1976. The meeting was adjourned at 10:15 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas I 104 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 20, 1975 1 The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, Mr. R. A. Nugent, 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 meeting of May 13 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 to rezone from Semi - Residential and Parking District to Commercial property described as Lots 1 thru 6, Block 11, Nederland Townsite; Lots 1, 2, 3, 16, 17, 18, Block 12, Nederland Townsite; and Lots 19 29 3, 49 57 6, Block 13, Nederland Townsite. No opposition was made known. A motion was _made by Mr. Nagel and seconded by Mr. Sawyer to adopt the following Amendment to Zoning Ordinance No. 146. All Voted Aye. AN-AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN ZONING DESIGNATIONS, PROVIDING ZONING MAP DESIGNATIONS, AND PROVIDING AN EFFECTIVE 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 Commercial of that property described as: Lots 1 thru 6, Block 11, Nederland Townsite Lots 1, 2, 3, 16, 17, 18, Block 12, Nederland Townsite Lots 19 29 39 49 59 6, Block 13, Nederland Townsite, a parcel of land along Chicago Avenue from 14th Street to alley adjacent to F. M. 347. SECTION 17 WHEN EFFECTIVE: This amendment shall be effective from and after its passage and publication as required by law. PASSED, ADOPTED AND APPROVED this 20 day of May, 1975. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON City Attorney, City of Nederland, Texas f 1 105 Minutes Continued, May 20, 1975 Bids were received for mowing and cleaning of 16 lots in accordance with Ordinance 78. Bidders were G. S. Sturdivant, $274.25; John Q. Wilson, $176.00; and J. B. Cureton, $155.00. A motion was made by Mr. Sawyer and seconded by Mx. Gillespie to award bid to Cureton and Son in accordance with low bid submitted in the amount of $155.00 for mowing and cleaning of lots in accordance with Ordinance 78. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve an Amendment to Ordinance 265 regulating industrial waste treatment as required by Environmental Protection Agency. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize bids to be received 6 :30 P. M. June 24 for miscellaneous fire fighting equipment. All Voted Aye. Discussion items were as follows: 1. Comments on Bwy. 347 traffic signal timing. 2. James Bolton residence, two boxes of garbage left. 3. Excessive amount of trash remaining in Ward One. 4. City Manager attending Regional Council meeting in Vidor. 5. Doornbos Park bid specifications. 6. PaulWayne Williamson employed as fireman. 7. Interpretation of Zoning Ordinance pertaining to flori6ts. 8. Hearing on River Basin Plan, 10 :00 A. M., May 21. The meeting was adjourned at 7 :45 P. M. ATTEST: Alta Pletcher, City Secretary City of Nederland, Texas H. E. Nagel, Mayor City of Nederland, Texas 106 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 10, 1975 The meeting was called 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. H. E. Nagel, and Mr. Sam Gillespie. Mr. R. A. Nugent was absent. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Minutes of the previous meeting of May 20 as written. All Voted Aye. Sealed bids were opened and read for water and wastewater facilities in Songwood Addition, Unit Il. Bidders were Mar -Len, $42,486; Port City Construction Co., $36,598.17; Gulf Coast Industrial, $34,872.20; Bella Company, $30,752.78; Excavators and Const., $23,546.35; Greer Construction, $22,635.44; and Sabine Consolidated, $22,338.20. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve a change to 41, water line in place of 2" diameter as shown on the original construction plans and to approve Sabine Consolidated in accordance with low bid submitted in the amount of $22,338.20, contingent upon deposit with the city of this amount by Mr. Elliott, for water and wastewater facilities in Songwood Addition, Unit II. All Voted Aye. Sealed bids were opened and read for phase I, Contract I - C. Doornbos park development. Bidders were Hicks Construction, C & S Truck Linea, _Gulf Coast Industrial, Sabine Consoli- dated, Mar -Len, and Hawley Equipment. I A motion was made by Mr. Nagel and seconded by Mr. Sawyer to refer the C. Doornbos park bids to the City Manager and City Attorney for recommendation to the Council and also to approve the Addendum item concerning a project sign and the Addendum item concerning fees. All Voted Aye. Quotations were read for miscellaneous maintenance type repairs to the Fire Station building interior. Quotations were from: Ritter Lbr., $1,003.86 or Cost Plus; Buddy Porter Floor Covering, $1,318.00; and Buddy Herring, $850.00. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to refer the above described quotations to the City Manager for recommendation. All Voted,Aye,. Presentation was made by Robert W. Caldwell, Planner -in- charge, of the Comprehensive Urban Plan "Capital Improvement Program" for 1975 to 1981, and there was discussion concerning available 1 +701 Planning Fundsif for eland usef, studies and housing studies. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize payment of $39150.00 (90% of fee) to Robert W. Caldwell and Associates for compiling this program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of bills for the month of May, 1975, in the amount of $15,418.64 by General Fund Checks No. 5084- 5132 and $16,830.50 by Water Fund Checks No. 1399 -1436. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to table action on an Amendment to Ordinance No. 107 providing for 4 -Way stop signs on corner of Gary and West Chicago. All Voted Aye. 10/ Minutes Continued, June 10, 1974 A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to appoint additional members to the Bicentennial Committee as follows: Mrs. Dave Winters, Mr. Vic Tyer, Mrs. David Haltom, Mrs. Robert Waldon, Leroy Tucker, Mrs. R. D. Thornell, Mrs. Burl McIntosch, Mrs. Richard Doornbos, Glenda Vanover, Mrs. H. P. Youmans, and Edolia Hanks. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve an agreement, dated May 30 as submitted, with McNair Transport for disposal of wastewater at the waste treat- ment plant. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the "General Revenue Sharing Planned Use Report" as submitted for the period of July 1, 1975 to June 30, 1976; to authorize publication with public hearing to be conducted 6 :30 P. M., August 12, 1975, in conjunction with budget adoption; and to authorize a public hearing for 6 :30 P.M. July 8, 1975, to consider re- evaluation of all properties to 50% of present market value in accordance with City Charter. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize purchase of 325,000 plastic garbage bags - $48.73 per thousand - $15,837.00 for delivery on or about July 15, 1975, from Pak -Rite Corporation. All Voted Aye. Discussion items were as follows: 1. James Ga.bourel, request for non - dusting type parking lot for trucking firm near him. 2. Water leak on Nederland Avenue near Snow Cone place. 3. Diamond Mine, S -347, usage of dope and beer. 4. Irene Broussard, drainage problem on KCS ROW. 5. Blind corner, corner of 9th and Helena. 6. Request for Zoning Board of Appeals meeting, three mobile homes at 9th and Helena. 7. Traffic signal problems and railroad crossings bad. 8. Weed spraying of railroad property looks bad. 9. 1324 20th Street, drainage problem. 10. Removal of building on 35th Street. 11. Water leak, S -16th Street and Avenue B. 12. Patch driveway, Avenue M and S -29th. 13. Zoning violations. 14. Appointment of City Officials, Civil Defense Director and Asst., June 24. 15. Beautification program for Bi- Centennial. 16. Workmen's Compensation with Continental Insurance. 17. insurance for volunteer firemen. 18. Vacation pay for employees normally scheduled 45 hrs. per week. 19. Jim Smith to asphalt 27th Street and Helena Avenue. 20. Subsidized Housing. 21. Don Watts, Bi- Centennial Committee meeting, San Antonio, August 8 & 9. 22. Justification of Prosecuting Attorney. The meeting was adjourned at 11 :50 P. M. zz !�- n H. E. Nagel, Mayor ^� ATTEST: City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas 1, 0 8 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 23, 1975 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, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. There was discussion with members of the Plan Commission concerning present violations of the Zoning Ordinance,'enforcement of the present ordinance, and /or alternatives to consider such as approval of a light commercial zone (Neighborhood Shopping Center District) adjacent to the Commercial Zone and possibly overlapping the "Semi- Residential and Parking District" zone adjacent to Commercial as well as defining or listing the light businesses which would be permitted to locate in such a new zone. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to refer the Zoning Ordi- nance study to the plan Commission for their recommendation. All Voted Aye. Presentation of a "Capital Improvement Programll for Nederland to consider implementing during the next several years was made by Mr. Robert Caldwell of the firm of ROBERT W. CALDWELL AND ASSOCIATES, Planning Consultants. The meeting was adjourned at 8 :15 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 109 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 24, 1975 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. LeBlanc and seconded by Mr. Sawyer to approve Minutes of the meeting of June 10 as written. All Voted Aye. Bids were received and opened for fire equipment as follows: Arlington Equipment Co., $2,908.06; Arthur Dooley and Son, $2,707.86; Claude Wright and Associates, $2,977.30; and Delta Safety and Supply, $2,621.79. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to accept the low bid: of Delta Safety and Supply in the amount of $2,621.79 for the purchase of fire equipment. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a Proclamation for a six month "Beautification and Clean -up't Program to be sponsored jointly by the City and Chamber of Commerce in coordination with the Nederland Bicentennial Committee. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment to Caldwell and Associates of $1,971.59 for service fees in connection with C. Doornbos Park development, $350.00 for Capital Improvement Program plan and $250.00 for one extra trip June 23, 1975. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to rent a temporary construction office for C. Doornbos Park job from D -J Builders, Inc. at $35.00 per month. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to award C. Doornbos Park Contract #1, phase I, contingent upon bonds being supplied, as follows: Hawley Equipment: Site preparation $11,900.00 Entrance road and parking areas 89,750.00 Water feature and embankments 26,250.00 Delete lime treatment of subgrade - 6,000.00 $121,900.00 C & S Truck Lines: Water lines and appurtenances $ 7,140.00 Sanitary sewer lines and appurtenances 10,645.00 Storm sewer lines and appurtenances 8,860.00 Seeding and fertilizing 1,895.00 Slope protection cement stabilized shell -sand) 6,265.00 34,805.00 TOTAL $156,705.00 All Voted Aye. 110 Minutes Continued, June 24, 1975 A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize transfer of Workmen's Compensation insurance coverage from Joiner Insurance to Texas Municipal League for a period of one year effective July 1, 1975. Messrs. Sawyer, Nagel, Nugent and Gillespie Voted Aye. Mr. LeBlanc Voted No. A motion was made by Mr. LeBlanc and seconded by.Mr. Nagel to authorize the City Manager to investigate the aspects of the "Section 8 Existing Housing Act" for rent supplement program.. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to reappoint the following officials as designated by the City Charter for a period of one (1) year from June 30, 1975, as follows; 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 and A. W. Sattler, Fire Marshal. All Voted .Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to reappoint Civil Defense officials in accordance with ordinance 187 for a period of one year from June 30, 19759 as follows: Jerry McNeill,-Director; and Vincent Grillo, Assistant Director. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize attendance and expenses of an additional_ volunteer to Texas A & M Fire School July 20 -25 (total - Nederland Fire Chief, one full time fireman, one and one -half volunteer.fireman ; and to increase insurance coverage for Volunteer Firemen for injuries while fighting fires. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to award quotation for re- pairs to Fire Station Building interior-to Buddy Herring at $850.00 in accordance with low quotation received. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve a change order on Songwood Addition sewer. lines from 8" clay to truss pipe as recommended by engineers, developer, etc..- All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve purchase of 100 additional copies of the Robert Caldwell and Associates, Incorporated, Capital Improvement Program Study and additional maps as the City Manager determines necessary. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to sign the cover sheet to the Texas Highway Department U. S. 69 Improvement Project from 'near Helena Avenue to just North of Spurlock Road. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize Chairman Don Watt, Nederland Bicentennial Committee, to attend and expenses) the Statewide Seminar in San Antonio, August 8 -9. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table action on Amendments to Zoning ordinance No. 146. All Voted Aye. Discussion items were as follows; 1. parking at Diamond Mine causing blind corner. 2. parking at Carrie's Beauty Shop, Avenue H and S -14th, causing vision problem. 3. Parking problem, 15th and Helena. 4. parking on sidewalks in Helena Park. 11.1 Minutes Continued, June 24, 1975 5. Illegal parking of mobile homes. 6. Amendment of mobile home park ordinance to increase rates. 7. 612 S -10th Street, Mike LeFleur. 8. Public Hearing -on re— evaluation, submitting budget, submitting ordinance revising utility rates, increasing tax exemption to $3,750, letter to industry asking for similar contribution, increasing-retirement plan, etc: - 9. Authorize work with County on Helena, 27th Street, Avenue H. 10. S -16th Street in Wagner_Addition. 11. Highway Department Policy Committee meeting — Traffic Safety Coordinator. 12. Port Arthur C of C Hurricane Protection System, July 2, 3 -5 p.m. 13. Utility School, Safe Drinking Water Act, A. A. Salter, Austin. 14. Emergency vehicle_ for fire department. 15. Annual bids. 16. Five letters read. 17. Baseball game. The meeting was adjourned at 10 :10 P. M. ATTEST: Alta Fletcher, City Secretary 1 H. E. Nagel, Mayor REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 8, 1975 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. LeBlanc and seconded by Mr. Gillespie to approve Minutes of the meetings of June 23 and June 24 as written. All Voted Aye. Presentation of a portrait of M. J. (Johnny) Cormier, deceased Fire Chief /Fire Marshal of Nederland Fire Department, was made by Russell Fontenot, President, in behalf of the Nederland Volunteer Fire Department; and presentation was made of a plaque by Marshall Allen in behalf of the Sheriff's Posse. A Proclamation was read proclaiming the week of July 14 through July 20 as "Johnny Cormier Week" as requested by Russell Fontenot, President, Volunteer Fire Department. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to accept the above described presentations and to approve the Proclamation as read. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve renewal of lease agreement with Retired Senior Volunteer Program of South East Texas Regional Planning Commission for one (1) year and authorization of resolution. 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 Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission) is desirous of leasing the building and premises to be used as a Retired Senior Citizen Facility, the City is desirous if leasing same; and WHEREAS, the City of Nederland has agreed to enter into a lease agreemtne with the Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission); 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 the Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission) for a period of one (1) year for a lease in the amount of $480.00 per month, to be contributed by the City of Nederland as an in kind contribution for services rendered beginning on the 1st day of July, 1975, and the City Secretary is authorized to attest to same and affix the seal of the City of Nederland to said lease. PASSED by the City Council this 8th day of July 1975. CITY OF NEDERLAND H. E. Nagel ATTEST: Rayor Alta Fletcher City Secretary 13 Minutes continued, July 8, 1975 THE STATE OF TEXAS i ' COUNTY OF JEFFERSON I On this the 8th day of July, 1975, the City of Nederland, Jefferson County, Texas by and through its duly elected officers, hereinafter referred to as a Lessor, have entered into the following Contract and Agreement with the Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission), hereinafter referred to as Lessee, to -wit: The premises to be leased is the Opportunity Center building and fenced premises located at 920 Boston Avenue, Nederland, Texas. The term of the lease shall be for one (1) year, beginning on the lst day of July, 1975. For and in consideration of this lease, Lessee shall pay to Lessor $480.00 per month, to be contributed by City of Nederland as "in kind" contribution for services rendered; The Opportunity Center building and fenced premises is to be leased to the Lessee, to be used as a Retired Senior Citizen Facility; primarily as a necessity and convenience to this segment of our citizenry. There shall be no alcoholic beverages sold or consumed on the premises. The Lessee must keep a public liability insurance policy in effect for a minimum of $ 1009000.00/$300,000.00 /$50,000.00 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 Retired Senior 1 Volunteer Program, P. 0. Drawer 1387, Nederland, Texas 77627. The Lessee here -in shall not make any alterations to the leased premises without permission from the Lessor. The Lessor shall furnish the electricity, natural gas, water, sewer and garbage estimated to amount to $300.00 during the term of this lease; mowing estimated to be $720.00; and building upkeep and maintenance of $909.00 (approximately). WITNESS OUR HANDS this the 8th day of July, 1975. CITY OF NEDERLAND S/H. E. NAGEL Mayor ATTEST: S/ALTA FLETCHER City Secretary S/WINNIE RUTLEDGE Winnie Rutledge, Program Director Retired Senior Volunteer Program ATTEST: IChairperson, R.S.V.P. Advisory Council 114 Minutes continued, July 8, 1975 Agreement continued. THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME the undersigned authority on this day personally appeared H. E. Nagel, 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 purpose and consideration therein expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of July 1975. S{ARABELLE CLIFT Notary Public in and for Jefferson County, Texas THE STATE OF TEXAS I COUNTY OF JEFFERSON I BEFORE ME the under signed authority on this day personally appeared Winnie Rutledge, Program Director, Retired Senior Volunteer Program, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1975. Notary Public in and for Jefferson County, Texas A Public Hearing was held in connection with authorization of a general increase in assessment base by 10 %, from 40% to 50% of current market value, in accordance with Article VIII of the City Charter. No protest was made known. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize an increase in assessments from 40% to 507„ of current market value. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize the following Amendment to Ordinance No. 277 increasing the assessed valuation exemption for home- steads of citizens 65 years, or older, from $3,000 to $3,750. All Voted Aye. AMENDMENT TO ORDINANCE NO. 277 AN ORDINANCE WHICH PROVIDES THAT NOT LESS THAN THREE THOUSAND SEVEN HUNDRED FIFTY 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. 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 1 1 115 Minutes continued, July 8, 1975 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, 1975, Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) 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, between 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 1st of each year for which the exemption 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 Equal- ization upon recommendation of Tax Assessor and Collector) and shall initially furnish proof of age by certified 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, 1975. Section 4. This being an Ordinance not requiring a penalty, it shall take effect from and after its passage. READ, ADOPTED, AND APPROVED this 8th day of July, A.D., 1975 at a regular meeting of the City Council of the City of Nederland, Texas. S /H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: S /ALTA FLETCHER City Secretary, City of Nederland, Texas 116 Minutes continued, July 8, 1975 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. Sawyerand seconded by Mr. Nugent to authorize an Amendment to Mobile Home Park Ordinance No. 259 providing for an increase in monthly parking permit fee to $3.75 per month. All Voted Aye. Effective October 1, 1975 AN AMENDMENT TO ORDINANCE NO. 259 AN AMENDMENT TO ORDINANCE NO. 259 PROVIDING FOR AN INCREASE IN MONTHLY PARKING PERMIT FEE FOR EACH OCCUPIED TRAILER SPACE AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION II - PARKING OUTSIDE A TRAILER PARK PROHIBITED In addition to other fees, as outlined in the Ordinance, each licensee is hereby required to remit to the City Tax Collector of the City of Nederland on the lst day of each month a monthly parking permit fee of $3.75 for each occupied trailer space. Said fee shall be paid to the City Collector on or before the 10th day of the month following the month for which such parking permit fee is due. The licensee of a park shall be liable for the monthly parking permit fee for any trailer house occupying space therein. SECTION XIII Any person found guilty of violating any provision of this Ordinance shall be deemed guilty of a misdeamnor and subject to a fine not to exceed Two Hundred ($200.00) Dollars, and each day such violation exists shall constitute a separate offense and be punishable as such hereunder. PASSED AND APPROVED BY THE CITY COUNCIL this 8th day of July A.D., 1975. 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 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. Nugent to authorize a letter to industries located in the industrial District of Extraterritorial Jurisdiction Agreement requesting an increase in contributions under industrial agreements. All Voted Aye. Iii Minutes continued, July 8, 1975 A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to accept the submitted proposed 1975 -1976 Budget and to approve a Resolution setting a Public Hearing for 6 :30 P.M., August 12th, for adoption of same. All Voted Aye. RESOLUTION 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, 1975, AND ENDING SEPTEMBER 30, 1976. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenue of all city department activities, and offices for the Fiscal Year beginning October 1, 1975, and ending September 30, 1976, 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 expenditures in each of the various departments of the City of Nederland for the Fiscal Year beginning October 1, 1975, and ending September 30, 1976, is hereby accepted and a Public Hearing is hereby set for 6 :30 p.m., August 12, 1975, 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 8th day of July, A.D., 1975. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST - ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize the "French House" committee to relocate the air- conditioning/heating unit from the front section of old City Hall, 908 Boston Avenue, to the French House Museum, All Voted Aye, A motion was made by Mr. Gillespie and seconded by Mr, Nugent to approve the following Resolution concerning rates charged industrial wastewater plant users (future) as requested by U. S. Environmental Protection Agency. All Voted Aye. RESOLUTION WHEREAS, the City of Nederland, Texas has applied for, has been offered, and has duly accepted a grant from the Environmental Protection Agency for construction of Wastewater Treatment Facilities, project WPC- Tex -630, in accordance with Public Law 84 -660, Title 18, Sec. 8, 33 U.S.C. 466 et seq., and the rules and regulations thereto; Now, therefore, be it resolved by the City of Nederland, Texas, that the Environmental Protection Agency be advised that the City of Nederland, Texas does not have Industrial Waste Customers and can not establish a realistic recovery and user charge; .r 11M Minutes continued, July 8, 1975 Be it further resolved that the City of Nederland, Texas will establish an Industrial User Charge and an Industrial Cost Recovery Charge when Industrial Waste Users are served, and that Industrial User Charge and Industrial Cost Recovery Charge will be in accordance with Rules and Regulations established by the Texas Water Quality Board, the Environmental Protection Agency and /or other regulatory agency. Passed, approved, and adopted this 9th day of July, 1975. S /H. E. NAGEL Signature and title of official governing body Homer E. Nagel, Mayor Authorized Representative ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize A.A. Salter, Water and Wastewater Superintendent, to attend, and expenses, a conference on the "Safe Drinking Water Act" in Austin, July 17th and 18th; and to approve attendance of two employees, W. C. Baxter and Richard Robin, to the Wastewater School, July 14 -25, City of Orange, $22.00 each„ All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize Robert W. Caldwell and Associates, City Planners, to proceed with Plans /Specification preparation on Phase I. Contract 2, "C. Doornbos Park ": Park shelter and restrooms, walkways, three (3) tennis courts, playground equipment, maintenance shed, picnic areas, electrical and landscape lighting, underground irrigation and tree planting. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve addition of re- blacktopping of South 16th Street from Avenue J to F.M. 365 to the current street program. 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., August 12, for semi - annual /annual supply bids. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize advertisement for bids to be received 6:30 p.m., August 12, for cleaning and mowing per Ordinance No. 78 of twenty -eight (28) parcels of property. All Voted Aye. Discussion items were as follows: 1. TML meeting, July 17, Sunset Grove Country Club, Orange. 2. Request for street market at Avenue B and South 25th Street. 3. Mowing of KCS ROW. 4. 500 Block of 27th Street rough where street was patched. 5. 412 S. 4th Street, poultry nuisance. 6. Revenue Sharing - large cities lobbying to get smaller cities eliminated. 7. Park sign. 8. Ballgame, August 16th, 1:00 p.m. 9. MCML meeting, City Hall, Port Neches, July 15, 7 :00 p.m. Minutes continued, July 8, 1975 IDiscussion items, continued 1 119 10. French House Committee request from chairman, donation for books to put in library. 11. School at A S M next Wednesday, July 23rd. 12. Amendment to Water Rates Ordinance No. 155 next meeting. 13. Letters to Newton and Company, Jay Garth, Armstrong, etc. 14. News release on trash pickups. 15. Clean -up program. 16. Retirement Ordinance on August 12th agenda. 17. Resolution on Mrs. Newberry's transfer of service from County to City. The meeting was adjourned at 9:15 p.m. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas i - H. E. Nagel, Mayor c City of Nederland, Texas 120 REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 22, 1975 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. Members absent were Mr. R. D. Sawyer and Mr. H. E. Nagel. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve Minutes of the meeting of July 8 as written. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve payment of Invoice 374 -511 to Chas. R. Haile Associates, Inc. in amount of $9,587.99 for professional services toward constructing an "infiltration - inflow" analysis study of Nederland's sanitary sewer system. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve "non - designation" of certain thoroughfares from the "Federal Aid Urban System" as indicated on the submitted map. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of bills for the month of June in the amount of $11,241.13 by General Fund Checks No. 5180 -5230, $139292.47 by Water Fund Checks No. 1453 -1486, $239986.08 by Revenue Sharing Checks No. 204 -207, a total of $48,519.68. All Voted Aye. Discussion items were as follows: 1. Diamond Mine complaints. 2. James Gabourel, trucking company causing dust nuisance. 3. Growth of weeds around stop signs. 4. policy for opening an alley. 5. Street light request for Orange and 14th St. 6. Washington Report, Revenue Sharing outlook good. 7. Agenda items for meeting of August 12. S. Hiring of four additional "B" laborers. 9. purchase of ad in annual publication of National Guard. 10. Request for rezoning. 11. Report on Summer Recreation Program. 12. Minibike usage of portion of property at Service Center. 13. Reception for B. L. DeBerry, Red Carpet Inn, July 24. The meeting was adjourned at 7:55 P. M. ATTEST: R.`A. Nugent, ayor Tempore r City of Nede and, Texas Alta Fletcher, City Secretary City of Nederland, Texas l'AM,l SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 5, 1975 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 Special Meeting of the City Council was called by the Mayor for the purpose of discussing and taking action on whether or not to oppose an amendment to the gas supply contract with Southern Union Gas Company and United Texas Transmission Company at a hearing to be held by the Texas Railroad Commission on August 18, 1975. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve and adopt a Resolution authorizing the City Attorney to file a protest to the Railroad Commission of the State of Texas in the matter of application of United Texas Transmission Co. for approval of amendments to gas suppliers agreement with Southern Union Gas Company. All Voted Aye. RESOLUTION A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE A PROTEST TO THE RAILROAD COMMISSION OF THE STATE OF TEXAS IN THE MATTER OF APPLICATION OF UNITED TEXAS TRANSMISSION CO. FOR APPROVAL OF AMENDMENTS TO GAS SUPPLIERS AGREEMENT WITH SOUTHERN UNION GAS COMPANY. WHEREAS, the City of Nederland has been notified that United Texas Trans- mission Company has applied to the Railroad Commission of the State of Texas to amend the gas supply agreement between United Texas Transmission Company and Southern Union Gas Company and dated December 17, 1971, which could ultimately have a substantial effect on the rates of Southern Union Consumers in the City of Nederland; and, WHEREAS, said hearing has been set on August 18, 1975, and any protest must be filed by August 8, 1975; and, WHEREAS, the City Council questions whether such amendments are supportable as a matter of law and as a matter of public interest; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: THAT the City Attorney is hereby authorized and instructed to file a formal protest with the Railroad Commission in the matter of the application of United Texas Transmission Company to amend their gas supply agreement of December 17, 1971, with Southern Union Gas Company and urge that the Railroad Commission deny the request for said Amendments; and, THAT a copy of this Resolution be dispatched to the Railroad Commission of Texas with the protest; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. r — 122 Minutes Continued, August 5, 1975 READ, ADOPTED, AND APPROVED this 5th day of August, A.D., 19759 at a Regular Meeting of the City Council of the City of Nederland, Texas, by the following vote: AYES: R. D. Sawyer, C. N. LeBlanc, H. E. Nagel, R. A. Nugent and E. T. Gillespie, Jr. NOES: None HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas APPROVED AS TO FORM: W. EVERETT SANDERSON City Attorney, City of Nederland, Texas The meeting was adjourned at 6 :55 P. M. H. E. Nagel, M or City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary 1 123 SPECIAL MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND August 5, 1975 The meeting was called to order at 7:00 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 Special Meeting of the City Council was called by the City Manager for the purpose of discussion of propositions as shown on listing of "Future Agenda Itemsit and for discussion and communications relating to operation of City Government in accordance with Nederland's Home Rule Charter and the laws of the State of Texas. Mr. Roland Ferguson was present to protest extension of the Guidry Mobile Home Park to his property. �- , ' Alta Fletcher, City Secretary City of Nederland, Texas Mr. C. R. Moses was present to discuss complaints received because of noise made by band during practice sessions at the mini— storage building, 1000 Block Boston Avende. Other discussion items were as follows: 1. parking facility requirements for a church. - 2. Blind corner, Boston and 10th. 3. Public hearing on 1975 -1976 annual budget. 4. Increase in sanitary landfill user charges. 5. Increase in police dispatch user charges. 6. Report on Equalization Board hearings. 7. Ordinance revising retirement plan. 8. Bids for mowing and cleaning of several pieces of property. 9. Report on summer recreation program. 10. Bids for annual /semi annual supplies. 11. Section 8 housing assistance program. 12. Resolution providing for transfer of Barbara Newberry. 13. Application for Housing and Urban Development grant. 14. Certificate of recognition. 15. payment of Estimate No. 1 on C. Doornbos Park Development contracts. 16. Approval of change order on C. Ddornbos Park Job. 17. Advertisement for bids for plastic bags. 18. Attendance of John Bamber to Texas A & M Traffic Engineering Short School. The meeting was adjourned at 8 :40 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: �- , ' Alta Fletcher, City Secretary City of Nederland, Texas 124 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 12, 1975 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. H. E. Nagel, 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 meeting of July 22 as written. A11 voted Aye. Bicentennial chairman Don Watt gave a brief report on his trip to San Antonio to the Texas Folklife Festival and a Bicentennial Conference on August 7 -10. A certificate of recognition from the Governor's Community Achievement Program of the Beautify Texas Council was presented to the Mayor and City Council by the Nederland - Port Neches Board of Realtors. A slide presentation and a brief report were presented to the Council by Mr. Gene Hebert. Mr. Hebert made several recommendations for next year's program. Mayor Nagel said these recommendations would be considered by the Council at a future date. Report by Leo Tucker on 1975 Equalization Board hearings. Twenty -three people appeared , before the Board. Motion made by Nugent and seconded by Gillespie to accept the report and to authorize payment for member's services. Those reduced were as follows: H. R. Robinson Lot 34, Blk 6, Hillcrest -2 Reduce $360 B. N. Luttrell Airport Towers Reduce $86,875 Mrs. A. L. Lipscomb Rent properties Reduce $100 Mrs. K. A. Mace Lot 4, Holland, Tract 7 Reduce $900 R. A. Hernandez Lot 18, Block 11, Youmans Reduce $500 Clarence H. Hailey Lot 19, Block 6, Airport Reduce $1,200 M. R. McGaffey Lot 4, Block 4, Hilicrest -2 Reduce $1,200 Bids were received and opened for mowing and cleaning of several lots tracts as follows: G. S. Sturdivant, Sr. in the amount of $74.50 ,john R. Wilson, $115.00; Joe Cureton, $143.00. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to accept the low bid of G. S. Sturdivant, Sr. in the amount of $74.50 for mowing and cleaning of several lots tracts. All voted Aye. Bids were received and opened for annual /semi annual supplies as follows: sixteen (16) for waterworks supplies; nine (9) for chemicals; three (3) for tires for rolling equip- ment; no bids for concrete drainage pipe;. two (2) for sewer pipe; eleven (11) for street signs. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to refer all bids to the City Manager for tabulation and recommendation. All voted Aye. 125 Minutes continued, August 12, 1975 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt Ordinance #289 - allocating taxes - and to adopt the budget with the addition of one extra holiday. All voted Aye. ORDINANCE N0. 289 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 1975, 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 Five (1975) 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 maintenance and support of General Government (General Fund) 67.66% of each One ($1.00) Dollar levied on the 1975 Tax Roll. (b) For the purpose of paying interest and principal on Seventy Thousand $70,000.00) Dollar Water Works Tax Bonds, Series 1956, .77% of each one $1.00) levied on the 1975 Tax Roll. (c) For the purpose of paying interest and principal on Sixty Five Thousand Five Hundred ($65,500.00) Dollar Fire Station Bonds, Series 1957, .74% of each One ($1.00) Dollar levied on the 1975 Tax Roll. (d) For the purpose of paying interest and principal on the Seven Hundred Seventy Five Thousand ($775,000.00) Dollar Water and Sewer Improvement Bonds, Series 1959, 6.24% of each One ($1.00) Dollar levied on the 1975 Tax Roll. (e) For the purpose of paying interest and principal on Three Hundred Twenty Five Thousnad ($325,000.00) Dollar Water and Sewer Improvement Bonds, Series 1960, 2.10% of each One ($1.00) Dollar levied on the 1975 Tax Roll. (f) For the purpose of paying interest and principal on Two Hundred Twenty Five Thousand ($225,000.00) Dollar Water and Sewer Improvement Bonds, Series 1961, 1.69% of each One ($1.00) Dollar levied on the 1975 Tax Roll. (g) For the purpose of paying interest and principal on the Twenty Thousand ($20,000.00) Dollar Station Bonds, Series 1962, .15% of each One ($1.00) Dollar levied on the 1975 Tax Roll. (h) For the purpose of paying interest and principal on the Five Hundred Thousand ($500,000.00) Dollar Street Improvement Bonds, Series 19629 3.23% of each One ($1.00) Dollar levied on the 1975 Tax Roll. 126 (i).: For the purpose of paying interest and - principal on the Three Hundred Thousand ($300,000) Dollar Street Improvement Bonds, Series 1963, 2.12$ - of each One ($1.00 Dollar levied on the 1975 Tax Roll. (j) For the purpose of paying interest and principal on the One Million Eighty Thousand ($1,080,000.00 Dollar Street Improvement Bonds, Series 1967, 6.63% of each One ($1.00) Dollar levied on the 1975 Tax Roll. (k) For the purpose of paying interest and principal on the Four Hundred Fifty Thousand ($450,000.00) Dollar Street Improvement Bonds, Series 1969, 4.98% of each One ($1.00) Dollar levied on the 1975 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, 3.69% of each One ($1.00) Dollar levied on the 1975 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 1975. SECTION III That the ad valorem taxes herein levied for the year 1975 shall become due January 1, 1976, though payable on the first day of October, 1975, and may be paid up to and including the following January 31, 1976, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1976, 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, 1976, eight (8 %) percent penalty. Such unpaid taxes shall bear interest rate of 6% per annum from February 1, 1976, the same being the next year succeeding the year 1975; and if paid on or after the 1st day of July, 1976, 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, 1976, 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 12th day of August, 1975• ATTEST: ALTA FLETCHER H. E. NAGEL H.E. Nagel, Mayor City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: City Attorney - W.E. SANDERSON 27 Minutes continued, August 12, 1976 A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt an amendment to Ordinance #155 revising rates of utilities effective the October billing and to authorize amending rates to outside city utility customers. All voted Aye. AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD WATER, GARBAGE, AND SEWER RATES, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS. WHEREAS, a revision should be made in the rates for water, garbage, and sewer services 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: Residential and Commercial: Inside Outside Outside City Residential (per month City City A - First 2,000 Gallons (Minimum) $ 2.00 $ 4.00 B Next 2,000 Gallons (Per M) 1.00 1.00 Next 16,000 Gallons (Per M) .6o .6o All over 20,000 Gallons (Per M) .50 •50 *SEWER RATES 26.25 E Residential (Per Month) 2,000 Minimum $ 2.00 $ 4.00 Next 6,000 Gallons (Per M) .40 .80 All over 8,000 Gallons .40 .40 Commercial per Month) 2,000 Minimum 2.00 4.00 Next 6,000 (per M) .40 .80 All over 8,000 Gallons (per M) .40 .40 *Or as required by provisions of outside city contracts GARBAGE RATES Inside City Outside City Residential (per month $ 3.50 $ 5.25 6.25 A - Commercial (per month) 4.00 6.00 8.25 B - Commercial (per month) 8.25 15.25 C- Commercial (per month) 10.75 18.25 D- Commercial (per month) 14.75 26.25 E - Commercial (per month 18.75 34.25 F - Commercial (per month) 23-75 44.25 G - Commercial (per month 2x.75 54.25 - Commercial (per month) }j 38.75 74.25 94.25 I I - Commercial per month 48.75 J - Commercial per month 128 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 invalid or unconstitutional. - 3• This Amendment to ordinance No. 155 shall become effective with the October, 1975 billing. PASSED AND APPROVED by the City Council, City of Nederland, Texas at a Regular Meeting this the 12th day of August, A.D., 1975• HOMER E. NAGEL — Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary — City of Nederland, Texas W. E. SANDERSON — City Attorney City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve an amendment I to Ordinance #216 revising the retirement plan with Texas Municipal Retirement System from 5% of $4,800 to 7% of $4,800. All voted Aye. AN AMENDMENT TO ORDINANCE N0. 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. 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 seven per cent (7 %) of the earnings of each employee, and in determining the deposits to be made on account of such service the earnings of any employee of any such department in excess of the sum of Forty Eight Hundred Dollars $4,800.00) in any one year shall not be considered. Passed and approved this the 12th day of August, 1975, to become effective , October 1, 1975• unmpn F WAGF.i, - MaVOr ATTEST: ALTA FLETCHER — City Secretary W F SANDERSON — City Attorney 129 Minutes Continued, August 12, 1975 A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize an increase in Sanitary Landfill user charges from $.50 to $.60 per customer per month, effective October 1975 billing. All voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer authorizing an increase in Police Dispatch user charges effective October 1, 1975 billing, from 8.5 cents to 10 cents per capita per month of participating entities, contingent upon the approval of cities of Port Neches and Groves. All voted Aye. A motion waa made by Mr. Nagel and seconded by Mr. Nugent to authorize attendance of City officials to a meeting in Dallas with the Department of Housing and Urban Develop- ment regarding the proposed Section 8 Housing Assistance Program for Nederland, All voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize preparation of a full application for Housing and Urban Development grant of $91,160.00 to provide city utilities in Clayton Addition and to Nederland High School. All voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to accept the Citizens Advisory Committee's endorsement of the Comprehensive Plan Capital Improvement Program as prepared by Robert W. Caldwell and Associates covering Nederland's needs to 1994. All voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize payment of Estimate #1, C. Doornbos Park Development, to Hawley Equipment for $19,980.00. All voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize advertisement for bids to be received 6;30 P.M., September 9, 1975, for one year plastic bag needs - 900,000. All voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize John Bamber,. Director of Public Works, attendance and expenses to Texas A & M Engineering Short School August 12 -14. All voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize two (2) employees of Wastewater Department to attend Lamar University Water and Wastewater Short School. All voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize employment of two (2) V.O.E. students - one for City Hall and one for the City library. All voted Aye. A motion wad made by Mr. Nagel and seconded by Mr. Nugent to re- appoint members of the Nederland Bicentennial Committee for one (1) year and add Mrs. Kenneth Fulgham and Carolyn Dessommes. All voted Aye. A motion was made by Mr. Nagel and seconded by Mx. Nugent to re- appoint members of the Citizenfs Advisory Committee for one (1) year. All voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize expense of $29.00 for attendance of Jerry McNeill, Civil Defense Director, to 1975 Regional V Civil Defense Council Conference in Houston. All voted Aye. 1 (1 0 Minutes continued, August 12, 1975 A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to adopt a resolution providing for the transfer of Barbara H. Newberry from County employment to City employment as librarian. All voted Aye. RESOLUTION A RESOLUTION TRANSFERRING THE EMPLOYMENT OF BARBARA H. NEWBERRY FROM JEFFERSON COUNTY, TEXAS, TO THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND GRANTING HER ALL THE RIGHTS OF A CITY OF NEDERLAND EMPLOYEE THAT HAS BEEN WITH THE CITY OF NEDERLAND EMPLOYED ON NOVEMBER 14, 1966. WHEREAS, Barbara H. Newberry has been an employee of Jefferson County, Texas in the capacity of Librarian in the Nederland Library since November 14, 1966; and, WHEREAS, on October 1, 1975 the County of Jefferson will cease to contribute any funds to the Nederland Library or retain Barbara H. Newberry in its employment; and, WHEREAS, the City of Nederland is desirious of maintaining the Library and employing Barbara H. Newberry as a librarian for the City Library; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:' THAT as of October 1, 1975, Barbara H. Newberry shall be an employee of the City of Nederland and shall have all the rights of an employee of the City of Nederland that was employed on November 14, 1966 except that Barbara H. Newberry's city retire- ment benefits shall begin on October 1, 1975 and her benefits under the City of Nederland group hospitalization plan shall begin January 1, 1976. ALSO, BE IT RESOLVED THAT the City of Nederland shall pay for Barbara H. , Newberry's premiums on her present hospitalization insurance until January 1, 1976. READ, ADOPTED, AND APPROVED this 12th day of August , A.D., 1975, at a Regular Meeting of the City Council of the City of Nederland, Texas. H. E. NAGEL Mayor, 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 1 131 Minutes continued, August 12, 1975 A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize payment to Sabine Consolidated estimate #1 for water and sewer from Songwood subdivision Unit II Escrow account in the amount of $8,041.75• All voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of bills for month of July. All voted Aye. Discussion items were as follows: 1. Drainage problem — Avenue "M" and South 14th Street; missed garbage bags. 2. Drainage problem — Avenue "B" and South 27th Street. 3• Street repair — 27th Street and Helena Avenue. 4. Street repair — 31st Street and Helena Avenue. 5• Street repair — Avenue "B" and South 32nd Street. 6. Grass cutting at several locations. 7. Baseball game. The meeting was adjourned at 10 :25 P.M: F1 ATTEST: Es her Pankhurst, Acting City ecretary City-of Nederland, Texas 1 H. E. Nagel, Mayor City of Nederland, Texas 132 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I August 26, 1975 The meeting was called 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 H. E. Nagel was absent. A motion was made by Mr. LeBlanc and seconded by Mr. Sau�rer'to approve Minutes of August 12, 1975 meeting as written. All Voted Aye. Mrs. Shillette and others were present to request the City to provide a dirt bike trail for use by the public and to present a petition of approximately 200 signatures -for same. They also requested to be notified whenever this is considered as a future agenda item. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie,to table action on awarding water works bids, to purchase liquid chlorine from J. W. Jones, Inc., liquid alum basis from Stauffer Chemicals, liquid caustic from J. W. Jones, Inc., hydroflourosilic acid from Thompson - Hayward, tires from M & M Tire and Appliance, sewer pipe from Can- Tex.Indus- tries, and street signs from Specialty Sign Manufacturing Co., all on the basis of their low bid submitted. All Voted Aye. There was a group present who were interested in rezoning of the old Central Junior High School property. They were told it would be on the agenda at the next meeting. , A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to accept and approve Minute Order Number 70339 providing for terms of reconstruction of grading, structures and sur- facing by the State Department of Highways and public Transportation from US 69 to the East city limits along Nederland Avenue, a distance of approximately 2.8 miles. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the following Amendment to Ordinance No. 147. All Voted Aye. AN AMENDMENT TO ORDINANCE 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE,CITY OF NEDERLAND, TEXAS: ARTICLE III Section 6 That from the passage of this amendment on the 26th day of August, A. D., 1975, the Friday following Thanksgiving Day shall be observed as an official holiday. PASSED AND APPROVED by the City Council, at a regular meeting, this the 26th , day of August, A. D. 1975• ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas H. E. NAGEL Mayor, City of Nederland, Texas 133 Minutes Continued, August 26, 1975 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize advertising for and setting of a public hearing for 6 :30 P. M. September 9 and 6 :30 P. M. September 23 relating to citizen involvement in the Housing and Urban Development community de- velopment Block Grant Program. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize payment from the C. Doornbos park Fund as follows: C & S Truck Line - Estimate No. 1, $14,921.32; and R. W. Caldwell and Associates, Estimate No. 1, $952.00. All Voted Aye. A motion was made by Mr, LeBlanc,and seconded by Mr. Sawyer to approve Change Order No. 2, C. Doornbos Park Project, for a total of $300.00 addition to C & S Truck Line Inc. con- tract and Change Order No. 2 to Hawley Equipment Incorporated providing for no change in the contract. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize receiving of bids 6 :30 P. M. September 23 for maintenance of city owned airconditioning and heating equipment. All Voted Aye. An Executive Session was conducted with City staff regarding pending litigation. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize the City Attorney to proceed with litigation that is pending. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize an addition to the Fire Station repair contract with Buddy Herring for installation of outdoor /indoor carpeting in the dispatching room, sitting area and connecting hallway at the cost of $350.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize Mayor Nagel to participate with other cities in the employment of Haskins and Sells (at the expense of Southern Union Gas Company) to provide a cost analysis and recommendation concerning a gas increase request recently filed by Southern Union Gas Company. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize the purchase of one Hytrol Model A Aluminum Conveyor 101, wide x 20' long with guide, raile, Zhp single phase electric motor from Brance- Krachy Company at a cost of $1,627.43 net. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve and authorize a letter to Mr. Lloyd Hayes concerning development of the Park Central project adjacent to Nederland. All Voted Aye. Discussion items were as follows: 1. Letter from Neches Butane, Mr. Gardiner, concerning fire drill field. 2. Payment of Mr. Henson's expenses to Austin on September 5. 3• Mr. Potter's reply on traffic signals. 4. Preliminary plan for police station and library. 5. Dallas and Austin meetings. 6. Consideration of an amendment to Ordinance No. 146. 7• Chamber of Commerce request for participation in Christmas lighting. 8. Neushaffer and Browning, Auditors. 9• Renewal of insurance. 10. Final payment of grant. 134 Minutes Continued, August 26, 1975 11. Colonial uniforms for Bicentennial. 12. Sewer plant beams and channels. 13. Rezoning-'of old Central Junior High property. 14. French books received. The meeting was adjourned at 10 :00 p. M. � Ll' R. A. Nugent,/Iffyor pro Tempore City of Nedeiqland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 113'5 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 9, 1975 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 and Mr. Sam Gillespie., Mr. R. A. Nugent was absent. 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 motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize the Nederland Bicentennial Committee to decorate some fire hydrants along commercial streets upon authorization of the State Board of Fire Insurance. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the recommendation from the Nederland Planning Commission to NOT approve rezoning from Residential to Semi - Residential and Parking District of that area bounded by Avenue "Bn between 12th Street and 13th Street. Messrs. Sawyer, Nagel and Gillespie Voted Aye. Mr. LeBlanc Voted No. Mr. Gillespie had an emergency call and left the meeting at 7 :00 P. M. A Public Hearing was conducted in accordance with requirements of the Department of Housing and Urban Development Act of 1974 #570.03 (e) (2) for adoption of City of Nederland 1975 Community Development Project consisting of the installation of sewer lines and appurtenances within Clayton Addition, and if sufficient funds are available, to extend same so as to permit abondonment of sewer lift station serving Nederland High School. No viewpoints were expressed in favor of or in opposition to by any of the citizens present. The Hearing was tape recorded,and an attendance record is on file. Sealed bids were received, opened and read for purchase of 900,000 plastic garbage bags. Bids were received from Pakrite Plastics, The Huckster Co., Arrow Industries, Adams Industries, St. Regis paper Co., and Mobil Chemical Co. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to refer the bids for garbage bags to the City Manager and his staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve the preliminary plans for police Station and Courtroom as presented by Murphy Vaught, Moore, Stansbury and Vaught Architects, at a fee of 8-12% of construction cost when authorized by the electors. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize Charles R. Haile and Associates to prepare plans and specifications for baffles to be installed in the chlorine contact chamber of the wastewater treatment plant in order to correct the vio- lation (citation #644) of the Texas Water Quality Board. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize employment of ' Neushafer & Browning, Certified Public Accountants of Beaumont, to construct the annual audit report and Revenue Sharing Audit Report within ninety (90) days from the end of the fiscal year estimated not to exceed $2,850.00. All Voted Aye. - e 136 Minutes Continued, September 9, 1975 A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to award bid for water works supply to the low bidder, Western pipe, for total of $13,821.33 with credit of $2.50 per I junk meter traded in. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment to Sabine Consolidated Incorporated from Developer's Escrow Account for water and sanitary sewer improvement in Songwood Subdivision Unit II, Estimate No. 2, in the amount of $4,490.57. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve payment from C. Doornbos Park Fund as follows: Hawley Equipment Company, Inc., Estimate No. 2, $16;681.50; and R. W. Caldwell and Associates, Estimate No. 2, $337.41. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve attendance and expenses of City Manager to Texas Municipal League meeting in Austin on September 5. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize final payment to Buddy "Herring'in" "the amount of $850.00 for work done on the fire station project. All Voted Aye. Mr. R. A. Nugent came in at 8:30 P. M. A motion was made by Mr. Nagel and seconded by Mr. Nugent' "to authorize receiving bids on equipment 6 :30 P. M., October 14, as follows: 3 2ton pickup trucks, 1 -;/4 ton pickup truck, 2- standard 2-ton dump trucks with bodies, 1 =1 ton truck chassis with a flat -bed body, 1 -2 ton trash truck "chassis and body, and 2 -4 door police cars. All Voted Aye. A motion was made by Mr.-LeBlanc and seconded by Mt. Sawyer to authorize attendance and expenses for three (3) employees to attend "a'Short School in Orange, beginning September 22 and continuing to October 3, with expenses not exceeding $120.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve payment of the bills for the month of August in the amount of $10,832.54 by General Fund Checks No. 5354 -5405, $14,830.49 by Water Fund Checks No. 1551 -1581, a total of $25,663.03. All Voted Aye. Discussion items were as follows: 1. Request for slope mower to be used at Detroit and 24th St., ,James Cornes. 2. Southern Union Gas Co. rate increase. 3. planning for Land Use and Housing. A. Invitation, Dallas, 9/23 & 24, 10 :00 AM - 2 :30 PM. 5. Library. 6. Fire extinquished by NFD in mobile home near Beaumont city limits. y 7. American Legion, 9/18/75. S. Invitation to reception for Governor Briscoe and his wife, Rose Hill, 9/10/75. 9. Increase in bid to Stauffeur Chemical Co. effective 10/1/75 from $62.00 to $70.00. 10. Bicentennial Costumes. 11. Animal pound. 12. Ordinance No. 146. The meeting was adjourned at 9 :25 P. M. , ATTEST: H. E. Nagel, Mayo � City of Nederland, Texas Ala Fletcher, City Secretary Citv of Nederland Texas ... 137 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 23, 1975 The meeting was called to order at 6:30 P.Y. by hayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel and Mr. R. A. Nugent after 6:55 P.14. Mr. Gillespie was absent. A motion was made by tir. LeBlanc and seconded by Mr. 6awyer to approve Minutes of September 9th meeting as written. X11 Voted aye. Sealed bids for repair and maintenance of all city air-conditioning/heating equipment were received, opened and read. Bidders were Comfort 'gone, W. Williams Refrigeration, DeWitt Air Conditioning, Natkin Service Co., and Hackley, Inc. A motion was made by Mr. Nagel and seconded by Idr. LeBlanc to award bid to Williams Refrigeration on the basis of their low bid for repair and maintenance of all city air-conditioning/heating equipment. All Voted Aye. I:r. Nugent joined the meeting at this time. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve the following Resolution authorizing participation with the Texas Department of Community affairs to one -third the cost of planning and studies (by city) for elements of the Comprehensive Plan as recommended by Robert Caldwell and Associates, Inc., Planners. All Voted Aye. RESOLUTION CITY OF NEDERLAND WHEREAS, the City of Nederland, Texas, has the authority to apply for and expend funds "flowing through" the Texas Department of Community Affairs from U.S. housing and Urban Development for the preparatior, of plans and studies in behalf of the delivery of services to the citizens thereof; NOW THEREFORE, be it resolved that the City Council of the City of Nederland during a legally convened meetin_ thereof, hereby approves and authorized Mayor Nagel and City Cfficials to execute in behalf of said City an application for Planning funds under the proposal entitled "701" Program in accordance with the application attached. PASSED, APPROVED AND ADOLP',ID this 23rd day of September, 1975- ATTEST: S /ALTA FLEPCHER S/HOMER E. NAGEL Mrs. Alta Fletcher, City Secretary Homer E. Nagel, Mayor City of Nederland, Texas City of Nederland, Texas A Public Hearing was conducted for the purpose of hearing any protests and to make final disposition on approval of community Development Block Grant allocation of funds to pro- vide for installation of wastewater facilities within Clayton Addition (outside City Limits) and, if sufficient funds are available, to extend same, so as to permit elimination of the wastewater pump station serving Nederland High School. Twenty -three citizens were in attendance and no protests were made known. The Hearing was tape recorded and a cassette tape in on file. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel tc approve the following Resolution. All Voted Aye. D ".inutes Continued, September 23, 1975 RESOLUTION CITY OF NEDERLAND A Resolution authorizing the Mayor and other City Officials to execute an application on behalf of the City of Nederland, eith Department of Housing and Urban Development for a Community Development Discretionary Block Grant. Whereas, the City of Nederland has made application to the Department of housing and Urban Development for a Federal grant pursuant to the Federal Housing Act of 1974 and the rules and regulations thereto. Now, therefore, be it resolved by the above named applicant that the application for which Federal grant assistance has been requested pursuant to Housin. act of 1974 and subsequent Amendments thereto will be complied with in accordance with the laws, rules, and regulations. Approved and adopted during a legally convened meeting, this 23rd day of September, A.D., 1975• S /H. E. NAGEL ATTEST: H. E. Nagel, Mayor S/ALTA FLETCHER k1ta. Fletcher, City Secretary APPROVED AS TO FORM AND Lr'G_l.L1PY: St,'% E. SANDERSON W. E. Sanderson, City Attorney A motion was made by Mr. Sawyer and seconded by Mr. Na el to approve the following Resolution requesting a sixty -day extension of deadline to apply for the implementation of a ?lent Supplement Program within Clayton Addition (outside city) and/or within the city limits of the City of Nederland. yll Voted Aye. RESOLUTION CITY OF 3EERLAND WHEREAS, the Honorable ,Ianuel Sanchez, Area Director, Department of Housing and Urban Development, has extended an offer for participation in the Section 8 Housing Assistance Program July 18, 1975; and, 'AHEREAS, the City of Federland does not now staff or operate a Public Housing Authority to administer such an undertaking; and, 4HEREAS, the area proposed for Community Development fund improvements (Clayton Addition) is located outside of the corporate limits of the City of Nederland and the City of Nederland has no jurisdiction to legally undertake such a proposition in an area not lo�;ated within its jurisdiction; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Nederland hereby requests an extension of sixty -days from September 26, 1975, of this offer to participate in the Section 8 Housing Assistance Program. APPROVED AND ADOPTED during a legally convened meeting, this 23rd day of September, A.D., 1975• ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary S /H. E. NAGEL H. E. Nagel, Mayor 1 139 Minutes Continued, September 23, 1975 APPROVED AS TO FORM AND LEGALITY: S t�W. E. SUMERSON W. E. Sanderson, City Attorney A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize the following Resolution revising the schedule of completion of study elements relating to E.P.A. Grant Agreement dated March 22, 1975, providing for Wastewater System Infiltration /Inflow analysis and other propositions. All Voted Aye. hESOLUTION CITY OF NEDERLAND A Resolution revising the schedule as set forth in the Grant Agreement dated March 22, 1975• 'NHEREAS, the City of Nederland, Texas has made application to the Texas Water duality Board and the Environmental Protection Agency for a Federal grant pursuant to the Federal 'Jdater Pollution Control Act :amendments of 1972, Public Law 92 -500, and the rules and regulations thereto. NO�7, THEREFORE, Pr IT 1ESOLVE1 by the above named applicant that the application for which Federal grant assistance has been requested pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92 -500, will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule. General Information Date Availability of applicant's share of project costs Step 1: Funds are Step 2: now Step 3: available. Availability of site(s) for project facilities Now Available. Project Schedule Item Calendar Days Step 1 A. Infiltration /Inflow Analysis (with Evaluation Survey Plan of Study, if required) Report completed & submitted to State ja days after Step 1 grant award. B. Infiltration /Inflow Evaluation Survey (if required) Report completed & submitted to State 200 days after grant amendment for Survey. C. Environmental Assessment (including time for draft report, advertisement, and hearing) Final report completed & submitted to State 454 days after Step 1 ' grant award. D. Facility Plan Report completed & submitted to State 60 days after EPA approval of I/I Analysis & I/I Survey (if required 140 Minutes continued, September 23, 1975 Step 2 Final Plans and Specifications completed and submitted to State 1�20 days after ' Step 2 grant award. Step 3 Advertise for Construction Bids within the days indicated after authorization to advertise for bids has been issued. 30 days Submit Bid Opening Documents within the days indicated after the bid opening date. 10 days Award of Construction Contract within the days indicated after authorization to award the contract has been issued. 10 days Initiation of Construction within the days indicated after the award of the contract. 30 days Complete Construction within the days indicated after initiation of construction. 365 days BE IT FURTHER RESOLVED, that the above named applicant understands that the above project schedule must be approved by the Texas '�`ater quality Board and the Environmental Protection Agency, and that once a project schedule has been approved, no changes will be authorized without first receiving approval of the change from the Texas -later duality Board and the Environmental Protection Agency. PASSED, APPROVED, AND ADOPTED this 23rd day of September, 1975• , ATTEST: S /HOMER E. NAGEL Signature and 'Title of Official S /ALTA FLETCHER Governing Body Signature and Title of Official Authorized Homer E. Nagel, Mayor to Attest City of Nederland Alta Fletcher, City Secretary A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the award of plastic bag purchase bid to Mobil Chemical Company for 300,000 bags at $44.12 per thousand. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve Change Order No. 3 to Hawley Equipment Co., Inc., contract changing calendar days to working days and granting a 40 -day extension of time to complete the work. All Voted Aye. A motion was made by 11r. LeBlanc and seconded by Mr. Nugent to approve the following Resolution authorizing an agreement with South East Texas Regional Planning Commission to purchase certain radio equipment. All Voted Aye. RESOLU2ION CITY OF 1tirMERLAND BE IT RESOLVED by the City Council of the City of Nederland that the Police Chief ' 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 supplemental radio equipment and /or any necessary hardware and software as part of the Regional Law Enforcement Radio Communication System. Minutes continued, September 23, 1975 141 PASSED by the City Council of the City of Nederland this the 23rd day of September, 1975• IAPPROVED : S /W. E. SANDERSON City Attorney S /H. E. NAGEL Mayor A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the following Resolution authorizing a maintenance agreement with Incoterm, Inc. and Criminal Justice Council for Incoterm equipment used by Mid - County Dispatch. All Voted Aye. RESOLUTION CITY OF NEDERLAND RESOLUTION AUTHORIZING THE SOUTH EAST TEXAS REGIONAL PLANNING COMIC ".ISSION TO PROCURE A MAINTENANCE AGRKITENT FOR A CRT DEVICE FOR THE CITY OF NEDERLAND. WHEREAS, the process of justice and the quick and sure apprehension of criminals is a major duty in protecting the rights of citizens, and, WHEREAS, the apprehension of offenders is dependent to a large extent on a well informed constabulary, and, ?NHEREAS, such a system of information has been established through the Ray Tube High Speed Landline Communications System, and, Y71EREAS, the operation and efficiency of this system is dependent upon proper preventive and remedial maintenance, and, 7HERLAS, the South East Texas Regional Planning Commission in conjunction with the Texas Criminal Justice Council and actin,; under the authority of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended and the Texas Interlocal Cooperation Act has prepared a grant application for the maintenance of the above mentioned communications system, THEREFORE, BE IT RESOLVED that the City of Nederland hereby endorses said grant application and authorizes the expenditure of $291.24 from the general fund of the City of Nederland to be used as the City's share of this project for a one year period, beginning November 1, 1975, and continuing until October 31, 1976. This shall also cover the $14.40 paid to Incoterm, Inc. by the South East Texas Regional Planning Commission during the period from November 1, 1974 to October 31, 1975• PASSED by the City Council of the City of Nederland, Texas, this 23rd day of September, 1975• S ALTA FLETCHER Attest APPROVED: S /Y'l. E. SANDERSON City Attorney S /H. E. NAGEL Mayor A motion was made by Mr. Nugent and seconded by Mr. LeLianc to authorize the following Amendment to Ordinance No. 107 providing for vehicle control on public streets in a safer ' manner. All Voted Aye. 142 Minutes continued, September 23, 1975 AN idiTENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ARTICLE] V, SECTION 48, OF ORDINANCE NO. 107 OF THE CITY OF ' NEDERLAND, TEXAS; PROVIDING REGULATIONS CONCERNING IMPROPER START; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND. Section 1. That Article V, Section 48 of Ordinance 107 of the City of Nederland be amended to read as follows: Section 48. Improper Start It shall be unlawful for any person to sturt and accelerate a motor vehicle on a public street or highway from a stopped position or accelerate a motor vehicle while moving in such a manner as to cause the driving wheels to spin and thereby create a loud screeching noise, whether motorists and /or pedestrians are actually present or not, or to cause the rear portion of the motor vehicle to sway or swing from side to side. Section 2. That all ordinance and parts of ordinance in conflict herewith are hereby repealed. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance of 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 ways affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 4. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and shall, upon conviction, be punished as provided in Section 122 of Ordinance 107. PASSED BY THE CITY COUNCIL of the City of Nederland this the 23rd day of September, 1975• ATTEST: S /H. E. NAGEL S /ALTA FLE'PC HE.t Mayor, City of Nederland Alta Fletcher, City Secretary A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve budget and wages for operation of Mid - County Dispatch and compensation of $100.00 per month for adminis- tration by Chief Billy Neal. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize Officer Homer Taylor to attend annual Robbery Conference in Memphis, 2ennessee, Cctober 15th through ' October 17th. all Voted Aye. A motion was made by I11r. Nagel and seconded by Mr. Nugent to authorize payment in the amount of $19375.00 for legal services to date to W. E. Sanderson in representing City of Nederland before Railroad Commission regarding a pending charge of contract with Southern Union Gas Company. All Voted Aye. 143 Minutes continued, September 23, 1975 A motion was made by Mr. Nagel and seconded by Ids. LeBlanc to authorize attendance and expenses of City Officials to annual Texas Municipal League meeting in Houston, October 26th through October 29th. All Voted Aye, A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize advertisement for bids on City of Nederland insurance requirements to be received 6:30 p.m., October 21st. All Voted aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve deletion of $345.47 for 1974 Tax Roll "charge offs" in accordance with Section 8.09 of the City Charter. all Voted Aye. A motion was made by Ms. Sawyer and seconded by Mr. Nugent to approve the 1975 Tax Assessment Roll in the amount of $4897189403.00. All Voted Aye. Discussion items were as follows: 1. Plans for park development. 2. Helena and 27th Street, failure in new street. 3. Bob Menchaca, requested culvert for Louise and Helena. 4. Irene Broussard, existing drainage problem on railroad property. 5. Sycamore School, traffic problem. 6. VFN Hall, Bicentennial celebration, October 10th, 5:30 p.m. 7. Letter of appreciation to Police Department concerning stray dog. 8. Industries contacted for tax increase. 9. Sabine diver Authority loan. '10. Paving of parking lot on South Femorial Highway. 11. Study on Ca-pital Improvement Program Timing. 12. Fiscal Agent - Glover '7ills. 13. Bill Potter. The meeting was adjourned at 9:45 p.m. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 H. E. Nagel, 1.1ayor o City of Nederland, 'Texas 144 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 14, 1975 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. LeBlanc to approve Minutes of the meeting of September 23, 1975, as written. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve the following Amendment to Ordinance No. 164. All Voted Aye. AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM NOVEMBER 1, 1975 THROUGH APRIL 6, 1976. 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: November 11, 25 December 9, 16 January 13, 27 February 10, 24 March 9, 23 April 6 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 14th of October, 1975. ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: SE. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize payment of membership fee to Texas Municipal League in the amount of $766.00 and an additional payment for membership in the American Association of Small Cities, a division of the Texas Municipal League, at �c per capita - $84.05. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize permission for three (3) employees of the wastewater department to attend Unit III wastewater school in Groves, October 20 to October 31, as submitted. All Voted Aye. 1 1 1 I, Minutes continued, October 14, 1975 Presentation was made of a key to the City to Miss Nuelle Leveque, foreign exchange student visiting from Colmar, France, by Mayor Nagel and a proclamation in her behalf 'was approved and signed. Sealed bids were received, opened and read for several units of automotive equipment. Bidders were Philpott Ford Sales, Gordon Chevrolet, Crocker Motors, Tidelands International, Raiford Motor Company, and George Sanitation - George Pinell. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to refer the automotive equip- ment bids to the City Manager for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve the following Resolution authorizing the repayment of a $185,000 loan from Sabine River Authority in connection with an increase in federal grant for construction of the wastewater treatment plant. All Voted Aye. RESOLUTION EXERCISING OPTION TO PURCHASE WHEREAS, the Sabine River Authority of Texas - City of Nederland, Waste Disposal Contract, dated as of August 11, 1972, was duly executed; and WHEREAS, pursuant to said Contract the Sabine River Authority of Texas - City of Nederland, Waste Disposal Contract Revenue Bonds, Series 1972, in the principal amount of $185,000; and WHEREAS, said bonds are subject to redemption prior to maturity, at the option of the Authority, on any date, for the price of par and accrued interest to date of redemp- tion, provided written notice of such redemption is given to the Paying Agent for said ' Bonds, and the redemption price is deposited with said Paying Agent, prior to the date fixed for redemption; and WHEREAS, Section 17 of the aforesaid Contract reserved to the City an option to purchase all of the Authority's right, title, and interest in and to the Sewage Project designated as WPC -TEX -630, which was the subject matter of said Contract; and WHEREAS, the Consulting Engineers under said Contract have executed a Certificate to the effect that said Project has been completed and placed in operation, and that all payments under all construction and other contract pertaining to the acquisition of said Project have been paid. IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1. That the City hereby exercises its option and right to purchase, in one installment, all of the Authority's right, title, and interest in and to said Project, for a price equal to the total amount required to redeem, retire, and cancel all of the aforesaid outstanding bonds issued by the Authority, including the par or principal amount thereof, the accrued interest to date of redemption, and the Paying Agent's charges for redeeming said bonds, all in accordance with the aforesaid Contract. Section 2. That a certified copy of this Resolution shall be duly delivered to the Authority, and it is hereby requested that the Authority fix the date of redemption of the aforesaid bonds to be as soon as practicable, and that the City be notified of such date forthwith. Section 3. That prior to said date fixed for redemption, the City shall make the necessary redemption price available to the Authority in current and immediately useable funds, in such manner as will enable the Authority to use said funds for redeeming said bonds on said date. Section 4. That the City requests, in accordance with the aforesaid Contract, that immediately after said bonds have been redeemed, the Authority shall duly execute a conveyance conveying all of its right, title, and interest in and to the Project to the City. 146 Minutes continued, October 14, 1975 A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to table advertisement for bids to be received 6:30 p.m. November 18, 1975, for Contract Two of C. Doornbos I Park development in accordance with plans submitted. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize payment of monthly estimates from C. Doornbos Park fund as follows: Hawley Equipment Company, Estimate No. 3, $609813.00; C&S Truck Lines, Inc., Estimate No. 2, $9,329.18; and R. W. Caldwell d Associates, $1,753.59. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve payment of bills for the month of September in the amount of $18,064.19 by General Fund Checks No. 5456- 5509 and $17,042.04 by Water Fund Checks No. 1594 -1630, a total of $35,106.23. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize payment to Charles R. Haile and Associates for $320.37 for professional services for work in connection with infiltration /inflow analysis - Federal Grant, Step I, All Voted Aye, A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize proclamations proclaiming October as Country Music month, Mark Stevens - KYKR Radio Station; declaring October as Classroom Teachers Month, Mrs. Dennis Isaacs; declaring the week of October 19 -25 as National Business Women's Week, Jan Schneider. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize Chas. R. Haile on a per diem basis to prepare applications for participation in the Housing Act - Section 8 - Rent Supplement Program by November 10, 1975. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize the following , Resolution concerning participation in Federal General Revenue Sharing as requested by Congressman Jack Brooks. All Voted Aye. RESOLUTION SUPPORTING AN EXTENSION OF GENERAL REVENUE SHARING AND PETITIONING FOR EQUAL PARTICIPATION BY CITIES HAVING LESS THAN 50,000 POPULATION WHEREAS, the City Council of the City of Nederland has heretofore supported General Revenue Sharing as a proper philosophy to result in expending funds by those officials nearest to the tax payers; arid, WHEREAS, an example of some of the benefits which have resulted in improved services to the citizens of Nederland during the last two years included procurement of such items as ditch - cleaning machine, street rebuilding, garbage trucks, police cars, street light- ing, wastewater treatment plant electricity and drainage improvements - all directly beneficial to the total 18,500 inhabitants of the City of Nederland; and, WHEREAS, the citizens of the City of Nederland are taxed by their Federal Government on an equal and uniform basis with all other americans; and, WHEREAS, the citizens of the City of Nederland ought to be entitled to equal and uniform benefits which flow from the federal government as made possible by federal taxes assessed upon the citizens of Nederland; and, WHEREAS, no discrimination or preferance is shown by the federal government in its taxing policies because the citizens of Nederland reside in a community having a total population of less than 50,000 inhabitants; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Nederland requests our Senators - Honorable John Tower and Honorable Lloyd Bentsen and our Congressman - _ Honorable Jack Brooks, 9th District of Texas, to diligently and successfully represent the citizens of this community favoring an extension of the general revenue sharing philosophy and also, ascertain and accomplish equal participation in such programs for these small communities including the City of Nederland (population 18,610). 147 Minutes continued, October 14, 1975 PASSED AND APPROVED during a legally convened meeting of the City Council of the City of Nederland this 14th day of October, 1975. I ATTEST: S /HOMER E. NAGEL Homer E. Nagel - Mayor S /ALTA FLETCHER City of Nederland, Texas Alta Fletcher - City Secretary City of Nederland, Texas Discussion items were as follows: 1 11 1. Amendments to Agreements of Industry. 2. Only change in insurance is increase of 20 %. 3. Preliminary proposal to work with Highway Dept. on busing. 4. Letter from Lloyd Bentsen concerning federal funds for small cities. 5. Security lights around Central Bank Hall. 6. Quicksand in ditch, 703 S. 5th Street, 7. Junk yard, 1100 Block of S. 15th Street. 8. Grass cutting needed, Doornbos property at 27th Street and Detroit Avenue, 9. Trucking parking lot on Highway 69 has been covered. 10. Invitation extended to Councilman for deep sea fishing trip, October 19. 11, Police Department called to labor problem, 14th Street and Nederland Avenue. 12. Chlorine - detention time. 13. Report on CETA funds. 14. Request for $12.00 mo. ad in HUB from motel tax. 15. TML meeting attendance. 16. Railroad's drainage problem, Irene Broussard. 17. Participation 100% to Community Chest for Police Department. 18. J. B. McKinney entering Diagnostic Clinic in Houston, October 19. The meeting was adjourned at 9 :45 p.m. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas -,�' /I 2 H. E. Nagel, Mayor City of Nederland, Texas 1"Ib REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I October 21, 1975 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. H. E. Nagel, 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. Nagel to accept the insurance pro- posal submitted in behalf of the McNeill Insurance Agency and the Lucke Insurance Agency with premium based on $1,000 Deductible on heavy equipment listed under Section "En and with glass coverage. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to accept the recommendation of the City Manager in the purchase of equipment as bid during the previous meeting with police cars being purchased from Crocker Motors and all trucks from Gordon Chevrolet. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve plans for installation of baffles and appurtenances in the chlorine contact chamber as required by the State Department of Health, and authorize advertisement for bids to be received 6:30 P.M. on November 25, 1975• All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize attendance of librarian to State Library Conference in Houston, Friday, October 24, 1975. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize influenza im- munization for employees desiring same at $5.00 each, approximate cost $150.00. All Voted Aye. Discussion items were as follows: 1. Road Bond Committee organizational meeting. 2. Texas Municipal League Meeting. 3• S -5th Street quicksand. 4. Bicentennial road sign. 5 Rent supplement application deadline, November 10. 6. McNair Transport request to re- locate 800 Block Boston. 7. Establishment of Rape Crisis Center to be funded by SETRPC. 8. Police Station Plans. The meeting adjourned at 8 :10 P. M. ATTEST: A t�cher, City Secretary H. E. Nagel, Maydyr — 1 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 149 November 4, 1975 The meeting was called 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. Mr. H. E. Nagel was absent. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to table action on adoption of the "Section 8TI Housing Assistance payments Program application for existing housing to allow further study. Messrs. Sawyer, Nugent and Gillespie Voted Aye; Mr. LeBlanc Voted No. The meeting was adjourned at 6 :50 P. M. ATTEST: Al t& Fletcher, City Secretary City of Nederland, Texas R. gent ` R. A• Nugent, r pro Tempore -- City of Nederl L d, Texas 150 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 11, 1975 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 October 21 and November 5 meetings as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve attendance to Annual Governor's Conference in San Antonio November 16 -19 for Councilman Carl LeBlanc, President of South East Texas Regional planning Commission, with City paying lost time and South East Texas Regional planning Commission paying expenses; also, to approve attendance and expenses of any other Councilman or City Official who may be able to attend. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize payment to Sabine Consolidated, Inc., from Developer's Escrow Account for water and sewer lines in Songwood Subdivision Unit 21 final estimate - $9,693.28. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize award of bid to Perkins Roofing Company in the amount of $1,996.50 on the basis of their low quotation for roofing repairs for Fire Station and connection to Council Room. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 263 governing the installation of plumbing work within the City of Nederland. All Voted Aye. AN AMENDMENT AN AMENDMENT TO ORDINANCE NO. 263, WHICH REGULATES PLUMBING WORK IN THE CITY OF NEDERLAND, TEXAS; DEFINING CERTAIN TERMS; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR THE EN- FORCEMENT OF THIS ORDINANCE AND THE ISSUANCE OF PERMITS AND ESTABLISHING CERTAIN FEES; PROVIDING FOR SPECIFICATIONS, MATERIALS, AND METHODS OF PLUMBING INSTALLATIONS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE. THE PURPOSE OF THIS AMENDMENT TO THE STANDARD PLUMBING CODE IS TO PROVIDE MINIMUM REQUIRE- MENTS FOR SAFE PLUMBING INSTALLATION, INCLUDING ALTERATION, REPAIR, REPLACEMENTS, EQUIPMENT, APPLIANCES, FIXTURES, FITTINGS, AND APPURTENANCES THERETO SO AS TO SAFEGUARD LIFE, HEALTH, AND PUBLIC WELFARE AND THE PROTECTION OF PROPERTY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1 That the 1975 Edition of the Standard Plumbing Code, and its succeeding revisions, a copy of which has this day been exhibited to and approved by the City Council of the City of ' Nederland, be, and the same is hereby adopted and declared operative as the Plumbing Code of the City of Nederland, save and except the following portions that are herein deleted, modified, and amended by this ordinance: i Minutes continued, November 11, 1975 151 (a) 106.3 (a) of said Code dealing with schedule of permit fees; (b) 109 - of said Code dealing with bond required; (c) Table 505 - of said Code dealing with materials for plumbing installations; (d) 604 - of said Code dealing with copper tubing to screwed pipe joints; (e) 607.3 - of said Code dealing with water distribution system; (f) 1004 - of said Code dealing with hangers and anchors; (g) 1101.5 - of said Code dealing with connections; (h) 1212.1 (a) - of said Code dealing with materials for water distribution pipe; (i) 1215.5 - of said Code dealing with relief outlet wastes; (j) 1412.1 - of said Code dealing with single bathroom groups; (k) 1413.1 - of said Code dealing with one bathroom group; Section 2 That Section 106.3 of said Code pertaining to schedule of permit fees is hereby amended to read as follows: "Any person desiring a plumbing permit shall at the time of filing an application therefore pay to the City of Nederland a fee as required in this section. The fees shall be as follows: Fees for Plumbing Permits (A) Permit Fees: Toilets @ $2.00 each Tubs @ $1.50 each Lavatories @ $1.50 each Sinks @ $1.50 each Urinals @ $1.50 each Showers @ $1.50 each Water Heaters @ $2.00 each Water Lines @ $1.50 each 4" Sewer @ $2.00 each 61' Sewer @ $ 3.00 each 2" Floor Drain @ $ 1.00 each 3" Floor Drain @ $1.50 each 4" Floor Drain @ $2.00 each Washing Machines @ $1.50 each Wash Room Con. @ $1.50 each Air Condition Drain @ $1.50 each Drinking Fountains @ $1.50 each 12" Grease Trap @ $3.00 each Large Sz. Grease Trap @ $4.00 each Slop Sink @ $2.50 each Soda Fountains @ $5.00 each Sinks in Cafe or Restaurant Single @ $2.00 each 2 Compartments @ $3.00 each 3 Compartments @ $4.00 each Dental Chairs @ $5.00 each Wash Racks for Garages @ $5.00 each Dish Washers @ $1.50 each Laundry Tray @ $1.50 each Glass Washers @ $1.50 each Garbage Disposal @ $1.50 each Trailer Parks; $6.00 each space Fee for replacement of fixtures and repairs to be the same as new work. The minimum fees for any plumbing permit shall be $5.00. A permit shall not be issued unless the applicant complies with the conditions set out in Section 3 of this Ordinance and all of the laws of the State of Texas and have met all requirements promulgated by the officials of the City of Nederland, Texas. Section 3 That Section 109 of said Code pertaining to bond required is hereby amended to read as follows: 152 Minutes continued, November 11, 1975 BOND REQUIRED: Before any person, firm or corporation shall do any business of plumb- ing in the City, he, it, or they shall first obtain the proper license and deposit with the City a good and sufficient bond in the sum of Two Thousand ($2,000.00) Dollars,' conditioned that the person, firm or corporation engaged in the plumbing business will faithfully observe all the laws pertaining to plumbing; further, that the City shall be indemnified and saved harmless from all claims arising from accidents and damage of any character whatsoever caused by the negligence of such person, firm, or corporation engaged in the plumbing business, or by any other inadequate work done either by themselves or their agents or employees. Section 4 That Chapter 5, Table 505 pertaining to materials for plumbing installation is hereby amended as follows: (a) That the words concrete sewer pipe are hereby deleted from Table 505; (b) That the words bituminized sewer pipe and fittings are hereby deleted from Table 505; (c) That the words SRP -pipe and fittings are deleted from Table 505; (d) That the words wrought -iron and steel pipe for drain waste are deleted from Table 505; (e) That Table 505 of said Code is hereby amended to include the following: "All exposed ferrous piping and fitting shall be either wrapped or galvanized." Section 5 That Section 604.1 of said Code pertaining to "copper tubing to screwed pipe joints" is hereby amended to include the following sentence: "Where dissimilar metals are joined in the water supply an insulated connection shall be used between the two metals." Section 6 That Section 607.3 of said Code pertaining to water distribution system is hereby amended to include the following: "Solder Joints shall not be permitted under slab." Section 7 That Section 1004 of said Code pertaining to hangers and anchors is hereby amended to read as follows: "Hangers or straps shall be isolated from pipe except where similar metals are used." Section 8 That Section 1101.5 of said Code pertaining to connection is hereby amended to add the following sentence: "Waste connections for air - conditioning units shall not be terminated in return air plenum." Section 9 That Section 1212.1 (a) of said Code pertaining to materials for water distribution piping is hereby amended to delete chlorinated polyvinyl chloride (CPVC). 1�3 Minutes continued, November 11, 1975 Section 10 'That Section 1215.5 of said Code pertaining to relief outlet wastes is hereby amended to add the following paragraph: "Where hot water heater is installed in the living area of a building, the discharge tubing from the TdP valve shall be run to a floor drain or to the outside of building. Where water heaters are set in the garage, the discharge tubing shall be run down to within 6" of the floor. The discharge tubing from the TAP valve shall not be less than 3/8" inch OD in size." Section 11 That Section 1412.1 of said Code pertaining to single - bathroom groups is hereby amended to delete the words "kitchen sink" from said section. Also add new paragraph (c) to Section 1412.1 as follows: (c) "Wet venting limitation: A drawing of any wet vented installation which differs from those shown in example "B ", (attached) shall be submitted to the inspector for review and approval prior to installation. Section 12 That Section 1413.1 of said Code pertaining to one bathroom groups is hereby amended to delete the words "kitchen sink" from said section. Also add new paragraph (a) to Section 1413.1 as follows: (a) "Stack venting limitation: A drawing of any stack vented installation which differs from those shown in example (C) attached shall be submitted to the inspector for review and approval prior to installation." PENALTIES: Any person, either by himself or agent, and any firm, corporation, or other entity who violated any of the provisions of this code shall be deemed guilty of a misdemeanor; and upon conviction of any such violation, shall be fined in any sum not to exceed Two Hundred Dollars ($200.00). Each day during which such violation continues shall constitute a separate and distinct offense. In any case of a violation of any of the terms or provisions of this ordinance by any corporation, the officers and agents actively in charge of the business of such corporation, shall be subject to the Penalty herein provided. Any offense defined herein which has been defined by laws of the State of Texas as an offense and for which penalty has been prescribed shall be punished as provided in said State Law and nothing herein shall be held as fi::ing any penalty contrary to a penalty provided by the laws of the State of Texas. SEVERABILITY CLAUSE: If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provisions to other persons or circumstances shall not be affected thereby. REPEALING CLAUSE: All ordinance or parts of ordinances in conflict with this Code are repealed. WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication as required by law. PASSED AND APPROVED THIS 11th day of November, 1975. S /H. E. NAGEL H. E. Nagel, Mayor 154 Minutes continued, November 11, 1975 ATTEST: S /ALTA FLETCHER (Mrs. ) Alta Fletcher, City Secretary APPROVED AS TO FORM AND LEGALITY: S1W. E. SANDERSON W. E. Sanderson, City Attorney A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize attendance and expenses of two (2) firemen to Lamar University Certification of Fire Fighters School. All toted Aye. A motion was made by Mr. LeBlanc to appoint the following people to the Bicentennial Committee: Mark Anderson, Mark Byers, Jerry Camp, Gary Collins, Leroy Ellerbee, Rene Hebert, Mike Heflin, Kari Nohavitza, Diana Porter, Rose Richardson, Robert Rudd, Walter Sticker, Shirley Williams, Mike `trolyk, Kathy Williams, Mark Moore, Ray Nelson, Randy Root, Scott Tucker, Noelle Lepeque, Pat Benson, Twyla Nau, Donna Patton, Betty Funk, Murray Berliski, Mrs. Roy Kelley, and Mrs. Phillip Collens. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payment of bills for the month of October in the amount of $12,069.09 by General Fund Checks No. 5551- 5606 and $20,583.95 by Water Fund Checks No. 1656 - 1686, a total of $32,653.04. All Voted Aye. presentation of a preliminary report was made by Jess Coleman of Charles R. Haile Associates, Inc., projecting an estimated cost for rehabilitation of Nederland's wastewater collection system vs, cost of treatment of infiltration water. Discussion items were as follows: 1. Avenue L and S -14th, cars not stopping for stop sign. 2. Garbage site at home of Chester Hensley. 3• Detroit and 27th St., grass needs cutting. 4. Environmental Assessment to include water and well as sewer. 5• Increase in hospitalization insurance. 6. December 10, 19759 6:30 P. M•, Brad Hall, Annual Sabine- Neches Chief's Assn. Banquet. 7. Industry agreements being approved. 8. Jefferson County Bond Program. 9. Petition on airport plan. 10. Boston and 8th Street, house condemnation. 11. Chemical analysis of water. 12. Youth in Government Day. 13. December 4, 1975, invitation to dinner meeting, Nederland State Bank. 14. Extensive repairs on windmill. 15. Improvement to grounds complimented. 16. Library report. 17. Doornbos park. 18. American Association of Small Cities. 19. Lawrence and 30th, streetlight out. The meeting was adjourned at 8 :40 P. M. - n ATTEST: 4 2-, t 2&eZZ6.&d& /- Alta Fletcher, City Secretary H. E. age , k4yor 155 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 25, 1975 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. LeBlanc to approve Minutes of November li meeting as written. All Voted Aye. Sealed bids were opened and read for renovation of the chlorine contact chamber in the wastewater treatment plant. Bidders were; Elliott Machine Shop, $21,052.55; and Rogers Ungerground Utilities, Inc., $9,300.00. 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. Applications for permits for sale of alcoholic beverages "on premises" consumption, in accordance with Ordinance No. 70, were received from the following businesses: Airport Towers Motor Inn, Catfish Kitchen, American Legion post No. 493, Drake's No. 2, Nederland Club, Pizza Inn, Ruby Duby Lounge, and The Schooner Restaurant, Inc. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to acknowledge receipt of applications for permits for sale of alcoholic beverages as described above. All Voted Aye.. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize an amendment in rates for City and employees and dependents insurance coverages with Business Men's As- surance Company in accordance with proposal submitted. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to amend the budget to allow $1,500.00 for park planners and to accept the grant offer by the Texas Department of Community Affairs for "701" planning Funds as follows: Housing Element Update, $1,000.00; Central Business District Development Plan, $2,000.00; and park plan, $1,500.00, a total of $4,500.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the submitted plans for Doornbos Heritage 176 park - project #48 -00319 - and authorize advertisement for bids to be received on the submitted list of work for Contract #2 of Phase I - 6:30 P.M., Tuesday, December 16, and authorize payments for work on the C. Doornbos park to R. W. Caldwell & Associates, $92.44 for miscellaneous general contractor fees; to R. W. Caldwell & Associates, $8,589.00 for working drawings and specifications, Contract II; and $24,425.50 to Hawley Equipment Company for final payment. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize documents in agree- ment with the Department of Housing and Urban Development for a Community Development Block Grant Program - Grant #B- 75 -DS -48 -0011 - to provide for installation of wastewater facilities to Clayton Addition and to Nederland High School; and, to authorize J. B. McKinney, City Treasurer, to certify the authenticity of the signature of individuals authorized to execute Treasury Form GFO -7578• All Voted Aye. 156 Minutes Continued, November 25, 1975 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize purchase of one - hundred, sixty -four (164 ) cubic yards of dirt to fill in the island at the Doornbos Park - $328.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to table action on Songwood Subdivision Unit 2 acceptance of street, etc. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to table action until the meeting of December 9 on authorizing increase in dues for membership in the American Association of Small Cities in the amount of $168.10. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize payment to Charles R. Haile Associates in the amount of $2,227.56 in payment of five invoices as listed. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to appoint additional members of the Nederland Bicentennial Committee as follows: Mrs. Jack Fleming, Mrs. Thomas Housenfluck, and Ms. Anna Rienstra. Discussion items were as follows: I. Request for stop sign on S -14th Street at Avenue D or E. 2. Drainage problem in the 1100 Block Franklin, Cecil Lyday. 3• Sewer problem on end-of Jackson. 4. Children playing on top of Gage Imhoff plant. 5. Park - planning. 6. Guidry trailer park request withdrawn - law suit dropped. 7• Recommendations for Ordinance Amendments should go to planning Commission. 8. Appointment of two city officials,.one to Small Cities League. and one to SETRPC. 9• Slogans for HUB. 10. Proposal from Highway Dept. on Nederland Avenue project decreasing amount expected. 11. List of projects for County consideration. 12. Meeting of Small Cities League, December 2. 13. Weed notice list from Chief Sattler. 14. Litter containers to be inspected. 15• Letter from Senator Bentzen. 16. Mr. Porter thanked City in behalf of Optimist Club for youth participation opportunity. 17. Charles Heflin expressed graditude to City Council and Officials in behalf of students for their opportunity to visit for the day. The meeting was adjourned at 9:15 P. M. 1[ • E. Nagel, Mayo City of Nederland, Texas ATTEST: azti Alta Fletcher, City Secretary City of Nederland, Texas 15i REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 9, 1975 The meeting was called 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 Nagel was absent. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve Minutes of the previous meeting of November 25 as written., All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to accept the bid and award contract to Rogers Underground Utilities, Inc., on the basis of their low bid in the amount of $9,300.00, sixty (60) working days, for construction of modifications to wastewater treatment plant chlorine contact chamber as required by the Texas Water Quality Board. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize Charles R. Haile and Associates to commence work on environmental assessment and authorize publication of Public Hearing notice of their finding at least fifteen (15) working days prior to January 13 Public Hearing, 6:30 P.M. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action on re- quest for grant increase for evaluation survey of wastewater treatment system until the next regular meeting. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve issuance of permits for sale of alcoholic beverages for "On Premises" consumption in accordance with Ordinance No. 70 and in compliance with state law to the following establishments: Airport Towers Motor Inn, Catfish Kitchen, Club 493, Nederland Club, Pizza Inn, Ruby Duby Lounge, The Schooner, and Drake's No. 2. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize seeding with winter grass of C. Doornbos Park by City with seeds costing approximately $200.00 as recommended by Mr. Robert W. Caldwell. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize attendance and expenses of Mrs. Alta Fletcher to United States Department of Justice meeting in Austin on Wednesday, December 17 providing for review of the Federal Voting Rights Act of 1965. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to appoint two members and alternates to the Executive Committee of South East Texas Regional Planning Com- mission in accordance with By Laws as follows: C. N. LeBlanc and H. E. Nagel, Members; R. D. Sawyer and E. T. Gillespie, Jr., Alternates; and to appoint R. A. Nugent as a member of the Board of Directors of the Small Cities League in accordance with By Laws. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of additional dues to the American Association of Small Cities in the amount of $168.10. All Voted Aye. 158 Minutes Continued, December 9, 1975 A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to accept streets in Songwood Subdivision Unit 2 and accept payment for signs and one year's rental on street lights. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of bills for the month of November in the amount of $32,917.54 by General Fund Checks No. 5645- 5701 and $15,524.99 by Water Fund Checks No. 1698 -1728, a total of $48,442.53. All Voted Aye. Discussion items were: I. Dinner meeting at Brad Hall, 12/10/75, sponsored by Chief's Association. 2. Drainage problem, 3100 Avenue A. 3. Complaint in form of letter, Mrs. Vanover. 4. Sewer complaint, 620 22nd Street. 5. Street light out, 900 30th Street. 6. Street repairs needed,_ Memphis, 34th and Helena. 7. Square area fallen around manholes on Helena. 8. Letter from Mr. Caldwell for next agenda. 9. Police consolidation agreement. 10. Environmental Conference at school attended by City Manager. 11. Park Conference, Friday, 2 :00 P.M. 12. Industrial agreements ready for acceptance. 13. Report on landfill. 14. Report on_Imhoff,tank. li. The meeting was adjourned at 9 :10 P. M. t R. A. Nugent, yor Pro Tempore City of Neder nd, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 15, 9 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 16, 1975 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 meeting of December 9 as written. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Nugent to appoint Sue Harris as Acting City Secretary during the absences of City Secretary - Alta Fletcher. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the following Addendum #1 to contract documents of C. Doornbos Park, Phase I, Contract #2. All Voted Aye. Addendum No. 1, Contract 2, Phase 1 This Addendum, applicable to work designated herein, shall be understood to be and is an addendum to the Plans, Specifications and Contract Documents for the subject Project and shall be a part of and included in the Proposal and the Contract. ITEM NO. 1 REFERENCE, CONTRACT DOCUMENT, GENERAL REQUIREMENTS, Page GD5.4, 17, Paragraph 10.b Change wording to read as follows: "There exists on the Project site a job sign. The Owner will provide additional painted sign boards listing name or names of the Contractor or Contractors." ITEM NO. 2 REFERENCE, CONTRACT DOCUMENTS, GENERAL REQUIREMENTS, Page GD5.4 and GD5.5, SECTION 12, PROTECTION, add subparagraph c to read as follows; "The Contractor shall protect from damage all facilities existing on the Project site as constructed under Contract 1, Phase 1. Any damage to such facilities by the Contractor shall be restored to original condition at the Contractor's expense and subject to the approval of the Owner and the Architect - Engineer. ITEM NO. 3 REFERENCE, TECHNICAL SPECIFICATIONS, SECTION 2G, Page 2, ARTICLE B. a. (3); Alternate "C ": Gazebo: All facing and trim shall be Clear No. 1 or better Redwood in lieu of the white pine in Base Bid. ITEM NO. 4 REFERENCE, TECHNICAL SPECIFICATIONS, SECTION 2H, Page 1, ARTICLE A. a (2); Change to read as follows: Guarantee: At completion of project, provide Owner with a written Inspection and Service Guarantee for a 20 year Bonded Roof issued by the roofing manufacturer. Manufacturer shall provide inspection and report of roofing installation at project completion, and following -up inspections at 2, 5, 10, 15, and 20 years after installation. Manufacturer shall repair roof damage and leaks caused by faulty materials or improper and poor workmanship. 160 Minutes Continued, December 16, 1975 ITEM NO. 5 REFERENCE, TECHNICAL SPECIFICATIONS, SECTION 2J, Page 2, ARTICLE B.a (4); Change to read: Gravel Guard, Exposed & Concealed Flashing: Base Bid: ASTM A.93, 26 gauge galvanized 1.25 oz. /sq. ft. of coated surface. Alternate "D ". 16 oz. Copper with all corners and joints brazed and ground smooth in a first class workmanship manner. ITEM NO. 6 REFERENCE, TECHNICAL SPECIFICATIONS, SECTION 2M, Page 8, ARTICLE B.b., Typical Exterior Systems: Add the following: (12) Gazebo wood facing and trim (painted): 1 coat primer, 2 coats semi -gloss exterior enamel. ITEM NO. 7 REFERENCE, TECHNICAL SPECIFICATIONS, SECTION 8, Page 105, ARTICLE B (1) Catchalls and Plan Sheet 3: Add wording as follows: "Wood slats to be 1" x 3" Penta- Stained Redwood. Furnish with each unit a 20 gallon galvanized container with lid." ALTERNATE "E ". Furnish, in lieu of KILGORE CORPORATION, Allen Products Catalogue No. 500 -000, (9) PATTERSON - WILLIAMS LITTER CAN, MODEL 1030 as marketed by Paul E. Allen, Inc. Houston, Texas. ITEM NO. 8 ADD REVISED PAGES OF BID PROPOSAL FORM AS ATTACHED. 15. FOOT BRIDGES (2) for the lump -sum of dollars, cents. TOTAL BASE BID dollars, cents. A. ALTERNATE, ADDITIVE INSTALL TENNIS COURTS LIGHTING for the lump sum of dollars, cents. $ B. UNIT PRICE, ADDITIVE EACH SITE LIGHT POLE, FIXTURE (include footing) for the unit lump -sum of dollars, cents. $ C. ALTERNATE, GAZEBO: USE CLEAR NO. 1 OR BETTER REDWOOD ALL FACING AND TRIM IN LIEU OF WHITE PINE IN BASE BID for the sum of dollars, D. ALTERNATE, GRAVEL GUARD, EXPOSED & CONCEALED FLASHING OF 16 OZ METAL IN BASE BID for the sum of dollars, cents. $ COPPER IN LIEU OF GALVANIZED cents. $ E. ALTERNATE, CATCHALLS, FURNISH, IN LIEU OF KILGORE CORP. CATALOGUE NO PATTERSON - WILLIAMS LITTER CANS, MODEL 1030 for the sum of dollars, cents. 500 -000 IN BASE BID, 9 S The undersigned certifies that the bid prices contained in this proposal have carefully checked and are submitted as correct and final. 1 Minutes Continued, December 16, 1975 BID PROPOSAL FORM Bidder By Title GENERAL: Seal of Corporation 161 It is understood that if accepted by the Owner, this proposal becomes a part of the Contract Documents upon the signing of the Contract, and failing to comply with any part of the proposal will be taken as failure of the bidder to comply with the Con- tract Documents and will be just cause for rejection of the work. It is also understood that the Owner reserves the right to reject any and all bids and waive formalities and irregularities or to accept any bid, any one, any combi- nation of several, or all items of work that may be considered advantageous. The undersigned agrees that he will not withdraw this proposal for a period of thirty (30) days from the date thereof. PERFORMANCE AND PAYMENT OF BONDS: It is understood that a bond in 100% of the contract amount, covering faithful per- formance of the contract and payment of all obligations arising thereunder will be required by the Owner. Premiums for the performance and payment bonds are included in this proposal. TIME FOR COMPLETION: If awarded a contract for this project, the undersigned agrees to complete the project work within working days from date of the contract. ADDENDA: The undersigned acknowledges receipt of addenda numbers , issued during the time of bidding and has included the several changes therein in this proposal. DATE SIGNED ADDRESS Sealed bids were received, opened and read for Phase I, Contract 2, C. Doornbos Park Improvements. Results were as follows: From Hick's Construction for Tennis Courts, Tennis Court Fencing, and Paved Pathways, $88,484.00. From Mar -Len, Inc. total bid all tied together (excluding Electrical Distribution & Site Lighting) was $157,917.00. A motion was made by Mayor Nagel and seconded by Mr. Nugent to reject bids for Phase I, Contract 2, C. Doornbos Park Improvements and that the City Staff obtain authori- zation for the Texas Parks and Wildlife Department and proceed with the construction of the items as follows: Gazebo (with Redwood for all facing and trim in lieu of White Pine), Picnic Tables, Picnic Table Pads, Refuse Catchalls, Barbecue Stove, Landscaping, Paved Pathways, and Foot Bridges. Also to re- advertise for bids on the remainder of work to be received at 6:30 P.M., January 13, 1976. Additional discus- sion, on the advice of City Attorney, indicated that the Planner, Robert W. Caldwell and Associates, be paid the 25% of 9% of the estimated cost of these items which are 162 Minutes Continued, December 16, 1975 to be performed by the City. All Voted Aye. Bids were received and opened for mowing and cleaning of several lots /tracts as follows: C. L. Keene in the amount of $143.00, Cureton & Sons, $164.00; G. S. Sturdivant, Sr., $138.00. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept the low bid of G. S. Sturdivant, Sr. in the amount of $138.00 for mowing and cleaning of several lots/ tracts. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent authorizing payment to Robert W. Caldwell & Associates, Inc. for design of Part "B" improvements to C. Doornbos Park in the amount of $2,597.48. All Voted Aye. Presentation of a report by Mr. D. C. Perrell, Charles R. Haile Associates, Inc. on en- vironmental assessments, and "finding of no significant impact on the environment" resulting from the proposed water and wastewater facilities in Community Deveopment Block Grant for Clayton Addition and Nederland High School. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to authorize advertising for and setting of a public hearing for 6:30 P.M. January 13, 1976 stipulating that the City of Nederland has found that the project has no significant effect on the environment, due to the proposed water and wastewater collection facilities in Community Development Block Grant for Clayton Addition and Nederland High School. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to table action on funding for C. Doornbos Park Improvements. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to adopt amendment to "in lieu of tax" agreements with Union Oil Company, Sun Oil Company, and Big "3 ", Inc. as follows: All Voted Aye. AMENDMENT TO AN AGREEMENT SUN OIL COMPANY THE STATE OF TEXAS COUNTY OF JEFFERSON The CITY OF NEDERLAND, TEXAS, and SUN OIL COMPANY for One and no /100 dollar ($1.11.00) and in other good and valuable considerations beneficial to both parties have agreed to amend and do hereby amend that agreement entered into by both parties hereto dated Decem- ber 12, 1972. Paragraph IV (B) is hereby amended to read as follows: For and in consideration of the agreement to designate the territory described in Paragraph II hereof as an industrial distric, and to continue such designation thereof during the term of this Agreement, and in consideration of the other terms of this Agree- ment, 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 City of Six Thousand Two Hundred Twenty Six Dollars ($6,226.00) for the year 1975. It is agreed that the total amount required to be paid by Company to City for each succeeding year thereafter during the term of this Agreement, under the terms of this contract, both for taxes and for payments in consideration of this Agreement, will not exceed the total sum of Six Thousand Two Hundred Twenty Six Dollars ($6,226.00) per year of the amount which is required to make taxes on Company's property within the corporate limits of City equal and uniform with other City taxes, 163 Minutes Continued, December 16, 1975 whichever is greater. However, the Company hereby agrees that the Company's contribution to the City will proportionally increase automatically each time the governing body of the City of Nederland, in accordance with the City Charter, amends the tax rate and /or basis of valuation which would result in a general tax increase for the property within the city limits of the City of Nederland. In no event shall the Company's contribution to the City increase more than twenty per- cent (20 %) in any one calendar year after the year 1975. All other provisions of the Agreement entered into by the two parties on December 12, 1972, are not effected by this amendment to said agreement. The parties hereto agree that this amendment to the above referenced agreement is hereby made part of the above referenced agreement. IN WITNESS WHEREOF, this Agreement is executed as of the 16th day of December , 1975. ATTESTED AND COUNTERSIGNED: SUE HARRIS Acting City Secretary APPROVED AS TO FORM: City Attorney By: CITY OF NEDERLAND BY HOMER E. NAGEL Mayor Carl N. LeBlanc Councilman Robert A. Sawyer Councilman R. A. Nugent Councilamn E. T. Gillespie, Jr. Councilman SUN OIL COMPANY By AMENDMENT TO AN AGREEMENT UNION OIL COMPANY THE STATE OF TEXAS COUNTY OF JEFFERSON The City of Nederland, Texas, and Union Oil Company of California for $1.00 and other good and valuable considerations, beneficial to both parties have agreed to amend and do hereby amend that agreement entered into by both parties hereto dated December 12, 1972. Paragraph IV (B) is hereby amended to read as follows: 164 Minutes Continued, December 16, 1975 For in consideration of the agreement to designate the territory described in Para- graph II hereof an an industrial district, and to continue such designation thereof dur- ing 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 City of Eighty -Four Thousand Three Hundred Seventy Five Dollars ($84,375.00) for the year 1975. It is agreed that the total amount required to be paid by Company to City for each succeeding year thereafter during the term of this Agreement, under the terms of this contract, both for taxes and for payments in consid- eration of this Agreement, will not exceed the total sum of Eighty -Four Thousand Three Hundred Seventy Five Dollars - per year of the amount which is required to make taxes on Company's property within the corporate limits of City equal and uniform with other City taxes, whichever is greater. However, the Company hereby agrees that the Company's contribution to the City will proportionally increase automatically each time the govern- ing body of the City of Nederland, in accordance with the City Charter, amends the tax rate and/or basis of valuation which would result in a general tax increase for the property within the City limits of the City of Nederland. In no event shall the Company's contribution to the City increase more than twenty percent (20 %) in any one calendar year after the year 1975. All other provisions of the Agreement entered into by the two parties on December 12, 1972 are not effected by this amendment to said agreement. The parties hereto agree that this amendment to the above referenced agreement is hereby made part of the above referenced agreement. IN WITNESS WHEREOF, this Agreement is executed as of the 16th day of December 1975. ATTESTED AND COUNTERSIGNED: CITY OF NEDERLAND SUE HARRIS Acting City Secretary APPROVED AS TO FORM: City Attorney By HOMER E. NAGEL Mayor CARL N. LEBLANC Councilman ROBERT D. SAWYER Councilman R. A. NUGENT Councilman E. T. GILLESPIE, JR. Councilman UNION OIL COMPANY OF CALIFORNIA By By: I i t Minutes continued, December 16, 1975 AMENDMENT TO AN AGREEMENT BIG THREE INDUSTRIES THE STATE OF TEXAS COUNTY OF JEFFERSON The CITY OF NEDERLAND, TEXAS, and BIG THREE INDUSTRIES, INCORPORATED for and in consideration of One and no /100 dollar ($1.00) and other good and valuable consider- ations beneficial to both parties have agreed to amend and do hereby amend that agreement entered into by both parties hereto dated June 26, 1973. Paragraph IV (B) is hereby amended to read as follows: For and in consideration of the agreement to designate the territory described in Paragraph II hereof as an industrial district, and to continue such designation 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 City of Seven Thousand Two Hundred Eighty -Five Dollars ($7,285.00) for the year of 1975. It is agreed that the total amount required to be paid by Company to City for each succeeding year there- after during the term of this Agreement, under the terms of this contract, both for taxes and for payments in consideration of this Agreement, will not exceed the total sum of Seven Thousand Two Hundred Eighty -Five Dollars ($7,285.00) per year of the amount which is required to make taxes on Company's property within the corporate limits of City equal and uniform with other City taxes, whichever is greater. However, the Company hereby agrees that the Company's contribution to the City will proportionally increase automatically each time the governing body of the CITY OF NEDERLAND, in accordance with the City Charter, amends the tax rate and /or basis of valuation which would result in a general tax increase for the pro- perty within the City Limits of the CITY OF NEDERLAND. In no event shall the Company's contribution to the City increase more than twenty percent (20 %) in any one calendar year after the year 1975. All other provisions of the Agreement entered into by the two parties on June 26, 1973, are not effected by this amendment to said agreement. The parties hereto agree that this amendment to the above referenced agreement is hereby made part of the above referenced agreement. IN WITNESS WHEREOF, THIS Agreement is executed as of the 16th day of December , 1975. ATTESTED AND COUNTERSIGNED SUE HARRIS Acting City Secretary CITY OF NEDERLAND By HOMER E. NAGEL Mayor CARL N. LEBLANC Councilman ROBERT D. SAWYER Councilman R. A. NUGENT Councilman E. T. GILLESPIE, JR. Councilman 166 Minutes Continued, December 16, 1975 APPROVED AS TO FORM: City Attorney BIG THREE INDUSTRIES, INCORPORATED 1 By: A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve "Partial Police Consolidation agreements with the cities of Port Neches and Groves as follows: All Voted Aye. INTERLOCAL COOPERATION CONTRACT BETWEEN THE CITIES OF NEDERLAND, PORT NECHES, AND GROVES, TEXAS FOR CONSOLIDATION OF RECORDS KEEPING, IDENTIFICATION AND CRIMINAL INVESTIGATION FUNCTIONS AND SERVICES THE STATE OF TEXAS THE COUNTY OF JEFFERSON THE CITY OF NEDERLAND THE CITY OF PORT NECHES THE CITY OF GROVES WHEREAS, the Interlocal Cooperation Act of the State of Texas, House Bill 646, Chapter 513, passed by the 62nd Legislature in regular session and becoming effective on May 31, 1971, authorized local governments to make and enter into intergovernmental contracts for governmental functions and services; and, WHEREAS, the Cities of Nederland, Port Neches, and Groves, Texas, have approved and adopted the Mid - County Police Consolidation Study, prepared by Bernard Johnson, Incorporated, Houston, Texas, recommending partial consolidation of police functions, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the City of Nederland, acting herein by and through the Honorable Homer Nagel, Mayor, hereunto duly authorized: the City of Port Neches, acting herein by and through the Honorable G. C. Fells, Mayor, hereunto duly authorized; and the City of Groves, acting herein by and through the Honor- able Sylvester Moore, Mayor, hereunto duly authorized, do hereby make and enter into this Interlocal Cooperation Contract for governmental functions and services on the terms, provisions, covenants and agreements as follows, to wit: 1. Consolidation: The functions of records keeping, identification, and criminal invest- igation shall be consolidated by this agreement under the provisions set out below. 2. Term: The term of this contract shall be one year contigent upon the receipt of a Texas Criminal Justice Council Action Grant to provide said money for this period. 3. Functions: The functions of identification and records keeping shall be housed at the City of Groves Police Station. The function of criminal investigation shall be embodied in a two -man detective bureau. This bureau will be divided between the Cities of Port Neches and Nederland for supervisory purposes. 4. RESPONSIBILITIES: Responsibility for day -to -day supervision of the three functions covered by this agreement shall be vested in the chief law enforcement officer of 1 Minutes continued, December 16, 1975 167 the city in which the function is located. Overall policy decisions and program direction will be the responsibility of a Board of Directors. Said Board shall be composed of: a. City Manager, City of Groves b. City Manager, City of Port Neches C. City Manager, City of Nederland d. City Marshal, City of Groves e. Chief of Police, City of Port Neches f. Chief of Police, City of Nederland The chairman of this Board shall be elected by the membership thereof and serve for one year. The Board shall meet a minimum of once a month and as often as necessary to insure proper coordination. Meetings of the Board will be called by the chairman or a majority of the members. 5. Renewal: This Intergovernmental Cooperation Contract may be extended and re- newed from year to year by the affixing of the signatures of the mayors of each city with the approval of the city councils. Budgets for succeeding years of this consolidation effort will be prepared by the Board of Directors and will take effect upon the approval of the respective city councils with the approval of this contract or a modification thereof. 6. Extent: This contract shall not be construed to extend beyond the functions of criminal investigation, records keeping and identification, as set out herein and as described in the Texas Criminal Justice Council Action Grant Application, attached hereto and made an indivisible part hereof unless agreed to in writing by all contracting parties. 7. Acceptance of Requirements: All applicable requirements of the Texas Criminal Justice Council and the Law Enforcement Assistance Administration shall be construed as being a part of this contract where the expenditure of TCJC funds is involved. Made and entered into on this the 16th day of December A.D., 1975. City of Nederland HOMER E. NAGEL Homer Nagel, Mayor Witness: Bob Henson, City Manager City of Groves Sylvester Moore, Mayor Witness: Skipper Wallace, City Manager City of Port Neches . C. Fells, Mayor Witness: Jim Davis, City Manager Presentation of the Annual Audit report for the October 1, 1974, to September 30, 1975, fiscal year by Neushafer and Browning, Certified Public Accountants, Beaumont. 168 Minutes Continued, December 16, 1975 A motion was made by Mr. LeBlanc and seconded by Mayor Nagel to authorize payment to Neushafer and Browning, Certified Public Accountants for Annual Audit Report in the amount of $2,650.00 for regular audit and $200.00 for Revenue Sharing Audit. A motion was made by Mr. Gillespie and seconded by Mayor Nagel to adopt the following amendment to Ordinance #107 providing for 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 avenues indicated. All drivers of vehicles must come to a complete stop at such signs. STOP Avenue D at South 14th. Street STOP Avenue E at South 14th. Street STOP Avenue F at South 14th. 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. 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 16th day of December 16, A.D., 1975. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary 1. Ball Park with Slow Pitch League. 2. Central Gardens Water District (WCID #10) was represented by Mr. James Hanley, Chairman of the Board, and by Mr. Clyde Bolin, Manager, in requesting that the City of Nederland support the designation of Central Gardens as the Planning Agency by the Texas Water Quality Board for Kinard Gardens, Price Addition, and Delmonte Addition. 3. Discussion of dog complaint 4. Demolishment of abandoned ImHoff Tank 5. Nederland Avenue Right -of -Way and Left -Turn lane. 6. Southern Union Gas Extension Policy. 7. Attendance discussed to the December 17, 1975 Southeast Texas Regional Planning Commission meeting. The meeting was adjourned at 9:10 P.M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Sue Harr s, Acting City Secretary City of Nederland, Texas 1 Minutes continued, December 16, 1975 A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize advertise- ment for bids for six - hundred (600) linear feet of one and one -half (1z) inch diameter fire hose and one (1) smoke ejector to be received 6:30 P.M. January 27, 1976. All Voted Aye. Discussion Items Were As Follows: 1. Ball Park with Slow Pitch League. 2. Central Gardens Water District (WCID #10) was represented by Mr. James Hanley, Chairman of the Board, and by Mr. Clyde Bolin, Manager, in requesting that the City of Nederland support the designation of Central Gardens as the Planning Agency by the Texas Water Quality Board for Kinard Gardens, Price Addition, and Delmonte Addition. 3. Discussion of dog complaint 4. Demolishment of abandoned ImHoff Tank 5. Nederland Avenue Right -of -Way and Left -Turn lane. 6. Southern Union Gas Extension Policy. 7. Attendance discussed to the December 17, 1975 Southeast Texas Regional Planning Commission meeting. The meeting was adjourned at 9:10 P.M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Sue Harr s, Acting City Secretary City of Nederland, Texas 1 170 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 13, 1976 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 December 16, 1975 meeting as written. All Voted Aye. Sealed bids were received, opened and read for several improvements to C. Doornbos Park. Bidders were Hubbard Electric, Hick's Construction Co., Ritter, and Mar -Len. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer bids to the City Manager and Caldwell Associates for tabulation and recommendation. All Voted Aye. A Public Hearing was conducted in response to solicitation for comments, statements, etc., by City of Nederland in determination of "findings of no significant effect" on the en- vironment anticipated as a result of extension of wastewater lines to Clayton Addition through the H.U.D. Community Development Block Grant Program. There was no response from the audience. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to acknowledge that a Public Hearing was duly and properly conducted pertaining to extension of wastewater lines to Clayton Addition through the H.U.D. Community Development Block Grant Program. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize publication of a "request for release of funds" from H.U.D. five (5) days after publication of notice. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to.approve Resolutions authorizing agreements with the U.S. Department of Labor for Comprehensive Employment and Training Act Grants: No. J- 24 -76, No. J- 34 -76, No. J- 04 -76; through the South East Texas Regional Planning Commission. All Voted Aye. A RESOLUTION WHEREAS, the City of Nederland, Texas, deems it necessary and proper to apply for a Comprehensive Employment and Training Act Grant, Number J- 24 -76, in the amount of $23,771.00; NOW, THEREFORE, BE IT RESOLVED BY THE ABOVE NAMED APPLICANT THAT D. B. Henson, City Manager, is hereby authorized and directed to execute the neces- sary documents and to comply with rules and regulations pursuant thereto which are in ac- cordance with the constitution and laws of the United States, and to endorse the acceptance of the grant when made in behalf of the City of Nederland, Texas. AUTHORIZED, APPROVED AND ADOPTED during a legally convened meeting of the City Council of the City of Nederland this 13 day of January, 1976. CITY OF NEDERLAND HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER '74 Minutes Continued, January 13, 1976 A RESOLUTION WHEREAS, the City of Nederland, Texas, deems it necessary and proper to apply for a Comprehensive Employment and Training Act Grant, Number J- 34 -76, in the amount of $29,648.00; NOW, THEREFORE, BE IT RESOLVED BY THE ABOVE NAMED APPLICANT THAT D. B. Henson, City Manager, is hereby authorized and directed to execute the necessary documents and to comply with rules and regulations pursuant thereto which are in accordance with the constitution and laws of the United States, and to endorse the acceptance of the grant when made in behalf of the City of Nederland, Texas. AUTHORIZED, APPROVED AND ADOPTED during a legally convened meeting of the City Council of the City of Nederland this 13 day of January, 1976. CITY OF NEDERLAND HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland A RESOLUTION WHEREAS, the City of Nederland, Texas, deems it necessary and proper to apply for a Comprehensive Employment and Training Act Grant, Number J- 04 -76, in the amount of $45,326.00; NOW, THEREFORE, BE IT RESOLVED BY THE ABOVE NAMED APPLICANT THAT D. B. Henson, City Manager, is hereby authorized and directed to execute the necessary documents and to comply with rules and regulations pursuant thereto which are in accordance with the constitution and laws of the United States, and to endorse the acceptance of the grant when made in behalf of the City of Nederland, Texas. AUTHORIZED, APPROVED AND ADOPTED during a legally convened meeting of the City Council of the City of Nederland this 13 day of January, 1976. CITY OF NEDERLAND HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve an agreement with Superior Parking Lot Services for sweeping seven (7) streets weekly at three - hundred and fifty dollars ($350.00 per month. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize librarian Barbara Newberry to attend Lamar University Certification Course on Saturdays beginning January 24, 1976 with tuition of $98.00 to be reimbursed by City upon satisfactory completion; Builder inspection Correspondence Course for George Hallmark, Building Official, from Southern Building Code Congress, $40.00 course expense to be reimbursed by City upon satisfactory completion. All Voted Aye. 172 Minutes Continued, January 13, 1976 A mo -on was made by Mr. Nagel and seconded by Mr. Nugent to recommend to the Texas ater Qualit Board that w large area in Nederland's Extraterritorial Jurisdiction be re signed from Ne rland's planning area to Jefferson County WCID #10 planning area. All V ted Aye. A motion wa made by Mr. Nagel and seconded by Mr. Gillespie to table action til the next regular meet g on authorization for the "slow- pitchi' soft ball league to de lop the dia- mond located b ind the Service Center. All Voted Aye. A motion was mad e y Mr. Nugent and seconded by Mr. Gillespie to adopt p dinance No. 290 providing for utili companies to maintain records of all communicati s between public utilities and the ci and to submit same monthly to the City of Nede and. All Voted Aye. ORDINANCE NO. 290 AN ORDINANCE ADOPTING PUBL UTILITY COMMUNICATIONS RULES GO NG THE CONDUCT OF ALL COMMUNICATIONS, VERBAL OR WR TEN, BETWEEN PUBLIC UTILITIES, IR AFFILIATES AND REPRE- SENTATIVES WITH THE REGULATOR UTHORITY AND PROVIDING AN E CTIVE DATE. WHEREAS, the Public Utilit Regulatory Act, Articl 1446c, V.A.C.S., provides in part that the governing body of eac municipality shall ave exclusive original jurisdiction for the regulation of the rates and rvices of all pu is utilities providing service within the city limits, with the exception o telecommunica ons utilities, and has defined each municipality as the Regulatory Authorit for the p pose of exercising such jurisdiction; and WHEREAS, Section 34 of the public U 'lity egulatory Act provides that the Regulatory Authority shall prescribe regulations govern communications by public utilities, their affiliates and their representatives, with th egulatory Authority or any member or employee of the Regulatory Authority; and WHEREAS, the City Council propose to adopt set of rules to be known as the "public Utility Communications Rules", for the rpose of co lying with Section 34 of the public Utility Regulatory Act, and for the p pose of governs g the conduct of all communications, verbal or written, between public ut' ities, their affi 'ates and representatives with the Regulatory Authority, its members d employees; and WHEREAS, although the pu is Utility Regulatory Act b came effective on September 1, 1975, the jurisdiction of the egulatory Authority pursuant to the provisions of the Act becomes effective on January , 1976; Now Therefore, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF NEDERLANI. Section I That the pub c Utility Communications Rules, attached hereto and 'dentified as Exhibit "A ", be a are hereby adopted as the public Utility Communication Rules of the City of Nederlan pursuant to the provisions of Section 34 of the Public Utility Regulatory Act. Section II / T t the public Utility Communications Rules hereby adopted shall become effe tive January 1, 1976, and shall thereafter govern the conduct of all communications, verbs or writt , between public utilities, their affiliates and representatives with the Regula pry Aut rity or any member or employees of the Regulatory Authority. Minutes Continued, January 13, 1976 it, ij ' - I- ; , � 1. ,f „lie City Council this the 13 day of January, A. D., 1976. ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas t HOMER E. NAGEL Mayor, City of Nederland, Texas 173 a 1 t 1/5 Minutes Continued, January 13, 1976 A motion was made by Mr. Nagel and seconded by Mr. Nugent to recommend to the Texas Water Quality Board that a large area in Nederland's Extraterritorial Jurisdiction be reassigned from Nederland's planning area to Jefferson County SCID No. 10 planning area. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action until the next regular meeting on authorization for the "slow- pitch'+ soft ball league to develop the dia- mond located behind the Service Center. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action on adoption of an ordinance providing for utility companies to maintain records of all communications between public utilities and the city and to submit same monthly to the City of Nederland. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action authorizing preparation of an "Interlocal Corporation Agreement" with other cities having less than 50,000 population. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve an Election Order calling an election April 3, 1976, for the purpose of electing a Mayor and a Councilman for Ward Two and Ward Four; to set the polling place at the Fire Station, 1400 Boston Avenue, from 7;00 A.M. to 7;00 P.M.; and, to provide posting of the Election Order in Spanish as well as in English. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to reappoint Messrs. Leo D. Tucker, John T. Lewis, and Melvin Spittler as members of the Board of Equalization for 1976 and to designate Mr. John Lewis as Chairman in accordance with Section 8.13 of the City Charter. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize Mr. A. A. Salter's attendance and expenses to the two day seminar on Wastewater Management in Dallas on January 14 and 15, 1976. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to reject a request for pro- vision of a list of Nederland water customers to KyKR Radio. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize an agreement with the Texas Department of Community Affairs contract for comprehensive-Planning Assistance, CDB- 1144 -48, and authorizing Mayor Homer E. Nagel to execute this contract on behalf of the City of Nederland; to authorize the attached contract -with R. W. Caldwell and Asso- ciates to perform,the services designated contingent upon approval by the Texas Department of Community Affairs.. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve Change Order No. 4 with C & S Truck Lines Incorporated deleting "seeding and fertilizing" from their contract and reducing same in the amount of $1,895.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize final payment, Estimate No. 3, to C & S Truck Lines Incorporated in the amount of $8,959.50. All Voted Aye A motion was made by Mr. Nagel and seconded by Mr. Nugent to reject a request by C & S Truck Lines Incorporated for an addition to the sloap protection work around the water feature in the amount of $4,609.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve a Resolution establishing equipment rates and wage rates for the City to perform approved work on C. Doornbos Park development. All Voted Aye. 176 Minutes Continued, January 13, 1976 RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND FINDING AND DETERMINING THE HOURLY COST OF OPERATING CERTAIN CITY EQUIPMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, after examination of records maintained by the said City of Nederland, it has been determined that thb equipment use rates based on actual operating and maintenance expenditures, excluding qualified operators, to be utilized by the City in the improvements on City property known as: Doornbos Heritage '76 park Project, Project Number 48 -00319 are as follows: EQUIPMENT RENTAL RATES ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve modifications to park plans, memo dated January 8, 1976, upon approval by other interested parties. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to table action on bids /quotations for park landscaping work. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve letter to Mr. Don Hendryx - Vice Chairman of Jefferson County Bond Program and Commissioner James A. Smith, Jr..- precinct No. 2 - outlining four (4) street projects for inclusion in the proposed Jefferson County Road Bond program. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve payment of bills for the month of December, 19759 in the amount of $16,044.26 by General Fund Checks No. 5750 -5820 and $18,991.48 by General Fund Checks No. 1735 -1764, a total of $35,035.74• All Voted Aye. Day Week Month Dump Truck, 6 "cubic yard 45.00 155.00 465.00 Hydro- Scopic, Truck Mounted 256.00 767.00 2,300.00 Roller, 1 Ton 40.00 120.00 360.00 Water pump, 1211 11.00 33.00 99.00 Water Pump, 211 12.00 36.00 100.00 Pickup Truck, 2 Ton 25.00 75.00 200.00 Whacker 28.50" 85.00 250.00 Backhoe 95.00 285.00 850.00 Tractor with Spreader Box 40.00 120.00 360.00 Ditching Machine (small) 45.00 155.00 465.00 Misc. Small Tools per crew of 5 men 12.00 36.00 100.00 Wages shall be in accordance with attached budget. PASSED AND APPROVED at a meeting of the City Council of Nederland, at which meeting a quorum was present this the 13 day of January, 1976. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve modifications to park plans, memo dated January 8, 1976, upon approval by other interested parties. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to table action on bids /quotations for park landscaping work. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve letter to Mr. Don Hendryx - Vice Chairman of Jefferson County Bond Program and Commissioner James A. Smith, Jr..- precinct No. 2 - outlining four (4) street projects for inclusion in the proposed Jefferson County Road Bond program. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve payment of bills for the month of December, 19759 in the amount of $16,044.26 by General Fund Checks No. 5750 -5820 and $18,991.48 by General Fund Checks No. 1735 -1764, a total of $35,035.74• All Voted Aye. did Minutes Continued, January 13, 1976 Discussion items were as follows: 1. water Quality Management, Advisory Committee report of meeting. 2. Request from TML President Lila Coehrell for Mayor to serve on Legislative Committee on Personnel, meeting January 30 in Austin. 3• Stray dogs. 4. TML meeting, Thursday, January 15. - 5• SETRPC meeting, Red Carpet Inn, January 21, 1976. 6. Nederland Avenue re— surfacing. 7. Citizen's Advisory Committee assistance on next Community Development Block Grant program. 8. police station plan being held in abeyance. 9• Sun Oil Company has signed agreement. 10. Flood insurance report. 11. EPA study. 12. Suggestions from State Board of Insurance. 13. Took over maintenance of signals on Hwy. 347 12/24/75. 14. Police consolidation suggestions. 15. Signal at Helena and Hwy. 347 blinking until 7:00 A.M. The meeting was adjourned at 10:15 P. M. ATTEST: City Secretary, City of Nederland, Texas 1 7g Mayor, City of Nederlan , Texa REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 27, 1976 The meeting was called to order at 6;30 P. M. by Mayor H. E. Nagel. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. C. N. LeBlanc, 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 Noted Aye. Sealed bids were opened and read for 600 l.f. 12't diameter fire hose and one (1) smoke ejector holder. Bidders were Arthur Dooley and Son, Claude Wright and Associates, Modus Operandi Unlimited, and Arlington Equipment. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to table action on award of fire hose bids until the next meeting. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize Chief Neal to provide one officer and patrol car to escort the Bicentennial Goodwill Tour to south Louisiana on February 21st as requested by Don Watt, Chairman; and to appoint Mr. George Jinks, Jr. to the Bicentennial Committee. All Voted Aye. Mrs. J. M. Lupton and others were present to request pedestrian crossing improvements to C. 0. Wilson, Jr. High School at the corner of Helena Avenue and 27th Street. A motion was made by Mr. Nagel and seconded by Mr. Nugent to instruct the Chief of Police to provide a person to assist in pedestrian crossing to C. 0. Wilson Junior High School, corner of Helena Avenue and 27th Street, for the remainder of this school year, and to make a study to determine the best procedure to follow for next year. All Voted Aye. John Stevens, Chairman of the Airport Sub - Committee, presented proposed Jefferson County Airport improvements as recommended by the Consultant, Hudgins, Thompson, Ball and As- sociates of Oklahoma City. Several residents of the Beauxart Gardens area were also present and voiced their opposition to the proposal. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to instruct the City Attorney to prepare a Resolution to the effect that this City Council recommends that the airport be extended to the south. All `Toted Aye. Mr. George Ferguson, 3004 Tipps Drive, was present to register complaint of stray dogs in his neighborhood. Mr. Ray pace of Gulf States Utilities Company was present concerning a request for in- crease in electric rates and charges within the City of Nederland. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the proposal as presented by Mr. pace, Gulf States Utilities Company, and table action until such time as we have the actual increase. All Voted Aye. , A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize awarding of con- tract to low bidder Ritter Construction for Item 3 and Item 4 of Doornbos park improve- ments; tennis courts - $28,944.00; tennis court fencing - $4,454.00; award to Hubbard 1 h 1 Minutes Continued, January 27, 1975 Electric Item 2 electrical distribution tennis court lighting - $4,004.00; and $509.86. All Voted Aye. 179 and lighting - $43,601.00, and Alternate „An payment to Caldwell for architectural service A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize request for an increase of 10% in grant from Texas parks and Wildlife and U. S. Bureau of Outdoor Recreation. A RESOLUTION REVISING PROJECT NO-48- 00319, C. DOORNBOS 176 HERITAGE PARK APPLICATION WHEREAS the Act of the 59th Texas Legislature, Regular Session, 1965 approved May 6, 1965, entitled Senate Bill 165 (V.A.C.S. 6081r) 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 resi- dential property (including land intended for residential use ) or in the use of occupancy therefore: I ! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEX. Section 1. That an application be filed with the Texas parks and Wildlife De- partment 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), 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 $427,880.00 in an area or areas to be designated and specially described in such application, and that the Mayor, Homer E. Nagel, is hereby authorized and directed to execute and file such application and to execute such contract or contracts as may be necessary for the grant applied for, and is further authorized and directed to provide such additional information and furnish such documents as may be required by the Texas Parks and Wildlife Department and to act as the authorized representative 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 requi- sition for funds and to act as the authorized fiscal representative of the City of Neder- land 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 27th day of January, 1976. ATTEST: ALTA FLETCHER City Secretary, City of Nederland APPROVED: H. E. NAGEL Mayor, City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize extension of a 2« diameter water main for 1,200 feet to 3206 Seattle in accordance with Ordinance No. 149 at a total cost to customers of $3,431.66 - Mr. B. E. Maltba - maximum fifteen (15) customers. All Voted Aye. ISO Minutes Continued, January 27, 1976 A motion was made by Mr. Nagel and seconded by Mr. Nugent to relocate the facilities at an approximate cost of $1,075.00, contingent upon the Slow -pitch Softball League being able to relocate poles, in developing a ball park behind the service center. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize attendance and expenses of Mayor Nagel to Texas Municipal League Legislative /personnel Committee Meeting in Austin, January 30, 1976. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize low flight of aircraft along certain portions of Nederland in accordance with the map by Jefferson County Mosquito Control District. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize attendance and expenses of Civil Defense officials to the Division of Disaster Emergencies Services Conference in Austin - February 24 to 26. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve designation of a fireman as Assistant Fire Marshal as recommended by the State Board of Fire Insurance and wage increase to "A" fireman scale after ninety (90) days. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize the following Resolution providing for continuation of the police Consolidation program. All Voted Aye. RESOLUTION BE IT REMEMBERED, that on this the 27th day of January, A.D., 1976, in the City of Nederland, at a duly called and regular meeting of the City Council of the City of Neder- land, there was read, presented, considered, and came on to be heard and adopted, the following Resolution. THAT WHEREAS, the apprehension of offenders is one of the primary duties of the Criminal Justice system, and; WHEREAS, certain police functions have been undertaken through a consolidation program partially funded by Criminal Justice Council; NOW, THEREFORE, BE IT RESOLVED that, this the City Council of the City of Nederland hereby does endorse and authorize the aforementioned Action Grant Application to the Texas Criminal Justice Council, and hereby - expresses its commitment to continued financial support for this project following the expiration of CJC support, a copy of which is here- to attached and made an indivisible part hereof. Done this 27 day of January, A. D., 1976, by the City Council of the City of Neder- land, Texas. - 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 necessary steps to be taken in acquiring rights -of -way along Nederland Avenue and to authorize payment to Mr. Hermann Blanton of $450.00 for appraisals. All Voted Aye. _ 1 1 1 Minutes Continued, January 27, 1976 Discussion items were as follows: 1. T. Ray Sehon, Luling Avenue, drainage problem. 2. Burt Allman, 900 Block Shaw, disturbance caused by water line. 3. Mrs. Bob Menchaca, 903 Louise, request for used drainage pipe. 4. Replacement of street signs. 5. Mrs. Irene Bourque, drainage problem. 6. 2200 Block Avenue D, drainage. 7. R. C. Lane, S -14th Street, requests stop sign in middle of block. 8. February 24 meeting to be changed to February 17. 9. Goodwill tour, February 21. 10. Amendment to Ordinance No. 149. 11. Community Block Grant. 12. plastic garbage bag delivery. 13. Refund from Texas Utility Advisory Council. The meeting was adjourned at 10 :25 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 17z� 91X H. E. Nagel, Mayor City of Nederland, Texas 181 1.82 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' February 10, 1976 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. Members of the Nederland Westernaires with Mrs. Beverly Minaldi, Director, were present when Mayor Nagel signed a proclamation recognizing them for their recent honor of win- ning "first place" in "Miss Drill Team USA" national competition in Santa Monica, Cali- fornia. Mrs. Mickey Dominy was present to receive recognition from the Mayor in the form of a Resolution recognizing her as Nederland's 1975 Teacher of the year and in recognition of her outstanding influence as a community leader in the field of education. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve Minutes of January 27, 1976 as written. All Voted Aye. Bids received January 27 for fire hose and smoke ejector were considered for award. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to reject the bid of Delta Safety inasmuch as the bid was not received prior to bid opening time. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to accept the bid of Claud Wright in the amount of $1,062.00 for the purchase of fire hose and smoke ejector in — accordance with bid submitted. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to reject request for street light at corner of peterson and Canal and to authorize installation anor re- location of several street lights on Boston Avenue so as to provide lights at all inter- secting streets between Twin City Highway and Gage Avenue with upgraded light at Gage Avenue, and various other changes as recommended by Mr. John Bamber in memo of January 27. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 149 providing for amended fees for installation of water and or wastewater services outside the city limits. All Voted Aye. AMENDMENT TO ORDINANCE NO. 149 AN AMENDMENT TO ORDINANCE NO. 149, AN ORDINANCE REGULATING THE INSTALLATION OF WATER AND SEWER LINES OUTSIDE THE CITY OF NEDERLAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That a policy for extension of sanitary sewer service to customers situated out- side of Corporate Limits of City of Nederland, shall be as follows: All sewer customers outside City Limits whose property is situated within fifty (50) feet of an existing sewer main may acquire service by payment of tapping _ fee, deposit and sewer rates as stipulated by Ordinance No. 155, and plumbing permits one and one -half times the inside City rates. Minutes Continued, February 10, 1976 183 The City of Nederland reserves the right to accept or to reject any application for sewer service and to limit the above policy to any extensions outside City Limits of more than fifty (50) feet or serving more than one (1) customer. That a policy for extension of water service to customers situated outside of Cox- porate Limits of City of Nederland, shall be as follows: All water customers outside City Limits whose property is situated within fifty (50) feet of an existing water main may acquire service by payment of tapping fee, de- posit and water rates as stipulated by Ordinance No. 155 and by agreeing to use garbage service at rates as set out in Ordinance No. 155; OR All water customers outside City Limits whose property is situated in excess of fifty (50) feet from an existing City water main may acquire service by complying with Sections (a) through (g) as follows: (a) By payment of tapping fee, deposit and water rates as stipulated by Ordinance No. 155 and by agreeing to use garbage service at rates set out in Ordinance No. 155; (b) By participating to $2.50 per linear feet for 21, pipe water main for all ex- ceeding first fifty (50) feet, which cost is included in tapping fee; (c) By deeding the Itlien— freer, facility to City upon completion and acknowledge that no rebate will be requested when additional customers are connected, area is annexed, or other; (d) By agreeing not to allow the addition of any customer to his connection; (e) By agreeing that the option shall be with the City Council of City of Nederland - to discontinue service for violation of this policy, during periods of water shortages or any other condition deemed as due cause by City Council by City giving thirty (30) days written notice to customer prior to discontinuance of service. (f) By payment of Plumbing Inspection Fees at One and One —Half times the inside the City of Nederland Fee. (g) City reserves the right to acceptor reject any applications for water service outside of the City of Nederland. Any extension exceeding two— hundred (200 ) feet in length or requiring larger than a two— inch '(2tt) main water line or serving more than ten (10) potential water customers shall be approved by City Council after due consideration of water supply available, etc. PASSED AND APPROVED by the City Council of the City of Nederland, this the 10th day of February, A.D. 1976. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize several Scout Troops to paint fire hydrants along Helena Avenue, Nederland Avenue and Avenue nHn in the Bicentennial theme. All Voted Aye. 184 Minutes Continued, February 10, 1976 A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to amend the policy esta- blishing city officials expenses at out of town meetings as follows. All Voted Aye. , CITY EMPLOYEES' POLICY - SCHOOLS AND MEETINGS 1. SCHOOLS: Expenses shall be appropriated in the Annual Budget, and additional approval obtained from City Council for each school. City will pay all expenses for schools attended during the scheduled working hours and tuition and regis- tration expenses only at schools conducted at times other than scheduled working hours, however, tuition will be paid by employee if he fails to attend sufficiently to be awarded a '?Certificate of Completion.?? 2. MEETINGS: Expenses incurred by Department Heads (Tax Assessor - Collector, Librarian, Treasurer, Director of Public Works, Fire Marshal, Police Chief, Plumbing Inspector, Building and Electrical Inspector, Water Superintendent, Attorney, Judge), only, shall be appropriated in the Annual Budget, and additional approval obtained from City Council prior to attendance at any meeting other than as follows: A. ANNUAL STATE TEXAS MUNICIPAL LEAGUE MEETINGS: Each Department Head 'shall be permitted to attend every other year. B.. ANNUAL STATE DEPARTMENTAL MEETINGS: Each Department Head shall be permitted to attend one State Meeting every year. C. REGIONAL TEXAS MUNICIPAL LEAGUE MEETINGS: Each Department Head may attend every other month. D. LOCAL.DEPARTMENTAL MEETINGS: Each Department Head may attend monthly meetings of that Organization. EXPENSE MAXIMUMS: Room: Actual Cost, Not to exceed $35.00/day, supported by receipt Meals: $15.00/person/day , Tips,.Parking, etc.: $10.00/day Transportation: .15 mile in Personal Vehicle, Actual cost by public NOTE: Attendance at out -of -town meetings shall be limited such as that not more than half of all Department Heads shall be absent at any one time. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve propositions per- taining to the Bicentennial Celebration to be held March 17 -21 as requested by Mr. Don Watt, Bicentennial Chairman. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the following Amendment to Ordinance No. 164 providing for a regular City Council meeting on February 17th and cancelling the regularly scheduled meeting of February 24th. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM JANUARY 17, 1976 THROUGH APRIL 6, 1976. 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: - February 17, March 9 and 23, April 6. 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 February, 1976. ALTA FLETCHER H. E. NAGEL City Secretary Mayor _ I Minutes Continued, February 10, 1976 A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the low bid of Crossgate in the amount of $2,338.00 for 125 trees to be planted by city forces in the C. Doornbos park. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize participation with City of Beaumont and other area cities in retaining Touche Ross and Company of Dallas to analyze the recent rate increase request by Gulf States Utilities upon approval by Gulf States Utilities to provide compensation for same. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the following Resolution commending Mrs. Carrie Goodwin, widow of Nederland's first mayor - Mr. J. H. Goodwin - for having served as caretaker for the Windmill Museum from October 27, 1973 to present. All Voted Aye. A RESOLUTION WHEREAS, Mrs. Carrie Goodwin has provided capable and faithful service to the City of Nederland and citizens thereof from October 27, 1973 to this date as care- taker of Nederland's Windmill Museum; and, WHEREAS, Mrs. Goodwin, widow of Nederland's first Mayor - J. H. Goodwin, has provided some seven - thousand (7,000 ) visitors to the Windmill with the benefit of her knowledge of Nederland and the surrounding area; and, WHEREAS, Mrs. Goodwin always presented her special cup of kindness and friendliness with dignity in such greetings; NOW, THEREFORE, BE IT RESOLVED, that Mrs. Carrie Goodwin be commended and recognized publicly for such service (particularly when considering that she was born in 1888 ) and that said Mrs. Goodwin be delivered a copy of this document on behalf of the City Council of the City of Nederland. Adopted during a regularly convened meeting of the City Council of the City of Nederland, Texas, on this 10th day of February, A.D. 1976. HOMER E. NAGEL Mayor ATTEST: ALTA FLETCHER City Secretary D. BOB HENSON City Manager R. A. DICK NUGENT Councilman CARL N. "CROPO" LEBLANC Councilman ROBERT D. SAWYER Councilman SAM GILLESPIE Councilman A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize payment of bills for month of January in the amount of $27,320.89 by General Fund Checks No. 5866 -5924 and $13,625.84 by Water Fund Checks No. 1778 -1805, a total of $40,946.73. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the annual sewer cleaning program and receipt of quotations at 5:00 P. M., March 9, 1976. All Voted Aye. Discussion items were as follows: 1. Driveway entrance complaint, Mr. Wayne Webb, 709 24th Street. 2. Railroad crossing at Helena Avenue needs attention. 3. Long length of wait at traffic signal on Highway 347 at Helena Avenue. 4. Letter required on Council meeting being changed from February 24 to February 17. 186 Minutes Continued, February 10, 1976 5. Delivery of garbage bags, 'March 15th. 6. Report by the Mayor on meeting of Legislative Committee on personnel. 7. Fire Code increasing requirements to four firemen on duty at all times with three volunteers per paid man. 8. Fire hydrants. 9. Block Grant. 10. Ridgecrest- Crestview water line extension. li. Request for Release of Funds - second time. 12. Summary - Drainage District - Alligator Bayou pump station. 13. police annex building. 14. D J portable building could be used for maintenance building. 15. Mid- County Chronicle Review advertizing from motel tax. 16. Zoning change for 22 acre site along Highway 365. 17. Building permits issued in Walling Meadows. 18. Storage building moved in, 608 14th Street, Sonny Carlin. 19. Mobile homes moved in, Nederland Avenue and 21st Street. 20. pending action with Southwestern Bell Telephone. 21. Work order issued by Major Ford to move poles at park for softball. 22. Community Development Block Grant program. The meeting was adjourned at 9:45 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 17, 1976 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, and Mr. Sam Gillespie. Mr. R. A. Nugent was absent. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to appoint Chris Pastorella as Acting City Secretary during the absence of City Secretary - Alta Fletcher. All Voted Aye. A motion was made by Mr. C. N. LeBlanc and seconded by Mr. R. D. Sawyer to approve Minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. C. N. LeBlanc and seconded by Mr. Nagel to grant preliminary approval of the pre - application number TX60216006 for second year funding on the Community Development Block Grant Program; and set public hearings for 6:30 P. M. March 2, 1976, and 6:30 P. M. March 9, 1976 to offer an opportunity for public participation in this determination. All Voted Aye. A motion was made by Mr. C. N. LeBlanc and seconded by Mr. H. E. Nagel to approve the items in connection with requirements of the Texas Water Quality Board and the Environmental Protection Agency pertaining to studies of Nederland's sewer system; (a) revised schedule for Step I, (b) evaluation survey planned to be prepared by Charles R. Haile Associates, Incorporated, for an additional cost estimated to be $311,005.20 - the City's participation of 25 %, $78,000.00 and authorize an amendment to the budget to provide for City payments. All Voted Aye. RESOLUTION CITY OF NEDERLAND Whereas, the City of Nederland, Jefferson County, Texas has made application to the Texas Water Quality Board and the Environmental Protection Agency for a Federal grant pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92 -500, and the rules and regulations thereto. Now Therefore, Be It Resolved by the above named applicant that the application for which Federal grant assistance has been requested pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92 -500, will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule. General Information Date Availability of applicant's share of project costs Availablilty of site(s) for project facilities IProject Schedule Item Step 1 Step 1: Funds are Step 2: now Step 3: available. Now Available. Calendar Days A. Infiltration /Inflow Analysis (with Evaluation Minutes Continued, February 17, 1976 Survey Plan of Study, if required) Report completed & submitted to State 304 days after Step I grant award. ' B. Infiltration /Inflow Evaluation Survey (if required) Report completed & submitted to State 274 days after grand amendment for Survey. C. Environmental Assessment (including time for draft report, advertisement, and hearing) Final report completed & submitted to State 725 days after Step 1 grant award. D. Facility Plan Report completed & submitted to State 60 days after EPA approval of I/I Analysis & I/I Survey (if required). Step 2 Final Plans and Specifications completed and submitted to State 150 days after Step 2 grant award. Step 3 Advertise for Consturction Bids within the days indicated after authorization to advertise for bids has been issued. 30 days Submit Bid Opening Documents within the days indicated after the bid opening date, , 30 days Award of Construction Contract within the days indicated after authorizatin to award the contract has been issued. 10 days Initiation of Construction within the days indicated after the award of the contract. 30 days Complete Construction within the days indicated after initiation of construction. 365 days Be it further resolved, that the above named applicant understands that the above project schedule must be approved by the Texas Water Quality Board and the Environmental Protection Agency, and that once a project schedule has been approved, no changes will be authorized without first receiving approval of the change from the Texas Water Quality Board and the Environmental Protection Agency. Passed, approved, and adopted this 17th day of February, 1976, ATTEST: S /HOMER E. NAGEL Signature and Title of Official CHRIS PASTORELLA Governing Body ACTING CITY SECRETARY Homer E. Nagel, Mayor City of Nederland ' A motion was made by Mr. H. E. Nagel and seconded by Mr. R. D. Sawyer to accept a gift of $27,000.00 from the Doornbos family for additional funding for development of C. Doornbos Park by Mr. Billy Wayne Doornbos. Donations were made by: Barbara and Felix Walters, $1000.00; Louise Doornbos, $1000.00; H. C. & May Youmans, $5000.00; Richard and Peggy Doornbos, $5000.00; Bill and Opal Doornbos, $15,000.00. All Voted Aye. 189 Minutes Continued, February 17, 1976 A motion was made by Mr. H. E. Nagel and seconded by Mr. C. N. LeBlanc to join with the Fort Neches "George Boyd Memorial Library" in sponsoring a bus trip to Houston ' at patrons expense on March 7 to see "the Hermitage Collection of Art ". All Voted Aye. A motion was made by Mr. C. N. LeBlanc and seconded by Mr. H. E. Nagel to authorize a request for "certificate of convenience and necessity" from the Public Utility Commission of Texas for Nederland to operate public utility systems and authorize Mr. A. A. Salter to sign on behalf of the City of Nederland. All Voted Aye. A motion was made by Mr. C. N. LeBlanc and seconded by Mr. H. E. Nagel to approve the agreement with "32nd Street Ridgecrest Addition Sewer Association" for extension of sewer lines and appurtenances to serve twenty -six (26) customers outside the city; Mr. Maltba and others. All Voted Aye. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X This agreement made and entered into by and between the City of Nederland, a municipal corporation in Jefferson County, Texas, hereinafter referred to as CITY and the 32nd Street Ridgecrest 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 eight and eighty /100 dollars ($8.80) per member of the association per month, based on 8,000 gallons water usage; however, Ordinance No. 155 will apply on and after such time a customer begins using water service from the City. 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, insurance, easements, materials, right -of -ways, and contingencies necessary to construct the sewer system located within the boundaries of the Association. The materials and fees to be supplied by the Association include, but are not limited to, the following: 1. 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 3- inches per 100 feet. 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 -fifty and no /100 dollars ($150.00) and manhole connection would cost an additional Five hundred dollars ($500.00). 199 Minutes Continued, February 17, 1976 6. The Association shall install 4 -inch wye branches and pay to the City a plumbing and inspection fee of Seven and 50/100 dollars ($7.50) per customer. , 4. The City agrees to furnish inspection of the sewer service by its employees and the City engineer, at no additional 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 One- thousand and no /100 dollars ($1,000.00). 5. 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 withing 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. The Association desires that the City not provide garbage or any service not I called for in this contract to any member of the Assocation. EM No more than twenty -six (26) customers shall be connected until further authorization is 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 become delinquent in their payments as per City Ordinance No. 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 Association covenants, binds, and obligates itself that all sewer connections and other plumbing hereafter installed in this system shall be and conform to the minimum requirements of the City and the Texas State Board of Health. The Association and its members covenant and agree to not 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. Minutes Continued, February 17, 1976 11. 191 ' 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 aor 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 ($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 Association will not be required to carry said insurance. The Association and /or the contractor shall furnish to the City, evidence that said insurance is in force and effect. 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 thirtyi(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 six (6) months from date of this contract. IN WITNESS WHEREOF, the City of Nederland, Texas and the 32nd Street Ridgecrest Addition 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 originals on this the day of , 1976. ATTEST: CITY OF NEDERLAND S /CHRIS PASTORELLA By;SJH.E, NAGLE C ris Pastorella, Acting City Secretary H. E, Nagel, Mayor 192 Mintues Continuted, February 17, 1976 APPROVED AS TO FORM AND LEGALITY: S /W.E. SANDERSON W. E. Sanderson, City Attorney 32ND STREET RIDGECREST ADDITON SEWER ASSOCIATION By:S /B.E. MALTBA B. E. Maltba, President By:S /K.A. Wagner Ken Wagner, Vice- President By:S /SABLE Sable Maltba, Secretary - Treasurer L A motion was made by Mr. C. N. LeBlanc and seconded by Mr. Sam Gillespie to authorize the policies governing the operation of the Nederland Library. All Voted Aye. Discussion items were as follows: 1. Discussed letter from Carrie B. Goodwin. 2. Letter from Gene Valentini (E.O.C.) was discussed. 3. Discussed meeting set for Thursday, May 19, 1976 with Commissioner's Court. 4. Discussed Southern Union Gas rate increase. 5. Chief Neal went over his Annual Report. The meeting was adjourned at 8:30 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Pastorella, Acting City Secretary City of Nederland, Texas - 1 190 SPECIAL MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND March 2, 1976 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. Sam Gillespie, and Mr. R. A. Nugent. Sue Harris was introduced as Acting City Secretary during the absence of City Secretary - Alta Fletcher. This being a joint meeting of the City Council, Citizen's Advisory Committee, City Staff, and City Planning Commission, Mayor Nagel announced that Mr. Matt Furth, Chairman of the Citizen's Advisory Committee, had agreed that Mayor Nagel would conduct the meeting. A Public Hearing was conducted in accordance with requirements of the Department of Housing and Urban Development Act of 1974 X1570.303 (e) (2) for reviewing a recommended second year application for Community Development Block Grant (Discretionary) Funds, which have, tentatively, been suggested to include water lines, storm sewers and paving and appurtenances within Clayton Addition (along 18th Street adjacent to Canal Street) estimated to cost $160,000.00, in accord- ance with Hearing Notice. Twenty -eight citizens were in attendance and no protests were made known. The Hearing was tape recorded and a cassette tape is on file. A motion was made by Mayor Nagel and seconded by Mr. Sam Gillespie to table action on Community Development Block Grant Funds until the next Public Hearing scheduled for 6:30 P.M. Tuesday, March 9, 1976. All Voted Aye. There was a review with representatives of Robert W. Caldwell and Associates, Inc., City Planners, concerning the aspects of a Central Business District Study, Housing Update Analysis and Comprehensive Park Development Plan. It was agreed for Robert W. Caldwell and Associates, Inc. to present new recommendations in a few weeks. The meeting was adjourned at 9:15 P.M. H. E. NAGEL % Mayor - City of Nederland, Texas ATTEST: ' SUE HARRIS Acting City Secretary City of Nederland, Texas 194 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , March 9, 1976 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. Gillespie and seconded by Mr. Nugent to approve Minutes of meetings of February 17 and March 2 as written. All Voted Aye. A Public Hearing was conducted in accordance with requirements of the Department of Housing and Urban Development Act of 1974 #570.303 (e) (2) for reviewing a recommended second year application for Community Development Block Grant (Discretionary) Funds, which have, tentatively, been suggested to include water lines, storm sewers and paving and appurtenances within Clayton Addition (along 18th Street adjacent to Canal Street) estimated to cost $160,000.00, in accordance with Hearing Notice. Seventeen citizens were in attendance and no protests were made known. The Hearing was tape recorded, and a cassette tape is on file. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve application for Community Development Block Grant - TX 60216006. All Voted Aye. Quotations for sewer line rodding and cleaning work from Viking Enterprises, Channel Construction Company and Naylor pipe Cleaning were read and discussed. , A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Viking Enter- prises for sewer line rodding and cleaning work on the basis of their low quotation of $30.00 per hour. All Voted Aye. Mr. Don popken and Mr. Walter popken were present concerning a request for drainage improvements along the Northeast side of 32nd Street from Avenue I+AIT to Hardy Avenue and to Main I+C1+ Canal. Slides that were made following a heavy rain were shown to verify the need of drainage improvements, and a report from Turner, Moore, Cummins and Zimmerman, Consulting Engineers and planners, was submitted for the file. No official action was taken. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize payment from C. Doornbos park Fund to Ritter Lumber Company toward tennis courts in the amount of $19,890.00; and to R. W. Caldwell and Associates in the amount of $495.96, for pro- fessional services. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize payment of utilities consisting of water and electricity for the Babe Muth Ball park as recom- mended by Mr. Bob Harmon, League President. All Noted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the attendance and expenses of James Mosley - Street Superintendent - to Lamar University for ItSuccess- ful Supervision Seminar', March 30 through April 1; Mark Cheney - Assistant Fire Marshal - to 1121st Annual Fire and Arson Investigation Seminar" - March 8 through March 12 at , Texas A & M University; Alta Fletcher - Tax Assessor/CoIlector - to attend several Tax Assessor Certification Seminars through June. All Voted Aye. 195 Minutes Continued, parch 9, 1976 ' A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to cancel the award of trees to Crossgate Nursery and to authorize buying trees wherever they are found available. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of bills for the month of February in the amount of $13;781.91 by General Fund checks no. 5971 -6031, and $10,246.15 by Water Fund checks no. 1816 -1844, a total of $24,028.06. All Voted Aye. Discussion items were as follows: 1. Floyd B. Harper, 2406 Avenue E, sewer problem. 2. Wayne Webb, 709 24th Street, driveway problem. 3. T. D. Lively, 1819 Gary Avenue, replacement of sewer line in easement area. 4. Clearance for scouts to paint fire hydrants. 5. 10th Street and Helena Avenue, blind corner. 6. Congratulations to the dog catcher. 7. Study of Mr. Popken's drainage problem. 8. Request from Women's League for use of ball diamond at service center. 9. Parade, Saturday, March 20th, 10 :00 A.M. The meeting was adjourned at 8 :30 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 ZSZ ,57 23 a Q_ H. E. Nagel, Mayor City of Nederland, Texas 196 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' March 23, 1976 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 March 9, 1976 meeting as written. All Voted Aye. Miss Rhonda Guidry was present representing Explorer Scout Post 202 of Port Arthur. Mrs. Patricia Burns was present representing the Economic Opportunity Commission. Mr. Adamson, Mr. Martinez, and Mr. Ferguson were present to discuss a recent judgement rendered by the court in connection with expansion of a mobile home park in the area of Avenue "H" and South 29th Street. The men requested that the City of Nederland pay all legal fees they had accrued as a result of this suit. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to refer this matter to the Building Official, and have the official report his findings at the next regular meeting of the City Council. All Voted Aye. Mr & Mrs. Vanover were present to register a complaint regarding a business next door to their Vanover Dutchtown Flower and Gift Shop along 22nd Street near Nederland Avenue. Mayor Nagel referred this complaint to the Building Official. ' Mr. Chester Foray was present to register a complaint against a decision of the Zoning Board of Appeals to issue a trailer permit to Reverend Hensley allowing him to park a trailer at his church on the corner of 19th Street and Avenue "B ". The Building Official stated that Reverend Hensley would receive legal notice to remove his trailer. Mr. James D. Wyble requested a four -way stop sign at the intersection of Avenue A and 35th Street. Mr. Wyble presented a petition with fifteen names on it. Mayor Nagel stated that the petition would be presented to the Police Department. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to accept quotation from Bob Smith Air - Conditioning Co. in the amount of $1,847.67 for replacement of the air- condition- ing and heating equipment at the Service Center. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to endorse a list of public works projects as submitted by Congressman Jack Brooks, and to authorize attendance of Mr. Henson and Mr. Sawyer to attend hearing in Washington, D. C. to discuss FY 1977 Budget Appropriations for projects in Ninth Congressional District, Texas. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payment for additional architect and planning fees on Doornbos Park contracts to Caldwell and Associ- ates and others in the amount of $889.88. All Voted Aye. There was a discussion and communications relating to operation of City Government in Accordance with Nederland's Home Rule ' Charter and the laws of the State of Texas. Resignation of James A. Luther as Chairman of the Zoning Board of Appeals was submitted. Action was tabled until next meeting of the City Council on April 13, 1976. 19i Minutes continued, March 23, 1976 A letter was presented from Mrs. W. E. Clark, Mrs. T. H. Davis, and Mrs. L.H. Addison ' thanking the City of Nederland and the City of Port Neches for sponsoring a trip to Houston to review collection of paintings from the Hermitage and the Russian State Museum. Discussion items were as follows: 1. Slow Pitch Ball Park. 2. Lighting in park on 30th Street and Helena Avenue. 3. Lighting on West Chicago. 4. Airport Towers truck parking area. 5. Sewer leak in 2400 block of Avenue E. 6. Transfer of Paul Williamson to Police Dispatcher from Fire Department. 7. Central Business District Study by R. W. Caldwell and Associates. 8. Privy located at Acadian Museum. 9. Acadian Museum. 10. Windmill. The meeting was adjourned at 9:15 P. M. ATTEST: ` SUE HARRIS �iLe� 9;?/492 414 Sue Harris, Acting City Secretary City of Nederland, Texas 1 I/VZ 11 H. E. Nagel, Mayor City of Nederland, Texas 1 i 1 l_7 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 6, 1976 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. Sam Gillespie, and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of last meeting as written. All Voted Aye. The returns of the April 3, 1976 General Election were read by Mrs. Fern Shannon, Election Judge. Out of 1,261 votes cast, said respective candidates received the following number of votes: NAME OF CANDIDATE OFFICE VOTES Homer E. Nagel Mayor 1010 Kenneth C. Mitchell Councilman of Ward Two 549 Carl N. "Cropo" LeBlanc Councilman of Ward Two 609 R. A. Dick Nugent Councilman of Ward Four 962 L A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept returns of the election as presented and to authorize payment to the election officials. All Voted Aye. The Oath of Office wad administered by the City Treasurer to the Councilman of Ward Two, Mr. C. N. LeBlanc, to the Councilman of Ward Four, Mr. R. A. Nugent, and to the Mayor, Mr. H. E. Nagel. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve an Amendment to Ordinance No. 164 setting regular council meeting dates until December 31, 1976. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETING TO BE HELD FROM APRIL 7, 1976 THROUGH DECEMBER 31, 1976. 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 13, 27 May 11, 25 June 8, 22 July 13, 27 August 10, 24 September 14, 28 October 12, 26 November 9, 23 December 14, 28 Any and all ordinances of the City of Nederland, Texas, which conflict with any of the 1 1 Minutes Continued, April 6, 1976 ' provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting, this the 6th of April, 1976 HOMER E. NAGEL Homer E. Nagel, Mayor CITY OF NEDERLAND, TEXAS ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary CITY OF NEDERLAND, TEXAS APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney CITY OF NEDERLAND, TEXAS ' A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve an amendment to Ordinance No. 107 providing for 4- Way -Stop Intersection at the intersection of 35th Street and Avenue "A ". 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 SECTION 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 I - STOP SIGNS: The intersection at 35th Street and Avenue "A" shall be designated as a "4- Way -Stop Intersection ". Stop Signs shall be erected at all four corners. All vehicles must come to a complete stop before entering the intersection. SECTION II - 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. 200 Minutes Continuted April 6, 1976 SECTION III - REPEALING CLAUSE: , Any and all Ordinances of the City of Nederland, Texas, in conflict with 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 6th DAY OF April A.D., 1976. H. E. NAGEL City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas Discussion items were as follows: 1. Voting Representation By -Law Committee Meeting April 15. 2. Stop Sign or flashing light request 27th Street and Detroit Avenue. 3. A request from Central Gardens to tie water customers into City lines. 4. List of Drainage jobs to request of D. D. #7 Board April 19. 5. Zoning Board of Appeals appointment to serve remainder of James Luther's term. 6. Payments to Ritter Lumber Co., Hubbard Electric, and Caldwell and Associates for park jobs. 7. City- County firefighting /street repair agreement. 8. Report on Ordinance concerning Mobile Home Parks. 9. Tennis Courts at Doornbos Park. 10. Standing water complaints. 11. Final disposition of Privy. 12. Ordinance No. 147. 13. Advertisement of Bids Clayton Addition sewer /rent supplement program. 14. Parking lot dust on unpaved parking lot at Airport Towers Motor Inn. 15. South 5th Street Water Tower legs needing painting. 16. Expenses for C. N. LeBlanc to attend meeting in Hollywood, Florida. The meeting was adjourned at 8:00 P. M. H. E. NAGEL A / tE Homer E. Nagel, Mayor City of Nederland, Texas 202 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , April 13, 1976 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. Sam Gillespie, and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. A motion was made by Mr. LeBlanc and seconded by H. E. Nagel to approve Minutes of last meeting as written. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize payment from C. Doorbos Park Fund to Ritter Construction Company toward tennis courts in the amount of $4,369.00; and to Hubbard Electric for underground electrical service in the amount of $11,722.00. All Voted Aye. Presentation of a report by Robert W. Caldwell and Associates concerning Parks and Re- creational Facilities Comprehensive Plan. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve payment of $1,500.00 to Robert W. Caldwell and Associates, 1/3 of which will be paid by the City of Nederland. All Voted Aye. Comments were made concerning Central Business District Study, progress on C. Doornbos Park, etc. Presentation of a report on zoning problems and mobile home parks by Building Official - Mr. George Hallmark. ' A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve request for participation by Drainage District X17 in three (3) drainage projects. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to table action on a request from W.C.I.D. #10 to connect to City water line along U. S. Highway 69 from Canal Street to Spurlock Road. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to table action on a request for three way stop signs or a flashing stop light at the intersection of Detroit and 27th Street, Mr. Bill Crane. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to accept the resignation of Mr. James A. Luther and to appoint Mr. Bill Quick to serve on the Zoning Board of Appeals until June 1, 1978. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer authorizing lost time reimbursement (expenses to be paid by South East Texas Regional Planning Commission) for Councilman Carl LeBlanc to attend the National Association of Regional Council in Hollywood, Florida. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc authorizing payment of bills for month of March. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc approving a resolution ' providing for temporary use of a portion of Chicago Avenue by a residence which was inadvertently constructed in a right -of -way thereof, otherwise located on lot 8 - block 3 - Oakley 1st Subdivision. Minutes Continued April 13, 1976 RESOLUTION 203 ' CITY OF NEDERLAND WHEREAS, certain citizens of the City of Nederland inadvertently constructed homes which encroach on the 700 Block of Chicago Avenue in the City of Nederland, which includes lots 5, 6, 7, 8, and 9 in Block 3 of the Oakley First Subdivision to the City of Nederland; NOW THEREFORE BE IT RESOLVED, that the City of Nederland shall not require the house or any appurtenances thereto to be removed from the Chicago Avenue right -of -way until the city has given sixty (60) days written notice to the owners of such property. PASSED AND APPROVED by the City Council of the City of Nederland during a legally convened meeting thereof this 13 day of April, D. D., 1976. HOMER E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: SUE HARRIS Sue Harris, Acting City Secretary City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve the City - School 1976 Summer Recreation Program as submitted by Coach George Hawkins and Mr. James Byers, May 31 - July 9 - budget $10,700.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to table request for ditch cleaning to eliminate "standing water" problems; Howard Stark - 1303 Luling. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize a variance from Ordinance # 147 enabling payment to Glenn Franklin, a temporary supervisor, for working March 27th at the Sanitary Landfill. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a fire fighting/ street maintenance agreement with Jefferson County, agreement concerning use of a pulvi- mixer. All Voted Aye. AGREEMENT BETWEEN THE CITY OF NEDERLAND, TEXAS AND THE COUNTY OF JEFFERSON THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City of Nederland, Texas hereinafter called City, desires to 204 Minutes Continued April 13, 1976 lease certain below described equipment from the County of Jefferson, and WHEREAS, the County of Jefferson is the owner of below described equipment and desires to lease same to the City; and I WHEREAS, the City and County of Jefferson desire to reduce their understanding and agreement with respect to such matters to writing: NOW THEREFORE, the City of Nederlan4, Texas acting herein by and through its duly authorized representatives, and the County of Jefferson acting by and through its Commissioners' Court, do contract and agree as follows: I. For and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid to the County of Jefferson, receipt of which is hereby acknowledged, the County of Jefferson, herinafter called Lessor does hereby lease to the City, hereinafter called lessee, the equipment known and described as follows: (1) Seamon Mixer No. A -1 Serial No. 9121 The terms of this lease shall be 99 years, and shall become effective on the day of _, 1976. City is hereby given the right to transfer the lease and the equipment described herein after the expiration of 5 years from date of this lease. THE COUNTY OF JEFFERSON Dated: City of Nederland, Texas BY: H. E. Nagel, Mayor Dated: A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve an advertisement in the Miss Mid Jefferson County program as recommended by Chris Roark, Groves Lion Club, $35.00. Discussion items were as follows: 1. Community Development Block Grant Program 2. Bankamericard for Mr. D. B. Henson 3. Possibilities of making Helena Avenue 4 lanes 4. Discuss parking in from of Private School at 1119 Twin City Highway The meeting was adjourned at 10:00 P.M. H. E. NAGEL ', f fi Q� Homer E. Nagel, Mayor City of Nederland, Texas �I Minutes Continued April 13, 1976 ATTEST: 1 CHRIS PASTORELLA Gam: Chris Pastorella, Acting City Secretary City of Nederland, Texas 1 C 206 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND The meeting was called to order at 6 :20 P. M. by Mayor H. E. Nagel. April 27, 1976 , Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nagel and seconded by Mr. Nugent to cancel the agreement pro- posed to Union Oil Company of California December 16, 1975, and to authorize the fol- lowing agreement with Union Oil Company of California amending the agreement dated December 12, 1972, providing for an increase in tax payments. AMENDMENT TO AN AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON The City of Nederland, Texas, and Union Oil Company of California for $1.00 and other good and valuable considerations, beneficial to both parties have agreed to amend and do hereby amend that agreement entered into by both parties hereto dated December 12, 1972. Paragraph IV (b) is hereby amended to read as follows: For in consideration of the agreement to designate the territory described in Paragraph II hereof as an industrial district, and to continue such designation 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 Para- graph IV (A) hereof, an amount which when added to the tax payment required by Para- graph IV (A) will result in a total payment to City of Eighty -Four Thousand Three Hundred Seventy -Five Dollars ($84,375.00) for the year 1975. It is agreed that the total amount required to be paid by Company to City for each succeeding year thereafter during the term of this Agreement, under the terms of this contract both for taxes and for payments in consideration of this Agreement, will not exceed the total sum of Eighty -Four Thousand Three Hundred Seventy -Five Dollars per year or the amount which is required to make taxes on Company's property within the corporate limits of City equal and uniform with other City taxes, whichever is greater. All other provisions of the Agreement entered into by the two parties on December 129 1972, are not affected by this Amendment to said agreement. If this Amendment or any part hereof is declared invalid, the terms of the original Agreement shall remain in force and effect. The parties hereto agree that this Amendment to the above referenced agreement is hereby made part of the above referenced agreement. IN WITNESS WHEREOF, this Agreement is executed as of the 27 day of April, 1976. ATTESTED AND COUNTERSIGNED: CITY OF NEDERLAND ALTA FLETCHER H. E. NAGEL City Secretary Mayor CARL N. LEBLANC Councilman APPROVED AS TO FORM: ROBERT D. SAWYER Councilman W. EVERETT SANDERSON R. A. NUGENT City Attorney Councilman By: ROY BRYNTEN UNION 76 DIVISION UNION OIL COMPANY OF CAL. Asst. Secretary By H. DORN STEWART, JR. Ll u 2 0 Minutes Continued, April 27, 1976 A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve a 1975 Supple- mental Tax Roll as follows: Union Oil Company of California $16,875.00 Sun Oil Company 1,245.00 Big Three Industries, Inc. 1,457.00 $ 9,5 00 All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to allocate the increase of $19,577.00 for the current fiscal year from Union Oil Company of California, Sun Oil Company, Big Three, Inc.t, to the development of C• Doornbos park in accordance with study dated April 19, 1976. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve payment to Robert W. Caldwell and Associates, planning Consultants, in the amount of $975.00 for Professional Urban planning Services, preparation of Housing Draft Report as per 701 Planning Contract dated January 14, 1976. All Voted Aye. The meeting was adjourned at 6 :40 P. M. I. ATTEST: —0, e 9 O&�/ � Alta Fletcher, City Secretary City of Nederland, Texas 1 H• E. Nagel, Mayor City of Nederland, Texas 208 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' April 27, 1976 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, 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 meeting of April 13 as written. All Voted Aye.. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to table action on propositions referred to in letter dated March 18; 1976, from Mr. James -R. Handley, president of Board of Directors - W.C.I.D. No. 10 to Mayor Nagel concerning water service along U. S. Highway 69 between the L.N.V.A. Canal and Spurlock Road. All Voted Aye. A motion was made by Mr. Nagel 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. Nagel and seconded by Mr. Nugent to approve the preliminary plat of Allan Meadow Subdivision, Section I, in accordance with Ordinance No. 121 and as recom- mended by the planning Commission with the following changes to be incorporated into the final plat; a. Lot 15, Block 4, be laid'out in accordance with minimum requirements of Ordinance No. 121; b. Temporary turn -a- rounds be required at the end of the three dead - end streets until the next section is developed; c. provide South 21st Street intersection at Avenue 1111„ with the best possible allignment with the existing South 21st Street; and d. Change the name of South 21st Street in Walling Meadows to South 22nd Street. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to call a public Hearing, 6:30 P. M., Tuesday, May 25, 1976, for the purpose of considering adoption of an Amend- ment to Zoning Ordinance No. 146 providing for additional depth of zoning from Residential to Commercial along Highway 365 from Drainage District No. 7 Main "B" Canal to Mid County Hospital boundary and along Avenue 11H" (South side) from Drainage District No. 7 Canal West to Walling Meadows Addition. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve the following Agreement with the Heritage Softball Association providing for their joint use with the Junior Football League of the playing field located behind the City Service Center, 3200 Block of Avenue IIETT, represented by Ms. Linda George. All Voted Aye. Mayor Homer E. Nagel Members of the City Council City of Nederland, Texas Gentlemen: The Heritage Softball Association, generally serving the area of Nederland Independent School District, proposes to improve and use the ball diamond and playing field located in 3200 Block of Avenue E. We propose to permit Little League or Football League to train or play and use the facilities in the summer and fall, all without further charge or compensation - except maintenance and upkeep. If assigned this field for a period of five (5) years from date of approval by the City Council, we will undertake and complete development by October 1, 1977 the following: Ad Minutes Continued, April 27, 1976 1. prepare field for regulation softball. 2. Concession Stand ' 3. Consider and possibly install portable bleachers and other appurtenances. As the City Charter states that the city cannot lease or otherwise assign property for longer than five (5) years, then we agree, upon official City Council request, that we will vacate the property at any future time with City of Nederland reimbursing our League at an amount equal to, but not to exceed $3,000.00, the appraised replacement value or all improvements made as determined by a qualified appraiser. We will appreciate your approval of this proposal. BOARD OF DIRECTORS: LINDA L. GEORGE D. G. BANDY President of Football League concurs with this Agreement RAY WILSON President SUZANNE BARKER Secretary- Treasurer 4 -27 -76 APPROVED AS TO FORM: Accepted by City Council: H. E. NAGEL Mayor W. EVERETT SANDERSON 4 -27 -76 City Attorney Date ' A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve watermain ex- tension in accordance with Ordinance No. 149 to Mr. J. V. Lasyon's residence at 3406 Seattle outside the city at a cost of $1,278.00. All Voted Aye. Mr. Don Watt, Chairman of Nederland's Bicentennial Festival, presented a report on the recent festival activities, made note of needs such as restroom facilities and sound system equipment, and invited the Council members to a dinner on May 13, 7 :00 P.M. at the Airport Towers. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to adopt an Amendment to Ordinance No. 259, Trailer park Ordinance, as recommended by the planning Commission. All Voted Aye. AN AMENDMENT TO ORDINANCE N0. 259 AN AMENDMENT TO ORDINANCE N0. 259 PROVIDING FOR PUBLIC HEARING, PROVIDING FOR EXPANSION OF PARK, PROVIDING FOR MAXIMUM LEI.THOF STREET WITH TURNING CIRCLE, AND PROVIDING FOR VARIANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS Section III: Permit - Shall be amended by deleting the last sentence of Paragraph 2, and deleting 1 & 2 of Paragraph 2, and adding the following sentence: Before taking action.on a proposed application for trailer parksite "A" or "B", or ex- tending or expanding, the planning Commission shall call a Hearing, open to the public. property owners within a 200' radius of the proposed site shall receive written notice stating time, place, and purpose of the Hearing. Section V Minimum Standards Type "A" Trailer Park - Article lA - Shall be amended to add a new sentence to read as follows: 210 Minutes Continued, April 27, 1976 An existing trailer park may be expanded to include' a parcel of land and be less than the minimum size and number of lots required by this Article (A). However, all other I provisions of this section shall be applied. - Article C3 - Shall be amended to read as follows Dead -end streets shall be limited to a maximum length of 660 feet and dead -end shall be provided with a vehicular turning space with a turning circle of sixty (60) feet in diameter when length exceeds 100 feet. K. Variances - When a developer shows that a provision of the regulations would cause unneccessary hardship if strictly adhered to, and where a departure may be made without destroying the spirit of the regulations, the City Planning Commission may recommend to the City Council, and the City Council, at its discretion, authorize a variance. Section "XIII Any person found guilty of violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and subject to a fine not to exceed Two Hundred ($200.00) Dollars, and each day such violation exists shall constitute a separate offense and be punishable as such hereunder. PASSED AND APPROVED by the City Council this 27th day of April, A. D., 1976. H. E. NAGEL City Mayor, City , of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON City Attorney, City of Nederland, Texas Mr. Nugent left the meeting at 8 :40 p. M. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve plans for wastewater collection system (sewer line) within Clayton Addition and authorize ad- vertisement for bids to be received 6 :30 P.M., May 25, 1976. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize the City to proceed with development of C. Doornbos park in accordance with the report dated April 19, 1976. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to adopt an Amendment to Ordinance No. 107 providing for a four (4) way stop intersection where Boston Avenue and 22nd Street intersect. 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 1E IN CONFLICT WITH THIS AMENDMENT. 211 Minutes Continued, April 27, 1976 A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve revised application for, Job Number 374 -511, wpC -TEX -1140 providing for an evaluation study of Nederland's wastewater collection and treatment system dated April 23, 1976, as dated originally February 19, 1976 and authorize Mayor Homer E. Nagel to sign on behalf of the City of Nederland. All Voted Aye. Discussion items were as follows: 1. Mobile home located in the 300 Block 11th Street. 2. Airport Towers shell driveway and parking area. 3. Request for street light, Avenue H and S -13th Street. 4. Delapidated house, Boston Ave. and 8th Street. 5. TML meeting, Mayor - Council. 6. July 4 beer sales, American Legion Hall. The meeting was adjourned at 9:15 P. M. ATTEST: Q OIL , .2zzng� .Ca ,, Alta Fletcher, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor —W— City of Nederland, Texas 212 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , May 11, 1976 The meeting was called 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 Nagel was absent. 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 motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve advertisement for bids to be received 6 :30 P.M., June 8, for annual waterworks supplies, chemicals, tires, pipe and signs. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action authorizing acquisition of the front ten (10) feet of Lots 4, 5 and 6, Block 26, Nederland Townsite, for 15th Street right -of -way at the corner with Nederland Avenue. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize the attendance and expense of Fireman James Saunders to the Eight Lamar University Basic Fire Training School May 31 - July 30 to receive basic fire fighter certification. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize payments on C. Doornbos park development to Ritter Construction Company, incorporated, final, tennis courts in the amount of $9,139.00 and Robert W. Caldwell and Associates, planning, in the amount of $553.40. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve payment to Perkins Roofing in the amount of $1,995.00 for roof, gutters, downspouts and flashing work repair on City Hall Fire Station roof. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve plans for sanitary sewer lines in and through Clayton Addition to the Nederland High School sewer pump station as presented by Mr. Dave perrell of Charles R. Haile Associates. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment of bills for the month of April, 1976, in the amount of $8,171.80 by General Fund Checks No. 6217- 6256 and $19,090.58 by Water Fund Checks No. 1896 -1927, a total of $27,262.38. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize payment in the amount of $1,550.00 to Robert W. Caldwell and Associates (1/3 by City and 2/3 by Texas De- partment of Community Affairs) for participation of CBD Study as presented. All Voted Aye. Discussion items were as follows: 1. Drainage problem in the area of Canal and 27th Street. 2. Numerous water leaks in galvanized line, 200 Block Atlanta. 3. Drainage problem, sewer backing into building, 25th and Nederland Avenue. 4. Slope mower needed on Helena Avenue. ' 5. Revision of City informational pamphlet. 6. Second year funding, CDBG application. Minutes Continued, May 11, 1976 ' 7. Drainage District projects, field surveys. 8. Meeting with Gulf States Utilities Company. 9. Reappointment of city officials. 10. Major project underway on KCS Railway. 11. Allan Meadows development. 12. Traffic signal, 12th Street and Nederland Avenue. 13. Approval of off -set for S -21st Street in Allan Meadows. 14. Budget for Mid - County Dispatch. 15. , plaque for C. Doornbos Heritage '76 park. 16. plaque already ordered by Bi- Centennial Committee. 17. Backing of decisions made by Museum Committee. The meeting was adjourned at 9 :00 p. M. ATTEST: Alta Fletc er, City Secretary City of Nederland, Texas 1 �'W' )Zcsei�4ti R. A• Nugent, M r pro Tempore City of Nederland, Texas 2 4 e3 214 REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , May 25, 1976 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 May 11, 1976 meeting as written. All Voted Aye. A public Hearing was conducted on a proposition to amend Ordinance No 146 to provide for a change in zoning from residential to commercial along Avenue "H+', G.S.U. right -of- way to South 21st Street and along F.M. 365 from G.S.U. right -of -way to Mid Jefferson County Hospital as recommended by the Planning Committee. Approximately twenty -five interested citizens were present. Mr. Guy G. Barlow, 1804 Avenue H, spoke in opposition to change of zoning directly across the street from his home. Because other interested parties were attending high school graduation ceremonies, Mr. Barlow also requested post- ponement of final decision until June 8. A spokesman for Mid - Jefferson County Hospital requested that industrial type businesses that may be detrimental to the hospital be excluded. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on an Amendment to Ordinance No. 146 providing for a change in zoning from Residential to Commercial along Avenue "H ", G.S.U. right -of -way to South 21st Street, until the next meeting. Mr. ' LeBlanc Voted No. Messrs. Sawyer, Nagel, Nugent and Gillespie Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie 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 IN ZONING DESIGNATION, PROVIDING ZONING MAP DESIGNATIONS AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SECTION 2 rFAi Par.. There shall be a change from Residential to Commercial zoning by extending the present Commercial zoning along Highway 365 from a depth of 150', and the 368' depth at Walling Dairy property to a depth of 9251. This would include the following described property; Beginning at a point where the South boundary line of Gulf States right -of -way and the boundary line of Highway 365 intersect. Thence in Northwesterly direc- tion along the South boundary line of Gulf States right -of -way for a distance of 925'. Thence Southwest direction for a distance of 2,450' more or less to a point intersecting the Southwest boundary line of Lot 3, Block 149 Rnage "H" of palco. Thence Southeast along this common boundary line of Doornbos Trust pro- perty and Mid - Jefferson County Hospital property for a distance of 925' more or less to a point of intersecting with the Northwest property line of Highway 365. 215 Minutes continued, May 25, 1976 ' Thence in a Northeast direction along the Northwest boundary line of Highway 365 for a distance of 2,323' more or less to a point of beginning. This tract of land is more so defined as being a part of and out of Lot 4, Block 14, Range IIG" Palco, and being a part of and out of Lots. 1, 2, 3, Block 14, Range °H" Palco. SECTION 17, WHEN EFFECTIVE: This amendment shall be effective from and after its passage and publication as required by-law. PASSED, ADOPTED, AND APPROVED this 25th day of May, 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER, Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 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 commend the Service League of Port Arthur for $6,000 donation to C. Doornbos Heritage '76 park playground equipment, as presented by Mrs. Beverly Parker, President. All Voted Aye. At this time, the mayor called a Special (Emergency) meeting,of the City Council to order to act on subject matter of urgent necessity as follows: (one item only A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve action granting preliminary approval of Allan Meadows Subdivision, Section One, in.accordance with Ordinance No. 121 and as recommended by the Planning Commission as shown on plat. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr LeBlanc to call a Public Hearing for 6 :30 P.M., June 22nd, for purpose of considering a proposition to rezone from Residential to Commercial Zone and /or Semi - Residential and parking Zone of properties generally lo- cated at the intersection of Nederland Avenue and 27th Street (Northeast side), as recom- mended by Planning Committee. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the recommendation of the Planning Commission that property of Nederland Memorial Funeral Home and Wesley Methodist Church not be rezoned which leaves no purpose in calling a public hearing. All Voted Aye. Sealed bids were received, opened and read under Community Development Block Grant Pro- gram for construction of wastewater collection system within Clayton Addition and to Nederland High Schoolpxmp station. Bidders were Bella Company, Imperial Constructors, 216 Minutes Continued, May 25, 1976 C & C Construction, Neches Contractors, Joe C. Norman, Mar -Len, Excavators and Con- structors, Golden Triangle Construction, and Steele Construction. ' A motion was made.by Mr. Gillespie and seconded by Mr. Nugent to refer bids to the City Manager and City Engineer for study and recommendation. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to accept a utility ease- ment from Nederland Independent School District along Nederland High School property. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize attendance and expenses of D. Bob Henson, City Manager, to Texas Municipal League I +Social Services Workshop+, in Houston, June 10 and 11. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table action on approval of full application for second year funding under Community Development Block Grant Program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve letter for sub- mission on Section 8, Rent Supplement program as follows. All Voted Aye. May 21, 1976 Mr. Leo Garrett, Director Community planning and Development Division c/o Department of Housing and Urban Development 2001 Bryan Tower - Fourth Floor , Dallas, Texas 75201 SUBJECT: Community Development Block Grant program City of Nederland, Texas project Number B- 75 -DS -48 -0011 Dear Mr. Garrett, This is to advise that the City of Nederland desires to convert its Housing Assistance plan from existing units to new units. This change and amendment to the Nederland Housing Assistance plan will be handled in the second year Community Development Block Grant application Housing Assistance plan, which will be submitted to you before July 15. Mr. Larry Brown, of your office, has reviewed this change with us. Sincerely, HOMER E. NAGEL Mayor CITY OF NEDERLAND HEN/es CC: Members of City Council Mr. D. Bob Henson, City Manager 1 1 Minutes Continued, May 25, 1976 Discussion items were as follows: 1. Street program. 2. Letter to Mr. Gray of Woodville concerning disposition of outhouse. 3. Mid - County Dispatch. 4. New rules and regulations for Sanitary Landfill. 5. Nederland Avenue paving. 6. Minutes of Bicentennial Committee meeting. 7. CEDA Program. 8. Mid County Municipal League meeting. 9. Texas Municipal League meeting. 10. Tax increase study. 11. New mental health facility to serve Mid County. The meeting was adjourned at 9 :40 P. M. ATTEST: = 'Q22z6 az Alta Fletcher, City Secretary City of Nederland, Texas "a-v -r nQ'O� H. E. Nagel, MayoV City of Nederland, Texas 218 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 8, 1976 , The meeting was called to " order "at 6;30 P. M, by Mayor H. 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. ` There was continuation of a public Hearing from the previous meeting concerning an Amendment to Ordinance No. 146 rezoning an area adjacent-to the Commercial zone South of Avenue "H++ and extending from Gulf States right-of-way to South 21st Street. Approx- imately twenty -five people were present from the Woodcrest'Addition area. Mr. Guy Barlow read a petition that had been signed by thirty people who opposed rezoning. Besides Mr. Barlow, four spoke in opposition to rezoning and none spoke in favor. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to reject an Amendment to Zoning Ordinance No. 146 which would rezone an area adjacent to the Commercial zone South of Avenue "H„ and extending from Gulf States right -of -way to South 21st Street. All Voted Aye. A proposed rate increase for Gulf States Utilities was presented by Mr. Randy McAlpine who was accompanied by Mr. Norman Head. A discussion followed. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on the ' Gulf States Utilities rate increase proposal until the next regular meeting at which time it will be decided, and to notify the citizens by newspaper advertisement that this rate increase will be considered at this meeting. All Voted Aye. Sealed bids were opened and read for annual supplies; waterworks supplies; chemicals; tires for rolling equipment; concrete drainage pipe; sewer pipe; street signs; one (1) 1/2 ton pick -up truck; and garbage containers. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the annual 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. Sawyer and seconded by Mr. Gillespie to award bid for con- struction of sanitary sewer system and appurtenances within Clayton Addition, JOB 375 - 19B, to low bidder, C & C Construction, as recommended. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table approval of Community Development Block Grant application for second year funding. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment from C. Doornbos park Fund to Hubbard Electric for Estimate No. 2 in the amount of $7,218.00 and to authorize an extension of thirty (30) working days for completion of this project. All Voted Aye. ' A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve final payment to Robert W. Caldwell and Associates for CBD Study, parks plan and housing update in the amount of $450.00. All Voted Aye. 219 Minutes continued, June 8, 1976 A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment of bills for the month of May in the amount of $9,528.60 by General Fund Checks No. 6308 to 6356 and $18,524.83 by Water Fund Checks No. 1943 to 1978, a total of $28,053.43. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to adopt the following Ordinance No. 291 establishing the "Nederland public Library." All Voted Aye. ORDINANCE N0. 291 AN ORDINANCE ESTABLISHING THE NEDERLAND PUBLIC LIBRARY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NEDERLAND: -1- There is hereby established in the City of Nederland, Texas a public library to be known as the "Nederland Public Library.?' -2- The City of Nederland hereby accepts all gifts and donations of books and equip- ment heretofore made for the Nederland public Library with grateful thanks to the donors both of books and time, and it is ordained that such books and equipment, together with such additions as may be made from time to time, shall constitute and form the books ' and equipment of the Nederland Public Library. -3- The Council of the City of Nederland shall administer and supervise the operation of the Nederland public Library and any branches thereof as may be hereafter established by the Council, under the supervision and control of the City Manager. Such Council shall recommend such rules and regulations as it shall deem necessary for the orderly use of the library facilities and the operation of the same. -4- The Nederland Public Library is hereby established. The compensation of all em- ployees of the Nederland Public Library shall be fixed by the City Council and its fi- nances shall be handled in the same manner as any other division of the City government. PASSED, APPROVED, AND ADOPTED, this 8th day of June, 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON City Attorney City of Nederland, Texas 220 Minutes continued, June 8, 1976 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the following Resolution accepting designation of the Nederland public Library as a Community Library under the LIBRARY SYSTEMS ACT of 1969. All Voted Aye. RESOLUTION A resolution accepting the designation of the Nederland public Library as a Com- munity Library under the LIBRARY SYSTEMS ACT Of 1969• W W,RFAS, the 61st Legislature of the STATE OF TEXAS approved House Bill 260 authorizing the STATE LIBRARY SYSTEMS ACT of 1969; and, WHEREAS, the TEXAS LIBRARY AND HISTORICAL COMMISSION is responsible for the ad- ministration of the LIBRARY SYSTEMS ACT of 1969; and, WHEREAS, the TEXAS LIBRARY AND HISTORICAL COMMISSION has authorized the designation of the Nederland public Library as a Community Library under the LIBRARY SYSTEMS ACT of 1969, and a member of the Houston Area Library System; and, WHEREAS, the Nederland public Library may derive benefit from participation in the TEXAS STATE LIBRARY SYSTEM; NOW, THEREFORE, BE IT RESOLVED, that the City-Council of the City of Nederland accepts the designation of the Nederland public Library as a Community Library, under the provisions of the Library Systems Act of 1969, this the 8th day of June, 1976. HOMER E. NAGEL , 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. Nagel to approve participation to the extent of required labor and equipment with the Nederland Independent School District in re- blacktopping the parking area of approximately 250 linear feet along 27th Street in front of C. 0• Wilson Junior High School. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize notice of intent to implement a general increase in taxes to 50% of current market value during a public Hearing 6 :30 P.M., July 13th. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on acceptance of Quitclaim Deed to the West 10 feet of Lots 39 4, 5, 6, and Block No. 26 to the Town of Nederland. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize an application to the Texas Department of Community Affairs for a 701 planning Grant to two - thirds (2/3) of the cost of a study to determine solid waste disposal methods for Mid - County cities after December 31, 1977, with three city managers to select engineering firm to make ' the study. All Voted Aye. 22.1 Minutes Continued, June 8, 1976 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 participating in a com- bined effort along with other local cities, to dispose of Solid Waste using the Sanitary Landfill Method; and, WHEREAS, the City of Nederland is presently managing the Sanitary Landfill funds and operations for the Mid - County Municipal League, presently composed of five other local cities; and, WHEREAS, The lease upon which the present Landfill is operating will expire December 31, 1977; and, WHEREAS, The City of Nederland will explore all available methods of Solid Waste disposal before seeking to renew or extend the lease for the present location; and, WHEREAS, The City of Nederland is in need of additional funds to be used for a compre- hensive study to decide the most feasible method of Solid Waste disposal; and, WHEREAS, The City of Nederland has prepared a request for 11701" Local Planning and Management program funds; and, WHEREAS, The member cities of the Mid - County Municipal League have endorsed the request ' for planning funds, and will support this application with endorsement letters, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Nederland endorses the said application for planning funds from the State to be matched up to 1/3 of the total amount by local funds, and designates John Bamber, Director of Public Works, as local staff responsible for carrying out the program proposed in the application. PASSED AND APPROVED by the City Council of the City of Nederland, Texas during a legally convened meeting thereof this 8th day of June, A. D., 1976. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA PLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize dedication cere- monies for the C. Doornbos Heritage '76 park to be held 2 :30 P.M., Sunday, July 4. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve a list of black topped streets to be repaired and /or reconstructed in this year's program, as submitted; to authorize Charles R. Haile Engineers to prepare bid documents; and to authorize ad- vertisement for bids to be received 6 :30 P.M., July 13. All Voted Aye. Discussion items were as follows: 1. Blind corner, 23rd and Helena, truck with camper parked on street corner. 2. Bad hole in street, 3100 Block of Helena. 222 Minutes Continued, June 8, 1976 3. plugged drain at Terrace Drive and Helena. 4. Thank you note from Mrs. Gonzales for use of hall, May 23. 5. Telephone Company plans for 27th Street. ' 6. Rogers Underground Utilities change order, final payment. 7. Letter to school district and copy of Caldwell study. 8. private driveway policy on blacktopping. 9. City Health Officer. 10. Deferred Income plan, ICMA, Retirement 11. Letter - weed notice list. 12. Reappointment of officials next meeting. 13. Safe Drinking Water Act. 14. Budget. The meeting was adjourned at 12 :00 p. M. E. Nagel, Mayor City of Nederland, Texas ATTEST: A to Fletcher, City Secretary ' City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 223 ,Tune 22, 1976 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, 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 June 8 meeting as written. All Voted Aye. A joint public Hearing was conducted with the planning Committee for the purpose of con -_ sidering an Amendment to Ordinance No. 146 rezoning from Residential to Semi - Residential and parking and /or Commercial the property North of the intersection of 27th Street with Nederland Avenue to Detroit _Avenue and extending across Main "C "'ditch at one point, as recommended by the planning Committee. Mr. and Mrs. Billy Crane spoke in opposition to rezoning and requested tabling of action until County-Bond Issue proposal for 27th Street is decided. Mr. M.L.C. Lucke spoke in favor of rezoning and opposed delay. Several others asked questions but voiced no opposition. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to adopt the following Amend- ment to Ordinance No. 146. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN ZONING DESIGNATIONS, PROVIDING ZONING MAP DESIGNATIONS AND PROVIDING AN EFFECTIVE DATE. SECTION 2 GENERAL: There shall be a change from Residential to Commercial zoning by extending the present Commercial zoning to include the following described tracts of land: Being a tract of land out of and a part of Lot 3 and Lot 4, Block 16, Range H of the Port Arthur Land Company Subdivision in the City of Nederland, Jefferson County, Texas and being more particularly described as follows: Tract 1 BEGINNING at the common South corner of said Lots 3 and Lot 4 now lying in Nederland Avenue; THENCE North 48047' West 280 feet to a point being a place of beginning of the tract herein described; THENCE North 41013' East 163.7 feet to a point for corner in the West line of Block 3, Hilltop Second Addition; THENCE with the said West line of Block 3, North 48047' West 240 feet to a point for corner; THENCE South 41013' West 301.5 feet to a point for corner; 224 Minutes Continued, June 22, 1976 THENCE South 36031' East 250 feet to a point for corner; THENCE North 41013' East 190 feet to the PLACE OF BEGINNING. Tract 2 BEGINNING at the South corner of Lot 4, said corner lying in the intersection of Nederland Avenue and 27th Street; THENCE North 41013' East 30 feet to a point in the East line of said 27th Street; THENCE North 48047' East with the said East line of 27th Street 190 feet to the PLACE OF BEGINNING herein described; THENCE North 41013' East 410 feet to a point for corner; THENCE North 36031' West-737.42 feet to a, point for corner; THENCE South.41413' West 582.39. feet to a point for corner in the East line of 27th Street; _ THENCE 48047' East with said East line of 27th Street 725 feet to the POINT OF BEGINNING. There shall be a change from Residential to Semi - Residential and parking District by rezoning the following described tract of land: Tract 3 BEGINNING at the most Southerly corner of said Lot 4, said corner lying in the intersection of Nederland Avenue and 27th Street; THENCE North 41013' East 30 feet to a point in the East line of said 27th Street; THENCE North 48047' East with the said-East line of-27th Street 915-feet to the PLACE OF BEGINNING- of.the tract herein described: THENCE North 41 ,D13' -East 582.39 feet to a point for corner; THENCE North 36031' West 383.75 feet to -a point for corner in the South line of Detroit Avenue: THENCE South 41013' West with the said South line of Detroit Avenue 663.88 feet to a point for corner, said,.corner being also the point in intersection of the said South line of Detroit Avenue and the East line of 27th Street; THENCE South 48047' East with the said East.line of 27th Street 375 feet to the PLACE OF BEGINNING. SECTIW 1b PENALTY FOR VIOLATION: Any person, firm, or corporation violating any of the provisions of this Ordinance or.who shall fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and upon con- viction shall be fined in any-sum not less than one (1.00) dollar nor more than Two Hundred ($200.00) dollars, and each day such violation continues or exists shall con- 225 Minutes Continued, June 22, 1976 stitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of this Ordinance shall be placed or shall exist, and any architect, builder, contractor or agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof, shall be fined as herein provi SECTION 17 I.rFTGXT P.1*iPP('TTW This amendment shall be effective from and after its passage and publication as required by law. PASSED ADOPTED AND APPROVED this 22nd day of June, 1976. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON City Attorney, City of Nederland A Public Hearing was held for the purpose of considering an increase in electric rates and charges of Gulf States Utilities Company under all rate schedules for customers within the corporate limits of Nederland, Texas. Mr. Randy McAlpine and Mr. Ray Pace were present to answer whatever questions were presented. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to adopt the following Ordinance No. 292 approving an increase of 8.9% in rates as requested by Gulf States Utilities. All Voted Aye. ORDINANCE NO. 292 ENTITLED AN ORDINANCE AUTHORIZING GULF STATES UTILITIES COMPANY TO PLACE IN EFFECT, AS OF METER READINGS ON AND AFTER JULY 1, 1976, AN INCREASE IN CHARGES FOR ELECTRIC SERVICE UNDER ALL RATE SCHEDULES ON FILE WITH THE CITY OF NEDERLAND, WHICH INCREASE IS BASED UPON THE RECOMMEN- DATION OF TOUCHE ROSS & CO. FOLLOWING AN AUDIT OF GULF STATES UTILITIES COMPANY'S PETITION FOR AN INCREASE IN RATES. 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 under all rate schedules now on file with the City of Nederland, Texas. Minutes Continued, June 22, 1976 Section 2 That nothing in this ordinance contained shall be construed in any manner now 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 day of , A. D., 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST ALTA FLETCHERt Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. LeBlanc. and seconded by Mr. Nagel to approve the application and resolution for Second Year Funding under the Community Development Block Grant Program, Housing Act 1974. All Voted Aye. RESOLUTION A Resolution authorizing the Mayor and other City Officials to execute an applica- tion on behalf of the City of Nederland, with Department of Housing and Urban Develop- ment for a Community Development Discretionary Block Grant. Whereas, the City of Nederland is making application to the Department of Housing and Urban Development for a Federal Grant pursuant: to the Federal Housing Act of 1974 and the rules and regulations thereto; Now, Therefore, Be It Resolved by the above named applicant that the application for which Federal grant assistance has been requested (TX 605 - 16029) pursuant to Hous- ing Act of 1974 and subsequent Amendments thereto;, will be complied with in accordance with the laws, rules, and regulations. Approved and adopted during a legally convened meeting this day of A. D., 1976. H. E. NAGEL _ H. E. Nagel, Mayor ALTA FLETCHER City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 1 1 2 `. Minutes Continued, June 22, 1976 Mr. LeBlanc requested an executive session for the purpose of discussing appointment of City Officials for the new term. The executive session was conducted from 8:26 PM until 8:45 PM. A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint each of the following for their respective term of office. All Voted Aye. CITY OFFICIALS Alta Fletcher, City Secretary, Tax A/C J. Melvin Franks, City Judge J. B. McKinney, City Treasurer Billy J. Neal, Chief of Police W. E. Sanderson, City Attorney Austin Sattler, Fire Marshal Richard Hughes, Prosecuting Attorney PLAN COMMISSION 722 -2342 Melvin L. Moss 722 -4849 R. J. Lawrence 722 -8110 Clifford 0. Williams 722 -3120 R. J. Williford 722 -4792 R. Bodemuller, Jr. CIVIL DEFENSE 727 -3131 Jerry McNeill, Director 722 -1834 Vincent Grillo, Assistant 612 Boston Avenue 1121 Avenue H 2610 Avenue C 624 27th Street 1416 Avenue D 412 13th Street 1211 So. 15th Street EXPIRATION 6/30/77 6/30/77 6/30/77 6/30/77 6/30/77 6/30/77 6/30/77 6/30/78 6/30/78 6/30/78 6/30/78 6/30/78 6/30/77 6/30/77 A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize Project 48- 00319, C. Doornbos Heritage '76 Park - Change Order No. 1 to contact of Hubbard Electric Company for Electrical Distribution and Site Lighting. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt the following Amendment to Ordinance No. 107 providing for no parking along Gary at 12th Street and along Avenue "B" at Highway 347. 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 parking rules, and required stop signs. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - NO PARKING There shall be no parking along either side of Gary Avenue for a distance 20 feet of 12th Street. "No Parking Here To Corner" and "No Parking Corner To Here" signs shall be erected. 228 Minutes Continued, June 22, 1970 There shall be no parking on the south side of Avenue B for a distance of 500 feet east of Highway 347. "No Parking This Side of Street" sign shall be erected. I Section 2 - STOP SIGNS A stop sign shall be erected on the following street at the avenue indicated. All drivers of vehicles must come to a complete stop at such signs. STOP Moor Drive at 31st Street Section 3 - PENALTY Any person who violated 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 lees 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 day of , A. D., 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Nugent to award bids for annual supplies on the basis of bids received June 8 as follows: Waterworks: Western Pipe and Utility Supply; Chemicals: Thompson Haywood, Stauffer, and Van Waters- Rogers; Tires: M & M Tires and Appliance Co., Concrete Drainage Pipe: Ritter Lumber Co.; Sewer Pipes: Can -Tex; Street Signs: National Sign; Pickup Truck: Gordon Chevrolet; and Solid Waste Containers: War -Pak, Inc. All Voted Aye. Sealed bids were received, opened, and read for cutting of weeds on approximately twenty (20) lots /tracts and clearing in accordance with Ordinance No. 178. Bidders were Cureton and Son, $269.50; John Q. Wilson, $198.50; and G. S. Sturdevant, $149.00. 1 1 229 Minutes Continued, June 22, 1976 A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the following Resolution pertaining to weed cutting. 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 /or property cleaned, and all costs, plus 10% interest, would be adjudged against the owner of the property herein de- scribed, and a lien placed on the said property for said monies; WHEREAS, the owners of the herein described property, to -wit: Lots 5 & 6 Blk 13 Johnson Lot 15 Blk 17 Johnson Lot 1 Blk 3 Staffen Lot 24 Blk 1 Burson Lot 5 & 6 Blk 33 Wagner Lot 16 Blk 35 Wagner Lot 7 Blk 5 Wagner Lots 3 & 4 Blk 18 Airport Lot 24 Blk 7 Airport have not complied with Ordinance 78: Lot 25, Blk. 7 Airport Lot 26 Blk 7 Airport Lot 13 Blk 14 Hillcrest -1 Lot 9 Tr. 11 -14 Blk 7 Hillcrest 2 Section 15 Tr. 8 T & N 0 Lot 16 Blue Bonnett Lot 6 Blk 17 Tr. 4 Rg. I Palco Lots 9 & 10 Blk 9 Koelemay 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; 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 Neder- land, an agreement with , to cut the weeds, grass and brush on the herein described property for a total consideration of $ 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 day of , 1976 ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas 230 Minutes Continued, June 22, 1976 APPROVED AS TO FORM AND LEGALITY: 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 approve Change Order 375 -70 -1 to Rogers Underground Utilities contract for chlorine contact tank baffles in the amount of $4,800.04; and approve final contract in the amount of $9,530.33, total due - $14,330.37. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt the following Ordinance No. 293 closing a portion of Chicago from 7th Street to 8th Street in order to clear -up titles to private property adjacent thereto. All Voted Aye. ORDINANCE NO. 293 AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING A CERTAIN PORTION OF CHICAGO AVENUE IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the most Southerly 12.6 feet of Chicago Avenue between 7th Street and 8th Street in the City of Nederland is not being used for street purposed by the City; and WHEREAS, certain property owners along this portion of Chicago Avenue between 7th Street and 8th Street are desirous of selling their property but cannot do so unless the City of Nederland closes and abandons this portion of Chicago Avenue; and WHEREAS, the City of Nederland is desirous of cooperating with the property owners in closing and abandoning this portion of Chicago Avenue; now, therefore, BE IT ORDAINED BY THE CITY OF NEDERLAND SECTION 1: That the most Southerly 12.6 feet of Chicago Avenue in the City of Nederland, Jefferson County, Texas, between 7th Street and 8th Street, is hereby discontinued, closed and abandoned as a public street:. SECTION 2: This ordinance shall. be effective from and after its passage. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland, on 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas This ordinance, including all the provisions thereof, is hereby approved as to form and legality. W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas Minutes Continued, June 22, 1976 Discussion items were as follows: 1. Broken concrete curb in the 100 Block of 30th Street. 2. Spikes working out on KCS tracks, Helena Avenue. 3. Two attendants needed for two shifts at Doornbos Park. 4. Adoption of Comprehensive Plan. 5. Right -of -Way on 15th Street at Nederland Avenue. 6. Ground breaking for Jack -in- the -Box. The meeting adjourned at 9:45 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas I 1 H. E. Nagel,'Mayor City of Nederland, Texas 231 232 July 13, 1976 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 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. Nagle, 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 June 22, 1976 as written. All Voted Aye. A Public Hearing was conducted in connection with authorization of a general increase in assessment base by 10% in accordance with Article 7 of the City Charter to a 50% of current market value level. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve an Amendment to Ordinance 11277 increasing the assessed valuation exemption for homesteads of citizens sixty -five (65) years old, or older - $3,750.00 to $5,000.00. All Voted Aye. ORDINANCE NO. 277 AN ORDINANCE WHICH PROVIDES THAT NOT LESS THAN FIVE 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. 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 resi- dence 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, 1976, Five Thousand (5,000.00) 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 the 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, between 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 1st of each year for which the exemption is claimed, and requiring that deed be filed in deed records of Jefferson County, Texas (except special conditions as author- z.)' 3 Minutes Continued July 13, 1976 ized and approved by Board of Equalization upon recommendation of Tax Assessor and Collector) and shall initially furnish pr000f of age by certified copy of his or her birth certificate or, if such person does not have a certified copy of birth certificate, then by 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. Physicians record. Section 3. The provisions of this Ordinance shall become effective January 1, 1976. Section 4. This being an Ordinance not requiring a penalty, it shall take effect from and after its passage. READ, ADOPTED, AND APPROVED this day of , A.D., 1976, at a Regular Meeting of the City Council of the City of Nederland, Texas. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 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 approve Ordinance 11294 adopting and clarifying Article 7150h VTCS in connection with exemption allowed disabled veterans be based on assessed value rather than market value. All Voted Aye. 234 Minutes continued, July 13, 1976 ORDINANCE NO. 294 AN ORDINANCE FOR THE PURPOSE OF PROVIDING STATUTORY REQUIREMENTS, RULES, REGULATIONS, SPECIAL INSTRUCTIONS, AND FORMS RELATIVE TO ARTICLE 7150h VTCS, PROPERTY TAX EXEMPTION FOR DISABLED VETERANS AND THEIR QUALIFIED RELATIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CIITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I. That we, the City Council of the City of Nederland do hereby, by this Ordinance, adopt in full, the provisions of Article 715 Oh VTCS, with the following clarifi- cations: Number 1.: Number 2 The portion of Article 7150h VTCS which refers to exemption based on market value shall be applied to assessed value. If it is determined at some future time by the courts, that market value should be used instead of assessed value, the City Tax Asses- sor shall assess an additional amount to satisfy any inequity caused by Section I above. II. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions thereof. PASSED BY THE CITY COUNCIL THIS THE DAY OF A.D., 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorey City of Nederland, Texas 2 03 5 Minutes Continued, July 13, 1976 A motion was made by Mr. Nugent and seconded by Mr. Nagel to reject an Amendment to Mobile Home Park Ordinance 1111 providing for an increase ' in monthly parking permit fee from $3.75 per month to $4.50 per month. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve an increase in industrial district contract agreements with Big 3, Sun Oil, and Union Oil Company by twenty -five per cent (25 %) over the previous year. All Voted Aye. A presentation was made of the proposed 1976 -1977 Fiscal Budget for the City of Nederland. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve a Resolution setting a Public Hearing for 6:30 P. M. August 10, 1976, for adoption of 1976 -1977 Fiscal Budget for the City of Nederland. All Voted Aye. RESOLUTION A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVER- ING THE FISCAL YEAR BEGINNING OCTOBER 1, 1976, AND ENDING SEPTEMBER 30, 1977. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenue of all city department activities, and offices for the Fiscal Year beginning October 1, 1976, and ending September 30, 1977, and; WHEREAS, such proposed and estimated budget, after due hating 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 expenditures in each of the various departments of the City of Nederland for the Fiscal Year beginning October 1, 1976, and ending September 30, 1977, is hereby accepted and a Public Hearing is hereby set for 6:30 P.M., August 10, 1976, 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., 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: APPROVED AS TO FORM AND LEGALITY: ALTA FLETCHER W. E. SANDERSON Alta Fletcher, City Secretary W. E. Sanderson, City Attorney City of Nederland, Texas City of Nederland, Texas tiff Minutes continued, July 13, 1976 A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve a Resolution adopting the International City Managers Association deferred compensation plan which permits all employees to contribute with no participation by City, except I administration. All Voted Aye. RESOLUTION RESOLUTION OF CITY OF NEDERLAND In the matter of: ESTABLISHING A DEFERRED COMPENSATION PLAN I, Alta Fletcher, City Secretary of the City of Nederland, Texas, do hereby certify that the following resolution, proposed by Mr. Sawyer and seconded by Mr. Nugent , was duly passed and adopted by the Council of the City of Nederland at a regular meeting thereof assembled this 13th day of July , 19 76 , by the following vote. AYES: Five (5) NAYES: 0 ABSENT: 0 ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas WHEREAS, the City of Nederland has in its employ certain personnel, and WHEREAS, said employees are and will be rendering valuable services to the City of Nederland; and WHEREAS, the City of Nederland has considered the establishment of a Deferred Compensation Plan for the said employees made available to the City of Nederland and to said employees by the International City Management Association Retirement Corporation; and WHEREAS, said employees often are unable to acquire retirement security under other existing and available retirement plans due to the contingencies of employment mobility; and WHEREAS, the City of Nederland receives benefits under said plans by being able to asst— reasonable=_ retirement security to said employees, by being more able to attract competent personnel to its service, and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to quality for retirement benefits. NOW, THEREFORE, BE IT RESOLVED that the City of Nederland establish said Deferred Compensation Plan for said employees and hereby authorizes its Mayor to execute the Deferred Compensation Plan with the International City Management Asso- ciation Retirement Corporation, attached hereto as Appendix 5; and IT IS FURTHER RESOLVED that the City Treasurer may, on behalf of the City execute all Joinder Agreements with said employees and other eligible officials and officers, which are necessary for said persons participation in the plan, and example of which appears at Appendix 7, except that any Joinder Agreement for said designated official 23' 7 Minutes continued, July 13, 1976 shall be executed by the Mayor. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize instal- lation of a street light (3000 lumen mercury vapor) along 22nd Street approxi- mately half (2) of the distance between Detroit and Gary, contingent upon ease- ments being obtainable from property owners of 620 22nd Street and adjacent; Mrs. Joyce Domaschk. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize the attendance and expenses of two (2) fulltime firemen and one and one -half ( %Z) of a volunteer fireman with Chief Austin Sattler as an instructor at the 47th Annual Texas Firemans Training School, Texas A&M, July 25, and 30. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Dr. Felix A- Walters as temporary City Health Officer beginning August 1, 1976 and ending October 31, 1976 in accordance with Article 4425 (4541) of Vernon Texas Civil Statutes. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize an agreement and resolution entering into a lease agreement with the Retired Senior Volunteer Program for one year on the property located at 920 Boston Avenue. All Voted Aye. 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 Retired Senior Volunteer Program (Grantee - -South East Texas Regional Planning Commission) is desirous of leasing the building and premises to be used as a Retired Senior Citizen Facility, the City is desirious of leasing same; and WHEREAS, the City of Nederland has agreed to enter into a lease agreement with the Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission); �c)V Minutes Continued, July 13, 1976 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 the Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission) for a period of one (1) year for a lease in the amount of $480.00 per month, to be contributed by the City of Nederland as an in kind contribution for services rendered beginning on the 1st day of July, 1976, and the City Secretary is authorized to attest to same and affix the seal of the City of Nederland to said lease. PASSED by the City Council this 13th day of July 1976. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City Of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON X On this 13th day of July, 1976 the City of Nederland, Jefferson County, Texas by and through its duly elected officers, hereinafter referred to as a Lessor, have entered into the following Contract and Agreement with the Retired Senior Volunteer Program (Grantee - South East Texas Regional Planning Commission), here- inafter referred to as Lessee, to -wit: The premises to be leased is the Opportunity Center Building and fenced premises located at 920 Boston Avenue, Nederland, Texas. The term of the lease shall be for one (1) year, beginning on the 1st day of July, 1976. For and in consideration of this lease, Lessee shall pay to Lessor $480.00 per month, to be contributed by City of Nederland as "in kind" contribution for services rendered; The Opportunity Center building and fenced premises is to be leased to the Lessee, to be used as a Retired Senior Citizen Facility; primarily as a necessity and convenience to this segment of our citizenry. There shall be no alcoholic beverages sold or consumed on the premises. 239 Minutes Continued, July 13, 1976 The Lessee must keep a public liability insurance policy in effect for a minimum of $100 ,000.00/$300,000.00 /$50,000.00 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 Retired Senior Volunteer Program, P. 0. Drawer 1387, Nederland, Texas 77627. The Lessee here -in shall not make any alterations to the leased premises without permission from the Lessor. The Lessor shall furnish the electricity, natural gas, water, sewer and garbage estimated to amount to $300.00 during the term of this lease; mowing estimated to be $720.00; and building upkeep and maintenance of $909.00 (approximately). WITNESS OUR HANDS this the 13th day of July, 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas Winnie Rutledge, Program Director Retired Senior Volunteer Program ATTEST: Chairperson, R.S.V.P. Advisory Countil APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve the City's commitment to match (25% City to 75% Environmental Protection Agency) of funds allocated to Project WPC TEX 1140; and amend the engineering contract with Charles R. Haile Associates to provide for access to their engineering records pertaining to Nederland by the Environmental Protection Agency, and to approve a Resolution pertaining to same. All Voted Aye. 24 Minutes Continued, July 13, 1976 RESOLUTION A resolution committing the City of Nederland to pay twenty -five (25) percent of all funds expended on approved grant eligible activities per- taining to wastewater facilities, WPC- Tex -1140, including the Sewer System Evaluation Survey (in accordance with previoud request fro grant increase to cover seventy -five (75) per cent of said Sewer System Evaluation Survey). The remaining seventy -five (75) per cent of funds will be provided by the Environmental Protection Agency. Approved and adopted during a legally convened meeting this 13th day of July , A.D., 1976. H. E. NAGEL B. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 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 approve payment of bills for the month of June, 1976 in the amount of $17,044,60 by General Fund Checks No. 6399 - 6458 and $26,793.98 by Water Fund Checks 1990 - 2019, a total of $43,838.58. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on recom - mendation of Mr. W. E. Sanderson, City Attorney, regarding recent activities relating to rates of natural gas furnished by Southern Union Gas as regulated by the Railroad Commission of Texas. All Voted Aye. Discussion items were as follows: 1. Grass on South 16th needs mowing. 2. Allowing sand to be dumped in ditch on South 14th. 3. Striping of Nederland Avenue, 27th Street corner. 4. Delivery date of garbage bags - July 15, 1976. 5. End result of leakage at library, repairs $100.00. 6. Songwood Addition cannot get Cable TV- underground cable. 7. 32nd & Avenue A drainage problem. 8. Old City Hall, 10th & Boston, Hardy & Water Tower, 17th & Detroit drainage problems. Minutes continued, July 13, 1976 9. Sanitary Landfill school at Texas A &M, July 26, 1976. 10. Lamar University, Traffic Safety Engineering Survey. 11. Right -of -way documents on Twin City Highway. 12. Appraisals around City Hall block. 13. Plans 8/10, Bids 9/14. 14. Budget. 15. Sanitary Landfill. The meeting adjourned at 10:35 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 H. E. Nagel, Ma r City of Nederland, Texas 4)41 242 Julv 27. 1976 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 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. Na -el Mr. Dick Nugent, and Mr. Sam Gillespie. A motion was made by Mr- Nugent and seconded by Mr. LeBlanc to appr -v? Minute- of the meetir- of Jul 1A 1976 a° w, -itten All voted A - -e. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to adopt Resolution requesting that a traffic engineering study be made by the planners yet to be selected by the City in coordination with the State Department of Highways and Public Transportation's Office of Traffic Safety leading eventually to implemen- tation of a signing program in accordance with the Manual in Uniform Traffic Control Devices, United States Department of Transportation. All Voted Aye. RESOLUTION STATE OF TEXAS X COUNTY OF JEFFERSON X WHEREAS, the State Department of Highways and Public Transportation's Office of Traffic Safety, has come before the City of Nederland City Council asking that the city join with it in a program to promote and improve traffic safety on the city's streets, and; WHEREAS, the State Department of Highways and Public Transportation's Office of Traffic Safety has ascertained that there is a need to develop and initiate a traffic engineering program for traffic safety and control, and; WHEREAS, the City Council of the City of Nederland is in agreement with the State Department of Highways and Public Transportation's Office of Traffic Safety that development and implementation of a traffic engineering program would be beneficial and an improvement of the safety of the city's streets for its citizens, and; WHEREAS, the City of Nederland will implement any and all recommendations as noted in the traffic engineering plan within the financial capability of the City of Nederland and; THEREFORE, be it resolved that the City of Nederland agrees to join with the State Department of Highways and Public Transportation's Office of Traffic Safety in the development and implementation of a traffic engineering plan which will enhance and promote the safety of all citizens on city streets. Approved this 27 day of July , 1976. H. E. NAGEL H. E. Nagel Mayor City of Nederland, Texas Minutes Continued, July 27, 1976 ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 243 A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize W. D. Winfrey, Wastewater Plant Foreman, attendance and expenses to the South East Texas Wastewater Short School - Lamar University - August 3 -5, 1976. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize John Bamber, Director of Public Works, attendance and expenses to Solid Waste Seminar at Texas A & M University August 25 and 26, 1976. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the following letter stating the City's position in regards to enforcement of federal laws per- taining to the Community Development Block Grant Program. All Voted Aye. July 28, 1976 Mr. John R. McDowell, Area Director Housing and Urban Development 2001 Bryan Tower, Fourth Floor Dallas, Texas 75201 Subject: B- 75 -DS -48 -0011, Annual Performance Report Dear Mr. McDowell: This is to assist you in determining whether Nederland's program has been admini- stered in accordance with all regulations of the Housing and Urban Development Act of 1974. In connection with the proposition of fair housing, the City of Nederland will con- tinue to comply with and conform to the Constitution of the United States and all laws legally passed by the governing body thereof. No discrimination will be made in the enforcement of any Act or law over any other Act or Law as passed by the government of the United States. NEDERLAND CITY COUNCIL H. E. NAGEL 1 BY: Homer E. Nagel, Mayor CITY OF NEDERLAND, TEXAS HEN /es CC: Mr. D. Bob Henson, City Manager 244 Minutes Continued July 27, 1976 Discussion Items Were As Follows: 1. Slope mower schedule. 2. Completion of house on Helena - what is ordinance requirement. 3. Temporary electricity for construction. 4. On next agenda; tax, budget, Ordinance #155, re- appointment of Heritage Festival Committee, and Citizen's Advisory Committee. 5. Appointment of Heritage Festival Chairman from Nederland. 6. Comments on Budget. 7. Renewal of Revenue Sharing - much debate. 8. Budget requests for employee wage increases (13.25 %) 9. Plans for police annext next meeting. 10. Employee Public Works Act. 11. Department of Community Affairs. 12. Street Light Study. 13. Off street shell parking. 14. Lists of suggestions for Lions Club donation. 15. Cover for picnic tables in park. 16. Report from G. E. Hallmark on mobile home parking violation. 17. Sewer treatment plant regulations; pertaining to industry. 18. Extend lighting on tennis court from 11:00 P.M. to 12:00 P. M.. 19. Allen Meadows Addition 8" water line should be 10" - City will pay the difference. 20. Mayor would like to be informed on violations of mobile home park ordinance. 21. Hearing concerning Southern Union Gas rate increase. The meeting adjourned at 9:15 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas A Q $D 1 H. E. Nage Mayor City of Nederland, Texas 1 245 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 9, 1976 The City Council met in joint session with the Planning Commission to discuss items pertaining to Allan Meadow Subdivision. This portion of the meeting lasted from 7:00 P. M. to 7:45 P. M. The special meeting of the City Council was called to order at 7:45 P. M. by Mayor Nagel. Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, and Mr. Sam Gillespie, Councilmen absent were Mr. C. N. LeBlanc and Mr. R. A. Nugent. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve an Amendment to Ordinance 11121 revising the rules and regulations for installation of subdivisions. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 121 AN AMENDMENT TO AN ORDINANCE REGULATING ALL PHASES OF SUBDIVIDING ANY ADDITION LOCATED WITHIN THE CITY LIMITS OF THE CITY OF NEDER- LAND, TEXAS, AND SETTING STANDARDS FOR PLAT MAPS, STREETS, WATER AND SEWER DISPOSAL, IMPROVEMENTS, AND ALL OTHER MATTERS PERTAINING 1 TO THE DEVELOPMENT OF LAND AND TO SUBDIVISIONS WITHIN THE CITY LIMITS OF NEDERLAND, TEXAS. 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 9th day of August, 1976, and recorded in Volume XI, page 245, of Minute Records RULES FOR LAND SUBDIVISIONS NEDERLAND, TEXAS This Amendment to Ordinance No. 121 is intended to be a supplement and an addendum to said Ordinance covering the restrictions of certain types of subdivisions, setting standards for curb construction, setting standards for certain types of sanitary sewer pipes, and the installation of electrical power service and street lights. 1. GENERAL: Electrical power in Subdivisions shall be installed in accordance with the National Electrical Code and will be permitted to be installed above ground, or below ground, in accordance with this Code; and the option shall be with the Developer to install either above or below ground service at his, or Power Company's expense. 2. CLASS II Subdivisions: Class II Subdivisions will no longer be accepted in the City of Nederland and any mention to Class II requirements in this ordinance including Section IX B & D will be considered no longer applicable to new or proposed subdivisions in the City of Nederland. 246 Minutes Continued August 9, 1976 3. CLASS I SUBDIVISIONS: The City of Nederland shall approve the locations and number of street lights to be installed in proposed subdivisions. Street lighting shall be installed on con- crete or metal poles, only. The City and the Developer will participate in the cost of the pole as called for on Gulf States Utilities Company's Rate Schedule SHL, or future Amendments thereto; the City's participation being limited to 25% of the purchase price of the pole only and City's participation not to exceed $150.00 per pole. The Developer will pay the additional cost of the pole and installation called for on Gulf States Utilities Company's Rate Schedule SHL, or future Amendments thereto; plus one year's rental on the street light, in accordance with Gulf States Utilities Company's Street Lighting Agreement with the City of Nederland. 4. SANITARY SEWAGE SYSTEM: Section XI -A will be changed to read: Sanitary Sewer lines shall have a mini- mum diameter of 8" and a slope of .25% and shall be vitrified clay - ASTM -C -700 pipe (pre - molded joint), or Acrylonitrile- Butadiene - Styrene pipe (A -B -S) ASTM -D -2680 or equal. 5. STREETS WITH CURB & GUTTER SECTIONS: Section IX A3 will be changed to read: Height of standard curb above gutter shall be a minimum of six (6) inches, or shall be a minimum of five (5) inches for "laid- back" curb section. -PASSED by majority vote of Members present of the City Council of the City of Nederland, Texas, this the 9th clay of August, A. D., 1976. , R. BODEMULLER, JR. _ Nederland Plan Commission City of Nederland, Texas HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST ALTA FLETCHER (Mrs.) Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas F1 Minutes Continued August 9, 1976 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the Allan Meadow Subdivision, Section I, as a Class I subdivision in accordance with Ordinance X1121; and to authorize participation to the amount of $994.42 by the City in the installation of street lights within Allan Meadow Subdivision, Section I. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel, to authorize adver- tisement for bids to be received 6:30 P. M., September 14, 1976, for water and sanitary sewer facilities within Allan Meadow Subdivision, Section I. All Voted Aye. The meeting was adjourned at 8:00 P. M. ATTEST: 424 ,, ,-,111A/�A'AIJ Alta Fletcher, City Secretary City of Nederland, Texas 1 H. E. Nagel, Mayor City of Nederland, Texas 2,i( Z 8 August 10, 1976 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 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, and Mr. Sam Gillespie. Mr. Dick Nugent was absent. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve Minutes of July 27, 1976 meeting as written. All Voted Aye. A Public Hearing was conducted on the Budget for the 1976 -1977 fiscal year in accord- ance with Article VII of the City Charter. Mr. Calvin Woods and Mr. John Stelly made an appeal for an additional increase in wages. Consideration was given for requests. No one recommended change. Ordinance No. 295 was read by the Mayor. A motion was made by Mr. Nagel and seconded by Mr. Gillespie that we adopt the budget as presented and adopt Ordinance No. 295 as read. All Voted Aye. ORDINANCE NO. 295 AN ORDINANCE 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 1976, AND APPORTIONING EACH LEVY FOR THE S13ECIFIC 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 Six (1976) upon all property, real, personal and mixed within the corporate limits of the said city, subject to taxation. A tax of One Dollar and S=ixty Two Cents ($1.62) of each One Hundred ($100.00) Dollars valuation of property said tax being levied and apportioned to specific purposes herein sett forth. (a) For the maintenance and support of General Government (General Fund) 73.75% of each One ($1.00) Dollar levied on the 1976 Tax Roll. (b) For the purpose of paying interest and principal on Seventy Thousand ($70,000.00) Dollar Water Works Tax Bonds, Series 1956, .61% of each One ($1.00) Dollar levied on the 1976 Tax Roll. (c) For the purpose of paying interest and principal on Sixty Five Thousand Five Hundred ($65,500.00) Dollar Fire Station Bonds, Series 1957, .59% of each One ($1.00) Dollar levied on the 1976 Tax Roll. (d) For the purpose of paying interest and principal on the Seven Hundred Seventy Five Thousand ($775,000.00) Dollar Water and Sewer Improvement , Bonds, Series 1959, 5.09% of each One ($1.00) Dollar levied on the 1976 Tax Roll. Minutes Continued August 10, 1976 2.19 (e) For the purpose of paying interest and principal on Three Hundred Twenty Five Thousand ($325,000.00) Dollar Water and Sewer Improvement Bonds, Series 1960, 1.78% of each One ($1.00) Dollar levied on the 1976 Tax Roll. (f) For the purpose of paying interest and principal on Two Hundred Twenty Five Thousand ($225,000.00) Dollar Water & Sewer Improvement Bonds, Series 1961, 1.34% of each One ($1.00) Dollar levied on the 1976 Tax Roll. (g) For the purpose of paying interest and principal on the Twenty Thousand ($20,000.00) Dollar levied on the 1976 Tax Roll. (h) For the purpose of paying interest and principal on the Five Hundred Thousand ($500,000.00) Dollar Street Improvement Bonds, Series 1962, 2.66% of each One ($1.00) Dollar levied on the 1976 Tax Roll. (i) For the purpose of paying interest and principal on the Three Hundred Thousand ($300,000.00) Dollar Street Improvement Bonds Series 1963, 1.80% of each One ($1.00) Dollar levied on the 1976 Tax Roll. (j) For the purpose of paying interest and principal on the One Million Eighty Thousand ($1,080,000.00) Dollar Street Improvement Bonds, Series 1967, 5.35% of each One ($1.00) Dollar levied on the 1976 Tax Roll. (k) For the purpose of paying interest and principal on the Four Hundred Fifty Thousand ($450,000.00) Dollar Street Improvement Bonds, Series 1969, 3.95% of each One ($1.00) Dollar levied on the 1976 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, 2.95% of each One ($1.00) Dollar levied on the 1976 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 1976. SECTION III That the ad valorem taxes herein levied for the year 1976 shall become due January 1, 1977, though payable on the first day of October, 1976, and may be paid up to and including the following January 31, 1977, without penalty; but, if not paid, such taxes shall become delinquent on the following day February 1, 1977, 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, 1977, eight (8%) percent penalty. Such unpaid taxes shall bear inter- est rate of 11 per annum from February 1, 1917, the same being the next year succeeding the year 1976; and if paid on or after the 1st day of July, 1977, 6% interest; for which such taxes are hereby levied or assessed. Tax cost shall be One ($1.00) Dollar. 2 (� 5 v Minutes Continued August 10, 1976 SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1977, 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, 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Mrs. Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt an Amendment to Ordinance X1155 establishing water, sewer and garbage rates and water and sewer con- nection fees. All Voted Aye. A14 AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD WATER AND SEWER RATES, WATER AND SEWER CONNECTION FEES, AND REINSTATING PRESENT GARBAGE RATES, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS. WHEREAS, a revision should be made in the rates for water and sewer services now being charged by the City of Nederland, Texas inside the City Limits and outside the City Limits: NOW, THEREFORE, BE IT ORDAINED 13Y 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 ri *WATER RATES Inside Outside Residential and Commercial: City City First 2,000 Gallons (Minimum) $2.00 $4.00 Next 2,000 Gallons (Per M) 1.00 1.00 Next 16,000 Gallons (Per M) .70 .70 All over 20,000 Gallons (Per M) .60 .60 1 ri Minutes Continued August 10, 1976 251 *SEWER RATES Inside City Outside City Residential (Per Month) 2,000 Minimum $2.00 $4.00 Next 6,000 Gallons (Per M) .55 1.10 All over 8,000 Gallons .55 .55 Commercial (Per Month) 2,000 Minimum 2.00 4.00 Next 6,000 (Per M) .55 1.10 All over 8,000 Gallons (Per M) .55 .55 *WATER CONNECTION FEES 3/4" Water Tap $120.00 $180.00 1" Water Tap 175.00 262.50 1 -1Y" Water Tap 400.00 600.00 2" Water Tap 600.00 900.00 Over 2" Tap Material Cost + 20% *SEWER CONNECTION FEES Residences - 4" Sewer Tap $75.00 $112.50 6" Sewer Tap 85.00 127.50 8" Sewer Tap 100.00 150.00 * Or as required by provisions of outside city contracts. GARBAGE RATES Inside City Outside City Residential (Per Month) $ 3.50 $ 5.25 A - Commercial (Per Month) 4.00 6.25 B - Commercial (Per Month) 6.00 8.25 C - Commercial (Per Month) 8.25 13.25 D - Commercial (Per Month) 10.75 18.25 E - Commercial (Per Month) 14.75 26.25 F - Commercial (Per Month) 18.75 34.25 G - Commercial (Per Month) 23.75 44.25 H - Commercial (Per Month) 28.75 54.25 I - Commercial (Per Month) 38.75 74.25 J - Commercial (Per Month) 48.75 94.25 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 invalid or unconstitutional. 3. This Amendment to Ordinance No. 155 shall become effective with the October, 1976 billing. PASSED AND APPROVED by the City Council, City of Nederland, Texas, at a Regular Meeting, this the 10th day of August, A. D., 1976, HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas 252 Minutes Continued August 10, 1976 ATTEST: ALTA FLETCHER , Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALIT`.t: 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 authorize an Amendment to the Agreements with other cities providing for an increase in sanitary landfill user fees from 60C per customer per month to 704� per customer per month and providing for an increase in Mid County Police Dispatch monthly fee per capita from 10C to 16C - both effective October 1, 1976. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize a change in fees for water and /or sanitary sewer service to all customers located outside the city in accordance with their Agreements and coinciding with the amendments to fees as included in the above Amendment to Ordinance 11155. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie authorizing advertisement for bids to be received 6:30 P. M., September 14, 1976, for 945,000 plastic bags; bids providing service and maintenance of City of Nederland owned air conditioning and heat- ing equipment for one year. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize clarification of Ordinance 11238 concerning security of unused refrigerators and iceboxes within the City. All Voted Aye. SUBJECT: Ice Boxes, Refrigerators or other air -tight containers having such violations as listed in Section :C of City Ordinance No. 238. These violations have come to the attention of the City Manager, City Council, Building Inspector and Fire Marshal's office. After several suggestions on how to remedy these violations we have decided to accept some of them provided they conform with the below rules and regulations. A. CHAIN BINDING Binding the refrigerators, ice boxes and other air -tight containers mentioned in Article No. 238 with chain and lock will encircle all containers either separate or as one large unit. When chained separately the chain and lock shall have no more than !�" slack when pulled away from the container and no more than 3" slack when wrapped and locked as a unit, meaning in this case 5 or more containers as contained in Ordinance No. 238. B. METAL STRAP BINDING I When binding the containers mentioned in Article No. 238 with a metal strap, if binded separately, there shall be no slack when strap is pulled outward from the container. When binding the container as a unit there will be no more than The above mentioned shall be in compliance when in operation to Ordinance No. 238 Section I which make the devices mentioned in the same Ordinance inaccessible to children. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer authorizing acceptance of quitclaim deed from Foodmaker, Incorporated, for 15th Street right -of -way from Nederland Avenue North fro three (3) lots, a ten (10) foot wide street and compensation of $100.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Estimate 413 to Hubbard Electric for C. Doornbos Park electrical distribution, site lighting, and tennis court lighting - $22,990.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of bills for the month of July, 1976 in the amount of $9,572.57 by General Fund Checks No. 6493 -6537 and $13,797.77 by Water Fund Checks No. 2031 -2055, a total of $23,370.34. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie acknowledging receipt of notification concerning an incident with KCS Railroad crossing Boston Avenue. All Voted Aye. A report was presented on the City - School Summer Recreation Program by Mr. George Hawkins who requested expansion of the program. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve the over -run of $423.42 on the Summer Recreation Program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize advertisement for bids on labor and equipment for use in the City Street Program - to be received 6:30 P. M. August 24, 1976. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve an Amendment to Ordinance 41216 providing for a change in City of Nederland retirement plan with Texas Municipal Retirement System from 7% of $4,800.00 to 7% of $8,400.00 covering all full - time employees. 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 RETIREMENT SYSTEM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS Minutes Continued August 10, 1976 2 } i" slack when pulled outward from any one given place. Unit in this case meaning 5 or more of the containers mentioned in Ordinance No, 238, C. When fencing the area where containers mentioned in Ordinance No. 238 are stored the fence shall be no less than 6 feet in height and have one foot of barbed wire protection at the top making the fence a total of 7 feet. Any gate or gates shall remain locked anytime it is left unattended by the owner or employees of the owner. The above mentioned shall be in compliance when in operation to Ordinance No. 238 Section I which make the devices mentioned in the same Ordinance inaccessible to children. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer authorizing acceptance of quitclaim deed from Foodmaker, Incorporated, for 15th Street right -of -way from Nederland Avenue North fro three (3) lots, a ten (10) foot wide street and compensation of $100.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Estimate 413 to Hubbard Electric for C. Doornbos Park electrical distribution, site lighting, and tennis court lighting - $22,990.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of bills for the month of July, 1976 in the amount of $9,572.57 by General Fund Checks No. 6493 -6537 and $13,797.77 by Water Fund Checks No. 2031 -2055, a total of $23,370.34. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie acknowledging receipt of notification concerning an incident with KCS Railroad crossing Boston Avenue. All Voted Aye. A report was presented on the City - School Summer Recreation Program by Mr. George Hawkins who requested expansion of the program. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve the over -run of $423.42 on the Summer Recreation Program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize advertisement for bids on labor and equipment for use in the City Street Program - to be received 6:30 P. M. August 24, 1976. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve an Amendment to Ordinance 41216 providing for a change in City of Nederland retirement plan with Texas Municipal Retirement System from 7% of $4,800.00 to 7% of $8,400.00 covering all full - time employees. 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 RETIREMENT SYSTEM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 254 Minutes Continued August 10, 1976 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 seven per cent (7%) of the earnings of each employee, and in determining the deposits to be made on account of such service the earnings of any employee of any such department in excess of the sum of Eight Four Hundred Dollars ($8,400.00) in any one year shall not be considered. Passed and approved this 10th day of August, 1976, to become effective October 1, 1976. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON , W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize Change Orders 4375- 19B -1, and 4375 -19B -2 with C & C Construction - Clayton Addition sewer lines; Contingent upon clarification by City Manager on Open Cut. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize statement providing that the City of Nederland and the Engineers - Charles R. Hailes, Associates, will not exceed the funding provided for the application to conduct the infiltration/ inflow analysis, etc. All Voted Aye. Discussion items were as follows: 1. Sofas, Sofas, Sofas, - Boxes stacked on highway. 2. Grass and trees growing around old Imhoff Tank. 3. Corner of South 25th Street and Avenue A - Stop sign missing. 4. Use of weed killer around fire plugs. 5. Central Gardens installing water lines; not conforming to master plan. 6. Equalization Board. 7. Employment of VOE Student. 8. Plans of Police Annex. 9. Photograph of French House on Budget Cover. 10. Drainage District #7 request for pipe. 11. Meeting with Southern Union Gas held July 28, 1976; Statewide hearing held August 2, 1976. 12. Proposed By -Laws change; SETRPC. Minutes Continued August 10, 1976 The meeting was adjourned at 9:45 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas I 1 Homer E. Nagel, May City of Nederland, Texas `JJ 25)6 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 24, 1976 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. R. A. Nugent, Mr. Sam Gillespie, and Mr. H. E. Nagel. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of August 9 and 10, 1976 meetings as written. All Voted Aye. Sealed bids were received, opened, and read for 4.0 miles street maintenance/ recon- struction program -- labor and equipment. Bide:rs were F. Gatlin Co., $16,662.50; N. K. Barnette Construction Co., $21,925.00; Lawson's, $22,475.00; and Trotti -Thom- son, $15,793.75. A motion was made by Mr. LeBlanc and seconded by Mayor Nagel that we approve the low bid of Trotti- Thomson in the amount of $15,793.75. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to re- appoint members of the Citizen's Advisory Committee for one (1) year. All Voted Aye. J. B. McKinney Mrs. Ruth Crane Bruce Morris Jerry McNeill Austin Sattler John Morgan Alt George Hallmark D. Bob Henson A. A. Salter Members of the Citizen's Advisory Committee .fohn Bamber B. W. Doornbos Johnny Shaw Bob Gray F:. Bodemuller Alta Fletcher Fray Pace M. A. Furth Esther Stafford M.L.C. Lucke Dorothy Ryland Don Watt Charles Use Arthur Davis James Byers Homer E. Nagel Aaron Harmon A motion was made by Mr. Nugent and seconded by Mr. Gillespie to re- appoint members of the Heritage Festival Committee for one (1) year. All Voted Aye. Barbara Morgan Dorothy Ryland Don Watt Johnny Shaw Jeff Bell Carl N. LeBlanc Alton Hollier Jerry McNeill Beverly Minaldi Mr. & Mrs. Bobby Davis Butch Davis Mr. & Mrs. George Shannon Rita Bass Charles Porter Betty Dixon Glenda Vanover Ruth Jordan Mr. & Mrs. Dave Winters Lorenzo Sumrall Mr. & Mrs. Dan Marr_ontel Alice Lankford Pat Riley, Jr. Rhonda Tarver .]pan Townsend Ruth Crane Cheer Gilchriest Mr. & Mrs. Bill Schroeter Doris Evans Mr. & Mrs. R. Weldon David Luther Alton Murphy Charlene Rees Marie Fleming Mark Moore Mrs. Victor Tyer R. A. Nugent A motion was made by Mr. Sawyer and seconded by Mr. Nugent that we approve Change Order #3 to C. & C. Construction Co. contract, Project B- 75- DS- 48- 001-1 in the amount of : Deduct $4,970.00, addition of $5,179.00. All Voted Aye. 1 1 iJ Minutes Continued August 24, 1976 2057 A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the atten- dance of D. B. Henson, City Manager, to International City Manager Association Seminar in Kansas City, August 27, 1976. All Voted Aye. Discussion items were as follows: 1. Garbage truck scattering garbage on road at Red -Key Quickstop. 2. Mrs. Don Duncan's child being bitten by large dog owned by Mrs. Stanley LeBlanc. 3. Complaint by Mr. James Gabourel, 406 So. 37th Street, of garbage truck running over fence and spilling garbage. 4. Meeting with Judge Giblin on needs of Senior Citizens. 5. Blind corner at 23rd and Helena Avenue caused by parking of camper. 6. Ditch to be filled in near Carl Moon's. 7. Garbage spilled by trucks in back of drugstore. 8. Petition from Stonegate to provide guard for shcool children crossing Hwy. 365. 9. Traffic Survey. 10. Southern Union Gas Rate. 11. Fire drill field. The meeting was adjourned at 8:00 P. M. H. E. Nagely Mayor City of Nederlan4, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 1 28 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 14, 1976 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 August 24, 1976 meeting as written. All Voted Aye. Sealed bids were received, opened and read for purchase of 945,000 plastic garbage bags. Bids were received from Marketing Services, Frontier Bag, Inc., Arrow Indus- tries, Adams Industry, Pak Rite Plastics, Herbert Helmus & Son, C. & D. Machines, Union Carbide Corporation, and Stedman Paper Cc. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the bids for garbage bags to the City :Manager and his staff for tabulation and recommenda- tion. All Voted Aye. Sealed bids were received, opened and read for repair and maintenance of all City air - conditioning /heating equipment. Bidders were Mr. W. Williams Refrigeration and Air Conditioning, and Bob Smith Air - Conditioning. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the bids for maintenance of air - conditioning /heating equipment to the City Manager and his staff for tabulation and recommendation. All Voted Aye. Sealed bids were received, opened and read for the installation of water and wastewater facilities within Allan Meadow Addition, Section 1. Bidders were Mar -Len, Inc., J. C. Johnson and Melvin Turner, Imperial Construction, Rogers Underground Utilities, Bella Company, Neches Contractors, and Steele Construction A presentation was made of plans for Police Annex to City Office Building by Murphy Vaught of Moore, Stansbury and Vaught Architects. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve the Police Annex plans and to authorize :Mayor Nagel to file an application under Public Works Employment Act when it becomes official. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to select Rady and Associates, Traffic Engineering Consultants of Fort Worth, Texas to perform a Traffic Safety Study contingent upon approval of grant by Texas State Department of Highways and Transportation to fund same. All Voted Aye. 1 A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie that we waive the provision of Article V, Section 6, in Ordinance 4107 to allow Fireman Walter DeCuir to return to work in the Fire Department. All Voted Aye. , A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to appoint the auditing firm of Neushafer & Browning, Certified Public Accountants, to perform the audit for the 1975 -1976 Fiscal Year. All Voted Aye. Minutes Continued, September 14, 1976 2'9 A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize Jefferson County to provide "absentee voting" for general election in old City Council room, 908 Boston Avenue, October 13 -29, 1976. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize the 1977 Heritage Festival March 16 -20 and to appoint to the Committee Jan Townsend, Fannie Keene, Ruth Hubbard, Athana Jensen, Joanne McBride, Shirley Whiteside, Ronnie Spruell, Roberta Buhler, Irene Kirkwood, and Richard Dixon. All Voted Aye. An executive session was held regarding possible litigation. A motion was made by Mr. Nagel and seconded by Mr. Nugent that we authorize the City Attorney to join with other cities in our area to enter into litigation against Southern Union Gas Company, and to table action on requests of South- western Bell Telephone Company. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve proposed Policy (Affirmative Action Plan) for implementing Community Development Block Grant Projects. Messrs. LeBlanc, Nagel, Nugent, and Gillespie Voted Aye. Mr. Sawyer Voted No. Mr. Sawyer left the meeting at 9:10 P. M. to go to work. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize Developer's Escrow Account for the installation of water and wastewater facilities within Allan Meadow Addition, Section 1; to authorize City payment of difference in approximately 705 L. F. of 8" diameter and 10" diameter water transmission line per master plan recommendation; and to award bid to Steele Construction Co. in the amount of $62,307.60. All Voted Aye. Mr. Nugent left the meeting at 9:15 P. M. to go to work. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of bills for the month of August, 1976 in the amount of $19,539.07 by General Fund checks no. 6580 -6633, in the amount of $19,205.93 by Water Fund checks no. 2068 -2097 for a total of $38,745.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc authorizing bids to be received 6:30 P.M., October 12, 1976 for one accounting machine, less trade - in. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize payment of Estimate #1 to C. & C. Construction Company for wastewater collection system improvements, Community Development Block Grant, No. B75 -DS -48 -0011, in the amount of $45,500.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the 1976 Tax Assessment Roll in the amount of $63,250,983.00. All Voted Aye. Discussion Items Were As Follows: 1. Letter from Spencer Viola commending City employees. 2. Repairs needed on Avenue K in the 1300 -1500 blocks. 3. Opening of ditches on both sides of Central Junior High School. 4. Street repairs needed at 1212 So. 29th Street. 5. Stop sign needed on road coming out of Doornbos Park. 6. TML meeting, 9/16/76. Minutes Continued, September 14, 1976 7. Letter from Drainage District. , 8. Zoning Ordinance 1146; Customary Home Occupation Ceramic Shop. 9. Workmens Compensation. 10. Railroad Crossings. 11. Addition of one Fireman. 12. Mowing machine and tractor. 13. Comprehensive Employment Training Act - CETA. 14. Public Hearing on October 12, 1976 on Block Grant. 15. Preliminary notification that third year funding for Block Grant may be approved. 16. Civil Defense meeting in Beaumont. 17. Annual Firemen's Dance. 18. Alcoholic Beverages; Liquor by the drink; beer sales after 1:00 P. M. on Sunday. 19. Barbecue Tuesday night at 6:30 P.M. at K. C. Hall. The meeting adjourned at 10:15 P. M. H. E. Nagel, or City of Nederland, Texas ATTEST: Alta c-- er , City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas C 1 261 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS September 28, 1976 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 meeting of September 14 as written. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to award bid for purchase of 945,000 plastic garbage bags to low bidder, Adams Industries, Inc. - 1.5 mil., $40.73 per 1,000; and to award air conditioning and heating maintenance contract for one year to W. Williams Refrigeration, low bidder, in accordance with bids received September 14, 1976. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve revising the award to Steele Construction Company for water and sewer facilities in Allan Meadow Subdivision due to manhole covers being left out of previous tabulation; $68,178.50 plus the difference for 101, water line of $2,400.50, total of $70,579.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie, subject to approval of the City Attorney, to allow under Ordinance 121 -I -C a contract between Contractor and Developer instead of City for water and sewer facilities within Allan Meadow Subdivision. All Voted Aye. Mr. Nugent left the meeting at 6;40 p. M. ' A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize transfer from Water Fund to General Fund of $110,203.00 in accordance with Article 15 of the City Charter. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to adopt an Amendment to Ordinance No. 107 providing for installation of stop signs at the intersection of S =24th Street and Avenue H. 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 parking rules, and required stop signs. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 2 - STOP SIGNS A stop sign shall be erected on the following street at the Avenue indicated. All drivers of vehicles must come to a complete stop at such signs. STOP South 24th Street at Avenue H 262 Minutes Continued, September 28, 1976 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 28th day of September, A.D., 1976." H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland A "motion-was made by Mr. LeBlanc and seconded by Mr. Sawyer to appoint addition members of the Heritage Festival Committee as follows: Tom Chapman, Joni Sanderson, and Betty Hill. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize attendance of ' Civil Defense officials and City Manager, D. B. Henson, and -Chief of police, Billy Neal to Texas Gulf Coast Civil Defense Association Annual Conference in Beaumont, Texas on October 6, 7, 8, 1976. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize advertisement of "Notice of Public Hearing" at 6 :30 P.M. on October 6, 1976 for determining the adverse environmental impact, if any, that would be caused by the construction of the new police Station. All Voted Aye. Discussion items were as follows: 1. Homer Taylor attendance to National Armed Robbery Conference. 2. Two letters, one from Southern Union Gas Co. and one from Gulf States Utilities Co. 3. Ditches and Doornbos property on gent Avenue needs cutting. 4. Dog complaints. 5. Democratic office opening at 1551 Nederland Avenue. 6. Budgeted annual equipment bids. 7. Accounting machine bid. 8. police Station application. The meeting was adjourned at 7:30 P. M. / / dam /) 2�aa H. E. Nagel, MaY r City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 263 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 5, 1976 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 and Mr. Sam Gillespie. Mr. R. A. Nugent was absent. There was an Executive Meeting with the City Attorney to discuss litigation concerning Southern Union Gas Company. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize the City Attorney to continue action concerning litigation that is being appealed to the 9th Court of Civil Appeals involving Southern Union Gas Company. All Voted Aye. The meeting was adjourned at 7:40 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas /� I �" ��` H• E. Nagel, Mayor- City of Nederland, Texas 264 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 12, 1976 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. R. D. Sawyer was absent. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve Minutes of the meetings of September 28 and October 5 as written. All Voted Aye. Sealed bids were received, opened and read for e.n accounting machine. Bids re- ceived were as follows: Burroughs N.C.R. L6400 $ 8,874.00 $7,465.60 Software 1,025.00 900.00 One Year Maintenance 810.00 606.00 Trade -In - 275.00 - 200.00 Total $10,434.00 $8,771.60 L6500 $12,929.00 $14,020.65 Software 3,125.00 900.00 One Year Maintenance 1,226.00 1,212.00 Trade -In - 275.00 = 200.00 $175005.00 $15,932.65 A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer bids for account- ing machine to the City Manager and his staff for tabulation and recommendation. All Voted Aye. A Public Hearing was conducted for the purpose cf determination that the proposed Police Station Annex will cause no significant impact on environment. No detrimental comments were heard. No objections to the outline as presented were made known. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve reports as presented based on outcome of Public Hearing and determination that the proposed Police Station Annex will cause no significant impact on environment. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to table action on appointment for Dr. F. A. Walters as City Health. Officer and authorizing regular influenza immunization shots. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to call a Public Hearing for 6:30 P. M., October 26, in accordance with Article XIV of the City Charter to consider cancellation of Ordinance No. 283, or parts thereof, regarding permitting the pass- through of gas increase and /or decrease. All Voted Aye. 1 1 1 Minutes Continued, October 12, 1976 265 A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve action regarding Public Works Employment Act authorizations for applications as follows: 1. Authorize preparation of engineering plans as necessary by Chas. R. Haile, Associates and preparation of applications to pave 27th Street, 36' wide, concrete curb and gutter, storm sewers, from FM 365 to Canal Avenue, Estimated cost $1,183,420; LCr'(S 1"e -e%1 2. Set Public Hearing for 6:30 P. M., October 26, for purpose of determining no significant impact on environment for this project. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertisement for bids on equipment as budgeted, and additionally, one tractor with brush hog and one complete garbage truck to be received 6:30 P. M., November 9, 1976. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of bills for month of September in the amount of $13,054.32 by General Fund Checks No. 6671 -6734 and $16,309.86 by Water Fund Checks No. 2108 -2135, a total of $29,364.18. All Voted Aye. Mr. Nugent left the meeting at 7:15 P. M. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize an agreement with Texas Office of Traffic Safety as presented for Traffic Engineering Survey Grant in the amount of $17,480.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize amending City Street Light Installation participation with Allan Meadow Subdivision, Section I, from $994.42 to $386.75 for galvanized steel poles instead of concrete poles and accept payment from developer for street markers and street lights in the amount of $3,293.17. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment from Community Development Block Grant Fund, Estimate No. 2, to C & C Construction in the amount of $11,400.00; to Chas. R. Haile Associates in the amount of $2,744.15, and to approve extension of 30 days on C & C contract as presented. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize the following Revised Project Schedule and Resolution for the EPA Grant for Infiltration Inflow Analysis, etc., Wastewater System. All Voted Aye. CITY OF NEDERLAND RESOLUTION REVISING SCHEDULE FOR STEP 1 Grant Dated April 22, 1975 Whereas, the City of Nederland, Texas has made application to the Texas Water Quality Board and the Environmental Protection Agency for a Federal Grant pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92 -500, and the rules and regulations thereto, 266 Mintues Continued, October 12, 1976 Now Therefore, Be It Resolved by the above named applicant that the application for which Federal grant assistance has been requested pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public: Law 92 -500, will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule: General Information Availability of applicant's share of project costs Availability of site (s) for project facilities Date Step 1 Funds are now Step 2 Step 3 Now Available Project Schedule Item Calendar Days Step 1 A. Infiltration /Inflow Analysis (with Evaluation Survey Plan of study if required) Report completed and submitted to State after Step 1 grant award. * Completed, Submitted and Approved. B. Infiltration /Inflow Evaluation Survey (if required) Report completed & submitted to State 239 days after grant amendment for Survey. C. Environmental Assessment (including time for draft report, advertisement, & hearing) Final report completed & submitted to State 122 days after EPA approval of I/I Analysis & I/I Survey *if required. Step 2 Final Plans and Specifications completed and submitted to State 150 after Step 2 grant award. Step 3 Advertise for Construction Bids within the days indicated after authorization to advertise=_ for bids has been issued 30 days 1 Submit Bid Opening Documents within the days indicated after the bid opening I date 30 -- days Award of Construction Contract within the days indicated after authorization to award the contract has been issued 10 days Minuted Continued, October 12, 1976 26% Initiation of Construction within the days indicated after the award of the ' contract 30 days Complete construction within the days indicated after initiation of construction 365 days Be it further resolved, that the above named applicant understands that the above project schedule must be approved by the Texas Water Quality Board and the Environ- mental Protection Agency, and that once a project schedule has been approved, no changes will be authorized without first receiving approval of the change from the Texas Water Quality Board and the Environmental Protection Agency. Passed, approved, and adopted this 12th day of October , 1976. 1 1 (SEAL) Attest: ALTA FLETCHER Alta Fletcher City Secretary HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland Grant Identification Number C- 481140 -01 -1 REVISED TO AGREE WITH REVISED PROJECT SCHEDULE Tasks to be Estimated Date Cumulative Amount completed of completion Amount (Not to be exceeded) Infiltration/ Inflow Analysis Submittal of Sewer System Survey Approval of Sewer System Survey Submittal of Facility Plan and Environmental Assessment Approval of Facility Plan and Environmental Assessment June 30, 1976 $18,500.00 $ 18,500.00 May 31, 1977 $160,000.00 $178,500.00 June 30, 1977 $ 21,590.00 $200,090.00 Sept. 30, 1977 $ 29,400.00 $229,490.00 October 31, 1977 $ 5,500.00 $234,990.00 26 Minutes Continued, October 12, 1976 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize policy , as presented for blacktop driveways located upon city right -of -way for the period ending March 31, 1977. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the schedule for architectural fees for the police station annex from Moore, Stansbury, and Vaught to be reduced from 8z% to 8% as presented. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize installation of three (3) 3,000 lumen mercury vapor street lights at the following locations: Corner of S -21st Street and Avenue D; Corner of S -25th Street and Avenue D; Corner of 15th Street and Franklin Avenue. All Voted Aye. Discussion items were as follows: 1. Payment of tax by C, tD Industries. 2. New policy for Gulf States Utilities, attempt to delete liability. 3. Proposition from Garth Mobile Home Park concerning contract extension. 4. Mid - County Municipal League Meeting, Nederland, 10/19/76, 6:30 P. M. 5. Texas Municipal League Meeting, November 13 -16, Dallas, Texas. 6. Old Governors Conference, December 4 -6, E1 Paso, Mr. LeBlanc's attendance. 7. Public Hearing for Community Development Block Grant. 8. Copies of grant proposals to Congreeman Jack: Brooks, Police Station and 27th St. 9. Allan Meadow Subdivision, tree in right -of -way. 10. Street Program. The meeting was adjourned at 9:00 P. M. �- /I acF-:-Q H. E. Nagel, 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 269 October 26, 1976 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Sam Gillespie, C. N. LeBlanc, R. A. Nugent, R. D. Sawyer, and H. E. Nagel. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of October 12, 1976 as written. All Voted Aye. A Public Hearing was conducted in accordance with Article XIV of the City Charter to adopt an amendment to Ordinance -AR83 regulating the rates and /or operation of gas utility in Nederland by Southern Union Gas Company and eliminating the flow - through increases. Speaking in favor of the Amendment was Mr. J. E. Brown who was representing the Texas Senior Citizens Association and Concerned Citizens of Southeast Texas. Those opposing were Mr. 0. L. Slaughter of Southern Union Gas Company. A motion was made by Mr. H. E. Nagel and seconded by Mr. Sam Gillespie to adopt the Amendment to Ordinance #283 regulating the rates and /or operation of gas utility in Nederland by Southern Union Gas Company and eliminating the flow - through increases. All Voted Aye. AMENDMENT TO ORDINANCE NO. 283 AN ORDINANCE AMENDING ORDINANCE NO. 283, WHICH FIXES AND REGULATES MAXIMUM RATES TO BE CHARGED FOR RESIDENTIAL AND COMMERCIAL SERVICE OF NATURAL GAS: AMENDMENT ESTABLISHES RATES TO BE HEREINAFTER CHARGED: PROVIDES FOR REPEAL OF PARAGRAPHS ENTITLED "ADJUSTMENTS FOR CHANGES IN COST OF GAS ",AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, on the 26th day of October, 1976, a public hearing was held by the City Council after due and reasonable notice, including Notice by publication in the Midcounty Chronicle Review and by posting written Notice to Southern Union Company by United States Mail, to consider the amendment of the City Gas Rate Ordinance in accordance with such Notice; and, WHEREAS, the City Council has determined that such Ordinance should be amended in order that more effective regulation of rates be achieved to the end that such rates be fair, just and reasonable; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That Ordinance No. 283 is hereby amended to read as follows: "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: 27() Minutes Continued, October 26, 1976 RATE First Next Next Next Next Excess Over Per 1.000 Cu. Ft. Net Gross 1 Mcf per Monthly Billing Period @$3.079 $3.233 3 Mcf per Monthly Billing Period @ 2.241 2.353 21 Mcf per Monthly Billing Period @ 2.186 2.295 25 Mcf per Monthly Billing Period @ 2.046 2.148 100 Mcf per Monthly Billing Period @ 1.839 1.931 150 Mcf per Monthly Billing Period @ 1.621 1.702 Minimum Bill - $2.15 Net or $2.25 Gross per monthly billing period. The foregoing shall be the maximum rates to be charged for residential and com- mercial service of natural gas after the effective date hereof. 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 rage shall apply; otherwise, the gross rate shall apply. 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 ir.Lcrease 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 juris- diction 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 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 basis 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. Southern Union Company shall report to the City in writing any reduction of its cost of gas purchased, within thirty (30) days of any such reduction. Section 3. All Ordinances or parts of Ordinances and amendments which are in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 4. The ates 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 approxi- mately one (1) month, and the germ "month" means a period of approximately thirty (30) days intervening between two consecutive meter reading dates; provided, if service is voluntarily discontinued by the consumer or is disconnected for nonpayment of bills between meter reading dates, then the term "month" shall mean the period fl 1 1 2s1 Minutes Continued, October 26, 1976 between the last meter reading date in a 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 Section 7. This being an Ordinance not requiring a penalty, it shall take effect from and after it passage. Section 8. If any section, subsection, sentence, clause, or phrase of this Ordinance should for any reason be held invalid, such invalidity shall in nowise effect the remaining portions of this Ordinance." READ, ADOPTED and APPROVED this 26th day of October, 1976 at a Regular Meeting of the City Council of the City of Nederland, Texas. HOMER E. NAGEL Homer E. Nagel, Mayor ATTEST: SUE HARRIS Acting City Secretary Mr. Nugent left the meeting at 8:00 P. M. A public hearing was conducted to determine matters relating to 27th Street Economic Development Act applications for improvements including the limits, appurtenances, environmental considerations, and other particulars; total cost of the project being $1,593,400.00. No negative opinions were made known as to the environmental impact of the project. A letter was read from Mr. Gary Craig of 2703 Avenue M in Nederland speaking of the traffic situation on 27th Street. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the 27th Street paving project as presented by Mr. D. C. Perrell, Engineer. All Voted Aye. Bids were discussed for the purchase of one accounting machine as received during the meeting of October 12, 1976. Mr. Charles Hawkins of NCR Co. discussed the advantages of the NCR machine as did Mr. Pete Laner of Burroughs Co.. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to refer the bids to the City Manager and his staff for recommendations at a later date. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Gillespie authorizing loss of income reimbursement to Councilman Cropo LeBlanc to attend the Council of Government statewide meeting in E1 Paso, Texas December 4 -6, 1976. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to appoint additional ' members to the Heritage Festival Committee as follows: Mrs. T. J. Fleniken, Mr. Randy Marrs, Mr. Frank Dombrosky, and Mr. Jim McDaniel. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize prepar- ation of engineering plans as necessary by Charles R. Haile and Associates, Inc. and preparation of applications to construct water lines and appurtenances in 272 Minutes Continued, October 26, 1976 accordance with master plan at several locations: estimated cost to be $714,700.00; set Public Hearing for 6:30 P. M. November 9, 1976 to dE:termine that the proposed project , will cause "no significant impact on the environment: ". All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize the advertise- ment for bids to be opened at 6:3C P. M. December 14, 1976 for Police Station Annex and appurtenances. All Voted Aye. Mr. Sawyer left the meeting at 9:05 P. M. Discussion Items Were As Follows: 1. Letter and check from Mrs. Jo Evelyn Phillips donating money for tree in Doornbos Park, on behalf of her sorority Alpha Delta Kappa. 2. Charles Beard at 301 Avenue M. 3. Bad holes in street at 12th & Franklin, also on Helena. 4. TML meeting in Dallas November 14, 15, 16, 1976. 5. Mid County Municipal League Dinner with N.I.S.D. Board December 2, 1976 and December 9, 1976; Joint Dinner. 6. Street Program. 7. Fire at Dr. Richardson's home. 8. Re- evaluation program delay until State Legislature actions can be better determined. The meeting adjourned at 9:20 P. M. ATTEST: Sue Harris, Acting City Secretary City of Nederland, Texas 1 14. E. Nagel, 'Mayor City of Nederland, Texas 11 .3 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 9, 1976 The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam Gillespie. Mr. R. D. Sawyer was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of October 26 as written. All Voted Aye. Mayor Nagel welcomed students representing ,youth in Government" and read a proclamation designating November 9 as t+youth in Governmental day. Twenty -six students were sponsored by the Evening Optimist Club for a tour of the city earlier in the day. Sealed bids were received, opened and read for purchase of two police cars, one garbage truck and refuse packer, one 2 ton trash truck chassis, one tractor and mower and uniforms for city employees. Bidders were: Chevy Land, American Environmental Systems Southwest, Beaumont Sales and Service, Mingle Motor Co., International Harvester, philpott Ford; Oil City Tractors, Davis Truck and Equipment, Michel Machinery Corp., ginsel Ford, R. A. Robins, Tyler Uniform Co., Industrial Towel and Uniform, Gordon Chevrolet, Crocker Motors, pak -Mor, and a No Bid from Gravely Tractor Sales. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to refer 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 table public Hearing on Water Distribution System Improvement Grant request until November 23, 1976. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of Estimate No. 3 to C and C Construction Company for construction of waste water lines and appurtenances within Clayton Addition in the amount of $151900. All Voted Aye. Residents of the 2600 Block of Avenue G were present to discuss dust problem caused by new road construction. Mr. Nugent left the meeting at 7:40 P. M. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve purchase of L6400 Burroughs accounting machine from bids received during the meeting of October 12 on recommendation of the City Manager. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize attendance and expenses of Mayor, Councilmen and City Manager for Annual Texas Municipal League Conference in Dallas November 13 -17. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize advertisement for bids to be received December 14, 1976, 6 :30 P. M. for cutting and cleaning 18 lots in accordance with Ordinance 78. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize attendance and expenses of Assistant Fire Marshal Mark Cheney to advanced instructors certification course, Lamar University, November 29 - December 3, 1976. All Voted Aye. 274 Minutes Continued, November 9, 1976 A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize payment to Steele Construction Company from Developer's Escrow Account Estimate No. 1) for water and sewer lines in Allan Meadow, Section One, Subdivision in the amount of $53,687.05 with $2,400.50 as city's portion for 10f, water line instead of 81, within subdivision. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve reducing the Environmental protection Agency Grant for waste water treatment works construction c- 480630 -01 -1 from $387,580.00 to $379,562.00, a decrease of $8,018.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to appoint additional members to the geritage Festival Committee as follows; Doug Halfin, Suzanne DuBose, Linda Silk - wood, Steve Delage, and Gary porter. All Voted Aye. A-motioh'was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve payment of bills "for the month of October in the amount of $19,460.79 by General Fund Checks No. 6794 -6851 and %4,119.63 by Water Fund Checks No. 2144 -2176, a total of $33,580.42. All Voted Aye. A motion was made by Mr: Nagel and seconded by Mr. Gillespie that the city pay the electrical bill and offer up to $500.00 on erection and removal of Christmas lights in'cooperation with Nederland Chamber of Commerce management. All Voted Aye. Discussion items were as follows; 1. Luling Avenue residents requesting fence behind gent Apartments because of garbage. 2.-Requests for on premises alcoholic beverage permits to be presented next meeting. 3. Increase in hospitalization insurance rates. 4. Advertisement for depository of city funds. The meeting was adjourned at 8;45 p. m. U..4 H• E. Nagel, Mayor City of Nederland, Texas ATTEST Alta Fletcher, City Secretary City of Nederland, Texas 1 275 REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 23, 1976 The meeting was called to order at 6;30 P. M. by Mayor H. E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. R. D. Sawyer, Mr. H. 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 meeting of November 9 as written. All Voted Aye. A public Hearing was conducted for the purpose of describing and evaluating an appli- cation for Water Distribution System Improvement Grant request from Economic Development Administration under the "Local public Works Capital Development and Investment Act of 1976,+' project Number Tg- 0027 -0. Mr. Dave perrell of Chas. R. Haile Associates, Engi- neering Firm, presented description of the application. No other comments were made. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve the application for Water Distribution System Improvement Grant request from Economic Development Ad- ministration under the "Local public Works Capital Development and Investment Act of 1976,+1 project Number Tg- 0027 -0. All voted Aye. Applications were submitted for permits under Ordinance No. 70 for on premises consumption of alcoholic beverages from; Branding Iron Restaurant, pizza Inn of Nederland, Inc., Airport Towers Restaurant, Irene's Lounge, American Legion post 493, Drake's No. 2, The Schooner Restaurant, Nederland Club, and Ken's pizza parlors, Inc. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to accept nine appli- cations as submitted for permits under Ordinance No. 70 for on premises consumption of alcoholic beverages and to accept a $500.00 cash performance bond from Ken's pizza Parlor, Inc. for on premises license to be issued if building is completed in accordance with plans and specifications on or before June 1, 1977. All voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize the City Manager and City Attorney to meet with other cities concerning request for increase in gas rates by Southern Union Gas Company in accordance with their letter dated November 16, 1976, and to make their recommendation to the Council. All Voted Aye. Several residents of the 2600 Block Avenue G were present to discuss matters relating to street reconstruction, dust, etc. They presented a petition bearing 73 names. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to refer the Avenue G street reconstruction to the City Manager and his staff for study and recommendation at a later date. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize purchase of two police cars from Crocker Motor Company, $9,500.00; one garbage truck and refuse packer from pakmor, $10,028.70 and philpott, $13,903.92; one 2 ton trash truck chassis from Beaumont Motors, $6,662.77; one tractor and mower from Oil City (Ford), $5,644.00; and uniforms for city employees from Tyler Uniform, $1,626.15. All voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize advertisement for bids for Depository for Funds of City of Nederland in accordance with State Statutes, 6;30 P. M., December 14, for two year period beginning January 1, 1977 and ending December 31, 1978. All Voted Aye. 276 November 23, 1976 appoint A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to /Mr. R. A. Nugent to the Board of Directors of Mid - County Municipal League for the year 1977. All voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to appoint Mr. Nagel and Mr. LeBlanc as Representatives and Mr. Gillespie and Mr. Sawyer as Alternates to South East Texas Regional planning Commission in accordance with By -Laws. All voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize Chas. R. Haile Associates to proceed with engineering of work under Second year Community Development Block Grant program - Water System, Streets, Drainage, and Storm Sewers within and serving Clayton Addition if no adverse statements are made. All voted Aye. Discussion items were as follows: 1. Letter of appreciation from Chamber of Commerce for Christmas lighting assistance. 2.. Drainage problem on S -23rd Street at Avenues C,_ D and E. 3• Southwestern Bell project on 27th Street is leaving ditch in unsatisfactory condition. 4. Warning for no turn lane should_be_ painted on Nederland Avenue and 27th Street intersection. 5• Drainage problem on 17th Street. 6. Cost of $487.00 for additional switch for light timing at tennis court. 7. proposal to place Christmas lights on water tower. 8. purchase of trees for park. 9• Dinner invitation from Nederland State Bank. 10. Smoke testing in the sewer system. 11. Appointment of Equalization Board members. 12. Cost of infiltration study participation outside city limits. 13. police station bids to be received December 14. 14. piling of Third year program January 17. 15. painting of S -5th Street water tower legs. 16. Names of persons submitted by the Nominating Committee of the Texas Association of Regional Councils. The meeting was adjourned at 9:15 P. M. H. E. Ndgel, Mayor City of Nederland, Texas ATTEST: a &'2e�� Alta Fletcher, City Secretary City of Nederland, Texas 27 SPECIAL MEETING OF THE CITY COUNCIL OF THE ` CITY OF NEDERLAND December 7, 1976 The meeting was-called to order -at 6 :30 P. M. by Mayor H. 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 (attending Regional planning Commission meeting in El paso`.) A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve permits for con- sumption of alcoholic beverages on premises in accordance with Ordinance No. 70 to the following establishments: Branding Iron Restaurant, pizza Inn of Nederland, Inc., Airport Towers Restaurant, Irene''s Lounge, American Legion Post 493, Drake's No. 2, The Schooner Restaurant, Nederland Club, and Ken's pizza parlors, Inc. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of November 23, 1976, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the following Resolution. All Voted Aye. RESOLUTION WHEREAS, Southern Union Gas Company has filed with the City Council of the City of Nederland its Statement of Intent to increase its rates for natural gas utility service in the City of`Nederland, effective December 22, 1976; and WHEREAS, the City Council has determined that a public hearing should be held by the Council to determine the propriety of such change; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: — That a public hearing by the City Council of the City of Nederland shall be held on Tuesday, December 14, 1976, at 6;30 o'clock p.m., in the Nederland City Council Chambers in the Nederland Municipal Building on Boston Avenue in the City of Nederland for the purpose of considering the Statement of Intent of Southern Union Gas Company, pursuant to the provisions of V.A.C•S• Art 1446(c), Section 43, to increase its rates for natural gas utility service in the City of Nederland, effective December 22, 1976. SECTION 2: — That the City Clerk shall immediately notify Southern Union Gas Company in writing of this hearing and shall also give reasonable notice to the public of this hearing by causing notice of this hearing to be published in one issue of The News, a newspaper of general circulation in the City of Nederland. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland held on December 7, 1976. ROMER NAGEL Homer Nagel, Mayor ATTEST: The foregoing resolution, including all the ALTA FLETCHER provisions thereof, is hereby approved as to form and legality. City Secretary W. EVERETT SANDERSON W. Everett Sanderson, City Attorney 278 Minutes Continued, December 7, 1976 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to postpone bid opening for police Station/Courtroom Annex from 6 :30 P. M., December 14, 1976 to 6 :30 P. M., January 25, 1977. All Voted Aye. I A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment to Moore, Stansbury and Vaught in the amount of $18,989.85 total to 75% complete) for design of police Station/Courtroom Annex. All voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize City Attorney, W. Everett Sanderson, to commence litigation in regard to repair and /or replacement of Wastewater plant blower by port City Construction Co., Inc., of Lake Charles, La., and others. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize extension of the Workmanl:s Compensation Insurance Coverage with Texas Municipal League to June 30, 1978. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to award quotation pro- viding labor and equipment to paint the legs and riser on the S -5th Street water tower to Smith Clearing Service in the amount of $2,999.60 with understanding that work is to be completed within 90 days. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve final payment to Hubbard Electric Co. for the park lighting and tennis court lighting in the amount of $5,660.00; and final payment to Robert Caldwell Associates, Architects, in the a- mount of $721.60. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize attendance and expenses of James Byers, plumbing Inspector, to Texas A & M Traffic Engineering School, December 6--11. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment of bills for month of October in the amount of $30,823.24 by General Fund Checks No. 6888 -6943, and $28,993.66 by Water Fund Checks No. 2190 -2222, a total of $599816.90. All voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the Amendment to Ordinance No. 164 scheduling Regular Meetings of the City Council from December 28, 1976 to April 5, 1977. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR, DATES FOR COUNCIL MEETING TO BE HELD FROM DECEMBER 28, 1976 THROUGH APRIL 5, 1977• 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: January 11 and 25; February 8 and 22; March 8 and 22; and April 5. 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 7th day of December, 1976. ATTEST: ALTA FLETCHER H. E. NAGEL City Secretary Mayor 2i3 Minutes Continued, December 7, 1976 A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize bids to be re- ceived January 25, 1977, 6 :30 P. M., for hot mix overlay on streets as designated in the 1976 Street Maintenance Rebuilding program with exception of alleys and dead -end streets.) All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize an increase in major medical premiums to Business Men's Assurance Co. for employees /spouses /children coverage and to authorize the City Manager to make a study to determine if budgeted funds are available for the city to pay the increase. All Voted Aye. Discussion items were as follows: 1. Drainage easement closed, Johnny Greig, 3008 Avenue L. 2. Library report - Reimbursement for librarian's completed course. 3• Mid - County Garbage Income Report. 4. Southern Union Gas Co. requesting that Railroad Commission supercede and reinstate ordinance. 5. Third year Block Grant. 6. Infiltration study participation by those outside city limits. 7. Mid - County Municipal League meeting, 12/9/76, 6 :30 P. M., The Schooner. 8. Mr. Joe Cureton as a replacement for Mr. E. W. Timmons, Jr. on Zoning Board of Appeals. 9. Request for rezoning of two tracts of land, Guidry's Trailer park and physician's Clinic. The meeting was adjourned at 8 :15 P. M. 1 ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 H. E. Nagel, Mayo City of Nederland, Texas 280 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 14, 1976 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 meeting of December 7, 1976 as written. All Voted Aye. A Public Hearing was conducted for the purpose of considering the application and state- ment of intent of Southern Union Gas Company to increase its rates for natural gas utility service; Several citizens were present and asked questions concerning the above. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt Ordinance #296 as written. All Voted Aye. ORDINANCE NO. 296 AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE. BY SOUTHERN UNION GAS COMPANY OF ITS RATES FOR NATURAL GAS UTILITY SERVICE IN THE CITY OF NEDERLAND: PROVIDING THE REASONS THEREFOR: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 14th day of December, 1976, a Public Hearing was held by the City Council of the City of Nederland, after due and reasonable notice, including notice to the public by publication in The News, a newspaper of general circulation in the City of Nederland, and by given written notice to Southern Union Gas Company, to consider the propriety of Southern Union Gas Company's Statement of Intent to increase its rates for natural gas utility service; WHEREAS, the City Council has determined that Southern Union Gas Company's Statement of Intent to increase its rates for natural gas utility service in the City, effective December 22, 1976, should be suspended to a future date, not to exceed 120 days, for the following reasons: (1) The City Council has not had sufficient time to analyze and study the pro- posed increase. (2) That in order to reach a determination of the justness, reasonableness, and propriety of such rate increase, it will be necessary to employ rate experts to investigate and analyze such proposed rates; now, therefore, BE IT ORDAINED BY THE CITY OF NEDERLAND: SECTION 1: - That the proposed increase by Southern Union Gas Company of its rates for natural gas utility service in the City, effective December 22, 1976, be, and is hereby, suspended, for a period of 120 days from the date of this Ordinance. SECTION 2: - That the City, in conjunction with other area cities affected by the pro- posed rate increase, employ rate experts to make a study and analysis of the proposal Minutes Continued, December 14, 1976 2 ,,) 1. To secure all deposits by F. D. I. C. Insurance which includes $40,000.00 on the General Fund, $40,000.00 on the Interest and Sinking Fund and $100,000.00 additional on Time Deposits. The balance of your deposits would be secured by pledges of U. S. Treasury Securities and Municipal Bonds that meet your approval. 2. To purchase U. S. Treasury Bills or issue Certificates of Deposits at rates equal to �% above the Treasury Bill rate on Certificates of $100,000.00 or more and at maximum rates on those less $100,000.00. 3. To furnish all checks and deposits necessary to carry on the City's business and to maintain all checking accounts without charge. 4. To provide short term loans at one -half the prevailing prime rate at that time and on loans for more than one year at rates equal to the prevailing bond rates at that time. 5. To provide free safe deposit box service. 6. To provide any financial advice if and when needed and to make necessary transfers to pay bonds when needed. 7. To offer you any new services if and when they become available. We propose to provide you with the very best service that you can receive and we at Nederland Bank consider it a real privilege to serve you. Sincerely, R. B. Gray President Discussion Items Were As Follows: 1. Report from Mr. LeBlanc on trip to E1 Paso, Regional Planning Committee meeting. 2. Increase study, hospitalization Insurance. The meeting was adjourned at 7:30 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 AV ZZ�a H. E. Nagel, Milfor City of Nederland, Texas 284 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 28, 1976 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, and Mr. Sam Gillespie. Members absent were Mr. R. D. Sawyer and Mr. R. A. Nugent. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the Minutes of December 14, 1976 as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table any further action until the meeting of January 25, 1977 on accepting payments from, or assessment of, the four wastewater entities contracting for transport and treatment of sewer wastes - for "pro rata" share of the infiltration /inflow analysis study being prepared in participation with the Environmental Protection Agency: (1) Armstrong Crestview (A. E. Brammer) $ 178.37 (2) 30th Street Armstrong (Jack C. Weeren) $ 174.81 (3) 32nd Street Ridgecrest (B. E. Maltba) $ 346.05 (4) Jay Garth Mobile Home Park $ 1,300.00 All Voted Aye. Mr. Browning, of the firm of Neushaffer and Browning, Certified Public Accountants, Beaumont, presented the Annual Audit Report for the October 1, 1975 through September 30, 1976, Fiscal Year. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to accept the Audit Report; to authorize payment of fees in the amount of $2,750.00 for regular audit and $225.00 for Revenue Sharing; and to authorize publication of summary of municipally owned util- ities operation in accordance with Section 15.03 of the City Charter. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to accept the recommen- dations of the Planning and Zoning Commission pertaining to the following, and to schedule a Public Hearing for January 25, 1977 for re- zoning of Franklin Avenue properties. 1. Extension of Hillcrest Mobile Home Park, 2803 Avenue "H ", by 100' x 200'; 2. Re -zone from Residential to Semi - Residential and Parking District of a 140' x 150' site, corner of 14th Street and Franklin Avenue, one -half of Lot 5, all of Lot 6, F. M. Hammon Addition. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve final payment and final approval, Estimate Number 4, to C & C Construction Company for wastewater lines and appurtenances serving Clayton Addition and Nederland High School, Community Development Project No. B- 75 -DS -48 -0011, in the amount of $9,936.47. All Voted Aye. 1 1 281 Minutes Continued, December 14, 1976 by Southern Union Gas Company to increase its rates, who shall report to the City Council their findings and conclusion concerning a rate increase to aid and assist the City Council in determining the propriety of a rate increase. SECTION 3: - This Ordinance shall be in effect from and after its passage. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Nederland, held on the 14th day of December, 1976. HOMER E. NAGEL Homer Nagel, Mayor ATTEST: ALTA FLETCHER City Secretary The foregoing Ordinance, including all the provisions thereof, is hereby approved as to form and legality. W. E. SANDERSON W. E. Sanderson, City Attorney Sealed bids were received, opened, and read for mowing and cleaning of lots or tracts in accordance with Ordinance No. 78 as designated on following Resolution: 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 15 Blk 7 Johnson Lot 1 Blk 3 Staffen Lot 24 Blk 1 Burson Lots 5 & 6 Blk 33 Wagner Lot 16 Blk 35 Wagner Lots 22 & 23 Blk 7 Airport Lot 24 Blk 7 Airport Lot 25 Blk 7 Airport Lot 26 Blk 7 Airport has not complied with Ordinance 78: Lot 13 Blk 14 Hillcrest -1 Lot 19 Tr 11 -14 Blk 7 Hillcrest -2 Sec. 15 Tr 8 T & NO Lot 16 Blue Bonnett Lot 6 Blk 17 Tr 4 Rg I Palco Lots 9 & 10 Blk 9 Koelemay Lot Pt of i Blk 16 Rg F Tr 24 Palco Lots 22 & 23 Blk 8 Airport Lot 2 Blk 2 Wagner I 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; 282 Minutes Continued, December 14, 1976 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 $61.00 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 14 day of December, 1976. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVES AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the low bid for the mowing and cleaning of lots from Cureton & Son in the amount of $61.00 as stated in the above Resolution; work to-be completed in a maximum of 90 days. All Voted Aye. No action was taken on the return of any bids received for construction of police station/ courtroom to respective bidders with instructions to re- submit by 6:30 P. M., January 25, 1977. A sealed bid was received, opened, and read from Nederland State Bank for serving as depository for funds of City of Nederland from January 1, 1977 through December 31, 1978. A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to accept the bid from Neder- land State Bank to serve as depository for funds of City of Nederland. All Voted Aye. Mayor Homer E. Nagel and City Councilmen City of Nederland, Texas 1400 Boston Avenue Nederland, Texas 77627 Gentlemen: We hereby place our bid as Depository for funds of the City of Nederland, Texas for the two year period beginning January 1, 1977, and ending December 31, 1978. As Depository for the City of Nederland we would offer you the following: Minutes Continued December 28, 1976 285 A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to set Public Hearings for 6:30 P. M. January 11, and 6:30 P. M. January 25 (jointly with Citizen's Advisory Committee) for the purpose of determining propositions to be included in Nederland's Third Year Application for Discretionary Funds under Community Development Block Grant Program, and approval of application therefor. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on endorsing the employment of Touche -Ross Accountants at the expense of Southern Union Gas Company, to prepare an analysis /recommendation of a rate increase request of natural gas rates/ services provided within Nederland until such time as the City Attorney has met with other cities and reports his recommendations. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mr. Joe Cureton to serve on the Zoning Board of Appeals until June 1, 1978; replacing Mr. E. W. Timmons. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to revise upward the wages / salaries of all full time and retainer employees by $12.00 per month, effective December 1, 1976. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to appoint new members of the Heritage Festival Committee as follows: Mr. Larry Toth, Mrs. H. D. (Helen) Bodemuller, and Mr. and Mrs. J. H. (Buddy) Armstrong. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize the attendance and expenses of Mr. A. A. Salter, Water and Wastewater Superintendent, to Texas A & M Seminar on "Safe Drinking Water Act" and Environmental Protection Agency standards and regulations, January 25 -27. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to employ six employees through the Southeast Texas Regional Planning Commission Federal Comprehensive Employment and Training Act. All Voted Aye. Discusstion Items Were As Follows: 1. Turned down on all three requests for grants. 2. Wrecks at South 13th St. and Avenue L. 3. Water break behind St. Charles Church. 4. Leak on Atlanta Avenue. 5. Reception in Austin for Senator Carl Parker on 1/10/77 to be attended by Councilman LeBlanc. 6. Mini -bikes between Avenue H and Nederland Avenue, G. S. Row. 7. S.E.T.R.P.C. meeting to be held on Wednesday, January 19, 1977. The Meeting was adjourned at 8 :40 P. M. 52-1i H. E. Nagel, M or City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 236 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 11, 1977 1 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. Members absent were Mr. R. D. Sawyer and Mr. H. E. Nagel. Mr. Frank Griffin was present with several members of Den 5 Cub Scouts. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve Minutes of the meeting of December 28, 1976 as written. All Voted Aye. A public Hearing was conducted, the purpose of which, was to determine which activities would be included in a preapplication for third -year funding for a Community Development Block Grant from the Department of Housing and Urban Development. The Nederland Citizens Advisory Committee met in joint session with the Nederland City Council, and Mr. David Borengasser of Chas. R. Haile Associates, Engineering Firm, presented facts concerning preapplication which were tape recorded, transcribed and filed separately. The Public Hearing was completed at 7:15 P. M. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to tentatively approve the following as the list of recommended projects for 1977 Third year Community Development Block Grant Application. 1. Water Taps - 32 @ $180.00 $ 5,760.00 2. Demolish Dilapidated Structures A. 64 + 21 (85) ® $250.00 21,250.00 B. Imhoff Tank 15,000.00 3. Site Clearance 85 @ $200.00 17,000.00 4. Storm Drainage Facilities, 21st Street, Avenue D to Avenue F (without material) 24,000.00 5. Storm Drainage Facilities, 21st Street, Avenue D to Avenue B 40,000.00 6. Storm Drainage Facilities, 23rd Street, Main C -12 to Avenue E 30,600.00 7. purchase 6 lots and improvements adjacent to City Hall 77,000.00 8. purchase site for 500,000 Gallon Elevated Water Storage (23rd & Avenue H) 20,000.00 9• Sanitary Sewers, Canal Avenue to LNVA Canal, Hwy. 69 to 27th Street 250,000.00 $ 500, 0. O All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to table approval of plans for water, storm drainage and street improvements in Clayton Addition. All Voted Aye. Minutes Continued, January 11, 1977 A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve an Election Order calling an election for April 2, 1977, for the purpose of electing two Councilmen, one for Ward One and one for Ward Three. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table appointment of Board of Equalization until a later date. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to renew our membership in the 1977 American Association of Small Cities at a cost of $300.00. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve final estimate to Steele Construction Company from Developer's Escrow Account, for water and sewer facilities in Allan Meadow Subdivision, and final payment in the amount of $5,965.23• All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to accept revised plans and specifications for police Station /Courtroom Annex and receive bids January 25, 1977, 6 :30 P. M., as scheduled. All Voted Aye. A motion was made by Mr,. Gillespie and seconded by Mr. LeBlanc to authorize bids to be received 6 :30 P. M. on February 8, 1977, for mowing and cleaning of lots in accordance with - Ordinance No. 78 and letter submitted. All Voted Aye. An Executive Session was conducted with the City Attorney regarding pending litigation. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize preparation of study by Touche Boss Accountants of the rate increase request of Southern Union Gas Company, $40,000 to $45,000; and second, analysis of the suppliers of gas to Southern Union Gas Company for a fee not to exceed $5,000. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of monthly bills for month of December, 1976, in the amount of $18,005.77 by General Fund Checks No. 6987 -7038 and $21,082.26 by Water Fund Checks No. 2233 -2257, a total of $39,088.03• All Voted Aye. Discussion items were as follows: I. Estimate for Landfill dozer repair. 2. Result of Gulf States Utility study in Helena park Addition. 3• Temporary patching on KCS crossings at Roston and Helena. 4. Renewal of Lease Agreement for RSVP program. 5• Checks received for study on sewer lines located outside city. 6. Specification on street job, 2,500 tons hot mix pavement, bid date, 1/25/77. 7. Request-for variance pertaining to turn -a- rounds in Allan Meadow Subdivision._ 8. Change Helena-Terrace water and sewer payback to three people. 9. Presbyterian Church lease expiring for park. 10. Railroad Commission Hearing, Thursday, 9:00 A. M. The meeting was adjourned at 9:30 P. M• ATTEST:��J, //JJ & " " Alta Fletcher, City Secretary " R'• A• Nugent, yor proem. City of Nederland,'Texas City of Nederland, Texas 288 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 25, 1977 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 meeting of January 11,_ 1977_as written,. All Voted Aye. Sealed bids were received, opened, and read for Police Station /Courtroom Annex. Bid- ders were; Galaxy Building Corp., H. W. Campbell, port City Construction Co., Bella Co., Mar -Len, Inc.,.Winter King and Son, R. H. McCauley,_Ritter Lumber Co., and Gold star Builders. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids to the City Manager and City Architect for consideration and recommendation. All Voted Aye. Sealed bids were received, opened, and read for materials and labor- equipment for street asphaltic overlay project. Bidders were; Mason Equipment, Inc., White's Mines, A. F. Jones and Son, Trotti and Thompson, Davidson Construction Materials, Hicks Construction, Gatlin Asphalt, Russ Miller Construction Co., and Keown Supply. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids to the City Manager and City Engineer for tabulation and recommendation. All Voted Aye. A Public Hearing was conducted, the purpose of which, was to determine projects to be included in application for third year Community Development Block Grant Fluids through Department of Housing and Urban Development. The Nederland Citizens,Advisory Committee met in joint session with the Nederland City Council. The Hearing was tape recorded, transcribed, and filed separately. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to tentatively approve the following as the list of recommended projects for 1977 Third year Community Development Block Grant Application; TENTATIVE LIST OF RECOMMENDED PROJECTS (1977 - 3rd YEAR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION) 1. Water Taps - 32 @ $180.00 $ 5,760.00 2. Demolish Dilapidated Structures A. 64 + 21 (85) @ $250.00 21,250.00 B. Imhoff Tank 15,000.00 3• Site Clearance 85 @ $200.00 27,000.00 4. Storm Drainage Facilities 21st Street, Avenue D to Avenue F (without material) 24,000.00 5. Storm Drainage Facilities - 21st Street, Avenue D to Avenue B 40,000.00 6. Storm Drainage Facilities - 23rd Street, Main C -12 to Avenue E 30,600.00 7. purchase 6 lots and improvements adjacent to City Hall 76,390.00 8. purchase site for 500,000 Gallon Elevated Water Storage (23rd & H) 20,000.00 TOTAL $2509 0.00 A� Minutes Continued, January 25, 1977 ' A public Hearing was conducted to consider the adoption of an Amendment to Ordinance No. 146 rezoning from Residential to Semi — Residential and parking District of a 140' x 150' site, corner of 14th Street and Franklin Avenue, one —half of Lot 5, all of Lot 6, F. M. gammon Addition, as recommended by the planning Commission. No opposition was made known. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Amendment to Ordinance No. 146 rezoning from Residential to Semi — Residential and parking District of a 140' x 150'- site, corner of 14th Street and Franklin Avenue, one —half of Lot 5, all of Lot 6, F. M. gammon Addition, as recommended by the planning Commission. All voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING- CHANGES IN ZONING DESIGNATION, PROVIDING ZONING MAP DESIGNATIONS, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SECTION 2 GENERAL: There shall be a change from Residential to Semi — Residential and parking 1 District of that property described as: The South One —half of Lot 5 and all of Lot 6; Block 10, of F. M. Hammon Addition. a parcel of land at the corner of 14th Street and Franklin Avenue. SECTION 17 WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication as required by law. PASSED, ADOPTED AND APPROVED this 25th -day of January, 1977. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland APPROVED AS TO FORM AND LEGALITY: ' W. E. SANDERSON City Attorney, City of Nederland 90 Minutes Continued, January 25, 1977 A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize acceptance of payments from the four (4) outside city sewer systems for pro -rata participation in the infiltration - inflow, analysis of the waste water system. All Voted Aye., A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize an increase from 15 to 16 customers to be permitted on the Armstrong Estate- Crestview Addition Sewer Association line. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to accept an assignment of developer re- payments pursuant to Ordinance No. 121 Amended for the water and sewer lines within Helena Terrace. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize a variance from the required street plans for Allan Meadow Addition, section 1, to permit the developer to place in escrow $6,300.00 (estimated cost) of turn -a- rounds instead of constructing temporary asphalt turn -a- rounds at dead -ends of streets subject to the dedication of Allan Meadow, Section 2, within 9 months; and return from Escrow Account to Developer the amount of $4,906.91. All voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing appointment to the Heritage Festival Committee of the following; Mrs. Charles (Betty) porter, Mrs. Walter (sandi) Boyd, Mrs. L. C. Jan) Schneider, Jr., Mrs. gam (Rita) Bass, Jim Wooten, Joe Willey and Aubrey Dixon. All Voted Aye. A motion was made by-Mr.- LeBlanc and seconded by Mr. Nugent authorizing the appointment of Messrs. M.L.C. Lucke, Charles Langford, and Melvin Spittler to the Equalization Board with Mr. Spittler to serve as Chairman in accordance with Article 8 of the City Charter. All Voted Aye. _ A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve plans and specifi- cations for Clayton Addition water lines, storm sewers and paving under CDBG second year program and advertisement for bids to be received February 229 1977 by 6;30 P. M. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize attendance, ex- penses and loss of wages of City officials to Railroad Commission Hearing (Austin) January - l3,- _1977; Civil Defense Meeting (Austin) February 15 -17, 1977. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize low flight of aircraft over designated area,in accordance, with submitted map, by airplanes of Jef- ferson County Mosquito Control District. All Voted Aye. Discussion items were as follows; 1. Updated list of various department heads and their telephone numbers. 2. Sewer problem of Mr. Bill Hicks between 23rd and 25th Streets. 3. Broken park benches. 4. Hand delivery of Civil Defense Conference letter to area plants. 5• scheduling of appointment with Texas Safety Association. 6. Drainage problem at 14th and Franklin. 7. Mrs. Dorothy Edwards volunteering to assist at library. 8. Cleanup of parking lot behind City Hall. 9• Expiration of lease agreement with Presbyterian Church. 291 Minutes Continued, January 25, 1977 The meeting was adjourned at 8 :25 P. M. ATTEST : Y' 2 &2zz/ Z Alt etcher, City secretary City of Nederland, Texas 1 0 H. E• Nage a MaY r City of Nederland, Texas 10. Agreement for ad sponsored by the City of Nederland saluting Chamber of Commerce. 11. 12. obtaining air - conditioner, Vandalism in Helena Park. flood lights, and bathroom at French House. 13. Report from Gulf states on Helena park. 14. King Community Cable TV in songwood and Allan Meadow. 15. Hazardous pipe in ditch at 2700 Avenue ITHII; Mr. Guidry, estimate for next meeting. The meeting was adjourned at 8 :25 P. M. ATTEST : Y' 2 &2zz/ Z Alt etcher, City secretary City of Nederland, Texas 1 0 H. E• Nage a MaY r City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS February 8, 1977 , 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. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve Minutes of the meeting of January 25, 1977 as written. All Voted Aye. Only one bid was received for mowing and cleaning of several lots and tracts in ac- cordance with Ordinance No. 78. The bid was from Cureton and Son and -in the-amount of $100.00. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to award bid to Cureton and Son on basis of bid submitted for mowing and cleaning of several lots and tracts in accordance with Ordinance No. 78. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to table action pertaining to award of police Station/Courtroom bid as received January 25, 1977. All toted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to award bid for street overlay project, Job 376 -40p, as follows; Materials to geown Supply for Alternate Hotmix Cold Laid Type D, @ $12.75/Ton and Labor and Equipment to Gatlin Asphalt Co., Beaumont, for 30 working days. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve the list of re- quests for various propositions regarding this years Heritage Festival, March 16 -20, as presented by Mr. Bobby Davis, Chairman of the Committee. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to appoint Mrs. Tom (Liz) Hanna to the Festival Committee. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel.-to approve preliminary appli- cation for Third year Funding of Community Development Block Grant program. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payment of bills for the month of January, 1977, in the amount of $15,866.38 by General Fund Checks No. 7107 -7172 and $28,638.08 by Heater Fund Checks No. 2264 -2293, a total of $44,504.46. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve a listing of actions required for street and drainage improvements to Clayton Addition and adjacent areas with the stipulation ffif funds are available". All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. sawyer to approve participation with property owner along South side of Avenue ngn in 2700 Block amounting to installation of 50' of 18f} diameter concrete pipe to permit a walkway for Hillcrest School children, $300.00. All toted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize legal fees in the amount of $650.00 for recent Railroad Commission Hearings and Documents. All Voted Aye. 1 1 1 ,2yJ Minutes Continued, February 8, 1977 A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize attendance and expenses of Assistant Fire Marshal Mark Cheney to a course at Texas A & M, March 14 -18, 1977. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc authorizing advertisement of Notices, public Hearings, etc. in accordance with instructions, pertaining to revision of budget to include Revenue Sharing Funds. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize receipt of quo- tations for cleaning approximately 14,000' of sanitary sewer lines in accordance with list submitted. All Voted Aye. Discussion items were as follows: 1. 2. 3• 4. 5• 6. 7• 8. 9• 10. li. 12. 13. 14. 15. 16. Drainage problem on Helena Avenue near Carl Moon's house. Mud and grass over the sidewalk in the 2100 Block of Nederland Avenue. Nederland Avenue right -of -way project. CETA program. Clean up of burn debris at 17th Street residence. New bill in the Legislature. Civil Defense Meeting in Austin, February 15 -17. Safety program Meeting. Right -of -way request to be presented to School Board. Clean -up program. Broken park benches. New employees under program. Request for rezoning, S -33rd Street. Railroad Commission Hearing - recommendation from attornies needed. Mid - County Municipal League meeting next Thursday. Section 8 program. The meeting was adjourned at 8 :15 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas H• E. Nagel, Mayo City of Nederland, Texas ? j -4 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS February 22, 1977 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. R. D. Sawyer was absent. A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve Minutes of the meeting of February 8, 1977 as written. All Voted Aye. Mrs. Betty Funks, Highland Park Elementary School, and fifteen school students were visiting. Sealed bids were received, opened, and read for Second Year Community Development Block Grant Improvements within Clayton Addition: water system, storm sewers and drainage, and paving. Bidders were Trotti and Thomson, J.C.N. Pavers, Inc., Midway Construction Co., Gulf Coast Industrial Contractors, Port City Construction Co., Golden Triangle Constructors, and F. Gatlin Asphalt Company. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to refer the bids to the City Manager and Engineers for tabulation and recommendation. All Voted Aye. A Public Hearing was conducted, the purpose of which was to amend the current budget to provide for Revenue Sharing Income and Expenditures as follows: REVENUE SHARING BUDGET FOR FISCAL YEAR OCTOBER 1, 1976 - SEPTEMBER 30, 1977 Budget Budget Amendment October 1, 1976 through December 31, 1976 January 1, 1977 through September 30, 1977 Revenue $63,971.00 $95,815.00 Expenses $63,971.00* $95,815.00 *Police Cars $ 4,000.00 *Interest & Principal Bonds $60,643.00 Street Lights $27,000.00 Street Lights $159000.00 Electricity Sewer Plant $32,971.00 Electricity Water Plant $20,172.00 TOTAL $63,971.00 TOTAL $95,815.00 No opposition was made known by those present. A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to amend the current budget to provide for Revenue Sharing Income and Expenditures as presented. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on propositions concerning the 1977 Heritage Festival: All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to call a Public Hearing to be held 6:30 P. M. on March 22 to consider an Amendment to Zoning Ordinance No. 146 rezoning property described as a part of Lot 20, Block 1, Hillcrest Second , Acres, as recommended by the Planning Commission. All Voted Aye. 1 295 Minutes Continued, February 22, 1977 A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize an Amend- ment to the Budget to establish a Police Station /Courtroom Account in the amount of $340,000.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid for Police Station /Courtroom to Winter King and Son in the amount of $315,597.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to grant permission to MECO Systems, Inc., (Fred Miller) to install burglar alarm devices in dispatching room at City Hall for units within the city limits or outside of any incorporated city but within Jefferson County for additional charge of $4.00 per month per customer. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to name the property where the Dutch Windmill and French House is located "Tex Ritter Park ". All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize a Water Department employee to attend Wastewater Plant Operator School, and expenses, in Groves, March 1 -3. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to sponsor the April meeting of the Trinity- Neches Sabine Water and Wastewater Association meeting on April 14 at the Schooner Restaurant. All Voted Aye. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to accept the facilities within Allan Meadow Subdivision, Section One. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize amendment to Ordinance No. 107 to provide for stop signs in Allan Meadow Subdivision as paid by developer. 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 parking rules, and required stop signs; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 2 - STOP SIGNS A stop sign shall be erected on the following streets at the avenues indicated. All drivers of vehicles must come to a complete stop at such signs. STOP South 23rd Street at Avenue H STOP Avenue J at South 17th Street 1 STOP South 22nd Street at Avenue H STOP Avenue J at South 21st Street STOP South 21st Street at Avenue H Section 3 - Penalty Any person who violates any provision of this Ordinance or who shall neglect to comply 1296' Minutes Continued, February 22, 1977 with the terms hereof shall be deemed guilty of a misdemeanor, and shall on convic- tion 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 22nd day of February, A. D., 1977. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST ALTA FLETCHER Alta Fletcher, City Secretary APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas There was a presentation of the Annual Police Department Report by Chief of Police, Billy Neal. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize appointment of Mike Bourque and Mrs. Richard Dixon to the Festival Committee. Discussion Items Were As Follows: 1. Street sweeping machine not doing good job. 2. Minutes of Mid - County Municipal League. 3. Creation of jobs. 4. Proposed Library Policy. 5. Letter from County Commissioner concerning street program. 6. Request from Bob Harmon for electricity at ballpark. 7. Delay in Nederland Avenue project. 8. Suggestion from Dr. Ritter to relocate street at 11th & Detroit. 9. Compilation of Section 208 data - Request for release from City for Chas. R. Haile information. 10. $25.00 Per Month to Firemen for painting fire hydrants. The meeting was adjourned at 9:00 P. M. H. E. Nagel, Nyor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 297 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ' March 8, 1977 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. LeBlanc and seconded by Mr. Sawyer to call a Public Hearing for 6:30 P. M., April 5, 1977, to consider and take action on an Amendment to Ordinance No. 146 rezoning from Residential to Semi - Residential and Parking District of the following: A tract of land lying South of the Commercially zoned land on the South side of Avenue "H" bounded on the East by Gulf States Utilities right -of -way, on the South by Allan Meadow, Section I, and on the West by S -21st Street, a parcel of land approximately 100' by 1,181.85', and, instruct City Officials to notify all property owners within 300' in this instance due to prior commitment to such persons. All Voted Aye. The Special Meeting was concluded by 6:35 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 H. E. Nagel, Mayo4 City of Nederland, Texas 298 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS March 8, 1977 ' The meeting was called to order at 6:35 P. M. by Mayor H. E. Nagel. Members present were Mr. C. N. LeBlanc, Mr. R. D. Sawyer, 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 Minutes of the meeting of February 22, 1977, as written. All Voted Aye. Presentation was made of the proposed Amendment to Budget covering Revenue Sharing for the current year. A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to award bid for Second Year Community Development Bloc], Grant Program including installation of concrete curb and gutter, flexible limestone base with two course double inverted penetration asphalt surface, storm sewer and drainage, and water mains and fire hydrants to Golden Triangle Constructors, Inc., Nederland, Texas, for a unit price total bid of $130,879.89. All Voted Aye. Mr. and Mrs. Colby Stock, 312 S- -2� Street, were present to discuss and request regulation of the use of wrist rockets within the city limits. They were informed that the Texas Municipal League would be contacted for a sample ordinance to be considered at a later date. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Cole Cleaning , and Contracting of Beaumont @ $35.00 per hour for cleaning of approximately 14,000' of sanitary sewer lines situated at thirty different locations as the annual such program. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to adopt a library policy as presented covering volunteers, gifts, and a standard application for volunteers. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve payment of bills for the month of February, 1977, in the amount of $16,996.51 by General Fund Checks No. 7226 -7303, $49,927.80 by Water Fund Checks No. 2304 -2337, a total of $66,924.31. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize the City Manager to advertise for fencing around water towers and to receive quotations for certain other improvements as recommended by Texas Department of Health Resources for City of Nederland Water System in compliance with "Safe Drinking Water Act." All Voted Aye. Discussion items were as follows: 1. Railroad crossings in poor state of repair. 2. Mrs. Hilton, accident involving parked car across from Ritter Lumber Co. 3. Mrs. Louviere, vandalism in park on Helena Avenue. 4. Lease agreement with Presbyterian Church for park area. 5. Report from Touche -Ross concerning Southern Union Gas to be presented at meeting scheduled for Monday, 5:00 P.M., Groves City Hall. 6. TML meeting Thursday, March 17, conflicting with festival. 7. Sample bricks for Police Station Annex. Minutes Continued, March 8, 1977 8. Meeting on Fire Drill Field, March 9. 9. List of streets for street program - a need for adding additional streets to present program. 10. Water tower legs being painted. 11. Report from Mr. Borengasser on Infiltration Inflow Analysis. 12. Letter from Pike Powers commending police department. 13. Letter of appreciation from B. A. Ritter. 14. Request for beer license at 32nd Street and Nederland Avenue. 15. James Byers contacted Floyd Fisher about park bench repair program. 16. Tennis Court lights repaired. 17. Occupancy Motel Tax. The meeting was adjourned at 9:25 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 /'V-r /'�� g op H. E. Nagel, MaYVr City of Nederland, Texas U k