Loading...
1981-1984Minutes Continued March 24, 1981 PLACE OF BEGINNING of the herein described tract of land; THENCE, continuing SOUTH 480 47' EAST along the common line between Lots 6 and 7 and the centerline of the existing fifteen foot wide utility easement a distance of 345.00 feet to a point being the centerline of a fifteen foot wide tract of land, 345.00 feet in length and being out of the northeasterly 7.5 feet of Lot 6 and the southwesterly 7.5 feet of Lot 7, Block 15, Range F, Port Arthur Land Company Subdivision; and WHEREAS, it is now advantageous for the City of Nederland and Weingarten, Inc., the owner of said land, that this easement be abandoned; and WHEREAS, in consideration for the City of Nederland abandoning said easement, Weingarten, Inc. has agreed to give to the City of Nederland an easement described as follows, to -wit: EASEMENT NO. I COMMENCING at the northwest corner of Lot 7, Block 15, Range F, Port Arthur Land Company Subdivision, said corner also being the common corner of Lot 6, Block 15, and Lots 2 and 3, Block 16, Range F, Port Arthur Land Company Subdivision and being in the centerline of Nederland Avenue. THENCE SOUTH 480 47' EAST along the common line between Lots 6 and 7, Block 15, Range F, Port Arthur Land Company Subdivision a distance of 165.00 feet to the southwest corner of the Stienhagen Oil Company tract as described in Volume 1417, Page 37 of the Jefferson County Deed Records, and the northwest corner of the Weingarten tract as recorded in Volume 1572, Page 483 of the Jefferson County Deed Records. THENCE continuing SOUTH 48° 47' EAST a distance of 12.5 feet to the PLACE OF BEGINNING and centerline of the herein described 25 foot wide utility easement; THENCE NORTH 41° 13' EAST along the centerline of the easement being 12.5 feet southeast of and parallel to the southeast line of the Steinhagen Oil Company Tract and the northwest line of the Weingarten tract a distance of 135.00 feet to a point in the southwest right of way line of Ninth Street, said easement being 25 feet in width and 135 feet in length. EASEMENT NO. II COMMENCING at the northwest corner of Lot 7, Block 15, Range F, Port Arthur Land Company Subdivision, said corner also being the common corner of Lot 6, Block 15 and Lots 2 and 3, Block 16 Range F, Port Arthur Land Company Subdivision and being in the centerline of Nederland Avenue; THENCE SOUTH 48° 47' EAST alond the common line between Lots 6 and 7, Block 15, Range F a distance of 547.5 feet to the PLACE OF BEGINNING and centerline of the herein described easements said point being in the southwest line and 12.5 feet from the southeast corner of the Weingarten tract as recorded in Volume 1592, Page 483 J.C.D.R. THENCE NORTH 41° 13' EAST along a line 12.50 feet northwest of and parallel to the northwest line of the Larry S. Porter tract as recorded in Volume 1894, Z Minutes Continued March 24, 1981 Page 12 of the Jefferson County Deed Records, and the southeast line of the Weingarten tract a distance of 135.00 feet to a point in the southwest right of way of Ninth Street, said easement being 25 feet in width and 135.00 feet in length. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE I. That the existing utility easement, to -wit: COMMENCING at the northeast corner of Lot 6, Block 15, Range F, Port Arthur Land Company Subdivision, said corner also being a common corner of Lot 7, Block 15 and Lots 2 and 3, Block 16, Range F, Port Arthur Company Subdivision and being in the center- line of Nederland Avenue; THENCE SOUTH 48° 47' EAST along the common line between Lots 6 and 7, Block 15, Range F, Port Arthur Land Company Subdivision, said line also being the centerline of an existing fifteen foot utility easement, a distance of 190.00 feet to the PLACE OF BEGINNING of the herein described tract of land; THENCE continuing SOUTH 48° 47' EAST along the common line between Lots 6 and 7 and the centerline of the existing fifteen foot wide utility easement a distance of 345.00 feet to a point being the cenerline of a fifteen foot wide tract of land, 345.00 feet in length and being out of the northeasterly 7.5 feet of Lot 7, Block 15, Range F, Port Arthur Land Company Subdivision, is hereby officially abandoned. This being an Ordinance which carries no penalty for violation hereof, it shall become effective from and upon its date of adoption by the City Council of the City of Nederland, Texas. ARTICLE II. All Ordinances, or parts of ordinances, in conflict herewith shall be and are hereby repealed. If any section, sub - division, paragraph, sentence, clause or word of this Ordinance be held invalid or unconstitutional, the remaining portions of same shall nevertheless, be valid; and it is declared that such remaining portions would have been enacted, notwithstanding such unconstitutional portion hereof. PASSED by the City Council of the City of Nederland, this 24th day of March, A. D., 1981. THE CITY OF NEDERLAND ATTEST: BY: H. E. NAGEL Mayor City Secretary i ;i Minutes Continued March 24, 1981 An Executive Session was held on matters pertaining to personnel and to the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V.A.T.S. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on matters pertaining to personnel and to the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V.A.T.S. All Voted Aye. Discussion items were as follows: 1. New name tags for Council table. 2. Master key for drawers at Council table. 3. Removal of chairs from Council room. 4. Southern Union Gas meeting to be Thursday, March 26, 1981. 5. Street program survey underway. 6. Dip in concrete in the 300 -400 Block of Nederland Avenue. 7. Hilldale Drive - street paving. B. Private drives. The meeting was adjourned at 10:00 P. M. 1 ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 H. E. Nagel, May City of Nederland' Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 7, 1981 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. A. Nugent, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, Mr. H. E. Nagel, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by M2:. Gillespie to approve the Minutes of the previous meeting of March 24, 1981, as written. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve plans as presented for gazebo to be located near Dutch Windmill. All Voted Aye. The returns of the April 4, 1981, General Election were read by Mrs. Shirley Spittler, Election Judge. Out of 140 votes cast, 19 absentee, respective candidates received the following number of votes: NAME OF CANDIDATE OFFICE VOTES Robert D. Sawyer Councilman of Ward One 135 E. T. Gillespie, Jr. Councilman of Ward Three 130 A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept returns of the election as presented and to authorize payment to the election officials. All Voted Aye. The Oath of Office was administered by the City Secretary to Mr. Robert D. Sawyer, Councilman of Ward One, and to Mr. E. T. Gillespie, Jr., Councilman of Ward Three. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following Change Orders for the Nederland :Recreation Building. All Voted Aye. a. Change Order No. 4, no net change; and b. Change Order No. 5, in the amount of $3,800.00 Sealed bids were received, opened, and read for the sale of the following equipment: 1 - Motor Grader 1952 1 - 2 Ton Chevrolet Truck Chassis 1977 1 - Pneumatic Roller 1955 2 - 10 K. W. Generators 1 - 2' Ton I. H. Truck Chassis 1974 Bidders were as follows: Capt. Jim's Sea Services, and H. W. Campbell Construction Company. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids for the sale of miscellaneous equipment belonging to the City of Nederland to the City Manager and his staff for tabulation and recommendation. All Voted Aye. There were no bids received as scheduled for the purchase of 30 - 3 cu. yd. garbage containers and 10 - 6 cu. yd. garbage containers. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize re- adver- tisement of bids to be received 6:30 P. M., May 12, 1981, for the purchase of 30 - 3 cu. yd. garbage containers and 10 - 6 cu. yd. garbage containers. All Voted Aye. 1 1 1 Ll 1 1 Minutes Continued April 7, 1981 A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to table action on proposed budget for the Summer Recreation Program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the following Amendment to Ordinance No. 164 setting regular dates for Council Meetings to be held from April 7, 1981, through April 6, 1982. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN AMENDMENT TO ORDINANCE NO. 164 SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM April 7, 1981, THROUGH APRIL 6, 1982. 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 at6:30 P. M. on each of the following dates: April 21 May 12, 26 June 9, 23 July 14, 28 August 11, 25 September 15, 29 October 13, 27 November 10, 24 December 8, 22 January 12, 26 February 9, 23 March 9, 23 April 6 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting, this the 7th day of April, 1981. 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 HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the following estimates. All Voted Aye. a. B & B Construction Company, Water Distribution System, Job No. 380 -19A, Estimate No. 4, in the amount of $707.00; b. W. R. Boyd, Inc., Helena Drainage Structure, Job No. 380 -59P1, Estimate No. 3, in the amount of $8,700.00; and, M Minutes Continued April 7, 1981 c. Excavators & Constructors, Inc., Helena Avenue Paving and storm , sewer, Job No. 380 -59P, Estimate No. 4, in the amount of $54,300.00. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to allow the City Manager and his staff to set up a lighting policy for Homer Nagel Park. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the City of Nederland's participation in the Texas Certified Cities Program. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of the bills for the month of March, 1981. All Voted Aye. An Executive Session was held on matters pertaining to the purchase of right of way and properties necessary for implementation for City of Nederland inprovements programs, Article 6252 -17, V.A.T.S. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on matters pertaining to the purchase of right -of -way and-properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V.A.T.S. Discussion items were as follows: 1. Bench at Fire Station in need of repairs. , 2. Restriping of street needed from West Chicago to Nederland Avenue along 27th Street. 3. P.estriping of turning lane needed on Nederland Avenue to 27th Street. 4. Civil Defense siren at Fire Station. 5. TML Region 16 meeting to be 4/16/81 at the Port: Arthur Civic Center. 6. Ambulance Ordinance to be drafted for consideration. The meeting was adjourned at 8:50 P. M. Z���� C , H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 21, 1981 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous meeting of April 7, 1981, as written. All Voted Aye. Presentation was made by Mr. Dave Coco of the proposed budget for the Summer Recreation Program. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the budget for the Summer Recreation Program as presented by Mr. Dave Coco. All Voted Aye. Proposed ordinance regulating ambulance service within the City of Nederland was read in full by Mayor Nagel, and was discussed by the three ambulance services in Nederland. A motion was made by Mr. Lee and seconded by Mr. Nagel that the City Manager and 1 his staff rewrite the ordinance regulating ambulance service within the City of Nederland, and that said ordinance be presented at the next City Council meeting, with suggested changes, for adoption. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept the recommendation of the City Manager to sell the 1974 and 1977 trucks to H. W. Campbell Construction Company on the basis of their bid of $1,405.00; to sell the two 10 K. W. Generators to Captain Jim's Sea Service on the basis of their bid of $161.00; and to reject bid on 1952 Motor Grader in the amount of $261.00 as made by Captain Jim's Sea Service. All Voted Aye. Presentation was made by Mr. Mike Delgado, City Manager, of the 1981 Nederland Street Improvement Program. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve the 1981 Nederland Street Improvement Program as presented by the City Manager, with additional work in the 900 block of Detroit Avenue to be included in the program if needed. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of the following estimates. All Voted Aye. 1. Universal Tank & Iron Works, Inc., Job No. 380 -19C, foundation and utility work on elevated storage tank, Estimate No. 2, in the amount ' of $4,200.00; 2. B & B Construction Company, Water Distribution System, Job No. 380 -19A, Estimate No. 5, in the amount of $2,590.00; and Change Order No. 380- 19A -2, in the amount of $452.00. Minutes Continued April 21, 1981 A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a Proclamation proclaiming May as Older Texans Month. All Voted. Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve payment of Estimate No. 8, Nederland Recreational Building, to Winter King & Son in the amount of $77,918.59. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve application for Step III Funding for E. P. A. Wastewater Project. All Voted Aye. An Executive Session was held on matters pertaining to personnel and to the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V.A.T.S. A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on matters pertaining to personnel and to the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V.A.T.S. as discussed during the Executive Session. All Voted Aye. Presentation of plaque was made by Mayor Homer Nagel to retiring Fire Chief, Austin Sattler, which read as follows: In Appreciation To Austin Sattler For Your 24 Years , Continuous Dedicated Service To The Nederland Fire Department From City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Sawyer to appoint Mike Lovelady Acting Fire Chief /Fire Marshal for the two month period beginning May 1, 1981 and ending June 30, 1981, with applications for this position on a permanent basis to be received until June 1, 1981, and to appoint the permanent Fire Chief /Fire Marshal on June 30, 1981, this being the regular appointment date for City Officials. All Voted Aye. Discussion items were as follows: 1. Delivery date of new American LaFrance fire truck. 2. Complaint from Mr. Vize and Mr. Barr concerning speeding cars in city. 3. Striping of 27th Street and Nederland Avenue :intersection. 4. Abandoned cars. 5. Mayor and Councilmen to have meeting in Lubbock May 30 - June 3, 1981. 6. Gasoline tax. The meeting was adjourned at 9:25 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas H E. Nagel, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 12, 1981 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous meeting of April 21, 1981. All Voted Aye. Presentation of check was made by Mr. Cropo LeBlanc, Chairman of the 1981 Heritage Festival Committee, in the amount of $6,000.00 and presentation of check was made by Mr. John Morgan, on behalf of the Heritage Foundation, in the amount of $15,000.00, with these monies to be used for furnishings for the Nederland Activity Center. A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept the check for $6,000.00 from the Heritage Festival and the check for $15,000.00 from the Heritage Foundation, with monies to be deposited in the Activity Center Furnishings Account. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the follow- ing Ordinance No. 340 regulating ambulance service within the City of Nederland. All Voted Aye. ORDINANCE NO. 340 AN ORDINANCE REGULATING AMBULANCE SERVICE WITHIN THE CITY OF NEDERLAND, TEXAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that hereafter ambulance service in the City of Nederland shall be regulated by the following provisions: SECTION 1. Definitions 1. Street - By the term "street" is meant the entire width between the boundary lines of every way publicly maitained when any part thereof is open to the use of the public for purposes of vehicular travel. 2. Ambulance - Any vehicle of the modular, van, suburban or station wagon type which is used, designed or re- designed for the purpose ' of transporting the sick or injured. 3. EMT - Certification designating a level of emergency medical training as issued by the Texas Department of Health Resources. I Minutes Continued May 12, 1981 4. CPR Training - Training in standard cardio pulmonary resuscitation I procedures approved by the American Heart Association. 5. Ambulance Permit - The permit as required under this Ordinance. Operating Ambulance Without Permit No person shall drive or operate an ambulance for the purpose of trans- porting the sick or injured for hire upon the public streets of the City of Nederland unless there is attached to the patient compartment of such ambu- lance a valid Ambulance Permit issued for such ambulance by the Nederland Police Department. There shall be exempted from the provisions of the permit and license requirements of this Chapter those ambulances who transport clients from a location outside the City of Nederland into the City of Nederland and who transport clients only through the City of Nederland. Ambulance Permit; Application; and Conditions of Issuance of Ambulance Permit Every person, partnership or corporation desiring to obtain an ambulance permit shall make application in writing on a form provided by the City for that purpose to the Nederland Police Department. Such application shall con- tain the name, address, and telephone number of the applicant, the owner of the ambulance for which the permit is to be issued, and the address and telephone number of the location from which ambulance service will be originated. The application shall also show the make, model, motor number and correct state ' license number of the ambulance for which a permit: is being requested. Every application, when filed, shall be sworn to by the applicant and shall be accompanied by a permit fee of TWELVE AND N01100 ($12.00) DOLLARS. No permit shall be transferable, and every permit shall expire at midnight on the thirty first day of December of the calendar year in which the same was issued. No ambulance permit shall be issued unless: A. Insurance - Unless there is in full force and effect a policy or policies of public liability and property damage insurance, issued by a casualty insurance company authorized to do business in the State of Texas, and in the standard form approved by the Board of Insurance Commissioners of the State of Texas, with coverage provisions insuring the public from any loss or damage that may arise to any person or property by reason of the operation of the ambulance for which the permit is issued and providing that the amount of recovery shall be in limits not less than the following sums: 1. For damages arising out of bodily injury to or death of one person in any one accident, $100,000.00. 2. For damages arising out of bodily injury to or death of two or more persons in any one accident, $300,000.00. 3. For any injury to or destruction of property in any one accident, , $25,000.00. B. State Permit - Unless the applicant has been issued a permit by the State Board of Health pursuant to Article 4590b of Vernon's Annotated Civil Statutes. Minutes Continued May 12, 1981 ' C. Unless a current State inspection sticker is displayed on the windshield of the vehicle. EQUIPMENT As a minimum requirement, every ambulance for which an ambulance permit is issued shall be equipped with the following: A. Medical Equipment 1. All equipment now or hereafter required by the rules and regulations of the Texas Department of Health Resources for a State ambulance permit. B. Safety /Extrication Equipment 1. All equipment now or hereafter required by the Texas Motor vehicle laws governing authorized emergency vehicle. Licensed Personnel and Minimum Requirements Every ambulance when in service, shall be staffed with at least two personnel. Both such persons must be the holder of a valid Texas Drivers license. One attendant must be the holder of a current Emergency Medical Technician Certificate (will be effective one (1) year after adopting ordinance). The other must be the holder of a current CPR Certificate as issued by the American Heart Association (will be effective six (6) months after adopting Ordinance). Transport of Injured or Ill Persons Ambulance shall be required in emergency calls to travel at a rate not greater than 10 miles over the posted limits and to slow to 10 miles per hour or less when traveling through a red light or stop sign. Revocation of Ambulance Permit The City Council, prior to the revocation of any ambulance permit, shall set a time and place for a hearing on such revocation. The City Police shall be directed to give written notice to the holder of such permit by registered mail at least fifteen (15) days prior to the date set for such hearing. The following shall be grounds for revocation of an ambulance permit by the City Council. A. The permit holder, an employer or any employee of the permit holder, has violated any provision of this Chapter, or B. The permit holder or owner of the ambulance for which the permit is issued is failing to comply and maintain such ambulances in compliance with the requirements set forth in the section providing for certain equipment. C. The permit holder has refused transportation to any person in medically necessary circumstances, or D. The permit holder has failed to maintain the interior and equipment of the vehicle in an aseptic manner. 12 Minutes Continued May 12, 1981 SECTION 2. ' If any portion of this Ordinance, or the application of the same to any person or set of circumstances, shall, for any reason, be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remain- ing portions of this Ordinance or their application to other persons or sets of circumstances, and, to this end, all portions of this Ordinance are declared to be severable. SECTION 3. The enactment of this Ordinance shall not operate to impair, extinguish or repeal any other section or subsection of the Ordinances, except as the same may conflict herewith. SECTION 4. Any person who violates any provisions of this Ordinance, upon conviction, shall be punished by a fine of not less than One ($1.00) Dollar nor more than Two Hundred ($200.00) Dollars, and each day such violation shall be permitted to exist shall constitute a separate offense. There shall be established by this section a non - preference list for ambulances. The Police Department shall use this non - preference list in such cases that the police see need to request the services of an ambulance. How- ' ever, individuals that request ambulance service may request any of the ambulance services that are permitted to operate in the City of Nederland. The non - preference list shall be limited to those permitted ambulance services within the city limits of Nederland or within two miles of the City's boundaries. The non - preference list shall rotate. However, in the case that the police are unable to contact an ambulance service or that service refuses the call, their turn on rotation will be lost. Neither the Police Department nor the City of Nederland shall be held responsible for any charges made by an ambulance service responding to a non - preference call. SECTION 6. The fact that the City of Nederland has not had an Ordinance regulating the operating of ambulances requires that this Ordinance become effective 30 days from the date of adoption by the City Council. SECTION 7. This Ordinance shall be published by publishing the caption thereof, within ten (10) days after the passage thereof, for three (3) successive issues I in the Chronicle, the official newspaper of the City of Nederland. 13 Minutes Continued May 12, 1981 ' PASSED, APPROVED AND ADOPTED this 12th day of May , A. D., 1981. 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 HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas Presentation was made of the proposed Capital Improvement Program by fiscal agent, Mr. Gene Sheppard. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve final engineering for E. P. A. Wastewater Project to be submitted to the State of Texas ' with Step III application. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table action of water system improvements (renovation of water plant) for the City of Nederland until the next regular City Council meeting of May 26, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept the application for "on premises alcoholic beverages permit" from Kenny's Sandwich Shop, 2300 Highway 365. All Voted Aye. Sealed bids were received, opened, and read for the purchase of 30 - 3 cu. yd. garbage containers and 10 - 6 cu. yd. garbage containers. Bidders were as follows: Industrial Disposal Supply Company, $15,417.50 total bid; War -Pak, Inc., $17,840.00 total bid; Duncan Equipment, Inc., $16,300.00 total bid; Waste Systems, Equipment Company, $16,690.00 total bid; May Fabricating Company, Inc., $17,158.90 total bid; and an alternate bid from War -Pak, Inc., in the amount of $15,840.00. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to refer the bids for the purchase of 30 - cu. yd. garbage containers and 10 - 6 cu. yd. garbage containers to the City Manager and his staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nageland seconded by Mr. Lee to table the Executive Session on matters pertaining to the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, ' Article 6252 -17, V.A.T.S. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertisement for bids for street base renovation and appurtenances for the Nederland Street Improvement Program to be received prior to 6:30 P. M., May 26, 1981. All Voted Aye. . Y Minutes Continued May 12, 1981 A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a 304 increase ' in fee for landfill customers in the Mid County Municipal League, with increase to become effective June 1, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve renewal of contract with the Lower Neches Valley Authority providing for furnishing fresh water to the City of Nederland for a two (2) year period from June 1, 1981, through May 31, 1983. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve loan from Nederland State Bank in the amount of $80,000.00 for the purchase of a new fire truck. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of monthly bills for the month of April, 1981. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to adopt the following Ordinance No. 341 discontinuing, closing, and abandoning a certain portion of an alley from Franklin to Helena Avenue, Block 10 of the F. M. Hammond Subdivision. All Voted Aye. ORDINANCE NO. 341 AN ORDINANCE DISCONTINUING, CLOSING, AND ABANDONING A CERTAIN PORTION OF AN ALLEY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN I EFFECTIVE DATE. WHEREAS, CLARENCE LANG, DAVID W. LUTHER, SHIPLEY A MELANCON, JAMES R. BASS, JAMES R. THERIOT, ET US, DON CHAMBERS, FRANKLIN STREET PROPERTIES, R. M. SHELTON, B. C. MILLER, WANDA N. HALE, CHARLES N. SMITH, III., GINGER KINCAID, and JACK G. MCNEILL, are the owners of the property adjacent to the alley hereinafter described; WHEREAS, that said portion of said alley is no longer used and the said above -named property owners have requested the City Council of the City of Nederland to discontinue, close, and abandon said portion of the alley, as hereinafter described, and WHEREAS, if there are utilities located in said alley and if it is necessary to relocate the utilities in said alley to be closed, the above -named property owners have agreed to pay all expenses for the relocation of said utilities in exchange for the closing thereof, now therefore, BE IT ORDAINED BY THE CITY OF NEDERLAND: SECTION 1: - That the following described portion of said alley in the City of Nederland, Jefferson County, Texas, be and it is hereby discontinued, closed, and abandoned as a public alley: The alley that extends from Franklin Avenue to Helena Avenue and being in Block 10 of the F. M. Hammon Subdivision of the City of I Nederland, Jefferson County, Texas. SECTION 2: - That the above-named citizens pay all expenses for the relocation of the utilities located on the above- described portion of said alley, if any. I> Minutes Continued May 12, 1981 SECTION 3:- This ordinance shall be effective from and after its passage. SECTION 4: - That the Mayor and City Secretary shall be authorized to sign and attest the transfer of this property by Quit -Claim Deed or other instruments, as needed, to the above - named. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Nederland on May 12, 1981. HOMER NAGEL Homer Nagle, Mayor City of Nederland ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland 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 A motion was made by Mr. Nagel and seconded by Mr. Lee to approve payment of the following estimates. All Voted Aye. 1. Excavators & Constructors, Inc., Helena Avenue paving and storm sewer, Estimate No. 5, in the amount of $119,000.00' 2. Universal Tank & Iron Works, Inc., foundation and utility work on elevated storage tank, Job No. 380 -19C, Estimate No. 3, in the amount of $148,500.00; and, 3. State Wide Signal and Electric, traffic signals Highway 347 at Avenue B, and 27th Street at Helena Avenue, Job No. 380 -15, in the amount of $5,910.00. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of the following estimates. All Voted Aye. 1. Winter King & Son, Nederland Recreation Building, Estimate No. 9, in the amount of $53,677.23; and ' 2. Allied Enterprises, Inc., additions to D. Bob Henson Library, Estimate No. 6, in the amount of $13,539.10. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment and expenses for Mike Delgado, City Manager, and D. Sosa, Administrative Assistant, to attend the annual Texas City Management Association Meeting in McAllen, Texas, June 13 -16, 1981. All Voted Aye. 11 i , Minutes Continued May 12, 1981 Discussion items were as follows: 1. Late hours of garbage truck and street sweeper disturbing citizens. 2. Applications being received for Fire Chief. 3. Regional Planning Committee meeting to be Tuesday, May 19, 1981, in Kountz. 4. Catch basin needing to be cleaned at Holy Cross Lutheran Church, 2711 Helena. 5. Interviewing of applicants for Director of Activity Center. The meeting was adjourned at 9:30 P. M. Homer E. Nagel,vyayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas L 17 1 1 i SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 12, 1981 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve the following Resolution authorizing the City Attorney to file "Motion to Intervene" on behalf of the City of Nederland in Docket No. 3871 before the Public Utility Commission of Texas by Friday, May 15, 1981, in regard to Gulf States Utilities having filed an application for a general rate increase within the unincorporated areas served by it in the State of Texas. RESOLUTION A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE MOTION TO INTERVENE ON BEHALF OF THE CITY OF NEDERLAND IN DOCKET NO. 3871 BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS. WHEREAS, Gulf States Utilities Company has filed application for a general rate increase within the unincorporated areas served by it in the State of Texas, being Docket No. 3871 before the Public Utility Commission of Texas; and, WHEREAS, it is in the interest of the City of Nederland to participate in that proceeding; 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 motion to intervene on behalf of the City therein; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this 12th day of May, A. D., 1981, at a Regular Meeting of the City Council of the City of Nederland, Texas, by the following votes: AYES: Mayor Nagel, Councilmen R. D. Sawyer, T. E. Lee, Jr., R. A. Nugent, and Sam Gillespie. NOES: None ' ATTEST: Homer E. Nagel, Mayor Alta Fletcher, City Secretary APPROVED AS TO FORM AND LEGALITY: W. Everett Sanderson, City Attorney REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' May 26, 1981 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. T. E. :Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous meeting of May 12, 1981, as written. All Voted Aye. A discussion was held with residents and members of the First United Methodist Church concerning heavy traffic on weekends along 13th Street from Nederland Avenue to Atlanta Avenue. A motion was made by Mr. Lee and seconded by Mr. Gillespie to put up a temporary barricade where Police Chief deems necessary along 13th Street from Nederland Avenue to Atlanta Avenue on the weekends in order to deter traffic problems at First United Methodist Church. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr.. Nugent to approve the following Ordinance No. 342 suspending the operation of proposed rate schedules filed by Gulf States Utility Company for a period of one hundred twenty (120) days beyond date on which such schedules would otherwise go into effect. All Voted Aye. ORDINANCE NO. 342 , AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY GULF STATES UTILITY COMPANY FOR A PERIOD OF ONE HUNDRED TWENTY (120) DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, Gulf States Utility Company did, on May 1, 1981, file a schedule of rates for service within the City of Nederland to become effective June 5, 1981; and WHEREAS, after having considered the presentation of Gulf States Utility Company, it is the opinion of the City Council of the City of Nederland that such schedule of rates should be suspended for a period of 120 days from June 5, 1981, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, a copy of this ordinance has been provided Gulf States Utility Company. Pursuant to Section 43 (d) of the Public Utility Regulatory Act, the operation of the Gulf States Utility Company's proposed rate schedules filed with the City of Nederland on May 1, 1981, for further study, investigation, presentation of evidence and public hearing. ADOPTED by the City Council of the City of Nederland on this 26th day of , May, A. D., 1981. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas E ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas Minutes Continued May 26, 1981 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. Sawyer to appoint Greer Moreland Fosdick Shepherd, Inc. as fiscal agent for upcoming bond election and to authorize Mayor to sign contract for same. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following Resolution opposing proposed legislation that would ban T. V. Super - stations from Cable Television Franchises. All Voted Aye. D RFCnT.TTrT'TMT ' BE IT RESOLVED that the City of Nederland, Texas has granted a Cable TV franchise to Liberty Cable TV for the purpose of.providing its citizens with program diversity. Be it further Resolved that the changes being proposed to the 1976 Copy- right Act would effectively deny Liberty Cable TV access to the Superstations: WTBS Channel 17 Atlanta WOR Channel 2 New York WGN Channel 9 Chicago and relegate its subscribers to become second class citizens while millions of Cable TV subscribers elsewhere are enjoying these Superstations. Therefore, the City Council of Nederland hereby RESOLVES to make it known to the members of Congress that it strongly opposes changes to the 1976 Copyright Act as proposed by Congressman Robert Kastenmeier (D- Wisconsin). READ, ADOPTED AND APPROVED this 26th day of May, A. D., 1981, at the regular meeting of the City Council of the City of Nederland, Texas. HOMER E. NAGEL Homer E. Nagel, Mayor ' City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas 1 Minutes Continued May 26, 1981 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve increase ' for street sweeping services to All Area Sweepers from $450.00 per month to $525.00 per month. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve Certificate of Substantial Completion for the D. Bob Henson Memorial Library. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to award the bid for thirty (30) 3 -cu. yd. garbage containers and ten (10) 6 -cu. yd, garbage containers to Industrial Disposal Supply Company on the basis of their low bid of $15, 417.50, as received during the previous meeting of May 12, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertisement for bids to be received by 6:30 I?. M., June 9, 1981, for the purchase of 340,000 black plastic garbage bags. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize payment of expenses for Kenneth Meaux, Assistant Public Works Director, and Glenn Franklin, Landfill Operator, to attend the Landfill Operations Workshop sponsored by Texas A & M University, in Baytown, Texas, June 3rd and 4th, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table an Executive Session on matters pertaining to personnel and the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V.A.T.S. All Voted Aye. I Discussion items were as follows:. 1. Garbage container needed at City Hall on holidays that fall on Mondays. 2. Trash pick -up in Ward Two being three weeks behind schedule. 3. Grass needing to be cut in the 3400 block of Canal Avenue. 4. Acreage around Holy Cross Lutheran Church Rectory on Helena Avenue. 5. Unsanitary conditions in the area of Franklin Avenue and 9th Street. 6. Appointment of Fire Chief by June 30, 1981, with six applications having been turned in. The meeting was adjourned at 8:50 P. M. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 26, 1981 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Sealed bids were received, opened, and read for street base renovation and appurtenances for the Nederland Street Improvement Program. Bidders were as follows: Mason Construction Company, Inc., $27,655.00; Maco Construction Corp., $50,095.00; Russ Miller Construction Co., $56,347.50; Troy Dodson Construction Co., $79,450.00; F. Gatlin Asphalt Co., $38,390.00; and Bella Company, $52,182.50. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for street base renovation and appurtenances for the Nederland Street Improvement Program to Mason Construction Company, Inc., on the basis of their low bid of $27,655.00. All Voted Aye. �I ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas I� �s �`. H. E. Nagel, Mayo City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 2, 1981 ' The meeting was called to order at 6:30 p.m. by Mayor H. E. Nagel. Members present were Mr. Sam Gillespie, Mr. R. A. Nugent, Mr. H. E. Nagel, and Mr. T. E. Lee, Jr. Member absent was Mr. Robert Sawyer. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the Minutes of the previous Regular Meeting and Special Meeting of May 26, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session on matters pertaining to personnel. All Voted Aye. City of Nederland hospitalization insurance was discussed. No action was taken. The meeting was adjourned at 8:30 p.m. ATTEST: �r a LaDonna Floyd, Acting City Secretary City of Nederland, Texas omer E. Nagel, Rayor City of Nederland, Texas ' 1 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND June 9, 1981 The meeting was called to order at 6:30 p.m. by Mayor H. E. Nagel. Members present were Mr. R. A. Nugent, Mr. T. E. Lee, Jr., Mr. Robert Sawyer, Mr. E. T. Gillespie, and Mr. H. E. Nagel. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the Minutes of the previous Special Meeting of June 2, 1981. All Voted Aye. Mr. Al Price was introduced as our new State Representative for our area. A discussion was held on the City of Nederland hospitalization insurance. Mr. Bud Mackey, Business Agent of Local 385, was present on behalf of the union members of the city. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve an Amendment to Ordinance No. 147 increasing the City's contribution towards hospitalization insurance. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 147 PERSONNEL POLICY ORDINANCE ' AN ORDINANCE AMENDING A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND CONCERNING HOSPITALIZATION INSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ARTICLE XI BENEFITS Section 1 The City will provide a hospitalization insurance policy for all permanent employees. The City will also participate in providing a hospitalization insurance policy for the dependents of permanent employees. The total premium paid by the City for hospitalization insurance for employees and their dependents shall not exceed one hundred twenty dollars and fifty cents ($120.50) per month. The premium amount paid by the City shall be fixed by the City Council. All other provisions of Ordinance No. 147 and amendments thereto shall remain the same. PASSED AND APPROVED this 9th day of June, 1981, to become effective July 1, 1981. S /HOMER E. NAGEL ATTEST: Homer E. Nagel, Mayor City of Nederland, Texas S /LADONNA FLOYD La Donna Floyd, Acting City Secretary APPROVED AS TO FORM AND LEGALITY: City of Nederland, Texas S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 4 Minutes Continued, June 9, 1981 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the permit for "on premises" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: Kenny's Sandwich Shop, 2300 Highway 365. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr.. Gillespie to approve Ordinance ' No. 343 calling for a Bond Election on July 7, 1981, for the purpose of selling $2,000,000 in General Obligation bonds for the City's matching share of the E.P.A. Wastewater Project and $650,000 in General Obligation bonds for Water Systems improvements, approving legal documents pertaining to the above. All Voted Aye. ORDINANCE NO. 343 AN ORDINANCE by the City Council of the City of Nederland, Texas, calling a bond election to be held within said City, making provision for the conduct of the election and other provisions incident and related to the purpose of this ordinance; and providing an effective date. WHEREAS, the City Council of Nederland, Texas, has determined that an election should be held to ascertain whether said governing body shall be authorized to issue bonds of said City in the amounts and for the purposes hereinafter mentioned; therefore, BE IT ORDAINED BY THE CITY COUNCIL OE' THE CITY OF NEDERLAND: SECTION 1: That an election be held on the 7th day of July, 1981, which date is not less than fifteen (15) nor more than ninety (90) days from the date of the adoption hereof, at which election the following propositions shall be submitted: PROPOSITION NUMBER 1 "SHALL the City Council of the City of Nederland, Texas, be authorized to issue ' $650,000 general obligation bonds of said City for the purpose of making permanent public improvements, to wit: improvements and extensions to the City's Waterworks System; said bonds to be issued in one or more installments, to mature serially over a period of years not to exceed FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council at the time of issuance, and shall there be levied, assessed and collected annually ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due." PROPOSITION NUMBER 2 "SHALL the City Council of the City of Nederland, Texas, be authorized to issue $2,000,000 general obligation bpmds pf saod City for the purpose of making permanent public improvements, to wit: improvements and extensions to the City's Sanitary Sewer System; said bonds to be issued in one or more installments, to mature serially over a period of years not to exceed FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council at the time of issuance; and shall there be levied, assessed and collected annually ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due." SECTION 2: Than an electronic voting system shall be used for the bond election , herein ordered and for absentee voting by personal appearance and by mail and each voter shall record his vote by punching a ballot card which is to be counted by data processing machines. 1 i 1 Minutes Continued, June 9, 1981 Ballot cards and Ballot labels shall be prepared in accordance with the applicable provisions of the Election Code so the voters may cas their ballots either "FOR" or "AGAINST" the aforesaid propositions, which shall be set forth on the ballot in substantially the following form: PROPOSITION NUMBER 1 "THE ISSUANCE OF $650,000 GENERAL OBLIGATION BONDS FOR IMPROVEMENTS AND EXTENSIONS TO THE CITY'S WATERWORKS SYSTEM" PROPOSITION NUMBER 2 "THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS FOR IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SANITARY SEWER SYSTEM" The word "FOR" and beneath it the word "AGAINST" shall be made to appear to the right of each proposition. A number shall be assigned and appear adjacent to the word "FOR" and a number shall be assigned and appear adjacent to the word "AGAINST ". Each of these numbers shall be similar and correspond to numbers on the ballot card. Each elector shall place a punch hole in the space provided beside the statement indicating the way he or she wishes to vote by punching the respective number out of the ballot card. SECTION 3: That the entire City of Nederland, Texas, shall constitute one election precinct for this election and the Fire Station, 1400 Boston Avenue, in said City is hereby designated as the polling place. On election day, the polls shall be open from 7:00 a.m. to 7:00 p.m. SECTION 4: That the following named persons are hereby appointed officers of the election: LUETTA W. POWELL SHIRLEY SPITTLER PRESIDING JUDGE ALTERNATE PRESIDING JUDGE The Presiding Judge shall appoint not less than two (2) nor more than six (6) qualified clerks to serve and assist in holding said election; provided that if the Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. Absentee voting shall be conducted at the City Secretary's office in the City Hall, in accordance with the provisions of V. A. T. S. Election Code, Chapter 5, and a Special Canvassing Board shall canvass the absentee ballots. MRS. ALTA PLETCHER is appointed as Presiding Judge of the Special Canvassing Board for absentee voting and J. B. McKINNEY and JAMES BYERS are appointed Clerks of said Board. That the Central Counting Station for the tabulation and counting of ballots for said election shall be located at the Jefferson County Voting Machines warehouse, 2748 Viterbo Road, Nederland, Texas, and the following person is hereby appointed and designated by this governing body as the Presiding Judge at the Central Counting Station: Presiding Judge Mrs. Alta Fletcher The Manager and Presiding Judge of the Central Counting Station shall appoint clerks to serve at such Station, as provided by Chapter 7.of the Election Code. ��; Minutes Continued, June 9, 1981 SECTION 5: That all resident qualified electors of the City shall be permitted to vote at said election. This election shall be held and conducted in accordance with the Texas Election Code except as modified by Chapter 1 of Title 22, V. A. T. C. S., and as may be required by law, I all election materials and proceedings shall be printed in both English and Spanish. SECTION 6: That a substantial copy of this ordinance shall serve as proper notice of said election. Said notice, of said election. Said notice including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than fourteen (14) full days prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in said City, the first of said publications to be made not less than fourteen (14) full days prior to the date set for said election. SECTION 7: That this ordinance shall be effective from and after its passage and it is so ordained. PASSED AND APPROVED, this the 9th day of June, 1981. S /H. E. NAGEL ATTEST: Mayor, City of Nederland, Texas S /LADONNA FLOYD Acting City Secretary, City of Nederland, Texas (City Seal) NOTICE OF BOND ELECTION THE STATE OF TEXAS X COUNTY OF JEFFERSON X CITY OF NEDERLAND X TO THE RESIDENT QUALIFIED ELECTORS OF THE CITY OF NEDERLAND, TEXAS: TAKE NOTICE that an election will be held in the City of Nederland, Texas, on the 7th day of July, 1981, in accordance with an ordinance duly entered by the City Council which is attached hereto and made a part of this Notice for all intents and purposes. WITNESS OUR HANDS AND THE SEAL OF SAID CITY, this the 9th day of June, 1981. ATTEST: S /H. E. NAGEL Mayor, City of Nederland, Texas S /LADONNA FLOYD Acting City Secretary, City of Nederland, Texas (City Seal) A motion was made by Mr. Nagel and seconded by Mr. Gillespie to schedule a Public Hearing relating to the Bond Election for June 23, 1981. All Voted Aye. 1 Minutes Continued, June, 1981 Sealed bids were received, opened, and read for 340,000 black plastic garbage bags. Bidders were as follows: Frontier Bag, Inc., Poly America, Inc., Arrow Industries, ' Bemis Corporation, Southwestern Bulk, B & E Packaging, Adams Industries, and Sunbelt Plastics. A motion was made by Mr. Nagel and seconded by Mr. Lee to refer the bids to the City Manager and his staff for tabulation and recommendations. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of the bills for the month of May, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following 1981 policy for blacktopping driveways, with expiration of program to be September 1, 1981. All Voted Aye. POLICY FOR BLACKTOPPING DRIVEWAYS /PARKING LOTS LOCATED WITHIN CITY RIGHT -OF -WAY ADOPTED The Nederland City Council has approved City participation in blacktopping of that part of existing driveways and parking lots as is located upon public street right -o£ -ways. The estimate for citizen participation (surface materials) is based on the linear foot of frontage, or width of driveway. For those of less than 15' deep a charge of $7.75 per front foot is assessed; for those of more than 15' deep a charge of $10.30 per front foot (or width) is assessed. This 1" minimum thickness asphaltic surface is placed upon the existing base and ' is maintained by the City for one year from date of completion. Applications and further information is available in the office of John Bamber, Director of Public Works. The policy expires September 1, 1981. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the following estimates and change orders for Capital Improvement Program. All Voted Aye. 1. Tex Trac, Inc., Job No. 381 -8, 10th Street sidewalk, Estimate No. 1 and Final, in the amount of $11,104.41. 2. W. R. Boyd, Inc., Job No. 380 -59P1, Helena Drainage Structure, Estimate No. 4 and Final, in the amount of $5,443.26; 3. Excavators & Constructors, Inc., Job No. 380 -59P, Helena Avenue Paving, Estimate No. 6, in the amount of $85,800.00; 4. Universal Tank & Iron Works, Inc., Job No. 380 -19C, elevated storage tank, Estimate No. 4, in the amount of $56,245.82; 5. Tex Trac, Inc., Job No. 381 -8, 10th Street sidewalk, Change Order No. 1 in the amount of $1,471.14; 6. W. R. Boyd, Inc., Job No. 380 -59P1, Helena Drainage Structure, Change Order No. 1, in the amount of $593.26; 7. Excavators & Constructors, Inc., Job No. 380 -59P, Helena Paving, Change Order No. 5, in the amount of $2,548.33; and, 8. Excavators & Constructors, Inc., Job No. 380 -59P, Helena Paving, Change Order No. 6, in the amount of $999.40. 1 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of expenses for James Byers, Building Official, to attend the Twelfth Annual Municipal Inspectors Training School, sponsored by Texas A & M, to be held in College Station, August 3 -7, 1981. All Voted Aye. Minutes Continued, June 9, 1981 A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the agreement with Newton and Company for supply of water and make a study to determine if we should raise water rates for all outside city contracts to ten cents above inside city rates. All Voted Aye. I THE STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into by and between the City of Nederland, a municipal corporation in Jefferson County, Texas; and Newton and Company. W I T N E S S E T H: The City of Nederland subject to and upon the terms and conditions hereinafter set out agrees to furnish to Newton and Company, hereafter referred to as the System, treated, fresh water and Newton and Company, agree to take and receive such water from the City of Nederland and to buy and pay for such water as may be furnished under the terms of this contract, at the rate provided for below. II. The term of this contract shall be for a period of eight(8) years six (6) months from date unless sooner terminated according to the terms hereof. III. The monthly rate for the water shall be as follows: First 20,000 gallons (Minimum) $29.00 , All over 20,000 gallons (Per 1,000) .65 It is the intention of the parties to this agreement that the City shall charge for all over 20,000 gallons (Per 1,000) throughout the term of this contract $.05 per thousand gallons of water more than the charge of commercial water cust- omers inside the City limits of Nederland as specified in City of Nederland Ordi- nance No. 155 and the charge as set out herein shall. be amended and effective upon the effective date of any subsequent amendment to Ordinance No. 155 which may here- after be approved by the City Council of the City of Nederland, Texas. IV. The City of Nederland shall, furnish Newton and Company, with monthly statements showing the amount of water delivered to the System each month through a master meter and appurtenances installed at the expense of the System in a location agreed upon by both parties. The City of Nederland shall have the supervision and control of such master meter, subject to the right of the System at its expense to have such meter tested or checked at all reasonable times and the said meter shall be and remain the property of the City of Nederland, Texas, as long as used for the purposes herein set forth. In the event the master meter is inoperative for any reason, water used during the period of inoperation, shall be billed accord- ing to the previous month's billing. V. That Newton and Company, will provide all labor, materials, insurance, and contin gencies necessary to construct and to operate the water system from and including Minutes Continued, June 9, 1981 the water meter. That the facilities will be constructed in accordance with the City of Nederland Ordinances; and further, that permits shall be procured and inspections provided for residential or commercial taps in accordance with Ordinance No. 155 and Plumbing Code. VI. That Newton and Company, agree to permit fire equipment of the City of Nederland to connect to fire hydrants and flushing valves within the System for the purpose of extinguishing fires, and further agree to provide the necessary water for performing such fire fighting duties; however, this provision shall not jeop- ardize the future charging by City of Nederland of Jefferson County and /or Newton and Company, for providing such fire fighting service whenever provisions for such changes may be provided for. VII. Payment for water delivered by the City of Nederland through said master meter shall become due and payable on or before ten (10) days from and after the first day of each month. The water delivered to Newton and Company, under this contract shall be of the same quality and purity as if furnished and delivered to customers within the corporate limits of the City of Nederland, Texas. The City of Nederland shall have the right to cease delivery of water hereunder should the System fail to pay any bill due hereunder by the 15th day of the month immediately following the date billed. kfJoe s That Newton and Company, as part of this consideration of this contract, agree that the City of Nederland, its agents and representatives shall have, and it is hereby granted, privilege and permission for the inspection of water lines, and sanitary sewers in connection with the service rendered by Newton and Company, to its customers therein, and in connection with this paragraph, Newton and Company covenants, binds and obligate themselves that all water connection, sewer connections and other plumbing hereafter installed in this System shall meet and conform to the minimum requirements of Texas State Board of Health. Failure of the System to correct any violation of this paragraph within 30 days after receipt of written notice from the City of Nederland of the violation, shall give the City of Nederland the right to terminate this contract. IX. It is further specially understood and agreed that the City of Nederland shall not be liable to Newton and Company, nor its customers for failure to furnish water under this contract if such failure is caused by fire, strike, riots, lockouts, storms, drought, war of any Act of God or the destruction or failure, total or partial, or the breakdown of any treating plant or plants, or any units or equipment therein, or the destruction or breakdown of any supply canal or canals line or lines from any cause whatsoever, or by reason of insufficient treating capacity caused by reason of any condition resulting from or caused, directly or indirectly, by the existence of a state of war. X. The parties hereto agree that it is the duty of the City of Nederland to furnish water to its own residents first and that the right of Newton and Company, under Minutes Continued, June 9, 1981 this contract, are subordinante to the needs of the consumers within the corporate limits of the City of Nederland, Texas. It is further provided that the needs of Newton and Company, and their rights hereunder shall be superior to any subsequent outside City water customer of 100,000 gallon per month or greater usage; however, this latter provision applies only to the present Water System area and its present customers and this provision shall be subject to review and waiver by the City of Nederland to any subsequent extension of the System or any future System customers outside the present System area. The provision shall also be subject to review and waiver by the City of Nederland in so far as it would apply to any single system customer in the 100,000 gallon per month or greater bracket. XI. In the event the City of Nederland during the term of this contract shall be unable to furnish a sufficient amount of treated water for the use and needs of the consumers of Newton and Company, excepting here,from those conditions over which the City of Nederland has no control, then it is agreed that this contract may be terminated by Newton and Company, and that water may be purchased from other available source. XII. Annexation of the territory within the System or any part thereof, hereunder served, by the City or incorporation of the same, shall give the City of Nederland the right to terminate this Contract. XIII. This contract shall be subject to all valid rules and laws applicable hereto passed or promulgated by the United States, the State of Texas, and any Municipal or other governmental body or agency having jurisdiction hereof. XIV. That this Agreement shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns. XV. In the event the needs of either party to this contract are not being met and this contract is to be terminated under the provision governing such deficiencies, the party whose needs are not being met shall give the other party twelve (12) months written notice of its intention to terminate. IN WITNESS WHEREOF, Newton and Comapy, and the City of Nederland, Texas 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 9th day of June, 1981. CITY OF NEDERLAND NEWTON AND COMPANY Mayor O. F. Newton i Minutes Continued, June 9,1981 ATTEST: City Secretary (Acting) Notary Achnowledgement APPROVED AS TO FORM AND LEGALITY: City Attorney Notary Achnowledgement An Executive Session was conducted on matters pertaining to the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V. A. T. S. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on matters pertaining to the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V. A. T. S. All Voted Aye. An Executive Session was conducted on matters pertaining to personnel matters. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on matters pertaining to personnel. All Voted Aye. Discussion items were as follows: 1. Sunken place in the 200 or 300 block of Wouth 14 Street where water line was repaired. 2. Frank Wright, complaints about garbage container behind Discount Foods smells bad and attracts rats and roaches. 3. Fence which was over property line is being taken doen. 4. Interviews for Parks and Recreation Director, 6- 10 -81. 5. Orientation for Texas Certified Cities. 6. Pool attendance up. 7. Trash pick -up is almost two weeks behind but we are working weekends to catch up. 8. Two new secretaries at City Hall, Kelly Sartor and Lois Coco. 9. Mid- County Municipal League Meeting, Nederland City Hall, June 22, 5:00 p.m. Meeting was adjourned at 9:10 p.m. H. E. Nagel, Mayor' C_ City of Nederland, Texas ATTEST: Lyj LaDonna Floyd, Acting City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I June 23, 1981 The meeting was called to order at 6:30 p.m. by Mayor H. E. Nagel. Members present were Mr. R. A. Nugent, Mr. T. E. Lee, Jr., Mr. Robert Sawyer, Mr. E. T. Gillespie, and Mr. H. E. Nagel. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous meeting of June 9, 1981. All Voted Aye. A Public Hearing was conducted on the upcoming Bond Election of July 7,1981, for the purpose of selling $2,000,000 in General Obligation bonds for the City's matching share of the E. P. A Wastewater Project and $650,000 in General Obli- gation bonds for Water System improvements. No questions or comments were received from the audience. A motion was made by Mr. Lee and ;recorded by Mr. Sawyer to approve the Resolution assigning ballot numbers for absentee voting and regular voting for the Bond Election of Tuesday, July 7, 1981. All Voted Aye. A RESOLUTION WHEREAS, Article 6.09 of Texas Election Laws has been amended so that official , ballots are to be counted before delivery to the Election Judge and the number of each entered of record on the Minutes of the governing body; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That 200 ballots be delivered for use in absentee voting ranging from Serial Number 701 through 900, and 1,800 ballots for use in regular voting on election day ranging from Serial Number 901. through 2,700. PASSED by the City Council this 23rd day of June, 1981. ATTEST: S /LADONNA FLOYD LaDonna Floyd, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas S/H . E.. NAGEL H. E. Nagel, Mayor City of Nederland, Texas 1 Minutes Continued, June 23, 1981 A Public Hearing was conducted for the purpose of obtaining written and oral comment from the public on the proposed usage of revenue sharing funds in the upcoming budget for Fiscal Year 1981 -1982 in accordance with rules of the Federal Office of Revenue Sharing. The Mayor said that the amount of unappropriated revenue sharing funds in the local trust fund was a zero amount and that the amount of revenue sharing funds expected to be received during the upcoming fiscal year is $113,436.00 and is budgeted as follows: REVENUE SHARING BUDGET FOR FISCAL YEAR OCTOBER 1, 1981 - SEPTEMBER 30, 1982 Actual Budget Budget 1979 -1980 1980 -1981 1981 -1982 Revenue $138,583.00 $113,436.00 $113,436.00 Expenses 138,878.33 113,436.00 113,436.00 *Street Lights $ 60,000.00 Electricity Water Plant 30,000.00 Electricity Building 23,436.00 Operating $113,436.00 No questions or comments were received from the audience. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the uses of Revenue Sharing Funds as outlined. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the City Attorney to intervene on behalf of the City of Nederland and draw up and file the necessary papers with the Public Utility Commission on the proposed rate increase for Southwestern Bell Telephone Company. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Williamsburg Park Section I townhouse project and authorize advertisement of bids to be received by 6:30 p.m., July 14, 1981, for the following: 1. 1,020 L.F. 8" water line and appurtenances 2. 660 L.F. 4" water line and appurtenances 3. 1,720 L.E. 8" sewer line and appurtenances. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve homestead exemptions as follows: Senior Citizens - $15,000 off market value Totally Disabled - $15,000 off market value Disabled Veterans - % of disability off market value. All Voted Aye. At this time Mr. Tommy Ryman, 2416 Avenue A, spoke to the Council about a problem he is having with patrons of Leo's Playhouse on Nederland Avenue. When they leave Leo's they drive through his yard, which is directly behind Leo's, causing ruts and damage to his property. No action was taken but the Mayor asked the City Manager and Chief of Police to check into the situation. Minutes Continued, June 23, 1981 A motion was made by Mr. Lee and :seconded by Mr. Nagel to award the bid for 340,000 black plastic garbage bags to Arrow Industries for their low bid of $53.20 for 1.5 mil. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to appoint the following City Officials in accordance with the City Charter from July 1, 1981, through June 30, 1982: Mrs. Alta Fletcher, City Secretary /Tax Assessor - Collector; J. B. McKinney, City Treasurer; Billy Neal, Police Chief; Mike Lovelady, Fire Chief /Fire Marshal; Melvin Franks, City Judge; and W. E. Sanderson, City Attorney; and appointment of Civil Defense Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Director, and Billy Neal, Assistant Director. All Voted Aye. At this time Mike Delgado, City Manager, introduced Steve Thrower to the Council as the new Parks and Recreation Director, to begin work Monday, June 29, 1981. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Periodical Estimate No. 10 in the amount of ;38,081.45 to Winter King & Son for the Nederland Recreation Building. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table an Executive Session on matters pertaining to personnel and the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V. A. 7'. S. All Voted Aye. Discussion items were as follows: 1. Jefferson County help on street program. , 2. Stanley DuCote, stopped up sewer each time it rains. 3. Good drainage on 18th Street during last rains. 4. Special Meeting on July 8, 1981, to canvas returns of Bond Election, 4:30 p.m., at City Hall. 5. Budget will be submitted at the next meeting. 6. Requests for street lights at 606 - 26 Street and 416 - 4 Street. 7. State requires cities, of our size, to have three pumping trucks and we have four. 8. Mid- County Municipal League meeting, 6- 22 -81, consulting firm wants of to pay them to take our garbage to help them do study on incinerators. 9. Nederland Avenue traffic - past six days 152 tickets issued. The meeting was adjourned at 9:00 p.m. H. E. angel —Mayor ATTEST: City of Nederland, Texas LaDonna Floyd, Acting City Secretary City of Nederland, Texas 1 35 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 8, 1981 The meeting was called to order at 4:40 p.m. by Mayor H.E. Nagel. Members present were Mr. T. E. Lee, Jr., Mr. Robert Sawyer, Mr. E. T. Gillespie, and Mr. H. E. Nagel. Member absent was Mr. R. A. Nugent. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the Minutes of the previous meeting of June 23, 1981, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the returns of the July 7, 1981, election as presented by Mrs. Luetta Powell, Election Judge, and to authorize payment to the election officials, and to adopt Ordinance No. 344 as follows. All Voted Aye. ORDINANCE NO. 344 AN ORDINANCE by the City Council of the City of Nederland, Texas, canvassing returns and declaring results of a bond election held July 7, 1981, and providing an effective date. WHEREAS, this governing body ordained that an election be held within this City on the 7th day of July, 1981, for the purpose of submitting certain propositions for the issuance of bonds to the resident electors of the City; and WHEREAS, it is hereby found and determined that said election was held in accordance with the authorizing proceedings, that notice of the election was duly given in the form, manner and time required by law, and that said election was in all respects legally held and conducted in accordance with the laws of the State of Texas applicable thereto; and WHEREAS, the returns of the said election have been made to this governing body and said returns, duly and legally made, show the following votes were cast on the propositions submitted at said election, to wit: PROPOSITION NUMBER 1 THE ISSUANCE OF $650,000 GENERAL OBLIGATION BONDS FOR IMPROVEMENTS AND EXTENSIONS TO THE CITY'S WATERWORKS SYSTEM "FOR" 152 votes "AGAINST" 42 votes TOTAL VOTES CAST 194 votes PROPOSITION NUMBER 2 THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS FOR IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SANITARY SEWER SYSTEM Minutes Continued, July 8, 1981 "FOR" 148 votes "AGAINST" 43 votes TOTAL VOTES CAST 191 votes , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That all of the recitals contained in the preamble of this ordinance are found to be true and are adopted as findings of fact by this governing body and as part of its judgement. SECTION 2: That it is further found and determined that the results of the election as canvassed and tabulated in the preamble hereof reflect the expressed desires of those persons voting at said election. SECTION 3: That a majority of the electors voting at said election having voted in favor of propositions numbered 1 and 2, this City Council hereby declares that it is authorized and empowered to issue bonds of the City in the amounts and for the purposes stated in said propositions numbered 1 and 2; all as more fully set forth and identified in the proceedings calling said bond election. SECTION 4: That this ordinance shall be effective from and after its passage, and it is so ordained. PASSED AND APPROVED, this the 8th day of July, 1981. S /HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: S /LADONNA FLOYD Acting City Secretary, City of Nederland, Texas (City Seal) Discussion items were as follows: 1. Ave. B @ So. 2, street was worked on and now water floods peoples yards. 2. 35 Street storm sewer has raw sewer in it. 3. Mike Ratcliff, So. 14 @ Ave. J, stop ups during rainy weather ever since we put in storm sewer. 4. Main "B" dam. The meeting was adjourned at 5:00 p.m. % Ti. E. Nagel, Mayo ATyyTEST: City of Nederland, Texas �� nn l LaDonna Floyd, Ac ing City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 14, 1981 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. R. A. Nugent, Mr. T. E. Lee, Jr., Mr. Robert Sawyer, Mr. E. T. Gillespie, and Mr. H. E. Nagel. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve the Minutes of the previous Special Meeting of July 8, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Chris Serres to Acting City Secretary during the absence of Mrs. Alta Fletcher, City Secretary. All Voted Aye. Sealed bids were received, opened, and read for the purchase of 120 L.F. 8" water lines and appurtenances, 660 L.F. 4" water lines and appurtenances, 720 L.F. 8" sewer lines and appurtenances. Bidders were as follows: Bella Company, 5% Bid Bond, $50,632.00 total bid, sixty (60) working days; Excavators and Constructors, Inc., 5% Bid Bond, $46,590.00 total bid, forty -five (45) working days; Maco Construction Company, 5% Bid Bond, $64,000.00 total bid, forty (40) working days; Greer Construction and Equipment Company, 5% Bid Bond, $54,388.09 total bid, sixty (60) working days; Morrison and Miller, Inc., 5% Bid Bond, $64,565.00 total bid, forty (40) working days; Blacksher and Son, Inc. and Robert Blacksher - A Joint Venture, 58 Bid Bond, $45,763.11 total bid, thirty (30) working days. After tabulation of bids, Mr. John I. Bamber and Mr. Spence Garsee recommended low bid be awarded to Blacksher and Son, Inc., and Robert Blacksher - A Joint Venture. A motion was made by Mr. Lee and seconded by Mr. Nugent to award the bid for 120 L.F. 8" water lines and appurtenances, 660 L.F. 4" water lines and appurtenances, 720 L.F. 8" sewer lines and appurtenances to Blacksher and Son, Inc. and Robert Blacksher - A Joint Venture and to authorize City Manager to execute a payback agreement for water and sewer lines and appurtenances. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following Resolution accepting the Budget for the City of Nederland as prepared and submitted by the City Manager covering the fiscal year beginning October 1, 1981 and ending September 30, 1982. All Voted Aye. A VVC!r)T.TTTT(lAT A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUB- MITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND END- ING SEPTEMBER 30, 1982. 1 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, 1981, and ending September 30, 1982. Minutes Continued, July 14, 1981 WHEREAS, such proposed and estimated budget, after due hearing and considera- tion, should be approved in its propsed, 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 is hereby accepted and a Public Hearing is hereby set for 6:30 P.M., August 11, 1981, to approve this budget in the propsed 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 14th day of July, A.D., 1981. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, Acting City Secretary City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Nugent to set a Public Hearing to be held on July 30, 1981 at 6:30 P.M., to adjust tax increase and to issue notice of the city's intent to adjust tax rate to $.66 per $100.00 of market value in accordance with Article 7244C - V. T. C. S. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of bills for the month of June, 1981. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to enter into a contract with Stanco, Inc. to supply water and sewer services to their business. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Change Order #7, Excavators and Constructors, Inc., Helena Street Paving Project, Job No. 380 -59P, in the amount of $54,298.83.. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve payment of the following estimated. All Voted Aye. 1. Mason Construction, Inc., Job No. 381 -22, Street Base Renovation, Estimate No. 1, in the amount of $14,200.00 2. Excavators and Constructors, Inc., Job No. 380 -59P, Helena Street Paving Project, Estimate No. 7 & Final, in the amount of $110,459.86. 3. Universal Tank & Iron Works, Inc., Job No. 380 -19C, Elevated Storage Tank, Estimate No. 5, in the amount of $33,750.00 A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 11, Winter King and Son, Nederland Recreation Building, in the amount of $28,492.20. Minutes Continued, July 14, 1981 A presentation of plans on the proposed fluoridation system improvements was made by Mr. Dave Perrell, City Engineer. After a full discussion, a motion was made by Mr. Lee and seconded by Mr. Sawyer to approve plans and to authorize advertisement of bids for proposed fluoridation system improvements to be received by 6:30 P.M., August 25, 1981. All Voted Aye. A presentation of plans for a two million gallon reinforced concrete ground storage tank and appurtenances was made by Mr. Dave Perrell, City Engineer. After a full discussion, a motion was made by Mr. Sawyer and seconded by Mr. Lee to approve plans for a two million gallon reinforced concrete ground storage tank and appurtenances and to authorize advertisement of bids to be received by 6:30 P.M., August 25, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve expenses and attendance for Kenneth Meaux, Assistant Public Works Director, and Glenn Franklin, Landfill Operator, to attend the Solid Waste Regulations Workshop to be held in Baytown, August 19 -20, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table any action or discussion on Gulf States Utilities rate increase. At this time Chief Neal reported on the problem Mr. Tommy Ryman, 2416 Avenue A, was having with patrons of Leo's Playhouse on Nederland Avenue. Chief Neal reported that he spoke with the owner of Leo's Playhouse, August Ienna, and Mr. Ienna agreed to match any kind of fence that Mr. Ryman wanted to put across the property line to keep patrons from driving through his yard. Mr. Ryman agreed that this would solve his problem. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table an Executive Session on matters pertaining to personnel and the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements pro- grams, Article 6252 -17 V. A. T. S. All Voted Aye. Discussion items were as follows: 1. No- Parking Here to Corner sign on Helena Avenue and 23rd Street being pulled up and parking on street. 2. Manhole on 35th Street not completed, problems with odors from raw sewage. 3. Helena and Nederland Avenue street striping. 4. Progress on signal lights at Avenue B and Twin City Highway. 5. Left turn signal Nederland Avenue and Twin City Highway. 6. Traffic on Nederland Avenue. The meeting was adjourned at 8:40 P.M. H. E Nagel, Mayor City of Nederland, Texas ATTEST: T Chris Serres, Acting City Secretary City of Nederland, Texas , `. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 28, 1981 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded. by Mr. Gillespie to approve the Minutes of the previous Regular Meeting of July 14, 1981. All Voted Aye. Mr. Vernon Hardcastle, owner of Business Plaza, acted as spokesman for businesses located west of Highway 69. He brought before the Council their request for pro- visions of water and wastewater services. After a full discussion a motion was made by Mr. Nagel and seconded by Mr. Lee for the City Manager and the City Engineers to study the possibilities of supplying service for water and wastewater to these businesses. All Voted Aye. Mr. D. F. Jackson, owner of the Hoagie House, requested an amendment to Ordinance #70, concerning Alcoholic Beverage Permits, to be made. Mayor Nagel explained to Mr. Jackson the reason this ordinance had been passed. After a full discussion, a motion was made by Mr. Nugent and seconded. by Mr. Gillespie to reject any action changing Ordinance #70. All Voted Aye. Mr. Dave Perrell, City Engineer, discussed the E.P.A. Wastewater Grant Offer with the Council and recommended that the City accept the Grant Offer at its reduced amount. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept the reduced E.P.A. Wastewater Grant Offer. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to set the intended tax rate at .62fi rather than .66C as discussed in the previous meeting. All Voted Aye. Murphy Vaught presented plans of the proposed Senior Citizen Center. After a full discussion of the plans, a motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertisement of bids for the Senior Citizen Center to be received by 6:30 P.M., August 25, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to appoint Mr. Robert Bodemuller to the Board of Equalization as an alternate for Mr. M. L. Lucke who will not be able to attend the meeting. All Voted Aye. Mr. John I. Bamber, Public Works Director, explained reasons for request to place a new street light at 606 26th Street and also to relocate a street light to the end of a dead -end street at 416 4th Street. After a discussion of these request was made a motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the request to add and relocate these street lights. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table any action on Gulf States Utilities rate increase. All Voted Aye. I Minutes Continued, July 28, 1981 After a recommendation from Mr. Dave Perrell, a motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement of bids to be received by 6:30 P.M., September 8, 1981, for high service pumps and water line in re- lation to two (2) million gallon ground storage tank, Job No. 380- 61 -C1. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve attendance and expenses of Mark Clayton and John LeJunie, water and wastewater plant opera- tors, to attend Unit II, Wastewater Treatment School on August 4 -6, 1981 at Orange, Texas. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table an Executive Session on matters pertaining to personnel and the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements pro- grams, Article 6252 -17, V. A. T. S. All Voted Aye. Discussion items were as follows: 1. High weeds in utility easement between 1' Street and 2nd Street. 2. Abandoned cars in yards at 1007 22nd Street, 1011 22nd Street, and Avenue B & So. 2nd Street. 3. 1981 Street Program. 4. Southern Union Gas rate increase. 5. Insurance Committee awarding low bid to U.S. Life on Hospitalization Insurance. 6. Busted Concrete in the 900 Blk. of Detroit for Drainage in order to continue street program. 7. Siren System for Civil Defense. The meeting was adjourned at 8:40 P.M. H. E. Nagel, May 6r City of Nederland, Texas ATTEST: Chris Serres, Acting City Secretary City of Nederland, Texas 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 30, 1981 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous Regular Meeting of July 28, 1981. All Voted Aye. A Public Hearing was held to discuss the proposed tax rate for the 1981 Budget. After a full discussion with the citizens who attended the Public Hearing a motion was made by Mr. Nagel and seconded by Mr. Lee to set the intended tax rate at .62G for the 1981 Budget. All Voted Aye The meeting was adjourned at 8:55 P.M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: , Chris Serres, Acting City Secretary City of Nederland, Texas 1 t REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 11, 1981 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous Special Meeting of July 30, 1981. All Voted Aye. Mr. Robert Bodemuller reported on the Board of Equalization Meetings that were held August 6 -7, 1981. Mr. Mike Delgado, City Manager, briefly reviewed increases and expenditures of the 1981 -1982 Budget making special mention of new expenditures and net gains in personnel. Mr. H. E. Nagel, Mayor, rad an Amendment to Ordinance No. 155 and Ordinance No. 345. After a full discussion a motion was made by Mr. Nagel and seconded by Mr. Sawyer to adopt the 1981 -1982 Budget with schedule of changes as attached and to approve the Amendment of Ordinance NO. 155 and passage of Ordinance No. 345. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, AND GAR- BAGE 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 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: *WATER RATES Residential and Commercial: Inside Outside City City First 2,000 Gallons (minimum) $ 3.00 $ 6.00 All over 2,000 Gallons (Per M) 1.00 2.00 *Or as required by provisions of outside city contracts *SEWER RATES & * *SEWER USAGE DISCOUNTS Residential (Per Month) 2,000 Minimum $ 4.70 $ 9.40 Next 6,000 Gallons (Per M) .65 1.30 Minutes Continued, August 11, 1981 All over 8,000 Gallons $ .65 $ .65 Commercial (Per Month) 2,000 Minimum 4.70 9.40 Next 6,000 (Per M) .65 1.30 All over 8,000 Gallons (Per M) .65 .65 *Or as required by provisions of outside city contracts WATER CONNECTION FEES 3/4" Meter (Sewer Usage Discount) ** $ 50.00 $ 75.00 3/4" Water Tap 120.00 180.00 1" Water Tap 175.00 262.50 1 -1 2" Water Tap 400.00 600.00 2" Water Tap 600.00 900.00 Over 2" Tap Material Cost + 20% * *Upon request the City will install a 3/4" meter to adjust sewer usage for water used other than normal. Residences - 4" Sewer Tap 6" Sewer Tap 8" Sewer Tap *SEWER CONNECTION FEES WATER METER DEPOSITS $100.00 $150.00 150.00 225.00 200.00 300.00 1 Residential Customers $ 25.00 $ 50.00 , Baber shops & beauty shops, drug stores, apartment houses, motels, hotels, trailer courts, (3 or more units), 2 family dwellings, rental establishments such as dry good stores, services stations, florist, clinics, funeral homes, insurance offices, attorneys, real estate, plumbing supply, garages $ 35.00 $ 70.00 Cleaning shops and self service laundries $ 75.00 $150.00 Cafes, restaurants and cafeterias, "drive- inns ", and drug stores $100.00 $200.00 Laundries $150.00 $300.00 GARBAGE RATES Inside City Outside City Residential (Per Month) $ 7.00 $ 9.50 A - Commercial (Per Month) 7.50 10.00 B - Commercial (Per Month) 9.50 14.00 C - Commercial (Per Month) 11.50 17.00 D - Commercial (Per Month) 14.50 22.00 E - Commercial (Per Month) 18.50 27.50 F - Commercial (Per Month) 22.50 33.50 G - Commercial (Per Month) 27.50 41.00 t Minutes Continued, August 11, 1981 $ 32.50 $ 48.50 42.50 63.50 52.50 78.50 TRASH REMOVAL RATES Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of a residence when it becomes necessary to clear a ditch of trash during or before a rainstorm to prevent possible flooding. Miscellaneous trash, trees, and brush from empty (underdeveloped) property must be hauled off by the owner or 6eveloper at their expense. The City will serve garbage paying customers only. 2. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjusted 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 unconsti- tutional. 3. This Amendment to Ordinance No. 155 shall become effective with the October, 1981 billing. PASSED AND APPROVED BY THE CITY COUNCIL, City of Nederland, Texas at a Regular Meeting, this the 11th day of August, A.D., 1981. ATTEST: Chris Serres, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas ORDINANCE NO. 345 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 1981, 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. 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: H - Commercial (Per Month) I - Commercial (Per Month) J - Commercial (Per Month) t Minutes Continued, August 11, 1981 $ 32.50 $ 48.50 42.50 63.50 52.50 78.50 TRASH REMOVAL RATES Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of a residence when it becomes necessary to clear a ditch of trash during or before a rainstorm to prevent possible flooding. Miscellaneous trash, trees, and brush from empty (underdeveloped) property must be hauled off by the owner or 6eveloper at their expense. The City will serve garbage paying customers only. 2. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjusted 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 unconsti- tutional. 3. This Amendment to Ordinance No. 155 shall become effective with the October, 1981 billing. PASSED AND APPROVED BY THE CITY COUNCIL, City of Nederland, Texas at a Regular Meeting, this the 11th day of August, A.D., 1981. ATTEST: Chris Serres, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas ORDINANCE NO. 345 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 1981, 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. 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Minutes Continued, August. 11, 1981 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 eighty - one (1981) upon all property, real, personal and mixed within the corporate limits of the said city, subject to taxation. A tax of sixty -six cents (.66fi) of each one hundred dollars ($100.00) valuation of property siad tax being levied and apportioned to specific purposes herein set forth: (a) For the maintenance and support of General Government (General Fund) 47.25% of each one dollar ($1.00) levied on the 1981 Tax Roll. (b) For the purpose of paying interest and principal on the seven hundred seventy -five thousand dollar ($775,000.00 Water and Sewer Improvement Bonds, Series 1959, 3.19% of each one dollar ($1.00) levied on the 1.981 Tax Roll. (c) For the purpose of paying interest and principal on three hundred twenty -five thcusand dollar ($325,000.00) Water and Sewer Improvement Bonds, Series 1960, . .95% of each one dollar ($1.00) levied on the 1981 Tax Roll. (d) For the purpose of paying interest and principal on two hundred twenty -five thousand dollar ($225,000.00) Water and Sewer Improvement Bonds, Series 1961, . .65% of each one dollar ($1.00) levied on the 1981 Tax Roll. (e) For the purpose of paying interest and principal on the twenty , thousand dollar ($20,000.00) Fires Station Bonds, Series 1962, 10% of each one dollar ($1.00) levied on the 1981 Tax Roll. (f) For the purpose of paying interest and principal on the five hundred thousand ($500,000.00) dollar Street Improvements Bonds, Series 1962, 1.32% of each one dollar ($1.00) levied on the 1981 Tax Roll. (g) For the purpose of paying interest and principal on the three hundred thousand dollar ($300,000.00) Street Improvement Bonds, Series 1963, .92% of each one dollar ($1.00) levied on the 1981 Tax Roll. (h) For the purpose of paying interest and principal on the one million eighty thousand dollar ($1,080,000.00) Street Improvement Bonds, Series 1967, 2.81% of each one dollar ($1.00) levied on the 1981 Tax Roll. (i) For the Purpose of paying interest and principal on the four hundred fifty thousand ($450,000.00) dollar Street Improvement Bonds, Series 1969, 1.69% of each one dollar ($1.00) levied on the 1981 Tax Roll. (j) For the purpose of paying interest and principal on the three hundred fifty thousand dollar ($350,000.00) Sewer Improvement Bonds, Series 1970, 1.74% of each one dollar ($1.00) levied on the 1981 Tax Roll. (k) For the purpose of paying interest and principal on the two hundred fifty thousand dollar ($250,000.00) Park Improvement Bonds, Series 1978, 1.07% of each one dollar ($1.00) levied on the 1981 Tax Roll. (1) For the purpose of paying interest and principal on the two million seven hundred fifty thousand ($2,750,000.00) dollar Street Improvements Bonds, Series 1978, 11.37% of each one dollar ($1.00) levied on the 1981. Tax Roll. Minuted Continued, August 11, 1981 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 1981. SECTION III That the ad valorem taxes herein levied for the year 1981 shall become due January 1, 1981, though payable on the first day of October, 1981, and may be paid up to and including January 31, 1982, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1982, and the following penalties shall be payable thereon to -wit: If paid during the month of February, one percent (1%); if paid during the month of March, two percent (2%); if paid during the month of April, three percent (3%); if paid during the month of May, four percent (4%); if paid during the month of June, five percent (5%); and if paid on or after the 1st day of July, 1982, eight percent (8%) penalty. Such unpaid taxes shall bear interest rate of 7% per annum from February 1, 1982, the same being the next year succeeding the year 1981; and if paid on or after the lst day of July 1982, 7% interest; for which such taxes are hereby levied or assessed. Tax cost shall be one dollar ($1.00). SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1982, and shall be paid and collected as provided in Section 2 and 3 hereof. PASSES AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL of the City of Nederland at its regular meeting of the said Council this 11th day of August, 1981. 1 (m) For the purpose of paying interest and principal on the eight hundred fifty thousand dollar ($850,000.00) Park Improvement Bonds, Series 1980, 4.89% of each one dollar ($1.00) levied on the 1981 Tax Roll. (n) For the purpose of paying interest and principal on the one hundred thirty thousand dollar ($130,000.00) Library Improvement Bonds, Series 1980, .41% of each one dollar ($1.00) levied on the 1981 Tax Roll. (o) For the purpose of paying interest and principal on the one million twenty thousand dollar ($1,020,000.00) Street Improve- ment Bonds, Series 1980, 5.60% of each one dollar ($1.00) levied on the 1981 Tax Roll. (p) For the purpose of paying interest and principal on the two million six hundred fifty thousand dollar ($2,650,000.00) Water and Sewer Bonds, Series 1981, 16.04% of each one dollar ($1.00) levied on the 1981 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 1981. SECTION III That the ad valorem taxes herein levied for the year 1981 shall become due January 1, 1981, though payable on the first day of October, 1981, and may be paid up to and including January 31, 1982, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1982, and the following penalties shall be payable thereon to -wit: If paid during the month of February, one percent (1%); if paid during the month of March, two percent (2%); if paid during the month of April, three percent (3%); if paid during the month of May, four percent (4%); if paid during the month of June, five percent (5%); and if paid on or after the 1st day of July, 1982, eight percent (8%) penalty. Such unpaid taxes shall bear interest rate of 7% per annum from February 1, 1982, the same being the next year succeeding the year 1981; and if paid on or after the lst day of July 1982, 7% interest; for which such taxes are hereby levied or assessed. Tax cost shall be one dollar ($1.00). SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1982, and shall be paid and collected as provided in Section 2 and 3 hereof. PASSES AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL of the City of Nederland at its regular meeting of the said Council this 11th day of August, 1981. 1 Minutes Continued, August 11, 1981 -S/HOMER E. NAGEL Homer E. Nagel, Mayor City Of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, Acting 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. Lee and seconded by Mr. Gillespie to authorize Chris Serres, Acting City Secretary, to sign checks in the absence of Mrs. Alta Fletcher, City Secretary. All Voted Aye. Steve Thrower gave a report to the Council on the completion of the Recreation Center and recommended that Certification of Substantial Completion be approved. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve Certification , of Substantial Completion for the Nederland Recreation Center. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of bills for the month of July. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the letter thanking Commissioner Jim Smith and his staff, Jefferson County Precinct No. 2, for their assistance on the Annual Street Renovation Program. All Voted Aye. Will Lorain, Engineer, reported on Job No. 380 -15, Traffic Signals and Job No. 380 -19C, Elevated Storage Tank. After a brief discussion on these two jobs, a motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payments to Statewide Signal and Electrical, Inc., Job No. 380 -15, Traffic Signals, in the amount of $2,850.00 and Universal Tank & Iron Works, Inc., Job No. 380 -19C, Elevated Storage Tank, Estimate No. 6, in the amount of $27,360.00. All Voted Aye. David Reagan, Engineer, presented plans for high services pumps and water line in relation to two (2) million gallon ground storage tank, Job No. 380- 61 -C1. After the plans were presented in detail, a motion was made by Mr. Sawyer and seconded by Mr. Lee to approve these plans. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table an Executive Session on matters pertaining to personnel and the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements ' programs, Article 6252 -17, V. A. T. S. All Voted Aye. Minutes Continued, August 11, 1981 1. High weeds in utility easement between 1� Street and 2nd Street. 2. Traffic Signals at 27th Street and Helena Avenue. 3. Policy on distribution of garbage bags to apartments. 4. Complaints of livestock and amending present Ordinance. 5. Possibility of raising Landfill Fees. 6. The need to put Fire Truck up for bids. 7. Striping of Helena Avenue and Nederland Avenue. 8. Issuing of citations to vehicles parking in Fire Lanes. The meeting adjourned at 8:00 P.M. ATTEST: Chris Serr s, Acting City Secretary City of Nederland, Texas 1 1 If. E. Nagel, Maj%r City of Nederland, Texas J 0 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 25, 1981 I 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the Minutes of the previous Regular Meeting of August 11, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve expenses for the Equalization Board of $200.00 per member. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer bids received for proposed Senior Citizen Center to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to refer bids received for proposed fluoridation system improvements to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer bids received for two (2) million gallon reinforced concrete ground storage tank and appurtenances to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Ordinance #346 , suspending rate increase for Southern Union Gas. All Voted Aye. ORDINANCE NO. 346 AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE BY SOUTHERN UNION GAS COMPANY OF ITS RATES FOR GAS SERVICE IN THE CITY OF NEDERLAND: PROVIDING THE REASONS THEREFORE: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 28, 1981, Southern Union Gas Company filed with the City of Nederland, its Statement of Intent to increase its rates for gas utility service in the City, such rate increase to become effective thirty - five (35) days after date of delivery of statement, and WHEREAS, the City Council has determined that Southern Union Gas Company's Statement of Intent to increase its rate for gas utility service in the City, effective as aforesaid, should be suspended for an additional ninety (90) days from August 25, 1981, for the following reasons: (1) The City Council has not had sufficient time to analyze and study the proposed increase, (2} The City Council needs additional time to employ and study the recommendations of a qualified rate consultant. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION I: That the proposed increase by Southern Union Gas Company , of its rates for gas utility service in the City be, and is hereby, sus- pended for a period of ninety (90) days from August 25, 1981. Minutes Continued, August 25, 1981 J� SECTION II: 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 25th day of August, 1981. ATTEST: S /CHRIS SERRES Chris Serres, Acting City Secretary City of Nederland, Texas S /HOMER E. NAGEL Homer E. Nagel, Mayor 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 A motion was made by Mr. Nagel and seconded by Mr. Nugent to table any action on Gulf States Utility increase. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the rate increase for those acquiring permits to use the Mid - County Municipal League Sanitary Landfill. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertisement for bids on the John Bean Fire Truck to be received before 6:30 P.M., October 12, 1981. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of expenses for Mr. Gary Collins, fireman, to attend the police academy to be held in Beaumont, beginning September 2, 1981. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize the Nederland Police Department to escort buses to football games out -of- town. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to appoint Mr. Everett W. Browning, Certified Public Accountant, as auditor for the City of Nederland. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimate No. 12, Winter King and Son, for the Nederland Recreation Building in the amount of $6,874.20. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve payment on Estimate No. 2, Job No. 380 -15, Statewide Signal and Electrical, Inc., in the amount of $12,600. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table any action on matters pertaining to the purchase of right -of -way and properties necessary for implementation for the City of Nederland improvements programs. Fj`) Minutes Continued, August 25, 1981 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept a letter of resignation from Mike Delgado, City Manager. All Voted Aye. Discussion Items: 1 1. Pickup Truck being left on side of the road on 14th Street for some time. 2. Ambulance Ordinance. The meeting was adjourned at 9:05 P.M. iI E. Nagel, or City of Nederland, Texas ATTEST: Chris terresilActing City Secretary City of Nederland, Texas t I� SPECIAL (EMERGENCY) MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 6:30 P.M. September 8, 1981 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer bids received for high service pumps and water line in relation to two (2) million gallon ground storage tank to the City Manager and his staff for study and recommendation. All Voted Aye. ATTEST: Chris Serre , Acting City Secretary City of Nederland, Texas 1 / V 5"X H. E. Nagel, Mayor City of Nederland, Texas 54 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 8, 1981 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the Regular Meeting of August 25, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to reject bids received for Senior Citizen Center and to reauthorize advertisement for bids to be received before 6:30 P.M., September 29, 1981. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve changing of the boundary lines of Jefferson County Precinct No. 56 according to the map located at the Jefferson County Court House. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the Certificate of Approval and Acceptance of 1981 Assessment Rolls as recommended by the Board of Equalization. All Voted Aye. CERTIFICATE OF APPROVAL AND ACCEPTANCE OF 1961 ASSESSMENT ROLLS FOR THE CITY OF NEDERLAND, TEXAS, BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. The Assessment Rolls of the City of Nederland, Texas for the Tax , Year 1981, as set out below, are hereby approved and accepted by the City Council of the City of Nederland, Texas, and passed by the Board of Equalization as to the Valuation of Real and Personal Property within the City. Valuation Amount Land Improvements $293,005,117 Personal Property 23,224,742 TOTAL $316,229,859 Given under my hand and seal of office by authority of the City Council, this the 8th day of September, A.D., 1981. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES ' Chris Serres, Acting City Secretary City of Nederland, Texas Minutes Continued, September 8, 1981 A motion was made by Mr. Lee and seconded by Mr. Sawyer to reject bids received for fluoridation system and to reauthorize advertisement for bids to be received before 6:30 P.M., September 29, 1981. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve passage of Resolution authorizing Mayor Nagel to sign agreement with Department of Public Transportation and Public Safety. All Voted Aye. RESOLUTION WHEREAS, the Mayor, acting for the City of Nederland, has signed an agreement with Department of Public Transportation and of Public Safety, acting for the State of Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor has the approval of the City Council to act as the City's representative with regards to this agreement between the City of Nederland and State of Texas. PASSED by the City Council this 8th day of September, 1981. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: )7 W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Change Order No. 1, Mason Construction, Inc., Nederland Street Renovation Program in the amount of $1,058.24 and payment of Estimate No. 2 in the amount of $9,314.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Howard McDaniel as City Manager beginning September 14, 1981 with his salary starting out at the itbudgeted salary for City Manager for October 1, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table any action pertaining to the purchase of right -of -way and properties necessary for implementation for City of Nederland Improvements Programs, Article 6252 -17, V.A.T.S. All Voted Aye. ) ) Minutes Continue, September 8, 1981 Discussion Items: 1. Junk cars in yard in the 100 Block of Chicago. 2. Pit Bulldog causing a lot of concern to citizens in the 3600 Block of Elgin. The meeting adjourned at 7:15 P.M. H. E. Nagel, May r City of Nederland, Texas ATTEST: Chris Serres, Acting City Secretary City of Nederland, Texas 1 f] JT REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 15, 1981 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. H. E. Nagel, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. Members absent were Mr. R. A. Nugent. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the Minutes of the Special Meeting of September 8, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to award the bid for two (2) million gallon reinforced ground storage tank to Jalco, Inc., and to table any action on appurtenances at this time. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve raising landfill fee for customers in Mid- County Municipal League to $2.00 per customer per month and one (1) time assessment of $1.50 to be effective October 1, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to award the bid for water lines in relation to the two (2) million gallon ground storage tank to Bella Company and to table any action on high service pumps and renovation of storage sheds. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of bills for the month of August. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve attendance and expenses for James Byers, Building Official, to attend the 1981 Southern Building Code Annual Research and Education Conference to be held in Orlando, Flordia, October 24 -30, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment on Estimate No. 7, Universal Tank & Iron Works, Inc., Elevated Storage Tank, Job No. 380 -19C, in the amount of $31,266.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment on Estimate No. 3 and Final, Mason Cosntruction Inc., Annual Street Renovation Program, Job No. 381 -22, in the amount of $2,612.50. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table any action pertaining to personnel matters and to the purchase of right -of -way and properties necessary for implementation for City of Nederland improvements programs, Article 6252 -17, V.A.T.S. All Voted Aye. Discussion Items: 1. Garbage rates for commercial customers. The meeting adjourned at 7:00 P.M. H. E. Nagel, Mayor -Y City of Nederland, Texas ATTEST: Chris Serres, Acting City Secretary City of Nederland, Texas 5R REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 29, 1981 ' 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the Minutes of the Regular Meeting of September 15, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer bids received for the proposed Senior Citizen Center to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to set Public Hearing to rezone two (2) - three (3) acre tracts of land located in the 3300 block of Canal Avenue from Residential to Semi - Residential and Parking District for November 10, 1981 at 6:30 P.M. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve attendance and expenses for Jerry McNeill, Civil Defense Director and Billy Nedal, Assistant Civil Defense Director, to attend the Texas Gulf Coast Civil Defense Association Annual Conference in Lake Jackson, Texas, October 28 -30, 1981. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve attendance and expenses for Assistant Chief Homer Taylor to attend the 45th National Robbery and Homicide Conference in Hot Springs, Arkansas, October 4 -7, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table any action on bids received on 1956 John Bean fire truck. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve appointment of Chris Serres to City Secretary, Tax Assessor - Collector from September 29, 1981 through June 30, 1982. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to refer bids received for water treatment fluoridation equipment to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize awarding of informal bids for fire communication equipment to Motorola Corporation of Houston in the amount of $4,400.00 plus $375.00 installation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize advertisement of bids for the purchase of various city vehicles to be received before 6:30 P.M., October 20, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table awarding of bids on balance line and high service pump to Morrison and Miller. All Voted Aye. 59 Minutes Continued, September 29, 1981 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action on appointment of Mr. Charles Lankford as the City's nomination for representative to the Jefferson County Appraisal District Board of Directors. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment of Estimate No. 13, Winter King and Son in the amount of $65,412.56. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve acceptance of water and sanitary sewer utilities in Williamsburg Park Section I; and to authorize final payment to Blacksher and Son, Inc., in the amount of $45,531.61, and authorize total payback to developer in the amount of $48,263.51 as per Ordinance No. 121. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve resolution suspending the operation on proposed rate schedules filed by Gulf States Utilities Company for a period of 30 days beyond the 120 days after the date on which such schedules would otherwise go into effect. All Voted Aye. RESOLUTION A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY GULF STATES UTILITY COMPANY FOR A PERIOD OF THIRTY (30) DAYS BEYOND THE ONE HUNDRED TWENTY (120) DAYS AFTER THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWIDE GO ' INTO EFFECT. WHEREAS, Gulf States Utility Company did, on May 1, 1981, file a schedule of rates for service within the City of Nederland to become effective June 5, 1981; and WHEREAS, after having considered the presentation of Gulf States Utility Company, it is the opinion of the City Council of the City of Nederland that such schedule of rates should be suspended for an additional thirty (30) days until November 3, 1981, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, a copy of this resolution has been provided Gulf States Utility Company. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Pursuant to Section 43(d) of the Public Utility Regulatory Act, the operation of the Gulf States Utility Company's proposed rate schedules filed with the City of Nederland on May 1, 1981, is hereby suspended for an additional thirty (30) days until November 3, 1981, for further study, investigation, presentation of evidence and public hearing. ADOPTED by the City Council of the City of Nederland on this the 29th day ' of September, 1981. S /HOMER E. NAGEL Mayor ATTEST: S /CHRIS SERRES City Secretary 60 Minutes Continued, September 29, 1981 Discussion Items: 1. Helena Avenue striping job. 2. Livestock corner of 9th Street and Franklin Avenue. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive session relating to personnel and legal matters. All Voted Aye. The meeting adjourned at 7:10 P.M. Nagel,'MayOr ` City of Nederland, Texas ATTEST: Chris Serresr, Acting City Secretary City of Nederland, Texas it 1 61 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. October 13, 1981 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve the Minutes of the meeting of September 29, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve an amendment to Ordinance No. 164 changing the second regular monthly meeting in October from October 27, 1981 to October 20, 1981. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 7, 1981, THROUGH APRIL 6, 1982. 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 21 May 12, 26 June 9, 23 July 14, 28 August 11, 25 September 15, 29 October 13, 20 November 10, 24 December 8, 22 January 12, 26 February 9, 23 March 9, 23 April 6 Any and all ordinances of the City of Nederland, Texas which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting, this the 13th day of October, 1981. S /HOMER E. NAGEL ' Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas G2 Minutes Continued, October 13, 1981 A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve attendance and expenses for the Mayor, City Council, City Manager, and the City Attorney to I attend the annual Texas Municipal League Conference in San Antonio, Texas, October 24 -27, 1981. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for the installation of water equalization line and high service pumps in the amount of $266,889.00 to Morrison and Miller. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to reject bids received on Proposal No. 3, water plant storage building renovation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize readvertise- ment of bids with alternates for a two (2) million gallon ground storage water tank to be received before 6:30 P.M., November 24, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to award the bid for providing water treatment fluoridation equipment in the amount of $7,378.00 to Wallace and Tiernan (Penwalt). All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award the bid for construction of the Senior Citizen Center in the amount of $79,769.00 to Gary Clark Contractors. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment on Estimate No. 8 in the amount of $4,067.00 to Universal Tank and Iron Works, Inc., Job No. 380 -19C and to approve Change Order No. 3 in the.amount of $2,000.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertisement of bids to be received November 10, 1981, for 340,000 black plastic garbage bags. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a resolution appointing Mr. Jack Bowser as the City's nomination for representative to the Jefferson County Appraisal District Board of Directors. All Voted Aye. CITY OF NEDERLAND A RESOLUTION WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and, WHEREAS, the Acts provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act; and, WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and, WHEREAS, the City of Nederland is desirous of having representation on I the Board of Directors of the Appraisal District: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland in compliance with Senate Bill No. 621 hereby nominates the following 1 Minutes Continued, October 13, 1981 i''' candidate or candidates for the Board of Directors for the Appraisal District: Jack Bowser SO RESOLVED, this the 13th day of October, 1981. S/H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, Acting City Secretary City of Nederland ' 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. Gillespie to authorize payment of bills for the month of September. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive session relating to personnel and legal matters. All Voted Aye. The meeting adjourned at 8:00 P.M. H E. Nagel, or City of Nederland, Texas ATTEST: 1 Chris Serres, City Secretary City of Nederland, Texas 64 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , 6:30 P.M. October 20, 1981 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the Meeting of October 13, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve flu shots for City Employees. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer bids re- ceived for various city vehicles to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Ordinance No. 347 providing for a rate increase for Gulf States Utilities Company as recommended by the Touche -Ross rate study. All Voted Aye. ORDINANCE NO. 347 AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY GULF STATES UTILITIES ' COMPANY IN THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES, AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN. WHEREAS, On May 1, 1981, Gulf State Utilities Company filed with the City of Nederland a request for an increase in rates to be charged within the City in the amount of approximately $131.5 million per annum on a system -wide basis, an increase of approximately 35.2% in total revenues and 58.9% in base rate revenues, and WHEREAS, The City, having suspended the effective date of such proposed rate increase from June 5, 1981, and having considered the same at a public hearing, is of the opinion and finds that an increase in rates should be ap- proved. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That in increase in the rates, tariffs and charges of Gulf States Utilities Company for electric power and energy sold within the City be approved in an amount such that the adjusted total system -wide operating revenues for the Company be increased $48.9 million per annum, based on the adjusted test year ending December 31, 1981. Such Schedule of Rates, as are approved in a- cordance herewith, are those under which said Company shall be authorized to render electric service and to collect charges from its custo- mers for the sale of electric power and energy within the corporate limits of the City until such time as said Rate schedules may be changed, modified, amended, or withdrawn, with the approval of the City Council. SECTION 2: That Gulf States Utilities Company shall, within ten (10) days from the final passage of this Ordinance, file with the City a revised Schedule of Rates and Tariffs setting forth those rates, tariffs and charges Minutes Continued, October 20, 1981 U J based upon an increase in total operating revenues as prescribed herein. Such of the City of Nederland within twenty (20) days from the final passage of this Ordinance, otherwise, same shall be considered approved as filed. Such Schedule of Rates and Tariffs, as same shall be modified or amended, shall be effective from and after final passage of this Ordinance and shall apply to all power and energy used by each customer after the final passage of this Ordinance. SECTION 3: That the action of the City Council of the City of Nederland enacting this Ordinance constitutes, on the date of its final passage a final determination of rates for Gulf States Utilities Company within the City of Nederland in accordance with Section 43(e) of the Public Utility Regulatory Act. SECTION 4: Nothing in this Ordinance contained 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 Gulf States Electric Company. PASSED AND APPROVED at a Regular Meeting of the City Council of the City of Nederland, Texas, this the 20 day of October, 1981. S /H. E. NAGEL Mayor IATTEST: S /CHRIS SERRES City Secretary A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table action on the City of Nederland participating with the Mid - County Municipal League in a Southern Union Gas Rate Study. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a new policy for use of Public Buildings which would require a $25.00 deposit. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Police Escort of school buses to football games out -of -town. 2. Painting of Water Tank on Avenue E. 3. Trash Pick Up Schedule. The meeting adjourned at 7:25 P.M. E. Nagel, M.Vor City of Nederland, Texas ATTEST: Chris Serred, City Secretary City of Nederland, Texas M REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' 6:30 P.M. November 10, 1981 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of October 20, 1981. All Voted Aye. A public hearing was conducted on the request of Mark W. Whitely and Associates to rezone from residential to semi - residential and parking district two (2) - three (3) acre tracts of land located in the 3300 block of Canal Avenue. A motion was made by Mr. Nagel and seconded by Mr. Nugent to deny any amendment to Ordinance No. 146 changing from residential to semi- residential and parking district two (2) three (3) acre tracts of land located in the 3300 block of Canal Avenue. Voting Aye: Mayor H. E. Nagel, Councilmen R. A. Nugent, E. T. Gillespie, T. E. Lee, Jr. Voting No: Councilman R. D. Sawyer. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to award the bid for 340,000 black plastic garbage bags to B & E Packaging provided that the plastic garbage bags met with the City's specifications. All Voted Aye. ' A motion was made by Mr. Lee and seconded by Mr. Gillespie to award bids for various city vehicles as follows: low bid for police car to Philpott Ford; low bid for two 1i ton pickup trucks to Energy Country Ford; low bid for trash truck chassis to Tidelands International; low bid for dump truck chassis to Philpott Ford. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize fourth and final payment to Statewide Signal and Electrical Services in the amount of $19,195.11, Job No. 380 -15, Helena at 27th Street and Hwy. 347 at Avenue B. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a Resolution casting the City of Nederland's 65 votes for Jack O. Bowser as it's representative on the Board of Directors of the Jefferson County Appraisal District. All Voted Aye. CITY OF NEDERLAND A RESOLUTION WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and, 1 Minutes Continued, November 10, 1981 WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act; and, WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and, WHEREAS, the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District; and, WHEREAS, the Act entitles each taxing unit to vote and determine its vote by resolution submitted to the county clerk before November 15: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland in compliance with Senate Bill No. 621 hereby casts its entire vote as follows: Jack O. Bowser 65 Ralph S. Grantham S. L. Greenberg Henry C. Hendrix Nicholas V. Lampson Alfred Z. McElroy So RESOLVED, this the 10th day of November, 1981. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas IATTEST: S /CHRIS SERRES Chris Serres, 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. Sawyer and seconded by Mr. Lee to authorize payment on Estimate No. 9 in the amount of $8,725.42 to Universal Tank & Iron Works, Inc. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize payment of bills for the month of October. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive ' session relating to personnel and legal matters. All Voted Aye. 68 Minutes Continued, November 10, 1981 Discussion Items: 1. Mr. Franklin's driveway needs repairing from where the city had to tear it up to repair a sewer line. 2. Street lights out on Highway 69 @ Airport Entrance. 3. Fire Hydrant being used on Highway 69 @ Airport Entrance. 4. Leveling dirt on 17th Street. The meeting adjourned at 8:50 P.M. H. E. Nagel, Maybr City of Nederland, Texas ATTEST: � ''X C, Chris Serre , City Secretary City of Nederland, Texas 1 1 0" REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 24, 1981 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of November 10, 1981. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Ordinance No. 348 setting new rates requested by Southern Union Gas Company. All Voted Aye. ORDINANCE NO. 348 AN ORDINANCE FIXING AND REGULATING THE MAXIMUM RATES TO BE CHARGED FOR GAS SERVICE TO CUSTOMERS IN THE CITY OF NEDERLAND; AND REPEALING ALL CONFLICTING ORDINANCES. WHEREAS, Southern Union Gas Company has filed its Statement of Intent dated July 28, 1981, to change the rates in the Company's Port Arthur Service area, which includes the City of Nederland; and, ' WHEREAS, Southern Union Gas Company has fulfilled its obligation to provide notice of the change in rates by publication of such notice; and, WHEREAS, no complaint has been received within the statutory 45 day period after notice of the change in rates has been filed with the City; and, WHEREAS, the City Council of the City of Nederland, after informal study and consideration of the Company's Statement of Intent, desires to establish hereby the maximum rates to be charged general service customers for gas service in the City of Nederland; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1. That an increase in the rates, tariffs and charges of Southern Union Gas Company for gas service sold within the City be approved in an amount such that the adjusted total Port Arthur Service Area (comprised of the City of Port Arthur, Griffing Park, Groves, Port Neches, Nederland, and environs) operating revenues for the Company be increased $883,404.00 per annum, based on the adjusted year ending December 31, 1980. Such Schedules of Rates, as are approved in accord- ance herewith are set out in Exhibits being attached hereto and made a part hereof, and designated General Service Rate, Optional Air Conditioning Rate, Large Volume Service Rate, Special Contract School Rate, and Special Rate Adjustment Rider No. 1 and Rider No. 2. Such Schedules of Rates are those under which said Company shall be authorized to render gas service and to collect charges from its customers for the sale of gas within the corporate limits of the City. 17() Minutes Continued, November 24, 1981 Section 2. The rates provided herein are authorized as maximum rates and are to be effective with meters read on and after December 15, 1981. Section 3. Nothing in this Ordinance contained 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 Southern Union Gas Com- pany. Section 4. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed to the extent of the conflict. Section 5. This being an Ordinance not requiring a penalty, it shall take effect from and after its passage. READ, ADOPTED AND APPROVED this 24th day of November, A.D., 1981, at a Regular Meeting of the City Council of the City of Nederland, Texas. S /HOMER E. NAGEL Homer E. Nagel City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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. Lee and seconded by Mr. Gillespie to accept applications for "on premises" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: Kenny's Sandwich Shop, 2300 Hwy. 365; The Nederland Club, 323 Twin City Hwy.; Pizza Inn, 3520 Nederland Avenue; The Berrie Patche, Inc., 324 13th Street; Club 493 of the American Legion, 922 Nederland Avenue; Geneva's Seafood, 3324 Nederland Aveneue; The Hoagie House, 1139 Nederland Avenue; Irene's Lounge, 147 Twin City Hwy.; Italian Restaurant & Flying Pizza, 3603 Nederland Avenue, Ken's Pizza, 2750 Nederland Avenue; La Suprema Tortilla Bakery, 3106 Hwy. 365; Peggy's Seafood, 103 Nederland Avenue; The Schooner Restaurant, 1507 So. 38th Street; La Fiesta Restaurant, 535 Twin City Hwy.; Linders Barbeque, 1203 Hwy. 69. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertising for bids to be received on or before January 12, 1982, 6:30 P.M., for a house located at 3112 Avenue G, to be sold by the City for moving or demolition. All Voted Aye. Minutes Continued, November 24, 1981 A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize readvertisement for bids to be received on or before January 26, 1982, 6:30 P.M., for construction of a two (2) million gallon ground storage tank to be built across from the Water Plant on Canal Avenue. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Stop signs torn down on 34th Street from Canal Avenue to Drainage Ditch. 2. Four vertical poles to be removed at the intersection of Helena Avenue & 27th Street. 3. Grass Cutting around town. 4. Rules to be complied with in regards to spot zoning. 5. Donating house on Avenue G to some organization such as the Scouts, etc. The meeting adjourned at 7:05 P.M. ATTEST: Chris Serres", City Secretary City of Nederland, Texas 1 H. E. Nagel, Mayory City of Nederland, Texas J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 8, 1981 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. A. Nugent, Mr. E. T. Gillespie, and Mr. Robert Sawyer. Member absent was Mr. T. E. Lee, Jr. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of November 24, 1981. All Voted Aye. Mayor Homer E. Nagel presented retirement awards to the following four persons: Alta Fletcher - City Secretary /Tax Assessor - Collector, 33 years; O. P. Chatelain - Commercial Truck Route Operator - Sanitation Dept., 33 years; C. C. Courts - Water /Wastewater Maintenance Leaderman, 23 years; Austin Sattler - Fire Chief, 23 years. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept the annual audit for the 1980 -1981 fiscal year presented by Mr. Everett Browning, Certified Public Accountant, and to authorize payment for the annual audit report. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment on Estimate No. 1 in the amount of $43,625.00 to Bella Company, Job No. 380 -61C1, 12" water distribution line on 17th Street. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment on Extimate No. 1 in the amount of $55,993.00 to Morrison and Miller Construction Company, Job No. 380 -61C1, balance line on 17th Street. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment on Estimate No. 10 in the amount of $25,278.00 to Universal Tank and Iron Works, Inc., Job No. 380 -19C, water storage tower at Service Center. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on Estimate No. 7 and Final in the amount of $2,238.18 to Allied Enterprises, Inc., Job No. 79077, additions to library. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment on Estimate No. 1 in the amount of $13,380.75 to Gary Clark Contractors, Inc., Senior Citizen Center. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment of bills for the month of November. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: ' 1. Mr. Stanley Ducote has been having sewer stop -up problems for several years. This matter needs to be taken care of as soon as possible. The meeting adjourned at 7:05 P.M. Minuted Continued, December 8, 1981 ) H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres; City Secretary City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 22, 1981 , 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of December 8, 1981. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to join Crime Stoppers, Inc. of South and Mid Jefferson County and to pass a Resolution at the next Council Meeting approving the city's membership. All Voted Aye. Mr. Gene Shepherd made a presentation on the proposed general obligation bond sale. A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing final approval of applications and permits for sale of alcoholic beverages for "on premises consumption" in accordance with Ordinance No. 70 as follows: Kenny's Sandwich Shop, 2300 Hwy. 365; The Nederland Club, 323 Twin City Hwy.; Pizza Inn, 3520 Nederland Avenue; The Berrie Patche, Inc., 324 13th Street; Club 493 of the American Legion, 922 Nederland Avenue; Geneva's Seafood, 3324 Nederland Avenue; The Hoagie House, 1139 Nederland Avenue; Irene's Lounge, 147 Twin City Hwy.; Italian Restrauant and Flying Pizza, 3603 Nederland Avenue, Ken's Pizza, 2250 Nederland Avenue; LaSuprema Tortilla Bakery, 3106 Hwy. 365; Peggy's Seafood; 103 Nederland Avenue; The Schooner Restrauant, 1507 So. 38th Street; LaFiesta Restrauant; 535 Twin City Hwy.; Linder's Barbecue, 1203 Hwy. 69. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Junk cars parked on Hilldale Drive and on 21st Street @ Avenue H, also boat parked on South 14th Street. The meeting adjourned at 7:15 P.M. ATTEST: Chris Serresr, City Secretary City of Nederland, Texas H E. Nagel, Mdyor City of Nederland, Texas 775 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. January 12, 1982 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. A. Nugent, Mr. E. T. Gillespie and Mr. T. E. Lee, Jr. Member absent was Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of December 22, 1981. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept bid from Jones Boys, Inc. in the amount of $3,500.00 to purchase and move the house located at 3112 Avenue G, Nederland, Texas. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Estimate No. 2 in the amount of $37,666.24 to Morrison and Miller, Inc., Job No. 380 -61C1, balance line on 17th Street. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Estimate No. 2 in the amount of $11,888.00 to Bella Construction Company, Job No. 380 -61C1, distribution line on 17th Street. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve Estimate No. 2 in the amount of $28,386.00 to Gary Clark Contractors, Senior Citizens Center. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve Change Order No. 1 on the Senior Citizen Center for a partition divider in the amount of $650.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a Resolution for Crime Stoppers, Inc., of South and Mid Jefferson County. All Voted Aye. A RESOLUTION WHEREAS, the Crime Stoppers concept is currently working in over 90 cities to reduce the soaring crime rate; and WHEREAS, the object of the program is to bring the citizens of a community into a more active crime fighting and crime prevention role; and WHEREAS, Crime Stoppers is a Citizens Action program -- individuals with knowledge of a crime can call Crime Stoppers and relay their information; if the information given to Crime Stoppers results in an arrest, indictment, or in the judgement of the Crime Stoppers Board, is of benefit to the community, then a cash reward of up to $1,000.00 is awarded the informant; and WHEREAS, the City Council of the City of Nederland wishes to express its support of the Crime Stoppers Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND- ' That the City Council does hereby wish to support and participate in the efforts of Crime Stoppers of Mid and South Jefferson County to effectively fight crime by offering incentives to citizens who provide information on criminal activities; and ;v Minutes Continued, January 12, 1982 BE IT FURTHER RESOLVED that a copy of this resolution be furnished the Board of Directors of Crime Stoppers of Mid and South Jefferson County as evidence of the City Council's support and participation in this program. PASSED by the City Council this 12th day of January, 1982. , S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve "Order Calling Election" providing for an election to be held on April 3, 1982, for the purpose of electing a Mayor and two Councilmen, one for Ward II and one for Ward IV. All Voted Aye. ORDER CALLING ELECTION CITY ELECTION STATE OF TEXAS COUNTY OF JEFFERSON X CITY OF NEDERLAND X I I, H. E. Nagel, by virtue of the power and authority vested in me as Mayor of the City of Nederland, Texas, do hereby order an election to be held within the said City of Nederland on the third day of April, A. D., 1982, for the purpose of electing a Mayor and two Councilmen, one for Ward Two and one for Ward Four for the City of Nederland for the full term. The polling place, time and presiding officer of said Election shall be as follows: At the Fire Station in the said City of Nederland from 7:00 A. M. to 7:00 P. M., with Luetta Powell as presiding officer, and she shall select one (1) assistant judge and three clerks to assist in holding same. Each person who has attained the age of eighteen years and who has resided within the said City of Nederland for thirty days next preceding said election and is a qualified voter under the General Election Laws of this State, shall be entitled to vote at said election and said election shall be conducted in accordance with the General Election Laws of this State. Notice of the time and place of holding said Election shall be given by posting true and correct copies of this order in three public places within the said City of Nederland, one of which shall be posted at the City Hall. Candidates for the office of Councilmen for Ward Two and Ward Four, having the qualifications required by the Charter of the City of Nederland, may be nominated for Councilman from the Ward, in which he must reside, by a written petition signed by at least ten (10) qualified voters who reside in the Ward from which said person is to be nominated. Any person, having the qualifications required by this Charter may be nominated for Mayor by a written petition signed by at least twenty (20) I qualified voters of the City. One such petition shall be circulated and signed for each nominee or candidate. Nominating petitioned shall be signed and filed in the office of the City Secretary no later than 5:00 P. M., March 3, 1982, at the City Office Building. 1 F1 L! Minutes Continued, January 12, 1982 WITNESS MY HAND this the 12th day of January, A. D., 1982. ATTEST:S /CHRIS SERRES S /H. E. NAGEL CHRIS SERRES, CITY SECRETARY H. E. NAGEL, MAYOR City of Nederland, Texas City of Nederland, Texas 77 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve tuition and expenses for Harry Carter to attend the Lamar University Fire Academy for required state certification. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of bills for December. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Setting salary, benefits, and cleaning expenses for the Senior Citizen Center at approximately $1,200.00 a month total. 2. Naming of the Senior Citizen Center to read as follows: B. A. "Booty" Ritter CENTER for SENIOR CITIZENS The meeting adjourned at 7:10 P.M. ATTEST: �& AA c� CHRIS SE S, CITY SECRETARY City of Nederland, Texas H. E. NAGEL, MAY6 City of Nederland, Texas 7S REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 January 26, 1982 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of January 12, 1982. All Voted Aye. Sealed bids were received, opened, and read for construction of proposed two (2) million gallon ground storage tank to be built across from the Water Plant on Canal Avenue. Bidders were as follows: H. E. Campbell Construction Company; Imperial Construction Company; Setco; Jalco, Inc.; Hicks Construction Company; Marlen; Gulf Coast Industries; Bella Company; Preload; and T & L Construction Company. A motion was made by Mr. Nugent and seconded by Mr. Lee to refer the bids to the City Manager and his staff for consideration and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize advertisement of bids for 340,000 black plastic garbage bags to be received February 9, 1982. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize the City Council, City Manager, Fire Chief, Civil Defense Director and Assistant Civil Defense Director to attend the Civil Defense Seminar in Austin, Texas, February 16 -18, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment on Estimate No. 11 in the amount of $8,542.20 to Universal Tank and Iron Works, Inc., Job No. 380 -19C, Water Storage Tower at the Service Center. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve amending the fiscal 1982 budget to provide a sum of $8,400.00 to be remitted in equal monthly installments of $1,200.00 to Mid - Jefferson County Senior Citizens, Inc., commencing March 1, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the City Manager to negotiate a contract between Mid - Jefferson County Senior Citizens, Inc., and the City of Nederland, Texas, for the use of the B. A. "Booty" Ritter Senior Citizens Center. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to personnel and legal matters. All Voted Aye. t Minutes Continued, January 26, 1982 Discussion Items: 1, Water Line on 17th Street - possible leak. 2. Dedication of Gazebo to be held March 17, 1982. Marie Fleming requested use of the Gazebo to seel Dutch cookies during the Heritage Festival. 3. The City Manager advised the City Council that he spoke with Gene Shepherd and as soon as the bond market became favorable and we received our values from the Jefferson County Appraisal District we would proceed with selling a portion of our bonds. 4. Discussed Texas Cities Improvements Program with Gulf States Utilities. The meeting adjourned at 7:10 P.M. ATTEST: e sl—e—A'4 J- � Chris Serres, City Secretary City of Nederland, Texas 1 1 �` ✓� '//tea �> ._ C_ H. E. Nagel, Mayor City of Nederland, Texas �s v REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. February 9, 1982 ' The meeting was call to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of January 26, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a Proclamation declaring February 7 -13, 1982 as Scouting Anniversary Week. All Voted Aye. Sealed bids were received, opened, and read for 340,000 black plastic garbage bags. Bidders were as follows: B & E Packaging, Monroe, LA; Bemis Co., Inc., Houston, TX; Adams Industries, Monroe, LA; Poly- America, Dallas, TX; Pak -Rite, Waco, TX; Arrow Industries, Dallas, TX; Sunbelt Plastics, Monroe, LA; Nifda, Beaumont, TX; and Frontier Bag, Grandview, MISS. A motion was made by Mr. Nugent and seconded by Mr. Nagel to refer bids to the City Manager and his staff for consideration and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award bid to Preload Technology, Inc. in the amount of $791,827.00 for proposed two (2) million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement of bids on paving of 27th Street from Nederland Avenue to Avenue H to be received March 9, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment on Estimate No. 3 in the amount of $36,140.93 to Morrison and Miller, Inc., Job No. 380 -61C1 and Change Order No. 1 in the amount of $3,639.05 for installing a routing line and a manhole for balance line on 17th Street. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment on Estimate No. 3 in the amount of $7,105.92 to Bella Construction Company, Job No. 380 -61C1, distribution line on 17th Street. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize D. J. Marchand and Jack Humber to attend Unit I Wastewater Seminar in Kountze to be held February 9, 1982. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve amending the fiscal 1962 budget to provide a sum of $7,000.00 for materials to construct a parking lot for the Senior Citizen Center located at 914 Boston Avenue. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment of bills for the month of January, 1982. All Voted Aye. I Minutes Continued, February 9, 1982 8 l A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Citizen having trouble with Liberty Cable T. V. The meeting adjourned at 6:55 P.M. ATTEST: Chris erres, City Secretary City of Nederland, Texas P 1 � es H. E. Nagel, \y,' City of Nederland, Texas R 1� REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 23, 1982 , 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of February 23, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to accept bid from Adams Industries, in the amount of $13,963.80, for 340,000 plastic garbage bags. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve Jefferson County Mosquito Control District's request to fly at low levels as necessary to ap- ply insecticides for the control of mosquitoes within the City limits of the City of Nederland, Texas. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer authorizing Fire Chief, Mike Lovelady, to attend the Fire Departments Instructors Conference in Memphis, Ten - nesee, March 28 - April 1, 1982. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee authorizing Water Super- , intendant, John Bernard, to attend Water Utilities Association's 64th Annual Short School at Texas A & M University, March 7 - 10, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table executive session relating to personnel and legal matters. All Voted Aye. Discussion items were as follows: 1. Parked cars on 14th Street at Helena on left hand side. 2. Citizens asking about policies on cleaning Doornbos Park. 3. Go -carts racing in easement behind Doornbos Park. 4. Writing letter opposing the closing of the Jefferson County Weather Bureau. The meeting was adjourned at 6:55 P.M. I9. E. Nagel, Mayor City of Nederland, Texas ATTEST: ��^^ ee �1J//� Chri Serre §, City Secretary , City of Nederland, Texas _ REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 9, 1982 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. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of February 23, 1982. All Voted Aye. Bids were received and opened on proposed 27th Street paving job, Nederland Avenue to Avenue H. The three lowest bidders were as follows: Mar Len, Inc., 5% bid bond, $589,819.00, 210 working days; C & P Equipment Corporation, 5% bid bond, $574,779.20, 150 working days; and Gulf Coast Industrial Contractors, 5% bid bond, $510,285.60, 200 working days. A presentation of service pins to employees with 5, 10, 15, 20, and 25 years service with the City of Nederland was made by Mayor Nagel. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Ordinance No. 349 allowing certain employees of the City who performed active service in the Armed Forces of the United States under honorable conditions during periods of conflict with the foreign forces to apply and make deposit for, and to receive special credit with the Texas Municipal Retirement System for limited portion of such military service and providing for all deposits to be paid in full by the employee. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to amend motion approving Ordinance No. 349 by adding the clause "if the employee was not employed by the City prior to serving in the Armed Forces he will pay his and the City's share to the Texas Municipal Retirement System ". All Voted Aye. ORDINANCE NO. 349 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS DURING PERIODS OF CONFLICT WITH FOREIGN FORCES, TO APPLY AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR, LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE CITY OF ADDITIONAL DEPOSITS TO THE SYSTEM ON ACCOUNT OF SUCH SERVICE CREDIT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 11 Pursuant to Subchapter F of Chapter 63, Title 110B, Revised Civil Sta- tutes of Texas, as amended, the City of Nederland hereby elects to allow elgible mem- bers in its employment to establish credit in the Texas Municipal Retirement System for active military service performed as a member of the Armed Forces or Armed Forces reserves of the United States or an auxiliary of the Armed Forces or Armed Forces reserves, during a period in which the United States is or was involved in a state of conflict with foreign forces. Eligible members as used herein shall �4 Minutes Continued March 9, 1982 be those employees meeting the criteria set forth in subsection (b) of Section 63.501 of said Subchapter F, and the amount and use of creditable military service shall be as further set forth in that Subchapter. Section 2. In order to establish credit for military service hereunder, a mem- ber must deposit with the Texas Municipal Retirement System (in that member's in- dividual account in the Employees Saving Fund), before the first anniversary of the effective date of this ordinance or before the first anniversary of the date the member becomes eligible to establish the credit (whichever is later) an amount equal to the number of months for which credit is sought, multiplied by $15.00, and the City must contribute an amount equal to the amount required of the member, multiplied by the City's current service matching percentage in effect on the date the member applies for credit hereunder. The City of Nederland agrees to pay into its account in the Municipality Accumulation Fund all sums which become due hereunder as a result of the granting of such credit. Section 3. This ordinance shall become effective on the 1st day of 1982, which is a date on or after the first day of January, 1982. Passed and approved this the 9 day of MARCH 1982. APPROVED: S /HOMER E. NAGEL HOMER E. NAGEL, MAYOR City of Nederland ATTEST: I S /CHRIS SERRES City Secretary A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve Resolution assigning 300 ballots for absentee voting ranging from Serial Number 00001 through 00299, and 1,700 ballots for use in regular voting on election day ranging from Serial Number 00300 through 02000. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to amend motion approving Resolution by striking the number 00299 and adding 00300 and by striking the number 00300 and adding 00301. All Voted Aye. A RESOLUTION WHEREAS, Article 6.09 of Texas Election Laws has been amended so that official ballots are to be counted before delivery to the Election Judge and the number of each entered of record on the Minutes of the governing body; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That 300 ballots be delivered for use in absentee voting ranging from Serial , Number 00001 through 00300, and 1,700 ballots for use in regular voting on election day ranging from Serial Number 00301 through 02000. PASSED by the City Council this day of 1982. 1 Minutes Continued March 9,1982 H. E. Nagel, Mayo City of Nederland, Texas ATTEST Chris Serres, 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. Gillespie and seconded by Mr. Nagel to approve Change Order No. 1 in the amount of $2,754.00 and Change Order No. 2 in the amount of $- 248.04 to Bella Construction Company, Job No. 380 -61C1, distribution line on 17th Street. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Estimate No. 4 (Final) in the amount of $12,603.94 to Bella Construction Company, Job No. 380 -61C1, distribution line on 17th Street. All Voted Aye. 'A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Estimate No. 4 in the amount of $22,129.30 to Morrison and Miller Construction Company, Job No. 380 -61C1, balance line on 17th Street. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve execution of a contract with Charles R. Haile and Associates for engineering services on 27th Street paving job from Nederland Avenue to Avenue H. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve Change Order No. 1 in the amount of $- 143,775.00 to Pre -Load for deletion of site demolition on two (2) million gallon ground storage tank resulting in lowering project cost from $791,827.00 to $648,052.00. All Voted Aye. Fire Chief Mike Lovelady presented the Fire Departments Annual Report to the Council. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of bills for the month of February. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive session relating to personnel and legal matters. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award bid on 27th Street paving job, Nederland Avenue to Avenue H, to Gulf Coast Industiral Contractors in the amount of $510,285.60 with 200 working days. All Voted Aye. ' Discussion items were as follows: 1. Complaints about traffic on Nederland Avenue. 2. Parking cars along 17th Street. Minutes Continued March 9, 1982 3. Fire damaged property @ 1400 Blk. of 27th Street needs to be cleaned. 4. Turning lane @ 27th Street and Nederland Avenue is in need of repairs. 5. Letter from Jack Brooks requesting City Council review several Public Works ' Projects in this area and to submit a letter stating position on these projects. 6. New table and chairs for Senior Citizen Center costing approximately $877.00. 7. Dedication of Gazebo set for Wednesday, March 17, 1982, at 5:00 P.M. The meeting was adjourned at 8:20 P.M. ATTEST ZZZ ,l VO — Chris Serres; City Secretary City of Nederland, Texas gel, Maybr City of Nederland, Texas 1 1 ni REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 23, 1982 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. A. Nugent, Mr. E. T. Gillespie, and Mr. Robert Sawyer. Member absent was Mr. T. E. Lee, Jr. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of March 9, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to designate Janna Kerr as Acting City Secretary in the absence of Chris Serres, City Secretary. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to table comments from Mr. Kenneth Morris concerning Ordinance No. 155 -- garbage rates -- due to the absence of Mr. Morris. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer request for permit to operate two taxi cabs in the City of Nederland from City Taxi Cab Company, Mr. Hughes Sears, to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve Amendment to Ordinance No. 107 making Boston Avenue from Twin City Highway to 13th Street a two hour parking zone from 9:00 a.m. to 5:00 p.m., Monday through Saturday. 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 RE- PEALING 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 definate policy should be established pertaining to traffic regulations including parking rules, and parking on Boston Avenue. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - TIME PARKING There shall be two hour limited vehicular parking on Boston Avenue from Twin City Highway to 13th Street between the hours of 9:00 a.m. to 5:00 p.m., Monday through Saturday. Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to com- ply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on con- viction thereof be fined any sum not less than $1.00 nor more than $200.00 and the vio- lation of each separate provision thereof shall be considered a separate offense. 88 Minutes Continued March 23, 1982 Section 3 - REPEALING CLAUSE Any an all Ordinances of the City of Nederland, Texas in conflict with any of the I provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE City Council of the City of Nederland, Texas on this the day of , A.D., 1982. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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. Sawyer and seconded by -Mr. Gillespie to approve executing a contract with Charles R. Haile and Associates for engineering services on water plant improvements. All Voted Aye. The Council received comments at this time from Mr. Leon Knight and Mr. Johnny Crawford regarding drainage problems at the 700 block of Avenue E. A motion was made by Mr. Nagel and seconded by Mr. Nugent to amend tabling comments from Mr. Morris concerning Ordinance No. 155 -- garbage rates -- and to refer the matter back to the City Manager and his staff for study and recommendation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve "substantial completion" of Senior Citizens Building. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve a resolu- tion authorizing the Nederland Police Department to proceed with grant application for upgrade to the Central Dispatch Office. All Voted Aye. A RESOLUTION WHEREAS, the City Council of the City of Nederland deems it in the best I interest of the City to upgrade Tele- Communications in the Central Dispatch Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Minutes Continued March 23, 1982 That the Nederland Police Department be authorized to proceed with the Grant Application to the office of the Governor's General Council and Criminal Justice and that an amount of $2,212.00 will be provided by the City of Nederland to match an amount of $8,406.00 provided by the State of Texas. All Voted Aye. PASSED, this the day of 1982 S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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. Sawyer to approve a resolution authorizing the Nederland Fire Department to proceed with grant application for upgrade of specialized investigation equipment. All Voted Aye. 1 A RESOLUTION WHEREAS, the City Council of the City of Nederland deems it is the best interest of the City to upgrade specialized fire investigation equipment in the Nederland Fire Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Nederland Fire Department be authorized to proceed with the Grant Application to the office of the Governor's General Council and Criminal Justice and that an amount of $305.00 will be provided by the City of Nederland to match an amount of $915.00 provided by the State of Texas. PASSED, this the day 1982. ATTEST: S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas 90 Minutes Continued March 23, 1982 S /CHRIS SERRES Chris Serres, 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. Nugent and seconded by Mr. Gillespie to approve payment of electricity and water for Babe Ruth Ball Park to be used by the Babe Ruth League for the 1982 season. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Overflowing culvert at 20th Street and Canal. 2. Councilmen riding with Police officers on patrol. 3. Request to give update on ambulance ordinance. 4. Amendment to Taxi Cab Ordinance. 5. Hazards of curve on South 17th Street. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the , incremental advertising of bids for Segment I and Segment II of the Sanitary Sewer Rehabilitation Work. All Voted Aye. The meeting adjourned at 8:05 P.M. H. E. Nagel, Ma or City of Nederland, Texas ATTEST: JanA Kerr, Acting City Secretary Cit of Nederland, Texas 1 91 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. April 6, 1982 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were H. E. Nagel, R. A. Nugent, Sam Gillespie, Tom E. Lee, Jr., and Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous meeting of March 23, 1982. All Voted Aye. Returns of April 3, 1982 General Election were read by Mrs. Luetta Powell, Election Judge. Out of 1610 ballots cast, 173 were absentee. Respective candidates received the following number of votes: NAME OF CANDIDATE OFFICE VOTES Homer E. Nagel Mayor 1057 Pat A. Riley, Jr. Mayor 535 Thomas E. Lee, Jr. Councilman Ward Two 1354 R. A. "Dick "Nugent Councilman Ward Four 1045 Calvin H. Taylor Councilman Ward Four 507 A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept returns of the elec- tion as presented. All Voted Aye. The Oath of Office was administered by the City Treasurer, Mr. J. B. McKinney, to the Mayor, Homer E. Nagel, Councilman Ward Two, Thomas E. Lee, Jr., and Councilman Ward Four R. A. "Dick "Nugent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payment to the election officials in the amount of $305:00. All Voted Aye. At this time Doris Noblitt read a letter to the City Council she had wrote presenting her complaints against the outside activities at the Silver Nugget, 2204 Helena, Nederland, Texas. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve amending Ordinance No. 164 providing for regular City Council meeting dates in accordance with Article 3.11 of the City Charter. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 20, 1982, THROUGH APRIL 5, 1983. 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 20 July 13, 27 October 12, 26 January 11, 25 May 11, 5 August 10, 24 November 9, 23 February 8, 22 June 8, 22 September 14, 28 December 14, 28 March 8, 22 April 5 Minutes Continued April 6, 1982 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting, this the 6th day ' of April, 1982. S1 HOMER E. NAGEL ATTEST: Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table comments from Mr. Gene Shepherd regarding proposed General Obligation Bond Sale following the absence of Mr. Shepherd at the meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve authorizing a permit for Hughes Sears, City Taxi Cab Company, to operate two taxi cabs in the City of Nederland in accordance with Ordinance No. 20. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve Final Estimate No. 7 in the amount of $2,238.18, Allied Enterprises, Inc., Job No. 79077, additions to D. Bob Henson Memorial Library. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve Change Order ' No. 2 in the amount of $68.84, Senior Citizens Center, Gary Clark Contractors, Inc. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve authorizing Darrell Marchand, Charles Gallier, Kenneth Spell, and Jack Humble, to attend the Southeast Texas Regional Water Utilities Short School at the Port Arthur Civic Center, April 26 -28, 1982. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment of bills for the month of March. All Voted Aye. At this time Billy Neal, Police Chief, presented the Police Chief's Annual Report. A motion was made by Mr. Nagel and seconded by Mr. Lee to table Executive Session re- lating to personnel and legal matters. All Voted Aye. Discussion items were as follows: 1. Firemen cleaning up around City Hall grounds. 2. Mr. Sawyer asked about the Ambulance Ordinance. 3. Caustic spilled in 17th Street ditches. 4. Sign blocking view in front of the old Bards. 5. Question of invading property line in building the ground storage tank. The meeting adjourned at 7:30 P.M. ' Homer E. Nager, ayor City of Nederland, Texas Minutes Continued April 6, 1982 ATTEST: C� a/x YL cc _ Jann Kerr, Acting Ci y Secretary Cit of Nederland, Texas 1 1 93 L) REGULAR MEETING OF THE CITY COUNCIL OF THE 6:30 P.M. CITY OF NEDERLAND ' April 20, 1982 The meeting was called to order at 6:30 P.M. by Mayor Pro Tem R. A. Nugent. Members present were H. E. Nagel, R. A. Nugent, T. E. Lee, Sam Gillespie, and Robert Sawyer. A motion was made by Mr. Sawyer and seconded by Mr. Lee to accept the Minutes of the previous meeting of April 6, 1982 as written. All Voted Aye, A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve nomination of Mr. R. A. Nugent as Mayor Pro Tem. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve Proclamation declaring April 19 -24, 1982, as Texas National Guard Week. All Voted Aye. CITY OF NEDERLAND Office of the Mayor PROCLAMATION WHEREAS, the men and women of the Texas Army and Air National Guard ' are the foremost elements in the defense of the State of Texas and the nation; and WHEREAS, these citizen soldiers of the Texas Army and Air National Guard, have consistently demonstrated their dedication to the defense of the nation and their commitment to improvement of the community and nation ; and WHEREAS, they have served with distinction in both World Wars, Korea, during the Berlin crisis, and in Vietnam; and WHEREAS, April 19 thru the 24th has been designated as Texas National Guard Week to pay tribute to all the men and women of the Texas National Guard in Jefferson County; I, H. E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas do hereby Proclaim April 19 -24, 1982 As "TEXAS NATIONAL GUARD WEEK" and pledge all -out support for the continued success of all Armed Forces in defense of our great country. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal ' of the City of Nederland to be affixed this the 20th day of April, 1982, A.D. S /HOMER E. NAGEL Mayor City of Nederland, Texas Minutes Continued April 20, 1982 ' ATTEST: S /JANNA KERR City Secretary (Acting) City of Nederland, Texas At this time the Council received comments from Mr. Gene Shepherd regarding proposed General Obligation Bond Sale. A motion was made by Mr. Lee and seconded by Mr. Sawyer to give Mr. Shepherd, fiscal agent, the flexibility to use his judgement in selling the bonds in latter May or early June. All Voted Aye. At this time the Council received comments from Mrs. Theriot concerning proposed hazard- ous waste site near Devers, Texas and the L.N.V.A. Canal. A motion was made by Mr. Lee and seconded by Mr. Nugent to accept the Planning and Zoning Commissions recommendation to approve final plat of Williamsburg Park Section II. All Voted Aye. A motion was made by H. E. Nagel and seconded by Mr. Lee to elect Kenneth Wall to the Texas Municipal League Board of Trustees from Region 16. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve a grant to the Nederland Fire Department in the amount of $915.00 for upgrade of investigation equip- ment and to approve a grant to the Nederland Police Department in the amount of $8,406.00 for upgrade of Tele- Communications equipment. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertisement of bids for petroleum products to be purchased through the Mid - County Municipal League. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve authorizing advertisement of bids for 60/40 fill dirt to be received May 11, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Estimate No. 12, (Final) in the amount of $42,986.94, to Universal Tank and Iron Works, Inc., Job No. 380 -19C, elevated water storage tower at Service Center. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve Estimate No. 1 in the amount of $19,890.00 to Pre -Load Technology Inc., Job No. 280 -61C, two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Estimate No. 5 in the amount of $67,494.96 to Morrison and Miller Inc., Job No. 380 -61C1, equalization line and high service pumps. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Estimate No. 3 'in the amount of $34,227.55 to Gary Clark Contractors, Inc., Senior Citizen Center. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve authorizing Nelson Johnson to attend a series of short courses in solid waste collection to be held in San Antonio, May 3 -7, 1982. All Voted Aye. () l Minutes Continued April 20, 1982 A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve execution of , a contract with Charles R. Haile and Associates for engineering services on 27th Street from Avenue H to FM 365, Job No. 381 -67P. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve authorizing the Mayor to execuite a note with Nederland State Bank in the amount of $662,500.00 as a loan to the general fund and also authorize payment to Dr. Benski from this amount as ordered by the courts. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Mowing of ditches in Nederland 2. Political signs left up after election 3. Region Meeting in China 4. 17th Institute for Mayor & Councilmen, June 5 -7, 1982 The meeting adjourned at 8:25 p.m. 9. E. Nagel, Maya City of Nederland, Texas , ATTEST: nna Kerr, Acftng City Secretary ity of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 11, 1982 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. A. Nugent, Mr. Tom E. Lee, Jr., and Mr. Robert Sawyer. Member absent was Mr. E. T. Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the Minutes of the meeting of April 20, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to set General Obligation Bond Sale date as May 25, 1982 and to authorize the Financial Advisor to proceed with the Official Notice of Sale. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to refer all bids received for 60/40 fill dirt 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. Lee to refer all bids received for sanitary sewer rehabilitation work, Segment I - new and replace- ment lines inside the city limits, Job No. 379 -17B, to the City Manager, engineers, and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to refer all bids ' received for sanitary sewer rehabilitation work, Segment II - point repair and manhole rehabilitation only, Job No. 379- 17B2Y, to the City Manager, engineers, and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer Mr. David Stickley's request for extension on licensed personnel section of Ambulance Ordinance No. 340 to the Board of Appeals. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize advertisement of bids for 340,000 garbage bags to be received June 8, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertisement of bids to be received May 25, 1982 for one (1) police car. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the preliminary plat of Sunset Place Subdivision as recommended by the Planning and Zoning Commission. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve Change Order No. 2 in the amount of + $1,100.00 to Pre -Load Technology for deletion of transfer pumps and addition of altitude valve; resulting in adjusted contract amount of $649,152.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to execute an agreement ' with Southwestern Laboratories, Inc., for materials engineering, related construction inspection, and materials testing services on 27th Street paving - estimated cost $8,000.00 - $9,000.00. All Voted Aye. o Minutes Continued, May 11, 1982 A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of Estimate No. 6 in the amount of $20,189.76 to Morrison and Miller, Inc. Job No. 380 -61C1, equalization line and high service pumps. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Lee to approve payment of Estimate No. 2 in the amount of $110,700.00 to Pre -Load Technology, Inc., Job No. 380 -61C1, two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve payment of Estimate No. 1 in the amount of $42,000.00 to Gulf Coast Industrial Contractors, Inc., Job No. 379 -57P, 27th Street Paving. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Change Order No. 1 in the amount of $3,600.00 for storm sewer load layout - 27th Street at Avenue G. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve Change Order No. 2 in the amount of $2,576.00 for sanitary sewer adjustment - 27th Street at Avenue D. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Change Order No. 6 in the amount of + $1,223.81 to Winter King & Son - Recreational Building. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve payment of Final Estimate in the amount of $27,112.27 to Winter King & Son - Recreational Building. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize payment I of bills for the month of April. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Striping of Helena Avenue and Avenue H. 2. Removing political signs. 3. Putting up Neighborhood Watch Signs. 4. Repair street 400 Block of 10th. 5. Double Parking on Canal Avenue into the city limits @ Longhorn. 6. Appreciate Gulf States Utilities responding so fast to request for cleaning right -of -way at end of Ithaca Street. 7. Letter commending Mr. Bamber and D. Sosa on trash pick up. 8. Lilies planted in ditch @ 200 Block of 24th Street blocking drainage. 9. Mr. Gary on Avenue G called about purchasing tile that is being removed from 27th Street. Referred to contractor. 10. Discussion on cards sent to citizens telling where they may pick up their free garbage bags. 11. Leaving policy the way it is for private commercial trash haulers in the city limits. 12. Calls from citizens of Port Neches and Groves wanting permits to use the landfill during the weekend. ' The meeting adjourned at 8:10 P.M. 1 ATTEST: Chris erres, ity Secretary City of Nederland, Texas 1 1 Minutes Continued, May 11, 1982 1 i H. E. Nagel, May6i- City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , 6:30 P.M. May 25, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of May 11, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to refer bids re- ceived for police car to the City Manager and his staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award bid for 60/40 fill dirt to R. & W. Equipment. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award the bid for Sanitary Sewer rehabilitation work Segment I - new and replacement lines inside the city limits, Job NO. 379 -17B, to Beela Company contingent upon the approval of the E.P.A. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for Sanitary Sewer rehabilitation work Segment II - point repair and manhole rehabilitation only, Job No. 379- 17B2Y, to Naylor Industries contingent upon the approval of the E.P.A. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table comments from Mr. Daniel Kennedy of 703 South 5th Street. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve final payment to Moore, Stansbury, & Vaught in the amount of $9,931.00 for architectural services on the Nederland Recreation Building. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Change Order No. 3 to Gulf Coast Industrial Contractors, Inc., water line adjust- ment at Avenue G. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to appoint Robert Bodemuller as the representative for the City of Nederland to serve on the Regional Council on Aging. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table awarding bids received for gasoline and petroleum lubricants until the next regular Council Meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Mr. John Bamber, Public Works Director, to attend the T.P.W.A. Spring Meeting, June 2 -5, 1982, in Waco, Texas. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the City Council, City Manager, and Mayor to attend the 17th Institute for Mayors, Councilmembers and Commissioners, June 5 -7, 1982, in Austin, Texas. All Voted Aye. Minutes Continued, May 25, 1982 A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept application for "on premises" consumption of alcoholic beverages in accordance with ' Ordinance No. 70 as follows: Triple J Bar- B -Que. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for the sale of 2,500,000.00 General Obligation Bonds for Street /Drainage improvements and Wastewater System rehabilitation to First National Bank of Dallas on the basis of their effective interest rate bid of 11.7837 and to approve all other necessary documents. All Voted Aye. ORDINANCE NO. 350 AN ORDINANCE by the City Council of the City of Nederland, Texas, authorizing the issuance of $2,500,000.00 "CITY OF NEDERLAND, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1982 ", dated June 1, 1982; prescribing the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of taxes; enacting provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. WHEREAS, the City Council of the City of Nederland, Texas, hereby finds and determines that general obligation bonds of the City in the total principal ' amount of $2,500,000 should be issued and sold at this time; such general obligation bonds having been approved and authorized to be issued at elections held December 10, 1977 and July 7, 1981 and a summary of the general obligation bonds approved at said elections, the respective authorized purposes and amounts approved at such elections, amounts previously issued and being issued pur- suant to this ordinance from such voted authorizations and amounts remaining to be issued subsequent to the date hereof as follows: Amounts Hereto Amounts Election Amount fore Being Unissued Date Authorized Purpose Issued Issued Balance 12 -10 -77 $7,050,000 Street $3,770,000 $1,500,000 $1,780,000 7 -7 -81 650,000 Water -0- -0- 650,000 7 -7 -81 2,000,000 Sewer -0- 1,000,000 1,000,000 AND WHEREAS, this City Council hereby expressly reserves the right to issue the remaining amount of general obligation bonds authorized at said elec- tion in one or more installments at such time and in such manner as the Council shall determine; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That the bonds of said City, to be known as "CITY OF ' NEDERLAND, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1982 ", be and the same are hereby ordered to be issued in the principal sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) for the purpose of making permanent public improvements, to wit: $1,500,000 for street improvements, including drainage improvements and sidewalk improvements incident thereto and $1,000,000 for improvements and extensions to the City's Sanitary Sewer System, under and I o i 102 Minutes Continued, May 25, 1982 by virtue of the Constitution and laws of the State of Texas and pursuant to authority conferred at the aforesaid elections and the City Charter. SECTION 2: That said bonds shall be dated June 1, 1982; shall be numbered consecutively from One (1) through Five Hundred (500); shall each , be in the denomination of Five Thousand Dollars ($5,000), and shall become due and payable serially on June 1 in each of the years and bear interest at the per annum rates in accordance with the following schedule: BOND NUMBERS (All Inclusive) MATURITY AMOUNT INTEREST 1 to 7 1983 $ 35,000 % 8 to 15 1984 40,000 % 16 to 25 1985 50,000 % 26 to 35 1986 50,000 % 36 to 45 1987 50,000 % 46 to 55 1988 50,000 % 56 to 70 1989 75,000 % 71 to 85 1990 75,000 % 86 to 105 1991 100,000 % 106 to 125 1992 100,000 % 126 to 150 1993 125,000 % 151 to 175 1994 125,000 % 176 to 200 1995 125,000 % 201 to 230 1996 150,000 % 231 to 270 1997 200,000 % 271 to 315 1998 225,000 % 316 to 405 1999 450,000 % 406 to 500 2000 475,000 % , PROVIDED, HOWEVER, the City reserves the right to redeem the bonds of this series maturing on June 1, 1983, and subsequent, in whole or any part thereof, on June 1, 1992, or on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption; PROVIDED, FURTHER, that at least thirty (30) days prior to a date any of said bonds are to be redeemed, a notice of redemption , signed by the City Secretary (specify- ing the serial numbers and amount of bonds to be redeemed), shall have been filed with FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas and INTERFIRST BANK, Nederland, Texas (the paying agents named in each of said bonds); and if the City shall have made available by the redemption date funds sufficient to pay the bonds to be redeemed and accrued interest thereon, any bond or bonds not presented for redemption pursuant to such notice shall cease to bear interest from and after the date so fixed for redemption. SECTION 3: That said bonds shall bear interest from date until paid, or the redemption thereof in accordance with the terms prescribed therefor, at the per annum rates shown above, such interest to be evidenced by proper coupons attached to each of said bonds and said interest shall be payable on December 1, 1962, and semiannually thereafter on June 1 and December 1 in each year. SECTION 4: That both principal of and interest on this issue of bonds shall be payable in lawful money of the United States of America, without exchange or collection charges to the owner or holder, at the FIRST CITY NATION- ' AL BANK OF HOUSTON, Houston, Texas, or, at the option of the holder, the INTERFIRST BANK, Nederland, Texas, upon presentation and surrender of bonds or proper coupons. Minutes Continued, May 25, 1982 SECTION 5: That the seal of said City may be impressed on each of said bonds, or in the alternative, a facsimile of such seal may be printed on said bonds. The Bonds and interest coupons appurtenant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City, and execution in such manner shall have the same effect as if such bonds and coupons had been signed by the Mayor and City Secretary in person by their manual signatures. Inasmuch as such bonds are required to be registered by the Comptroller of Public Accounts for the State of Texas, only his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such bonds in connection with his registration certificate to appear thereon, as hereinafter provided; all in accordance with the provisions of Article 717j -1, V.A.T.C.S. SECTION 6: That the form of said bonds shall be substantially as follows: NO. UNITED STATES OF AMERICA $5,000 STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1982 The CITY OF NEDERLAND, a municipal corporation of the State of Texas, acknowledges itself indebted to and, FOR VALUE RECEIVED, hereby promises to pay to the bearer hereof, the principal sum of IFIVE THOUSAND DOLLARS ($5,000), in lawful money of the United States of America, on the FIRST DAY OF JUNE, , with interest thereon from the date hereof until paid, or the redemption hereof in accordance with the terms prescribed therefor, at the rate of PER CENT ( %) per annum, such interest being payable on December 1, 1982, and semiannually thereafter on June 1 and December 1 in each year and evidenced by interest coupons attached hereto. BOTH PRINCIPAL AND INTEREST are payable only upon presentation and surrender of this bond and the interest coupons hereto attached as the same severally be- come due at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, or, at the option of the holder, the INTERFIRST BANK, Nederland, Texas, without exchange or collection charges to the owner or holder, and the bearer of this bond and its appurtenant interest coupons shall be deemed the owner thereof for purposes of receiving payment and all other purposes, and neither the City nor the aforementioned places of payment shall be affected by any notice to the contrary. THIS BOND is one of a series of bonds, dated June 1, 1982, numbers consecutively from One (1) through Five Hundred (500), each in the denomination of Five Thousand Dollars ($5,000), aggregating in principal amount TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000), issued for the purpose of making permanent public improvements, to wit: $1,500,000 for street improvements, including drainage and sidewalk improvements incident thereto and $1,000,000 for improvements and extensions to the City's Sanitary Sewer System, under the Con- stitution and laws of the State of Texas, and pursuant to the Charter of said City of Nederland, Texas, and an ordinance duly adopted by the City Council of the City of Nederland, Texas, and duly recorded in the Minutes of said City Council. {, Minutes Continued, May 25, 1982 AS SPECIFIED in the ordinance hereinabove mentioned, the City reserves the right to redeem the bonds of said series maturing on June 1, 1993, and subsequent, in whole or any part thereof, on June 1, 1992, or on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for , redemption; PROVIDED, HOWEVER, that at least thirty (30) days prior to a date any of said bonds are to be redeemed, a notice of redemption, signed by the City Secretary (specifying the serial numbers and amount of bonds to be redeemed), shall have been filed with the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas and the INTERFIRST BANK, Nederland, Texas; and if the City shall have made available by the redemption date funds sufficient to pay the bonds to be redeemed and accrued interest thereon, any bond or bonds not presented for redemption pursuant to such notice shall cease to bear interest from and after the date so fixed for redemption. IT IS HEREBY CERTIFIED, RECITED, AND REPRHSENTED that the issuance of this bond and the series of which it is a part is duly authorized by law and by elections held for that purpose in said City; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds and of this bond have been properly done and performed, and have happened in regular and due time, form and manner as required by law; that sufficient and proper provision has been made for the levying and collection of taxes, which, when collected, shall be appropriated exclusively to the payment of this bond and the series of which it is a part, and to the payment of the interest coupons thereto annexed, as the same shall become due; and that the total indebtedness of the City of Nederland, Texas, including the entire series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN TESTIMONY WHEREOF, the City Council of the City of Nederland, Texas, in accordance with the provisions of Article 717j -1, V.A.T.C.S., has caused the seal of the City to be impressed or a facsimile thereof to be printed hereon, and this bonds and its appurtenant coupons to be executed by the imprinted facsimile signatures of the Mayor and City Secretary of said City. S /HOMER E. NAGEL Mayor, City of Nederland, Texas COUNTERSIGNED: S /CHRIS SERRES City Secretary, City of Nederland Texas SECTION 7: That the form of interest coupons attached to each of said bonds shall be substantially as follows: NO. ON THE FIRST DAY OF $ *(Unless the bond to which this coupon pertains has been redeemed in accordance with its terms,) the CITY OF NEDERLAND, a municipal corporation in the County of Jefferson, State of Texas, hereby promises to pay to bearer the amount shown 1 Minutes Continued, May 25, 1982 1 *NOTE TO PRINTER: The expression in parenthesis to be included only in coupons maturing December 1, 1992, and subsuquent, pertaining to optional bonds maturing in the years 1993 through 2000. hereon in lawful money of the United States of America, upon presentation and surrender of this coupon, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, or, at the option of the holder, the INTERFIRST BANK, Nederland, Texas, without exchange or collection charges. Such amount being interest due on such date on "CITY OF NEDERLAND, TEXAS, PERMANENT IMPROVEMENT BOND, SERIES 1982 ", dated June 1, 1982. Bond No. S /CHRIS SERRES S /HOMER E. NAGEL City Secretary Mayor SECTION 8: That the following certificate shall be printed on the back of each bond: OFFICE OF COMPTROLLER X REGISTER NO. STATE OF TEXAS I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the City of Nederland, Texas, and said bond has this day been registered by me. WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the State of Texas SECTION 9: That to provide for the payment of the debt service re- quirements on siad bonds, being (i) the interest on said bonds and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (which- ever amount shall be greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said bonds or interest thereon shall remain outstanding and unpaid, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such debt service requirements, full allowance being made for delin- quencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of said debt service requirements, and the same shall not be diverted to any other purpose. The taxes so levied shall be paid into a fund known as "SPECIAL SERIES 1982 PERMANENT IMPROVEMENT BOND FUND ", which is hereby established for the payment of the obligations herein authorized. The Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient for such bonds, it having been deter- mined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. 1(16 Minutes Continued, May 25, 1982 SECTION 10: That the sale of the bonds herein authorized to at the price of par and accrued interest to the date of delivery, pluse a premium of $ is hereby confirmed. Delivery of said bonds shall be made ' to said purchasers as soon as may be after the adoption of this ordinance, upon payment therefor in accordance with the terms of sale. SECTION 11: That the purchasers' obligation to accept delivery of the bonds herein authorized is subject to their being furnished a final opinion of Dumas, Huguenin, Boothman and Morrow, Attorneys, Dallas, Texas, approving such bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such bonds. Printing of a true and correct copy of said opinion on the reverse side of each of said bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City of Nederland, Texas, is hereby approved and authorized. SECTION 12: That the City hereby certifies and covenants that the proceeds of the bonds are needed at this time to finance the costs of capital improvements planned by the City; based on current facts, estimates and circum- stances, it is reasonably expected final disbursement of the bond proceeds will occur within three years from the date of the receipt thereof by the City; it is not reasonably expected that the proceeds of the bonds or moneys deposited in the interest and sinking fund created for the payment of the bonds will be used or invested in a manner that would cause them to be or become "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations or published rulings pertaining thereto; and save and except for the interest and sinking fund created herein no other funds or accounts have been established or pledged to the payment of the bonds. , Proper officers of the City charged with the responsibility in the issuance of the bonds are hereby authorized and directed to make, execute and deliver certifications as to facts, estimates and circumstances in existence as of the date of the issue of the bonds and stating whether there are any facts, estimates or circumstances which would materially change the City's current expectations, and the covenants herein made and certifications herein authorized are for the benefit of the holders of the bonds and coupons appertaining there- to and may be relied upon by the bondholders and bond counsel for the City. SECTION 13: That the Mayor of the 'City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the bonds herein authorized pending their approval by the Attorney General and their registration-by the Comptroller of Public Accounts. SECTION 14: That CUSIP numbers may be printed on the bonds herein authorized. It is expressly provided, however,:that- -the presence or absence of CUSIP numbers on the bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving said bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed on the bonds. SECTION 15: That, in reference to the Official Statement prepared in the initial offering and sale of the bonds herein authorized by the City, the City Council ratifies and confirms its prior approval of the form and content thereof and hereby approves the form and content of any addenda, supplement or amendment thereto; the use of such Official Statement in the reoffering of the bonds by the above named purchaser(s) is hereby approved and authorized; and the proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to said Official Statement as prescribed there- in, dated as of the date of payment for and delivery of the bonds. Minutes Continued, May 25, 1982 161 SECTION 16: That this ordinance shall take effect immediately and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND ADOPTED, this the 25th day of May, 1982. S /HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: S /CHRIS SERRES City Secretary, City of Nederland, Texas (City Seal) A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table execu- tive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Drainage problems on South 13th Street. 2. Panel truck on city property @ 25th Street with back wheels in ditch. 3. Kenneth Whelply, 21st @ Helena Avenue, has raw sewage in back yard every time it rains. 4. Drainage problem behind Nederland Memorial Funeral Home. 5. Drainage problem on 17th Street has been taken care of. 6. The corner of 17th Street and Gary Avenue needs to be repaved. The meeting adjourned at 7:30 P.M. ATTEST: Chris Ser er s, City Secretary City of Nederland, Texas �, Z7 L T1r � -( H. E. Nagel, Ma pf City of Nederland, Texas 1tA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. June 8, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of May 25, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the ex- penditure of $22,000.00 for the Summer Recreation Program. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the final plat of Sunset Place Subdivision upon the recommendation of the Planning and Zoning Commission and to authorize advertisement of bids to be received until 6:30 P.M., June 22, 1982, for the furnishing all necessary material, equipment, superintendence, and labor for the construction of water and sanitary sewer systems for Sunset Place Addition to the City of Nederland. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Ordinance No. 351 suspending the proposed rate increase by Gulf States Utilities for one hundred twenty (120) days and to approve a Resolution authorizing the city attorney to file motion to intervene on behalf of the City of Nederland. All Voted Aye. ORDINANCE 351 AN ORDINANCE SUSPENDING THE PROPSED RATE INCREASE BY GULF STATES UTILITIES COMPANY OF THE RATES FOR ELECTRIC UTILITY SERVICES IN THE CITY OF NEDERLAND; PROVIDING THE REASONS THEREFOR; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 28, 1982, Gulf States Utilities Company filed with the City its statement of Intent to Increase its Rates for Electric Utility Service in the City of Nederland, effective July 2, 1982; and WHEREAS, the City Council has determined that Gulf States Utilities Company's Statement of Intent to increase its rates for electric utility service in the City, effective July 2, 1982, should be suspended to a future date, to -wit: to a time 120 days after the proposed effective date of July 2, 1982, for the following reasons: (1) The City Council has not had sufficient time to analyze and study the proposed increase; (2) That in order to reach a determination of the justness, reason- ableness, 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 pursuant to Section 43(d) of the Public Utility 1 Minutes Continued, June 8, 1982 10 9 Regulatory Act, the operation of the Gulf States Utilities Company's proposed rate schedules filed with the City of Nederland on May 28, 1982, is hereby suspended for a period of one hundred twenty (120) days from July 2, 1982, for further study, investigation, presentation of evidence and public hearing. Section 2: - This being an Ordinance not requiring publication, it shall take effect and be in force from and after its passage. The City Clerk shall deliver a copy hereof to the local Manager of Gulf States Utilities Company. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 8th day of June, 1982. S /HOMER E. NAGEL Homer Nagel, Mayor ATTEST: S /CHRIS SERRES City Secretary The foregoing resolution, including all the provisions thereof, is hereby approved as to form and legality. S /W. EVERETT SANDERSON W. Everett Sanderson City Attorney RESOLUTION A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE MOTION TO INTERVENE ON BEHALF OF THE CITY OF NEDERLAND IN DOCKET NO. 4510 BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS WHEREAS, Gulf States Utilities Company has filed application for a general rate increase within the City of Nederland and within the unicorporated areas served by it in the State of Texas, being Docket No. 4510 before the Public Utility Commission of Texas; and, WHEREAS, it is in the interest of the City of Nederland to partici- pate in that proceeding; 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 motion to intervene on behalf of the City of Nederland in Docket No. 4510 be- fore the Public Utility Commission of Texas. H U Minutes Continued, June 8, 1982 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 8 day of June, 1982. S /HOMER E. NAGEL Homer Nagel, Mayor ATTEST: S /CHRIS SERRES City Secretary The foregoing resolution, including all the provisions thereof, is hereby approved as to form and legality. S /W. EVERETT SANDERSON W. Everett Sanderson City Attorney A motion was made by Mr. Nugent and seconded by Mr. Nagel to award bid for petroleum lubricant products to Chickering Oil and Supply of Port Arthur, Texas. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to reject all bids received for gasoline. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to reject all bids received for 1982 police car and to readvertise for bids at some later date. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer bids received for 340,000 garbage bags to the city manager and his staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of Estimate No. 3 in the amount of $213,525.00 to Preload Technology, Inc., Job No. 380 -61C for the two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment on Estimate No. 2 in the amount of $140,844.00 to Gulf Coast Industrial Contractors, Inc., Job No. 379 -57P for 27th Street paving from Nederland Avenue to Avenue H. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Amendment to Ordinance No. 107 designating the thirteen and fourteen hundred blocks of Boston Avenue and the 200 block of 14th Street from Atlanta Avenue to Boston Avenue a two hour parking zone from 9:00 a.m. to 5:00 p.m., Monday through Saturday. All Voted Aye. I Minutes Continued, June 8, 1982 ; I. 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 fo the City of Nederland is of the opinion that a defi- nite policy should be established pertaining to traffic regulations including parking rules and parking on Boston Avenue. NOW, THEREFORE, BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - TIME PARKING There shall be two hour limited vehicular parking in the thirteen and fourteen hundred blocks of Boston Avenue and the two hundred block of 14th Street from Atlanta Avenue to Boston Avenue between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday. Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof 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 8 day of June, A.D., 1982. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas IAPPROVED AS TO FORM AND LEGALITY: q/w_ F._ gANDERSQN W. E. Sanderson, City Attorney City of Nederland, Texas Minutes Continued, June 8, 1982 A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize Barbara Newberry to attend the National Conference in Philadelphia, Pennsylvania, July 9 -15, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Nelson Johnson and Jerry Windham to attend a short course in waste disposal to be held in San Antonio, June 21 -25, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the city manager to tour solid waste combustion disposal plants in Hampton, Virginia and Gatlin, Tennessee, June 9 -11, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to set a Public Hearing for June 22, 1982 at 6:30 P.M., for the purpose of determining the use of revenue sharing funds during the 1982 -1983 fiscal year in accordance with the Rules of the Federal Office of Revenue Sharing. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve payment of bills for the month of May. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. The lot around ABC Auto Sales /T. & E. Motors needs to be cleaned. 2. Water standing in the ditch @ 900 Block of 17th Street. 3. Changing the first council meeting of the month to meet at 3:00 P.M. instead of 6:30 P.M. 4. Robert Bodemuller reported on the progress of the Booty Ritter Center for Senior Citizens. 5. Letter from Water District 10 commending the Nederland Fire Department on their response to recent fires in their area. 6. Rehabilitation of different streets throughout the city. The meeting adjourned at 7:40 P.M. lam% E. Nagel, MaY r City of Nederland, Texas ATTEST: Chrib Serres, City Secretary City of Nederland, Texas 1 SPECIAL (EMERGENCY) MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND, TEXAS 6:30 P.M. June 22, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid re- ceived for water and sanitary sewer system for Sunset Place Addition to Black - sher and Son, Orange, Texas. All Voted Aye. The meeting adjourned at 7:20 P.M. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 H. E. Nagel, Ma or City of Nederland, Texas t l�+ REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. June 22, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of June 8, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the proposed use of revenue sharing funds during the 1982 -1983 fiscal year in accordance with the rules of the Federal Office of Revenue Sharing. All Voted Aye. PUBLIC HEARING Proposed Use of Revenue Sharing The City of Nederland will hold a Public Hearing at 1400 Boston Avenue, on June 22, 1982, at 6:30 P.M., for the purpose of obtaining written and oral comment from the public on the proposed uses of revenue sharing funds in the upcoming budget for Fiscal Year 1982 -83. All interested citizens' groups, senior citizens, and senior citizen organizations are encouraged to attend the hearing. Persons attending the hearing shall have the right to provide written and oral comments and sug- gestions regarding possible use of revenue sharing funds. Following is important planning information for the Proposed Use Hearing: Amount of unappropriated revenue sharing funds in the local trust fund $ -o- Amount of revenue sharing funds expected to be received during the upcoming fiscal year $121,536.00 Proposed use: Street lights $ 60,000.00 Electricity - Water Plant 30,000.00 Electricity - Buildings 31,536.00 TOTAL $121,536.00 A motion was made by Mr. Nugent and seconded by Mr. Nagel to award the bid for 340,000 plastic garbage bags to Pak -Rite, Inc., Waco, Texas. Their bid being in the amount of $12,454.20. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint City Officials in accordance with the City Charter from July 1, 1982 to June 30, 1983 as follows: Mrs. Chris Serres, City Secretary /Tax- Assessor /Collector; J. B. McKinney, City Treasurer; Billy Neal, Police Chief; Mike Lovelady, Fire Chief /Fire Marshal; Melvin Franks, City Judge; and W. E. Sanderson, City Attorney; Minutes Continued, June 22, 1982 `) % and appointment of Civil Defense Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Director; Billy Neal, Assistant Director; and Planning Commission - Melvin L. Moss; R. J. Lawrence; Clifford 0. Williams; Robert Bodemuller; and R. J. Williford. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve amending Ordinance No. 164 setting regular dates for Council Meetings to be held from August 10, 1982 through April 5, 1983. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM AUGUST 10, 1982 THROUGH APRIL 5, 1983. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting dates for the meeting of the City Council of the City of Nederland. All of the below regu- lar meetings shall begin at 3:00 P.M. on each of the following dates: August 10 September 14 October 12 November 9 December 14 January 11 February 8 March 8 April 5 the remainder of the meetings shall begin at 6:30 P.M. on the following dates: August 24 September 28 October 26 November 23 December 28 January 25 February 22 March 22 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Counicl at a regular meeting this the 22 day of June, 1982. Homer E. Nagel, ayor V City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 J Minutes Continued, June 22, 1982 A motion was made by Mr. Nagel and seconded by Mr. Sawyer to assess charges, file liens and to take all other necessary action to collect assessed charges in accordance with Ordinance No. 178 on the following pieces of property: Lot 16 Block 3 Clayton Addition, Lot 4 Block 5 Clayton Addition, Lot 5 Block 5 , Clayton Addition, Lot 6 Block 1 Clayton Addition, Lot 2 Block 2 Clayton Addition, Lots 3 & 4 Block 2 Clayton Addition, Lot 9 Block 3 Clayton Addition, Lot 4 Block 4 Clayton Addition, Lots 1, 2, & 3 Block 3 Clayton Addition, and Lot 4 Block 2 Moak Addition. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the Public Works Director to initiate the 1982 Driveway Program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve the payment of final estimate for architectural services in the amount of $995.26 to Moore, Stansbury and Vaught, for the Senior Citizen Center. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Ordinance No. 352 suspending Southern Union Gas Company's request to increase rates. All Voted Aye. ORDINANCE NO. 352 AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE BY SOUTHERN UNION GAS COMPANY OF THE RATES FOR GAS SERVICE IN THE CITY OF NEDERLAND; PROVIDING THE REASONS THEREFOR; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 9, 1982, Southern Union Gas Company filed with the I City of Nederland its Statement of Intent to increase its rates for gas utility service in the City of Nederland, effective July 13, 1982; and WHEREAS, the City Council has determined that Southern Union Gas Company's Statement of Intent to increase its rates for gas utility service in the City, effective July 13, 1982, should be suspended to a future date; to -wit: to a time 120 days after the propsed effective date of July 13, 1982, for the following reasons: (1) The City Council has not had sufficient time to analyze and study the proposed increase; (2) That in order to reach a determination of the justness, reason- ableness, 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 pursuant to Section 43(d) of the Public Utility Regulatory Act, the operation of the Southern Union Gas Company's proposed rate schedules filed with the City of Nederland on June 9, 1982, is hereby suspended for a period of one hundred twenty (120) days from July 13, 1982, for further study, investigation, presentation of evidence and public hearing. Section 2: This being an Ordinance not requiring publication, it shall take effect and be in force from and after its passage. The City Clerk shall I deliver a copy hereof to the local Manager of Southern Union Gas Company. Minutes Continued, June 22, 1982 l V PASSES, APPROVED and ADOPTED at a regular meeting of the City Council held on the 22nd day of June, 1982. S /HOMER E. NAGEL Homer E. Nagel, Mayor ATTEST: S /CHRIS SERRES Chris Serres, City Secretary The foregoing ordinance, including all the provisions thereof, if hereby approved as to form and legality. S /W. E. SANDERSON W. E. Sanderson, City Attorney A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve two Resolutions hiring Don Butler and Touche -Ross to represent the City in the Gulf States Utilities rate case. All Voted Aye. RESOLUTION A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO ASSIST IN THE MATTER OF PROPOSED RATE CHANGES BY GULF STATES UTILITIES COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That upon recommendation of the City Attorney, Special Counsel, Don Butler, Attorney, be employed, effective April 19, 1982, to assist in pro- viding legal services for all participating Cities in the matter of Gulf States Utilities Company's State of Intent to change rates on a systemwide basis for both incorporated and unicorporated areas of service as filed with the Cities and the Public Utility Commission of Texas on May 28, 1982, respectively; and That the fees and expenses of Special Counsel shall be shared by participating Cities in proportion to their respective number of electric utility customers. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 22 day of June, 1982. S /HOMER NAGEL Homer Nagel, Mayor ATTEST: S /CHRIS SERRES City Secretary 1 The foregoing resolution, including all the provisions thereof, is hereby approved as to form and legality. S /W. EVERETT SANDERSON W. Everett Sanderson City Attorney 11 Minutes Continued, June 22, 1982 RESOLUTION A RESOLUTION CONCURRING IN THE EMPLOYMENT OF TOUCHE ROSS & CO., AS RATE CONSULTANT FOR PARTICIPATING CITIES IN THE MATTER OF GULF STATES UTILITIES COMPANY RATE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the City Council of the City of Nederland hereby approves and concurs in the employment of Touche Ross & Co., by the City of Beaumont on behalf of all participating Cities, including the City of Nederland, in the matter of the rate applications of Gulf States Utilities Company now pending before the Public Utility Commission in Docket No. 4510 and before the City of Nederland and other Cities in the Gulf States Service area; and hereby further agrees to share in the fees and expenses of Touch Ross & Co., with all other participating Cities in proportion to their respective number of electric utility customers. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 22 day of June, 1982. S /HOMER NAGEL Homer Nagel, Mayor ATTEST: S /CHRIS SERRES City Secretary The foregoing resolution, including all the provisions thereof, is hereby approved as to form and legality. S /W. EVERETT SANDERSON W. Everett Sanderson City Attorney A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize James Byers to attend the Thirteenth Annual Municipal Inspectors Training School at Texas A & M University, August 9 -13, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to personnel and legal matters. All Voted Aye. Discusstion Items: 1. Neighborhood Watch Program on 17th Street is working well. The meeting adjourned at 7:20 P.M. H. E. Nagel, M or City of Nederland, Texas ATTEST: qq , Chris Serr s, City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 13, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the Minutes of the meeting of June 22, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table comments from Mr. Trosclair in reference to water service to his property due to his absence. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to refer Ronnie Trahan's request for financial help from the City of Nederland for improvements to Homer Nagel Park to the City Manager and staff for recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve an Amendment to Ordinance No. 164 setting regular dates for Council meetings to be held from September 14, 1982 through April 5, 1983. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM SEPTEMBER 14, 1982 THROUGH APRIL 5, 1983. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting dates for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 3:00 P.M. on each of the following dates: September 14 October 12 November 9 December 14 January 11 February 8 March 8 April 5 the remainder of the meetings shall begin at 6:30 P.M. on the following dates: September 28 October 19 November 23 December 28 January 25 February 22 March 22 I L O Minutes Continued, July 13, 1982 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the 13 day of July, 1982. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a Resolution accepting the City of Nederland budget for the fiscal year beginning October 1, 1982 and ending September 30, 1983; also calling for a Public Hearing to be held at 6:30 P.M., August 10, 1982. 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, 1982 AND ENDING SEPTEMBER 30, 1983. 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, 1982 and end- ing September 30, 1983, 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 Ned- erland is hereby accepted and a Public Hearing is hereby set for 6:30 P.M., August 10, 1982, 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 1 1 Minutes Continued, July 13, 1982 L"1 the 13th day of July, A.D., 1982. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Resolution calling a Public Hearing on the Gulf States Utilities Company Rate Increase request for 6:30 P.M., July 27, 1982. All Voted Aye. RESOLUTION A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS REQUIRING PRO- DUCTION OF BOOKS AND RECORDS AND RESPONSES TO REQUESTS FOR INFORMATION REGARDING THE PROPOSED RATE SCHEDULES FILED BY GULF STATES UTILITY AND ESTABLISHING A DATE AND TIME FOR A PUBLIC HEARING ON SAID PROPOSED RATE CHANGE. WHEREAS, Gulf States Utility Company did, on May 28, 1982, file a schedule of rates for service within the City of Nederland; and WHEREAS, the proposed rate schedules filed by Gulf States Utility Com- pany were allegedly designed to produce an increase in revenues of $145.8 million, which is allegedly a 29 percent increase in total revenues including fuel; and WHEREAS, pursuant to Section 29(a) of the Public Utility Regulatory Act, TEX. REV. CIV. STAT. ANN. art. 1446c (1980), the City of Nederland, its Council, agents, and employees have the right to inspect and obtain copies of the papers, books, accounts, documents, and other business records of Gulf States Utility Company, and to inspect the plant, equipment, and other pro- perty of Gulf States Utility Company within its jurisdiction, and have the right to require the production within this state of any books, accounts, papers, or records kept by Gulf States Utility outside the state; and WHEREAS, it is the opinion of the City Council of the City of Nederland, Texas, that its rate consultants, Touche Ross and Company, Greg Tarasar, Connie Treece, and Robert Johnson, and its attorneys, W. Everett Sanderson, Don R. Butler and Grace Hopkins Casstevens, should be authorized to inspect and obtain copies of the papers, books, accounts, docu- ments, and other business records of Gulf States Utility Company in order that the City of Nederland can evaluate the reasonableness of the rate change requested by Gulf States Utility; and WHEREAS, it is the opinion of the City Council of Nederland that, in order that the City of Nederland can evaluate the reasonableness of Gulf States Utility rate change request, Gulf States Utility should be required to answer all questions submitted by and provide all information requested by its rate consultants, Touche Ross and Company, Greg Tarasar, Connie Treece, Minutes Continued, July 13, 1982 and Robert Johnson, and its attorneys, W. Everett Sanderson, Don R. Butler and Grace Hopkins Casstevens, in writing within fifteen days of receipt of same. WHEREAS, the rate change proposed by Gulf States Utility is a "major change" as "major change" is defined by Section 43(b) of the Public Utility Regulatory Act; and WHEREAS, Section 43(c) of the Public Utility Regulatory Act requires a public hearing in any case in which the proposed rate change constitutes a major change in rates; and WHEREAS, it is the opinion of the City Council of the City of Ned- erland that the public hearing on the request of Gulf States Utility Company for a rate increase should be held on July 27, 1982 at 6:30 P.M. at the City Hall of the City of Nederland, so that the City, its Attorneys, and Rate Consultants can obtain additional information and further evaluate the reasonableness of GSU's rate increase request. WHEREAS, a copy of this resolution has been provided to Gulf States Utility Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: (1) Gulf States Utility Company is hereby directed to answer all requests for information and data propounded by Touche Ross and Company, Greg Tarasar, Robert Johnson, and Connie Treece, and by W. Everett Sanderson, ' Don R. Butler and Grace Hopkins Casstevens in writing within fifteen days after receipt; (2) Gulf States Utility Company is directed to permit its rate consultants, accountants, auditors, attorneys, and engineers, including but not limited to Touche Ross and Company, Greg Tarasar, Robert Johnson, and Connie Treece, and its attorneys, W. Everett Sanderson, Don R. Butler, and Grace Hopkins Casstevens to inspect and obtain copies of the papers, books, accounts, documents, and other business records to Gulf States Utility and to answer any questions propounded during the inspection of the papers, books, accounts, documents, and other business records of Gulf States Utility Company; and (3) That a public hearing be held on July 27, 1982, at 6:30 P.M. at the City Hall of the City of Nederland on the rate increase requested by Gulf States Utility Company. ADOPTED by the City Council of the City of Nederland on this 13 day of July, 1982. S /HOMER NAGEL Homer Nagel, Mayor ATTEST: I S /CHRIS SERRES City Secretary Minutes Continued, July 13, 1982 1` ?:, A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the City of Nederland to join with the other members of the Mid County Municipal League in hiring Dr. Kim and Associates of Lamar University to evaluate the Southern Union Gas Rate Increase request. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Amendment to Ordinance No. 89 regulating the location and conditions of livestock with- in the corporate city limits of Nederland. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 89 AN ORDINANCE MAKING IT A CLASS "C" MISDEMEANOR PUNISHABLE BY FINE FOR ANY PERSON, FIRM OR CORPORATION TO USE LANDS WITHIN THE CITY OF NEDERLAND, TEXAS, UPON WHICH TO KEEP, MAINTAIN, FEED OR HERD LIVESTOCK, DOMESTIC ANIMALS, OR FOWL WITHIN A DISTANCE OF FIFTY FEET (50') OF A NEIGHBORING PROPERTY LINE ON WHICH A RESIDENCE OR BUSINESS IS LOCATED ON THE SAID PROPERTY; PROHIBITING THE STAKING OF LIVESTOCK, DOMESTIC ANIMALS OR FOWL ON THE DEDICATED ROADS OR STREETS OR IN A MANNER IN WHICH THEY MIGHT BE ABLE TO REACH THE DEDI- CATED ROADS OR STREETS; AND FURTHER PROVIDING THAT FOR VIOLATION OF THIS ORDINANCE A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) SHALL BE ASSESSED WITH EACH AND EVERY DAY BEING A SEPAR- ATE OFFENSE; GIVING DEFINITIONS AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING A SAVINGS CLAUSE; REQUIRING SUCH LIVESTOCK, DOMESTIC ANIMALS OR FOWL TO BE ADEQUATELY PENNED AND TO PREVENT FLIES, BAD ODORS AND ANNOY- ANCES; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: DEFINITIONS 1. The term "livestock" used in this ordinance is defined as any type of animal kept or raised for use or pleasure, such as farm animals kept for use and profit. 2. The term "domestic animal" is defined as any animal domesticated by man so as to live and breed in a tame condition. 3. The term "fowl" is defined as a bird of any kind. 4. Ther term "lots" or "blocks" of land used herein shall include and mean a tract or parcel of land of any size. SECTION 2: It shall be unlawful for any person, firm, corporation or family to use lots, blocks or tracts of land in the City of Nederland, Texas, for the keeping, feeding, herding or maintaining livestock, domestic animals or fowl of any kind within a distance of fifty feet (50') of a neighboring property line on which a residence or business is located on the said lot. SECTION 3: It shall be required that any person, firm, corporation or family so owning such livestock, domestic animals or fowl, using such livestock, domestic animals or fowl, herding, maintaining and keeping then within the City limits at a distance of more than fifty feet (50') from a neighboring property line on which a residence or business is located on the said lot, to keep them adequately penned and to prevent flies and bad odors from annoying, molesting and inconveniencing the people who live adjacent to such livestock, domestic animals or fowl. 124 Minutes Continued, July 13, 1982 SECTION 4: It shall be unlawful for any person, firm, corporation or family to stake livestock, domestic animals or fowl on the dedicated roads or streets or in a manner in which they might be able to reach the dedicated roads or streets. , SECTION 5: Should this Ordinance or any portion or part be declared invalid by a court of competent jurisdiction, it shall not affect the re- mainder hereof. SECTION 6: The violation of this ordinance shall be deemed a Class "C" Misdemeanor punishable by fine of not more than Two Hundred Dollars ($200.00). SECTION 7: In the enforcement of this Ordinance each and every day shall constitute a separate and distinct offense hereunder. SECTION 8: In view of the fact that this Ordinance is necessary for the immediate protection and preservation of the public health, safety and general welfare, it becomes necessary that this Ordinance shall be effective immediately from and after the passage of it and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 13 day of July, A.D., 1982. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: I S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimate No. 3 in the amount of $86,158.00 to Gulf Coast Industrial Contractors, Inc., Job No. 379 -57P, 27th Street Paving from Nederland Avenue to Avenue H. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve payment of Estimate No. 4 in the amount of $75,645.55 to Preload Technology, Inc., Job No. 380 -61C, two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize Mike Lovelady, Morris Meziere, Gary Collins, and Volunteers Glenn DeCuir and Don Willis to attend the 53rd Annual Fireman's Training School at Texas A & M University, July 25 -30, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table Executive Session relating to personnel and legal matters. - All Voted Aye. I Discussion Items: 1. Drainage on Gary Avenue @ 17th Street 2. Vacant House 17th @ Elgin being a fire hazard. The meeting adjourned at 7:45 P.M. 1 ATTEST: %,°` Chris Serr s, City Secretary City of Nederland, Texas 1 1 Minutes Continued, July 13, 1982 7!) H. E. Nagel, 'Mayor City of Nederland, Texas <1 U REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 27, 1982 , The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Homer Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of July 13, 1982. All Voted Aye. • Public Hearing on Gulf States Utilities Rate Increase request was held. • motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve Ordinance No. 353 setting electric utility rates for the City of Nederland. All Voted Aye. ORDINANCE NO. 353 AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY GULF STATES UTILITIES COMPANY IN THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR SCHEDULES, CONDITIONS, SEVERABILITY: REPEAL OF CONFLICTING ORDINANCES. WHEREAS, on May 28, 1982, Gulf States Utilities Company (GSU) filed with the City of Nederland a request for an increase in electric utility rates to be charged within the City (approximately $145.8 million per annum on a system -wide basis, an increase in total adjusted test year , base rate revenues of approximately 47.38$); and WHEREAS, the City, having suspended the effective date of such proposed increase from July 2, 1982, and having considered the same at a public hearing, is of the opinion and finds that an increase in rates should be approved; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: PART 1: That an increase in the rates, tariffs, and charges of GSU for electric power and energy sold within the City be approved in an amount such that the adjusted total system -wide operating revenues for the Canpany be increased $71,448,000 per annum, an increase of approximately 23.2% in base rate revenues based on the adjusted test year ending December 31, 1981. Such Schedule of Rates, as are approved in accordance herewith, are those under which said Company shall be authorized to render electric service and to collect charges from its customers for the sale of elec- tric power and energy within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended, or with- drawn, with the approval of the City Council. PART 2: That GSU shall file with the City a revised Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges based upon an increase in total operating revenues as prescribed herein. Such ' Schedule of Rates and Tariffs, may be modified or amended by the City Council within ten (10) days from the date of filing with the City, other- wise the same shall be considered approved as filed. Such Schedule of Rates and Tariffs, as the same may be modified or amended, shall apply to Minutes Continued, July 27, 1982';' all power and energy used by each customer on and after September 30, 1982. PART 3: That the action of the City Council of the City of Nederland enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for GSU within the City of Nederland in accordance with Section 43(e) of the Public Utility Regulatory Act. PART 4: Nothing in this Ordinance contained 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 GSU. PART 5: That all Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED FINALLY ON THIS 27th day of July , A.D. 1982. ATTEST: CHRIS SERRES HOUR E. NAGEL CITY SECRETARY MAYOR A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bids for water and sewer items let for bid under the Mid - County Municipal League to Golden Triangle Pipe Supply. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertisement of bids to be received August 10, 1982 for one slope mower attachment. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment on Estimate No. 4 in the amount of $91,340.00 to Gulf Coast Industrial Contractors, Inc., Job No. 379 -57P, 27th Street paving from Nederland Avenue to Avenue H. All voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment on Estimate No. 5 in the amount of $67,492.95 to Preload Technology, Inc., Job No. 380 -61C1, two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment on Estimate No. 7 in the amount of $5,498.50 to Morrison and Miller, Job No. 380 -61C1, two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize CRH and Associ- ates to perform a water valve location and mapping study for the City of Nederland. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to reject request from Triple "J" Bar- B-Que, 544 Hill Terrace Drive, for permits for on- premise consumption of alcoholic beverages in accordance with Ordinance No. 70. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize Howard McDaniel to attend the Gulf States Utilities hearing in Austin, Texas, August 9, 1982 and to authorize D. E. Sosa to attend the 55th Annual T.C.M.A. meeting in Irving, Texas, August 7 -10, 1982. All Voted Aye. A notion was made by Mr. Nagel and seconded by Mr. Sawyer to table Executive Session relating to personnel and legal matters. All Voted Aye. Minutes Continued, July 27, 1982 Discussion Items: 1. Grass Cutting Liens. I 2. Mr. !Moore, 1615 Avenue G, needs lot cleaned directly behind his property. 3. Grass needs to be mowed all over City. The meeting adjourned at 7:10 P.M. ATTEST: 0& JSAA�� Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, Ma or City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 10, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of July 27, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table continents from Henry R. Ta -lor, 2620 Avenue D, in reference to 27th Street construction, due to his absence. All Voted Aye. A Public Hearing was conducted on the proposed City of Nederland budget for the fiscal year beginning October 1, 1982 and ending September 30, 1983. A motion was made by Mr. Nagel and seconded by Mr. Nugent to adopt the tax rate at $.62 per $100.00 valuation for the fiscal year beginning October 1, 1982 and ending September 30, 1983. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the 1982- 1983 budget and approve the passage of Ordinance No. 354. All Voted Aye. ORDINANCE NO. 354 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERDII= OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1982, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INrEPREST AND COST FOR DELINQUENT TAXES; AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I That there is hereby levied and there shall be collected for the use and support of the Municipal Government of the City of Nederland, Texas, and to provide interest and sinking funds for the year nineteen hundred and eighty - two (1982) upon all property, real, personal and mixed within the corporate limits of the said City, subject to taxation. A tax of sixty -two cents ($.62) of each one hundred dollars ($100.00) 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) 48.73% of each one dollar ($1.00) levied on the 1982 Tax Roll. ' (b) For the purpose of paying interest and principal on the seven hundred seventy -five thousand dollar ($775,000.00) Water and Sewer Improvement Bonds, Series 1959, 3.04% of each one dollar ($1.00) levied on the 1982 Tax Roll. �(} Minutes continued, August 10, 1982 (c) For the purpose of paying interest and principal on the three hundred twenty -five thousand dollar ($325,000.00) Water and Sewer Improvement Bonds, Series 1960, .88% of each one dollar ($1.00) levied on the 1982 Tax Roll. ' (d) For the purpose of paying interest and principal on the two hundred twenty -five thousand dollar ($225,000.00) Water and Sewer Improvement Bonds, Series 1961, .65% of each one dollar ($1.00) levied on the 1982 Tax Roll. (e) For the purpose of paying interest and principal on the twenty thousand dollar ($20,000.00) Fire Station Bonds, Series 1962, .10% of each one dollar ($1.00) levied on the 1982 Tax Roll. (f) For the purpose of paying interest and principal on the five hundred thousand dollar ($500,000.00) Street Improvement Bonds, Series 1962, 1.26% of each one dollar ($1.00) levied on the 1982 Tax Roll. (g) For the purpose of paying interest and principal on the three hundred thousand dollar ($300,000.00) Street Improvement Bonds, Series 1963, .86% of each one dollar ($1.00) levied on the 1982 Tax Roll. (h) For the purpose of paying interest and principal on the one million eighty thousand dollar ($1,080,000.00) Street Improve- ment Bonds, Series 1967, 2.64% of each one dollar ($1.00) levied on the 1982 Tax Roll. , (i) For the purpose of paying interest and principal on the four hundred fifty thousand dollar ($450,000.00) Street Improvement Bonds, Series 1969, 1.78% of each one dollar ($1.00) levied on the 1982 Tax Roll. (j) For the purpose of paying interest and principal on the three hundred fifty thousand dollar ($350,000.00) Sewer Improvement Bonds, Series 1970, 1.60% of each one dollar ($1.00) levied on the 1982 Tax Roll. (k) For the purpose of paying interest and principal on the two hundred fifty thousand dollar ($250,000.00) Park Improvement Bonds, Series 1978, 1.00% of each one dollar ($1.00) levied on the 1982 Tax Roll. (1) For the purpose of paying interest and principal on the two million seven hundred fifty thousand dollar ($2,750,000.00) Street Improvement Bonds, Series 1978, 10.80% of each one dollar ($1.00) levied on the 1982 Tax Roll. (m) For the purpose of paying interest and principal on the eight hundred fifty thousand dollar ($850,000.00) Park Improvement Bonds, Series 1980, 4.81% of each one dollar ($1.00) levied on the 1982 Tax Roll. I Minutes Continued, August 10, 1982 (n) For the purpose of paying interest and principal on the one hundred thirty thousand dollar ($130,000.00) Library Improvement Bonds, Series 1980, .40% of each one dollar ($1.00) levied on ' the 1982 Tax Roll. (o) For the purpose of paying interest and principal on the one million twenty thousand dollar ($1,020,000.00) Street Improvement Bonds, Series 1980, 5.43% of each one dollar ($1.00) levied on the 1982 Tax Roll. (p) For the purpose of paying interest and principal on the one million dollar ($1,000,000.00) Sewer Improvement Bonds, Series 1982, 6.45% of each one dollar ($1.00) levied on the 1982 Tax Roll. (q) For the purpose of paying interest and principal on the one million five hundred thousand dollar ($1,500,000.00) Street Improvement Bonds, Series 1982, 9.57% of each one dollar ($1.00) levied on the 1982 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 1982. SECTION III That the ad valorem taxes herein levied for the year 1982 shall become due January 1, 1983, though payable on the first day of October, 1982, and may be paid up to and including the following January 31, 1983, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1983, and the following penalties shall be payable thereon to -wit: If paid during the month of February, six percent (6 %); if paid during the month of March, seven percent (7 %); if paid during the month of April, eight percent (8 %); if paid during the month of May, nine percent (9 %); if paid during the month of June, ten percent (10 %); and if paid on or after the 1st day of July, 1983, twelve percent (12 %) penalty. Such unpaid taxes shall bear inter- est rate of 12% per annum from February 1, 1983, the same being the next year succeeding the year 1982; and if paid on or after the 1st day of July, 1983, 12% interest; for which taxes are hereby levied or assessed. Tax cost shall be one dollar ($1.00). SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1983, 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, 1982. 1 ,•••° Minutes Continued, August 10, 1982 S /HOMER E. NAGEL , Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPORVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nagel and seconded by .Mr. Gillespie to refer bids received for slope mower to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertise- ment of bids to be received September 14, 1982 for reroofing the windmill. All I Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertise- ment of bids to be received August 24, 1982 for two (2) police cars. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bids received for caustic and chlorine let for bid under the Mid - County Municipal League to McKesson Chemical Company. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to appoint Mr. Everette W. Browning auditor for the fiscal year ending September 30, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve payment of bills for the month of July. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Mr. Howard McDaniel reported on Gulf States Utilities Hearing in Austin The meeting adjourned at 7:20 P.M. ATTEST: Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 24, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of August 10, 1982. . All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to set a Public Hearing for September 14, 1982, 6:30 P.M., concerning request from Joe DiBacco of Liberty Cable Television to increase rates. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve an amend- ment to Ordinance No. 107 designating both sides along 34th Street from Canal Avenue to Omaha Avenue a no parking zone. 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 defi- nite policy should be established pertaining to traffic regulations including park- ing rules and parking on 34th Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1 - NO PARKING Parking shall be prohibited along both sides of 34th Street from Canal Avenue to Amaha Avenue. SECTION 2 - PENALTY Any person who violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be fined a sum not less than one dollar ($1.00) nor more than two hundred dollars ($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 Minutes Continued, August 24, 1982 the day of , A.D., 1982. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, 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. Lee to refer bids received for two (2) police cars to the City Manager and staff for tabulation and recommend- ation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award bid for one (1) slope mower attachment to Hyco Equipment Company in the amount of $9,445.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bid for 314,000 garbage bags let for bid under the Mid - County Municipal League to Adams Industries in the amount of $13,736.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize Don Butler to represent the City of Nederland in the Southwestern Bell rate case. The amount of $589.83 is to be paid to the Texas Municipal League as the City of Nederland's part of cost. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the Nederland Police to escort N.I.S.D. school buses to out -of -town footpall games. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Mr. Bamber to attend the International. Public Works Congress and Equipment Show in Houston, Texas, September 11 -16, 1.982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Stray dogs @ 34th Street, Nashville Avenue, and Omaha Avenue. Minutes Continued, August 24, 1982 Discussion Items (Cont.): 2. Ordinance No. 146 which sets forth requirement rules and regulations providing ' for off - street parking. 3. Plaque received from Babe Ruth League in appreciation to the City of Nederland for the 1982 Southwest REgion 16 -18 Year Old's tournament held in the City of Nederland. The meeting adjourned at 7:30 P.M. ATTEST: oit L� Chris Serre , City Secretary City of Nederland, Texas 1 1 H. E. Nagel, May 6r City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 14, 1982 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, and Mr. R. D. Sawyer. Mr. T. E. Lee, Jr. was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of August 24, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table receiving comments from Mr. John O "Connor of 208 South 21� Street concerning school- crossing protection due to Mr. O'Connor's absence. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer bids re- ceived for reroofing the Windmill Museum to the City Manager and staff for tab- ulation and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to award bid for two (2) police cars to J. K. Chevrolet in the amount of $14,350.79. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept water and sanitary sewer utilities in Sunset Place Subdivision, to authorize final payment to Blacksher and Son, Inc., in the amount of $26,303.00 and to authorize total payback to developer in the amount of $27,881.18 as per Ordinance No. 121. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement for bids to be received October 12, 1982 for Segment II of 27th Street paving from Avenue H to FM 365. All. voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize advertisement for bids to be received October 12, 1982 for one (1) rubber tire backhoe. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize the Nederland Police Department to proceed with grant applications for radio and video equipment. All Voted Aye. A RESOLUTION WHEREAS, the City Council of the City of Nederland deems it in the best interest of the City to upgrade the communications in the Central Dispatch Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OE' NEDERLAND: That the Nederland Police Department be authorized to proceed with the Grant Application to the office of the Governor's General Council and Criminal Justice Minutes Continued, September 24, 1982 and that an amount of $515.50 will be provided by the City of Nederland to match an amount of $1,546.50 provided by the State of Texas. IPASSED, this the 14 day of September, 1982. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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 IA RESOLUTION WHEREAS, the City Council of the City of Nederland deems it in the best interest of the City to upgrade the video system in the Central Dispatch Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF' THE CITY OF NEDERLAND: That the Nederland Police Department be authorized to proceed with the Grant Application to the office of the Governor's General Council and Criminal Justice and that an amount of $1,075.00 will be provided by the City of Nederland to match an amount of $3,575.00 provided by the State of Texas. PASSED, this the 14 day of September, 1982. S /H. E. NAGEL H. E. Nagel, Mayor ATTEST: I S/CHRIS SERRES Chris Serres, City Secretary Minutes Continued, September 14, 1982 APPROVED AS TO FORM AND :LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve payment of Estimate No. 5 in the amount of $87,064.00 to Gulf Coast Industrial Contractors, Inc., Job No. 379 -57P, 27th Street Paving. All Voted Aye. A motion was made by Mr. Nugent and second• -d by Mr. Sawyer to approve payment of Estimate No. 6 in the amount of $51,062.50 to PreLoad Technology, Inc., Job No. 380 -61C, two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve payment of Estimate No. 1 in the amount of $7,550.00 to Naylor Industries, Inc., Job No. 379- 17B2Y, Sewer System Rehabilitation., All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve payment of Estimate No. 1 in the amount of $92,052,00 to Bella Company, Job No. 379 -17B, wastewater collection system improvements. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize renewal of a one (1) year contract between the City of Nederland and Mid - Jefferson County Senior Citizens, Inc., for the use of B. A. "Booty" Ritter Senior Citizen Center. All Voted Aye. A motion was made by Mr. 'Nagel and seconded by Mr. Nugent to approve the list of corrections in assessments in accordance with Section 8.09 of the City Charter. All Voted Aye. ERRORS IN 1980 AND 1981 TAX ROLL Description Assessment Assessment Tax Deleted Added Personal Property (1980) - 2,900.00 46.98 Compugraphic Corporation Personal Property (1980) •- 14,000.00 226.80 Branding Iron Restaurant Lot 9 Block 11 Wagner 2 (1980) 4,000.00 64.80 Personal Property (1981) -- 42,000.00 260.40 Branding Iron Restaurant Personal Property (1981) -- 1,860.00 11.53 Michigan Station Lot 4 Block 9 Koelemay 6,000.00 37.20 Lot 18 Block 13 Airport 15,000.00 93.00 Lot 8 Block 16 Range I Pal.co 5,600.00 34.72 N i of Lot 15 Block 3 Cottage Grove 2 15,000.00 93.00 Lots 10, 11, & 12 Block 28 Wagner 2 35,000.00 217.00 N 11 of Lot 5 Block 7 Hillcrest 2 15,000.00 ( 93.00) Lot 1 Block 14 Range H Pal.co 31,875.00 (197.62) Lot 1 Block 14 Range H Pal-co 44,000.00 (272.80) Part of Lots 1 & 2 Block 14 Range H Palco 80,000.00 (496.00) 1 1 Minutes Continued, September 14, 1982 Assessment Assessment Tax Description Lot 1 Block 2 Taylor Heights Proposed 16,500.00 Lot 7 Block 18 Wagner 2 ' Lot 4' of 13 Block 4 McCauley 12,700.00 Lot 15 Block 23 Hillcrest I 93.00 Lots 5 & 6 Block 2 Carter 2 15,000.00 Lot 19 Block 15 Airport 77.50 Lots 16 & 17 Block 1 Burson 15,000.00 Lot 3 Block 12 Koelemay 93.00 Lots 4 - 6 Block 19 Nederland Lot 13 S11 of 14 Block 5 Hillcrest Lot S/W �x of 1 Block 2 Cottage Grove Lot S 109' of Lot 25 Block 1 Hillcrest 2 Total to be Deducted From Tax Roll Assessment Assessment Tax Deleted Added 13,500.00 83.70 16,500.00 102.30 10,500.00 65.10 15,000.00 93.00 12,700.00 78.74 15,000.00 93.00 15,400.00 95.48 15,000.00 93.00 12,500.00 77.50 7,500.00 46.50 15,000.00 93.00 15,000.00 93.00 $1,040.33 A motion was made by Mr. Nugent and seconded by Mr. Nagel to refer amending Zoning Ordinance No. 146 to the Planning and Zoning Commission for recommendation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Amendment to Ordinance No. 109. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 109 AN AMENDMENT PROHIBITING THE CONSUMPTION, OR POSSESSION FOR THE PURPOSE OF CONSUMPTION OF ANY ALCOHOLIC BEVERAGES ON ANY STREET, SIDEWALK, OR OTHER PUBLIC PLACE, OR IN ANY PARK IN THE CITY OF NEDERLAND, WITH THE EXCEPTION OF "THE NEDERLAND RECREATION BUILDING" LOCATED IN DOORNBOS PARK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I This Ordinance shall be deemed an exercise of the police power of the City for the protection and the welfare, health, peace and safety of the people of this City, and all of its provisions shall be liberally construed for the accomplishment of this purpose. SECTION II It shall be unlawful for any person to consume, or to possess for the purpose of consumtion any alcoholic beverage (as defined by the Texas Liquor Control Act of the State of Texas, or subsequent amendment thereto), while on any street, sidewalk, or other public place, or in any park in the City of Nederland, Texas, however, this provision shall not apply to the Nederland Recreation Building located in Doornbos Park when rented by corporations, individuals, or groups for special functions. SECTION III Any person or persons violating the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined any sum not less than Twenty -Five ($25.00) Dollars, nor more than Two Hundred ($200.00) Dollars. 144 Minutes Continued, September 14, 1982 PASSED AND APPROVED by the City Council of the City of Nederland, this the 14 day of September, A.D. 1982. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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. Nagel and seconded by Mr. Gillespie to set a Public Hearing for September 28, 1982 at 6:30 P.M. regarding rates to be charged by Gulf States Utilities Company. All Voted Aye. , A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize James Byers to attend the Annual Research and Education Conference in Nashville, Tennessee, October 17 -21, 1982. All Voted Aye. A motion was made by Mr. '.Nagel and seconded by Mr. Sawyer to authorize Howard McDaniel to attend the I.C.M.A. Conference in Louisville, Kentucky, October 18 -22, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of bills for the month of August, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Mr. Darby, 911 South 14th Street, came to Council with complaint about dogs in his neighborhood. Council referred Mr. Darby's complaint to the City Attorney. 2. Junk cars on Avenue M @ 12th Street. 3. Junk Cars on Canal Avenue @ 14th Street - Cessac Addition. 4. Trash on Highway 69 @ Overpass at end of Nederland Avenue. Mayor H. E. Nagel call for a two hour recess beginning at 4:30 P.M. I �l 1 1 Minutes Continued, September 14, 1982 Mayor H. E. Nagel called the meeting back to order at 6:30 P.M. A Public Hearing was conducted regarding Liberty Cable Television rate increase request. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve Ordinance No. 355 prescribing rates and charges for cable television ser- vices by Liberty TV Cable, Inc., fixing the effective date of the rate increase and repealing all ordinances in conflict herewith. All Voted Aye. ORDINANCE NO. 355 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, PRESCRIBING RATES AND CHARGES FOR CABLE TELE- VISION SERVICES BY LIBERTY TV CABLE, INC., FIX- ING THE EFFECTIVE DATE OF THE RATE INCREASE PRE- SCRIBED IN THIS ORDINANCE AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Liberty TV Cable, 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 furnish- ing 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, recognized that the rates and charges now being charged by Liberty TV Cable, Inc. should be increased; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: Section 1. Liberty TV Cable, 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 October 1, 1982, upon passage of this ordinance. EFFECTIVE OCTOBER 1, 1982 TYPE SERVICE ACTIVATION CHARGE MONTHLY SERVICE CHARGE RESIDENTIAL (Single Family Only) First Outlet $35.00 $10.00 Each Additional Outlet 20.00* 3.00 Reconnection Charge 30.00 Transfer 30.00 Relocation of Outlets 20.00 Minutes Continued, September 14, 1982 APARTMENT BUILDINGS AND CONDOMINIUMS A. Single Family rates will prevail when service is provided and billed to each individual unit occupant with permission of owner /manager. B. Service provided under central billing plan based upon total number of units (100 %) in complex whether occupied or not and paid monthly by manager /owner. First Dwelling Unit Each Addition Outlet MOTEL /HOTEL First Outlet Each Additional Outlet (Activation charge is time & material * *) (Activation charge is time & material**) COMMERCIAL (Shops, Banks, Office Buildings, Stores, etc.) First Outlet (Activation charge is Each Additional Outlet time & material * *) $10.00 5.00 $10.00 3.00 $10.00 5.00 *If over four (4) outlets are ordered, installation charges will be at Time and Material. * *Hourly rate for technician includes vehicle and overhead at $25.00 per hour. All ordinances or parts of ordinances in conflict herewith are repealed to the extend 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 14 day of September, 1982. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: V"F. _ .�', iST1 -N -F-,. Sanderson, City Attorney City of Nederland, Texas The meeting adjourned at 6:55 F.M. 1 1 SPECIAL (EMERGENCY) MEETING OF THE CITY COUNCIL OF THE ' 6:30 P.M. CITY OF NEDERLAND, TEXAS September 28, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. R. D. Sawyer. Mr. T. E. Lee, Jr. was absent. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to refer bids received for slip lining and grout project for E.P.A. Grant to the City Manager and City Engineers for tabulation and recommendation. All Voted Aye. The meeting adjourned at 7:45 P.M. ATTEST: . �&' Jr ice,. Chris Serres, tity Secretary City of Nederland, Texas 1 H. E. Nagel, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 28; 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, and Mr. R. D. Sawyer. Mr. T. E. Lee, Jr. was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of September 14, 1982. A11 Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a Proclamation declaring October 10 -17, 1982, "Knights of Columbus Week ". All Voted Aye. OFFICE OF THE MAYOR PROCLAMATION I, H. E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim October 10 -16, 1982 I As "KNIGHTS OF COLUMBUS WEEK" in the City of Nederland, Texas, and urge each and every Citizen of our City to celebrate with the Knights of Columbus, one hundred years of dedication to the virtuous principles of charity, unity, fraternity and patriotism, October 10- 16, 1982. In testimony whereof, witness my hand and Seal of the City of Nederland this the 28 day of September, 1982, A.D. ATTEST: S /CHRIS SERRES City Secretary S /HOMER E. NAGEL Mayor. City of Nederland, Texas 1 1 1 1 Minutes Continued, September 28, 1982 A Public Hearing was conducted regarding rates to be charged by Gulf States Utilities Company. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve Ordinance #356 setting rate schedules to be charged by Gulf States Utilities Company in the City of Nederland, providing for schedules and conditions; providing a savings clause; and providing an effective date. All Voted Aye. ORDINANCE NO. 356 AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY GULF STATES UTILITIES COMPANY IN THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR SCHEDULES AND CONDITIONS: PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 28, 1982, the City Council of the City of Ned- erland conducted a public hearing concerning just and reasonable rates to be charged by Gulf States Utilities Company for electric services within the City of Nederland and having found that the rates should be set as hereinafter provided; now, therefore, BE IT ORDAINED BY THE CITY OF NEDERLAND: SECTION 1: - That an increase in the rates, tariffs, and charges of GSU for electric power and energy sold within the City be approved in an amount such that the adjusted total system -wide operating revenues for the Company be increased $57,500,000 per annum, based on the adjusted test year ending December 31, 1981. Such Schedule of Rates, as are approved in accordance herewith, are those under which said Company shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended, or withdrawn, with the approval of the City Council. SECTION 2: - That GSU sahll file with the City a revised Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges based upon an increase in total operating revenues as prescribed herein. Provided that the KWH and customer billing determinants as shown on Schedule III attached hereto will be used to design rates; provided further, that the base rate revenue requirements shall be allocated among classes as indicated on Schedule I attached hereto; and provided further, that the tariff changes shown on Schedule II attached hereto, and none other, shall be implemented in the tariff submitted for final approval hereunder. Such Schedule of Rates and Tariffs may be modified or amended by the City Council within ten (10) days from the date of filing with the City, otherwise the same shall be considered approved as filed. Such Schedule of Rates and Tariffs, as the same may be modified or amended, shall apply to all power and energy used by each customer on and after October 15, 1982. SECTION 3: - That the action of the City Council of the City of Nederland enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for GSU within the City of Nederland in accordance with Section 43 (e) of the Public Utility Regulatory Act. 1,9() Minutes Continued, September 28, 1982 SECTION 4: - Nothing in this Ordinance contained 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 GSU. SECTION 5: - That if any part of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity shall not affect the validity of the remaining provisions of this ordinance and to this end all provisions of this ordinance are declared to be severable. All ordinances or parts of ordinances in conflict with this ordinance are here- by repealed but only to the extent of the conflict. Ordinance number 353 is hereby expressly repealed. SECTION 6: - This ordinance shall be in effect from and after its passage. PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting held on September 28, 1982. S /HOMER E. NAGEL HOMER E. NAGEL, Mayor ATTEST: S /CHRIS SERRES CHRIS SERRES, City Secretary APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. SANDERSON, City Attorney A motion was made by Mr. Nugent and seconded by Mr. Nagel to award bid for re- roofing the Windmill Museum to Atlas Company in the amount of $4,250.00. All Voted Aye. Mr. Waller addressed the Council concerning a property line disput in connection with Sunset Place Subdivision. Mr. Waller's complaint was referred to the City P.ttorney. . A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize final approval of Sunset Place Subdivision in accordance with Ordinance No. 121. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the Planning and Zoning Commission's recommendation to amend Ordinance No. 146 and to set a Public Hearing for October 19, 1982 at 6:30 P.M. for amending Section 5A, Article lA of Ordinance No. 146. All Voted Aye. I Minutes Continued, September 28, 1982 A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve re- vising Personnel Ordinance #147 to be effective immediately with the exception of Article VI, Section 4 to become effective January 1, 1983. All Voted Aye. i A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize Gary Collins to attend the Tenth Annual East Texas Fire Prevention Conference, October 26 -28, 1982 in Lufkin, Texas. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize Homer Taylor to attend the 47th National Robbery Conference, October 14 -17, 1982 in Farmers Branch, Texas. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize John Bernard to attend the AWWA Conference, October 17 -20, 1982 in Oklahoma City, Oklahoma. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to notify Jefferson County that the City of Nederland wishes to exercise the optional thirty (30) day cancellation notice of the fire fighting agreement with Jefferson County. All Voted Aye. The meeting adjourned at 7 :45 P.M. E. Nagel, May City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. October 12, 1982 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the Regular and Emergency Meeting of September 21, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to refer bids received for Segment II of 27th Street paving from Avenue H to FM 365 to the City Manager and city engineers for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer bids received for one backhoe to the City Manager, and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertise- ment for bids to be received November 9, 1982 at 3:00 P.M. for City Auto, Liability and Property Coverage. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the City of Nederland to participate with the Mid - County Municipal League for the I advertising for bids for various vehicles. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to accept grants from the Criminal Justice Council for a video system and radio communications upgrade for the Police Department. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to set a Public Hearing to be held October 19, 1982 at 6:30 P.M. regarding Southern Union Gas rate request. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the renewal of the Industrial District Agreement between Big 3 Industries, Inc. and the City of Nederland. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve payment of Estimate No. 7 in the amount of $31,139.20 to Preload Technology, Job No. 380 -61C, two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve payment of Estimate No. 2 in the amount of $237,291.44 to Bella Company, Job No. 379 -17B, wastewater collection system improvements.. All Voted Aye. A nation was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment on Estimate No. 6 in the amount of $19,279.00 to Gulf Coast Industrial Contractors, Job No. 379 -57P, 27th Street paving. All Voted Aye. I A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Estimate No. 2 in the amount of $67,640.31 to Naylor Industries, Job No. 379- 17B2Y, sewer rehabilitation. All Voted Aye. Minutes Continued, October 12, 1982 is :' A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the City Council, City Manager, City Secretary and Fire Chief to attend the annual Texas Municipal League Conference in Fort Worth, Texas, October 23 -27, 1982. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize Billy Neal and Jerry McNeill to attend the Texas Gulf Coast Civil Defense Association Conference in Corpus Christi, Texas, October 27 -29, 1982. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve pay- ment of bills for the month of September, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Mr. Duff's rent house on Kent Avenue in need of repairs and yard work. 2. Streets and citizen's yards in need of repairs where point repair to sewer system has been made. 3. Relocating utility poles along 27th Street from Avenue H to FM 365. 4. Speed limit along Twin City Hwy. @ Luling Avenue. 5. Gulf States Utilities has put together a book called "Help Available" telling where people might get help and suggestions on how to get on a budget for those who have trouble paying their utility bills. IThe meeting adjourned at 4:00 P.M. ATTEST: (ALv Chms serrels, City secretary City of Nederland, Texas I H. E. Nage Mayo c City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 October 19, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 F.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of October 12, 1982. All Voted Aye. A Public Hearing was conducted regarding Amendment of Section 5A, Article 1A, of Zoning Ordinance No. 146. A motion was made by Mr. Nugent and seconded'. by Mr. Nagel to approve amending Section SA, Article IA, of Zoning Ordinance No. 146. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 ZONING ORDINANCE OF THE CITY OF NEDERLAND AN AMENDMENT TO ORDINANCE NO. 146: WHICH REGULATES AND PROVIDES FOR ZONING IN THE CITY OF NEDERLAND: AND WHICH AMENDMENT SETS FORTH REQUIREMENT RULES AND REGULATIONS PROVIDING FOR OFF - STREET PARKING IN ACCORDANCE TO THEIR REQUIREMENTS AS FORMULATED IN CONTENTS OF THIS AMENDMENT; PROVIDING FOR PUBLICATION AS RE- QUIRED BY LAW, AND SETTING AN EFFECTIVE DATE. NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: SECTION 5A, ARTICLE 1A: OFF- STREET PARKING AND LOADING REQUIREMENTS shall be amended as follows: A. In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as otherwise provided in this Article), off-street parking spaces in accordance with the follow- ing requirements: 1. Bowling Alley: Six (6) spaces for each lane. 2. Business, Professional, or Public Office Building, Studio, Bank, Savings & Loan or similar financial establishment: One (1) space for each three hundred (300) square feet of floor area. 3. Church or Temple: One (1) space for each three (3) seats in the main sanctuary. 4. Clinic or Doctor's Office: One (1) space for each 300 square feet of floor area. 5. Commercial Amusement: Ten (10) spaces plus one (1) space for each two hundred (200) square feet of floor area over two thousand (2,000) square feet. Minutes Continued, October 19, 1982 6. Community Center, Library, Museum or Art Gallery: Ten (10) park- ing spaces plus one (1) addition space for each 300 square feet of floor area in excess of 2,000 square feet. 7. Dance Hall, Assembly, or Exhibition Hall without fixed seats: One (1) parking spaces for each 100 square feet of floor area used therefore. 8. Drive -In Service Buildings oriented to serving the motorist, such as a gasoline service station; dry cleaning or laundry pick -up station, drive -in grocery or drive -in restaurant: Minimum of six (6) spaces. 9. Food Stores: One (1) space for each 200 square feet of gross floor area. 10. Fraternity or Sorority: One (1) space for every two beds. 11. Furniture or Appliance Store, Hardward Store, Wholesale Establish- ments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair or Service Shop: Two (2) parking spaces plus one (1) additional parking space for each 300 square feet of floor area over 1,000 square feet. 12. Gasoline Service Stations: One (1) space for each bay plus one (1) space for each pump island, minimum of six (6) spaces. 13. Golf Club: One (1) parking space for each five (5) members. 14. High School, College or University: One (1) space for each classroom, laboratory or instruction area plus one (1) space for each five (5) students accommodates in the institution. 15. Hospital: One (1) parking space for each bed. 16. Hotel, Motel and Tourist Camps: One (1) parking space for each dwelling unit, room or guest accommodation plus specified re- quirements for restaurants and related facilities. 17. Institution of a Philanthropic Nature: Ten (10) parking spaces plus one (1) space for each employee. 18. Manufacturing or Industrial Establishment, Research or Testin Laboratory, Creamery, Bottling Plant, Warehouse, Storage, or similar establishment: One (1) parking space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater, plus space to accommo- date all trucks and other vehicles used in connection therewith. 19. Mortuary: One (1) space for each two (2) persons normally accommodated in services. 20. Motor Vehicle Dealers (New): One (1) space for each 5,000 square feet of lot area. Minutes Continued, October 19, 1982 21. Multiple - Family Dwelling Units, three stories or less: Two (2) parking spaces for each dwelling unit. 22. Multiple - Family Dwelling Units over three stories, or Apartment Hotel: Two (2) parking spaces for each three (3) dwelling units or suites. 23. Printing or Plumbing Shop or similar service establishment: One (1) parking space for each three (3) persons employed therein. 24. Private Club or Lodge: One (1) parking space for every (10) y members. 25. Recreational, private or commercial area or building (other than listed): One (1) parking space for every four persons to be normally accommodated in the establishment. 26. Restaurant, Night Club, Cafe, or similar recreation or amusement establishment: One (1) parking space for each 100 square feet of floor area. 27. Retail store or personal service establishment, except as other- wise specified herein: One (1) parking space for each 200 square feet of floor area. 28. Rooming or Boardinghouse: One (1) parking space for each two (2) sleeping rooms. 29. Sanitorium, Convalescent Home, Home for the Aged, or similar institution: One (1) parking space for each six (6) beds. 30. Schools, Elementary or Junior High: One (1) space for each class- room plus one (1) space for each four (4) seats in any auditorium, gymnasium, or other place of assembly. 31. Theaters, Meeting Rooms and Places of Public Assembly: One (1) space for each three (3) seats. 32. Two Family Iwelling Units (Duplexes): Two (2) parking spaces for each dwelling unit. 33. Veterinary Services (With or Without Kennels): One (1) space for each 300 square feet of gross floor area. Parking space is defined as an enclosed or unenclosed concrete or asphalt surfaced area of not less than one hundred eithty (180) square feet (measuring approximately 9 feet by 20 feet) not on a public street or alley, together with an all- weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress to the street or alley. All parking areas within the City limits of Nederland (except Single - Family Residential) shall be surfaced with concrete or asphalt and shall be kept in a state of repair so as not to create dust. Minutes Continued, October 19, 1982 Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed two hundred dollars ($200.00). This Amendment shall be effective from and after its passage and publica- tion as required by law. PASSED, ADOPTED AND APPROVED this 19 day of October, A.D., 1982. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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 Public Hearing was conducted regarding Southern Union Gas Rate increase re- quest. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to continue the Public Hearing on Southern Union Gas Rate increase request November 9, 1982, at 3:00 P.M. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to award bid for rubber tire backhoe to Oil City Tractor, Inc. of Beaumont, Texas in the amount of $17,754.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize CRH Associates to be the consulting and design engineers for the purpose of submitting engineering reports, planning material, plans and specifications, and for supervision of construction of the City of Nederland Sanitary Landfill. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award bid for sewer rehabilitation work (slip lining and grout) to McCullough Associates, Inc., pending E.P.A. approval. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Ice cream truck running in Nederland without authorization. 2. Time schedule on completing street paving on Avenue H from 27th Street to Hwy. 69. Minutes Continued, October 19, 1982 The meeting adjourned at 7:30 P.M. H. E. Nagel, Mayo City of Nederland, Texas ATTEST: Chris Serres,'City Secretary City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. November 9, 1982 The meeting was called to order by Mayor H. E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous meeting of October 19, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Proclamation declaring November 18, "Boots Bodemuller Day ". All Voted Aye. OFFICE OF THE MAYOR PROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim November 18, 1982 As "BOOTS BODEMULLER DAY" in the City of Nederland, Texas, and urge each and every Citizen of our City to recognize Boots Bodemuller for his outstanding civic work in our community. In testimony whereof, witness my hand and Seal of the City of Nederland this the 9th day of November, 1982, A. D. S /HOMER E. NAGEL Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES City Secretary Comments were received from citizens of Beauxart Gardens regarding fire protection in their area. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a 90 -day extension for fire protection services in Water District #10 and Beauxart Gardens retroactive to November 1, 1982. All Voted Aye. Minutes Continued, November 9, 1982 A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the Texas Certified Cities Program report by Gulf States Utilities and Texas A & M Extension Service. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer bids for Auto, ' General Liability and Property Coverage for the City to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Ordinance No. 357 contingent upon the passage of the rate from all of the Mid- County cities. All Voted Aye. ORDINANCE NO. 357 AN ORDINANCE REVISING THE RATES CHARGED FOR NATURAL GAS SOLD BY SOUTHERN UNION GAS COMPANY WITHIN THE CITY OF NEDERALND, TEXAS: DECLARING THIS ORDINANCE TO BE A FINAL DETERMINATION OF RATES: AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, Southern Union Gas Company filed its Statement of Intent to Increase rates with the City Council of the City of Nederland, Texas on June 9, 1982, to be effective on July 14, 1982; and, WHEREAS, in accordance with the Public Utility Regulatory Act, said increase was suspended for a period of one hundred twenty (120) days; and, , WHEREAS, Southern Union Gas Company has requested an increase in rates of ONE MILLION ONE HUNDRED NINETY -ONE THOUSAND TWO HUNDRED EIGHTY -THREE AND NO /100 ($1,191,283.00) DOLLARS per annum within its South Jefferson County Service Area, but the City Council of the City of Nederland, Texas, has found, and does hereby find that an increase in the amount of SIX HUNDRED FORTY -THREE THOUSAND AND NO /100 ($643,000.00) DOLLARS per annum from all General Service Customers, plus certain changes in the said Company's Rules of Service; will meet all requirements of law; will permit such utility to recover its operating expenses, together with a reasonable return on its invested capital; and will yield a fair return upon the adjusted value of the invested capital of Southern Union Gas Company used and useful in rendering service to the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That an increase in the rates of Southern Union Gas Company for natural gas sold within the City of Nederland, Texas be approved in an amount equal to the said City's proportionate share of a SIX HUNDRED FORTY -THREE THOUSAND AND NO /100 ($643,000.00) DOLLAR increase in rates for all General Service Customers served within the Company's South Jefferson County Service Area. Such Schedule of Rates, as are approved in accordance herewith, are those under which said Company shall be authorized to sell natural gas within the corporate limits of the City of Nederland, Texas, until such time as said Rate Schedules may be changed, modified, amended or withdrawn, with the approval of the City Council of the City of Nederland, Texas. Section 2. That Southern Union Gas Company shall convert all meter readings and billings from a Mcf basis to a Ccf basis. 1 1 1 Minutes Continued, November 9, 1982 Section 3. That the said Company's Rules of Service are hereby amended to provide for certain fee modification and new fees as follows: (A) The second full sentence of Section 5.4 Fees and Charges shall read: "This fee shall be $14.00 when a meter is set and /or the Applicant's appliances lighted and $14.00 when a meter reading only is required, if the call can be scheduled in the normal course of business," (B) The second full sentence of Section 19.3 Reconnection shall read: "The Company shall charge a non - refundable reconnect fee of $14.00 for all customers," and (C) A new sentence shall be inserted after the seond full sentence of Section 18.2 Discontinuance of Service for Non - Payment and shall read: "If a representative of the Company visits a customer concerning the non - payment of a bill prior to disconnection, a Collection Fee of $1.25 shall be assessed to such customer." Section 4. That, within ten (10) days, Southern Union Gas Company shall file with the City of Nederland, Texas a revised Schedule of Rates and Tariffs setting forth those rates, tariffs and fees as prescribed herein, including a purchased gas adjustment clause. Such Schedule of Rates and Tariffs and purchased gas adjustment clause may be reviewed by the City Council of the City of Nederland, Texas, consistent herewith, within ten (10) days from the date of filing with the said City and Southern Union Gas Company advised if further revision or clarification is required; otherwise, the same shall be considered approved as filed. Such Schedule of Rates and Tariffs, as the same may be modified or amended, shall apply to all bills rendered by Southern Union Gas Company commencing with its December billing cycle. Section 5. That the action of the City Council of the City of Nederland, Texas, enacting this Ordinance constitutes, on the date of its final passage, a fianl determination of rates for Southern Union Gas Company within the City of Nederland, Texas, in accordance with Section 43(e) of the Public Utility Regulatory Act. Section 6. That nothing in this Ordinance contained shall be construed, now or hereafter, as limiting or modifying, in any manner, the right and power of the City of Nederland, Texas, under the law to regulate the rates and charges of Southern Union Gas Company. Section 7. That, if any portion of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity shall not affect the validity of the remaining provisions of this Ordinance, and, to this end, all provisions of this Ordinance are declared to be severable. Section 8. That all Ordinance, or parts of Ordinances, in conflict with this Ordinance are hereby repealed, but only to the extent of the conflict. Section 9. This Ordinance shall take effect and be in full force and effect from and after its passage and publication, as required by alw, provided that all other cities in the Port Arthur Service Area have adopted the same rate increase. PASSED BY Unanimous VOTE OF THE CITY COUNCIL OF THE CITY F/ OF NEDERLAND, TEXAS, this ATTEST: S /CHRIS SERRES Chris Serres, City Secretary APPROVED: S /W. E. SANDERSON W. E. Sanderson, City Attorney Minutes Continued, November 9, 1982 9th day of NOVEMBER A. D. 1982. THE CITY OF NEDERLAND, TEXAS By S /H. E. NAGEL H. E. Nagel, Mayor A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the City of Nederland to purchase one truck chassis bid through the Mid - County Municipal League. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertisement of bids for depository of City funds to be received December 14, 1982, at 3:00 p.m. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve flu shots for City employees. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award bid to Morrison and Miller for paving of 27th Street, Segment II, Avenue H to FM 365 and approved Hammond Construction Company as paving subcontractor. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the attached Certificate of Approval and Acceptance of the 1982 Assessment Roll as certified by the Jefferson County Appraisal District. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to allow Bill Winfrey to attend Unit I Water Certification Course at Mont Belview, Texas, November 16, 1982. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment on Estimate No. 3 in the amount of $478,513.84 to Bella Construction Company, Job No. 379 -17B, wastewater collection system improvements. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment on Estimate No. 7 in the amount of $4,072.00 to Gulf Coast Industrial Contractors, Inc., Job No. 379 -57P, 27th Street paving. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment on Estimate No. 3 in the amount of $88,877.60 to Naylor Industries, Job No. 379- 17B2Y, sewer system rehabilitation. All Voted Aye. 1 1 1 Minutes Continued, November 9, 1982f; A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment on Estimate No. 8 and final in the amount of $16,029.82 to Morrison and Miller, Job No. 380 -61C1, balance line for two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of bills for October. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table Executive Session relating to personnel and legal matters. Discussion Items: 1. Removal of sludge at Treatment Plant. 2. Trosclair home at 23rd and Avenue A. 3. Goss house on Helena has Naylor truck parked in front yard. 4. Various lots in Nederland need to be mowed. 5. Hensley house is still under investigation. 6. Street repairs are needed where sewer rehabilitation work is being conducted. 7. Removal of stop signs on Avenue D at 27th Street. The meeting adjourned at 4:55 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayo City of Nederland, Texas `J ` REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 23, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. E. T.'G(illespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the Minutes of the meeting of November 9, 1982. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve payment of electricity bills in the amount of $239.42 for Metreyeon - Delahoussaye Ball Park used by the Babe Ruth League during the 1982 Regional Playoffs. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to award the bid for Auto,' General Liability, and Property Coverage for the City of Nederland to McNeill Insurance Agency in the amount of $56,323.40. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to amend Ordinance No. 107 removing stop signs from 27th Street at Avenue D. 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 in- cluding 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 Stop signs shall be removed from 27th Street at Avenue D. Twenty Seventh Street shall be designated as a through street, and all vehicles approaching the inter- section from Avenue D must come to a stop and yield the right -of -way to vehicles approaching the intersection on 27th Street. Section 3 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with 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 provisions of this Ordinance are hereby expressly repealed. 1 Minutes Continued, November 23, 1982 165 PASSED AND APPROVED BY THE City Council of the City of Nederland, Texas, on this the 23 day of November , A.D., 1982. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, 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. Lee and seconded by Mr. Nagel to approve striping of 27th Street as proposed. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize Robert Boulet to attend the Texas A & M Short School on chlorination in Port Arthur, November 30 - December 2, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment on Estimate No. 8 and final in the amount of $79,696.80 to Preload Technology, Inc., Job No. 380 -61C, two million gallon ground storage tank. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Streets in need of repair where sewer rehabilitation work is being done. The meeting adjourned at 7:10 P.M. H. E. Nagel, MaKor — i City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. December 14, 1982 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the Meeting of November 23, 1982. All Voted Aye. Mr. Clyde Bolen and Mr. James Handley presented a letter to the Council con- cerning the annexing of Central Gardens. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept the Annual Audit for the fiscal year 1981 -1982 and to authorize payment to Mr. Everette Browning, Certified Public Accountant. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bid for depository of City funds to InterFirst Bank Nederland. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve recommenda- tion of Planning and Zoning Commission to expand mobile home park at 3707 Avenue H. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the cleaning, assessing charges, and filing a lien on the property described as Lot 1, Block 16, Range F, Tract 24, Port Arthur Land Company, 416 7th Street, 000.520 acres. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of Estimate No. 4 in the amount of $64,916.84 to Naylor Industries, Inc., Job No. 379- 17B2Y, Sewer System Rehabilitation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve pay- ment of Estimate No. 4 in the amount of $61,143.57 to Bella Company, Job No. 379 -17B, Wastewater Collection System Improvements. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Estimate No. 8 in the amount of $19,377.36 to Gulf Coast Industrial Contractors, Inc., Job No. 379 -57P, 27th Street Paving. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr.Gillespie to authorize payment of bills for the month of November. All Voted Aye. Mr. Jim Parsons gave a presentation of Rapid Rail Garbage Collection System. 4 1 1 Minutes Continued, December 14, 1982 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table Executive Session relating to personnel and legal matters. All Voted Aye. The meeting adjourned at 4:35 P.M. ATTEST: ekt Chris Serres, City Secretary City of Nederland, Texas � --�1 , dA City of Nederland, Texas 168 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 28, 1982 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. 11. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of December 14, 1982. All Voted Aye. Received petition from Mr. Don Watt in regards to annexation of Water District 10. Council informed Mr. Watt that no action could be taken on the petition until legal and economic questions of annexation of Water District 10 had been answered. Mrs. Prestridge presented the Council with a plan to establish a fire protection district but asked for City fire protection until this plan could be put into effect. Council agreed to supply fire protection until a fire protection dis- trict could be established. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a Resolution supporting economic development in Jefferson County. All Voted Aye. RESOLUTION STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, Nederland's population is 16,835, representing a part of our immediate market area; and WHEREAS, the population of Mid and South Jefferson County exceeds 122,000 people; and WHEREAS, our area is currently experiencing 16% unemployment; and WHEREAS, citizens and private property owners enjoy a tax base supported largely by business and industry; and WHEREAS, our area is blessed with great assets of transportation including air, rail, highway, and waterway systems; and WHEREAS, many existing structures, as well as abundant parcels of land, are available for potential development; and WHEREAS, the creation of jobs for our area's residents is our number one priority; Minutes Continued, December 28, 1982 169 NOW THEREFORE BE IT RESOLVED THAT the City of Nederland expresses its intent to cooperate with the various entities in the public and the private sectors of our area to assist in diversification of our economic base and utilize our abundant natural resources to locate business and industry here to make available many jobs needed for full employment of our area's residents. PASSED, APPROVED AND ADOPTED THIS 28 day of December, 1982. S /HOMER E. NAGEL Homer E. Nagel, Mayor ATTEST: SICHRIS SERRES Chris Serres, City Secretary A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize final approval of applications for sale of alcoholic beverages for "on premises" consumption in accordance with Ordinance No. 70. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to amend Ordinance No. 107 restricting parking on portions of both sides of 17th Street. All Voted Aye. IAN 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 ON PAVEMENT There shall be no parking on pavement along both sides of South 17th Street for 240 feet South of Avenue E. Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less that $1.00 nor more than 1 $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 Minutes Continued, December 28, 1982 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 28 day of December, 1982. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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 approve Estimate No. 9 -Final and Change Order No. 4 not to exceed $66,553.04 to Gulf Coast Industrial Contractors, Inc., Job No. 379 -57P, 27th Street Paving, contingent upon authorization of City Manager. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on upgrading City telephone equipment. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Flooding behind the Schooner Restaurant. The meeting adjourned at 7:40 P.M. 1. E. Nagel kayof City of Nederland, Texas ATTEST: 01 I-) � J A A 1 Chris Serres, City Secretary City of Nederland, Texas 3:00 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 11, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of December 28, 1982. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to amend Ordinance No. 107 placing stop signs at South 8th, South 10th, South 10;�, and South 11th Streets at Avenue E. 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 and required stop signs. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - STOP SIGNS A stope sign shall be erected on the following streets at the avenues indicated. All drivers of vehicles must come to a complete stop at such sign. STOP South 8th at Avenue E STOP South 10th at Avenue E STOP South 101� at Avenue E STOP South 11th at Avenue E Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ' Section 3 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas in conflict with any of the provisions of this Ordinance are hereby expressly repealed. Minutes Continued, January 11, 1983 PASSED AND APPROVED BY THE City Council of the City of Nederland, Texas, on this the 11 day of January _ —, A.D., 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND ]LEGALITY: S /W. E. SANDERSON _ E. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the use of sub - contractors on Job No. 379017B2Y, point repairs. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment on Estimate No. 5 in the amount of $5,598.62 to Bella Co., Job NO. 379 -17B, wastewater collection system improvements. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 5 in the amount of $65,013.61 to Naylor Industries, Inc., Job No. 379- 17B26, sewer system rehabilitation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Change Order No. 1 in the amount of $1,491.66 to Morrison and Miller, Job No. 381 -67P, 27th Street paving. All Voted Aye. A motion was made by Mr. Nagel and seconded. by Mr. Nugent to approve payment of Estimate No. 1 in the amound to $43,261.82 to Morrison and Miller, Job No. 381 -67P, 27th Street paving. All Voted Aye. A motion was made by Mr. '.Nugent and seconded by Mr. Gillespie to authorize Chris Serres to attend the Election Law Seminar in San Antonio, Texas, January 18 -21, 1983. All Voted Aye. A motion was made by Mr. ]Lee and seconded by Mr. Gillespie to authorize payment of bills for December. All Voted Aye. A motion was made by Mr. ].Nagel and seconded by Mr. Nugent to table Executive , Session relating to personnel and legal matters. All Voted Aye. Minutes Continued, January 11, 1983 1 Discussion Items: I Annexation of Water District 10. W. C. Webb, 24th Street, repairs to manhole. Discussed possibility of getting a van and garage for the van for use by the Senior Citizens. Estimate to move RSVP Building across the street. The meeting adjourned at 4:00 P.M. ATTEST: NA Lyz'� Chris Semis, City Secretary City of Nederland, Texas n 1 H. E. Nagel, Ma r j City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDER'.LAND 6:30 P.M. January 25, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of January 11, 1983, All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize advertise- ment for bids to be received February 22, 1983 for 300,000 plastic bags. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement for bids to be received February 22, 1983 for upgrading the City of Nederland telephone system. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table "Order Calling Election" until February 8, 1983. A11 Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to call a Public Hearing to be held February 22, 1983 at 6:30 P.M. on rezoning of the 2900 Block through the 3500 block of Nederland Avenue from residential to commercial. , All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve Ordinance No. 358 approving agreement: and by -laws for South East Texas Regional Electrical Examining Board and author9:zing the City Manager to execute such agreement and by- laws on behalf of the City of Nederland, Texas. All Voted Aye. ORDINANCE NO. 358 AN ORDINANCE APPROVING AGREEMENT AND BY -LAWS OF SOUTH EAST TEXAS RECIO14A.L ELECTRICAL EXAMIN- ING BOARD AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH AGREEMENT AND BY -LAWS ON BEHALF OF THE CITY OF' NEDERLAND. WHEREAS, the City Council of the City of Nederland finds and determines that it is in the public interest and welfare that a uniform electrical examining program for all participating cities of Jefferson, Hardin, and Orange Counties be established and maintained, whereby the technical qualifications of persons who seek to engage in the business of installing, altering, repairing of any wiring, fixtures, or other equipment used for the conducting of electricity, be established and maintained; and, WHEREAS, the City Council finds and. determines that in order to achieve ' such objective it is appropriate to become a participating City member in the South Minutes Continued, January 25, 1983 East Texas Regional Electrical Examinimg Board pursuant to Article 4413(32c), V.A.T.S., the Interlocal Cooperation Act; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND; Section 1. The City of Nederland hereby agrees to become a partici- pating member of the South East Texas Regional Electrical Examining Board as set forther in the Agreement and By -Laws thereof, copy of which is attached hereto and made part hereof as Exhibit "A ". The City Manager is hereby authorized to execute such Agreement and By -Laws on behalf of the City of Nederland. Section 2. This being an Ordinance for which publication is not re- quired it shall be in effect from and after its passage. PASSED, ADOPTED, AND APPROVED THIS 25 day of January , A.D., 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES ' Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the appoint- ment of James Byers to the South East Texas Regional Electrical Examining Board. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the City Council, City Manager, Fire Chief, Civil Defense Director, and Assistant Civil Defense Director to attend the Civil Defense Seminar in Austin, Texas, February 15 -17, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: ' 1. Street repairs due to sewer rehabilitation. 2. Removal of no- right -on -red sign from stop light. Minutes Continued, January 25, 1983 3. Petition from 65 employees to send a letter of intent to the Social Security Administration to pull out of social security. The meeting adjourned at 7:55 P.M. H. E. Nagel, Ma or City of Nederland, Texas ATTEST: �Iu / 10 L� � LIO- Chris Serres, City Secretary City of Nederland, Texas 1 1 1 EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P.M. January 26, 1983 The meeting was called to order by Mayor H. E. Nagel at 4:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, and Mr. T. E. Lee, Jr. Mr. R. A. Nugent and Mr. E. T. Gillespie were absent. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the extension of the agreement between the City of Nederland and the Commissioners Court of Jefferson County to provide fire protection outside the city limits of the City of Nederland, Texas, until May 1, 1983. All Voted Aye. The meeting adjourned at 4:40 P.M. �L H. E. Nagel, Mayor City of Nederland, Texas ATTEST: 1 " Af Chris Serres, City Secretary City of Nederland, Texas 1 178 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 3:00 P.M. February 8, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. R. D. Sawyer. Mr. Tom E. Lee, Jr. was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the January 24, 1983 meeting. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve a Proclamation declaring February 13 -20, 1983 'Occupational Health Nurses Week ". All Voted Aye.* Mrs. Jean Foster, Director R.S.V.P., thanked the City Council for providing the building for the Retired Senior Volunteer Program. Received comments from Mr. John Sehon concerning management of Elwood Larcade Mobile Home Park, 3707 Avenue H. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the "Order Calling Election" providing for an election on April 2, 1983 for the I purpose of electing two Councilmen, one for Ward I and one for Ward III. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve request from Jefferson County Mosquito Control District to fly at low levels as necessary to apply insecticides for the control of mosquitoes within the City limits of the City of Nederland, Texas. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Resolution.:_. supporting_ '1111, amendments to Texas Lana 12.69 M. All Voted Aye. RESOLUTION WHEREAS, it is one of the basic responsibilities of the City of Nederland to protect the life and property of its citizens through the operations of efficient, reliable and affordable police and fire departments, and; WHEREAS, there is documented evidence from all sectors of the State of Texas that the 55 cities which today are under 1269m have seen their police and fire chiefs transformed from managers into administrators by new limits lobbied into the law every two years by unions representing the police officers and firefighters, and; WHEREAS, these increasingly harmful provisions have made 1269m a law which I fosters wasteful expenditures and inefficient management at a time when cities see revenue dwindling, and; Minutes Continued, February 8, 1983 , WHEREAS, after long study and due deliberations, the 55 Texas cities under 1269m are joining in a concerted effort to amend the law in the upcoming Legisla- ture by giving police and fire chiefs the power to manager their department, but to retain portions of the law which give civil service employees necessary pro- tections. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF NEDERLAND: 1. Believes that it is time to return common sense into Texas police and fire stations by amending 1269m to allow police and fire chiefs to manage their departments more effectively through the appointment of qualified deputies of their choice, use of improved promotion system techniques, more reasonable disciplinary rules and other relevant changes, and; 2. BE IT FURTHER RESOLVED, that the City of Nederland supports the Texas Municipal League's 1269m Task Force amendments to 1269m because it does address issues which will return management back to police and fire chiefs, and; 3. BE IT FURTHER RESOLVED, that the City of Nederland now calls on all Texas Legislators, especially those representing the citizens of our city, to support the Task Force legislation which makes the necessary changes to 1269m, and: 4. BE IT FURTHER RESOLVED, that every citizen of this city, every business and the Chamber of Commerce, plus other organizations, take a stand in favor of improvements to 1269m which will return common sense back to Texas police and fire stations. IPASSED, APPROVED AND ADOPTED THIS 8 day of February, 1983. S /H. E. NAGEL H. E. Nagel, Mayor ATTEST: S /CHRIS SERRES Chris Serres, City Secretary A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve Resolution on State Highway Funding. All Voted Aye. RESOLUTION The 72,000 -mile Texas highway system, once recognized as the best in the nation, is deteriorating. According to studies of the Federal Highway Administra- tion, Texas has 17,200 deficient bridges and 7,740 miles of highway rated in poor condition. Motorists in all parts of the state are suffering from a continuing loss of mobility. Major problems have been observed on Farm to ' Market roads, rural primary highways, Interstate routes, and urban freeways. Minutes Continued, February 8, 1983 Current funding sources available to the State Department of Highways and Public Transportation are inadequate to maintain the existing highway system and to improve the system to keep up the growth of the state. It is estimated that the state's population will increase 50% by the year 2000. This anticipated I growth will place substantially higher demands on the state's transportation facilities and services. We urge the 68th Texas Legislature to act expeditiously to provide addi- tional funding for highway construction and maintenance. We recommend that the level of state funding for highways be at least equivalent to defined state highway user fees and taxes. We further recommend that the state highway user fees be increased if necessary to meet the highway funding needs documented in the revised 20 -Year Plan of the State Department of Highways and Public Transportation. PASSED, APPROVED AND ADOPTED THIS 8 day of February, 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary , City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertise- ment for bids to be received March 8, 1983 for moving the R.S.V.P. building from 920 Boston Avenue to the 200 Block of 10th Street. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the City of Nederland to execute a contract with J. K. Trucking, Rt. 4 Box 271, Beaumont, and to authorize H. E. Nagel to sign contract on behalf of the Mid - County Municipal League. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of Estimate No. 1 in the amount of $3,554.46 to McCullough Associates, Inc., Job No. 379 -17B2, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of Estimate No. 2 in the amount of $62,174.30 to Morrison and Miller, Job No. 381 -67P, 27th Street Paving. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of Estimate No. 6 in the amount of $9,198.37 to Bella Co., Job No. 379 -17B, wastewater collection system improvements. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of Estimate No. 6 in the amount of $74,271.44 to Naylor Industries, Inc., ' Job No. 379- 17B2Y, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize John LeJunie to attend Unit I Wastewater School in Orange, Texas, February 8, 1983. All Voted Aye. Minutes Continued, February 8, 1983 18 1 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of bills for the month of January, 1983. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table Executive Session relating to personnel and legal matters. All Voted Aye. 1 PROCLAMATION* I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim FEBRUARY 13 -20, 1983 AS "OCCUPATIONAL HEALTH NURSES' WEEK" in the City of Nederland, Texas, and urge each and every Citizen of our City to recognized all occupational health nurses in this area and their strife to improve community health by bettering nursing service to workers. In testimony whereof, witness my hand and Seal of the City of Nederland this the 8 day of February, 1983, A.D. S /H. E. NAGEL MAYOR ATTEST: S /CHRIS SERRES CITY SECRETARY Discussion Items: 1. Street Bond Program. 2. Corner of Franklin Avenue @ 10th Street in need of repairs. 3. Reflectorized street signs will replace signs that have been torn down. Also, City will make reflectorized signs available at cost to citizens who would like to have sign personalized. 4. Annual clean up program during Heritage Festival to begin late February. General clean up around city to begin in April or May. 5. Developing specifications & plans for new garbage system. 6. Complaint from business owner in the 27th Street Shopping Plaza about road closed sign. ' The meeting adjourned at 4:30 P.M. E. Nagel, Mayor City of Nederland, Texas ATT ST: tito Chris sarres_ Citv Secretary REGULAR "MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. February 22, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mr. E. T. Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve the Minutes of the meeting of February 8, 1983. All Voted Aye. Messrs. Ed Hutchins and Ron McKenzie, Gulf States Utilities, and Mr. John Henry, Texas Agriculture Extension Service, reported on the Texas Certified City Program. Gulf States Utilities Company officials then presented the City of Nederland with a Texas Certified City Plaque for meeting minimum standards in various city functions. A Public Hearing began at 6:40 P.M. for the purpose of discussing the rezoning of the 2900 -3500 blocks of Nederland Avenue from residential to commercial. After a full discussion of the rezoning of this property the Public Hearing adjourned at 7:45 P.M. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept the Planning and Zoning Commission's recommendation to rezone the 2900 -3500 blocks of Nederland , Avenue from residential to commercial. Mr. Nagel, Mr. Sawyer and Mr. Lee voted aye. Mr. Nugent voted no. The request to rezone from residential to commercial the 2900 -3500 blocks of Nederland Avenue failed due to the lack of a 3j4 majority vote as required by the City Charter. Received bids for 300,000 plastic garbage bags. The three low bidders were as follows: Pakrite Plastics, Waco, Texas - $42.34; Adams Industries, Monroe, Louisiana - $46.50; B & E Packaging, W. Monroe, Louisiana - $46.50. A motion was made by Mr. Nugent and seconded by Mr. Nagel to refer bids received for 300,000 plastic garbage bags to the City Manager and staff for tabulation and recommendation. All Voted Aye. Received bids for upgrading the City of Nederland telephone system. The two bidders were as follows: American Bell, Inc., Houston, Texas and Centel, Beaumont, Texas. A motion was made by Mr. Nagel and seconded by Mr. Lee to refer bids received for the upgrading of the telephone system to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve a Resolution authorizing the City of Nederland to borrow $650,000.00 from InterFirst Bank Nederland pending maturity of securities. All Voted Aye. Minutes Continued, February 22, 1983 RESOLUTION BE IT RESOLVED THAT any two of the following: Mayor, Mayor Pro Tem, or City Manager, City Secretary, of the City of Nederland, or their successors in office, are hereby authorized on behalf of the City to borrow from InterFirst Bank Nederland, Six hundred fifty thousand and no /100 ($650,000.00) for the purpose of interim financing until investment matures, to be repaid one year from date at an interest rate of .54 percent of the prime interest of Inter- First Bank Houston, to change as prime changes. Interest will be paid quarterly by the City at the office of InterFirst Bank Nederland, 1308 Boston Avenue, Nederland, Texas. I HEREBY CERTIFY THAT I am the duly appointed secretary of the City of Nederland, Texas and that the above is a true and correct copy of the Resolu- tion adopted at ameeting of the Nederland City Council on February 22, 1983. S /CHRIS SERRES City Secretary A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve amending Ordinance No. 107, erecting a traffic signal at 27th Street @ Avenue H, in accordance with the Texas Manual on Uniform Traffic Control Devices and recommendation of Rady and Associates. All Voted Aye. ' AN AMENDMENT TO ORDINANCE 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 and required traffic signals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - Traffic Signals A traffic signal shall be erected on the following street at the avenue indicated. All drivers of vehicles must recognize and comply with this traffic signal. SIGNAL South 27th Street at Avenue H Section 2 - PENALTY ' Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Minutes Continued, February 22, 1983 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 22 day of February, A.D., 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES _ Chris Serres, 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. Lee and seconded by Mr. Sawyer to approve Ordinance No. 359 establishing and de:signatingan Industrial District over certain terri- tories of the Union Oil Company of California, and authorizing the execution of an agreement designating, such territory as an Industrial District and providing for the Company to make payments to the City in addition to normal tax payments. All Voted Aye. ORDINANCE NO. 359 ORDINANCE ESTABLISHING AND DESIGNATING AN INDUSTRIAL DISTRICT OVER CERTAIN TERRITORY OF UNION OIL COMPANY OF CALIFORNIA; AUTHORIZING EXEUCTION AND DELIVERY OF A CONTRACT RELATIVE THERETO; PROVIDING FOR THE PERFORMANCE OF ANY AND ALL ACTIONS RELATED THERETO; AND CONTAINING OTHER PROVISIONS RE- LATING TO THE SUBJECT. WHEREAS, the Mayor and City Council of the City of Nederland, Texas, and Union Oil Company of California have heretofore mutually agreed upon the form and substance of a proposed contract relating, to the establishment and continuation of a industrial district over certain properties owned by Union Oil Company of California and its subsidiaries and affiliates; and WHEREAS, the City Council deems it necessary and desirable that the , City approve and authorize the execution and delivery of such agreement and take appropriate action to designate and establish an industrial disteict over such territory; and Minutes Continued, February 22, 1983 WHEREAS, the City is authorized to exec ute, enter into and perform such agreement and to establish and designate such industrial district pursuant ' to the Constitution and laws of the State of Texas; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That the form and substance of a proposed agreement between the City of Nederland, Texas, and Union Oil Company of California relating to the designation, establishment and maintenance of an industrial district over certain properties of Union Oil Company of California and it subsidiaries and affiliates are hereby approved, and the Mayor and all members of the City Council are hereby authorized to execute, and the City Secretary is hereby authorized to attest the execution, and the Mayor or such other authorized officer of the City as may be designated by the Mayor is hereby authorized to deliver to Union Oil Company of California an agreement in writing in substantially the following form: (As Attached) Section 2: That pursuant to the authority described and recited in the foregoing agreement, the City Council hereby designates and establishes for the term covered by such agreement an industrial district of the City of Nederland, Texas, over and including all of the lands and territory described in Paragraph II of such agreement. Section 3: That such agreement shall be executed in duplicate originals, shall be impressed with the official seal of the City of Nederland, Texas, shall be signed by the Mayor and all members of the City Council and attested and countersigned by the City Secretary, and shall be delivered to the ' authorized representatives of Union Oil Company of California at the earliest practicable time following the passage and adoption of this ordinance. Section 4: That the Mayor, City Council, City Secretary and all other appropriate officials of the City are hereby authorized and directed to any and all things necessary and /or convenient to execute, attest, deliver and carry out and perform the provisions of this ordinance and such agreement. Section S: That this ordinance shall become effective and be and remain in full force and effect from and after the 22 day of February, 1983, and it is so ordained. ATTESTED AND COUNTERSIGNED: S /CHRIS SERRES City Secretary, City of Nederland, Texas L S /H. E. NAGEL Mayor, City of Nederland, Texas Minutes Continued, February 22, 1983 Mr. Hembree, Liberty Cable T.V., reported on the work being done in the City of Nederland. A motion was made by Mr. Lee and seconded by Mr. Sawyer authorizing Fire Chief, Mike Lovelady, to attend the Fire Department Instructors Conference ' in Memphis, Tennessee, March 13 -18, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize Chris Serres to attend the Texas Public Health Association Seminar March 7 -9, 1983 in Corpus Christi, Texas. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize John Bernard to attend the Water Utilitiy Association Annual Meeting.& Short School at Texas A & M, March 6 -10, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize Howard McDaniel to attend Region VI Texas City Managers' meeting, March 11 -12, 1983 at Columbia Lakes. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Mr. Haven on Canal Avenue is having drainage problems. 2. Fence behind Crawfish Bucket needs repairing. 3. Citizen may be running business at 32nd Street and Avenue A (Residential District) The meeting adjourned at 8:50 P.M. �Z- . Nagel,-MaydY ATTEST: - 011,� hri i Cs Serres, City Secrxe;_ttaarryy/ 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. March 8, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the minutes of the meeting of February 22, 1983. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the City to supply utilities to Babe'.Ruth League ball parks. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to refer bid received for moving the R.S.V.P. building to the City Manager and staff for study and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bid for 300,000, 1.5 mil., garbage bags to Pak -Rite Plastics, Waco, Texas. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to amend Ordinance No. 164 setting regular dates for Council Meetings to be held from April 26, 1983 until April 10, 1984. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 26, 1983 THROUGH APRIL 10, 1984. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting dates for the meeting of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 3:00 P.M. on each of the following dates: May 10 June 14 July 12 August 9 September 13 October 11 November 8 December 13 January 10 ' February 14 March 13 April 10 the remainder of the meetings shall begin at 6:30 P.M. on the following dates: Minutes Continued, March 8, 1983 April 26 May 24 June 28 July 26 August 23 September 27 October 25 November 22 December 27 January 24 February 28 March 27 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the 8 day of March, 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the Inter- governmental Contract between the City of Nederland and the Jefferson County Sheriff's Department with the statement "except as provided for in Article 999b, Vernon's Annotated Texas Civil Statutes" added to the end of the last sentence of number 5 in said contract. All Voted Aye. The Mayor introduced Mr. Millard Van Hess of 204 36th Street. He brought before the Council several complaints regarding Liberty Cable T.V., flooding within the City limits, speeding on 36th Street from Helena to Nederland Avenue and eighteen - wheeler trucks using streets zoned residential. No action was taken since Mr. Van Hess was not on the agenda. Mr. Lucke presented plans to the City Council for 1,400 square feet of additions that will go out for bids on the R.S.V.P. building. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve amending Ordinance Nos. 137, 229, 264, 263, and 236 in relation to fee schedules. All Voted Aye. 7 1 Minutes Continued, March 8, 1983 1189 AN AMENDMENT TO ORDINANCE NO. 137 AN AMENDMENT TO ORDINANCE NO. 137 WHICH REGULATES ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITON, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF NEDERLAND, TEXAS; AMENDING SECTION 107.4 PER- TAINING TO PERMIT FEES; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; PROVIDING A EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDIANED BY the City Council of the City of Nederland, Texas: Section 1 That Section 107.4 pertaining to Permit Fees is hereby amended as follows: Any person desiring a permit shall, at the time of filing an application, therefore pay to the City of Nederland a fee as required in Appendix "K" Recommended Schedule of Permit Fees of the 1982 Standard Building Code, and as outlined below. The fees shall be as follows: Total Valuation Fee (a) $100.00 and less No fee, unless inspection required, in which case a $10.00 fee for each inspection shall be charged. $101.00 to $2,000.00 $10.00 (Minimum fee) $2,001.00 to $15,000.00 $10.00 for the first $2,000 plus $3.00 for each additional thousand or fraction thereof, to and including $15,000. $15,001.00 to $50,000.00 $49.00 for the first $15,000 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000. $50,001.00 to $100,000.00 $136.50 for the first $50,000 plus $2.00 for each additional thousand or fraction thereof, to and including $100,000. $100,001.00 to $500,000.00 $236.50 for the first $100,000 plus $1.25 for each additional thousand or fraction thereof, to and including $500,000. $500,001.00 and up $736.50 for the first $500,000 plus $.75 for each additional thousand or fraction thereof. (b) Moving of Building or Structures $50.00 (c) Demolition of Buildings or Structures - t Minutes Continued, March 8, 1983 1 ;1i I 1. For the demolition of any residence or commercial building, the fee shall be $25.00 and depost of $50.00 shall be required. The deposit will be returned if the job is completed and the lot is ' cleaned of all debris within ninety (90) days. 2. For the demolition of any accessory building or structure, the fee shall be $10.00. (d) Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. PENALTIES: Any person, either by himself or agent, and any firm, corporation, or other entity who violates 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 fixing any penalty contrary to a penalty provided by the saws of the State of Texas. SEVERABILITY CLAUSE: If any provision of this Code or the application there- ' of 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 ordinances or parts of ordinances in conflict with this Code are hereby repealed. WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication of the caption of this ordinance. PASSED AND APPROVED this 8 day of March, 1983. S /H. E. NAGEL H. E. Nagel, Mayor ATTEST: S /CHRIS SERRES Chris Serres, 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 1 Minutes Continued, March 8, 1983 AN AMENDMENT TO ORDINANCE NO. 229 ELECTRICAL ORDINANCE "THE NEDERLAND ELECTRICAL CODE" AN ORDINANCE AMENDING THE NEDERLAND ELECTRICAL CODE AS FOLLOWS: AMENDING ARTICLE I, SECTION 17(4) PERTAINING TO PERMIT FEES; PROVIDING A PENALTY; PROVIDING FOR PUB- LICATION BY PUBLISHING THE CAPTION ONLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Nederland, Texas: Section 1 That Article I, Section 17(4) of the Nederland Electrical Code pertaining to permit fees is hereby amended to read as follows: (4) Permit Fees: Service . . . . . . . . . . . . . . . . . . . $10.00 Each Additional Meter, . , . , . . . . . . . 2.50 Each Outlet, Switches, & Receptacles , . . . .20 Fixtures . , . . .20 Bells, Buzzers, & Chimes , . , . , . , . . . .25 Range . . . . . . . . . . . . . . . . . . . . 2.00 Water Heater . . . . . . . . . . . . . . . . 2.00 Dishwasher . . . . . . . . . . . . . . . . . 1.00 Disposal . . . . . . . . . . . . . . . . . . 1.00 Attic Fan . . . . . . . . . . . . . . . . . . 1.00 Drier, . , . . . . . . . . . . . . . . 2.00 Yard Lamp, each . . . . . . . . . . . . . . . 1.00 Room Air Conditioner Outlet, . , . , . , . . 2.00 Space Hearting, (Furnance) each, . . . . . . 5.00 Each Motor up to Five (5) HP , . . . . . . . 2.00 Each Motor over Five (5) HP. . . . . , . . . 2.50 Electrical Signs . . . . . . . . . . . . . . 15.00 Light & Power Panels Except at Point of Service - each . . . . . . . . . . . . . . 7.50 Each Rectifier or Transformer. . , . , . . . 5.00 Elevators, Dumbwaiters, Excalators . , . . . 7.50 Gasoline Pumps . . . . . . . . . . . . . . . 3.00 Floodlight Poles . . . . . . . . . . . . . . 1.00 Welding Machine Outlet . . . . . . . . . . . 2.00 Change Service . . . . . . . . . . . . . . . 10.00 Temporary Service on Pole, , . . . . . . . . 10.00 Reinspection . . . . . . . . . . . . . . . . 10.00 Move Meter . . . . . . . . . . . . . . . . . 10.00 Minimum on any Electrical Permit . . . . . . 10.00 Reinspection for Lights or Name Change . . . 10.00 Swimming Pool . . . . . . . . . . . . . . . . 15.00 PENALTIES: Any person, either by himself or agent, and any firm, corporation, or entity who violates 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 Minutes Continued, March 8, 1983 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 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 ordinances or parts of ordinances in conflict with this Code are hereby repealed. WHEN EFFECTIVE: This Amendment shall be effective from and after its pass- age and publication of the caption of this ordinance. PASSED AND APPROVED this 8 day of March, 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: , S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON 6d. E. Sanderson, City Attorney City of Nederland, Texas AN AMENDMENT TO ORDINANCE NO, 264 AN AMENDMENT TO ORDINANCE NO. 264 WHICH REGULATES THE INSTALLATION, ALTERATION, AND MAINTENANCE OF ALL PIPING EXTENDING FROM THE POINT OF DELIVERY OF GAS FOR USE AS A FUEL AND DESIGNED TO CONVEY OR CARRY THE SAME TO GAS APPLIANCES IN THE CITY OF NEDERLAND, TEXAS; AMENDING SECTION 2 PERTAINING TO PERMIT FEES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Nederland, Texas: Minutes Continued, March 8, 1983 Section 1 That Section 2, pertaining to permit fees is hereby amended to read as follows: Any person desiring a permit shall, at the time of filing an application, therefore pay to the City of Nederland, a fee as required in Appendix "C" Recommended Schedule of Permit Fees of the 1982 Standard Gas Code as published by the Southern Building Code Congress and as outlined below. The fees shall be as follows: (a) Permit Fees: Fee for issuing permit . . . . . . . . . $5.00 Water Heaters . . . . . . . . . . . . . . 2.50 Small Heaters and Fires. . . . . . . . . 2.50 Gas Ranges . . . . . . . . . . . . . . . 2.50 Gas Engines . . . . . . . . . . . . . . . 2.50 Hot Air Furnaces . . . . . . . . . . . . 2.50 Boiler Fires . . . . . . . . . . . . . . 5.00 Heating Units - Commercial and Residential . . . . . . 5.00 Floor Furnaces . . . . . . . . . . . . . 5.00 Special Piping . . . . . . . . . . . . . 5.00 Re- inspection. 5.00 One (1) to four (4) outlets. . . . . . . 5.00 Each additional outlet . . . . . . . . . 1.00 PENALTIES: Any person, either by himself or agent, and any firm, corporation or other entity who violates any of the provisions of this code shall be deemed guilty of a misdemeanor; and upon conviction of any such violation, shall be fined 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 fixing 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 ordinances or parts of ordinances in conflict with This Code are hereby repealed. WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication of the caption of this ordinance. PASSED AND APPROVED this 8 day of March, 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas Minutes Continued, March 8, 1983 ATTEST: S /CHRIS SERRES , Chris Serres, 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 AN AMENDMENT TO ORDINANCE NO. 263 AN AMENDMENT TO ORDINANCE NO. 263 WHICH REGULATES PLUMBING WORK IN THE CITY OF NEDERLAND, TEXAS; AMENDING SECTION 2 (a) PER- TAINING TO PERMIT FEES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Nederland, Texas: Section 1 1 That Section 2 (a) pertaining to 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 Appendix "H" Recommended Schedule of Permit Fees of the 1982 Standard Plumbing Code as published by the Southern Building Code Congress and as outlined below. The fee shall be as follows: (a) Permit Fees: Fee for issuing each permit . . . . . . $10.00 Toilets . . . . . . . . . . . . . . . . 2.50 each Tubs . . . . . . . . . . . . . . . . . . 2.50 each Lavatories . . . . . . . . . . . . . . . 2.50 each Sinks . . . . . . . . . . . . . . . . . 2.50 each Urinals . . . . . . . . . . . . . . . . 2.50 each Showers . . . . . . . . . . . . . . . . 2.50 each Water Heaters . . . . . . . . . . . . . 5.00 each Water Lines . . . . . . . . . . . . . . 2.50 each Sewer Lines . . . . . . . . . . . . . . 5.00 each Floor Drains . . . . . . . . . . . Washing Machines. . . . . . . . . . . . 2.50 . . . 2.50 each each Wash Room Con . . . . . . . . . . . . . 2.50 each Air Cond. Drain . . . . . . . . . . . . 2.50 each Drinking Fountains. . . . . . . . . . . 2.50 each 12" Grease Trap . . . . . . . . . . . . 3.00 each Large Size Grease Trap. . . . . . . . . 4.00 each Slop Sink . . . . . . . . . . . . . . . 2.50 each Soda Fountain . . . . . . . . . . . . . 5.00 each Minutes Continued, March 8, 1983 'S('9} Sinks in Cafe or Restaurant Single . . . . . . . . . . . . 2.50 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 . . . . . . . . . . . . . 2.50 each Glass Washers . . . . . . . . . . . . . 2.50 each Laundry Tray . . . . . . . . . . . . . 2.50 each Garbage Disposal . . . . . . . . . . . 2.50 each Fee for replacement of fixtures and repairs to be the same as new work. PENALTIES: Any person, either by himself or agent, and any firm, corporation, or other entity who violates 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 fixing 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 if 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 ordinances or parts of ordinances in conflict with this Code are hereby repealed. WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication of the caption of this ordinance. PASSED AND APPROVED this 8 day of March, 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas C'� Minutes Continued, March 8, 1983 APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas AN AMENDMENT TO ORDINANCE NO. 236 AN ORDINANCE AMENDING THE AIR - CONDITIONING, HEATING, VENTILATING AND COMMERCIAL REFRIGERATION ORDINANCE AS FOLLOWS: AMENDING CHAPTER II, ARTICLE 2.9 PERTAINING TO PERMIT FEES: PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAP- TION ONLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Nederland, Texas: C-i- T That Chapter II, ARticle 2.9 of the air - conditioning ordinance pertaining to permit fees is hereby amended to read as follows: Any person desiring a permit shall, at the time of filing an application, therefore pay to the City of Nederland, a fee as required in Section 106 and as required in Appendix "A ", Recommended Permit Fee Schedule of the 1982 Standard Mechanical Code as published by the Standard Building Code Congress, and as outlined below. The fees shall be as follows: (a) Permit Fees: Fee for issuing each permit . . . 1. Fee for inspecting heating, ventil- ating, ductwork, air - conditioning and refrigeration systems . . . . . . . . $10.00 . . . $10.00 for first $1,000 or fraction thereof, of valuation of the install- ation plus $2.00 for each additional $1,000 or frac- tion thereof. 2. Fee for inspecting repairs, alter- ations and additions to an existing system . . . . . . . . . . . . . . . . . $5.00 plus $2.00 for each $1,000 or fraction thereof. 3. Fee for inspecting boilers (based upon BTU input): 33,000 BTU (1 BHP) to 165,000 (5 BHP) $5.00 165,001 BTU (5 BHP) to 330,000 (10 BHP) $10.00 330,001 BTU (10 BHP) to 1,165,000 (52 BHP) . . . . . . . . . . . . . . . . . $15.00 1,165,001 BTU (52 BHP) to 3,300,000 (98 BHP) . . . . . . . . . . . . . . . $25.00 Over 3,300,000,BTU. . . . . . . . . . . . $35.00 1 1 1 1Oi ' Fee for Re- inspection . . . . . . . . . . . . $5.00 Temporary Operation Inspection Fee . $5.00 (When preliminary inspection is re- quested for purposes for permitting temporary operation of a heating, ventilation, refrigeration, or air conditioning system, or portion thereof, This fee shall be paid by contractor requesting such preliminary inspection. If the system is not approved for temporary operation on the first preliminary inspection, the usual re- inspection fee shall be charged for each subsequent preliminary inspec- tion for such purpose.) In all buildings, except one and two family dwellings, where self- contained air condi- tioning units of less than two tons are to be installed, the fee charged shall be that for the total cost of all units combined. (see #1 above for rates.) PENALTIES: Any person, either by himself or agent, and any firm, cor- poration, or other entity who violates 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 cor- poration, 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 pro- vided in said State Law and nothing herein shall be held as fixing any penalty contrary to a peanity 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 in 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 ordinances or parts of ordinances in conflict with this Code are hereby repealed. WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication of the caption of this ordinance. PASSED AND APPROVED this day of 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas 198 S /CHRIS SERRES Chris Serres, 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. Lee and seconded by Mr. Gillespie to authorize payment of Estimate No. 7 to Naylor Ind., $66,245.79, Job No. 379- 17B2Y, sewer rehabilitation. A motion was made by Mayor Nagel and seconded by Mr. Lee to authorize C.R.H. Associates to initiate Change Order No. 1 in the amount of $97,130.00 to Bella Company, Job No. 379 -17B for repairs on South 5th Street, pending approval of the Texas Department of Water Resources. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mayor Nagel to authorize payment of Estimate No. 7 in the amount of $20,750.28 to Bella Company, Job No. 379 -17B for wastewater collection system improvements. All Voted Aye. A motion was made by Mr. Lee and seconded by Mayor Nagel to authorize payment of Change Order No. 2 in the amount of $2,876.00 to Morrison and Miller, Job No. 381 -67P for 27th Street paving. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize payment of EstimateNo. 3 in the amount of $31,560.68 to Morrison and Miller, Job No. 381 -67P, 27th Street paving. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize payment of Estimate No. 2 in the amount of $20,255.13 to McCullough Associates, Inc., Job No. 379- 17B2Y, for sewer rehabilitation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to authorize payment of bills for the month of February. All Voted Aye. Chief Billy Neal presented the 1982 Police Chief's Annual Report. A motion was made by Mayor Nagel and seconded by Mr. Sawyer that no action be taken on the Executive Session. Discussion Items: 1. Garbage bags stacked out in front of car wash on Hwy. 365 and 15th Street. 2. Old van in front yard on 12th Street. 3. Man on Detroit in G.S.U. right -of -way. 4. Drainage problem on 13th Street. 5. Replacement of Cecil Fleming on Board of Appeals. 6. Street Rehabilitation Program. The meeting adjourned at 5:10 p.m. Chris erres, City Secretary City of Nederland, Texas H7 Na e a City of Nederland, Texas I� 1� fJ REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 6:30 P.M. March 22, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the minutes of the meeting of March 8, 1983. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a Proclamation declaring April 10 -11, 1983 "Mid Jefferson County Hospital Days in Nederland ". All Voted Aye. PROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim April 10 -11, 1983 As "MID - JEFFERSON COUNTY HOSPITAL DAYS IN NEDERLAND" in the City of Nederland, Texas, and urge each and every Citizen of our City to participate in the "Health Celebration" that is planned to promote "wellness" to the citizens of Nederland and the entire mid - county area. In testimony whereof, witness my hand and Seal of the City of Nederland this the 22 day of March, 1983, A.D. ATTEST: S /CHRIS SERRES CITY SECRETARY 1 S /HOMER E. NAGEL MAYOR, CITY OF NEDERLAND, TEXAS Minutes Continued, March 22, 1983 A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept the Planning and Zoning Commission's recommendation to deny the request to rezone the 2900 -3500 blocks of Nederland Avenue from residential to commercial and to accept the recommendation to amend Ordinance No. 146 to designate a six (6) month waiting period before a rezoning request can be resubmitted after it has been denied and to require a solid fence to separate residential zones from any other zoned property. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to refer bids received for Cessac and Nederland Avenue Lift Stations to the City Manager and staff for tabulation and recommendation. The three low bidders are as follows: J. P. Plakes, Inc., Beaumont, Texas; Saucier & Sons, Inc., Orange, Texas; and Bella Company, Beaumont, Texas. All Voted Aye. Eric Boles and his mother attended the Council Meeting. Eric is with Troup 109 and attended the Council Meeting as a requirement for obtaining his communications badge. A motion was made by Mr. Lee and seconded by Mr. Sawyer to reject all bids received March 8, 1983 for moving the R.S.V.P. building and to authorize readvertising for bids to be received no later than 3:00 P.M. April 5, 1983. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 4 in the amount of $4,068.54 to Gary Clark Contractors, Inc., Senior Citizens Center. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to appoint Mr. G. N. "Sam" Bass to replace Cecil Fleming as a member of the Zoning Board of Appeals and serve the remainder of Mr. Flemings term. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the Planning and Zoning Commission's recommendation to change the land use of Williamsburg Park Section I:I from "townhouses" to a green area, court yard, swimming pool, and additional parking for Williamsburg Park Section I. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve a Resolution assigning ballot. numbers for absentee and regular voting for the election of Saturday, April 2, 1983. All Voted Aye. RESOLUTION WHEREAS, Article 6.09 of Texas Election Laws has been amended so that official ballots are to be counted before delivery to the Election Judge and the number of each entered of record on the Minutes of the governing body; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Minutes Continued, March 22, 1983 That 295 ballots be delivered for use in absentee voting ranging from Serial Number 00006 through 00300, and 1,700 ballots for use in regular voting on election day ranging from Serial Number 00301 through 02000. PASSED BY the City Council this 22, day of March, 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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. Gillespie and seconded by Mr. Nagel to authorize John Bamber to attend the Texas Public Works Association Spring Conference in San Antonio, Texas, May 19 -21, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Upgrading street lights @ South 6 Street, 18 Street, and Helena Avenue. 2. Mayor Nagel commended City Employees for their efforts and support during the Heritage Festival. The meeting adjourned at 7:20 P.M. Z�L�62-1 H. E. Nagel, Mayo City of Nederland, Texas ATTEST: y Chris Serres, City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. April 5, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel., Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Gillespe and seconded by Mr. Nagel to approve the minutes of the meeting of March 22, 1983. All Voted Aye. The returns of the April 2„ 1983 General Election were read by Mrs. Luetta Powell, Election Judge. Out of 413 votes cast, 94 absentee, respective candidates received the following number of votes: NAME OF CANDIDATE I OFFICE VOTES Robert D. Sawyer Councilman of Ward One 328 Clinton C. Courts Councilman of Ward One 76 E. T. Gillespie, Jr. Councilman of Ward Three 363 A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept returns of the election as presented by Mrs. Luetta Powell, Election Judge. All Voted Aye. The Oath of Office was administered by the City Secretary to Mr. Robert D. Sawyer, Councilman of Ward One, and to Mr. E. T. Gillespie, Jr., Councilman of Ward Three. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payment of election officials in accordance with State Statutes, Article 3.08, Election Code ($4.00 per hour plus $25.00). All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve Proclamation declaring April 11 -16, 1983 as "Be A Kicker Week" in the City of Nederland. All Voted Aye. PROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas do hereby Proclaim April 11 - 16, 1983 As "BE A KICKER WEEK" I in the City of Nederland, Texas, and urge each and ever Citizen of our City to I support the Gulf Coast Youth Soccer Club during their 1983 season. Minutes Continued, April 5, 1983 In testimony whereof, witness my hand and Seal of the City of Nederland this the 5 day of April, 1983, A.D. S /HOMER E. NAGEL Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES City Secretary Received bids for relocation of R.S.V.P. building from Jones Boys, Inc., Beaumont, Texas in the amount of $2,850.00 and from J.R. Plake, Inc., Beaumont, Texas in the amount of $3,900.00. A motion was made by Mr. Lee and seconded by Mr. Nugent to award the bid for the relocation of the R.S.V.P. building to Jones Boys, Inc., Beaumont, Texas, with their company being held responsible for any damages to the building. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to award the bid received for Cessac and Nederland Avenue Lift Stations to J.R. Plake, Inc., Beaumont, Texas, based on their low of $161,900.00 and contingent upon E.P.A. approval. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to award the bid for the upgrading of the telephone equipment to American Bell, Houston, Texas in the amount of $58,453.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the up- grading of certain street lights relative to the 1977 Bond Issue Street Improvements. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to amend Zoning Ordinance No. 146. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 ZONING ORDINANCE OF THE CITY OF NEDERLAND AN AMENDMENT TO ORDINANCE NO. 146 WHICH REGULATES AND PROVIDES FOR ZONING IN THE CITY OF NEDERLAND; AND WHICH AMENDMENT SETS FORTH REQUIREMENT RULES AND REGULATIONS PERTAINING TO SCREENING WALLS OR RENCES AND EFFECT OF DENIAL OF APPLICATION FOR REZONING; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTIONS ONLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFEC- TIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE City Council of the City of Nederland, Texas: Section 1 That Section 5A pertaining to off - street parking and loading requirements is hereby amended by adding Section 5C. Section 5C: Screening Walls or Fences 1. In all other districts, when a lot abutts a Residential District, there Minutes Continued, April 5;, 1983 shall be provided, at the time any building or structure is erected, a six (6) foot permanent screening wall or fence. Screening walls or fences shall be constructed of redwood, cedar, pressure treated pine, masonry, or other permanent wall or fence material. g 2. The approved types of screening walls or fences are set out in Exhibit "A ", attached hereto and made a part. hereof, the same as is stated herein verbatim. 3. The surface of such wall or fence shall not contain any openings con- sisting of more than forty (40) square inches in each one (1) square foot of wall or fence surface. All passageways in such wall or fence shall be equipped with gates equal in height and screening characteristics of the wall or fence. 4. All required screening walls or fences shall not be less than six (6) feet nor more than seven (7) feet in. height. The lower edge of said wall or fence shall not be over three (3) inches above the finished ground elevation. 5. All required screening walls or fences shall be permanently maintained by owner in a safe and sound vertical condition. The area in front of said wall or fence shall be maintained in a clean and orderly condition, free of weeds, debris and trash. 6. A fence, hedge or enclosure extending closer than ten. (10) feet from the front property line shall not exceed a height of three (3) feet and, on a corner lot, a fence, hedge or enclosure extending closer than (10) feet from the side prop- erty line shall not exceed a height of three (3) feet. Section 2 Section 12: Effect of Denial of Application (6.) In case an application for amendment to the Zoning Ordinance is denied by the City Council, said application shall not be eligible for reconsideration for six (6) months subsequent to such denial. PENALTIES: Any person, either by himself or agent, and any firm, corporation, or other entity who violates 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 vio- lation 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 fixing 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 ordinances or parts of ordinances in conflict with this Code are hereby repealed. u Minutes Continued, April 5, 1983 WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication of the caption of this ordinance. PASSED AND APPROVED this 5 day of April, 1983. S /H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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. Nagel and seconded by Mr. Gillespie to approve pay- ment of Estimate No 8 in the amount of $15,780.44 to Naylor Industries, Inc., Job No. 379- 17B2Y, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve payment of Estimate No. 3 in the amount of $144,944.18 to McCullough Associates, Inc., Job No. 379 -17B2, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of Estimate No. 4 in the amount of $69,138.66 to Morrison and Miller, Job No. 381 -67P, 27th Street paving. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the City Manager and City Attorney to attend a Municipal Litigation program sponsored by T.C.M.A., April 22, 1983 in Austin, Texas. All Voted Aye. Fire Chief Mike Lovelady presented the Fire Chief's Annual Report. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the payment of bills for the month of March. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table Executive Session relating to personnel and legal matters. All Voted Aye. t O Minutes Continued, April 5, 1983 Discussion Items: 1. Mr. E. A. Gillespie, 3.5th Street, having problems with cable T.V. 2. Mr. Nugent requested copies of Fire Department weekly report to be sent to each Councilman. 3. Avenue A @ 21st Street may need another culvert set. The meeting adjourned at 4:00 P.M. H. E. Nagel, Mayo City of Nederland, Texas ATTEST: 1�'J' M-is Serres City Secretary City of Nederland, Texas J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. April 22, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of April 5, 1983. All Voted Aye. Mayor Nagel presented service pins to Vernon Lancon and Kenneth Segrest for twenty (20) years of service and to Mary Lou Champagne, James Mosley, and Chief Billy Neal for twenty -five (25) years service with the City of Nederland. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a proclamation declaring July 1, 1983 "Nederland Day" at the Astrodome. All Voted Aye. PROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim FRIDAY, JULY 1, 1983 As "NEDERLAND DAY" in the City of Nederland, Texas, and urge each and every Citizen of our City to participate in Nederland Day at the Astrodome in honoring our City's youth baseball programs. In testimony whereof, witness my hand and Seal of the City of Nederland this the 22nd day of April, 1983, A.D. HOMER E. NAGEL Mayor ATTEST: City of Nederland, Texas CHRIS SERRES City Secretary Received comments from Mr. Jack Werren, President of Jefferson County Fire Protection District No. 1, relating to extension of fire protection for the fire district. A motion was made by Mr. Nagel and seconded by Mr. Lee to delegate the City Manager to work with the officials of Jefferson County Fire Protection District No. 1 to compose an agreement between the City of Nederland and the Fire Minutes Continued, April 22, 1983 District and to extend fire protection services until such agreement could be fulfilled by both parties. All Voted Aye. Received comments from Mr. James Handley of Water District #10 in relation to extension of fire protection for the Water District. A motion was made by Mr. Nagel and seconded by Mr. Lee to extend fire protection services to Water District 10 for sixty (60) days contingent upon Jefferson County approving the extension. All Voted Aye. Received comments from Mr. Dave Coco regarding summer youth recreation program. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize Darrell Marchnad, Charles Gallier, Bobby Allen and Jack Humble to attend the annual Water Utility Short School in Port Arthur, Texas, April 25 -27, 1983. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize the advertising of bids to be received May 24, 1983 for a machanized garbage collection system. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Complaint about Basil Hortman storing refrigerators and grass around his house needs to be mowed. 2. Contractors are in the process of replacing fences. The meeting adjourned at 7:10 P.M. H. E. Nagel, Mayo City of Nederland, Texas ATTEST: Y IAIA-J-FARZ�-) Chr s Serre City Secretary REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. May 10, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of April 26, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a Proclama- tion proclaiming Thursday, May 12, 1983, as "Bum Phillip's Day ". All Voted Aye. PROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim Thursday, May 12, 1983 As "BUM PHILLIPS DAY" in the City of Nederland, Texas, and urge each and every Citizen of our City to participate in the activities which recognize Bum's contributions to the people of Southeast Texas. In testimony whereof, witness my hand and Seal of the City of Nederland this the 10th day of May, 1983, A.D. HOMER E. NAGEL Mayor City of Nederland, Texas ATTEST: CHRIS SERRES City Secretary A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a Resolution proclaiming May 22 -28, 1983 as "National Public Works Week ". All Voted Aye. RESOLUTION WHEREAS, public works services provided in our community are an integral part of citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste ?10 Minutes Continued, May 10, 1983 collection; and WHEREAS, the health, safety, and comfort of our community greatly depend on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as ' well as their planning, design, and construction are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, BE IT RESOLVED THAT I, HOMER E. NAGEL, MAYOR OF THE CITY OF NEDERLAND, do hereby proclaim May 22 -28, 1983 as NATIONAL PUBLIC WORKS WEEK in Nederland, and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions that public works officials make everyday to our health, safety and comfort. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a Resolution support the Divis Petition which advocates amending Section 26 of the Public Utility Regulatory Act. All Voted Aye. RESOLUTION WHEREAS, a primary purpose of the PUBLIC UTILITY REGULATION ACT OF 1975 was to establish a system to protect the consumers of the State of Texas from unnecessarily high public utility rates; and, WHEREAS, the Act stripped municipalities of their primary responsibility in regulation of utilities by providing de novo appeals to the Public Utility Commission and the Railroad Commission ; and WHEREAS, the Public Utility Commission, and to a lesser extent the Railroad Commission, have not kept faith with the citizens of the State of Texas and have totally failed to protect the public interest as mandated in the Act; and 1 Minutes Contined, May 10, 1983 WHEREAS, such failure to keep faith on part of the Commissions necessitate return of control to municipal governments, which by nature of their closer contact with their citizens, are more able to determine what is in the public interest; NOW, THEREFORE, BE IT RESOLVED THAT I, HOMER E. NAGEL, MAYOR OF THE CITY OF NEDERLAND, TEXAS, do hereby proclaim the City of Nederland's support for the Divis Petition, and the amending of Section 26 of the Public Utility Regulatory Act. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas Received comments from Mr. Gene Shepherd concerning the sale of General Obligation Bonds. A motion was made by Mr. Nugent and seconded by Mr. Lee to set the General Obligation Bond Sale date for May 24, 1983 and to authorize the financial advisor to proceed with Notice of Sale. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve amending Ordinance 134. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 134 AN ORDINANCE PROVIDING FOR LICENSING ORALL DOGS WITHIN THE CORPORATE LIMITS OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING A FEE THEREFORE; PROVIDING THAT ALL DOGS BE VACCINATED AGAINST RABIES; PROVIDING FOR A CITY DOG POUND, AND PROVIDING REGULATIONS FOR ITS OPERATION; PROVIDING FOR THE APPOINTMENT OF A POUND MASTER, AND PRESCRIBING HIS POWERS AND DUTIES; REQUIRING THE DETENTION OF DOGS HAVING BITTEN A PERSON; PROVIDING AN OFFENSE FOR REMOVAL OF LICENSE TAG; PROVIDING AN OFFENSE FOR DOGS RUNNING AT LARGE; REPEALING CONFLICTING ORDINANCES; PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS that Section 8, Number 1, shall be amended to read as follows: SECTION 8 1. Payment to the Pound Master of a pound fee of Thirty ($30.00) Dollars for the first time the dog is apprehended during any one calendar year, OR Payment to the Pound Master of a pound fee of Sixty ($60.00) Dollars for a second time the dog is apprehended during any one calendar year, 27Z Minutes Continued, May 11, 1983 OR Payment to the Pound Master of a pound fee of One Hundred ($100.00) Dollars for a third time and each subsequent time ' the dog is apprehended during any one calendar year. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS that Section 8, Number 4 shall be added and read as follows: SECTION 8 4. Payment of $5.00 per day as a fee for feeding, care and hand- ling of each dog impounded under the provisions of this ordinance. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS that the following fees shall be as follows: License Fee $ 1.00 Male, Spayed Female 5.00 Unspayed Female Vaccination Fee $10.00 Duplicate Tag Fee $ 1.00 Confinement & Observation Fee $ 5.00 Per Day This Ordinance shall take effect and be in full force and effect , from and after the date of its passage and publication, as provided by law. PASSED by the City Council this 10 day of May, A.D., 1983. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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 , Minutes Continued, May 10, 1983 ) A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the advertisement for bids to be received June 28, 1983 for petroleum products to be purchased through the Mid - County Municipal League. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 9 in the amount of $24,191.80 to Naylor Industries, Inc., Job No. 379- 17B2Y, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve payment of Estimate No. 4 in the amount of $45,124.97 to McCullough Associates, Inc., Job No. 379 -17B2, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 5 in the amount of $38,775.69 to Morrison and Miller, Job No. 381 -67P, 27th Street paving. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Weed complaint on the corner of 12th Street and Avenue M. The meeting adjourned at 3:40 P.M. ATTEST: Chris Serres, City Secretary' City of Nederland, Texas 1 11. E. 'Nagel, Mayory City of Nederland, Texas i ( � q REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 24, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of May 10, 1983. All Voted Aye. Mr. Gene Shepherd with Greer Moreland Fosdick Shepherd, Inc. opened and read bids received for General Obligation Bonds. A motion was made by Mr. Nagel and seconded by Mr. Lee to award the sale of $3,430,000.00 General Obligation Bonds for street improvements, water and wastewater system rehabilitation to Underwood, Neuhaus & Co., Inc. and to approve all necessary documents. All Voted Aye. ORDINANCE NO. 359 AN ORDINANCE by the City Council of the City of Nederland, Texas authorizing the issuance of $3,430,000 "CITY OF NEDERLAND, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1983 ", dated June 1, 1983; prescribing the form of the bonds and the form of the interest coupons; levying a. continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof` and providing for the assessment and collec- tion of taxes; enacting provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. WHEREAS, the City Council of the City of Nederland, Texas, hereby finds and determines that general obligation bonds of the City in the total principal amount of $3,430,000 should be issued and sold at this time; such general obligation bonds having been approved and authorized to be issued at elections held December 10, 1977 and July 7, 1981 and a summary of the general obligation bonds approved at said elections, the respective authorized purposes and amounts approved therefor, amounts previously issued and being issued pursuant to this ordinance from such voted authorizations and amounts remaining to be issued subsequent to the date hereof being as follows: W G Amounts Hereto- Amount Election Amount fore Being Unissued Date Authorized Purpose Issued Issued Balance 12 -10 -77 $7,050,000 Street $5,270,000 $1,760,000 $ -0- 7-7-81 650,000 Water -0- 650,000 -0- 7-7-81 2,000,000 Sewer 1,000,000 1,000,000 -0- W G Minutes Continued, May 24, 1983 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That the bonds of said City, to be known as "CITY OF NEDERLAND, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1983 ", be and the same are hereby ordered to be issued in the principal sum of THREE MILLION FOUR HUNDRED THIRTY THOUSAND DOLLARS ($3,430,000) for the purpose of making permanent public improvements, to wit: $1,780,000 for street improvements, including drainage improvements and sidewalk improvements incident thereto, $650,000 for improvements and extensions to the City's Waterworks System and $1,000,000 for improvements and extensions to the City's Sanitary Sewer System, under and by virtue of the Constitution and laws of the State of Texas and pursuant to Authority conferred at the aforesaid elections and City Charter. SECTION 2: That said bonds shall be dated June 1, 1983; shall be numbered consecutively from One (1) through Six Hundred Eighty -Six (686); shall be in the denomination of Five Thousand Dollars ($5,000), and shall become due and payable serially on June 1 in each of the years and bear interest at the per annum rates in accordance with the following schedule: SECTION 3: That said bonds shall bear interest from date until paid, BOND NUMBERS (All Inclusive) MATURITY AMOUNT INTEREST 1 to 5 1984 $ 25,000 11 % 6 to 10 1985 25,000 11 % 11 to 16 1986 30,000 11 % 17 to 26 1987 50,000 11 % 27 to 41 1988 75,000 11 % 42 to 56 1989 75,000 11 % 57 to 76 1990 100,000 11 8 77 to 101 1991 125,000 11 % 102 to 136 1992 175,000 9 % 137 to 176 1993 200,000 9 % 177 to 221 1994 225,000 9 % 222 to 271 1995 250,000 9 % 272 to 326 1996 275,000 9.10% 327 to 401 1997 375,000 9.20% 402 to 476 1998 375,000 9.30% 477 to 576 1999 500,000 9.40% 577 to 686 2000 550,000 9.50% PROVIDED, HOWEVER, the City reserves the right to redeem the bonds of this series maturing on and after June 1, 1994, in whole or any part thereof, on June 1, 1993, or on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption; PROVIDED, FURTHER, that at least thirty (30) days prior to a date any of said bonds are to be redeemed, a notice of redemption, signed by the City Secretary (specifying the serial numbers and amount of bonds to be redeemed), shall have been filed with the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas and the INTERFIRST BANK NEDERLAND, Nederland, Texas (the paying agents named in each of said bonds); and if the City shall have made available by the redemption date funds sufficient to pay the bonds to be redeemed and accrued interest thereon, any bond or bonds not presented for redemption pursuant to such notice shall cease to bear interest from and after the date so fixed for redemption. SECTION 3: That said bonds shall bear interest from date until paid, Minutes Continued, May 24, 1983 or the redemption thereof in accordance with the terms prescribed therefor, at the per annum rates shown above, such interest to be evidenced by proper coupons attached to each of said bonds and said interest shall be payable on December 1, 1983, and semiannually thereafter on June 1 and December 1 in each year. SECTION 4: That both principal of and interest on this issue of bonds shall be payable in lawful money of the United States of America, without exchange or collection charges to the owner or holder, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, or, at the option of the holder the INTERFIRST BANK NEDERLAND, Nederland, Texas, upon presentation and surrender of bonds or proper coupons. SECTION 5: That the seal of said City may be impressed on each of said bonds, or in the alternative, a facsimile of such seal may be printed on said bonds. The bonds and interest coupons appurtenant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City, and execution in such manner shall have the same effect as if such bonds and coupons had been signed by the Mayor and City Secretary in person by their manual signatures. Inasmuch as such bonds are required to he registered by the Comptroller of Public Accounts for the State of Texas, only his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such bonds in connection with his registration certificate to appear thereon, as hereinafter provided; in accordance with the provisions of Article 717j -1, V.A.T.C.S. SECTION 6: That the form of said bonds shall be substantially as follows: NO. UNITED STATES OF AMERICA $5,000 STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND, TEXAS PERMANENT IMPROVEMENT BOND, SERIES 1983 The CITY OF NEDERLAND, a municipal corporation of the State of Texas, acknowledges itself indebted to and, FOR VALUE RECEIVED, hereby promises to pay the bearer hereof, the principal sum of FIVE THOUSAND DOLLARS ($5,000), in lawful money of the United States of America, on the FIRST DAY OF JUNE, , with interest thereon from the date hereof until paid, or the redemption hereof in accordance with the terms prescribed therefor, at the rate of PER CENT ( 8) per annum, such interest being payable on December 1, 1983, and semiannually thereafter on June 1 and December 1 in each year and evidenced by interest coupons attached hereto.. Minutes Continued, May 24, 1983 BOTH PRINCIPAL AND INTEREST are payable only upon presentation and surrender of this bond and the interest coupons hereto attached as the ' same severally become due at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, or, at the option of the holder, the INTERFIRST BANK NEDERLAND, Nederland, Texas without exchange or collection charges to the owner or holder, and the bearer of this bond and its appurtenant interest coupons shall be deemed the owner thereof for purposes of re- ceiving payment and all other purposes, and neither the City nor the aforementioned places of payment shall be affected by any notice to the contrary. THIS BOND is one of a series of bonds, date June 1, 1983 numbered consecutively from One (1) through Six Hundred Eighty -Six (686), each in the donomination of Five Thousand Dollars ($5,000), aggregating in principal amount THREE MILLION FOUR HUNDRED THIRTY THOUSAND DOLLARS ($3,430,000), issued for the purpose of making permanent public improvements, to wit: $1,780,000 for street improvements, including drainage improvements and sidewalk improvements incident thereto, $650,000 for improvements and extensions to the City's Waterworks System and $1,000,000 for improve- ments and extensions to the City's Sanitary Sewer System, under authority of the Constitution and laws of the State of Texas, and pursuant to an ordinance duly adopted by the City Council of the City of Nederland, Texas, and duly recorded in the Minutes of said City Council. AS SPECIFIED in the ordinance hereinabove mentioned, the City reserves the right to redeem the bonds of said series maturing on and after June 1, 1994, in whole or any part thereof, on June 1, 1993, or ' on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption; PROVIDED, HOWEVER, that at least thirty (30) days prior to a date any of said bonds are to be redeemed, a notice of redemption, signed by the City Secretary (specifying the serial numbers and the amount of bonds to be redeemed), shall have been filed with the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas and the INTERFIRST BANK NEDERLAND, Nederland, Texas; and if the City shall have made available by the redemption date funds sufficient to pay the bonds to be redeemed and accrued interest thereon, any bond or bonds not presented for redemption pursuant to such notice shall cease to bear interest from and after the date so fixed for redemption. IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this bond and the series of shich it is a part is duly authorized by law and by elections held for that purpose in said City; that all acts, con- ditions and things required to be done precedent to and in the issuance of this series of bonds and of this bond have been properly done and per- formed, and have happened in regular and due time, form and manner as required by law; that sufficient and proper provision has been made for the levying and collection of taxes, which, when collected, shall be approporiated exclusively to the payment of this bond and the series of which it is a part, and to the payment of the interest coupons thereto annexed, as the smae shall become due; and that the total indebtedness of the City of Nederland, Texas, including the entire series of bonds of which this bond is one, does not exceed any constitutional or statutory ' limitation. IN TESTIMONY WHEREOF, the City Council of the City of Nederland, Texas, in accordance with the provisions of Article 717j -1, V.A.T.C.S., has caused the seal of the City to be impressed or a facsimile thereof Minutes Continued, May 24, 1983 to be printed hereon, and this bond and its appurtenant coupons to be executed by the imprinted facsimile signatures of the Mayor and City Secretary of said City. S /HOMER E. NAGEL Mayor, City of Nederland, Texas COUNTERSIGNED: S /CHRIS SERRES City Secretary, City of Nederland, Texas SECTION 7: That the form of interest coupons attached to each of said bonds shall be substantially as follows: NO. ON THE FIRST DAY OF $ unless the bond to which this coupons pertains has been redeemed in accordance with its terms, the CITY OF NEDERLAND, a municipal corporation in the County of Jefferson, State of Texas, hereby promises to pay to bearer the amount shown hereon in lawful money of the United States of America, upon presentation and surrender of this coupon, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas„ or, at the option of the holder, the INTERFIRST BANK NEDERLAND, Nederland,. Texas, without exchange or collection charges, such amount being interest due on such date on "CITY OF NEDERLAND, TEXAS, PERMANENT IMPROVEMENT BOND, SERIES 1983 ", dated June 1, 1983. Bond No. S /CHRIS SERRES S /HOMER E. NAGEL City Secretary Mayor SECTION 8: That the following certificate shall be printed on the back of each bond: OFFICE OF COMPTROLLER X X REGISTER NO. STATE OF TEXAS X I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the City of Nederland, Texas, and siad bond has this date been registered by me. WITNESS MY HAND AND SEAL OF OFFICE At AUSTIN, TEXAS, Comptroller of Public Accounts of the State of Texas 1 Minutes Continued, May 24, 1983 SECTION 9: That to provide for the payment of the debt service re- quirements on said bonds, being (i) the interest on said bonds and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said bonds or interest thereon shall remain outstanding and unpaid, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such debt service requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment diverted to any other purpose. The taxes so levied shall be paid into a fund known as "SPECIAL SERIES 1983 PERMANENT IMPROVEMENT BOND FUND ", which is hereby established for the payment of the obligations herein authorized. The Countil hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient for such bonds, it having been determined that the existing and available taxing authority of the City for such pur- pose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. SECTION 10: That the sale of the bonds herein authorized to UNDERWOOD, NEUHAUS & CO., INC. at the price of par and accrued interest to the date of delivery, plus a premium of $ is hereby confirmed. Delivery of said bonds shall be made to said purchasers as soon as may be after the adoption of this ordinance, upon payment therefor in accordance with the terms of sale. ' SECTION 11: That the purchasers' obligation to accept delivery of the bonds herein authorized is subject to their being furnished a final opinion of Dumas, Huguenin, Boothman and Morrow, Attorneys, Dallas, Texas, approving such bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such bonds. Printing of a true and correct copy of said opinion on the reverse side of each of said bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City of Nederland, Texas, is hereby approved and authorized. SECTION 12: That the City hereby certifies and covenants that the proceeds of the bonds are needed at this time to finance the costs of capital imrpovements planned by the City; based on current facts, estimates and circumstances, it is reasonably expected final disbursement of the bond proceeds will occur within three years from the date of the receipt thereof by the City; it is not reasonably expected that the proceeds of the bonds or moneys deposited in the interest and sinking fund created for the payment of the bonds will be used or invested in a manner that would cause them to be or become "arbitrage bonds" within the meaning of Section 103 (c) of the Internal Revenue Code of 1954, as amended, or any regulations or published rulings pertaining thereto; and save and except for the interest and sinking fund created herein no other funds or accounts have been established or pledged to the payment of the bonds. Proper officers of the City charged with the responsibility in the issuance of the bonds are herby authorized and directed to make, execute and deliver certifications as to facts, estimates and circumstances in existence as of the date of the issue of the bonds and stating whether there are Minutes Continued, May 24, 1983 any facts, estimates or circumstances which would materially change the City's current expectations, and. the covenants herein made and certifica- tions herein authorized are for the benefit of the holders of the bonds and coupons appertaining thereto and may be relied upon by the bondholders and bond counsel for the City. SECTION 13: That the Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the bonds herein authorized pending their approval by the Attorney General and their registration by the Comptroller of Public Accounts. SECTION 14: That CUSIP numbers may be printed on the bonds herein authorized. It is expressly provided, however, that the presence or absence of CUSIP numbers on the bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving said bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed on the bonds. SECTION 15: That, in reference to the Official Statement prepared in the initial offering and sale of the bonds herein authorized by the City, the City Council ratifies and confirms its prior approval of the form and content of any addenda, supplement or amendment thereto; the use of such Official Statement in the reoffering of the bonds by the above named purchaser(s) is hereby approved and authorized; and the proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to said Official Statement as prescribed therein, dated as of the date of payment for and delivery of the bonds. SECTION 16: That this ordinance shall take effect immediately and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND ADOPTED, this the 24th day of May, 1983. S/11OMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: S /CHRIS SERRES City Secretary, City of Nederland, Texas Mr. John Bamber opened and read bids received for mechanized garbage collection system. A motion was made by Mr. Nagel and seconded by Mr. Lee to refer bids received for mechanized garbage collection system to the City Manager and staff for tabulation and recommendation. All Voted. Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to renew the agreement Minutes Continued, May 24, 1983 between Hillcrest Baptist Church, Nederland Little League and the City of Nederland providing for recreational facilities upon church property ' situated in the 3500 block of of Avenue "H ". All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table amending Ordinance No. 90 pertaining to bee hives. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorized the advertisement for bids to be received June 14, 1983, 3:00 P.M., for 340,000 plastic garbage bags. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the advertisement for bids to be received June 28, 1983, 6:30 P.M., for Phase I of the water plant renovation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize advertisement for bids to be received as per completion of engineering de- sign work for the propsed storm sewer work on Nederland Avenue between South 37 Street to South 31 Street. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the payment of estimate no. 8 in the amount of $71,525.77 to Bella Co., Job No. 379 -17B, wastewater collection system improvements. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to accept application from Triple "J" Bar -B -Que for on premises consumption of alcoholic beverages in accordance with Ordinance No. 70. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the City Manager and Administrative Assistant to attend the annual T.C.M.A. Conference in Galveston, Texas, June 18 -21, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Exeuctive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Drainage along 9 Street between Franklin and Detroit. 2. Ditches along Methodist Church parking lot need to be cleaned. 3. Mayor Nagel complimented all City employees for the good job done cleaning up after the storm Friday. 4. Mr. McDaniel commended the Fire Department for their time and job done on rebuilding the 1957 Pumper. The meeting adjourned at 7:25 P.M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres,'City Secretary City of Nederland, Texas 222 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDE:EtLAND 3:00 P.M. June lA, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H., E. Nagel, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the minutes of the meeting of May 24, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve a Resolution honoring Mr. Leo Bryant. All Voted Aye. RESOLUTION WHEREAS, Leo Bryant has been employed by Drainage District No. 7 since March 1, 1958; and WHEREAS, during these twenty -five ,years Leo Bryant has, as Manager of Drainage District No. 7, accomplished great strides in the area of drainage and flood protection for the residents, homeowners and businesses of Drainage District No. 7; and WHEREAS, some of these major accomplishments have been an $65 million hurricane flood protection system, three completed bond issues in the amount of $27,345,000, expansion of the number of pump stations from 1 to 17, a data system to monitor operations, lining over 65 miles of ditch with concrete and over $100 million of capital improvements, many in conjunction with various local cities; and WHEREAS, such an outstanding record of achievements and accomplishments for the safety and protection of lives and property of this District should be recognized; NOW, THEREFORE, BE IT RESOLVED THAT I, HOMER E. NAGEL, MAYOR OF THE CITY OF NEDERLAND, TEXAS, do hereby resolve that Leo Bryant should be honored as he retires from the position of Manager of Drainage District No. 7, and call upon the citizens of Nederland and Drainage District No. 7 to acknowledge his contributions to our area. ATTEST: S /CHRIS SERRES _ Chris Serres, City Secretary City of Nederland, Texas S HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas Minutes Continued, June 14, 1983 A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a Proclamation declaring June as "Fair Housing Month ". All Voted Aye. IPROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim June, 1983 As "FAIR HOUSING MONTH" in the City of Nederland, Texas, and urge each and every Citizen of our City to become award of and support the Fair Housing Law. In testimony whereof, witness my hand and Seal of the City of Nederland this the 14 day of June, 1983, A.D. S /HOMER E. NAGEL Mayor, City of Nederland, Texas IATTEST: S /CHRIS SERRES City Secretary A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize advertisement for bids to be received July 12, 1983 for one trash truck chassis. All Voted Aye. Opened and read bids received for 340,000 plastic garbage bags. The three low bids were as follows: Pak -Rite - $15,422.40, Adams Industries - $15,925.60 and B & E Packaging - $17,095.20. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid to Pak -Rite of Waco. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to extend fire protection to Jefferson County Fire Prevention District #1 and to request Jefferson County to extend County road work in exchange for this service until January 1, 1984. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve amending Ordinance #90. All Voted Aye. 4 June 14, 1983 AN AMENDMENT TO ORDINANCE 90 AN ORDINANCE MAKING IT A CLASS "C" MISDMEANOR PUNISHABLE BY FINE FOR ANY PERSON, FIRM, CORPORATION OR FAMILY TO USE LANDS WITHIN THE CITY LIMITS OF NEDERLAND, TEXAS, UPON WHICH TO KEEP NO MORE THAN THREE (3) HIVES OF BEES WITHIN A DISTANCE OF FIFTY FEET (50') OF A NEIGHBORING PROPERTY LINE ON WHICH A RESIDENCE OR BUSINESS IS LOCATED ON THE SAID PROPERTY; PROHIBITING BEE HIVES WITHIN FIFTY FEET (50') OF DEDICATED ROADS OR STREETS; AND FURTHER PROVIDING THAT THE VIOLATION OF THIS ORDINANCE A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) SHALL BE ASSESSED WITH EACH AND EVERY DAY BEING A SEPARATE OFFENSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: It shall be unlawful for any person, firm, corporation or family TO keep more than three (3) hives of bees within the City Limits of Nederland, Texas. The maximum number of hives upon any premises shall not exceed three (3) in number. SECTION 2: It shall be unlawful for any person, firm, corporation or family to use lots, blocks or tracts of land in the City of Nederland, Texas, for the keeping of bees within a distance of fifty feet (50') of a neighboring property line on which a residence or business is located on the said property. SECTION 3: It shall be unlawful for any person, firm, corporation or family to keep bee hives within fifty feet (50') from the dedicated roads or streets in the City of Nederland, Texas. SECTION 4: Should this ordinance or any portion or part be declared invalid by a court of competent jurisdiction, it shall not affect the remainder hereof. SECTION 5: The violation of this ordinance shall be deemed a Class "C" misdemeanor punishable by fine of not more than Two Hundred Dollars ($200.00). SECTION 6: In the enforcement of this ordinance each and every day shall constitute a separate and distinct offense hereunder,. SECTION 7: In view of the fact that this ordinance is necessary for the immddiate protection and preservation of the public health, safety and general welfare, it becomes necessary that this ordinance shall be effective immediately from and after the passage of it and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 14 day of June, A.D., 1983. SIH`E. NAGEL H. E. Nagel, Mayor ATTEST: S /CHRIS SERRES Chris Serres, City Secretary Minutes Continued, June 14, 1983 A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 6 in the amount of $62,371.39 to Morrison and Miller, Job No. 381 -67P, 27th Street paving and approve change order #3 in the amount of $3,520.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of Estimate No. 5 in the amount of $78,666.04 to McCullough Associates, Inc., Job No. 379 -17B2. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of Estimate No. 10 in the amount of $20,901.90 to Naylor Industries, inc., Job No. 379- 17B2Y, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the Public Works Director to initiate the 1983 Driveway Program. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to set a Public Hearing for June 28, 1983 at 6:30 P.M. for the purpose of determining the use of revenue sharing fundes during the 1983 -1984 fiscal year in accordance with the Rules of the Federal Office of Revenue Sharing. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the payment of bills for the month of May. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table Executive ' Session relating to legal and personnel matters. All Voted Aye. Discussion Items: Drainage on 12th, 13th, 14th and 15th Street from Avenue M towards Hwy. 365. Base failure of asphalt patches over manhole rehabilitation. Charges have been filed against Mr. Smith and Mr. Welch for violation of Ordinance 146 - Zoning Ordinance, for operating a kennel in a residential area. Ordinance 134 will become effective as of July 15th. Left turn signal was installed on Nederland Avenue @ Hwy. 347. Fire Dept. recently received a "Jaws of Life" as a gift from the Volunteer Fire Dept. Also, donations have been received from several businesses in Nederland. Water Fees may be increased due to cost of treating bad water. The meeting adjourned at 4:50 P.M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres," City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' 6:30 P.M. June 28, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 p.m. Members present were Mrs. H. E. Nagel, Mr. E. T. Gillespie, and Mr. R. D. Sawyer. Mr. R. A. Nugent and Mr. T. E. Lee, Jr. were absent. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the minutes of the meeting of June 14, 1983. All Voted Aye. A Public Hearing was conducted for the purpose of determining the use of revenue sharing funds during the 1983 -1984 fiscal year in accordance with the rules of the Federal Office of Revenue Sharing. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to use revenue sharing funds to offset the cost of electricity in the operation of the City in the amount of $121,536.00 for the 1983 -1984 fiscal year. All Voted Aye. Received comments from Mr. Eli Barker relating to incorporation of Water District No. 10. No action was taken. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to extend fire protection services to Water District No. 10 contingent upon County extending their agreement I for 30 days until August 1, 1983. All Voted Aye. Opened and read bids received for petroleum products for the Mid - County Municipal League. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to refer bids received for petroleum products to the City Manager and staff for tabulation and recommenda- tion. All Voted Aye. Opened and read bids received for Segment I of Water Plant Rehabilitation. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer bids to City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Jo Ann Edwards to replace G. N. "Sam" Bass as a member of the Zoning Board of Appeals and serve the remainder of Mr. Bass' term. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to appoint City Officials in accordance with the City Charter from July 1, 1983 to June 30, 1984 as follows: Mrs. Chris Serres, City Secretary /Tax Assessor/ Collector; J. B. McKinney, City Treasurer; Billy, Neal, Police Chief; Mike Lovelady, Fire Chief /Fire Marshal; Melvin Franks, City Judge; and W. E. Sanderson, City Attorney; and appointment of Civil Defense Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Director I and Billy Neal, Assistant Director. All Voted Aye. Minutes Continued, June 28, 1983 );) % A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize final approval of application and permits for sale of alcoholic beverages for "on premise" consumption in accordance with Ordinance No. 70 as follows: Triple "J" Bar- B -Que. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Grass needs to be mowed on the corner of Avenue M and 12th Street. 2. Stop sign diwb at Gary Avenue & 19th Street. The meeting adjourned at 8:00 P.M. ATTEST: UA",LL - Chris Serres,' City Secretary City of Nederland, Texas 1 1 �.�1 l Ma City of ederIa Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. July 12, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of June 28, 1983. All. Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt a Resolution accepting the City of Nederland budget for the fiscal year beginning October 1, 1983 and ending September 30, 1984, and calling for a Public Hearing to be held at 6:30 P.M., August 9, 1983. All Voted Aye. A 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, 1983 AND ENDING SEPTEMBER 30, 1984. 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, 1983 and ending September 30, 1984, and; WHEREAS, such proposed and estimate budget, after due hearing and considera- tion, 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 is here- by accepted and a Public Hearing is hereby set for 6:30 F.M., August 9, 1983, 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 12 day of July, A.D., 1983. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas M' IIUT_U5 1.V11L111UCU1 UUly 1.c, ­- A motion was made by Mr. Nagel and seconded by Mr. Sawyer to set a Public Hearing to be held July 26, 1983 at 6:00 P.M. to issue notice of the City's intent to set the tax rate at $.62 per $100 of assessed value in accordance ' with Article 7244- V.T.C.S. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the City of Groves to award bids for water tuility supplies on behalf of the Mid- County Municipal League. All. Voted Aye. Received comments from Mr. John LaFleur appealing test results of Air - Conditioning exam. Opened and read bids received for one trash truck chassis. A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer bids received for trash truck chassis to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bid on Water Plant rehabilitation Segment I - underdrain system and dual media to Infilco Degremont; and surface wash and air scour system to General Filter Company. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of Estimate No. 7 in the amount of $112,026.94 to Morrison and Miller, Job No. 381 -67P, 27th Street paving and to approve change order No. 4 in the amount of $2,188.00. All Voted Aye. ' A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 6 in the amount of $86,955.09 to McCullough and Associates, Inc., Job No. 379 -17B2, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve payment of Estimate No. 11 in the amount of $19,473.06 to Naylor Industries, Inc., Job No. 379- 17B2Y, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of bills for the month of June. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table executive session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Ice cream trucks running in Nederland. 2. Turning lane in need of repair at Nederland Avenue and 27th Street. The meeting adjourned at 4:50 P.M. ZIL Homer E. Nagel, Mayor; ' City of Nederland, Texas ATTEST: Chris Serret, City Secretary City of Nederland, Texas ;Qt SPECIAL MEETING OF THE CITY COUNCIL OF THE 6:00 P.M. CITY OF NEDERLAND ' July 26, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:00 P.M. A Public Hearing was conducted to consider the proposed tax rate for the 1983 -1984 budget. A motion was made by Mr. Lee and seconded by Mr. Sawyer to set a Public Hearing for August 9, 1983 at 6:30 P.M. in the Nederland City Council Chamber to vote on the actual tax rate. The meeting adjourned at 6:20 P.M. ATTEST: Chi' S rres, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City o`, Nederland, Texas 1 1 G „1 REGULAR MEETING OF THE CITY COUNCIL OF THE ' 6:30 P.M. CITY OF NEDERLAND July 26, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Member.s present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of July 12, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid for trash truck chassis to Energy Country Ford, net bid being $23,369.81 . All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 9 in the amount of $37,329.81 to Bella Company, Job No. 379 -17B, sewer rehabilitation and to approve Change Order No. 1 in the amount of $4,159.73. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize the City of Nederland's participation in the T.M.L. Cable T.V. Defense Fund. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the City of Nederland's participation in the Southwestern Bell rate case and contributing to the T.M.L.'s Southwestern Bell Rate Case Trust Fund. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to place Tom Lee's name on the _list of nominees for possible appointment to the Regional Review Committee of the State administered Community Development Block Grant Program. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the appointment of Robert "Boots” Bodemuller to the Regional Council on Aging. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table approving ordinance suspending the rate increase request from Southern Union Gas Company until the August 9, 1983 Council meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Complaints on Cable T.V. weather station. 2. Revising City Charter 3. Revising section in A/C Ordinance setting out requirements for A/C exam. 4. Continuing policy on providing equipment for filling swimming pools. The meeting adjourned at 8:05 P.M, Minutes Continued, July 26, 1983 ATTEST: Chris Serres,'City Secretary City of Nederland, Texas H. E. Nagel, May6f ' City of Nederland, Texas LJ 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. August 9, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of July 26, 1983. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Naael to award the bid for petroleum lubricant products to Derrick Oil Company. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to appoint Mr. Everette Browning as auditor for the fiscal year ending September 30, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimate No. 8 in the amount of $33,414.02 to Morrison and Miller, Job No. 381 -67P, 27th Street Paving. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment of Estimate No. 7 in the amount of $30,237.86 to McCullough Assoc., Inc., Job No. 379 -17B2, sewer rehabilitation. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept a preliminary plat on Carriage Estates. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept a final plat on Barnett Estates. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Ordinance No. 361 suspending for 120 days the rate increase request of Southern Union Gas Company. All Voted Aye. ORDINANCE NO. 361 AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE BY SOUTHERN UNION GAS COMPANY OF THE RATES FOR GAS SER- VICE IN THE CITY OF NEDERLAND; PROVIDING THE REASONS THEREFOR; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 21, 1983, Southern Union Gas Company filed with the City of Nederland its Statement of Intent to increase its rates for gas utility service in the City of Nederland, effective August 25, 1983; and WHEREAS, the City Council has determined that Southern Union Gas Company's Statement of Intent to increase its rates for gas utility ser- vice in the City, effective August 25, 1983, should be suspended to a future date; to -wit: to a time 120 days after the proposed effective date of August 25, 1983, for the following reasons: i t Minutes Continued, August 9, 1983 (1) The City Council. has not had sufficient time to analyze and study the proposed increase; (2) That in order to reach a determination of the justness, reasonable- ness, 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 pursuant to Section 43(d) of the Public Utility Regulatory Act, the operation of the Southern Union Gas Company's proposed rate schedules filed with the City of Nederland on July 21, 1983, is hereby suspended for a period of one hundred twenty (120) days from August 25, 1983, for further study, investigation, presentation of evidence and public hearing.. Section 2: This being an Ordinance not requiring publication, it shall take effect and be in force from and after its passage. The City Clerk shall deliver a copy hereof to the local Manager of Southern Union Gas Company. PASSED, APPROVED AND ADOPTED at a re:gul.ar meeting of the City Council held on the 9th day of August, 1983. S /HOMER E. NAGEL Homer- E. Nagel, Mayor ATTEST: S /CHRIS SERRES , Chris Serres, City Secretary The foregoing ordinance, including all the provisions thereof, is hereby approved as to form and legality. S /W. E. SANDERSON W. E. Sanderson, City Attorney A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a Resolution retaining Joe M. Nall & Associates, Inc. to review and make a recommendation on the Southern Union Gas Company rate increase request. All Voted Aye. RESOLUTION' A RESOLUTION AUTHORIZING THE EMPLOYMENT OF JOE M. NALL AND ASSOCIATES, INC. TO PREPARE AN ANALYSIS IN THE MATTER OF SOUTHERN UNION GAS COMPANY's REQUEST FOR AN INCREASE IN RATES FOR THE SUPPLYING OF NATURAL GAS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: THAT the City Manager is hereby authorized to execute acceptance of proposal for the employment of Joe M. Nall & Associates, Inc., set forth in Exhibit "A" attached hereto and made a part hereof, for a financial analysis of Southern Union Gas Compan's application for an increase in rates for natural gas service dated July 21, 1983; and THAT a copy of the capiton of this Resolution be spread upon the minutes of the City Council; and, Minutes Continued, August 9, 1983 THAT the City Secretary shall cause a copy of this Resolution to be furnished to Southern Union Gas Company. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Nederland held on the 9 day of August, 1983. S /HOMER E. NAGEL Homer E. Nagel, Mayor ATTEST: S /CHRIS SERRES Chris Serres, City Secretary The foregoing ordinance, including all the provisions thereof, is hereby approved as to form and legality. S /W. E. SANDERSON W.E. Sanderson, City Attorney A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment of bills for the month of July. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: Placing signs prohibiting bicycles and motorcycles from using sidewalk between Allan Meadow Subdivision and Doornbos Park. Projects which we are requesting funding for through the Community Development Block Grant Fund need to be set forth with primary stipulation being that the projects are in low to middle income areas. Mayor Nagel called for a recess at 4:35 until 6:30 P.M. The meeting was called back to order by Mayor Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. A public hearing was conducted on the proposed City of Nederland budget for the fiscal year beginning October 1, 1983 and ending September 30, 1984. A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt the budget and to set the tax rate at $.62 per $100.00 valuation for the fiscal year beginning October 1, 1983 and ending September 30, 1984. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to adopt the budget with schedule of changes, if any, and to approve passage of Ordinance No. 360. 1 Minutes Continued, August 9, 1983 ORDINANCE NO. 360 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1983, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DELINQUENT TAXES; AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COU1CIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I That there is hereby levied and there shall be collected for the use and sup- port of the Municipal Government of the City of Nederland, Texas, and to pro- vide interest and sinking funds for the year Nineteen Hundred and Eighty - Three (1983) upon all property, real, personal and mixed within the corporate limits of the said City, subject to taxation. A tax of sixty -two cents ($.62) of each one hundred dollars ($100.00) 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) 46.54 of each one dollar ($1.00) levied on the 1983 Tax Roll. (b) For the purpose of paying interest: and principal of the seven hundred seventy -five thousand dollar ($775,000.00) Water and Sewer Improvement Bonds, Seriee 1959, 2.43% of each one dollar ($1.00) levied on the 1983 Tax Roll. (c) For the purpose of paying interest: and principal on the three hundred twenty -five thousand dollar ($325,000.00) Water and Sewer Improvement Bonds, Series 1960, .69% of each one dollar ($1.00) levied on the 1983 Tax Roll. (d) For the purpose of paying interest and principal on the two hundred twenty -five thousand dollar ($225,000.00) Water and Sewer Improvement Bonds, Series 1961, .50% of each one dollar ($1.00) levied on the 1983 Tax Roll. (e) For the purpose of paying interest and principal on the twenty thousand dollar ($20,000.00) Fire Station Bonds, Series 1962, .10% of each one dollar ($1.00) levied on the 1983 Tax Roll. (f) For the purpose of paying interest and principal on the five hundred thousand dollar ($500,000.00) Street Improvement Bonds, Series 1962, .99% of each one dollar ($1.00) levied on the 1983 Tax Roll. (g) For the purpose of paying interest and principal on the three hundred thousand dollar ($300,000.00) Street Improvement Bonds, Series 1963, .66% of each one dollar ($1.00) levied on the 1983 Tax Roll. Minutes Continued, August 9, 1983 (h) For the purpose of paying interest and principal on the one million eighty thousand dollar ($1,080,000.00) Street Improve- ment Bonds, Series 1967, 2.06% of each one dollar ($1.00) levied on the 1983 Tax Roll. (i) For the purpose of paying interest and principal on the four hundred fifty thousand dollar ($450,000.00) Street Improvement Bonds, Series 1969, 1.37% of each one dollar ($1.00) levied on the 1983 Tax Roll. (j) For the purpose of paying interest and principal on the three hundred fifty thousand dollar ($350,000.00) Sewer Improvement Bonds, Series 1970, 1.24% of each one dollar ($1.00) levied on the 1983 Tax Roll. (k) For the purpose of paying interest and principal on the two hundred fifty thousand dollar ($250,000.00) Park Improvement Bonds, Series 1978, .908 of each one dollar ($1.00) levied on the 1983 Tax Roll. (1) For the purpose of paying interest and principal on the two million seven hundred fifty thousand dollar ($2,750,000.00) Street Improvement Bonds, Series 1978, 8.338 of each one dollar ($1.00) levied on the 1983 Tax Roll. (m) For the purpose of paying interest and principal on the cight hundred fifty thousand dollar ($850,000.00) Park Improvement Bonds, Series 1980, 3.81% of each one dollar ($1.00) levied on the 1983 Tax Roll. (n) For the purpose of paying interest and principal on the one hundred thirty thousand dollar ($130,000.00) Library Improvement Bonds, Series 1980, .328 of each one dollar ($1.00) levied on the 1983 Tax Roll. (o) For the purpose of paying interest and principal on the one million twenty thousand dollar ($1,020,000.00) Street Improvement Bonds, Series 1980, 4.078 of each one dollar ($1.00) levied on the 1983 Tax Roll. (p) For the purpose of paying interest and principal on the one million dollar ($1,000,000.00) Sewer Improvement Bonds, Series 1982, 4.808 of each one dollar ($1.00) levied on the 1983 Tax Roll. (g) For the purpose of paying interest and principal on the one million five hundred thousand dollar ($1,500,000.00) Street Improvement Bonds, Series 1982, 7.818 of each one dollar ($1.00) levied on the 1983 Tax Roll. (r) For the purpose of paying interest and principal on the three million four hundred thirty thousand dollar ($3,430,000.00) ' Street and Sewer Improvement Bonds, Series 1983, 13.388 of each one dollar ($1.00) levied on the 1983 Tax Roll. �i Minutes Continued, August 9, 1983 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 1983. SECTION III That the ad valorem taxes herein levied for the year 1983 shall become due January 1, 1984, though payable on the first day of October, 1983, and may be paid up to and including the following January 31, 1984, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1984, and the following penalties shall be payable thereon to -wit: If paid during the month of February, six percent (68); if paid during the month of March, seven percent (78); if paid during the month of April, eight percent (88); if paid during the month of May, nine percent (98); if paid during the month of June, ten percent (108); and if paid on or after the 1st day of July, 1984, twelve percent (128) penalty. Such unpaid taxes shall bear interest rate of 128 per annum from February 1, 1984, the same being the next year succeeding the year 1983; and if paid on or after the 1st day of July, 1984, 128 interest; for which taxes are hereby levied or assessed. Tax cost shall be one dollar ($1.00). SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1984, 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 9 day of August, 1983. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES _ Chris Serres, 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 Ci The meeting adjourned at 7:35 P.M. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 Minutes Continued, August 9, 1983 I�. E. Nagel, M' yor City of Nederland, Texas 1 240 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 23, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E.-Nagel, Mr. R. A. Nugent, Mr. E..T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of August 9, 1983. All Voted Aye. Received comments from Mr. Dave Coco summarizing the 1983 Summer Recreation Program. Mayor Nagel and Council recognized retirees Nary Lou Champagne and Ben Melancon. A Public Hearing was conducted relating to projects to be considered for the Texas Community Development Block Grant application. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a Resolution verifying City Council commitment to the Texas Community Develop- ment Block Grant application. All Voted Aye. RESOLUTION WHEREAS, the City of Nederland has identified a need related to Community Development; and WHEREAS, a storm sewer project in the Midway Addition and a demolition project in Clayton Addition will assist in meeting such need; and WHEREAS, the Texas Department of Community Affairs administers the Texas Community Development Program to assist community development activity in the State of Texas; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the City of Nederland applied for a Texas Community Development Program Grant under the terms and conditions of the State of Texas and shall enter into and agree to the understanding and assurances contained in said application. 2. That the City of Nederland supports the proposed activity described below. PASSED this 23 day of August, 1983. ATTEST: CHRIS SERRES Chris Serres, City Secretary HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas Minutes Continued, August 23, 1983 A motion was made by Mr. Nagel and seconed by Mr. Nugent to approve the final plat of Highland North Estates IV. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bid for automated garbage system to Environmental Sales and Service of Houston. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve an amendment to Ordinance No. 155 increasing water rates. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTIONS FEES, AND GARBAGE RATES, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS. This ordinance increases water fees by $.50 per 1000 gallons of water after 6000 gallons of water used. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize police escorts for Nederland school buses traveling to and from out -of -town football games. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize Robert Smith to attend a supervisor management training seminar in College Station, September 6 -7, 1983. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive session relating to personnel matters. All Voted Aye. Discussion Items: 1. Gulf States notifying residents when they know the electricity will be off for any length of time. 2. Grass needs clearing from sidewalks at Doornbos Park. 3. Street sing needs replacing at 25 Street and Avenue B. 4. Possibility of extending trash pickup to Saturdays due to storm. 5. Notifying residents of new rates for landfill permits. 6. Notifying residents to repair and clean abandoned homes or the City will clean or demolish the structures. The meeting adjourned at 8:30 P.M. H. E. Nagel, ybrr City of Nederland, Texas ATTEST: p Chris S rtes, ity Secretary City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 30, 1983 The meeting was called to order by Mayor Pro Tem R. A. Nugent at 6:30 P.M. Members present were Mr. R. A. Nugent, Mr. E. T. Gillespie, and Mr. T. E. Lee, Jr. Mr. H. E. Nagel and Mr. R. D. Sawyer were absent. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve minutes of the meeting of August 23, 1983. All voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a Proclamation declaring the month of September, 1983 as "PTA Membership Month." All voted Aye. PROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim September, 1983 As "PTA Membership Month" in the City of Nederland, Texas, and urge each and every Citizen of our City to support and participate in the PTA programs of our schools for the betterment of the community and the education of our young children. In testimony whereof, witness my hand nad Seal of the City of Nederland this the 30 day of August, 1983, A.D. S /HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: S /CHRIS SERRES City Secretary A Public Hearing was conducted relating to the projects submitted in the Texas Community Development Block Grant application. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve submitting applications for the Texas Community Development Block Grant. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to allow the City Manager to use his discretion involving the City of Nederland in reference to the fuel adjustment dispute with Gulf States Utilities. All voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to table executive session relating to legal and personnel matters. All voted Aye. Minutes Continued, August 30, 1982 Discussion Items: 1. Traffic on Nederland Avenue 2. New motto printed on side of garbage collection trucks The meeting adjourned at 6:45 P.M. ATTEST: Chris erre , City Secretary City of Nederland, Texas n t R. A. Nugent, Mayor Pro Tem City of Nederland, Texas REGULAR :MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. September 13, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of .August 30, 1983. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertise- ment for bids to be received September 27, 1983 for water and sewer improve- ments in Carriage Estates. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to accept the Planning and Zoning Commission's recommendation to approve the final plat of Carriage Estates. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award bid supplying polymers (Nalco 6102) for Nederland Water Treatment Plant to Nalco Chemical Company. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bids for chemical supplies to low bidders as per bids received by City of Groves. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertise- ment for bids to be received Cctober 11, 1983 for police cars. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of Estimate No. 8 in the amount of $74,355.76 to McCullough Associates, Inc., Job No. 379 -17B2, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Change Order No. 2 in the amount of +$2,088.00 to McCullough Associates, Inc., Job No. 3A66B, pay item for expanding 4" and 6" service lines to newly relaid sewers. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the renewal of the City of Nederland's workers' compensation coverage for the period of October 1, 1983 to October 1, 1986. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve a resolution to comply with recent federal legislation and Internal Revenue Service Regulations for the I.C.M.A. Retirement Corporation. All Voted Aye. RESOLUTION OF THE CITY OF NEDERLAND WHEREAS, the Employer maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation (the "Administrator "); and Minutes Continued, September 13, 1983 WHEREAS, the Administrator has recommended changes in the plan docu- ment to comply with recent federal legislation and Internal Revenue Ser- vice Regulations governing said plans; and WHEREAS, the Internal Revenue Service has issued a private letter ruling approving said plan document as complying with Section 457 of the Internal Revenue Code; and WHEREAS, other public employers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interests of the participating employers with respect to the collective investment of funds held under their deferred compensation plans; and WHEREAS, said Trust is a salutary development which further advances the quality of administration for plans administered by the ICMA Retirement Corporation: NOW, THEREFORE, BE IT RESOLVED that the Employer hereby adopts the deferred compensation plan, attached hereto as Appendix A, as an amend- ment and restatement of its present deferred compensation plan administered by the ICMA Retirement Corporation, which shall continue to act as Adminis- trator of said plan; and BE IT FURTHER RESOLVED that the Employer hereby executes the ICMA Retire- ment Trust, attached hereto as Appendix B; and BE IT FURTHER RESOLVED that the Employer hereby adopts the trust agree- , ment with the ICMA Retirement Corporation, as appears at Appendix C hereto, as an amendment and restatement of its existing trust agreement with the ICMA Retirement Corporation, and directs the ICNA Retirement Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practicable; and BE IT FURTHER RESOLVED that the City Treasurer shall be the corrdinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation as Administrator, and shall cast, on be- half of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. I, Chris Serres, Secretary of the City of Nederland, do hereby certify that the foregoing resolution, proposed by the Nederland City Council, was duly passed and adopted in the Council of the City of Nederland at a regular meeting thereof assembled this 13 day of September, 1983, by the following vote: AYES: ALL NAYS: NONE IABSENT: NONE City Secretary of the City of Nederland, Texas Minutes Continued, September 13, 1983 A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve a Resolution accepting the State Department of Highways and Public Transportation Minute Order No. 81169 00162 concerning the improvement of 21st Street from Nederland Avenue to Detroit Avenue. All Vote Aye. RESOLUTION ACCEPTING THE PROVISIONS OF STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER THE STATE OF TEXAS X CITY OF NEDERLAND COUNTY OF JEFFERSON X September 13, 1983 MOTION was made by Councilman R. A. Nugent and seconded by Mayor H. E. Nagel that the Nederland City Council accept the provisions contained in Minute Order No. 81169 00162, passed by the State Highway and Public Transportation Commission on August 25, 1983, for the improvement by the State Department of Highways and Public Transporation of 21st Street from Nederland Avenue to Detroit Avenue. VOTE on the motion was as follows: Homer E. Nagel Mayor Robert E. Sawyer, Ward I Councilman T. E. Lee, Ward II Councilman Sam Gillespie, Ward III Councilman WHEREUPON the motion was declared carried. THE STATE OF TEXAS X COUNTY OF JEFFERSON X R. A. "Dick" Nugent, Ward IV Councilman I hereby certify that the foregoing is a true and correct copy of order passed by the City Council of Nederland, Texas on September 13, 1983. S /CHRIS SERRES City Secretary City of Nederland, Texas Jefferson County, Texas A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize Bill Winfrey and Robert Sangster to attend the Unit IV Water School in Port Arthur, Texas, September 27, 1983. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize Howard McDaniel to attend the T.C.M.A. Regional Sharing Conference in Fort Worth, September 16, 1983. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize payment 1 1 t I� 4 r Minutes Continued, September 13, 1983 1 t of bills for the month of August. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. The City still receiving discolored water from L.N.V.A. 2. Discussed abandoned cars around city. The meeting adjourned at 4:00 P.M. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas i REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 27, 1983 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. Homer E. Nagel, Mr. R. A. Nugent, Mr. Robert Sawyer and FOR ENFORCEMENT OF THIS ORDINANCE AND THE ISSUANCE OF PERMITS AND ESTABLISHING Mr. Tom Lee. Mr. Sam Gillespie was absent. CERTAIN FEES; PROVIDING FOR SPECIFICATIONS, MATERIALS, AND METHODS OF AIR- CONDITION- A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve the minutes PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE REPEAL- of the previous meeting of September 12, 1983 as read. All Voted Aye. Mayor Nagel welcomed the Columbian Squires, a junior group from the Knights of A motion was made by Mr. Lee and seconded by Mayor Nagel to authorize advertisement Columbus, to the Council meeting. of bids to be received October 11, 1983 for demolition or removal of the structure A motion was made by Mr. Nugent and seconded by Mr. Lee to approve a proclamation A motion was made by Mr. Nugent and seconded by Mayor Nagel to authorize flu shots setting October 9 -15, 1983 as "Christopher Columbus Week" in the City of Nederland. for City employees. All Voted Aye. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Sawyer to table the Executive A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bid for water Discussion Items: and sewer improvements in Carriage Estates to Eastwood Construction Company in 1. Approved 37' side pavement on improvements to 17th Street the amount of $49,760.00, contingent upon receipt of their bonds and insurance and the check from the developer. All Voted Aye. 3. Approved donation to the B. A. "Booty" Ritter Center for Senior Citizens. A motion was made by Mr. Sawyer and seconded by Mr. Lee to accept amendment to the Mechanical Ordinance No. 236. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 236 WHEREBY THE 1982 EDITION OF THE STANDARD MECHANICAL CODE RECOMMENDED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., WITH CERTAIN MODIFICATIONS, REGULATING AIR - CONDITIONING, HEATING, VENTILATING, AND RE- FRIGERATION WORK IN THE CITY OF NEDERLAND, TEXAS; DEFINING CERTAIN TERMS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE AND THE ISSUANCE OF PERMITS AND ESTABLISHING CERTAIN FEES; PROVIDING FOR SPECIFICATIONS, MATERIALS, AND METHODS OF AIR- CONDITION- ING, HEATING, VENTILATING, AND COMMERCIAL REFRIGERATION INSTALLATIONS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE REPEAL- ING ALL OTHER PROVISIONS OF ORDINANCE NO. 236 AND ALL AMENDMENTS THERETO HERETOFORE ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. A motion was made by Mr. Lee and seconded by Mayor Nagel to authorize advertisement of bids to be received October 11, 1983 for demolition or removal of the structure at 411 South 15th Street in accordance with Ordinance No. 137. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mayor Nagel to authorize flu shots for City employees. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Sawyer to table the Executive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Approved 37' side pavement on improvements to 17th Street 2. Approved use of Excavators and Constructors as to replace 6" diameter sewer lines_ on 27th Street. 3. Approved donation to the B. A. "Booty" Ritter Center for Senior Citizens. The meeting adjourned at 7:50 P.M. 1 ATTEST: Chris Se res, ity Secretary City of Nederland, Texas 1 1 Minutes Continued, September 27, 1983 omer E. Nagel, Mayor City of Nederland, Texas 250 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:OQ P.M. October 11, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of September 27, 1983. All Voted Aye. Opened and read bids received for demolition or removal of the structure at 411 South 15th Street. A motion was made by Mr. Lee and seconded by Mr. Nagel to refer bids received for demolition or removal of the structure at 411 South 15 Street to the City Manager and staff for tabulation and recommendation. All Voted Aye. Opened and read bids received for police cars. A motion was made by Mr. Nugent and seconded by Mr. Lee to refer bids received for police cars to the Mid - County Municipal League Committee for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a Resolution nominating R. A. "Dick" Nugent to the Board of Directors of the Jefferson County Appraisal District. All Voted Aye. RESOLUTION WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and, WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act; and, WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and, WHEREAS, the City of Nederland is desirous of having representation of the Board of Directors of the Appraisal District: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland in compliance with Senate Bill No. 621 hereby nominates the following candidate or candidates for the Board of Directors for the Appraisal District: R. A. "Dick" Nugent SO RESOLVED, this the 12 day of October, 1983. ATTEST: S /CHRIS SERRES Chris Serres, City Secretary S /H. E. Nagel _ H. E. Nagel, Mayor t Minutes Continued, October 11, 1983 A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve a Resolution retaining Touche -Ross as rate consultants in the Gulf States Utilities rate refund case. RESOLUTION A RESOLUTION CONCURRING IN THE EMPLOYMENT OF TOUCHE ROSS & CO., AS RATE CONSULTANT FOR PARTICIPATING CITIES IN THE MATTER OF THE APPLICATION OF GULF STATES UTILITIES COMPANY FOR DISPOSITION OF SETTLEMENT FUNDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the City Council of the City of Nederland hereby approves and concurs in the employment of Touche Ross & Co., by the City of Beaumont, The City of Port Arthur, the City of Groves, and the City of Port Neches, in the matter of the disposition of settlement funds in Public Utility Commission Docket No. 5108; and hereby further agrees to share the fees and expenses of Touche Ross & Co., with all other participating Cities in proportion to their respective number of electric utility customers. Said fees paid to Touche Ross & Co., shall be restricted as is set out in a letter from Touche Ross & Co., to Mr. George Wikoff, dated September 30, 1983, a copy of which is marked Exhibit "A" and is attached hereto and made a part of this resolution for all purposes. The hiring of Touche Ross & Co. under this resolution is contingent on the hiring of Touche Ross & Co. in regards to this same matter by the City of Port Arthur, the City of Groves and the City of Port Neches. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 11 day of October, 1983. S /HOMER E. NAGEL HOMER NAGEL, MAYOR ATTEST: S /CHRIS SERRES CHRIS SERRES, CITY SECRETARY The foregoing resolution, including all the provisions thereof, is hereby approved as to form and legality. S /W. EVERETT SANDERSON W. EVERETT SANDERSON, CITY ATTORNEY A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement of bids to be received October 25, 1983 for demolition of 3604 Gary with the understanding that if the owner has demolished at least 500 of the structure by that date the bids will be rejected and the owner will be given two additional weeks to complete the job. If the job is not completed at the end of the two week the City will refile against the owner. All Voted Aye. 52, Minutes Continued, October 11, 1983 A motion was made by Mr. Sawyer and seconded by Mr. Lee to amend the Fire Depart- ment Budget capital outlay section to pay the outstanding balance of $1,800.00 on the "Jaws of Life ". All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent authorizing payment of Estimate No. 12 and Final in the amount of $27,127.51 to Naylor Industries, Inc., Job No. 379- 17B2Y, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent authorizing payment of Estimate No. 9 in the amount of $57,097.20 to McCullough and Associates, Inc., JOb No. 379 -17B2, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee authorizing payment of Estimate No. 10 in the amount of $12,763.86 to Morrison and Miller, Job No. 381 -67P, street paving. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing payment of Estimate No. 10 and final in the amount of $1,000.00 to Bella Company, Job No. 379 -17B, wastewater collection improvements. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie approving payment of bills for the month of September. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to legal and personnel matters. All Voted Aye. There were no discussion items in relation to City government in accordance with the Nederland Home Rule Charter and the laws of the State of Texas. I The meeting adjourned at 5:30 P.M. omer E. Nagel, Mayor City of Nederland, Texas ATTEST: 6C/ 44Ra Chris Series, City Secretary City of Nederland, Texas rj� 6:30 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 25, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve minutes of the previous meeting of October 11, 1983. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to award bid for demolition of the structure located at 411 South 15th Street to Cecil Seymour. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award bid for Nederland Police cars to Kinsel Ford. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to reject all bids received for the demolition of the structure located at 3604 as the structure has already been demolished by owner. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to authorize the advertisement for bids to be received November 8, 1983 for demolition or re- moval of various structures in the corporate city limits of Nederland in accordance with Ordinance No. 137. The structures are located at 716 9th Street, 824 Helena Avenue, 507 10th Street, and 715 27th Street. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the advertisement for bids to be received November 22, 1983 for two (2) dump trucks and three (3) pickup trucks. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to execute a contract between C.R.H. Associates for engineering services related to the Avenue H and 17th Street paving projects. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 11 and Final to Morrison and Miller, Job No. 381 -67P, 27 Street Paving. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table Executive Session relating to legal and personnel matters. All Voted Aye. 1 2 5 Y Minutes Continued, October 25, 1983 Discussion Items: 1. Demolition of various structures 2. Extension of Ritter Park 3. 21st Street paving from Nederland Avenue to Detroit Avenue The meeting adjourned at 8:00 P.M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: �4%01 ZOXL"O-�- Chris Ser s, City Secretary City of Nederland, Texas 1 1 n r - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. November 8, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of October 25, 1983. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve a Proclama- tion declaring Tuesday, November 22, 1983, as "Maurice Talbert Day." All Voted Aye. PROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim TUESDAY, NOVEMBER 22, 1983 As "MAURICE TALBERT DAY" in the City of Nederland, Texas, and urge each and every Citizen of our City to recognize Maurice Talbert's contribution in civic areas, and to salute him for being honored at the Annual Civic Dinner for such out- standing community service in behalf of their hometown. In testimony whereof, witness my hand and Seal of the City of Ned- erland this the 22 day of November, 1983, A.D. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: CHRIS SERRES City Secretary, City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr.Gillespie to refer bids received for the demolition or removal of the structures located at 116 9th Street, 824 Helena Avenue, 507 10th Street, 715 27th Street to the City Manager and staff for tabulation and recommendation. All Voted Aye. C Minutes Continued, November 8, 1983 A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize the advertisement for bids to be received November 22, 1983 for the demolition or removal of structures located at 1811 21st Street, 1820 21st Street, I 1911 19th Street, 1812 19th Street, 1016 30th Street in accordance with Ordinance No. 137. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the advertisement for bids to be received December 13, 1983 for a soil stabilizer /road mixer. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the Chamber of Commerce to construct a shelter for a covered wagon at Tex Ritter Park. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve amending Ordinance #149 regulating the installation of water and sewer lines outside and within the City limits of Nederland. All Voted Aye. AMENDMENT TO ORDINANCE NO. 149 AN AMENDMENT TO ORDINANCE NO. 149 REGULATING THE INSTALLATION OF WATER AND SEWER LINES OUTSIDE AND WITHIN THE CITY OF NED- ERLAND. THIS ORDINANCE LIMITS THE CITY'S LIABILITY CONCERN- ING THE EXISTING UTILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. The City of Nederland will pay for the cost of labor and material , for extending the first fifty feet (50') of water and sewer lines from existing lines to new construction. In all extensions exceeding fifty feet (50'), the material cost, plus labor- and equipment as estimated by the City of Nederland, will be paid by the property owner before the work will be performed. In the event of an overrun of estimated cost of materials, labor, and equipment, the customer shall remit additional cost to the City before main tap is made. When cost of materials, labor and equipment is overestimated, the City shall reimburse the customer. 2. Where it becomes necessary to cross any city street from the main line to the lot line, the cost will be included in the tap charge, and will not be included as part of the first fifty feet (50'). 3. This ordinance is not to be construed nor to be in conflict with Ordinance No. 121, and Ordinance No. 121 shall prevail where any controversy exists. 4. The estimated cost of materials is to be based on 2" thru 6" water lines and 6" sewer lines„ with option to be with City as to what size lines are actually installed. 5. This ordinance shall supersede all other ordinances except Ordinance No. 121. 6. All water customers outside and within the City Limits whose property is situated in excess of fifty feet (50') from an existing City water main, may acquire service by complying with Sections (a) through (f) as follows: Minutes Continued, November 8, 1983 (a) By payment of the above mentioned extension cost, 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 deeding the "lien -free" facility to City upon completion and acknowledge that no rebate will be requested when additional customers are connected, area is annexed, or other; (c) By agreeing not to allow the addition of any customer to his connection; (d) By agreeing that the option shall be with the City Council of The City of Nederland to discontinue service to outside customers 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. (e) By payment of Plumbing Inspection Fees at One and One -Half times the inside the City of Nederland fee for outside customers. (f) City reserves the right to accept or reject any applications for water service outside the City of Nederland. Any extension exceeding two hundred feet (200') in length or requiring larger than a two inch (2 ") main water line or serving more than ten (10) potential water customers, shall be approved by City Council after due considera- tion of water supply available, etc. PASSED AND APPROVED by the City Council of the City of Nederland, this the 8 day of November, 1983. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve amending Ordinance #70 - Alcoholic Beverage Ordinance. All Voted Aye. AMENDMENT TO ORDINANCE NO. 70 AN ORDINANCE PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND EXCEPT WITHIN CERTAIN AREAS: THE SAID AREAS ARE LOCATED WITHIN THE PRECINCTS OF JEFFERSON COUNTY, TEXAS, WHICH WERE VOTED WET DURING AN ELECTION HELD NOVEMBER 4, 1958; PROVIDING FOR SPECIFICATIONS PER- MITTING THE SALE OF ALCOHOLIC BEVERAGES IN THOSE AREAS WHICH WERE NOT MADE DRY BY THIS ORDINANCE; PROVIDING FOR TIME FOR SALE; PROVIDING FOR FEES FOR Minutes Continued, November 8, 1983 PERMITS; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE OF THIS AMENDMENT. , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE 2. BEER AND WINE LICENSES d. Before any license required by this article shall be issued, the license fee required therefor and which is hereby levied and assessed shall be paid to the assessor and collector of taxes. Annual fees required for a license shall be one -half (�) of that fee required for the same license by the State of Texas. ARTICLE 4. a. Any person violating any of the provisions of this ordinance shall upon conviction, be fined not more than two hundred and no /100 dollars. Such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of the provisions of this ordinance is committed, continued, or permitted. b. This being an ordinance which carries a penalty for violation thereof, it shall become effective after the caption of this ordinance has been published in the official newspaper of the City on two separate occa- sions. , C. All ordinances, or parts of ordinances, in conflict herewith shall be and are hereby repealed. If any section, sub - division, paragraph, sentence, clause or word of this ordinance be held invalid or unconstitu- tional, the remaining portions of same shall nevertheless, be valid; and it is declared that such remaining portions would have been enacted, notwith- standing such unconstitutional portion thereof. PASSED by the City Council of the City of Nederland this 9 day of November, 1983. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas Minutes Continued, November 8, 1983 A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve a resolution casting the City of Nederland's votes on the official ballot for Board of Directors, Jefferson County Appraisal District, for R. A. "Dick" Nugent. All Voted Aye. CITY OF NEDERLAND A RESOLUTION WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and, WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act; and, WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and, WHEREAS, the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District; and, WHEREAS, the Act entitles each taxing unit to vote and determine its vote by resolution submitted to the county clerk before November 15; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland, in compliance with Senate Bill No. 621, hereby casts its entire vote as follows: Jack Bowser Vernon R. Crowder Eugene Landry Alfred Z. McElroy R. A. "Dick" Nugent 80 G. Wayne Turner SO RESOLVED, this the 8 day of November, 1983. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas Minutes Continued, November 8, 1983 A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of Estimate #1 in the amount of $43,064.73 to J. R. Plake, Inc., Job No. 379 - 17B1, new lift station. All Voted Aye. , A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate #10 in the amount of $123,593.09 to McCullough Associates, Inc., Job No. 379 -1782, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize payment of bills for the month of October. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive session relating to legal. and personnel matters. All Voted Aye. Discussion Items: Council agreed that if needed right -of -way on Avenue H was not donated, the radius would be shortened. After consulting with C.R.H. Associates, the City had no objections to Mr. Costilows proposal of laying culvert and covering Main B Ditch for future development. The parking problem on 13th Street @ Y.M.C.A. should resovle itself within two weeks - Soccer season will be over. Mr. Billy Wayne Doornbos requested that the City Manager discuss with the Council the possibility of making Louise, Shaw, and Terrace Drive, known , as Candy Cane Lane, a one -way drive after 5:00 p.m. during the Holiday Season. Council instructed the City Manager to contact Al Prive, State Representative, regarding Katerina Papoutsis's insurance. She is the baby in need of a liver transplant. The meeting adjourned at 4:20 P.M. f 4a4' !' Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 22, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mr. E. T. Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the previous meeting of November 8, 1983. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve a proclamation declaring the week of November 28, 1983 through December 3, 1983 as "Lifeline Week ". All Voted Aye. PROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim November 28, 1983 s December 3, 1983 As "LIFELINE WEEK" in the City of Nederland, Texas, and urge each and every Citizen of our City to enquire and make themselves familiar with this personal emergency response system that helps the elderly and disabled maintain their independence. In testimony whereof, witness my hand and Seal of the City of Nederland this the 22 day of November, 1983, A.D. HOMER E. NAGEL Mayor City of Nederland ATTEST: CHRIS SERRES City Secretary Minutes Continued, November 22, 1983 Received comments from residents of Allan Meadow subdivision regarding traffic. A study will be made by the Police Department to determine where stop signs should be placed in that subdivision. ' A motion was made by Mr. Nugent and seconded by Mr. Nagel to call a Public Hearing for 6:30 P.M. on December 27, 1983 concerning the closing of a walkway in Allan Meadow and the dedication of same to adjacent property owners. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the annual audit for the 1982 -1983 fiscal year by Mr. Everett Browning, C.P.A., and to authorize payment for the annual audit report. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to refer bids received for three (3) pickups and two (2) dump trucks to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to refer bids received for the demolition of various structures in Nederland to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table awarding bids for the demolition or removal of the structures located at 824 Helena, 507 10th Street, and 715 27th Street. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the advertisement for bids to be received December 27, 1983 for Phase II of the Water Plant renovation. All Voted Aye. , A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the advertisement for bids to be received January 10, 1983 for 17th Street and Avenue H paving projects. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept the Planning and Zoning Commission's recommendation to approve the preliminary plat of Northglen subdivision. All Voted Aye. A motion was made by Mr. :sawyer and seconded by Mr. Nagel to accept applications submitted for on premise consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: Triple "J" Bar- B -Que, Mr. Gatti's Pizza, Crawfish Bucket, Linder's Bar- B -Que!, The Nederland Club, Pizza Inn, Geneva's Seafood, The Hoagie House, Irene's Lounge, Ken's Pizza, Peggy's Seafood, American Legion Post No. 493, Italian Restaurant and Flying Pizza, La Suprema Tortilla Bakery, The Schooner Restaurant, Taco Rey, and LaFiesta Restaurant. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to table executive session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Abandoned cars in the 1200 Block of 27th Street. 2. Discussed insuring the Senior Citizen's van under the City of Nederland's blanket coverage. I The meeting adjourned at 8:45 P.M. 1 ATTEST: Chris Serres, C'ty Secretary City of Nederland, Texas r 1 Minutes Continued, November 22, 1983 Omer E. Nagel, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , 3:00 P.M. December 13, 1983 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of November 22, 1983. All Voted Aye. • Public Hearing was conducted on the Southern Union Gas rate increase request. • motion was made by Mr. Lee and seconded by Mr. Nugent to postpone the Southern Union Gas rate increase request for another thirty (30) days beginning December 23, 1983. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to call a Public Hearing to be held December 27, 1983 at 6:30 P.M. to consider the closing of a walkway in Allan Meadow Subdivision. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer bids received for one (1) soil stabilizer /road mixer to the City Manager and staff I for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize reciprocal lease agreements between the City of Nederland and the Mid - County Senior Citizens, Inc., for a 15 passenger van and to insure the vehicle under the City fleet insurance coverage. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize extending fire protection to Jefferson County Rural Fire District No. 1 for an indefinite period to time in exchange for County assisted road work. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve Ordinance No. 362 providing for the buy back of T.M.R.S. retirement credit. All Voted Aye. ORDINANCE NO. 362 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIRE- MENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY. , Minutes Continued, December 13, 1983 7 WHEREAS, the actuary of the Texas Municipal Retirement System has deter- mined that all obligations charged against the City's account in the munici- pality accumulation fund, including the obligations arising as a result of this ordinance, can be funded by the City within its maximum contribution rate and within its amortization period; and WHEREAS, the City Council has determined that adoption of this ordinance is in the best interests of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Pursuant to Section 63.003 of Subtitle G of Title 110B, Re- vised Civil Statutes of Texas, 1925, as amended, the City of Nederland hereby elects to allow any member of Texas Municipal Retirement System who is an employee of this City on the 13th day of December, 1983, who has terminated a previous membership in said System by withdrawal of deposits while absent from service, but who has at least 24 months of credited service as an employee of this City since resuming membership to deposit with the System in a lump sum the amount withdrawn, plus a withdrawal charge of five per cent (5%) of such amount for each year from date of such withdrawal to date of redeposit, and thereupon such member shall be allowed credit for all service to which the member had been entitled at date of termination of the earlier membership, with like effect as if all such service had been rendered as an employee of this City, whether so rendered or not. The City of Nederland agrees to under- write and hereby assumes the obligations arising out of the granting of all such credits, and agrees that all such obligations and reserves required to provide such credits shall be charged to this City's account in the munici- pality accumulation fund. The five per cent (5 %) per annum withdrawal charge paid by the member shall be deposited to the credit of the City's account in said municipality accumulation fund; and the deposits of the amount previously withdrawn by the member shall be credited to his or her individual account in the employees saving fund of the System. Section 2. This ordinance shall become effection on the 13 day of December, 1983, which is a date on or after the date set forther in Section 1, above. PASSED AND APPROVED this the 13 day of December, 1983. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 268 O Minutes Continued, December 13, 1983 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve amending Ordinance No. 216 providing for the update of service credit in T.M.R.S. All Voted Aye. , AN AMENDMENT TO ORDINANCE NO. 216 THE TEXAS MUNICIPAL RETIREMENT SYSTEM PARTICIPATION ORDINANCE AN AMENDMENT AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERN- ING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF NEDERLAND; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the 1st day of January, 1984, by reason of service in the employment of the City of Nederland, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 63.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) On the terms and conditions set out in Section 63.601 of said title, any member of the Texas Municipal Retirement System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and /or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1, 1983, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 63.601. (c) In accordance with the provisions of subsection (d) of Section 63.401 of said title, the deposits required to be made to the Texas Municipal Retire- ment System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. 1 Minutes Continued, December 13, 1983 Section 2. Increase in Retirement Annuities. ' (a) On terms and conditions set out in Section 64.203 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, the City of Nederland hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity of increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retire- ment of the person on whose service the annuities are based, multiplied by 30% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the eyar immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all I previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the Texas Municipal Retirement System. Section 3. Effective Date Subject to approval by the Board of Trustees of Texas Municipal Retire- ment System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1984. PASSED AND APPROVED this the 13 day of December, 1983. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas IAPPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas Minutes Continued, December 13, 1983 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve amending Ordinance No. 107 providing for the placing of temporary stop signs in Allan Meadow Subdivision and relocating stop signs at Avenue D and South 21st Street. All Voted Aye. ' AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATED TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations and required stop signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - STOP SIGNS The intersections at South 17th Street and Avenue K and South 23rd Street and Avenue K shall be designated as-3-way stop intersections." Stop signs shall be erected on both sides of South 17th Street and South 23rd Street at Avenue K. All Vehicles must come to a complete .stop before entering the intersection. Stop signs shall be erected on the following street at the cross street indicated. All drivers of vehicles must come to a complete stop at such ' signs. STOP Avenue D at South 21st Street Stop signs shall be removed at the following street at the cross street indicated. South 21st Street at Avenue D Section 2 - PENALTY Any person who violateds any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemanor, and shall on conviction thereof be fined any sum not less that $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 13 day of December, A.D., 1983. , Minutes Continued, December 13, 1983 ," HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve amending Ordinance No. 333 - Fire Prevention Code. All Voted Aye. AMENDMENT TO STANDARD FIRE PREVENTION CODE ORDINANCE NO. 333 AN ORDINANCE SETTING FORTH RULES AND REGULATIONS TO IMPROVE ' PUBLIC SAFETY BE PROMOTING THE CONTROL OF FIRE HAZARDS; RE- GULATING THE INSTALLATION, USE AND MAINTENANCE OF EQUIPMENT; REGULATING THE USE OF STRUCTURES, PREMISES, AND OPEN AREAS IN THE CITY OF NEDERLAND, NEXAS; PROVIDING FOR THE ABATEMENT OF FIRE HAZARDS; ESTABLISHING THE RESPONSIBILITIES AND PROCEDURES FOR ENFORCEMENT; SETTING FORTHER STANDARDS FOR COMPLIANCE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payment of Estimate No. 2 in the amount of $77,858.11 to J. R. Plake, Inc., Job No. 379 -17B1, new lift stations at Nederland Avenue and Canal Avenue. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimate No. 11 in the amount of $115,323.21 to McCullough Assoicates, Inc., Job No. 379 -17B2; and to approve Change Order No. 3 in the amount of +$14,243.70, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve payment of Estimate No. 2 in the amount of $7,565.85 to Eastwood Construction Company for water and sewer improvements in Carriage Estates. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for the demoliton of the structures located at 1904 19th Street and 1812 19th Street ' to Scales Bulldozer Work, Orange, Texas. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bid for two (2) dump trucks to Beaumont Motor Company. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid for three (3) pickup trucks to J. K. Chevrolet. All Voted Aye. Minutes Continued, December 13, 1983 A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the advertisement for bids to be received by 3:00 P.M., January 10, 1984, for 150,000 plastic garbage bags. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the payment of bills for the month of November. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to legal and personnel matters. All Voted Aye. The meeting adjourned at 3:50 P.M. Homer E. Nagel, Mayor 7- �- City of Nederland, Texas ATTEST: Chris Series, City Secretary City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 6:30 P.M. December 27, 1983 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mr. E. T. Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the minutes of the meeting of December 13, 1983. All Voted Aye. A Public Hearing was conducted concerning closing a walkway in Allan Meadow Subdivision. A motion was made by Mr. Nagel and seconded by Mr. Lee to reject closing the walkway in Allan Meadow Subdivision. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bid for one street stabilizer /mixer to Plains Machinery Company. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to refer bids re- ' ceived for four (4) raw water pumps, three (3) high service pumps and two (2) drive units to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Ordinance No. 363 revising the rates charged for natural gas sold by Southern Union Gas. All Voted Aye. ORDINANCE NO. 363 AN ORDINANCE REVISING THE RATES CHARGED FOR NATURAL GAS SOLD BY SOUTHERN UNION GAS COMPANY WITHIN THE CITY OF NEDERLAND, TEXAS; DECLARING THIS ORDINANCE TO BE A FINAL DETERMINATION OF RATES; AND PROVIDING AN EFFECTIVE DATE. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve an amendment to Ordinance No. 340 - Ambulance Ordinance. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 340 AN ORDINANCE REGULATING AMBULANCE SERVICE WITHIN THE CITY OF NEDERLAND, TEXAS. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve applica- tions for sale of alcoholic beverages for "on premise" consumption in accord- ' ance with Ordinance 70 as follows: Minutes Continued, December 27, 1983 Triple "J" Bar -B -Que Mr. Gatti's Pizza Linder's Bar -B -Que The Nederland Club Pizza Inn Geneva's Seafood All Voted Aye. The Hoagie House Irene's Lounge Ken's Pizza Peggy's Seafood Taco Rey La Fiesta Restaurant The American Legion Post No. 493 Italian Restaurant and Flying Pizza La Suprema Tortilla Bakery The Schooner Restaurant A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the advertisement for bids to be received January 10, 1984 for the demolition of the structure located at 1904 21st Street, Lot 5, Block 3, Clayton Addition, in accordance with Ordinance No. 137. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Mr. Bob Whitehead, President of Sabine Neches Chief Association, is re- questing donations for the completion of the fire boat. The meeting adjourned at 8:05 P.M. Homer E. Nagel, Mayor"` — City of Nederland, Texas ATTEST: NA� U,� Chris Ser es, City Secretary City of Nederland, Texas 1 1 1 2i5 3:00 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 10, 1984 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R.D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of December 27, 1983. All Voted Aye. Mr. M.L.C. Lucke gave a presentation regarding the B. A. "Booty" Ritter Center for Senior Citizens. Opened and read bids received for the 17th Street and Avenue H paving projects. A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer bids received for the 17th Street and Avenue H paving projects to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to award bid to ' Jersey Equipment Co, Houston, Texas, for Phase II of the water plant renovation; four (4) raw water pumps, three (3) high service pumps and two (2) drive units. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to refer bids re- ceived for the demolition or removal of the structure located at 1904 21st Street to the City Manager and staff for tabulation and recommendation. All Voted. Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to refer bids re- ceived for 150,000 plastic garbage bags to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve amending the garbage and trash Ordinance #35 to accommodate the new mechanized collection system. All Voted Aye. AN AMENDMENT TO GARBAGE AND TRASH ORDINANCE NO. 35 AN ORDINANCE DEFINING THE VARIOUS KINDS OF GARBAGE, REGULATING THE KINDS AND SIZE OF RECEPTACLES IN WHICH TO PLACE SAME, THE MANNER OF TIS PREPARATION AND WHICH IT MUST BE PLACED TO BE COLLECTED BY THE CITY GARBAGE DEPARTMENT: PROVIDING REGULATIONS FOR COLLECTING SAME AND PROHIBITING THE PLACING OF GARBAGE OR ANY ARTICLE OR MATERIAL ' IN THE STREETS AND ALLEYS OF THE CITY OF NEDERLAND: PROHIBITING THE MEDDLING, SCATTERING CONTENTS, PILFERING OR JUNKING WITH GARBAGE CANS, TRASH OR RUBBISH RECEPTACLES: PROHIBITING JUNKING OR CARRYING OFF THE PREMISES OF THE DUMP, THE COLLECTION OF GARBAGE, TRASH OR RUBBISH BY OTHER THAN CITY FORCES WITHIN THE CITY LIMITS: AND PRESCRIBED A PENALTY. c. r i :;16 Minutes Continued, January 10, 1984 A motion was made by Mr. Lee and seconded by Mr. Nagel to call a Public Hearing for January 24, 1984 at requirement. All Voted 6:30 P.M. as part of Aye. the landfill permit application I A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of Estimate No. 3 in the amount of $19,519.44 to J. R. Plake, Inc., Job No. 379 -17B1, new lift stations at Canal and Nederland Avenues. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 12 to McCullough Associates, Inc., Job No. 379 -17B2, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to cast the City of Nederland's votes for Trustees to serve on the T.M.L. Worker's Compensation Joint Insurance Fund and the T.M.L. Joint Self - Insurance Fund for the five men recommended by the Texas Municipal League. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the Mayor, Council, Emergency Management Coordinator, Fire and Police Chiefs, and City Manager to attend the Emergency Management Seminar in Austin, Texas, February 21 -23, 1984. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of the bills for the month of December. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table executive , session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Broken pipes due to freeze. 2. Joining with the City of Port Arthur to install a left turn signal at Hwy. 365 @ 27th Street. The meeting adjourned at 4:10 P.M. Homer E. Nagel, Mayor V City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. January 24, 1984 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of January 10, 1984. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve a Proclamation declaring Tuesday, February 7, 1984, "Martha White Day" in honor of her 100th Birthday. All Voted Aye. Received comments from Candy Miller representing the Nederland Task Force against drug and alcohol abuse. A Public Hearing was conducted concerning the Mid - County Municipal League Landfill permit application. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve amending Ordinance 363 revising the rates charged for natural gas by Southern Union Gas and to allow Southern Union to recoup rate case expenses. All Voted Aye. AMENDMENT TO ORDINANCE NO. 363 AN ORDINANCE AMENDING ORDINANCE NO. 363 OF THE CITY OF NEDERLAND REVISING THE RATES CHARGED FOR NATURAL GAS SOLD BY SOUTHERN UNION GAS COMPANY WITHIN THE CITY OF NEDERLAND; PROVIDING THAT NO OTHER PORTIONS OF SAID ORDINANCE SHALL BE AFFECTED HEREBY; AND PROVIDING AN EFFECTIVE DATE A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for 150,000 plastic garbage bags to Arrow Industries. Total bid being $9,623.70. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award bid for the removal of the structure located at 1904 21st Street to Nederland Construction Co. of Beaumont, Beaumont, Texas. Total bid - $585.00, two (2) working days. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award bid for 17th Street and Avenue H paving projects to Excavators and Constructors, Inc. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the "order calling election" providing for an election on April 7, 1984, for the ' purpose of electing a Mayor and two Councilmen; one for Ward II and one for Ward IV. All Voted Aye. Minutes Continued, January 24, 1984 ORDER CALLING ELECTION CITY ELECTION STATE OF TEXAS X COUNTY OF JEFFERSON X CITY OF NEDERLAND X I, H. E. Nagel, by virtue of the power and authority vested in me as Mayor of the City of Nederland, Texas, do hereby order an election to be held within the siad City of Nederland on the seventh day of April, A.D., 1984, for the purpose of electing a Mayor and two Councilmen, one for Ward Two and one for Ward Four for the City of Nederland for the full term. The polling place, time and presiding officer of said Election shall be as follows;. In the Council Chambers of said City of Nederland from 7:00 A.M. to 7:00 P.M., with Luetta Powell as presiding officer, and she shall select one (1) assistant judge and three clerks to assist in holding same. 1 Each person who has attained the age of eighteen years and who has resided within the said City of Nederland for thirty days next preceding said election and is a qualified voter under the General Election Laws of this State, shall be entitled to vote at said election and said election shall be conducted in accordance with the General Election Laws of this State. Notice of the time and place of holding said Election shall be given by ' posting true and correct copies of this order in three public places within the said City of Nederland, one of which shall be posted in City Hall. Candidates for the office of Councilman for Ward Two and Ward Four, having the qualifications required by the Charter of the City of Nederland, may be nominated for Councilman from the Ward, in which he must reside, by written petition signed by at least ten (10) qualified voters who reside in the Ward from which said person is to be nominated. Any person, having the qualifications required by this Charter may be nominated for Mayor by a written petition signed by at least twenty (20) qualified voters of the City. One such petition shall be circulated and signed for each nominee or candidate. Nominating petitions shall be singed and filed in the office of the City Secretary no later than 5:00 P.M., March 2, 1984, at the City Office Building. WITNESS MY HAND this the 24 day of January, A.D., 1984. ATTEST:CHRIS SERRES H. E. NAGEL CHRIS SERRES, CITY SECRETARY H. E. NAGEL, MAYOR City of Nederland, Texas City of Nederland, Texas 1 Minutes Continued, January 24, 1984 A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the Planning and Zoning Commission's recommendations in relation to Northglen ' Subdivision and the proposed subdivision on 219t Street hear Canal Avenue. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve Ordinance No. 364 suspending the proposed rate increase by Gulf State Utilities Company. All Voted Aye. ORDINANCE NO. 364 AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE BY GULF STATES UTILITIES COMPANY OF THE RATES FOR ELECTRIC UTILITY SERVICES IN THE CITY OF NEDERLAND; PROVIDING THE REASONS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a Resolution authorizing the employment of special counsel to assist in the matter of proposed rate changes by Gulf States Utilities Company. All Voted Aye. A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO ASSIST IN THE MATTER OF PROPOSED RATE CHANGES BY GULF STATES UTILITIES COMPANY. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a Resolution authorizing the employment of a rate consultant for Gulf States Utilities Company's request for rate increase. All Voted Aye. A RESOLUTION CONCURRING IN THE EMPLOYMENT OF TOUCHE ROSS & CO., AS RATE CONSULTANT FOR PARTICIPATING CITIES IN THE MATTER OF GULF STATES UTILITIES COMPANY RATE APPLICATION. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a Resolution authorizing the City Attorney to file a motion to intervene on behalf of the City of Nederland on Gulf States Utilities Company's request for rate increase. All Voted Aye. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE A MOTION TO INTERVENE ON BEHALF OF THE CITY OF NEDERLAND BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table executive session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. New garbage trucks and containers. 2. 'Summary of the 1977 Street and Storm Sewer Bond Program. 1 Minutes Continued, January 24, 1984 The meeting adjourned at 8:20 P.M. ATTEST: Chris Ser es, City Secretary City of Nederland, Texas -17k I Homer E. Nagel, Ma ' , s or y City of Nederland, Texas 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 14, 1984 The meeting was called to order by Mayor H. E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of January 24, 1984. All Voted Aye. Received comments and presentation from Gulf States Utilities Company /Texas A & M Extension Service, regarding Texas Certified Cities Program. The City of Nederland has now received 19 of the 20 certifications available. Awarded safety pins to Arnold Lee Prestridge, 20 years of service, and to Charles Slayton, 25 years of service to the City of Nederland. Presented safety awards to employees with no lost time or chargeable equipment accidents in 1983. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a resolution authorizing the City of Nederland to borrow $650,000.00 from Interfirst Bank Nederland for the purchase of garbage trucks. All Voted Aye. RESOLUTION BE IT RESOLVED THAT any two of the following: Mayor, Mayor Pro Tem, or City Manager, City Secretary, of the City of Nederland, or their successors in office, are hereby authorized on behalf of the City to borrow from InterFirst Bank Nederland, Six hundred fifty thousand and no /100 ($650,000.00) for the purpose of financing the purchase of garbage trucks, to be repaid one year from date, at an interest rate of .54 percent of the prime interest of InterFirst Bank Houston, to change as prime changes. Interest will be paid quarterly by the City at the offices of InterFirst Bank Nederland, 1308 Boston Avenue, Nederland Texas. I HEREBY CERTIFY THAT I am the duly appointed secretary of the City of Nederland, Texas and that the above is a true and correct copy of the Resolution adopted at a meeting of the Nederland City Council on February 14, 1984. CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 4 in the amount of $7,351.77 to J. R. Plake, Inc., Job No. 379 -17B1, lift stations at Nederland Avenue and Canal Street. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment Minutes Continued, February 14, 1983 of Estimate No. 13 in the amount of $88,085.81 to McCullough Associates, Inc., Job No. 379 -17B2, sewer rehabilitation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Ordinance 365 , to close and abandon a portion of Avenue F; and authorize the Mayor to sign a quitclaim deed. All Voted Aye. ORDINANCE NO. 365 AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING A CERTAIN PORTION OF A DEDICATED STREET IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the City of Nederland to supply utilities to Babe Ruth League ball parks for the 1984 season. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a contribution of $1,000.00 to the Sabine Neches Chiefs' Association Fireboat Fund. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize John Bernard and Jack Humble to attend the 66th Annaul Short School at Texas A & M University. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of the bills for the month of January. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Dilapidated house - 2603 Avenue F. 2. Drainage Problems: Avenue A @ 32nd Street, 1000 or 1100 blk. of Luling, 3300 Blk. of Nederland Avenue. 3. Joseph W. Moss, Jr. will lease Lots 21 & 22, Block 11, Nederland Addition, to the City of Nederland to use as a City Park for one ($1.00) dollar a year. The meeting adjourned at 4:25 P.M. H mer E. Nagel, Mayor ATTEST: y Chris Serre , City Secretary , 6:30 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 28, 1984 The meeting was called to order by Mayor H. E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. R. D. Sawyer, and Mr. T. E. Lee, Jr. Mr. E. T. Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve the minutes of the meeting of February 14, 1984. All Voted Aye. Chief Billy Neal gave presentation of the annual Police Report. A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept water and sanitary sewer utilities in Carriage Estates Subdivision, to authorize final payment of Eastwood Construction Company in the amount of $5,778.37, and to authorize a total payback to the developer in the amount of $46,602.33 as per Ordinance No. 121. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve the Planning A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Garbage containers. 2. Explanation of Bell Tele. System Rate increase request. 3. Family of Mr. Bill Weigmann would like to display his collection of Lions Club Pins (approx. 600) in the D. Bob Henson Memorial Library. 4. Mr. and Mrs. Bill Quick donated 21 museum mounted prints by a Texas Artist named Carol Gibson -Sayle available for check out by the Public. A deposit would be required to insure prints would be returned. 5. City of Port Neches agreed to retain professional engineering firm experienced in rate cases to do some additional studies on the Gulf States Utilities rate increase request and to serve as an expert witness from an engineering standpoint before the Public Utility Commission. 6. Seminar in Austin March 22, 1984 concerning Public Liability Insurance. 1 2 ; and Zoning Commission's recommendation for an access drive off the 1100 block ' of Luling Street A motion was made leading into a proposed apartment project. by Mr. Sawyer and seconded by Mr. Lee to All Voted Aye. authorize the advertisement for bids to be received April 10, 1984 for expansion and rehabilitation of sewer plant and remainder of line work. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table executive session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Garbage containers. 2. Explanation of Bell Tele. System Rate increase request. 3. Family of Mr. Bill Weigmann would like to display his collection of Lions Club Pins (approx. 600) in the D. Bob Henson Memorial Library. 4. Mr. and Mrs. Bill Quick donated 21 museum mounted prints by a Texas Artist named Carol Gibson -Sayle available for check out by the Public. A deposit would be required to insure prints would be returned. 5. City of Port Neches agreed to retain professional engineering firm experienced in rate cases to do some additional studies on the Gulf States Utilities rate increase request and to serve as an expert witness from an engineering standpoint before the Public Utility Commission. 6. Seminar in Austin March 22, 1984 concerning Public Liability Insurance. 1 2 ; Minutes Continued, February 28, 1984 The meeting adjourned at 7:15 P.M. ATTEST: Chris Serr s, City Secretary City of Nederland, Texas X�Je.. I Homer E. Nagel, May City of Nederland, Texas i I ii 3:00 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 13, 1984 The meeting was called to order by Mayor Protem R. A. Nugent at 3:00 P.M. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the minutes of the meeting of February 28, 1984. All Voted Aye. Members present were Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mayor H. E. Nagel was absent. Received comments from Mr. L. A. Daniel in relation to the automated garbage system. A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept the Planning and Zoning Commission's recommendation to approve Christina Court I; and, to authorize advertisement for bids to be received March 27, 1984 for construction of sanitary sewer and water mains in Christina Court I. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a Resolution authorizing the City of Nederland to participate with the other area cities on the employment of R. W. Beck and Associates to assist in analysis of the Gulf States Utilities rate increase. All Voted Aye. RESOLUTION A RESOLUTION CONCURRING IN THE EMPLOYMENT OF R. W. BECK & ASSOCIATES, AS RATE CONSULTANT FOR PARTICIPATING CITIES IN THE MATTER OF GULF STATES UTILITIES COMPANY RATE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the City Council of the City of Nederland hereby approves and concurs in the employment of R. W. Beck and Associates by the City of Port Neches on behalf of all participating Cities, including the City of Nederland, in the matter of the rate application of Gulf States Utilities Company now pending before the Public Utility Commission and before the City of Nederland and the other Cities in the Gulf States Service area; and hereby further agrees to share in the fees and expenses of R. W. Beck & Associates, with all other participating Cities in proportion to their respective number of electric utility customers. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 13 day of March, 1984. ATTEST: _CHRIS SERRES HOMER E. NAGEL Chris Serres, City Secretary Homer E. Nagel, Mayor City of Nederland, Texas City of Nederland, Texas Minutes Continued, March 13, 1983 `J The foregoing resolution, 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 A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a resolution supporting the Mid - County Municipal League in its efforts to have the Public Utilities Commission amend the Intervenor's Agreement permitting funding of Project Care. 3 Ayes, 1 Nay. RESOLUTION WHEREAS, Gulf States Utilities Company recently reached a settlement with United Gas Company for $112 million as a result of a lawsuit for breach of supplier's contract; and WHEREAS, of the $112 million, $46 million will be refunded to Texas customers with $11 million earmarked residential; and WHEREAS, the Mid - County Municipal League, composed of the cities of Groves, Nederland, and Port Neches, along with Water District No. 10, have gone on record supporting the disbursement of residential refunds in the following manner: (1) The remainder in the refund settlement account as of January 31, 1985, would be transferred to the Project Care Program implemented last year by GSU and administered by the American Red Cross. (2) GSU customers in the Texas service area would be requested to contribute their refund to Project Care voluntarily. GSU estimates that each residential customer will receive a $7 to $40 refund, depending on the amount of kilowatts used between January 1, 1979, through December 31, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the City of Nederland, Texas, does hereby resolve to support the Mid - County Municipal League with their proposal to help the needy and the elderly in the GSU Texas service area by requesting that the Public Utilities Commission amend the Intervenor's Agreement permitting funding of Project Care. PASSED BY A 3 -1 VOTE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, this the 13 day of March, 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas t Minutes Continued, March 13, 1983 � K A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve amending Ordinance 340 - Ambulance Ordinance. All Voted Aye. IAN AMENDMENT TO ORDINANCE NO. 340 1 AN ORDINANCE REGULATING AMBULANCE SERVICE WITHIN THE CITY OF NEDERLAND, TEXAS BE IT ORDAINED BY THE CITY COUNCIL of the City of Nederland, Texas that Section 1, Article B, of the Ambulance Ordinance shall be amended as follows: SECTION 1 B. State Permit - Unless the applicant has been issued a permit by the Texas Department of Health pursuance to Article 44470, Vernon's Texas Civil Statutues. PASSED, APPROVED and ADOPTED by the City Council of the City of Nederland this 13 day of March, 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, 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. Nugent and seconded by Mr. Sawyer to approve payment of Estimate No. 14 and Final, Job No. 379 -17B2, in the amount of $100,300.25 to McCullough and Associates contingent upon final approval of clean -up work from the City Manager and staff. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 5, Job No. 379 -17B1, lift stations on Nederland Avenue and Canal Street, and Final in the amount of $14,105.95 to J.R. Plake, Inc. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 1 and Change Order No. 1, Job No. 3A88P- 3A89P, Avenue H and 17th Street paving project, in the amount of $55,427.68 to Excavators and Constructors. All Voted Aye. 2'8' Minutes Continued, March 13, 1984 A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize Fire Chief Mike Lovelady and Assistant Fire Marshal Gary Collins to attend Texas A & M Arson Conference in Austin, Texas, March 12 -16, 1984. All Voted , Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of bills for the month of February. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize city personnel to attend the seminar on Public Official Risk management in Austin, March 21 -22, 1984. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to table executive session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Abandoned Car @ 1200 Blk. of 14th Street. 2. Automated Garbage System 3. Demolition of house at Helena @ 9th Street has stopped. 4. Outside city garbage customers want to continue garbage service. S. Citizens are concerned about traffic problems arising from the proposed access street off of Luling leading from an apartment complex. The meeting adjourned at 4:20 P.M. 2L� Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: vV sute-7'x Chris Serr44s, City Secretary City of Nederland, Texas 6:30 P.M. SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 27, 1984 The meeting was called to order at 6:30 P.M. by Mayor Protem R. A. Nugent. Members present were Mr. R. A. Nugent, Mr. T. E. Lee, Mr. E. T. Gillespie, and Mr. R. D. Sawyer. Mr. H. E. Nagel was absent. A motion was made by Mr. Lee and seconded by Mr. Sawyer to pass a Resolution of evidence of financial responsibility as part of an application to permit the Mid - County Municipal League Landfill. All Voted Aye. RESOLUTION WHEREAS, the Mid - County Municipal League, comprised of the cities of Groves, Nederland and Port Neches, are desirous of obtaining a permit for the operation of the Mid - County Municipal League Landfill; and WHEREAS, the Mid - County Municipal League, through its member cities, does support the Mid - County Municipal League Landfill in the form of monetary per capita contributions from garbage receipts; and WHEREAS, each member city of the Mid - County Municipal League does pledge future financial, administrative and operational support to the Mid - County Municipal League Landfill. NOW, THEREFORE, BE IT RESOLVED BY THE MID - COUNTY MUNICIPAL LEAGUE: That the Mid - County Municipal League, through its member cities will properly operate the Mid - County Municipal League Landfill and provide proper closure and commit to provide backup equipment by lease, purchase, or diversion from other activities. PASSED BY THE MID COUNTY MUNICIPAL LEAGUE this the 27th day of March, 1984. R. A. NUGENT R. A. Nugent, Mayor Protem Cityof Nederland, Texas ATTEST: CHRIS SERRES ?C i Chris Serres, City Secretary 1 City of Nederland, Texas ?C i Minutes Continued, March 27, 1984 A motion was made by Mr. Sawyer and seconded by Mr. Lee to appoint C.R.H. and Associates as design engineer for the purpose of submitting engineering reports planning materials, plans and specifications for the permitting of the Mid - County Municipal League Landfill. All Voted Aye. Meeting adjourned at 6:45 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas Pfi &In a6f-- - R. A. Nugent, ayor Protem City of Neder Vand, Texas 1 I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:45 P.M. March 27, 1984 The meeting was called to order by Mayor Protem R. A. Nugent. Members present were Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. R. D. Sawyer. Mr. H. E. Nagel was absent. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the minutes of the meeting of March 13, 1984. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to rescind the recommendation by the Planning and Zoning Commission to allow an access drive to be constructed through two residential lots on Luling Street as recommended by City Attorney, W. E. Sanderson. All Voted Aye. (See attachment at end of minutes) A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve a Proclamation declaring April 8 -9, 1984 as "Mid- Jefferson County Hospital Days" in Nederland. All Voted Aye. PROCLAMATION I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, Texas, do hereby Proclaim APRIL 8 -9, 1984 As "MID- JEFFERSON COUNTY HOSPITAL DAYS" in the City of Nederland, Texas, and urge each and every Citizen of our City to join in the celebration of Mid - Jefferson County Hospital's twenty (20) years of providing "Competent Compassionate Care ", and promotion of wellness in the future of the citizens of Nederland and the entire Mid - County area. In testimony whereof, witness my hand and Seal of the City of Nederland this the 27th day of March, 1984, A.D. CHRIS SERRES HOMER E. NAGEL City Secretary Mayor City of Nederland, Texas 1 ��jl Minutes Continued, March 27, 1984 Opened and read bids received for the construction of sanitary sewer and water mains in Christina Court. A motion was made by Mr. Lee and seconded by Mr. Sawyer to refer bids received ' for the construction of sanitary sewer and water mains in Christina Court to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve a Resolution assigning ballot numbers for absentee voting and for regular voting for the election to be held Saturday, April 7, 1984. All Voted Aye. RESOLUTION WHEREAS, Article 6.09 of Texas Election Laws has been amended so that official ballots are to be counted before delivery to the Election Judge and the number of each entered of record on the Minutes of the governing body; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That 295 ballots be delivered for use in absentee voting ranging from Serial Number 00006 through 00300, and 1,700 ballots for use in regular voting on election day ranging from Serial Number 00301 through 02000. PASSED by the City Council this 27 day of March, 1984. R. A. NUGENT R. A. Nugent, Mayor Protem City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, 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. Gillespie and seconded by Mr. Sawyer to table the Executive Session. All Voted Aye. I Minutes Continued, March 27, 1984 A motion was made by Mr. Lee and seconded by Mr. Sawyer to recommend awarding the bid for the construction of sanitary sewer and water mains in Christina Court to Eastwood Construction Company in the amount of $39,261.50. All Voted Aye. Discussion Items: 1. Mr. Sawyer asked about giving bags to people who have not received their container. 2. Call from citizens regarding containers. Meeting adjourned at 8:00 P.M. ATTEST: Chris Serres, eity Secretary City of Nederland, Texas 1 1 H. E. Nagel, Mayo City of Nederland, Texas .a ✓mot MAYOR PROTEM R. A. NUGENT: "ITEM Number three is receive a petition from Mr, Al. Tarver and other residents of Luling Street opposing the proposed access drive off of the 1100 block of Luling Street. Prior to getting into , the discussion of this item, we have had several factors called to our attention since this action was taken and preceding any open statements, which I will open it up to the public for comments in just a few minutes, I would like to have our City Attorney, Mr. Smokey Sanderson, stand and give us a summary of where we stand exactly on this particular item." MR. SMOKEY SANDERSON: "It is my recommendation to the Mayor Protem and Council that the Council rescind their prior action due to the fact that they went along with Planning and Zoning in allowing a street on lots that are zoned residential to be used as an accessory to commercial property. This just does not conform to our present ordinances, therefore, again, I advise you that t4is just does not conform and I recommend that you rescind that prior action and reject the recommendation of the Planning and Zoning Commission to allow a oadway across residential property to commericial property. The reason for thit being that it converts residential property to commercial property without $ rezoning." F COUNCILMAN TOM LEE: "I so move." COUNCILMAN E. T. GILLESPIE: "Second." MAYOR PROTEM NUGENT: "Any discussion? Mr. Tarver do you have any comments to this? MR. TARVER: "Well, since that it appears that the council is going to act in our favor and we have already given ya'll copies of our petition, we feel like ya'll will support us" (remainder of comment not clear). MAYOR PROTEM NUGENT: "Is there any comment from anyone else in the audience? If not we have a motion that we - -Oh, I beg your pardon, yes sir?" MR. BILL WATKINS: "To the Councilmen and Mr. McDaniel, my name is Bill Watkins and I am one of the proposed owners of the property that we are discussing right now. I just would like to point out that we are not converting the zoning of a residential lot to commercial property. There would be duplexes built on those lots as the zoning requires. One of the big reasons for having that access is for in case of a fire in the apartment project that we are going to build. If there was a fire, it would be necessary and very advantageous to have this access. There is only about five or six hundred feet of Luling that the people, what few did use it, except for a fire, would be using to get to 347. I would like to ask the Council to at least consider this and perhaps make a further study or m�ybe the citizens would like to satisfy them- selves because we are not going to be bad neighbors to start with and I think this is necessary to our project and mainly it is necessary to the safety of the people who will be inhabiting (sic) the apartments." MAYOR PROTEM NUGENT: "But, Mr. Watkins, the street would be opened to the complex in the rear of this area wouldn't it ?" Mr. WATKINS: "Yes, it would be opened to those people in the rear of that complex." 'MAYS PROTEM NUGENT: "To they could proceed throe,!': ' MR. WATKINS: "Yes." MAYOR PROTEM NUGENT: "Thi> the way we handled it, this dc:s ch• Open �A to a s? reet. Even th, � h yu sorts, you are still opening i i_ thu the public it c`anges the class vatic MR. WATKINS: "Yes sir, I understand his it ii a private access." J fj� :ould have egress through there -- ney was telling us,'fhat, legally, itent of that.property when you :1 intention was for a driveway of of the public. By opening it to at piece of property." )at it's not a public access - MAYOR PROTEM NUGENT: "But, t' 'ic st :a go through there when they deem necessary." MR. WATKINS: "If the pub'. ace why the public would evc: PROTE` R MIGENT: "N - vuld be god 'to put up barA,��;3e3 d IM- : 'I would s:: y, I am ; mb�_the public can qc- _cross pr MR. SANDERSON:. 'Exclaw ne. May MA-,,')R PROTEM NUGENT: "Sure." but I have -- I don't know > go through there." ;h, wouldn't it? You are not c I think there are other places ,y to get to commercial property." g ?" irl- .S= �N& "It's really not it it will be opened to the public. 2t in :vy opinio",that you could ne residential lot to use as a street. lays just my to pick zip trash oi: rb­ at the apartment. It is using this residential-lot as commercial property." MA2M.VfiKZ30L '_ - Doesn't the ordin, ce also state that if it is residential property for a home, tiwit you can not ma' p. a public street out of it ?" MR.' SAfiDERSON: "I am mot familiar q at. I have not briefed that out. 8b?:: now, we are not adejcessing tho 'iat you could on each lot build a duplex apartment in conForming wilt, tinance. It is just that you can not, in my opinion, use that in ,ction with the commercial property." Ml_ WATKINS. "Well, I am not learned enough to know what other situations are in the city. Is it possible that if safety was to be considered, that you could rezone that twenty foot wide strip for that purpose? Are you saying it would take a rezoning ?" MR. SANDERSON: "Yes.sir." MR. WATIUNS: "In other words, the quo,tion it's that improper action or illegal action has been taken by th ncil to allow us to use this for access to the project because that td be making it commercial property -- thr,�: access ?" Mil. SAIMMSON: "Yes Sir.* :iCjf'1 nt not clear). subject to the rules it? We are not want- ie Planning and Zoning }-at. The reason for t clear). We do not have -- the lid this, any one of t, took us to court, them to resend what as It is not because the d." dV1 Ike to say that whether or iraffic on Luling Street , king lots (section of 347 so that the access ` ter to get out of there. that is also as that, there would not 'rom that lot unless they to town or go back to Then, they would simply on this would not create would anyway. And it is protection and the access ` X. And it is really not u do it. "_ if you told the Councilf ;oth ends with a iron gate, ley did because we just have difference about the traffic. not my job. It's just not tial property or do you rezone MR. SANDERSON: "I'm not sure about building streets on residential property. The City could but I am just not sure about us, the City, having to rezone. For instance, if we went in and condemned a piece of property, I don't believe that we would have to rezone it, but, we would have to go in and condemn it for City purposes." MR. CASEY: "In other words, it would have to be dedicated to the City ?" MR. SANDERSON: "It would take more than that. The City had a need for it, dedicated to the City, City accept it." MR. CASEY: "Well, the reason for doing this originally and the reason we came here tonight, before we went any further with the project was because this was a necessary part of the project and in our minds the project hinged on whether or not we got this access and so we did come to the Planning and to the Council and they both passed it allowing us to go ahead and get our financing, which we have done, we've spent a lot of money on this project. We got financing arranged, we are ready to build it and it should be a boom to the City, not a hindrance. That is not our intentions, I would (section of comment not clear) and I think there should be some way that we could do this and I understand the people's concern that live there but at the same time what I am saying, it is true, that it would not (section of comment not clear) anymore than building them there in the first place. (Section of comment not clear) and they are not going to be hurt by that access." MR. SAWYER: "At this time the decision and the neighbors there have nothing ' to do with this. The fact is that we got to resend something we did inadver- tently that wasn't covered by ordinance." MR. SANDERSON. "That's right." MR. CASEY: "I can understand your position. Is there any chance that we can go another route into it ?" MR. SANDERSON: "Are you addressing that to me, Mr. Casey?" MR. CASEY: "Yes." MR. SANDERSON: "O:K, the only way would be a rezoning." MR. CASEY: "Would you venture the odds of getting that done ?" MR. SANDERSON: "No sir, that's not my department." MAYOR PROTEM NUGENT: "Thank you, Mr. Casey. Anyone else? If not, we have a motion and a second that we do resend and reject the action taken previously by the Council in reference to the access drive off of Luling. Please Vote. All Voted Aye. 1 1 t