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1984-19871 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. April 10, 1984 The meeting was called to order by Mayor Homer 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 due to a Civil Defense meeting. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the minutes of the meeting of March 27, 1984. All Voted Aye. Mrs. Luetta, Powell, Election Judge, present the votes from the April 7, 1984 general election. 285 votes were cast from Mayor Homer E. Nagel and Mr. R. A. Nugent and Mr. T. E. Lee both received 275 votes each. One vote was cast for Mr. ChELim Saadon as a write -in candidate. Total votes cast were 293. Total expenses incurred were $295.00. Mr. J. B. McKinney, City Treasurer, swore in Mayor Homer E. Nagel and Council- man Ward I :: Tom E. Lee, Jr. Mr. Nugent will be sworn in at the next Council meeting. A motion wets made by Mayor Nagel and seconded by Mr. Gillespie to approve the canvassing of votes as presented by Mrs. Luetta Powell, Election Judge. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize payment of election oEficials in the amount of $295.00 in accordance with State Statutes, Article 3.08, Election Code. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize a Proclamation for the Oddfellow and Rebekah Lodge. 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 Saturday, April 14, 1984 As "SOUTHEAST TEXAS I.O.O.F. AND REBEKAH ASSOCIATION DAY" in the City of Nederland, Texas, and urge each and every Citizen of our City to recognize and support the many civic donations and work that the Oddfellow and Rebekah Association do for the various organizations in this area and surrounding areas, as well. 2 Minutes Continued, April 10, 1984 2 in testimony whereof, witness my hand and Seal of the City of Nederland this the 10 day of April, 1984, A.D. HOMER E. NAGEL ATTEST: Mayor City of Nederland, Texas CHRIS SERRES City Secretary A motion was made by Mr. Sawyer and seconded by Mr. Lee to table taking any action on Planning and Zoning Commission items due to a quorum not being present at the Planning and Zoning Commission meeting of April 9, 1984. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to table comments from Mr. William Jenkins, Local 385, regarding Mr. Robert Garcia, a former employee of the City of Nederland, due to Mr. Garcia not being able to attend the meeting. All Voted Aye. A motion was made by Mr. Lee and seconded by Mayor Nagel to table to receipt of bids for sewer plant rehabilitation and outside city line work until the next regular Council meeting to give contractors more time to submit their bids. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to aithorize advertisement of bids to be received April 24, 1984 for 250,000 plastic garbage bags. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to approve amending Ordinance No. 164, setting regular dates for Council Meeting to be held from May 8, 1984 until April 9, 1985. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 24, 1984 THROUGH APRIL 9, 1985. 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 8 June 12 July 10 August 14 September 11 October 9 November 13 December 11 January 8 February 12 March 12 April 9 1 Minutes Continued, April 10, 1984 3 the remainc.er of the meetings shall begin at 6:30 P.M. on the following dates: April 24 May 22 June 26 July 24 August 28 September 25 Ocotber 23 November 27 December 18 January 22 February 26 March 26 Any and all ordinance 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 10 day of April, 1984. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas IATTEST: CHRIS SERR]ES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Estimate No. 2 in the amount of $116,408.23 to Excavators and Constructors, Job No. 3A88P, Avenue H paving project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize Jefferson County Mosquito Control District to fly at low levels as necessary to apply in- secticides for the control of mosquitoes within the City Limits of the City of Nederland. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to approve payment of bills for the month of March. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to table the Executive Session. All Voted Aye. Discussion Items: 1. Mr. Gillespie asked about the delivery of the garbage containers. 2. Asphalt on corner of Boston and 10th Street needs repairing due to slip - lining project. 3. Mayor Nagel discussed the condition of the furniture in the lobby and the absence of chairs in the Council Room. Minutes Continued, April 10, 1984 4 4. Council declined invitation to participate in are program sponsored by Southeast Texas Art Council. The meeting adjourned at 3:40 p.m. Homer E. Nagel, May r City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas iL 1 1 5 6:30 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 24, 1984 The meeting was called to order by Mayor Homer 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 previous meeting of April 10, 1984. All Voted Aye. Mr. J. B. McKinney, City Treasurer, swore in Mr. R. A. Nugent, Councilman Ward IV. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer bids for expansion and rehabilitation of sewer plant and outside city line work to the City Manager and staff for study and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to award the bid for 250,000 plastic garbage bags to Bemis Company. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to accept the Planning and Zoning Commission's recommendation to approve the replat of part of Lot 5, Block 15, Range E, Palco and the preliminary plat of a tract located along South 6th Street between Nederland Avenue and Avenue D. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to approve a resolution supporting increased State highway funding, passage of the pothole bill and increased highway user charges. All Voted Aye. A RESOLUTION SUPPORTING INCREASED STATE HIGHWAY FUNDING, PASSAGE OF THE POTHOLE BILL AND INCREASED HIGHWAY USER CHARGES WHEREAS, authoritative surveys reveal that: (1) Texas leads the nation in the number of deficient bridges (172,000) and deteriorated state roadways (7,740 miles). (2) The state's $.05 per gallon motor fuel tax is the lowest in the nation, and has not been increased in 27 years. More- over, in 1965, 27% of the state budget went for transporta- tion, while in 1982 only about 10% of the state budget was spent for transportation - related purposes. (3) Each Texas motorist pays a "bad roads" tax averaging $291 per year for wasted gasoline, tire wear, car repairs, insurance and medical bills. (4) Additional transportation spending of $51 billion will be needed C Minutes Continued, April 24, 1984 6 over the next 20 years to overcome the current backlog of needs -- including $6.2 million for road and bridge rehabilitation, $30.3 billion for reconstruction, $6.7 billion for new roads and $7.7 billion for maintenance; and WHEREAS, the stat's transportation funding problems are reflected at the local level as follows: (1) The current backlog of City street repair needs exceeds $1 billion. Texas cities are spending an estimated $193 million per year on street repairs - -more than ever before. But they are still falling further behind each year, because the street repair backlog is growing at rates that exceed local spending increases. The cities must have state financial assistance in order to bring their streets and bridges up to standard. (2) Upwards of 20 percent of all municipal streets - -more than 13,000 miles - -are currently in need of major repair. (3) The deterioration of city streets and bridges will accelerate in the future. The 10 million motor vehicles already in the state are wearing out local roads and bridges faster than they can be repaired; twenty years from now, the cities will have 16 million vehicles to contend with - -more than half again today's volume; and WHEREAS, the Texas Municipal League supports the state funding and tax increases necessary to bring our state -local roads and bridges up to par; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, I TEXAS: That the Texas Legislature is urged to enact a state -local road and bridge financing package composed of the following: (1) An increase of $1 billion per year in funding for the State Depart- ment of Highways and Public Transportation. (2) $100 million per year for the City Street Improvement Fund (the "Pothole Bill ") proposed, but not approved, during the 1983 Legislative Session. (3) Doubling the rate of the state motor fuel tax to $.10 per gallong and increasing motor vehicle license fees as necessary to generate adequate funding. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, this the 24 day of April, 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas Minutes Continued, April 24, 1984 7 r7 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve a resolution supporting the introduction of emergency remedial legislation covering corporate mergers to insure retiree benefits will be guaranteed as they are now. All Voted Aye. A RESOLUTION WHEREAS, the Gulf Oil Retirees Committee has requested that Congressman Jack Brooks introduce emergency remedial legislation covering corporate mergers in summary filings before the Securities Exchange Commission to insure that retiree benefits would be guaranteed as they are now; and WHEREAS, this legislation would cover all corporate mergers including Gulf Oil /SOCAL'S merger by guaranteeing pensions, all insurance including medical insurance, and all other supplementary benefits; and WHEREAS, the City Council of Nederland, Texas supports this type of legislation and wishes to go on record as being in suuport of same; NOW, THEREFORE, BE IT RESOLVED BY THE City Council of Nederland, Texas, that this governing body does hereby go on record as being in support of emergency remedial legislation Governing corporate mergers, including the Gulf Oil /SOCAL merger, in summary filings before the pensions, insurance, including medical insurange, and all other supplentary benefits - -be guaranteed as they are now; and BE IT FURTHER RESOLVED that a copy of this Resolution be furnished Congressman Jack Brooks, Congressman Claude Pepper, Congressman Charles Wilson, Senator Lloyd Bentsen, Senator John Tower and Governor Mark Wite as evidence of the Council's support. PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND TEXAS, this the 24 day of April, A.D., 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Nagel to approve the Fire Department's 1983 Annual Report. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table the Executive Session. All Voted Aye. Minutes Continued, April 24, 1984 8 R Discussion Items: 1. Street Program 2. Electric water pump being given away by the Airport. The meeting adjourned at 8:20 p.m. Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: �� Ju-/Lt�- Chris Serr , City Secretary City of Nederland, Texas I I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. May 8, 1984 The meeting was called to order by Mayor Homer 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 April 24, 1984. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve a proclamation designating the month of May as "Better Speech and Hearing 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 The Month of May As "BETTER SPEECH AND HEARING MONTH" in the City of Nederland, Texas, and urge each and every Citizen of our City to recognize and support the Southeast Texas Speech and Hearing Association in their endeavors to improve speech and hearing. In testimony whereof, witness my hand and Seal of the City of Nederland this the 8 day of May, 1984, A.D. HOMER E. NAGEL Mayor City of Nederland, Texas ATTEST: CHRIS SERRES City Secretary A motion was made by Mr. Nagel and seconded by Mr. Lee to approve a proclamation designating May 13 -20, 1984 as "Texas Nursing Home Week." All Voted Aye. PROCLAMATION WHEREAS, many of our pioneer citizens reside in licensed nursing homes in order to receive the car they need, and WHEREAS, our community is fortunate in having excellent facilities licensed for delivery of long -term health care, and 10 Minutes Continued, May 8, 1984 WHEREAS, the lives of these fine citizens are enriched by the quality of care they receive as residents of those facilities, and WHEREAS, these residents, while receiving the totla round -the -clock care they need are necessarily limited in their range of movement, are nonetheless fully deserving of our recognition and appreciation of them as citizens of our community, and, WHEREAS, the Texas Health Care Association and its member facilities are observing the period of Sunday, May 13, through Sunday, May 20, as "NURSING HOME WEEK ", and WHEREAS, Willie Nelson, whose own mother received fine care in a Texas nursino, home, in his role as Celebrity Host for Nursing Home Week is urging Texans everywhere to "Visit a Nursing Home." THEREFORE, I, Homer E. Nagel, as Mayor of the City of Nederland, Texas do hereby designate the week beginning May 13, 1984 as "TEXAS NURSING HOME WEEK" and add my invitation to all of our citizens to go to a nursing home and visit with the residents, the staffs, inspect the facilities, and acquaint themselves with special care and attention being administered in licensed nursing homes today. IN OFFICIAL RECOGNITION WHEREOF, I affix my signature this the 8 day of May 1984. HOMER E. NAGEL, MAYOR Homer E. Nagel, Mayor City of Nederland, Texas CHRIS SERRES ' Chris Serres, City Secretary City of Nederland, Texas A Public Hearing was called to order at 3:10 P.M. concerning rates to be charged by Gulf States Utilities Company. City Attorney, W. E. Sanderson, gave an explanation of the request by Gulf States Utilities Company. There were no questions from the public, so the Public Hearing adjourned at 3:15 P.M. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Gulf States Utilities Co. Rate Ordinance #366. All Voted Aye. ORDINANCE 366 AN ORDINANCE FIXING JUST AND REASONABLE RATES OF GULF STATES UTILITIES COMPANY FOR ELECTRICAL UTILITY SERVICES WITHIN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS WHEREAS, on the 6th day of January, 1984, Gulf States Utilities Company filed a Statement of Intent to increase its rates for electrical services provided to its customers within the City of Nederland, Jefferson County, Texas to become effective on February 10, 1984; and WHEREUPON, the City Council suspended such proposed rates for a period of 90 days from February 10, 1984, and ordered a public hearing to determine the just- ness and reasonableness of such proposed rates; and WHEREAS, after due notice, a public hearing was held on the 8th day of Minutes Continued, May 8, 1984 as May, 1984, at the City Hall of the City of Nederland before the City Council on such question and the City Council of the City of Nederland has determined that no rate increase should be allowed because Gulf States Utilities Company has not proved that such proposed rates are just and reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS That the rates heretofore fixed by Ordinance No. 356 dated September of 1982, shall remain and be in force and effect for electrical utility services furnished within the corporate limits of the City of Nederland, Jefferson County, Texas. This Ordinance constitutes a final rate determination by the City Council upon the aforesaid application of Gulf States Utilities Company and the rates hereby fixed and established shall be those under which Gulf States Utilities Company shall be authorized to render electrical utilities services to its customers in the city. This Ordinance shall be in effect from and after its passage. HOMER NAGEL Homer Nagel, Mayor CHRIS SERRES Chris Serres, Secretary City of Nederland Received comments from Mr. Charles Hembree, Liberty Cable Television, concerning a rate increase request for that company. A motion was made by Mr. Lee and seconded by Mr. Nugent to call a Public Hearing concerning the rate increase request from Liberty Cable Television for May 22, 1984 at 6:30 P.M. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize advertise- ment for bids to be received June 26, 1984 for additions and repairs to the Service Center. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement for bids to be received June 26, 1984 for petroleum Products to be purchased through the Mid County Municipal League. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Ordinance 107 to provide for a negligent collision section. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations Minutes Continued, May 8, 1984 1 and required stop signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - NEGLIGENT COLLISION A. If any person while driving or operating any vehicle within the corporate limits of the City of Nederland shall willfully or with negligence, cause, suffer or permit the same to come into collision with any other vehicle, animal, person, or property in or on any street or highway, such person shall be deemed guilty of a misdemeanor. B. Proof of no intent to injure shall not be deemed a defense to a charge of violating this section. 12 C. The term "negligence ", as used in subsection (a) of this section, is defined to mean the want of care, attention, and caution as a person of ordinary prudence would use under the same or similar circumstances, and shall include but not be limited to the followina: 1. Failure to maintain a proper lookout; 2. Failure to apply brakes; 3. Failure to maneuver right or left to avoid colliding with a fixed or stationary object. D. In any prosecution charging a violation of this section, proof ' that the driver or operator of a vehicle collided with the rear of another vehicle proceeding in the same direction or with a fixed or stationary object shall constitute in evidence a prima facie presumption that such driver was negligent in the operation of such vehicle; provided, however, that such presumption may be rebutted by the person charged with violating this section with evidence to the contrary; and provided further that the presumption established herein shall have the evidentiary consequences enumerated in Chapter 2 of the Texas Penal Code. (Code 1958, section 37 -25) 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 VOO.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 May, A.D., 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas Minutes Continued, May 8, 1984 13 13 A motion was made by Mr. Lee and seconded by Mr. Nugent to table amendment to Ordinance No. 107 removing stops signs at South 17th Street @ Avenue K and South 23rd Street @ Avenue K. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment of Estimate #3 in the amount of $129,573.20 to Excavators and Constructors, Job No. 3A88p, Avenue H paving project. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve renewing the agreement between Hillcrest Baptist Church, Nederland American Little League, and the City of Nederland. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the Emergency Management Coordinator to attend an Emergency Management Seminar in San Antonio, June 6 -8, 1984. 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. Speeding on 27th Street from Nederland Avenue to Hwy. 365. 2. Failure to stop at stop sign on Verna @ 31st Street. 3. Frank L. Beier Radio Service never received garbage container. 4. Council opposed contributing to the Dick Brown Scholarship fund. The meeting adjourned at 5:20 P.M. ATTEST: Chris Serre , City Secretary City of Nederland, Texas D � � 4-� - Homer E. Nagel, Mayo , � City of Nederland, Texas 14 14 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 22, 1984 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. Tom E. Lee, Jr. and Mr. Robert D. Sawyer. A Public Hearing was called to order at 6:35 P.M. to discuss the proposed rate increase by Liberty Cable T.V. The City Manager explained the proposed rate increase and asked for any comments. There being no comments from the public the Public Hearing adjourned at 6:40 P.M. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve Ordinance 368 increasing rates to be charged by Liberty Cable Television contingent upon all other remaining cities in service area approving the rate increase. All Voted Aye. ORDINANCE 368 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, PRESCRIBING RATES AND CHARGES FOR CABLE TELEVISION SERVICES BY LIBERTY TV CABLE, INC., FIXING THE EFFECTIVE DATE OF THE RATE IN- CREASE PRESCRIBED IN THIS ORDINANCE AND REPEALING ALL ORDI- NANCES 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 furnishing cable television service in the City of Nederland area; and, WHEREAS, the City Council having heard and fully considered the evidence adduced at such hearing, 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: Sactinn 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 juris- diction to become effective July 1, 1984, upon passage of this ordinance. 1 Minuted Continued, May 22, 1984 15 C 01 EFFECTIVE JULY 1, 1984 TYPE SERVICE ACTIVATION CHARGE RESIDENTIAL (Single Family Only) First Outlet $35.00 Each Additional Outlet 20.00* Reconnection Charge 30.00 Transfer 30.00 Relocation of Outlets 20.00 APARTMENT BUILDINGS AND CONDOMINIUMS MONTHLY SERVICE CHARGE $11.00 3.00 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 (Activation charge is $10.00 Each Additional Outlet time & material * *) 5.00 COMMERCIAL (Shops, Banks, Office Buildings, Stores, etc.) First Outlet (Activation charge is $10.00 Each Additional Outlet time & material * *) 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 Section 2 Liberty TV Cable, Inc., is hereby authorized to place in effect an additional $1.00 increase for all primary subscribers after duly notifying the City Manager in writing that standby power is in place and operating and all subscribers have been given ample time to receive their channel selector. C -4 -- Z All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland by a unanimous vot of all the members of said Council present 1 Minutes Continued, May 22, 1984 and voting, this 22 day of May, 1984. 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: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas Received comments from Mr. Dave Coco outlining the schedule for the Summer Recreation Program. 16 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept the Planning and Zoning Commission's recommendation to approve the preliminary plat of McGuire Estates (outside city limits) in accordance with Ordinance 223 and to approve Helena Townhomes to be located in the 3500 block of Helena Avenue. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve entering into a contract with Mr. Dexter D. Joyner for collection of delinquent taxes. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve Ordinance #367 providing that delinquent taxes will incur an additional penalty not to exceed 15 percent of the amount of taxes, penalty and interest due. All Voted Aye. ORDINANCE 367 By the City Council of the CITY OF NEDERLAND of Jefferson County, Texas imposing an additional penalty to defray costs of collection of delinquent taxes. Whereas, the 1981 Texas Legislature in Special Session passed, and the Governor of Texas signed into law, Houston Bill 30, more commonly known as revision to the Texas Property Tax Code; and Whereas, Section 33.07 of siad revision of the Texas Property Tax Code provides that taxes that remain delinquent on July 1st of the year they be- come delinquent may incur an additional penalty, not to exceed 15% of the amount of taxes, penalty and interest due; and Whereas, the City Council fo the CITY OF NEDERLAND, TEXAS, to avail the City of the provisions of Section 33.07 of the Amended Property Tax Code, as enacted by the State of Texas, being entitled to the provisions of said amended code, and to further defray the costs of collection of its Minuted Continued, May 22, 1984 17— r7 delinquent taxes hereby ordain as follows: BE IT ORDAINED by the City Council of the CITY OF NEDERLAND, of Jefferson County, Texas: That the CITY OF NEDERLAND, TEXAS, hereby avails itself of the provisions of Section 33.07 of the Property Tax Code as enacted by the State of Texas. PASSED AND APPROVED on this the 22 day of May, 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ris �&_err s, City ecretary City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve amending Ordinance No. 107 providing for no parking signs on Avenue F east of 23rd Street. ' 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 regu- lations 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 on the South side of Avenue F for 160 feet east of 23rd Street. Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a mis- demeanor, 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. 1 P, Minutes Continued, May 22, 1984 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 May, A.D., 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. Lee and seconded by Mr. Gillespie to authorize the 1984 driveway program. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize amending the City of Nederland's Risk Management program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the Mayor Council and City Manager to attend the Mayor and Councilmember Institute, June 1 -3, in Corpus Christi, Texas. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to reject all bids for sanitary sewer line construction outside the City limits. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award bid for the rehabilitation of the wastewater treatment plant to Greer Construction Company of Houston. 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. Bush creating blind corner at 25th Street and Avenue H. 2. Tree limbs interfering with service line at 1144 Kent Avenue. 3. Repair payment on Nederland Avenue. _ 4. Various campaign signs around Nederland need to be removed. 5. Street curbs along Kent Avenue need to be repaired. Minutes Continued, May 22, 1984 6. Dilapidated house in the 2600 block of Avneue B. 7. Dilapidated garage on South 14th Street @ Avenue C. 8. City of Port Arthur has installed turn signal at 27th Street @ Hwy. 365. 9. Public Hearing to be held May 29 concerning Texas Community Development Program. The meeting adjourned at 8:10 p.m. ATTEST: �JAt�1� Chris Serre , City Secretary City of Nederland, Texas u 1 H mer E. Nagel, Mayor City of Nederland, Texas 19 19 20 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. June 12, 1984 The meeting was called to order by Mayor Homer 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 May 22, 1984. All Voted Aye. Received comments from Mr. Joe Sudela, with the Knights of Columbus, regarding on premises alcohol consumption policy. Mr. Sudela was informed as to the policy and was told he could apply for an on- premise license in November. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a resolution declaring the month of June as "Hire A Veteran Month." All Voted Aye. RESOLUTION WHEREAS, President Ronald Reagan has proclaimed June, 1984, as "Hire A Veteran Month "; and, WHEREAS, June 27th is the 49th Anniversary of the Veterans Preference Act , signed by President Franklin D. Roosevelt on June 27, 1944; and, WHEREAS, many war veterans have obtained employment with federal, state or city governments and in the private sector as the result of federal, state or city Veterans Preference Acts and veteran hiring policies; and, WHEREAS, the unemployment rate of veterans, especially disabled veterans, is somewhat higher than the non - veterans unemployment rate; and, WHEREAS, Congress enacted the Emergency Veterans' Job Training Act of 1983 that provides eligible employers can be reimbursed 50 percent of the starting wages paid to the eligible Korean and Vietnam veterans if employers provide on the job training for such veterans; and, WHEREAS, employers as well as all citizens of the Great State of Texas appreciate the sacrifices made by veterans; and, NOW, THEREFORE, I, Horner E. Nagel, Mayor of the City of Nederland, Texas, do hereby proclaim June, 1984, as: "HIRE A VETERAN MONTH" and urge all employers to list their job openings or participate in the Emergency Minutes Continued, June 12, 1984 21 r 1. Veterans' Job Training Act of 1983 by calling the local Texas Employment Commission office and "HIRE A VETERAN ". S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris erres, City Secretary City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Lee to approve a Resolution supporting the efforts of People Acting to Tackle Chemical Habits (P.A.T.C.H.). All Voted Aye. RESOLUTION WHEREAS, parents, professionals and non - professionals are uniting in cities across the United States in groups such as People Acting to Tackel Chemical Habits (P.A.T.C.H.) to increase public awareness and to fight teenage abuse of and dependency on alcohol and drugs; and ' WHEREAS, ignoring the chemical epidemic among shcool -age children strengthens the community's wall of denial and provides an atmosphere in which abuse of chemicals festers; and WHEREAS, P.A.T.C.H. is a Nederland -based group of concerned citizens working to educate adults and children to the dangers of alcohol and drug abuse; and WHEREAS, P.A.T.C.H. seeks cooperation with all city, state and federal agencies, as well as with local civic, social and religious organizations to sponsor seminars, workshops and other activities to not only increase public awareness, but to create drug -free activities as alternatives for youth; and WHEREAS, P.A.T.C.H. encourages and supports the efforts of all law- making and law- enforcing bodies to arrest, prosecute and imprison persons dealing in illegal substances; and WHEREAS, P.A.T.C.H. believes all persons dependent on or addicted to any chemical substances deserves medical treatment without fear of prosecution, as such protection is guaranteed under federal law; and WHEREAS, the City Council of the City of Nederland wishes to express its support of P.A.T.C.H.: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: n Minutes Continued, June 12, 1984 22 h+ That the City Council does hereby wish to support and participate in the efforts of P.A.T.C.H. to effectively fight chemical abuse among young people; and BE IT FURTHER RESOLVED that a copy of this resolution be furnished the Board of Directors of P.A.T.C.H. as evidence of the City Council's support and participa- tion in this program. PASSED by the City Council this 12 day of June, 1984. 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. Gillespie to approve a Resolution supporting the City of Nederland's involvement in the Texas Community Development Program; and, authorizing the submissions of an application for funds . under the Community Development Project. All Voted Aye. RESOLUTION WHEREAS, the City of Nederland has identified a need related to storm water ' drainage, and; WHEREAS, a storm sewer project in Midway Addition will assist in meeting such need, and; WHEREAS, the Texas Department of Community Affiars administers the Texas Community Development Program to assist community - evelopment activities in the State of Texas. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the City of Nederland apply 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 understandings and assurance contained in said application. 2. That the City of Nederland supports the proposed activity described above. 3. That the Nederland City Council direct and designate H. E. McDaniel, City Manager, as Chief Executive Officer and Authorized Representa- tive to act in alll matters in connection with this Application and the City of Nederland. 4. The Applicant hereby officially certifies to the following: a. The City of Nederland will minimize desplacement as a result of activities funded under the Texas Community Development Program. 1 1 Minutes Continued, June 12, 1984 b. The local program will be carried out in accordance with Title VI and Title VII of the Civil Rights Act. c. The City of Nederland will affirmatively further Fai.r Housing. d. The City of Nederland will have a Citizen Participation process. e. The City of Nederland will not recover the capital costs of public improvements funded in whole or in part with TCDP dollars by assessing properties owned and occupied by low and moderate income persons. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 23 CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 4 in the amount of $142,041.69 to Excavators and Constructors, Job No. 3A88P, Avenue H paving job. 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 $1,288.00 to Excavators and Constructors, Job No. 3A88P, Avenue H. paving job. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 1 in the amount of $13,442.44 to Excavators and Constructors, Job No. 3A89P, 17th Street paving job. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of Change Order No. 1 in the amount of $2,700.00 to Excavators and Constructors, Job No. 3A89P, 17th Street paving job. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve payment of Estimate No. 1 and Final to Eastwood Construction in the amount of $39,409.42, Christina Court Section I, sanitary sewer and water system; and to authorize payback to developer in the amount of $39,645.87, as per Ordinance No. 121. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the City Manager to attend T.C.M.A. meeting June 15 -19, in Fort Worth, Texas. All Voted Aye. A motion was made by Mr. Sawyer and seconed by Mr. Nagel 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. Nugent to table Executive Session relating to legal and personnel matters. All Voted Aye. 4' Minutes Continued, June 12, 1984 Discussion Items: 1. Smaller garbage containers will be available for those citizens who have requested them. 2. Mr. Furth, 14th Street @ Avenue A, drainage problems. The meeting adjourned at 3:40 P.M. ATTEST: Nmx/.1i 41a� Chris Serre , City Secretary City of Nederland, Texas 24 HomeagN el, MayorlZ v �- City of Nederland, Texas 1 1 U 25 f.. MINUTES OF THE COMMUNITY DEVELOPMENT PROGRAM PUBLIC HEARING 4:30 P.M. June 12, 1984 The public hearing was called to order at 4:30 p.m. at the corner of South 10th Street and Avenue E by Mayor Homer E. Nagel. The following citizens were present: Will Larrain P. 0. Box 578, Ned., TX 77627 Chris Serres P. 0. Box 967, Ned., TX 77627 D. E. Sosa P. 0. Box 967, Ned., TX 77627 Howard McDaniel P. 0. Box 2132, Ned., TX 77627 Thomas Barton 908 Avenue E, Ned., TX 77627 Esta Barton 908 Avenue E, Ned., TX 77627 Sherri DeCuir 615 South 10th Street, Ned., TX 77627 Kirk J. DeCuir 615 South 10th Street, Ned., TX 77627 John Bernard, Sr. P. 0. Box 967, Ned., TX 77627 Robert D. Sawyer 519 10th Street, Ned., TX 77627 Haden L. Jones 924 Avenue E, Ned., TX 77627 Thomas Butler 1032 Avenue E, Ned., TX 77627 Howard Gribnau 1022 Avenue E, Ned., TX 77627 Claudine Kennedy 1040 Avenue E, Ned., TX 77627 Jack M. Kennedy 1040 Avenue E, Ned., TX 77627 Imogene Butler 1032 Avenue E, Ned., TX 77627 Mr. & Mrs. Charles Kemp 620 South 11th Street, Ned., TX 77627 Mr. & Mrs. Leroy Spears 703 South 11th Street, Ned., TX 77627 Mr. & Mrs. Emil Oleksy 803 South 11th Street, Ned., TX 77627 Michael A. Mars 619 South 10 %2 Street, Ned., TX 77627 Mr. & Mrs. Harold Whitney 622 South 10 %2 Street, Ned., TX 77627 Elizabeth Leach 623 South 10 %2 Street, Ned., TX 77627 Max J. Miers 708 South 10th Street, Ned., TX 77627 Bobbie Oleksy 803 South 11th Street, Ned., TX 77627 Patsy La Fleur 612 South 10th Street, Ned., TX 77627 Barbara J. Mendoza 604 South 10th Street, Ned., TX 77627 Betty Alverson 603 South 10th Street, Ned., TX 77627 Joe T. Brown 607 South 9th Street, Ned., TX 77627 Margaret K. Crocker 607 South 11th Street, Ned., TX 77627 Margaret Metcalf 1028 Avenue E, Ned., TX 77627 Bobby Mendoza 604 South 10th Street, Ned., TX 77627 Mayor Nagel turned the hearing over to City Manager, Howard McDaniel. Mr. McDaniel gave a brief explanation of the Community Development Grant Program and made the citizens award of the chain of events leading up to this public hearing. There being no questions, Mr. McDaniel turned the hearing over to Will Larrain, Consulting Engineer, C.R.H. Associates. Mr. Larrain discussed the project in depth revealing what would be done to help alleviate storm water flooding in the project area. 1�1 6 Public Hearing Cont., June 12, 1984 26 Mr. Larrain asked for questions and comments from the citizens in attendance. Questions and comments from citizens ranged from personal experience of house flooding to when and how long the application would take to be reviewed. All I together, the citizens, engineer, mayor and city manager discussed aspects of the flooding problem and remedies for some 30 to 40 minutes. There being no further questions, the hearing was adjourned at 5:20 P.M. o eage Mayor ATTEST Chris Se es, City Secretary City of Nederland, Texas 1 1 21 1G ra REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. June 26, 1984 The meeting was called to order by Mayor Homer 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 June 12, 1984. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a Proclamation declaring June 26 -30 Nederland Westernaire 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 June 26 -30, 1984 ' As "NEDERLAND WESTERNAIRES' WEEK" in the City of Nederland, Texas, and urge each and every Citizen of our City to recognized and congratulate this fine group of young ladies for their outstanding award of "1984 Drill Team Grand Champs" and commend Beverly Minaldi for her leadership and direction. In testimony whereof, witness my hand and Seal of the City of Nederland this the 26th day of June, 1984, 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. Sawyer to appoint City Officials in accordance with the City Charter from July 1, 1984 to June 30, 1985 as follows: Mrs. Chris Serres, City Secretary /Tax Assessor-Collector- J. B. McKinnehy, City Treasurer; Billy Neal, Polic Chief; Mike Lovelady> Fire Ne f /Fire Mars al; z� 2 Minutes Continued, June 26, 1984 Melvin Franks, City Judge; and W. E. Sanderson, City Attorney; and to appoint Civil Defense Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Emergency Management Coordinator, and Billy Neal, Assistant Coordinator. . All Voted Aye. Opened and read bids for additions and repairs to service center. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to refer bids received for additions and repairs to the service center to the City Manager and staff for tabulation and recommendation. All Voted Aye. Opened and read bids received for petroleum products to be purchased through the Mid - County Municipal League. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer bids received for petroleum products to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award bid in the amount of $31,500 for used garbage trucks to Diversified Investments and to award bid in the amount of $9,663 for garbage containers to Basic Waste. All Voted Aye. Received comments from city employees. Bobby Miller requested that the City give 5 weeks vacation after 15 years service and 6 weeks vacation after 20 years service. No other request were made. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve appointments ' to the Planning and Zoning Commission for 2 year terms each as follows: Mr. Melvin Moss, Mr. Bill Quick, Mr. R. J. Lawrence, Mr. C. 0. Williams, and Mr. R. J. Williford; and to approve appointments to the Zoning Board of Appeals for 4 year terms each as follows: Mr. Dallas Broussard, Mr. Paul Smith, Mr. Steve Robinson, and Mrs. JoAnn Edwards. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize advertisement of bids to be received July 24, 1984 for a new motor control panel for the water plant. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authroize the advertisement for bids for the Nederland Avenue drainage project between 31st and 37th Streets. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee authorizing advertisement for bids for the construction of 21st Street from Detroit Avenue to Helena Avenue and Detroit Avenue from 17th Street to 21st Street. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertisement for bids for the rehabilitation of various sanitary sewer lines with the City. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve amending Ordinance 164 to allow the Council meeting of August 14 to be held at 6:30 p.m. for the purpose of considering the 1984 -85 revenue sharing and general city's budgets. All Voted Aye. Minutes Continued, June 26, 1984 cy AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 24, 1984 THROUGH APRIL 9, 1985. 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: July 10 September 11 October 9 November 13 December 11 January 8 February 12 March 12 April 9 the remainder of the meetings shall begin at 6:30 P.M. on the following dates: July 24 August 14 August 28 September 25 October 23 November 27 December 18 January 22 February 26 March 26 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 26 day of June, 1984. H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres Chris Serres, City Secretary City of Nederland, Texas b� 3 ® Minutes Continued, June 26, 1984 A motion was made by Mr. Nagel and seconded by Mr. Lee to approve Melvin Franks, City Judge, attending the State Bar Association Meeting, July 2 -5, 1984 in San Antonio, Texas. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to table Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Demolition of house in the 900 Block of Helena needs to be completed. 2. Hedges causing blind corner - 17th Street @ Canal Avenue. 3. Doornbos Park - water foutains broken, asphalt sidewalks cracking, grass and ant beds covering walkways. 4. The landfill will be closed July 4th. The meeting adjourned at 8:00 P.M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 94'C )� Ch— rim eer e City Secretary ' City of Nederland, Texas 31 c� sJ REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. July 10, 1984 The meeting was called to order by Mayor Homer 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 June 26 meeting, All Voted Aye. Received comments from Gulf States Utilities Company and the Texas A & M Extension Service regarding the Texas Certified Cities Program. Betty Dixon, Chamber of Commerce, accepted certification plaques for the City of Nederland in the fields of communication and solid waste. A motion was made by Mr. Nugent and seconded by Mr. Lee to award the bid for the addition to the Service Center and repairs to vehicle storage shed to Cleveland Steel in the amount of $27,200. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for petroleum products for Mid County Municipal League cities to Derrick Oil in the amount of $22,685.04. All Voted Aye. ' A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing the City of Nederland to participate in the Lower Neches Valley Authority intake capital improvement program at a cost of $.02 per thousand gallon surcharge effective September 1, 1984. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing the City of Nederland to participate in a wastewater management feasibility study in anticipation of a 100% grant through the Southeast Texas Regional Planning Commission. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve Ordinance No. 369 to Close and abandon a portion of Avenue E and to authorize the Mayor to sign quitclaim deeds. All Voted Aye. ORDINANCE NO. 369 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 WHEREAS, HERMAN 0. MILLER and wife, MABEL LEE MILLER, and RICHARD G. BROWN, JR. and MARGARITA BROWN, are the owners of the property adjacent to the street hereinafter described; WHEREAS, that said portion of said street 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 the said portion of the street, as hereinafter described; and Minutes Continued, July 10, 1984 3 JZ WHEREAS, if there are utilities located in said street and if it is necessary to relocate the utilities in said street 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 the said street in the City of Nederland, Jefferson County, Texas, be and it is hereby discontinued, closed, and abandoned as a public street: That portion of Avenue E that extends a distance of 127.5 feet in an Easterly direction from South 1 -1/2 Street and lies between Lot One (1), Block Seven (7), BLOCK ESTATES UNIT 2, and Lot One (1), Block Six (6), BLOCK ESTATES UNIT 2, in the City of Nederland, Jefferson County, Texas. SECTION 2: - This ordinance shall be effective from and after its passage. SECTION 3: - That the Mayor and City Secretary shall be authorized to sign and attest the transfer of this property by Quit -Claim Deed or other instrument, as needed to the above - named, and reserves any easements necessary. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Nederland on the 10 day of July, 1984. HOMER NAGEL HOMER NAGEL, Mayor The City of Nederland ATTEST: CHRIS SERRES CHRIS SERRES, City Secretary This ordinance, including all the provisions thereof, is hereby approved as to form and legality. W. E. SANDERSON W. EVERETT SANDERSON City Attorney A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve amending the 17th Street paving project contract to include a portion of Detroit Avenue from 17th Street to 21st Street contingent upon the cost of adding that portion not exceeding 25% of the cost of the 17th Street project. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to nominate Howard McDaniel to seve on the finance committee and Mr. R. A. Nugent to serve on the personnel committee for the 1985 State Legislative Committees. All Voted Aye. Minutes Continued, July 10, 1984 33 3 3 A motion was made by Mr. Nagel and seconded by Mr. Sawyer to adopt a resolution accepting the City of Nederland General and Revenue Sharing budgets for the fiscal year beginning October 1, 1984 and ending September 30, 1985 and calling for a Public Hearing to be held at 6:30 P.M., August 14, 1984. 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, 1984 AND ENDING SEPTEMBER 30, 1985. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenue of all City de- partment activities and offices for the Fiscal Year beginning October 1, 1984 and ending September 30, 1985, 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 fo the City of Nederland is hereby accepted and a Public Hearing is hereby set for 6:30 P.M., August 14, 1984, 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 10th day of July, A.D., 1984. HOMER E. NAGEL Homer 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. Nugent to approve payment of Estimate No. 2 in the amount of $64,680.78 to Excavators and Constructors, Job No. 3A89P, 17th Street paving project. All Voted Aye. A motion was made Estimate No. 5 in by the Mr. Lee and seconded by Mr. Sawyer to approve payment of amount of $143,927.19 to Excavators and Constructors, Job No. 3A88P, Avenue H paving job. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to adopt a resolution accepting the City of Nederland General and Revenue Sharing budgets for the fiscal year beginning October 1, 1984 and ending September 30, 1985 and calling for a Public Hearing to be held at 6:30 P.M., August 14, 1984. 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, 1984 AND ENDING SEPTEMBER 30, 1985. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenue of all City de- partment activities and offices for the Fiscal Year beginning October 1, 1984 and ending September 30, 1985, 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 fo the City of Nederland is hereby accepted and a Public Hearing is hereby set for 6:30 P.M., August 14, 1984, 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 10th day of July, A.D., 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas 3 N Minutes Continued, July 10, 1984 34 A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize Mike Lovelady, Gary Collins, Mal Lightfoot and volunteers, Dee Sims and Hershyl Savoy to attend the 55th Annual Texas A & M Firemans Training School at College Station, Texas, July 22 -27, 1984. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of bil'.s for the month of June. 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. Street Program - 5th Street near water tower. 2. Outside City garbage service. The meeting adjourned at 4:00 P.M. Omer E.'Na7gelJ Mayor City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas fl �J J0 A VJ :s REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 24, 1984 The meeting was called to order by Mayor Homer 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 July 10, 1984 meeting. All Voted Aye. Received comments from Reverend Landry and Reverend Jackson regarding housing rehabilitation funds for Clayton Addition. Also requested reduced speed signs due to the heavy flow of traffic from the high school. Received comments from Mr. Dave Coco regarding 1984 Summer Recreation Program. Also, received Mr. Coco's resignation as Program Director. Received comments from Mr. Joe Quebedeaux concerning the odor, weeds and trash surrounding Geneva's Seafood. They were given notice to clean up the premises. ' A motion was made by Mr. Lee and seconded by Mr. Nugent to approve closing an easement in Mar -Len Industrial Park and authorize the Mayor to sign an agreement varifying the same. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer bids received for motor control panel for the water plant to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize James Byers to attend the Municipal Inspector's Training School at Texas A & M University August 6 -10, 1984. 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. Dilapadated houses in Clayton Addition. 2. Abandoned cars & pickups - 12th Street, 300 Block Avenue E, & Clayton Addition. 3. Grass needs mowing along 27th Street. The meeting adjourned at 7:50 P.M. ATTEST: AAJ Chris erres, 'City Secretary City of Nederland, Texas Homer E N geld, Mayor City of Nederland, Texas 30 3 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 PM August 14, 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 July 24, 1984. All Voted Aye. Fire Chief Mike Lovelady presented Shawn Gearinger with a letter of recognition and a plaque for his actions during the fire at Airport Towers. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve a Proclamation declaring Sunday, August 19, 1984 as "Katerina Papoutsis 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 Sunday, August 19, 1984 As "KATERINA PAPOUTSIS DAY" in the City of Nederland,, Texas, and urge each and every Citizen of our City to attend the benefit at Pleasure Island in Ms. Papoutsis' honor. In testimony whereof, witness my hand and Seal of the City of Nederland this the 14th day of August, 1984, A.D. HOMER E. NAGEL ^_ Mayor ATTEST: City of Nederland, Texas CHRIS SERRES City Secretary A Public Hearing was conducted on the proposed City of Nederland Budget for the fiscal year beginning October 1, 1984 and ending September 30, 1985. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to adopt the tax rate of $.62 per $100.00 valuation for the fiscal year beginning October 1, 1984 and ending September 30, 1985. All Voted Aye. D 1 Minutes Continued, August 14, 1984 A motion was made by Mr. Lee and seconded by Mr. Nugent to adopt the 1984 -1985 budget with no changes made and to approve Ordinance #370 levying taxes. All Voted Aye. ORDINANCE NO. 370 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1984, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DELINQUENT TAXES; AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I J/ That there is hereby levied and there shall be collected for the use and sup- port of the Municipal Government of the City of Nederland, Texas, and to pro- vide interest and sinking funds for the year Nineteen Hundred and Eighty - Four (1984) upon all property, real, personal and mixed withing the corporate limits of the said City, subject to taxation. A tax of sixty -two cents ($.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) 51.46 of each one dollar ($1.00) levied on the 1984 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, Series 1959, 2.19% of each one dollar ($1.00) levied on the 1984 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, .63% of each one dollar ($1.00) levied on the 1984 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, .49% of each one dollar ($1.00) levied on the 1984 Tax Roll. (e) For the purpose of paying interest and principal on the twenty thousand dollar ($20,000.00) Fire Station Bonds, Series 1962, .09% of each one dollar ($1.00) levied on the 1984 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, .89% of each one dollar ($1.00) levied on the 1984 Tax Roll. i� 38 Minutes Continued, August 14, 1984 (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 1984 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, 1.85% of each one dollar ($1.00) levied on the 1984 Tai: 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, 1.18% of each one dollar ($1.00) levied on the 1984 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, 1.08% of each one dollar ($1.00) levied on the 1984 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, .87% of each one dollar ($1.00) levied on the 1984 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, 7.52% of each one dollar ($1.00) levied on the 1984 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, 1 3.20% of each one dollar ($1.00) levied on the 1984 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, .30% of each one dollar ($1.00) levied on the 1984 Tax Roll. (o) For the purpose of paying interest and principal on the one million twenty thousand dollar ($1,020,000.00) Street Improvement Bond, Series 1980, 3.77% of each one dollar ($1.00) levied on the 1984 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, 4.40% of each one dollar ($1.00) levied on the 1984 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 Bond, Series 1982, 7.30% of each one dollar ($1.00) levied on the 1984 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, 12.12% of each one J7 Minutes Continued, August 14, 1984 dollar ($1.00) levied on the 1984 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 1984. SECTION III That the ad valorem taxes herein levied for the year 1984 shall become due January 1, 1985, though payable on the first day of October, 1984, and may be paid up to and including the following January 31, 1985, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1985, 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, 1984, twelve percent (12 %) penalty. Such unpaid taxes shall bear interest rate of 12% per annum from February 1, 1985, the same being the next year succeeding the year 1984; and if paid on or after the 1st day of July, 1985, 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, 1985, 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 metting of the said Council this 14 day of August, 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secry'~ _ etar City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas J 4U Minutes Continued, August: 14, 1984 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to cancel $25,135.73 of uncollectible taxes in accordance with Section 8.09 of the Home Rule Charter of the City of Nederland. All Voted Aye. Mr. Ken Dixon of Weldtest made comments regarding awarding the bid to Universal Switch Gear, Inc. He indicated that if time was critical on the delivery a penalty should have been imposed in the bid specs. Mayor Nagel informed Mr. Dixon that all vendors bid on the same specs and that if the bid had been awarded to someone who furnished us information after all the bids had been opened it would make the bid system questionable, therefore the bid was awarded to Universal Switch Gear, Inc. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for a new motor control panel in the amount of $19,039 to Universal Swith Gear, Inc. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Change Order No. 2 in the amount: of $12,940.03 to Excavators and Constructors, Job No. 3A89P, 17th Street paving project. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize an amendment to Job No. 3A89P to provide a new Job No. 3B7P, not to exceed $267,488.40, to add items; and quantities to existing contracts for the paving of Detroit Avenue from 17th Street to 21st Street. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 3 in the amount of $47,924.94 to Excavators and Constructors, Job No. 3A89P, 17th Street paving project. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve payment of Estimate No. 6 in the amount of $181,435.15 to Excavators and Constructors, Inc., Job No. 3A88P, Avenue H paving project. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize a reduction in the retainage held from Excavators and Constructors, Inc. on the Avenue H Paving project from 10% to 5% of the total amount bid. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve an amendment to Ordinance No. 107 regulating motor vehicles stored on private property. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND; PROVIDING PENALTIES OF FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS; AND REPEALING ALL ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I Section 99 or Ordinance No. 107 is hereby amended by the addition of Sub - Section 4 to read as follows: Minutes Continued, August 14, 1984 41 4t� It shall be unlawful and a nuisance for any person to leave, park or stand upon any property owned or under his control, for a period longer than thirty (30) days in any front, side or rear yard of any lot or tract of land in the City, any motor vehicle that is inoperative or which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certifi- cate or which is wrecked, dismantled, partially dismantled, or discarded or; remains inoperable for a continuous period of more than one hundred twenty (120) days; unless such motor vehicle is screened from view of the public by storage within a building or by a six foot (6') high solid wall or fence, not to exceed past the front portion of the residence or as in the requirements set forth in Zoning Ordinance No. 146, Section 6, fences or hedges. SECTION II Penalties: Any person who violates any provision of this Ordinance shall be deemed quilty of a misdemeanor, and shall, on conviction thereof, be fined in any 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 III Repealin 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 14th day of August, A.D., 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. SANDERSOI� W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Nagel to appoint Tom Lee and Robert Sawyer to the Jefferson County Joint Airport Zoning Board. All Voted Aye. Minutes Continued, August 14, 1984 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Mayor Pro Tem Dick Nugent to attend a Legislative Policy Planning Committee meeting in Austin, August: 24, 1984. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize John Bamber to attend the International Public Works Congress and Equipment Show, September 15 -20, 1984 inPhiladelphia, Pennsylvania. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize Mark Clayton to attend the Waiver and Wastewater Association Short School, August 21, 1984 in Woodville, Texas. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the payment of the bills for the mont of July. All Voted Aye. A motiron 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. Abandoned cars on 12th Street. 2. Several structures in Clayton Addition require demolishing. 3. Avenue H across railroad track at Twin City Hwy. in need of repairs. The meeting adjourned at 7:30 P.M. 'Homer E. age ,' aT M yor City of Nederland, Texas ATTEST: Chris Se es, City Secretary City of Nederland, Texas 1 7 G 6:30 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 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. E. T. Gillespie, Mr. T. E. Lee and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the meeting of August 14, 1984. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a Proclamation declaring the month of September as "National Square Dance Month." All Voted Aye. PROCLAMATION WHEREAS, Square dancing is an integral part of the heritage of our great State and Nation; and WHEREAS, Square dancing is a popular form of recreation for young and old alike; and ' WHEREAS, Square dancing is a clean, wholesome, enjoyable pastime providing an opportunity for fun, fellowship, and relaxation; and WHEREAS, Square dancers from Nederland, Texas will join those from all over the nation to call attention to this truly American dance by celebrating "National Square Dance Month ". THEREFORE, I, AS MAYOR, OF THE CITY OF NEDERLAND, TEXAS, do hereby designate the month of September as "NATIONAL SQUARE DANCE MONTH" in the City of Nederland. IN OFFICIAL RECOGNITION WHEREOF, I affix my signature this the 28 day of August, 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas 43 Minute, Continued, August 28, 1984 A motion was made by Mr. Sawyer and seconded by Mr. Lee to refer bids received for the Nederland Avenue drainage project to the City Manager and engineers for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to refer bids received for the rehabilitation of various sanitary sewer lines within the City to the City Manager and engineers for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve the Planning and Zoning Commission's recommendation regarding the final plat of the replat of the West one half of Lot 4 Block 15 Range "E" Port Arthur Land Company Sub- division (Lots 1 -3 Block 3 Regency Place 2) on South 52 Street contingent upon the owners dedicating a ten foot (10') right -of -way to the City of Nederland and the City Attorney varifying ownership of the right -of -way. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the advertisement for bids to be received September 25 for two police cars and one fire utility vehicle. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize advertisement for bids for the reroofing of the City of Nederland municipal building. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the advertisement for bids for the Midway drainage project. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve amending Ordinance No. 107 regulating motor vehicles stored on private property. All ' Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND; PROVIDING PENALTIES OF FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS; AND REPEALING ALL ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I Section 99 of Ordinance 107 is hereby amended by the addition of Sub - Section 4 to read as follows: It shall be unlawful and a nuisance for any person to leave, park or stand upon any property owned or under his control, for a period longer than thirty (30) days in any front, side or rear yard of any lot or tract of land in the City, any motor vehicle that is onoperative or which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certifi- cate, or which is wrecked, dismantled, partially dismantled; unless such motor vehicle is screened from view of the public by storage within a building or by a six foot (6') high solid wall or fence, not to exceed past the front portion of the resi- dence or as in the requirements set forth in the Zoning Ordinance No. 146, Section 6, fences or hedges. Minutes Contined, August 28, 1984 SECTION II This ordinance will not apply to wrecker storage lots operated pursuant to the guidelines set forth in Ordinance No. 335, Section 9, subsection (e); when operated for the purpose of storing impounded, wrecked, and disabled vehicles. SECTION III Penalties: Any person who violated any provision of this Ordinance shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in any 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 con- sidered a separate offense. SECTION IV 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 28 day of August, A.D., 1984. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas t 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 James E. Neushaffer as auditor for fiscal 1984. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the City Manager to attend a Legislative Finance Committee meeting in Austin, September 7, 1984. All Voted Aye. 45 46 Minutest Continued, August 28, 1984 A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the police to escort out -of -town football games. 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: Dr. Hamby complimented the paving job on Avenue H. The meeting adjourned at 7:20 P.M. -C� - Homer E. Nagel; Mayor City of Nederland, Texas ATTEST: Chris Ser es, City Secretary City of Nederland, Texas 1 1 47 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. September 11, 1984 The meeting was called to order by Mayor Homer E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie and Mr. T. E. Lee, Jr. Mr. R. D. Sawyer was absent. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the minutes of the meeting of August 28, 1984. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award the bid for the Nederland Avenue storm sewer improvements to Bella Company in the amount of $225,316.25 contingent upon satisfactory negotiations with the City Manager and staff concerning salvaging old culverts on said project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to award the bid for wastewater collection system improvements in the amount of $302,923.39 to Morrison and Miller, Inc. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the advertisement for bids for group health insurance. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of Estimate No. 1 in the amount of $55,351.75 to G. R. Grier, Job No. 3W170, wastewater plant renovation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize payment of Estimate No. 7 in the amount of $12,677.62 to Excavators and Constructors, Job No. 3A88P, Avenue H paving project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize payment of Estimate No. 4 in the amount of $58, 126.16 to Excavators and Constructors, Job No. 3A89P, 17th Street paving project. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment of Estimate No. 1 in the amount of $141,627.28 to Excavators and Constructors, Job No. 3B7P, Detroit Avenue paving job. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize payment of Estimate No. 1 on Job No. 1, addition to warehouse, in the amount of $1,672.00 and Estimate No. 1 on Job No. 2, renovation of existing storage shed, in the amount of $1,662.60 to Cleveland Steel Comapny, Inc. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve a Resolution ' authorizing the City of Nederland to participate in Gulf States Utilities rate increase, Docket No. 3829; and to authroize the employment of Don Butler, Attorney, and R. W. Beck, Engineer, contingent upon other Mid County cities agreeing to do same. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of Estimate No. 1 in the amount of $55,351.75 to G. R. Grier, Job No. 3W170, wastewater plant renovation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize payment of Estimate No. 7 in the amount of $12,677.62 to Excavators and Constructors, Job No. 3A88P, Avenue H paving project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize payment of Estimate No. 4 in the amount of $58, 126.16 to Excavators and Constructors, Job No. 3A89P, 17th Street paving project. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment of Estimate No. 1 in the amount of $141,627.28 to Excavators and Constructors, Job No. 3B7P, Detroit Avenue paving job. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize payment of Estimate No. 1 on Job No. 1, addition to warehouse, in the amount of $1,672.00 and Estimate No. 1 on Job No. 2, renovation of existing storage shed, in the amount of $1,662.60 to Cleveland Steel Comapny, Inc. All Voted Aye. Minutes Continued, September 11, 1984 48 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment of Estimate No. 1 and Final in the amount of $5,450.00 to Cleveland Steel Company, Inc., construction of employee lunch room in warehouse. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the City Manager to attend the ICMA Conference in San Antonio, September 15 -20, 1984. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize payment of the bills for the month of August. 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. Dilapidated structures - Clayton Addition. 2. Dilapidated structure - 13th Street. 3. 21st Street paving project. Homer E. Nagel ( Mayor City of Nederland, Texas ATTEST: M� 414XZ --, Chris Seryles, City Secretary City of Nederland, Texas U 1 1 �I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 25, 1984 The meeting was called to order by Mayor Homer E. Nagel and 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 September 11, 1984. All Voted Aye. Received comrents from Mr. Fred Clifton and Mr. Leo Sims concerning drainage on South 1� Street - directly behind Carriage Estates Subdivision. A motion was made by Mr. Nagel and seconded by Mr. Lee to have the City Engineers make a study on the drainage situation on South 1h Street and report back to the City Manager and staff with a solution they feel will eleviate the problem. All Voted Aye. Opened and read bids received for City of Nederland group health insurance. A motion was made by Mr. Nagel and seconded by Mr. Lee to award the bid for group health insurance to Republic National of Dallas. All Voted Aye. Opened and read bids received for two police cars and one fire department vehicle. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to refer bids received for two police cars and one fire department vehicle to the City Manager and staff for tabulation and recommndation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve a Proclamation declaring September 30 through October 6, 1984 as "South Jefferson County Insurance Week." All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Change Order 3B83P .for Excavators and Constructors to add the construction of 21st Street from Detroit Avenue to Helena Avenue. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table final acceptance of Carriage Estates. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve final on Christina Courts Subdivision. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve a resolution appointing the Chambers of Commerce's recommendations to the Susquicentennial Committee. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the Mayor, City Council and Staff to attend the annual Texas Municipal League meeting in Dallas, November 1 -3, 1984. All Voted Aye. t5 0 klnutes Continued, September 25, 1984 A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize James Byers to attend the annual Southern Building Code Congress in Savannah, Georgia, October 28 - November 1, 1984. 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. The meeting adjourned at 7:40 P.M. r E. `Nagel,',,%yorc City of Nederland, Texas ATTEST: M Chris Serr s, City Secretary City of Nederland, Texas 1 J �1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. October 9, 1984 The meeting was called to order by Mayor Homer 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 25, 1984. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve a Proclamation declaring the week of October 21 - October 28, 1984 as "National Tole Week." All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a Proclamation declaring October 18, 1984 as "International Credit Union Day." All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize revisions to the Personnel Ordinance No. 147. All Voted Aye. CITY OF NEDERLAND ORDINANCE NO. 147 PERSONNEL POLICY ORDINANCE AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EM- PLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER SHAT, BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES, AND RENDERING ALL OTHER CONFLICTING ORDINANCES NOW OF RECORD NULL AND VOID. A motion was made by Mr. Nugent and seconded by Mb. Sawyer to approve amending Traffic Ordinance No. 107. All Voted Aye. 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. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for a patrol vehicle to Kinsel Ford in the amount of $10,501.00 and to award the bid for a detective vehicle to J. K. Chevrolet in the amount of $9,696.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for a Fire Department replacement vehicle to Kinsel Ford in the amount of $10,506.00. 4 Ayes - 1 No. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the advertisement for bids to be received November 13, 1984 for the storm sewer project in Midway Addition. All Voted Aye. 2 m nt}tes Continued, October 9, 1984 A motion was made by Mr. Sawyer and seconded by Nb. Lee to approve payment of the following estimates to Cleveland Steel Company: Estimate No. 2 in the amount of $19,854.00, Job No. 262 -1, building addition; Estimate No. 2 in the amount of $8,643.00, Job No. 262 -2, building repair; and Estimate No. 1 in the amount of $1,063.29, Job No. 308, bathroom revisions. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of Estimate No. 8 in the amount of $57,062.96 to Excavators and Constructors, Job No. 3A88P, Avenue H paving project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 2 in the amount of $77,788.97 to Excavators and Constructors, Job No. 3B7P, Detroit Avenue paving project. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize payment of Estimate No. 5 in the amount of $72,175.35 to Excavators and Constructors, Job No. 3A89P, 17th Street paving project. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize the payment of Estimate No. 2 in the amount of $44,538.85 to G. R. Grier Co., Job No. 3W17D, wastewater plant renovation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to authorize Change Order No. 1 in the amount not to exceed $277,124.75 and to authorize an amendment to the engineering contract, Job No. 3B83B, 21st Street paving project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the ' deletion of the aeriation basin from improvements to sewer plant, Job No. 3W17D. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing James Boulet to attend a Sewage Treatment processes school in Kountze, Texas, October 30, 1984. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the payment of the bills for the month of September. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Red light on the corner of 27th Street @ Nederland Avenue needs repairs. 2. Twin City Hwy. @ Avenue B - railroad track needs repairs. 3. 17th Street paving project - water lines. The meeting adjourned at 4:20 P.M. ATTEST: City Sec taffy, City of Nederland Mayor, City of Nederland, Texas L 53 REGUTAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERIAND 6:30 P.M. October 23, 1984 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mrs 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. Lee to approve the minutes of the meeting of October 9, 1984. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to refer bids received for the reroofing of the Nederland City Office Building 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 a proclamation declaring October 21 -27, 1984 as "National Business Women's Week." All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a Resolution adopting the official "Master Plan" submitted by the Nederland Sesquicentennial Committee. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize the execution of a letter establishing a maximum charge for work to be done by R. W. Beck and ' Associates in G.S.U. rate case, Docket No. 5820. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize Robert Smith to attend the Street Maintenance training program October 23 -26, 1984 in Houston, Texas. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Engineers gave a report of the drainage project in Midway Addition. 2. Sanitary sewer project - South 5th Street. 3. Corner of Hardy Avenue @ Nederland Avenue needs sweeping. The meeting adjourned at 8:10 P.M. Homer E. Nagel,/Mayor- City ,ma of Nederland, Texas Chris SerCity Secretary City of Nederland, Texas 54 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. November 13, 1984 The meeting was called to order by Mayor Homer 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 October 23, 1984 meeting. All Voted Aye. Opened and read bids received for the Midway Addition drainage project. A motion was made by Mr. Lee and seconded by Mr. Sawyer to refer bids received for the Midway Addition drainage project to the City Manager and staff for tabulation and recommendation. All Voted Aye. Mr. McDaniel made a recommendation to the City Council that the City not enter private property for drainage purposes and that the homeowners in Block Estates should decide themselves what should be done to alleviate the drainage problem. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for re- roofing the City Municipal Building to Benco Roofing with low bid of $38,880.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize advertise- ' ment for bids to be received December 11, 1984 for the following: one (1) dump truck; one (1) one -ton truck chassis; three (3) half -ton pickup trucks; and one (1) trash and brush grappler. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table designating the City of Nederland as a blighted area and to authorize the City Manager and staff to pursue procedures necessary in getting the City of Nederland designated as a blighted area. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize payment in the amount of $11,773.21 to Provost, Umphrey, McPherson and Swearingen, for fees and expenses incurred in Case #A -119, 447 - Jeffrey Allan Holcomb and Wife vs. City of Nederland. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to nominate Andrea Howard to represent the City of Nederland on the South East Texas Regional Planning Commission's Health Planning Advisory Committee. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize payment of Estimate No. 6 in the amount of $14,236.15 to Excavators and Constructors, Job No. 3A89P, 17th Street paving project. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize payment of Estimate No. 3 in the amount of $12,189.78 to Excavators and Constructors, Job No. 3B7P, Detroit Avenue paving project from 17th Street to 21st Street. All Voted Aye. 1'1ILLULeb UULLLILIUCU, 1NUVe111DeL 1J, 1704 �5 A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize payment of Estimate No. 1 in the amount of $45,529.69 to Excavators and Constructors, Job No. 3B83P, 21st Street paving from Helena Avenue to Detroit Avenue. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize payment of Estimate No. 3 in the amount of $96,743.43 to G. R. Grier, Inc., Job No. 3W17D, wastewater treatment plant addition. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize payment of Estimate No. 1 in the amount of $88,145.50 to Morrison and Miller, Job No. 3B63B, wastewater collection system improvements. All Voted Aye. I A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payment of estimates to Cleveland Steel Company as follows: Estimate No. 2 and Final in the amount of $3,413.71, Job No. 308, bathroom revisions; Estimate No. 3 and Final in the amount of $1,694.50, Job No. 262 -2, building repair; and Estimate No. 3 and Final in the amount of $2,674.00, Job No. 262 -1, building addition. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize D. E. Sosa and Tom Hicklin to attend the T.M.L. Safety Training Workshop November 26 -28, 1984 in Houston, Texas. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of monthly bills for October. 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. Traffic light - 27th Street @ Nederland Avenue. 2. Re- zoning various sections throughout the City. The meeting adjourned at 4:20 P.M. H me E. Nagel, ayorc City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize Robert Smith to attend the Traffic Control and Planning and Implementing in Work Zones workshops November 29 -30, 1984 and December 4 -6, 1984 in Baytown and Houston, Texas. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize W. E. Sander- son, City Attorney, to attend the Municipal Law Course II December 6 -7, 1984 in Houston, Texas. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of monthly bills for October. 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. Traffic light - 27th Street @ Nederland Avenue. 2. Re- zoning various sections throughout the City. The meeting adjourned at 4:20 P.M. H me E. Nagel, ayorc City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas m REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 27, 1984 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. R. D. Sawyer. Members absent were Mr. H. E. Nagel and Mr. T. E. Lee, Jr. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the minutes of the meeting of November 13, 1984. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to award the bid for Midway Addition drainage project to Excavators and Constructors based on their low bid of $69,492.30. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to appoint Tom Lee as the City's representative on the South East Texas Regional Planning Commission's Review Committee. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept applications for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: Triple "J" Bar -B -Que Mr. Gatti's Pizza Linder's Bar -B -Que Nederland Club #Mazzio's Pizza Taco Rey Club 493 of the American Legion All Voted Aye. Italian Restaurant and Flying Pizza Hoagie House Pizza Inn The Schooner Restaurant Irene's Lounge Peggy's Seafood LaSuprema Tortilla Bakery A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Stop sign needs replacing corner of 31st Street @ Verna Drive. The meeting adjourned at 6:40 P.M. ATTEST: �L I � 19 J AA,�� Chris Se res, City Secretary City of Nederland, Texas 2�� H miter gel, Mayor City of Nederland, Texas 1 I� 1 LJ 1 s / REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. December 11, 1984 The meeting was called to order by Mayor Homer E. Nagelat 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 November 27, 1984. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to table action on a Resolution accepting a real property donation from Sun Pipeline Company and execution of a quitclaim deed until the December 18, 1984 meeting. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to accept a petition from area businessmen to create an Economic Development Authority. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to create a Nederland Industrial Development Authority and to appoint James E. McDaniel, James Newberry, J. D. Chester and Johnny Shaw to serve on the Board of Directors of the Nederland Industrial Development Authority. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to recess the Council Meeting to allow the Council, staff and public to view the Christmas parade. All Voted Aye. The meeting reconvened at 3:25 P.M. A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer bids for one dump truck, one 1 -ton truck chassis, three half -ton pickup trucks and one trash and brush grappler to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. gillespie and seconded by Mr. Lee to authorize payment of Estimate No. 2 in the amount of $94,234.10 to Excavators and Constructors, Job No. 3B83P, 21st Street paving from Helena Avenue to Detroit Avenue. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the payment of Estimate No. 4 in the amount of $16,484.93 to Excavators and Constructors, Job No. 3B7P, Detroit Avenue paving from 17th Street to 21st Street. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize payment of Estimate No. 7 in the amount of $19,814.37 to Excavators and Constructors, Job No. 3A89P, 17th Street paving. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize payment of Estimate No. 4 in the amount of $106,183.70 to G. R. Grier, Inc., Job No. 3W17D, wastewater treatment plant addition. All Voted Aye. Minutes uontinuea, December 11, 1Y164 A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize payment of Estimate No. 2 in the amount of $93,669.38 to Morrison and Miller, Job No. 3B63B, wastewater collection system. 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. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table Exeuctive Session relating to personnel and legal matters. All Voted Aye. Discussion Items: 1. Mr. Gillespie asked why Boston Avenue had never been striped down the center. 2. Discussion was held regarding 27th Street and the way it is designed. The inside lane going South on Helena should be marked "Left Turn Only ". Mr. Bamber presented some drawing that had been made to try to alleviate problems at the intersection of 27th Street and Helena on the 27th Street side going South. Council asked for changes to be made. 3. Mr. McDaniel stated that we were receiving less than satisfactory results from TML Workmen's Compensation and asked permission to give our 60 day notice to TML Workmen's Compensation and return to using Employer's Insurance of Texas. Council agreed. The meeting adjourned at 4:10 P.M. omer E. Nagel, M yor City of Nederland, Texas ATTEST: � Chris Serres�Secretary City of Nederland, Texas L REGULAR MEETING OF THE CITY COUNCIL OF THE 59 CITY OF NEDERLAND 6:30 P.M. December 18, 1984 The meeting was called to order by Mayor Homer 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. Mr. R. D. Sawyer was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillspie to approve the minutes of the December 11, 1984 meeting. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve a Resolution accepting a real property donation from Sun Marine Terminals, Inc., and to approve the execution of a quit claim deed. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to award the bid for 3 pickup trucks in the amount of $19,011.57, one 1 -ton chassis in the amount of $8,758.58 and one dump truck in the amount of $11,664.77 to Chevyland based on their low bids. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve applications for the sale of alcoholic beverages for "on premise" consumption in accordance with Ordinance No. 70 as follows: Triple "J" Bar -B -Que Italian Restaurant and Flying Pizza Mr. Gatti's Pizza Hoagie House Linder's Bar -B -Que Pizza Inn ' Nederland Club The Schooner Restaurant Mazzio's Pizza Irene's Lounge Taco Rey Peggy's Seafood Club 493 of the American Legion LaSuprema Tortilla Bakery A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a Resolution supporting the introduction of legislation creating a State office to assist in providing venture capital for new and existing small businesses. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve payment of Estimate No. 1 in the amount of $15,552.00 to Benco Construction, Inc. P.O. Box 211, Port Arthur, Texas, reroofing of City Office Complex. 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 7:15 p.m. Hoi er E. Nagel, M or City of Nederland, Texas ATTEST: Chris Se res, ity Secretary City of Nederland, Texas so REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. January 8, 1985 The meeting was called to order by Mayor Homer 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 18, 1984. All Voted Aye. Service pins were awarded and retirees were honored as follows: 5 Years Service: John Bernard, Scott Bonsall, Ronnie Denton, Charles Use, Gary Collins 10 Years Service: Darrell Bush, Nelson Johnson, Tom Hicklin, Leon Peacock, Richard McKeever 15 Years Service: Roy Hackett, Albert Reese 25 Years Service: J. B. McKinney, James Byers Retirees: Ervin Savoy - 25 years service Vernon Lancon - 22 years service ' A motion was made by Mr. Lee and seconded by Mr. Nagel to approve a Resolution - authorizing the creation of the Nederland Health Facilities Development Corpora- tion. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a Resolution authorizing the creation of the Nederland Multi- Family Housing Finance Corporation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve a Resolution authorizing the City Attorney to implement necessary procedures to establish the City of Nederland as an economically depressed area. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the Mid County Municipal League to request the 69th Session of the Texas Legislature to pass legislation establishing the Mid - County Municipal League as a legal governmental entity. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve payment of Estimate No. 2 in the amount of $15,552.00 to Benco Roofing for the reroofing of the City Hall complex. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 1 in the amount of $25,711.33 to Excavators and Constructors, Job No. 3B74E, Midway Addition drainage project. All Voted Aye. Minutes Continued, January 8, 1985 ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 �Z�- a-tl� Homer E. Nagel, May City of Nederland, Texas 61 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of Estimate No. 3 in the amount of $79,980.43 to Excavators and Constructors, Job No. 3B83P, 21st Street paving from Helena Avenue to Detroit Avenue. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of Estimate No. 5 in the amount of $134,408.30 to G. R. Greer, Inc., Job No. 3W17D, wastewater treatment plant addition. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 3 in the amount of $38,690.09 to Morrison and Miller, Job No. 3B63B, wastewater collection system. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the City Manager to attend a pension workshop in Austin, Wednesday, January 16, 1985. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of bills for the month of December. 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. Street lights need to be installed at Gage @ Detroit. 2. Tom Hicklin, Safety Officer, gave a brief overview of the Safety Program. ' The meeting adjourned at 4:10 P.M. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 �Z�- a-tl� Homer E. Nagel, May City of Nederland, Texas 61 62 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. January 22, 1985 The meeting was called to order at 6:30 p.m. by Mayor Homer 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 meeting of January 8, 1985. All Voted Aye. Mayor Nagel recognized Boy Scout Troop No. 422 as being present to view a City Council meeting. Mayor Nagel recognized Mr. Mike Judice, our new Gulf States Utilities represen- tative. He also complimented Mr. Ed Hutchins on his accomplishments when he was the City's G.S.U. representative. Comments from Mr. Patrick Johnson, Jr, were tabled due to his absence at the meeting. No action was taken. A motion was made by Mr. Nugent and seconded by Mayor Nagel to authorize a public hearing on February 26, 1985 at 6:30 p.m. to determine if the area within the City of Nederland should be declared a blighted or economically depressed area under the Development Act of 1979. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the "order calling elections" providing for an election of April 6, 1985 for the 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. Lee to authorize the City of Nederland to terminate an interlocal agreement with the Texas Municipal League's Joint Workers' Compensation Insurance Fund; and initiate a similar agreement with the Texas Political Subdivisions Workers' Compensation Fund. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for one trash grappler to Peterson Industries with a low bid of $15,300.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mayor Nagel to authorize pay- ment of Estimate No. 3 in the amount of $3,888.00 to Benco Construction Company for the reroofing of the City Hall complex. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mayor Nagel to authorize the Mayor, Council, City Manager, Emergency Management Coordinator and Fire and Police Chiefs to attend the Emergency Management Seminar in Austin, Texas, February 19 -21, 1985. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to table the Executive Session relating to personnel and legal matters. All Voted Aye. 1 Minutes Continued January 22, 1985 Discussion Items: 1. Mr. Bamber recommended removing street lights at the following intersections: 400 watt M.V. at 27th Street & Nederland Avenue 400 watt M.V. at Twin City Hwy. & Avenue H 400 watt M.V. at Twin City Hwy. & Nederland Avenue 100 watt M.V. at Twin City Hwy. & Avenue M 100 watt M.V. at Hwy. 366 & 1st Street Mr. Bamber recommended installing street lights at the following intersec- tions: 250 watt H.P.S. on Twin City Hwy. & Avenue J 250 watt H.P.S. on Hwy. 366 & Gage Avenue 250 watt H.P.S. on Hwy. 366 & 1st Street 250 watt H.P.S. on Twin City Hwy. & Avenue M 250 watt H.P.S. on the east side of Twin City Hwy. & Avenue L The Council authorized Mr. Bamber's recommendations be carried out. 2. Mr. Gillespie stated that lights or reflectors need to be placed at the intersections of Hwy. 365 & 12th, 13th & 14th Streets. The State will be contacted about these intersections. The meeting adjourned at 7:00 p.m. ATTEST: Janna rr, Acting C ty Secretary City f Nederland, Texas 1 Homer E. Nagel, Ma r City of Nederland, Texas 63 64 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 12, 1985 The meeting was called to order at 3:00 p.m. by Mayor Homer 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 meeting of January 22, 1985. All Voted Aye. Mr. Eli Barker, of Water District No. 10, presented comments to the City Council asking for the relinquishment of extraterritorial jurisdiction in order for the . Water District to hold an election of incorporation and he also presented a Resolution. Mr. Marvin Kebodeaux, also from Water District No. 10, presented a letter from him- self opposing the relinquishment of extraterritorial jurisdiction. A motion was made by Mr. Nugent and seconded by Mayor Nagel to accept comments, resolution, the petition that was presented prior to the meeting, the letter and turn them over to our lawyer. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Nugent to authorize the City of Nederland to execute an agreement with the Jefferson County Rural Fire Protec- tion District No. 1 establishing rates for fire protection. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the 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 Nederland. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize a resolution for renewal of a loan from Interfirst Bank Nederland for the purchase of a mechaniz- ed garbage collection system. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Lee to authorize approval of Change Order No. 5 and Final on the following projects: 3A88P Avenue H from 27th Street to Hwy. 69 3A89P 17th Street from Detroit Avenue to Helena Avenue 3B7P Detroit Avenue from 17th Street to 21st Street 3B83P 21st Street from Helena Avenue to Detroit Avenue All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mayor Nagel to approve payment of the following estimates, contingent on the contractor satisfying all complaints re- ceived on the projects: Estimate No. 6 and Final. in the amount of $9,025.23 to Excavators and Constructors, Job No. 3B7P, Detroit paving from 17th to 21st Streets. Estimate No. 4 and Final in the amount of $48,042.83 to Excavators and Constructors, Job No. 3B83P, 21st Street paving from Helena Avenue to Detroit Avenue. Minutes Continued, February 12, 1985 Estimate No. 12 and Final to Excavators and Constructors, with no amount due, Job No. 3A88P, Avenue H paving from 27th Street to Hwy. 69. Estimate No. 9 and Final in the amount of $9,512.43 to Excavators and Constructors, Job No. 3A89P, 17th Street paving from Detroit Avenue to Helena Avenue. All Voted Aye. Mr. Bamber presented a plan for striping 21st Street from Nederland Avenue to Helena Avenue; Detroit Avenue from 17th Street to 21st Street; and 17th Street from Nederland Avenue to Detroit Avenue. The Council approved the plan. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 2 in the amount of $34,395.00 to Excavators and Constructors, Job No. 3B74E, Midway drainage project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of Estimate No. 1 in the amount of $7,193.34 to Bella Company, Job No. 3A49E, storm sewer on Nederland Avenue from 31st to 37th Streets. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr Lee to approve payment of Estimate No. 6 in the amount of $125,159.15 to G. R. Grier, Job No. 3W17D, wastewater treatment plant. 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 $29,738.50 to Morrison and Miller, Job No. 3B63B, ' wastewater collection system. All Voted Aye. A motion was made by Mr. Lee and seconded by Mayor Nagef to authorize John Bernard to attend the Water and Sewer Associations Annual Short School at Texas A & M University, March 3 -6, 1985. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mayor Nagel to authorize payment of bills for the month of January. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Gillespie to table the Executive Session. All Voted Aye. Discussion Items: 1. Mr. Nugent talked with Father Meeks of St. Charles Catholic Church in regards to the Church having to buy bottled water to drink and wash with because of tap water being rusty. The City will check into it. 2. Mr. McDaniel invited the Council to attend a presentation at the Fire Station immediately following the Council meeting. The meeting adjourned at 3:45 p.m. Z f �-� �- - H mer Nagel, ayor City of Nederland, Texas ATTEST: Janna Kerr, Acting City Se retary City of Ne rland, Texas 65 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. The meeting was called to order at 6:35 p.m. February 26, 1985 Members present were: Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. E. T. Gillespie, Mr. T. E. Lee 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 February 21, 1985 and to amend the agenda to read "Approve the minutes of the previous meeting of February 12, 1985 ", instead of February 21, 1985. All Voted Aye. A public hearing was held to determine the existence of blighted or economically depressed areas within the City of Nederland, Texas. Mr. Robert Rothrock of 507 Boston Avenue asked questions regarding the City of Nederland being declared a blighted area. He also voiced opposition to the City being declared blighted. Mayor Nagel answered Mr. Rothrock's questions. Mr. Johnny Shaw of 1112 Shaw Drive spoke in favor of the City being declared economically depressed. Mr. Shaw also stated that the other surrounding cities had already declared themselves economically depressed. Mayor Nagel read the Resolution that designates the entire City of Nederland as a development area for industrial development revenue bonds in its entirety. Mr. Scott Sheldon with Sheldon & King Law Offices, asked that the minutes show that a notice was posted regarding the Resolution and that acting members of the Governing Body were notified officially and personally, in advance, of the time, place and purpose of the meeting. All of the above was carried out prior to the meeting. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve a Resolution designating the entire City of Nederland as a development area for industrial development revenue bonds and making findings related thereto. All Voted Aye. Mr. Jimmy Williford of the Planning and Zoning Commission and Mr. James Byers, City Building Official, presented proposed zoning changes for the City. The Planning and Zoning Commission will hold another meeting and return to the Council with their recommendations. The Mayor announced that Mr. John I. Bamber, Director of Public Works, was retiring and that there would be a reception for him following the Council meeting. He asked everyone to stay and show their appreciation to Mr. Bamber for his many years of service for the City. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the City to supply utilities to Babe Ruth League ball park for the 1985 season. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Nugent to table Executive Session. All Voted Aye. Discussion Items: 1. Mr. Lee stated that there are blind corners at 10th Street and Helena, and at 10th Street and Boston Avenue. 1 .i Minutes Continued, February 26, 1985 2. Mr. Gillespie asked about reflectors on South 12th, 13th, 14th & 15th Streets at Hwy. 347. Mr. McDaniel responded that the State was studying it. 3. Mr. Sawyer asked about installation of street lights at Gage and Detroit Streets. Mr. McDaniel reported that Gulf States Utilities had been requested to install them. 4. Mr. Bamber stated that Gulf States Utilities will start upgrade on street lights throughout the City. The meeting adjourned at 7:45 p.m. Homer E. Nagel, Ma9ldr City of Nederland, Texas ATTEST: Janna Kerr, cting City Sec tary City of Ned rland, Texas - 1 1 67 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. March 12, 1985 The meeting was called to order by Mayor Protem R. A. "Dick" Nugent at 3:00 P.M. 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. Lee and seconded by Mr. Gillespie to approve the Minutes of the meeting of February 26, 1985. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve a proclamation declaring the week of March 11 -17, 1985 as "Kellyweek." All Voted Aye. Received petition with 491 signatures requesting Central Gardens to remain a part of the City of Nederland Extraterritorial Jurisdiction from Mr. Marvin Kebodeaux and John O'Connor. Chief Billy Neal presented the 1984 Police Report to the Council and gave a brief overview of the report. A motion was made by Mr. Lee and seconded by Mr. Gillespie to renew the water supply contract with the Lower Neches Valley Authority. All Voted ' Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to accept Change Order No. 3 and Final from Morrison and Miller, Inc., decreasing the contract price by $47,334.71, Job No. 3B63B, wastewater collection system improve- ments. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 5 and Final in the amount of $17,689.21 to Morrison and Miller, Inc., Job No. 3B63B, wastewater collection system improvements. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to accept Change Order No. 1 from Bella Company increasing the contract price by $1,990.62, Job No. 3A49E, Nederland Avenue drainage project. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment of Estimate No. 2 in the amount of $56,787.75 to Bella Company, Job No. 3A49E, Nederland Avenue drainage project. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve Change Order No. 1 and Final from Excavators and Constructors increasing the contract price by $898.95, Job No. 3B74E, Midway Addition drainage. All Voted Aye. Minutes Continued, March 14, 1985 6 9 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of Estimate No. 3 and Final in the amount of $10,284.92 to Excavators and Constructors, Job No. 3B74E, Midway drainage project. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of Estimate No. 7 in the amount of $69,053.87 to G. R. Grier, Inc. Job No. 3W17D, wastewater treatment plant addition. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve payment of Estimate No. 4 and Final in the amount of $3,888.00 to Benco Roofing and Construction, reroofing of City Hall Complex. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of the bills for the month of February. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to table Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: Councilman Gillespie requested to have reflectors placed on stop sign poles at the corner of Hwy. 365 and 12th, 13th, 14th, 15th, and 16th Streets. Mr. McDaniel responded that the relectors were in place. Bagging traffic light at the corner of Nederland Avenue and 10th Street. ' Blind corner at Boston Avenue and 10th Street due to angle parking. R. A. Nugent, yor ProTem City of Neder nd, Texas ATTEST: Chris Serresr, City Secretary City of Nederland, Texas LJ 70 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 26, 1985 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 March 12, 1985. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gilelspie to approve a Proclamation declaring the month of April as "Columbian Squire Month." All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a Proclamation declaring Wednesday, March 27, 1985 as "Statue of Liberty Day." All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve amending Ordinance No. 359 regarding the Industrial District Agreement with Union 76. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve ' passing the first reading of the amendment to Ordinance No. 220 amending the Liberty Cable TeleCommunications franchise. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve Ordinance No. 371 closing a portion of an easement in the Allan Meadows subdivision being the easterly 1.60 feet of the sixteen foot wide utility easement along the rear of Lot 3, Block 12, Allan Meadow Section III. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a resolution assigning ballot numbers 00006 thru 00300 for absentee voting and 00301 thru 02000 for regular voting for the election to be held April 6, 1985. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the City Manager to attend a Fair Employment Laws seminar in Austin April 1 -2, 1985. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table Executive Session relating the legal and personnel matters. All Voted Aye. Homee, Mayor AT ES City of Nederland, Texas 77 Chris Se res, City Secretary City of Nederland, Texas 71 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. April 9, 1985 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. Lee and seconded by Mr. Gillespie to approve the minutes of the meeting of March 26, 1985. All Voted Aye. Mrs. Luetta Powell presented Mayor Nagel with the election results. Mr. R. D. Sawyer was sworn in as Councilman Ward I and Mr. Michael Ray Bourque was sworn in as Councilman Ward III. Mr. Bourque assumed the position of Council- man Ward III vacated by Mr. E. T. Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept the election results from Mrs. Powell, Election Judge. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize payment to election officials in accordance with State Statutes, Article 3.08, Election Code. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve a ' Proclamation declaring April 21 -27, 1985 as "Professional Secretaries Week ". All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve amending Ordinance No. 164 setting dates for regular Council meetings to be held from April 23, 1985 through April 8, 1986. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the advertisement for bids to be received May 14, 1985 for painting of a 450,000 gallon elevated water tank on South 5th Street. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize payment of Estimate No. 3 in the amount of $47,021.92 to Bella Company, Job No. 3A49E, Nederland Avenue drainage project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize payment of Estimate No. 8 in the amount of $197,826.25 to G. R. Grier, Inc., Job No. 3W17D, wastewater treatment plant addition. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the second reading of amendments to the Liberty Cable Television Communications franchise. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize payment of the bills for the month of March. All Voted Aye. 72 Minutes Continued, April 9, 1985 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: The City Council agreed with the City Manager that the Better Business Bureau be engaged to help collect delinquent water bills. The meeting adjourned at 3:40 P.M. H. E. Nage , or City of Nederl nd, Texas ATTEST: Chris Series, City Secretary City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. April 23, 1985 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. M. R. Bourque, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the meeting of April 9, 1985. All Voted Aye. Honored Mr. E. T. "Sam" Gillespie with a plaque in recognition of 24 years service as Councilman for Ward III for the City of Nederland. Fire Chief Michael Lovelady gave a brief overview of the 1984 Fire Department Report. A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize hiring Morrison and Miller to make emergency repairs to the sanitary sewer line located at Avenue D and South 4j Street in the amount of approximately $25,000.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the ' third reading of amendments to the Liberty Cable Television communications franchise, Ordinance No. 220. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. During the workshop session of the Council Meeting, Councilman Bourque asked the Council to consider appointing a committee made up of citizens to review the City's 20 year plan and to make recommendations to the Council regarding changes in the plan. 2. Councilman Sawyer questioned the stability of the elevated water tank on South 5th Street due to quicksand. 3. Trash in the field behind the Wal Mart Store. 4. High grass on 27th Street @ Christina Court. 5. Councilman Tom Lee suggested Councilman Bourque be appointed as a replace- ment for Mr. E. T. Gillespie as the City's representative on the S.E.T.R.P.C. Executive Board. C 73 { `z Minutes Continued, April 23, 1985 The meeting adjourned at 7:20 P.M. Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: �/ v1 Chris Serre , City Secretary City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 7 V CITY OF NEDERLAND 3:00 P.M. May 14, 1985 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. M. R. Bourque, and Mr. R. D. Sawyer. Members absent were Mr. T. E. Lee, Jr. A motion was made by Mr. Nugent and seconded by Mayor Nagel to approve the minutes of the previous meeting of April 23, 1985. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to approve a Procla- mation honoring Betty Dixon. All Voted Aye. Mayor Nagel presented the Proclamation (Resolution) to Betty Dixon. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve a Procla- mation declaring May 19 -25, 1985 as "Licensed Vocational Nurses Week." All Voted Aye. Mayor Nagel presented the Proclamation to Mrs. Carnahan. A discussion was held regarding the City of Nederland releasing its extraterritorial jurisdiction for the purpose of an incorporation election by the citizens of Water District No. 10. Mayor Nagel stated that there were approximately 475 sig- natures on the petition asking Nederland not to release its extraterritorial juris- diction and 26 signatures on the petition asking Nederland to release its extra- territorial jurisdiction. Mayor Nagel explained that the Council's decision was ' based on the fact that the petition with the most signatures reflected the majority of the peoples' opinion that the jurisdiction should not be released and felt that they should rule with the people not to release the jurisdiction at this time. He also stated that the City has no objection to the Water District incorporating if that is what they want. He also suggested that if this item was ever brought up again that the people of Central Gardens should go through their elected board. A motion was made by Mayor Nagel and seconded by Mr. Nugent to refuse the request that the City of Nederland release its extraterritorial jurisdiction over Water District No. 10 at this time. All Vote d Aye. A motion was made by Mayor Nagel and seconded by Mr. Nugent to refer bids for painting of 450,000 gallon elevated water tank on South 5th Street to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mayor Nagel to authorize advertise- ment of bids to be received June 11, 1985 for petroleum products to be purchased through the Mid - County Municipal League. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Bourque to authorize advertise- ment of bids to be received May 28, 1985 for 250,000 plastic garbage bags. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to authorize payment of Estimate No. 4 and Final Change Order in the amount of $87,810.66 to Bella Company, Job No. 3A49E, Nederland Avenue drainage project. All Voted Aye. 7 (5 Minutes Continued, May 14, 1985 Mr. Dave Perrell, with C.R.H. Associates, discussed Estimate No. 9, Job No. 3W17D with the Council. A motion was made by Mayor Nagel and seconded by Mr. Sawyer to authorize payment of Estimate No. 9 in the amount of $113,477.77 to G. R. Grier, Job No. 3W17D, wastewater treatment plant addition. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve the appoint- ment of Mike Bourque to the SouthEast Texas Regional Planning Commission Board of Directors. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to approve the appoint- ment of Joe Sudela to the Planning and Zoning Commission. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Bourque to authorize payment of bills for the month of April. All Voted Aye. A motion was made by Mayor Nagel and seconded by Mr. Nugent to table the Executive Session. All Voted Aye. Discussion Items: 1. Mr. Nugent asked that we send a letter to Joe Sudela notifying him of his appointment to the Planning and Zoning Commission. 2. Mr. Nugent stated that Nederland Avenue is in need of patching work. Mr. McDaniel responded that it has been proposed in this year's budget and funds are available to level off, blast, clean and fill buckle seams on Nederland ' Avenue and other streets that are in need of this work. 3. Mr. McDaniel reminded the Council of the Mid - County Municipal League meeting to be held Wednesday, May 15, 1985 at 5:00 p.m. The meeting adjourned at 4:20 p.m. Homer E. a el Mayor '_ City of Nederland ATTEST: &, jjw�hLc - Chris Serre , City Secretary City of Nederland, Texas f'I �J 77 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 28, 1985 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. M. R. Bourque, and Mr. T. E. Lee, Jr. Mr. R. D. Sawyer was absent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the meeting of May 14, 1985. All Voted Aye. Mr. James Weaver gave an overview of the 1985 Summer Recreation Program and presented the Council with a schedule of the program. A presentation of the amended Sesquicentennial Master Plan and Budget was made by Betty Dixon, Sesquicentennial Coordinator. All Voted Aye. ' Opened and read bids received for plastic garbage bags. A motion was made by Mr. Lee and seconded by Mr. Nugent to refer bids received for plastic garbage bags to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to reject all bids received for painting of the water tank on South 5th Street. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve amending Ordinance 107 providing for the removal of No Parking signs along both sides of 34th Street from Canal to Omaha Avenue. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to approve amending Ordinance 107 providing for a stop sign to be erected at South 16th Street @ Avenue B. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to table authorizing acceptance of applications for the sale of alcoholic beverages for on- premise consumption in accordance with Ordinance No. 70 as there were no applicants for on- premise consumption license. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to authorize Howard McDaniel and Tom Lee to attend an economic development training seminar in Austin June 11 -13, 1985. All Voted Aye. 8 Minutes Continued, May 28, 1985 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. The meeting adjourned at 7:15 P.M. Homer E. Nage , Mayor City of Nederland, Texas ATTEST: Chris Serre , City Secretary City of Ne erland, Texas I I' u 3:00 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 11, 1985 The meeting was called to order by Mayor Homer E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. M. R. Bourque, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of May 28, 1985. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the garbage bag bid to Arrow Industries, Waco, Texas, with a low bid of $43.68 per thousand. All Voted Aye. Opened and read bids received for petroleum products. A motion was made by Mr. Lee and seconded by Mr. Nugent to refer bids re- ceived for petroleum products 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 a Resolution adopting policies in accordance with the Fair Labor Standards Act. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize the cancellation of $14,660.72 uncollectible taxes in accordance with Section 8.09 of the Home Rule Charter of the City of Nederland. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing payment of Estimate No. 10 in the amount of $296,454.92 to G. R. Grier, Job No. 3217D, wastewater treatment plant addition. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the Mayor, Council, and City Manager to attend the annual TML Mayors' and Councilmembers' Institute in Galveston, June 20 -23, 1985. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize the payment of the 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. 1 I y 60 _ "ULes "untinuea, 'une 11, 1y257 Discussion Items: 1. Special meeting will be set for June 25, 1985 beginning at 5:00 P.M. to discuss budget items. 2. Beauxart Gardens Community Center will be burned June 11, 1985 at 7:30 P.M. by Jefferson County Fire Prevention District #1. Nederland Fire Department was asked to be on stand -by. The meeting adjourned at 4:30 P.M. Homer E. Nagel, May City of Nederland, Texas ATTEST U'u"LA",/ Chris Serres4 City Secretary City of Nederland, Texas 1 1 6:©0 P.M. SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 25, 1985 The meeting was called to order by Mayor H. E. Nagel at 5:00 P.M. Members present were Mr. H. E. Nagel, Mr. M. R. Bourque, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the minuts of the meeting of June 11, 1985. All Voted Aye. Mayor Nagel then turned the budget workshop session over to Mr. McDaniel. Mr. McDaniel gave a brief overview of the budget and then opened the meeting for discussion and questions concerning the budget. The meeting adjourned at 6:10 P.M. I ATTEST: Chris Serr City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas U l I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. June 25, 1985 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. M. R. Bourque, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. Received comments from Cropo LeBlanc concerning the 1985 Nederland Heritage Festival. Also, Mr. LeBlanc presented the City of Nederland Parks Department with $2000.00 to be used to purchase tables and spring- animals for Doornbos Park. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award bid for petroleum products to Sitton Oil and Marine Co. contigent upon approval by the City of Port Neches and the City of Groves. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to appoint City Officials in accordance with the City Charter from July 1, 1985 to June 30, 1986, 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, Emergency Management Coordinator, and Billy Neal, Assis- tant Coordinator. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Lee to authorize Mike Lovelady to attend Texas A & M Firefighters' School July 14 -19, 1985 and Gary Collins, Billy Fletcher, volunteers Wayne Nau and Terry Morton to attend the 56th Annual Firefighters' School at College Station July 21 -26, 1985. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the City Manager, Howard McDaniel, and the Administrative Assistant, D. E. Sosa, to attend the T.C.M.A. Meeting in Austin June 29 -July 2, 1985. 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. 1 Minutes Continued, June 25, 1985 There were no dicussions or communications in relation to City government in accordance with the Nederland Home Rule Charter and the laws of the State of Texas. The meeting adjourned at 7:25 P.M. Q9 Homer City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas 1 IF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. July 9, 1985 The meeting was called to order by Mayor Homer E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. M. R. Bourque, Mr. R. A. Nugent, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the meeting of June 25, 1985. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve a Proclamation proclaiming July 10, 1985 as Westernaires Day and to honor the Westernaires on their selection as the Drill Team in the State of Texas to be selected to entertain in Canada for the festivities held to honor the Canadian Navy on its 75th Anniversary. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to authorize the City Manager to sign a work order allowing the Texas Highway Department to conduct a traffic and signal study in the City of Nederland. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept the Planning and Zoning Commission's recommendation to rezone the rear 50' of property along Highway 365 from South 29th Street to South 37th Street from "Semi- residential and Parking District" to "Commercial" zoning. All Voted Aye. ' A motion was made by Mr. Bourque and seconded by Mr. Sawyer to call a Public Hearing to be held Thursday, July 25, 1985 at 6:30 P.M. for the purpose of con- sidering and adopting an Amendment to Ordinance No. 146 rezoning the rear 50' of the property along Hwy. 365 from South 29th Street to South 37th Street from "Semi- residential and Parking District" to "Commercial" zoning. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve amending the commercial garbage rates in Ordinance No. 155 and to began implementing the rates to all new services. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a Resolution accepting the City of Nederland General and Revenue Sharing budgets for the fiscal year, beginning October 1, 1985 and ending September 30, 1986, and to call a Public Hearing for August 13, 1985 at 6:30 P.M. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to authorize payment of Estimate No. 11 in the amount of $300,569.76 to G. R. Grier, Job No. 3W17D, wastewater treatment plant addition. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize the payment of the bills for the month of June. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to legal and personnel matters. All Voted Aye. Minutes Continued, July 9, 1985 Discussion Items: 1. Grass around several businesses that have closed needs mowing. 2. Tall grass around the intersection of Nederland Avenue @ 25th Street. 3. Junk cars on corner of Boston Avenue @ 9th Street. 4. Large number of trash piles in Ward III. 5. Portable signs creating blind corners. 6. Curb is broken away from the reinforcing bar on Helena Avenue @ 27th Street. 7. Broken sign post at the corner of Atlanta and 21st Street. The meeting adjourned at 4:25 P.M. ATTEST: (X� "/ Chris Serr , City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas �s REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 23, 1985 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. M. R. Bourque, Mr. R. A. Nugent, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the July 9, 1985 meeting. All Voted Aye. Received comments from Mrs. Ruth Tompkins who approached the Council with the possibility of leasing property from the City of Nederland in order to build a center for mentally retarded adults. The Mayor informed Mrs. Tompkins that the Council would have to discuss this in more detail and would contact her in the near future. Received comments from Mr. Charles Hembree who presented a check to the City of Nederland for Liberty Cable T.V.'s franchise fee. Received report on Summer Recreation Program from Mr. James Weaver, Program Director. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a Muscular Dystrophy Proclamation honoring Nederland Firefighters and urging all citizens of this City to join in support of the work of the Muscular Dystrophy Associaiton by contributing to the Nederland Firefighters "Fill- the - Boot" campaign. All Voted Aye. , A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the City of Nederland to execute Subordination for Pipeline Rights -of -Way to the United States of America. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the advertise- ment for bids to be received August 13, 1985 for sealing and asphalting of various streets throughout the City. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Manhole sinking at corner of 9th Street and Nederland Avenue. The meeting adjourned at 8:35 P.M. 'Homer E. Nagel, 4ayor - City of Nederland, Texas ATTEEST//: I_.. Chris Serrear, City Secretary City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 25, 1985 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. M. R. Bourque, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. Mr. R. A. Nugent was absent. Mayor Nagel turned the meeting over to Developer Joe Salvagio who presented his rezoning proposal to the group of citizens that were present at the Public Hearing. The rezoning would include the rear 50' of the property along Hwy. 365, from So. 29th Street to So. 37th Street. This property would be rezoned from "Semi- Residential and Parking District" to "Commercial" zoning. The Mayor then asked for comments and discussion from the citizens. Eighteen persons voiced their opinion of the rezoning proposal. Thirteen opposed the rezoning of this property. After listening to reasons for the opposition of this rezoning, it was concluded that the complaints were problems that could be taken care of and had nothing to do with the zoning of this property. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve an Amendment to Ordinance No. 146 rezoning the rear 50' of the property along Hwy. 365, from So. 29th Street to So. 37th Street, from "Semi- Residential and Parking District" ' to "Commercial" zoning. All Voted Aye. The meeting adjourned at 8:40 P.M. ATTEST: ��J,4 2L9r_.,9_1 Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, or City of Nederland, Texas M T: REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. August 13, 1985 The meeting was called to order by Mayor Homer E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. M. R. Bourque, Mr. R. A. Nugent, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the minutes of the meeting of July 25, 1985. All Voted Aye. Opened and read bids received for sealing and asphalting of various streets throughout the City. A motion was made by Mr. Nugent and seconded by Mr. Bourque to table awarding bids received until tabulation of the bids and a recommendation from the Director of Public Works could be made. All Voted Aye. Received comments from Scott Parker and Nathan Reynolds, with the Tax Reduction Association, concerning the City of Nederland's budget. Mr. Reynolds commended the City on having the lowest tax rate in Jefferson County and asked that the City continue to operate in a fiscally responsible manner. Received comments from Mr. Homer Comeaux, President of the Golden Triangle ' Citizens for Decency Through Law. Mr. Comeaux invited City Officials to attend a seminar to be held October 11, 1985 in Houston, Texas. A motion was made by Mr. Lee and seconded by Mr. Sawyer to appoint Mr. James E. Neushafer as auditor for fiscal 1985. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to award the bid for petroleum products to Sitton Oil and Marine. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the advertise- ment for bids to be received August 27, 1985 for relocation of a water line on 21st Street from Detroit Avenue to Nederland Avenue. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 12 in the amount of $226,852.31 to G. R. Grier, Job No. 3W17D, wastewater treatment addition. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a Resolution asking the U. S. Congress to enact no legislation to tax or restrict the continued issuance of tax exempt obligations by state and local governments. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize the 1985 driveway program. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nugent to approve an amend- ment to Ordinance No. 35 regulating the hours commercial garbage companies may service customers. All Voted Aye. Minutes Continued, August 13, 1985 A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the payment of the bills for the month of July. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to award the bid re- ceived for sealing and asphalting various streets throughout the City to D & S Enterprise in the amount of $178,552.00 with 45 working days. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to appoint Don Butler to represent the City of Nederland in the Public Utilities Docket #6280 and to select experts to study the prudency of the Gulf State Utilities Company River Bend project. The hiring of the experts will be subject to Council approval. The hiring of Don Butler and the prudency experts is contingent upon the majority of the cities who are now participating in the Public Utilities Commission Docket #6280 taking the same action. All Voted Aye. Discussion Items: 1. Trash across from the Knights of Columbus Hall blocking drainage ditch. 2. Automotive business located on the corner of Nederland Avenue @ 21st Street needs premises cleaned and grass cut. The Mayor recessed the meeting at 5:00 P.M. until 6:30 P.M. for a Public Hearing. Mayor Homer E. Nagel called the meeting back to order at 6:30 P.M. Mr. McDaniel gave a brief overview of the 1985 -1986 budget and then opened the meeting for comments and discussion. ' A motion was made by Mr. Lee and seconded by Mr. Sawyer to adopt a tax rate of $.62 per $100 valuation for the fiscal year beginning October 1, 1985 and ending September 30, 1986. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to adopt the 1985 -1986 budget with no changes and to approve Ordinance No. 372. All Voted Aye. The meeting adjourned at 7:25 P.M. ATTEST: M Chris Serres, eity Secretary City of Nederland, Texas 1 ��ti ��GZ.4io Y Homer E. Nagel, Maydif City of Nederland, Texas M 90 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 27, 1985 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. M. R. Bourque, Mr. R. A. Nugent, Mr. T. E. Lee, Jr. and Mr. R. D. Sawyer. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of August 13, 1985. All Voted Aye. Opened and read bids received for relocation of water line on 21st Street, from Detroit Avenue to Nederland Avenue. A motion was made by Mr. Sawyer and seconded by Mr. Lee to refer bids received for relocation of water line on 21st Street from Detroit Avenue to Nederland Avenue 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 approve an application from Mr. Ernest Lake to open Mid - County Cab Company, 106 S. 35th Street in Nederland. All Voted Aye. ' A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve Ordinance No. 373 providing for certification of certain positions in the Police Department. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize the Nederland Police Department to escort Nederland High School buses to out -of- town games. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize Mike Lovelady to attend the 112th Annual International Fire Chief's Conference September 15 -18, 1985. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Dicussion Items: 1. Street Rehabilitation Program 2. City of Nederland will host Region XVI meeting to be held at the Schooner Restaurant September 19. 3. Mr. Nugent expressed appreciation on the job Kansas City Southern Railroad did on cleaning up their premises. ri-LI LLLeb UV11L111LLCLL, t UYUSL L/, 170-) The meeting adjourned at 7:10 P.M. 1 ATTEST: Chris Serres, Sty Secretary City of Nederland, Texas 1 7 LJ Homer E. Nagel, Mayor` City of Nederland, Texas 91 92 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. September 10, 1985 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the meeting of August 27, 1985. All Voted Aye. Received comments from Mr. Art Champagne regarding the regulation of garage sales in the City of Nederland. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for relocation of the water line on 21st Street to Eastwood Contruction with a low bid of $20,095.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to table the update of E.P.A. funded projects by a representative of Klotz /Haile. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the pay- ment of Estimate 4113 in the amount of $109,474.85 to G. R. Grier, Job No. 3W17D, wastewater treatment plant addition. All Voted Aye. ' A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the advertise- ment for bids to be received October 8, 1985 for two new 1986 police cars. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the 1985 appraisal roll in the amount of $346,651,350 as certified by the Jefferson County Appraisal District. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize the Emergency Management Coordinator Jerry McNeill and Assistant Emergency Manage- ment Coordinator Billy Neal to attend the Texas Gulf Coast Emergency Management Association Annual Conference October 2 -4, 1985 in Galveston, Texas. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize payment of the bills for the month of August. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Children throwing trash in ditch at Y.M.C.A. creating a drainage problem. minutes uonLlnuea, JepLemoer 1u, 17oi The meeting adjourned at 3:25 P.M. ATTEST: 01�ka' IFAALa�) Chris Serres City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayoy City of Nederland, Texas 93 U4 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 24, 1985 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the September 10, 1985 meeting. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize advertisement for bids to be received October 22, 1985 for the demolition or removal of a structure located at 114 5th Street (Lots 1, 2, 3, Block 12, Johnson Addition) in accordance with Ordinance No. 137. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertise- ment for bids to be received October 22, 1985 for painting of the 450,000 gallon elevated water tank on South 5th Street. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to call a Public Hearing for 6:00 p.m. to be held at the Nederland City Office Building on October 24, 1985 to discuss rates being charged for electric utility service by Gulf States Utilities Company in the City of Nederland, Texas. All Voted Aye. ' A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize the Mayor, City Council and various staff members to attend the annual TML Con- ference October 31- November 3, 1985 in San Antonio, Texas. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to authorize City Manager Howard McDaniel to attend the annual I.C.M.A. Conference October 26 -30, 1985 in Philadelphia, Penn. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize Mayor Nagel, Councilman Bourque and City Manager Howard McDaniel to attend the Texas Gulf Coast Emergency Management Association conference October 3, 1985 in Gal- veston, Texas. 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. Weeds have grown up around an abandoned E1 Camino parked on the side of the road in the 2300 Block of Helena Avenue. 2. Helena Avenue @ 14th Street needs restriping. 3. Water leak on west side of Helena Avenue @ 14th Street. Minutes Continued, September 24, 1988 4. Discussed the possibility of placing a "Red Light Ahead" warning sign on 27th Street going toward Avenue "H" from Nederland Avenue. The meeting adjourned at 7:25 p.m. Homer E. Nagel, Mayor V City of Nederland, Texas ATTEST: l � j Chris Serres, C4ty Secretary City of Nederland, Texas r �I IJ 951 9b REGULAR MEETING OF THE CITY COUNICL OF THE CITY OF NEDERLAND 3:00 P.M. October 8, 1985 The meeting was called to order by Mayor Homer E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of September 24, 1985. All Voted Aye. Opened and read bids received for two (2) new 1986 police cars. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to refer bids re- ceived for two (2) new 1986 police cars to the City Manager and staff for tab- ulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to appoint the Mayor, Councilman Bourque and the City Attorney to represent the City of Nederland at the Gulf States Utilities Company rate increase hearing October 23, 1985 at the Port Arthur Civic Center. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a Resolution nominating Dick Nugent as a candidate for the Jefferson County Central Appraisal District board of directors. All Voted Aye. , A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize the re- newal of a landfill agreement between the cities of Nederland and Groves. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Bourque to authorize pay- ment of Estimate No. 14 in the amount of $177,639.76 to G. R. Grier, Job No. 3W17D, wastewater treatment plant addition. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nugent to authorize pay- ment of Estimate No. 1 and Final in the amount of $205,626.64 to D & S Barri- cades, road repairs and resurfacing. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize pay- ment of the bills for the month of September. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve a Proclamation proclaiming the month of October as "Harvest a New Life for Our Youth" month. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. 1 Minutes Continued, October 8, 1985 Discussion Items: 1. Fence along the drainage ditch on Hardy Avenue is need of repair. The meeting adjourned at 4:05 p.m. - -.cam. �2 Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: - kla' �kv—'-V Chris Serres, City Secretary City of Nederland, Texas 1 1 971 yZ5 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. October 22, 1985 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. M. R. Bourque, and Mr. R. A. Nugent. Mr. T. E. Lee, Jr. was absent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of October 8, 1985. All Voted Aye. Opened and read bids received for painting the elevated storage tank on South 5th Street. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to refer the bids received for painting the elevated storage tank to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to appoint Rebecca Lynn Caddy to the Zoning Board of Appeals to fulfill the unexpired term of Mr. Joe Cureton ending June 30, 1988. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to approve a ' Resolution casting the City of Nederland's 65 votes for R. A. "Dick" Nugent on the official ballot for Board of Directors, Jefferson County Appraisal District. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to award bids for two (2) new 1986 police cars to J. K. Chevrolet with a low bid of $18,556.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve Ordi- nance #374 regulating vehicle storage facilities in the City of Nederland. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Bourque to authorize the City of Nederland to enter into an agreement with the State Department of Highways and Public Transportation for participation in the construction of 21st Street from Nederland Avenue to Detroit Avenue. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve Ordi- nance 375 suspending Gulf States Utilities rates asked for in Gulf States Utilities' filing with P.U.C. October 1, 1985. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to authorize the City Attorney to intervene in the matter of G.S.U. rate application October 1, 1985 pending under P.U.C. Docket No. 6525. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve a Resolu- tion employing R. W. Beck and Don Butler as rate consultant and special council for participating cities in the matter of Gulf States Utilities Company Rate Application Docket No. 6525. All Voted Aye. Minutes Continuea, uctooer « , i7oj A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the executive session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Bourque expressed his wishes to support the Sheriff's stand on the jail consolidation issue. 2. Main line along Hwy. 347 between Nederland Avenue and Hwy. 365. 3. Extending landfill hours from 1:00 p.m. to 3:00 p.m. closing time. The meeting adjourned at 7:45 p.m. ATTEST: A Chris Serres; City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas cs V 100 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. November 12, 1985 The meeting was called to order by Mayor Homer E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. T. E. Lee, Jr. and Mr. M. R. Bourque. Mr. R. A. Nugent and Mr. R. D. Sawyer were absent. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve the minutes of the October 22, 1985 meeting. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve a Proclamation declaring November 13, 1985 "John W. Shaw Day." All Voted Aye. Received comments from Mr. Jim Sutherlin regarding a pending permit to Chemcial Waste Management. Mr. Sutherlin is opposed to having this permit granted and ask the Council for support by passing a Resolution stating that the City was also in opposition of this permit. Mayor Nagel informed Mr. Sutherlin that the Council could not take a stand on this matter until further investigations into this matter were made. A motion was made by Mr. Bourque and seconded by Mr. Lee to authorize_payment of Estimate No. 15 in the amount of $120,088 to G. R. Grier, Job No. 3W17D, wastewater treatment plant. All Voted Aye. ' A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize payment of Change Order No. 2 in the amount of $26,064 and to approve a thirty day extension to G. R. Grier, Job No. 3W17D, wastewater treatment plant. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the City Manager and the City Secretary to attend a seminar regarding issues in debt financing to be held December 5 and 6 in McAllen, Texas. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve payment of the bills for the month of October. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Council discussed the possibility of constructing Fire Hydrants from Avenue B to Hwy. 365 along Hwy. 347 using Eastwood Contruction Company's low bid unit price to do such work. Minutes Continued, November 12, 1985 The meeting adjourned at 4:10 P.M. 1 ATTEST: &"�, 4W,4w� Chris Series, City Secretary City of Nederland, Texas 1 - � E i C2 'Homer E. Nagel, Mayo City of Nederland, Texas 101 102 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. November 26, 1985 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of November 12, 1985. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve a Proclama- tion declaring December 5, 1985 as a celebration of the re- opening of Brookwood Recovery Center -- Park Place Hospital. All Voted Aye. Betty Dixon, Chamber of Commerce, thanked the City staff for their cooperation in decorating the Christmas Tree at the water tower on Canal Avenue and asked Mayor Nagel to do the honors of officially lighting the tree December 3. Betty Dixon also thanked Don Riechle and his son for making this Christmas Tree decoration possible. A motion was made by Mr. Lee and seconded by Mr. Bourque to appoint Howard Mc- Daniel, City Manager, to the S.E.T.R.P.C. Regional Solid Waste Advisory Committee. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for painting the elevated storage tank on 5th Street to Steel Maintenance Corpora- tion. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to ratify renewal of general liability and property insurance for the City of Nederland. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept applications for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: Mazzio's Pizza The Jones' Peggy's Seafood Taco Rey Mexican Restaurant Mr. Gatti's Pizza LaSuprema Mexican Restaurant Club 493 of the American Legion New business located at 318 13th St (The old Berrie Patch) Irene's Lounge The Schooner J. Marie's Linder's Bar -B -Que Pizza Inn Emilio's Italian Cuisine Italian Restaurant & Flying Pizza A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize the advertise- ment for bids to be received December 10, 1985 at 3:00 p.m. for a depository for the City of Nederland. All Voted Aye. J 1 0 1 I I Minutes Continued, November 26, 1985 A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Striping various streets around the City. The meeting adjourned at 7:05 p.m. ATTEST: I i V (il ',- J /l y Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 77627 1 U4 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. December 10, 1985 The meeting was called to order by Mayor Homer E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. M. R. Bourque, and Mr. R. A. Nugent. Mr. T. E. Lee, Jr. was absent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the November 26, 1985 meeting. All Voted Aye. Opened and read bid received for City of Nederland depository. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to award bid received for depository for the City of Nederland to Interfirst Bank Nederland. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to table executing a quit claim deed accepting property from Sun Marine Terminals. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to authorize payment of Estimate No. 16 in the amount of $181,899.19 to G. R. Grier, Job No. 3W17D, wastewater treatment plant. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize payment of Estimate No. 1 in the amount of $16,302.00 to Eastwood Construction Co., ' relocation of water lines along 21st Street. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize the pay- ment of the bills for the month of November. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to table taking any action regarding a lawsuit against the City of Nederland. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Discussed purchasing overhead doors for Fire Department when modification to the bays were made. The meeting adjourned at 3:25 P.M. Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: Chris Serre , City Secretary City of Nederland, Texas 1 J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 17, 1985 The meeting was called to order by Mayor Protem R. A. Nugent at 6:30 P.M. Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. Mr. H. E. Nagel was absent. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to approve the minutes of the December 10, 1985 meeting. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve executing a quit claim deed accepting property donated to the City of Nederland by Sun Marine Terminals, Inc. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Change Order No. 3 in the amount of $4,528.00 to G. R. Grier, Job No. 3W17D, wastewater treat- ment plant. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Lee to approve applications for "on premise" consumption of alcoholic beverages in accordance with Ordi- nance 170 as follows: Mazzio's Pizza The Jones' Peggy's Seafood Taco Rey Mexican Restaurant Mr. Gatti's Pizza LaSuprema Mexican Restaurant Club 493 of the American Legion Irene's Lounge The Schooner J. Marie's Linder's Bar -B -Que Pizza Inn Emilio's Italian Cuisine Italian Restaurant & Flying Pizza A motion was made by Mr. Sawyer and seconded by Mr. Bourque to table taking any action regarding a lawsuit against the City. All Voted Aye. The City Council gave informal approval to Mr. Frank Lamson to settle the Holcomb sidewalk case. Discussion Items: 1. The City Manager asked for approval to negotiate with the Drainage District to place a bridge at Avenue H @ 14th Street to allow for an increased flow from the Midway Addition. I IV v - - -11-11 „ccemoer, 1/' 1 Y6. ) The meeting adjourned at 7:10 p.m. --k' ' Mayor Protem A. Nugent City of Nederl nd, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas 1 1 107 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. January 14, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the December 17 meeting. All Voted Aye. No comments were received from Representative Frank Collazo as he was unable to attend the Council meeting. Received comments from Representative Al Price concerning G.S.U. rates. Repre- sentative Price expressed his concern for the rates charged by G.S.U. and told the Council that he was in favor of hiring prudency experts O'Brien - Krietzberg to do a study of G.S.U. rate case, docket #6525. Representative Price also expressed to the Council that he was in favor of rolling back G.S.U. rates to the rates charged by G.S.U. in Louisiana. Received comments from Mrs. Joyce Roddy, official spokeswoman for the Concerned ' Citizens of Southeast Texas, concerning G.S.U. rates. Mrs. Roddy asked the Council to act in favor of rolling back the rates to the rates charged by G.S.U. in Louisiana. Received comments from Mrs. Virgie Jacks. Mrs. Jacks represented the senior citizens of Nederland and expressed her concern for senior citizens and others who were on fixed incomes and unable to pay the rising cost of their utilities. Mrs. Jacks also asked the Council to act in favor of rolling back G.S.U. rates. Received comments from Mr. Mack Gothia of the Concerned Utility Rate Payers group. Mr. Gothia spoke in favor of hiring prudency experts, O'Brien - Krietzberg, to study G.S.U. rates case, docket #6525 and asked the Council to act in favor of rolling back G.S.U. rates. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the hiring of prudence experts, O'Brien - Krietzberg, in the G.S.U. rate case, docket #6525. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize hiring Dr. Charles Hawkins as the City's rate expert pertaining to G.S.U. rates. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the advertisement for a Public Hearing to be held January 28, 1986 at 6:30 p.m. for the purpose of setting rates for electric utility services charged by Gulf States Utilities Company in the City of Nederland in connection with Gulf States Utilities Company's request for rate increase now pending in Docket #6525 and any other rate questions that might concern Gulf States Utilities Company. All Voted Aye. 1 8 Minutes Continued, January 14, 1986 A motion was made by Mr. Bourque and seconded by Mr. Nugent to table taking action on Ordinance No. 155 concerning deposits for water and garbage service. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to table taking action on Ordinance 1170 allowing late hour closing of establishments licensed to sell alcoholic beverages for "on- premise" consumption. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to make no change at this time in the Ward Boundaries and to table holding a public hearing concerning the hearing. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the advertisement for bids to be received February 11, 1986 at 3:00 p.m. for alterations to the Nederland Fire Station. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to authorize the payment of Estimate lit to Eastwood Construction Company in the amount of $17,704.10 for the extension of water lines for fire hydrants along Twin City Highway @ Avenues J and L. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize payment of Estimate 1117 to G. R. Grier, Job 113W17D, in the amount of $60,889.60 for the wastewater treatment plant. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize paying attorneys in Holcomb vs. City of Nederland, sidewalk case, in the amount of $593.25. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to accept the 1985 audit ' from Mr. James Neushafer and to authorize payments to Mr. Neushafer for the audit in the amount of $4,700.00. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize the Council and City Manager to attend the Policy Leaders Regional Seminar in Dallas, Texas February 7, 1986. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to authorize the Mayor, Council, City Manager and staff members to attend the Emergency Manage- ment Seminar in Austin, Texas February 18 -20, 1986. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the payment of the bills for the month of December. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Striping of 14th Street @ Helena Avenue. 2. Councilman Nugent asked about the swag on 14th Street between Helena Avenue @ Franklin Avenue. 3. Oxygen and acetylene bottles not stored properly - Gage Street @ Nederland Avenue. 4. Weeds grown up on vacant lot in the 300 block of Hardy Avenue, next to the Colonial Apartments. 5. Traffic signal at Twin City Hwy. @ Helena Avenue not working correctly. Mr. Copp advised that parts have been ordered. Minutes uontlnuea, January 14, i7ov 6. Low spot in 17th Street @ Elgin. 7. 1500 block of Helena Avenue - street needs repairs. 8. Helena Avenue @ 27th Street - inside lane on Helena Avenue going towards the Airport needs repairs. The meeting adjourned at 4:50 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 '1 Home , Mayor G� City of Nederland, Texas luyi I 1U REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. January 28, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of January 14, 1986. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve a Proclamation declaring January, 1986 "Eye Health Care Month" in the City of Nederland. All Voted Aye. Dr. Allred of the Texas Ophthalmological Association thanked the Mayor and Council Members for proclaiming January, 1986 as "Eye Health Care Month" in the City of Nederland. Mayor Nagel called a Public Hearing to order at 6:40 p.m. for the purpose of considering a proposed rate increase by Gulf States Utilities. The following Gulf States Utilities Company Officials presented testimony favoring the rate increase request and asked that the Council not vote for a rollback: Mr. Don Clements, Mr. Ron McKenzie, Mr. Bobby Willis and Mr. Jack Schenck, Vice - ' President and Treasurer for Gulf States Utilities Company. After hearing testimony from the various Gulf States Utilities Company Officials, Mr. Sanderson presented Dr. Hawkins written testimony. Mr. Clements thanked the Mayor and Council for giving them the opportunity to present their testimony and also informed the Mayor that Gulf States Utilities Company would present written testimony in rebuttal to Dr. Hawkins testimony. Mayor Nagel then asked for comments from the audience limiting the comments to Nederland residents only and each person was to keep their comments to 5 minutes each. Mr. Rothrock of 507 Boston Avenue and Mr. D. Lee of 515 Boston Avenue spoke against the rate increase request from Gulf State Utilities Company. There were no other comments from the audience. Mayor Nagel asked that Gulf States Utilities Company have their written rebuttal within five days. The public hearing adjourned at 7:20 p.m. Mayor Nagel called another Public Hearing to order at 7:20 p.m. to discuss the ' reasonableness of current rates charged by Gulf States Utilities Company. Minutes Continued, January 28, 1986 Mr. Ron McKenzie made comments concerning the rate case now pending. Mr. Sanderson resubmitted Dr. Hawkins written testimony. Gulf States Utilities Company made no rebuttal. Mayor Nagel asked for comments from the audience again limiting the comments to Nederland citizens and to 5 minutes each. After hearing comments from the audience the public hearing adjourned at 7:30 p.m. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept any documents presented by Gulf States Utilities Company and to table taking action on the proposed rate increase request and the reasonableness of current rates charged by Gulf States Utilities Company until February 11, 1986 at 3:00 p.m. All Voted Aye. Received comments from Betty Dixon relative to tourism and museum activities in the City of Nederland. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve an amendment to Ordinance No. 70 allowing for late hour closing of establishments licensed to sell alcoholic beverages for "on- premise" consumption. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve two amendments to Ordinance No. 265 addressing industrial waste and residential sewer use. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve Ordinance No. 290 adopting public utility communications rules. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Ordinance 376 abandoning a certain sidewalk in the City of Nederland, being that six foot wide parcel of land lying between Lot 4, Block 10, Allan Meadows II and Lot 1, Block 12, Allan Meadows III. All Voted Aye. 1111 A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the City to enter into an agreement with the State Department of Highways and Public Transporta- tion for the purpose of enforcing litter laws. 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. Repairs on Helena Avenue. 2. Hole in asphalt near storm sewer - 27th Street @ Avenue C. 3. Traffic signals - Highway 347. 4. Traffic study on 10th Street - Highway Dept. contract with Klotz - Haile. 5. Commended the Fire Chief, firefighters and volunteers for their efforts exhibited in containing the fire on Boston Avenue. J 1 Minutes continued, January 28, 1986 :� � The meeting adjourned at 8:15 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: �JAZ,a- LU6i�- Chris Serres, City Secretary City of Nederland, Texas 1 113 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 5, 1986 The meeting was called to order by Mayor Homer E. Nagel. Members present were Mr. H. E. Nagel, Mr. Tom E. Lee, Jr., Mr. M. R. Bourque, and Mr. R. A. Nugent. Mr. R. D. Sawyer was absent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the meeting of January 28, 1986. All Voted Aye. Mr. W. Everette Sanderson explained why a special meeting was called to hear the reasonableness of the current rates charged by Gulf States Utilities Company. Mr. Sanderson informed the Council that the Public Utility Commission wanted some- thing done on all cases on or before a certain date that did not coincide with the regular City Council meeting date. Also, the Commission stated that if some- thing was not done by a certain date, certain expenses of these rate cases would have to be borne by the City. Mayor Nagel and Councilmembers commented on Gulf States Utilities Company's rebuttal by Mr. McBride and Mr. Beekman. Mayor Nagel gave his opinion as to why he believed the rates charged by Gulf States Utilities Company should be rolled back to the rates charged to customers in Louisiana. Other Council- ' members were of the same opinion as Mayor Nagel. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Ordinance #377 reducing the rates currently being charged by Gulf States Utilities Company with- in the City of Nederland. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnnel matters. All Voted Aye. Discussion Items: 1. Seismographic crews working in the area. The meeting adjourned at 4:00 p.m. 6Yw.c�� E/ / cL4 D iT i Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: l�1 l/ I�T/ot Chris Serre , City Secretary City of Nederland, Texas 1� REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 11, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the February 4, 1986 meeting. All Voted Aye. Presented safety awards to the Parks Department for having 12,480 safe hours. Receiving awards were Mr. Kenneth Meaux, Parks Director, Mr. Richard Hopkins, Mr. James Alexis, Mr. John Stelly, Mr. Roy Hackett and Mr. Bobby Kelly. Bids received for alterations to the Nederland Fire Station were opened and read. They were then referred to the Director of Public Works and staff for tabulation. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve amending Ordinance No. 107 establishing speed limits on State Highway 347. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize the payment ' of Estimate No. 18 in the amount of $70,097.71 to G. R. Grier, Job No. 3W17D, wastewater treatment plant. Also to begin assessing a penalty of $200,00 a day starting February 13 until the job is completed. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to award the bid for alterations to the Nederland Fire Station to Neild Construction /Development in the amount of $9,640.00 with the job to be completed in twenty working days. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve the "Order Calling Election" providing for an election to be held April 5, 1986 for the purpose of electing a mayor and two councilmembers, one for Ward II and one for Ward IV and providing for Luetta Powell to be presiding judge over the General Election and the Absentee Ballot Board. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the advertisement for bids to be received March 11, 1986 at 3:00 p.m. for repair and maintenance of traffic signal lights. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve a Resolution requesting the Public Utility Commission to reconsider its previous determination on the disposition of fuel adjustment over - collections. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to authorize the City Attorney to hire Mr. Frank Lamson and to proceed with action to have the fence posts removed from Doornbos Park property. All Voted Aye. Minutes uontinuea, reoruary ii, iyao 11,5 5 A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the execution of a lease agreement with Gulf States Utilities Company for use of a portion of the Gulf States Utilities transmission right -of -way between Boston and Nederland Avenues. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: Councilman Bourque reported on the Policy Leaders Regional Seminar that he had attended. The meeting adjourned at 3:55 p.m. ATTEST: 9 Diu U/�) Chris Serres, City Secretary City of Nederland, Texas I Homer E. Nagel, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. February 25, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of February 2, 1986. All Voted Aye. Service pins were presented to the Mayor, City Council, Planning and Zoning Commission and City employees. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve an Anti - Crime Resolution to require more attention to be focused on crime, solutions identified to address our crime problems, and actions implemented to solve said crime problems. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve a Resolution renewing an existing loan with InterFirst Bank Nederland. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the Jefferson County Mosquito Control District to operate airplanes at low levels over the City for mosquito control purposes. All Voted Aye. Council heard comments from Mrs. Metcalf concerning problems she was having with her sewer line. Mayor Nagel called a recess at 7:05 p.m. The meeting was called back to order at 7:15 p.m. A motion was made by Mr. Bourque and seconded by Mr. Nagel to approve Ordinance #378 as required by law establishing rates to be charged in the City of Nederland by Gulf States Utilities Company. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Bourque reported on EMS held in Austin, Texas. 2. Davis - Knowles requested permission to close Detroit Avenue from 12th Street to 13th Street from 10:00 a.m. until 12:00 p.m. on Saturday, March 29 for their annual Easter Egg Hunt. riluuLes %,uuLliiuea, renruary LD, i7oo The meeting adjourned at 8:00 p.m. ATTEST: / , LA� Chris Serres, City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas 118 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. March 11, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. Mr. R. D. Sawyer was absent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the February 25, 1986 meeting. All Voted Aye. Mayor Nagel presented Mr. Marvin Kebodeaux, President of the Chamber of Commerce, with a Proclamation declaring March 12, 1986 as "Go Texan Day." A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the proclamation declaring March 12, 1986 as "Go Texan Day." All Voted Aye. Received comments from Mr. Bob Shields regarding the PATCH program. Mr. Shields asked the Council for any help the City could give in regards to locating a meeting place for the members of PATCH. A motion was made by Mr. Lee and seconded by Mr. Nugent to have the City Manager work with the members of PATCH on making the property on Gage Street owned by the City of Nederland available to the members of PATCH as a building site for their meeting place. All Voted Aye. ' Opened and read bids received for the repair and /or maintenance of traffic signal lights. Referred bids to staff for tabulation and recommendation. A motion was made by Mr. Lee and seconded by Mr. Nagel to provide utilities for the Babe Ruth League ball park for the 1986 season. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize the advertise- ment for bids to be received April 8, 1986 for street overlay projects along Boston Avenue from 15th Street to 10th Street and along Nederland Avenue from Hwy. 69 to Hwy. 347. All Voted Aye. Chief Billy Neal presented the 1985 Annual Police Report to the Mayor and City Council. A motion was made by Mr. Bourque and seconded by Mr. Nagel to authorize the E. M. Coordinator and Assistant Coordinator to attend the 1986 National Hurricane Conference in Houston April 16 -18, 1986. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve a Resolution asking Southwestern Bell Telephone Company to study the feasibility of a toll free -exchange between Mid County and the Hamshire - Fannett area. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nugent to approve payment of Estimate No. 3 in the amount of $5,615.85 to Eastwood Construction, extension of water lines for fire hydrants. All Voted Aye. L—UU LCb V011L 111LLCLL, rIaL 1:11 11, 1700 Will Larrain of Klotz /Haile gave an update on the wastewater treatment plant project. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of Estimate No. 19 in the amount of $53,551.30 to Grier for work completed on the wastewater treatment plant. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to have the City Attorney and staff study whether the City should continue penalizing Grier Construction Company $200.00 per day until the job is completely finished or just until the plant was "substantially complete ". All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize Council and staff to attend the G.S.U. rate hearing before the P.U.C. in Austin during the week of March 17, 1986. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to authorize payment of the bills for the month of February. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to table the Executive Session relating to legal and personnel matters. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to award the bid for repairing traffic signals lights to D & S Enterprises and the bid for maintaining the traffic signal to Electrical Repair Service. All Voted Aye. Discussion Items: ' 1. Article in newspaper concerning unclaimed money held by the State Treasury Department. 2. Avenue H @ 27th Street is scene for most traffic accidents for the past two years. 3. City Manager expressed appreciation to Dela Kelly for all the hard work that was put into planting the tulips along Hwy. 347. 4. Tax Abatement meeting will be held at the Air National Guard building at 4:30 p.m. Friday. 5. Energy Appropriations Meeting to be held April 9. 6. Discussed disassembling and removing the 150,000 gallon water storage tank on Hardy Avenue. The meeting adjourned at 4:15 p.m. omer E Nagel, r City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas 119, 120 EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:15 P.M. March 14, 1986 The meeting was called to order by Mayor Homer E. Nagel at 4:15 p.m. Members present were Mr. H. E. Nagel, Mr. T. E. Lee, Jr. and Mr. M. R. Bourque. Mr. R. A. Nugent and Mr. R. D. Sawyer was absent. A motion was made by Mr. Bourque and seconded by Mr. Lee to recess the meeting at 4:20 p.m. in order for the Mayor, Councilmembers and City Manager to attend a tax abatement meeting at the Texas Air National Guard Armory located at Jefferson County airport. Judge LeBlanc called the meeting to order at 4:30 P.M. and stated that the purpose of the meeting was to discuss the pros and cons of a unified tax abate- ment policy for all entities in Jefferson County. After considerable discussion the proposed policy was generally acceptable to most entities represented due to an escape clause in the proposed policy which would allow for special considera- tion of tax abatement to be given in a unique situation. The meeting was adjourned at 5:50 p.m. Mayor Nagel, Councilman Lee and Councilman Bourque then returned to City Hall and reconvened at 6:01 in order to adjourn at 6:02 p.m. ' ATTEST: 61 /-� " Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, Mayo Nederland, Texas 121 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 25, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of March 11, 1986. All Voted Aye. Mayor Nagel presented a Proclamation declaring March 31, 1986 as "Doctor's Day" in Nederland, Texas to Mr. John Grossmyer and Mr. Carl VanDevender. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the Proclamation declaring March 31, 1986 as "Doctor's Day" in Nederland, Texas. All Voted Aye. Received comments from Mr. Johnny Shaw and Mr. Marvin Kebodeaux relating to Southeast Texas, Inc. Mr. Shaw and Mr. Kebodeaux asked that the City allow voluntary assessment of $2500.00 for economic development efforts through SET, Inc. All Voted Aye. Councilman Bourque addressed the Council with favorable comments on the efforts ' of SET, Inc. Mayor Nagel and other Councilmembers concurred with Councilman Bourque. A motin made by Mr. Sawyer and seconded by Mr. Lee to accept the Planning and Zoning Commission's recommendation to approve a replat of Kinard Gardens Sub- division located on Price Street. (Outside City limits, but within the City's extraterritorial jurisdiction). All Voted Aye. Received annual Fire Report from Fire Chief Mike Lovelady. A motion was made by Mr. Bourque and seconded by Mr. Nagel to approve having the elevated water storage tank on Hardy Avenue removed. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to award the bid to Lupton, Inc. in the amount of $63,000 for the painting of the water storage tank on South 5 Street. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a Resolution authorizing the Mayor to execute a contract with the State Department of Highways and Public Transportation for the purpose of enforcing litter laws. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize Councilman Bourque and the City Manager to attend the Energy and Water Development Sub- committee hearings April 9, 1986 in Washington, D.C. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the Council and staff to attend the G.S.U. rate hearings before the P.U.C. in Austin, Texas as needed. All Voted Aye. 9 __ Minutes continued, Marcrl L.7, L`Poo 2 1 2 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. Commended City staff for job well done during Heritage Festival. 2. Various portable signs at different businesses blocking the view of traffic along several streets throughout the City. 3. Councilman Bourque related Mr. Mack Griggs appreciation for the work done by Mrs. Dela Kelly along Twin City Hwy. to the Mayor and other Council - members. Mr. Griggs also suggested that the City join in a beautification effort together with the Chamber of Commerce. 4. Main Street meeting will be held Thursday April 3 at 5:30 p.m. 5. Church of the Harvest requested permission to close off 19th Street from Atlanta to Nederland Avenue. The meeting adjourned at 8:45 p.m. ATTEST: Chris Serres City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 123 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. April 8, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr. and Mr. R. A. Nugent. Mr. M. R. Bourque was absent due to an out -of -town meeting. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the minutes of the March 25, 1986 meeting. All Voted Aye. Mrs. Luetta Powell, Election Judge, presented the votes from the April 5, 1986 general election. 217 votes were cast for Mayor Homer E. Nagel, 211 votes were cast for Mr. Tom E. Lee, Jr., Councilman Ward II and 197 votes were cast for Mr. R. A. "Dick" Nugent, Councilman Ward IV. Total votes cast were 220. Total expenses incurred for the 1986 General Election were $362.50. Mrs. Chris Serres, City Secretary, swore in Mayor Homer E. Nagel, Councilman Tom E. Lee, Jr. and Councilman R. A. "Dick" Nugent. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the canvassing of votes as presented by Mrs. Luetta Powell, Election Judge and to approve payment of election officials in accordance with State Statutes Article 3.08, election code. All Voted Aye. Mayor Nagel presented Ms. Kay Brown with a Proclamation declaring April 6 -12, 1986 as "Week of the Young Child ". A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the Proclamation declaring the week of April 6 -12, 1986 as "Week of the Young Child ". All Voted Aye. Opened and read bids received for street overlay projects and then referred bids to staff for tabulation and recommendation. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve an amendment to Ordinance No. 164, setting dates for regular Council Meetings to be held from April 22, 1986 through April 14, 1987. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize payment of $2,500.00 as a dues supplement for the S.E.T.R.P.C. for economic development marketing activities. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize payment of the bills for the month of March. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for the street overlay projects to A. W. Busby Contracting, Inc. in the amount of $162,756.00. All Voted Aye. _ Minutes Continued, April 8, 1986 124 Discussion Items: 1. P.U.C. feasibility study for toll -free exchanges has been expanded to include all of Jefferson, Orange and Hardin Counties. 2. Discussed honoring Kristen Wise for her brave actions that resulted in saving her family from fire. The meeting adjourned at 3:55 p.m. Homer E. Nagel, Maybk City of Nederland, Texas ATTEST: Chris s Serr s, City Secretary City of Nederland, Texas 1 1 1 fJ l REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. April 22, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. Mayor Nagel welcomed a group of Boy Scouts to the City Council meeting and also welcomed any questions or comments that might arise during the Council meeting. Mayor Nagel introduced the Council members, City Manager and City Secretary to the group and then asked each scout to stand and introduce him- self. Mayor Nagel also welcomed Mrs. Carriker and a group of High School students who were in attendance at the Council meeting. Mayor Nagel presented the family of Kristen Wise with a Proclamation declaring Wednesday, April 23, 1986 as "Kristen Wise Day" in the City of Nederland. Fire Chief Mike Lovelady presented Kristen with a trophy for her heroic actions. 125 A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve a Proclamation declaring April 23, 1986 as "Kristen Wise Day" in the City of Nederland. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve the Planning and Zoning Commission's recommendation to accept the final plat of Forest Central One, outside City limits. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to approve the Planning and Zoning Commission's recommendation to accept the final plat of Highland Place Sub- division contingent upon an engineering study of the proposed foundation design being submitted to the City Building Official prior to the issuance of the construction permit. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to authorize the hiring of the firm O'Brien - Krietzberg for the G.S.U. /P.U.C. Docket 6735. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve an intergovernmental agreement between the City of Nederland and Jefferson County for the purpose of housing municipal inmates. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize the payment of Estimate No. 4 in the amount of $4,760.60 to Eastwood Construction for the extension of water lines. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 20 in the amount of $30,736.38 to G. R. Grier for work completed on the wastewater treatment plant, Job No. 3W17D. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to approve Estimate No. 21, the release of 2}% of retainage in the amount $67,658.07 to G. R. Grier for wastewater treatment plant, Job No. 3W17D. All Voted Aye. Minutes Continued, April L.L., IVOb A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize the advertise- ment for bids to be received May 27, 1986 for painting and reconditioning service center and vehicle storage shed. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize the City Manager to attend the Region 6 Texas City Managers' Spring Conference May 7 -10 in Conroe, Texas. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Rusty fences along drainage ditch. 2. Councilman Bourque reported on his trip to Washington D.C. He also congratulated Mayor Nagel, Councilman Lee and Councilman Nugent on their reelection to the Council. Councilman Bourque then presented Mayor Nagel with a gavel in celebration of Texas Sesquicentennial with the following engraved on it: Nederland, Mayor Homer Nagel, Sesquicentennial Year, 1836 -1986. 3. Water standing in ditch at Detroit @ 16th street. 4. Status of 5th Street water tower. 5. Nederland Chamber of Commerce taking a trip to Holland, Michigan for the Holland Tulip Time Festival. Discussed the possibility of bringing a Proclamation proclaiming Holland, Michigan as Nederland's Sister City. 6. Chief Neal reported on the traffic situation on Nederland Avenue. 7. Mike Lovelady presented the City Council with a brochure concerning the E.P.A.'s rules and regulations. 8. Auction to be held at service center Tuesday, April 29 at 6:00. Dozer owned by Mid County Municipal League will be placed in auction. The meeting adjourned at 7:40 p.m. Homer E. Nagel, Mayor c City of Nederland, Texas ATTEST: i Chris Serre , City Secretary City of Nederland, Texas 1 127 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. May 13, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr, Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of April 22, 1986. All Voted Aye. Mayor Nagel welcomed fourth grade civic students from Highland Park Elementary along with Mr. Dave Coco, Principal, and Mrs. Drake, Social Studies Teacher. Mayor Nagel then introduced the City Council, City Manager and City Secretary and asked each student to introduce himself /herself to the Council. Mayor Nagel presented Mr. Bill Quick with a Proclamation declaring May 11 -17, 1986 as "National Preservation Week ". A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve the Proclamation declaring May 11 -17, 1986 as "National Preservation Week ". All Voted Aye. Mayor Nagel presented Mr. Roy Gonzales with a Proclamation declaring May 12 -18, 1986 as "Knights of Columbus Week" and thanked the Knights of Columbus for their contributions to the City of Nederland. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the Proclamation declaring May 12 -18, 1986 as "Knights of Columbus Week ". All Voted Aye. Mr. Jim Weaver presented the Council with a schedule of events planned for the Summer Recreation Program. Mr. Gene Shepherd, with Greer, Moreland, Fosdick and Shepherd, Inc., spoke to the Council concerning the refinancing of 1982 and 1983 Series City of Nederland General Obligation Bonds. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize the firm of Greer, Moreland, Fosdick, Shepherd, Inc. to investigate the refunding of high interest City of Nederland General Obligation Bonds and to report back to the Council as soon as possible with a firm proposal. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to table receiving report from Klotz /Haile on the E.P.A. project. All Voted Aye. A motion was made by Mr. Bourque and seconded Mr. Nugent to approve a one -time contribution not to exceed $2,500.00 to the S.E.T.R.P.C. for a regional solid waste planning effort. All Voted Aye. Minutes Continued, May 13, 1966 128 A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of Final Estimate in the amount of $9,899.99 to Neild Construction Company for work done to the Nederland Fire Station. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve Estimate No. 22 in the amount of $39,827.78 to G. R. Grier for wastewater treatment plant, Job No. 3W17D. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve payment of Estimate No. 1 in the amount of $12,474.00 to Lupton Painting Company for painting of 5th Street water tank. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to authorize payment of bills for the month of April. All Voted Aye. An Executive Session was called to order at 4:00 p.m. The Council Meeting was called back to order at 4:40 p.m. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to process the bid bond of A. W. Busby Construction Company who was the low bidder for the street overlay project but could not fulfill his obligation. A motion was Mr. Lee and seconded by Mr. Nagel to award the bid for the street overlay project to Clark Construction Company, second lowest bidder, in the amount of $171,600.00. All Voted Aye. There was no discussion or communication in relation to City government in accordance with the Nederland Home Rule Charter and the laws in the State of Texas. I The meeting adjourned at 4:50 P.M. Homer E. Nagel, MayoY City of Nederland, Texas ATTEST: I ^� Chris Serr s, City Secretary City of Nederland, Texas 1 12 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 27, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the May 13, 1986 meeting. All Voted Aye. Opened and read bids received for painting and reconditioning the Service Center and Storage Building. The bids were then referred to the Staff for tabulation and recommendation. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the advertisement for bids to be received June 10, 1986, 3:00 p.m., for 250,000 black garbage bags. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize payment in the amount of $804.00 to Eastwood Construction which is the 5% retainage fee on the 21st Street project, extension of water lines. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve the ' amendment to Ordinance #109 prohibiting the consumption of alcoholic beverages in any public place or in any park in the City of Nederland with the exception of Nederland Recreation Building located in Doornbos Park and for any special event approved by the City Council. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the City Council and City Manager to attend the T.M.L. Institute for Mayors, Council - members and Commissioners June 12 -15, 1986 in Arlington, Texas. All Voted Aye. The Regular Meeting was recessed at 6:50 p.m. and an Executive Session was called to order by Mayor Nagel. Mayor Nagel called the Regular Meeting back to order at 7:10 p.m. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve a Resolution and attached Exhibit authorizing the City Attorney and Special Counsel for the City of Nederland to settle rate cases of Gulf States Utilities Company pending before the P.U.C., being Dockets numbered 6525, 6660 and related consolidated cases. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to table awarding bids received for painting and reconditioning the Service Center and Storage Building. All Voted Aye. Mayor Nagel then recessed the Regular Meeting again at 7:30 p.m. and called the Executive Session back to order. The Regular Meeting was called back to order at 8:50 p.m. Minutes Continued, May 27, 1986 A motion was made by Mr. Lee and seconded by Mr. Nagel to table the Exeuctive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Fence regulations in the City of Nederland. 2. Drainage problem in alley between Franklin and Gary Avenues. The meeting adjourned at 9:00 p.m. Homer E. Nagel, Mayor `` City of Nederland, Texas ATTEST: n Chris Serr s, City Secretary City of Nederland, Texas I� 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 P.M. May 30, 1986 Mayor Homer E. Nagel called the meeting to order at 6:10 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. Mayor Nagel recessed the regular meeting at 6:10 and called an Executive Session to order. The regular meeting was called back to order at 6:40 p.m. Mayor Nagel explained that the City Attorney brought the Council up -to -date on the proposal made by Gulf States Utilities Company relative to the rate request now pending under Public utility Commission Docket No. 6525 and asked the City Attorney to give a brief overview concerning this matter. City Attorney, W. E. Sanderson, explained that the cities have been asked to keep the details of the proposal confidential until all cities have come to some agreement concerning the proposal. A joint press release by all parties would then be issued. Mr. Sanderson explained that basically an agreement was reached that he felt was satisfactory and made a recommendation to the City Council to go along with the offer that was worked out amongst all parties. When all parties are of record an ordinance would be drawn up setting everything in detail and would be submitted to the Council for adoption. Mayor Nagel then asked if there were any questions concerning the proposal. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the Gulf States Utilities settlement proposal as worked out amongst all parties in Docket X16525 for the City of Nederland. All Voted Aye. The meeting was adjourned at 6:45 p.m. Homer E. Nagel, Mayory City of Nederland, Texas ATTEST: Lu' Chris Serres City Secretary City of Nederland, Texas 131 REGULAR MEETING OF THE CITY COUNCIL OF THE 3 2 ' CITY OF NEDERLAND 3:00 P.M. June 10, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. =IJI;. 1R.."grguejiand .• -,_, Mr. R. A. Nugent. Mr. T. E. Lee, Jr. was absent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the May 27, 1986 and May 30, 1986 meetings. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to award the bid for reconditioning and painting the service center and storage shed to REB Industries, Inc. in the amount of $6,600. All Voted Aye. Opened and read bids received for 250,000 platic garbage bags. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to award the bid for 250,000 plastic garbage bags to Adams Industries in the amount of $39.71 per M. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to table taking any action regarding the Planning and Zoning Commission's recommendation on the preliminary plat of Hill Terrace Park. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to approve designating the T.C.M.A. reception a special function as stipulated in Ordinance 11109. The ' T.C.M.A. is to be held June 22, 1986 at the Tex Ritter Park. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize John Bernard to attend the American Water Works Association Conference in Denver, Colorado June 22 -26, 1986. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nugent 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. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: The G.S.U. settlement will be presented to Judge Liz Drews on June 11, 1986 for recommendation to the Public Utility Commission for their final order. The meeting adjourned at 3:22 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serreh, City Secretary City of Nederland, Texas 133 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. June 24, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the minutes of the June 10, 1986 meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve payment in the amount of $10,915.00 for the repair of traffic signals to D & S Enter- prises. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment in the amount of $7,999.00 to Klotz /Haile for engineering and inspection services on the wastewater treatment plant. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to appoint City Officials in accordance with the City Charter from July 1, 1986 to June 30, 1987 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 to appoint Civil Defense Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Emergency Management Coordinator, and Billy Neal, Assistant Coordinator. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Bourque to appoint the follow- ing citizens to the Planning and Zoning Commission: R. J. Williford, C. 0. Williams, Joe Sudela, Billy Quick and Melvin Moss. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve amending Ordinance No. 155 raising the water, sewer and garbage deposit to $100.00 - a $25.00 deposit for water and sewer plus a $75.00 deposit for garbage container. Mayor Nagel, Councilmen Nugent, Sawyer and Lee voted aye. Councilman Bourque voted nay. The motion carried four to one. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize the Mayor to sign an abandonment instrument abandoning a utility easement on the west side of Lot 11 and the rear of Lots 12 and 13, BloCk 10, Airport Subdivision after all letters have been received from the other utility companies stating that all utilities have been removed from the easement. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Broken curb @ Nederland Avenue and Hwy. 347. 2. Contractor adjusting manholes along Nederland Avenue and Boston Avenue to accommodate for the repaving of these streets. 1. q Minutes Continued, June 24, 1986 3. Councilman Bourque reported on the Association of Mayors and Councilmembers Institute in Arlington. 4. Dip in asphalt @ Twin City Hwy. and Boston Avenue. 5. Garbage container on the corner of Franklin Avenue @ 10th Street being left on side of street after 6:00 p.m. 6. Councilman Lee commented on how nice the flower beds looked along Twin City Hwy. There being no further business on the agenda, the meeting adjourned at 8:00 p.m. ATTEST: un'-z Chris Serre pl, City Secretary City of Nederland, Texas ,O� G Homer E. Nagel, Mayoil City of Nederland, Texas ;7 135 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. July 8, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr, and Mr. M. R. Bourque. Mr. R. A. Nugent was absent. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve the minutes of the meeting of June 24, 1986. All Voted Aye. Received comments from the Nederland Historical Society, Nederland Dance Theatre and the Southeast Texas Arts Council. The Nederland Historical Society and the Nederland Dance Theatre, acting through the Southeast Texas Arts Council, requested grant money from the City of Nederland in the amount of $9,000.00. $2,500.00 would be allocated to the Nederland Dance Theatre and $5,000.00 would be allocated to the Nederland Historical Society. Mayor Nagel explained that the Council would have to discuss this request and would make a determination at a later date. A motion was made by Mr. Bourque and seconded by Mr. Lee to approve payment of Estimate No. 1 in the amount of $150,392.75 to Clark Construction, Job No. 9090, ' asphalt overlay. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize an Amendment to Ordinance No. 164 changing the August 12, 1986 City Council meeting time from 3:00 p.m. to 6:30 p.m. All Voted Aye. City Manager, Howard McDaniel, gave a brief overview of the 1986 -87 Annual Budget. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve a Resolution accepting the the City of Nederland General and Revenue Sharing Budgets for the fiscal year beginning October 1, 1986 and ending September 30, 1987 and calling for a public hearing to be held at 6:30 p.m. August 12, 1986. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the payment of the bills for the month of June. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Mayor Nagel commended employees for the excellent job done in cleaning up the City after the storm. 2. A citizen in Songwood Addition requested that the City Council pass a ordinance prohibiting newspaper carriers from marking on the streets with paint. Mayor Nagel felt that since we have not had any other complaints concerning this matter, the Council would not consider an ordinance at this time. 3 (3 Minutes Continued, July 6, lyno The meeting adjourned at 4:35 p.m. Homer E. Nagel, May'of- City of Nederland, Texas ATTEST: r Chris Serre , City Secretary City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 137 CITY OF NEDERLAND 6:30 P.M. July 22, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve the minutes of July 8, 1986. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to table adopting an ordinance authorizing the issuance of City of Nederland, Texas, Permanent Improvement Refunding Bonds, Series 1986; authorizing the redemption prior to maturity of certain obligations; authorizing the purchase of certain securities and the transfer of certain funds; and authorizing the execution of an escrow agreement until the condition of the market stablizes. All Voted Aye. Mayor Nagel introduced Mr. Bob Kruger, the new representative for Liberty Cable T.V. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve payment of Estimate 112 in the amount of $17,123.40 to Lupton Paint Company, elevated storage tower on South 5 Street. All Voted Aye. ' A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve payment of Estimate 112 and final in the amount of $77,237.25 to Clark Construction Company, Job 119090, asphalt overlay project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the advertise- ment for bids to be received August 26 at 6:30 p.m. for one new hydraulic excavator. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize the 1986 driveway program. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to appoint James Neushafer as auditor for fiscal 1986. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize the Mayor to attend Mayoral Ceremonies at the Texas Folklife Festival in San Antonio, Texas, July 30 and 31, 1986. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Restriping approaches on both sides of 27th Street @ Nederland Avenue. 2. Restriping all intersections around the schools. 3. Received an invitation from Governor Mark White to attend the Regional Economic Development Forum, July 30 from 3:00 to 5:00, to be held at the John Gray Institute auditorium to present information about resources and services which our state agencies have developed to strengthen the ability of Texas towns and cities to address the challenges of our changing economy. -r 8 Minutes Continued, July L4, lyrib 4. Members of the Nederland Historical Society informally met with the Council to discuss their request for funds in further detail. The Historical Society is requesting funds from the Hotel /Motel Occupancy Tax. After a full discussion, Mayor Nagel informed the members of the Nederland Historical Society that the City Manager would coordinate between the Nederland Historical Society and the Chamber of Commerce (the Chamber of Commerce is presently receiving 85% of the Hotel /Motel Occupancy Tax) and would report back to the City Council during the budget hearings. There being no further business, the meeting adjourned at 7:35 p.m. ATTEST: Chris Serrea4 City Secretary City of Nederland, Texas omer E. Nagel, MayokV City of Nederland, Texas 1 139 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 12, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the July 22, 1986 meeting. All voted aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve a Proclamation declaring August 17 -23, 1986 as "National Association of Letter Carriers' Week ". All voted aye. Mr. Don King, Klotz /Haile Engineering, presented a summary of the highlights of the traffic engineering study to the Mayor and Council. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the analysis of the traffic signal system within the City of Nederland. All voted aye. Mayor Nagel called the Public Hearing to order at 7:05 p.m. to discuss the ' proposed City of Nederland budget for the fiscal year beginning October 1, 1986 and ending September 30, 1987. J. B. McKinney, City Treasurer, gave a brief overview of the 1986 -1987 proposed budget. Mayor Nagel asked for any questions or comments concerning the budget. Mr. Rothrock questioned the proposed water line rehabilitation. Mayor Nagel explained to Mr. Rothrock that the water fund was an independent, self- supporting, fund and that money was available to do the proposed work. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve Ordinance No. 379 adopting a tax rate of $.62 per $100.00 valuation for the fiscal year beginning October 1, 1986 and ending September 30, 1987 and to adopt the 1986- 1987 budget as proposed. All voted aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to table adopting Ordinance No. 380 closing the alley located in the 300 block of Sixth Street until legal questions concerning the distribution of the property could be answered. All voted aye. Mr. Bob Shields, P.A.T.C.H., Inc., came before the Council to discuss the conveying of Lots 2 and 1, Block 16, organization. Range E, Tract 10, PALCO to the P.A.T.C.H. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to table adopting a Resolution conveying Lots 2 and 7, Block 16, Range E, Tract 10, PALCO to the P.A.T.C.H. organization until some legal questions pertaining to restricted use and insurance could be answered. All voted aye. Minutes Continued, August 12, 19bb 140 A motion was made by Mr. Lee and seconded by Mr. Bourque to approve Ordinance No. 381 suspending Southern Union Gas rate increase request for 90 days contingent upon item number two being changed to read "That in order to reach a determination of the justness, reasonableness, and propriety of such rate increase, the City Council may secure the services of a rate consultant; now, therefore," from "That in order to reach a determination of the justness, reasonableness, and propriety of such rate increase, the City Council will have to secure the service of a rate consultant; now, therefore," and to call a public hearing to be held November 25, 1986 at 6:30 p.m. All voted aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve payment of Estimate No. 3 in the amount of $30,252.60 to Lupton Paint Co. for work completed on the elevated water storage tower on South Fifth Street. All voted aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to approve payment of Estimate No. 1 and Final in the amount of $6,600 to R.E.B. Industrial, painting and reconditioning of the service center and storage building. All voted aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to table authorizing the City of Nederland to enter into an agreement with Pilko and Associates to analyze the City's riverfront property and to develop a marketing strategy. All voted aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to authorize the payment of the bills for the month. of July. All voted aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the executive ' session relating to legal and personnel matters. All Voted Aye. There was no discussion or communication in relation to City government in accordance with the Nederland Home Rule Charter and the laws of the State of Texas. There being no further business, the meeting adjourned at 8:30 p.m. off mer E. Nagel, Mayor V City of Nederland, Texas ATTEST: V? Chris Serre , City Secretary City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 26, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of August 12, 1986. All voted aye. Received comments from Mr. James Weaver regarding the 1986 Summer Recreation Program. Mr. Weaver reported that the 1986 summer recreation program was very successful with 1,120 registrants attending the activities. Howard McDaniel, City Manager, reviewed with the City Council the purpose for funds requested by the Nederland Historical Society and outlined the method of payment which would come from the City of Nederland's portion of the Hotel/ Motel Occupancy Tax. Mr. McDaniel recommended a one -time grant in the amount of $5,000 to the Nederland Historical Society for fiscal 1987 with future grants contingent upon the use and benefit to the City of the first grant. A motion was made by Mr. Lee and seconded by Mr. Nagel to contribute $5,000 directly ' to the Nederland Historical Society as requested on a one -time basis for 1986 -87 budget year and to review any additional requests on a yearly basis. All voted aye. Mayor Nagel called a Public Hearing to order at 6:40 p.m. to determine if a coal handling and storage facility should be allowed to locate on certain land owned by the City of Nederland. Howard McDaniel, City Manager, gave an overview of Pass Petroleum's proposal to locate a coal handling and storage facility on river -front land owned by the City of Nederland. Mr. McDaniel explained that a major advantage of having this facility located in this area would be the creation of jobs. Mayor Nagel then asked for any comments or questions. Mrs. Tom Johnson, 130 6th Avenue, Central Gardens, expressed her concern for having a coal facility located in this area because of the Nursing Home located in the area and because she live across the highway from where this facility would be located. Her main concern was winds blowing coal dust away from the proposed site towards the nursing home and towards the addition where she resides. Mayor Nagel assured Mrs. Johnson that Pass Petroleum met all rules and regulations as required by the E.P.A. He also assured Mrs. Johnson that this proposal was still in the preliminary stages and more studies were to be made. He explained to Mrs. Johnson that the coal was a washed coal and this should prevent any dust. Mr. Joe Sudela, 3112 Avenue A; Mr. Howard Smith, Port Neches; Mr. Johnny Shaw, 1222 Boston Avenue; Mr. John Bamber, 15th Street were all in favor of Pass Petroleum locating on the Nederland owned property and felt that is was a Minutes Continued, August 26, 1986 great opportunity for the City of Nederland. Mayor Nagel asked for any other comments or questions. There being no further discussion, Mayor Nagel again assured everyone present that all environmental rules and regulations would be met. He also explained that the reason Pass Petroleum did not locate in Port Arthur where it first proposed to locate is because the Port Arthur site is being developed for recreational purposes. The land owned by the City of Nederland is not suitable for anything other than the type of industry that has been proposed. Mayor Nagel then asked the City Manager to proceed with plans to visit a coal loading facility south of Baton Rouge. The Public hearing adjourned at 7:05 p.m. Opened and read bids received for one hydraulic excavator. Bids received are as follows: Plains Machinery in the amount of $96,900 and Hiway Equipment in the amount of $85,470. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to refer bids received to the staff for tabulation and recommendation. All voted aye. A motion was made by Mr. Bourque and seconded by Mr. Lee to approve the 1986 appraisal roll as certified by the Jefferson County Appraisal District certifying the 1986 taxable value for the City of Nederland at $347,170,070. All voted aye. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve two amend- ments to Ordinance No. 107 authorizing the removal of traffic signals and appurtenances at the intersections of Tenth Street @ Nederland Avenue and South I 25th Street @ Nederland Avenue; and to erect stop signs at same intersections. All voted aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the Nederland Police Department to escort Nederland High School buses to out -of -town football games. All voted aye. A motion was made by Mr. Bourque and seconded by Mr. Nugent to authorize Jerry McNeill, Emergency Management Coordinator, and Billy Neal, Assistant Coordinator, to attend the Texas Gulf Coast Emergency Management Association Conference in Corpus Christi, Texas September 29 - October 1, 1986. All voted aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All voted aye. There was no discussion or communication in relation to City government in accordance with the Nederland Home Rule Charter and the laws of the State of Texas. There being no further business, the meeting adjourned at 7:45 p.m. omer E. Nagel, Mayoory City of Nederland, Texas ATTEST: Chris Serre , City Secretary City of Nederland, Texas 143 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. September 9, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of August 26, 1986. All voted aye. Received comments from Mrs. Betty Dixon, Executive Manager of the Chamber of Commerce, concerning placement of a wooden shoe memento from the Tulip Time Festival in Holland, Michigan presented to Mayor Nagel from the Mayor of Holland, Michigan. Also discussed the possibility of planting a Community Tulip Garden in the Tex Ritter Park. The garden will be financed by donations of $15 from individuals, businesses, organizations or anyone who would like to participate. A ceremony will be held in the park between December 15 and January 1 and any- one making donations will plant their own garden, with assistance, during the ceremony. The owner of each garden will be recognized by the placement of a marker in the form of a wooden shoe on a stake with the owners name placed on it. Mrs. Dixon also discussed the burial of the time capsule as proposed by the Texas Sesquicentennial Committee. The Committee proposed to bury the capsule in front of the Tex Ritter Memorial. Mrs. Dixon then gave the regular semi - annual museum ' and tourism report for the first six months of this year. There were 2,633 persons visiting the Windmill Museum and 3,025 persons visiting the French House Museum between January and June, 1986. That is an increase of 14.3% as compared with the first six months of 1985. There have been twelve tours through the City of Nederland the first six months of this year with three more already on the agenda. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the plans for the Community Tulip Garden in Tex Ritter Park as presented by Mrs. Betty Dixon and to authorize city participation in the burial of the time capsule by the Texas Sesquicentennial Committee. All voted aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award the bid for one hydraulic excavator to Plains Machinery in the amount of $96,900. Hi -Way Equipments was low bidder, however, because thev bid a demonstrator instead of new equipment as was advertised were not awarded the bid. All voted aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the advertise- ment for bids to be received September 23, 1986 at 6:30 p.m. for street sweeping services. All voted aye. A brief discussion followed concerning the the addition of 18th Street to the street sweeping program. Also discussed was the possibility of including 21st Street in the program in A motion was made by Mr. the near future. Lee and seconded by Mr. Bourque to authorize the advertisement for bids to be received October 14, 1986 at 3:00 p.m. for one new piece of fire equipment. All voted aye. P A Minutes Continued, September v, 19bb L±i 1 A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize the City of Nederland to renew a lease agreement with the Mid - Jefferson County Senior Citizens, Inc. All voted aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to table approving a Resolution supporting a "National Energy Security and Conservation Policy." All voted aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to appoint Pollans and Cohen of Beaumont as rate consultants for the Southern Union Gas rate case contingent upon all others cities also appointing Pollans and Cohen. All voted aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the City Attorney to attend the Municipal Law Seminar presented by the Attorney General in Austin, Texas, September 10 -11, 1986. All voted aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to pay the bill for the month of August. All voted aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All voted aye. Discussion Items: 1. Striping of several streets throughout the city. 2. Clean -up project at sewer plant on Hardy Avenue. 3. Fence around drainage ditch on Hardy Avenue needs replacing. 4. Junk cars parked along streets and in yards: Boston Avenue @ 9th Street; Detroit between 9th and 10th Streets; and 20th Street @ Avenue C. 5. A game very similar to monopoly being produced here in Nederland by C.I. Limited, Nederland, Texas. The game was put together by C & H Printing and they feel there is a market for the game and plan to hire handicapped people to work the assembly line. The meeting adjourned at 4:45 p.m. Mayor Homer E. Nage City of Nederland, Texas ATTEST: Chris Serre , City Secretary City of Nederland, Texas 1 { REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 24, 1986 The meeting was called to order by Mayor ProTem R. A. Nugent at 6:30 p.m. Members present were Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. Members absent were: Mr. H. E. Nagel and Mr. R. D. Sawyer. A motion was made by Mr. Bourque and seconded by Mr. Lee to approve the minutes of the September 9, 1986 meeting. All voted aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve a Proclamation declaring October 6 -10, 1986 as "Minority Enterprise Development Week." All voted aye. Mr. Nugent presented the Proclamation declaring October 6 -10, 1986 as "Minority Enterprise Development Week" to Mrs. Vivian LeJune with Minority Enterprise Development of Beaumont. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve a Proclamation declaring October 12 -18, 1986 as "Knights of Columbus Week." All voted aye. Mr. Nugent presented the Proclamation declaring October 12 -18, 1986 as "Knights of Columbus Week" to Mr. Jimmy Lavergne, Grand Knight, Knights of Columbus. ' Opened and read bids received for street sweeping services. Bidders were as follows: Superior Parking Lot Services, $672 per month and Northwest Sweeping, Inc., $999 per month. A motion was made by Mr. Lee and seconded by Mr. Nugent to award the bid for street sweeping services to Superior Parking Lot Services in the amount of $672 per month. All voted aye. A motion was made by Mr. Bourque and seconded by Mr. Lee to authorize the advertise- ment for bids to be received October 14, 1986 at 3:00 p.m. for two new police cars. All voted aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize the advertisement for bids to be received October 14, 1986 at 3:00 p.m. for one new air compressor and accessories. All voted aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize payment of Estimate No. 4 and final in the amount of $2,557.25 to Lupton Paint Company, painting of water tower on South 5th Street. All voted aye. Ms. Donna Duncan, 1411 Marshall, spoke to Council concerning an amendment to Ordinance No. 134 regulating noise within the City limits of Nederland. She was concerned as she keeps a dog in her backyard for protection and a complaint was recently filed against her because of her barking dog. Ms. Duncan seemed to feel that the ordinance was directed at her particular situation. The City Manager explained that the intent of the ordinance was for dogs that created a nuisance not dogs used for protection. 1 46 Minutes continued, September Li, 196b A motion was made by Mr. Bourque and seconded by Mr. Nugent to approve a amendment to Ordinance 134 regulating noise within the City limits of Nederland. Mr. Nugent and Mr. Bourque voted aye; Mr. Lee voted no. A motion was made by Mr. Bourque and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All voted aye. There were no discussions or communications in relation to City government in accordance with the Nederland Home Rule Charter and laws of the State of Texas. There being no further business, the meeting adjourned at 6:55 p.m. R. A. Nugent V Mayor ProTem City of Nederland, Texas ATTEST: Chris Serregf, City Secretary City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. October 14, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of September 23, 1986. All voted aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize the adjustment of a pipeline easement across former Sun Marine Terminals property, adjacent to the Mid County Municipal League Landfill contingent upon the legal description for that property being submitted to the City Manager and to give the City Manager authority to act on the City Council's behalf. All voted aye. Mr. Mike Weaver, Vice President of Greer, Moreland, Fosdick and Shepherd, updated the City Council concerning the issuance and sale of the refunding bonds. Mr. Weaver also explained to the Council that because Greer, Moreland, Fosdick and Shepherd were acting as a principal in this transaction, and not as the City of Nederland's financial advisor, his firm would have to ' resign from the position of financial advisor for this transaction only to avoid any possible conflicts of interest that would be involved in changing from financial advisor to a principal. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept the resignation of Greer, Moreland, Fosdick and Shepherd as financial advisors for the City of Nederland. All voted aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve Ordinance No. 382 authorizing the issuance and sale of refunding bonds (including approval of escrow agreement, paying agent registrar agreement, official statement, bond purchase agreement, and acquisition of United States Treasury Securities to provide for the defeasance of refunded bonds) and authorizing such actions as may be required to provide for the issuance of the refunding bonds and the defeasance of the refunded bonds. All voted aye. Mayor Nagel called for a recess at 3:25 p.m. The meeting was called back to order at 4:00 p.m. Received comments from Mrs. Lurlene Glidewell concerning Zoning Ordinance No. 146. Mrs. Glidewell is interested in opening a business at 188 Hill — terrace Drive, however, because of the stipulation in the Zoning Ordinance pertaining to the type of surface required for parking lots (concrete or asphalt), she feels she will not be able to open her business due to lack of funds to have the parking lot surfaced. She asked the Council for a variance to this Ordinance. Mayor Nagel explained to Mrs. Glidewell that the Council did not have the authority to grant variances to any ordinance, but that she could go before the Zoning Board of Appeals to present her grievance. minures uonLlnuea, ucrouer 14, IV6b A motion was made by Mr. Nagel and seconded by Mr. Bourque to direct the City Manager and staff to conduct a study of the provisions in Ordinance No. 146 concerning non - dusting materials for parking lots and to report back to the Council during the October 28th meeting. All voted aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve the quit claim deed and resolution conveying Lots 2 and 7, Block 16, Range E, Tract 10, PALCO, to the P.A.T.C.H. organization. All voted aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize an agreement with the City of Port Neches pertaining to the Mid County Municipal League Landfill. All voted aye. Opened and read bid for one new air compressor and accessories. Bids were as follows: Heatley Equipment Company, $8,753.69, 4 -6 weeks delivery; Kinco, Inc., $6,711.00, 1 -4 weeks delivery. A motion was made by Mr. Nugent and seconded by Mr. Bourque to refer the bids received for one new air compressor and accessories to the City Manager and staff for tabulation and recommendation. All voted aye. Opened and read bids received for one new ladder truck for the Fire Department. Bids were as follows: Ladder Towers, Inc., $284,646., 300 working days; Martin Apparatus and Equipment, $287,851., 365 working days. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to refer the bids received for one new ladder truck for the Fire Department to the City Manager and staff for tabulation and recommendation. All voted aye. Opened and read bids received for two new police cars. Bids were as follows: ' Philpott Ford, Crown Victoria, $24,187.36, 60 to 120 days delivery; J. K. Chevrolet, Caprice, $23,600.48, 60 to 90 days delivery; Chevy Land, Caprice, $22,700. A motion was made by Mr. Lee and seconded by Mr. Sawyer to refer the bids received for two new police cars to the City Manager and staff for tabulation and recommendation. All voted aye. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize the advertisement for bids to be received November 11, 1986 at 3:00 p.m. for two new pickup trucks. All voted aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to authorize the payment of the bills for the month of September. All voted aye. A motion was made by Mr. Nagel and seocnded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All voted aye. Mr. Rothrock had various complaints about the conditions of streets in the City of Nederland. The majority of these streets were those just completed in the last street program. Discussion Items: 1. Street light out - corner of 30th Street @ Helena Avenue. 2. Poor drainage - 2108 Avenue L, also corner of 27th Street @ Avenue H. 3. Street sign down - 17th Street @ Helena Avenue. Minutes Continued, October 14, 1986 Discussion Items (Cont.): 4. Regional Planning Commission meeting to be held Wednesday, October 15 at 7:00 p.m. There being no further business, the meeting adjourned at 4:55 p.m. ATTEST: uo "�' Chris Serre , City Secretary City of Nederland, Texas 1 4 � Homer E. Nagel, 99yor City of Nederland, Texas 149, 150 REGULAR MEETING OF THE CITY COUNCIL OF THE A motion was made by Mr. Lee and seconded by Mr. Bourque to award the bid for two new police cars to J. K. Chevrolet in the amount of $24,150.48. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to approve amending Ordinance No. 107 removing "no parking" signs on Hardy Avenue from the drainage ditch to Avenue B. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to approve tabling the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Mrs. Lorina Spires presented Chief Lovelady and the Nederland Fire Department with a certificate of appreciation for their assistance during the Juvenile Diabetes Foundation Walk -a -thon. 2. Lucas Papania, representative for neighbors in the 300 block of Gage Street, expressed concern for the proposed counseling center to be built on property donated to the P.A.T.C.H. organization by the City. Mayor Nagel explained to Mr. Papania and others present that the center would be used only as an information or counseling center for parents and their children to learn about drugs and drug abuse and not for any type of half -way house or temporary lodging for actual drug addicts. After hearing the Mayor's explanation, the group said they would welcome a center such as the proposed one as long as it was not used for a half -way house. 4. Discussed proposed amendment to Ordinance No. 146 concerning the non- dusting portion of this ordinance. The Zoning Board of Appeals felt that the non - dustin provision of the ordinance should be relaxed. After a full discussion, the general feeling was that the ordinance should be left as is in view of the fact that the City has not had enough requests to justify a change to the ordinance. CITY OF NEDERLAND 6:30 P.M. October 28, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. T. E. Lee, Jr. and Mr. M. R. Bourque. Members absent were Mr. R. A. Nugent and Mr. R. D. Sawyer. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve the minutes of the meeting October 14, 1986. All Voted Aye. Mr. and Mrs. Brauninger, Scout Masters, and Pack 132 attended the City Council meeting. The scouts in attendance are working towards their citizenship badge. A motion was made by Mr. Lee and seconded by Mr. Nagel to award the bid for one new air compressor with accessories to Kinco Inc. who was low bidder in the amount of $8,300.45. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Lee to award the bid for one new ladder truck for the Fire Department to Pierce, Inc. in the amount of $287,851.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to award the bid for two new police cars to J. K. Chevrolet in the amount of $24,150.48. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to approve amending Ordinance No. 107 removing "no parking" signs on Hardy Avenue from the drainage ditch to Avenue B. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to approve tabling the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Mrs. Lorina Spires presented Chief Lovelady and the Nederland Fire Department with a certificate of appreciation for their assistance during the Juvenile Diabetes Foundation Walk -a -thon. 2. Lucas Papania, representative for neighbors in the 300 block of Gage Street, expressed concern for the proposed counseling center to be built on property donated to the P.A.T.C.H. organization by the City. Mayor Nagel explained to Mr. Papania and others present that the center would be used only as an information or counseling center for parents and their children to learn about drugs and drug abuse and not for any type of half -way house or temporary lodging for actual drug addicts. After hearing the Mayor's explanation, the group said they would welcome a center such as the proposed one as long as it was not used for a half -way house. 4. Discussed proposed amendment to Ordinance No. 146 concerning the non- dusting portion of this ordinance. The Zoning Board of Appeals felt that the non - dustin provision of the ordinance should be relaxed. After a full discussion, the general feeling was that the ordinance should be left as is in view of the fact that the City has not had enough requests to justify a change to the ordinance. Minutes Gontinuea, uccoDer zo, ivou There being no further business, the meeting adjourned at 7:25 p.m. ATTEST: Chris Serr s, City Secretary City of Nederland, Texas 1 1 4l"",,�. _ ��o - Homer E. Nagel, MayOr City of Nederland, Texas 151 152 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. November 11, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the October 28, 1986 meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize a Public Hearing to be held November 25, 1986 at 6:30 p.m. relative to the Southern Union Gas rate request. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve an amendment to Ordinance X1187, Emergency Management Ordinance, establishing a program including mitigation, preparedness, response and recovery phases of comprehensive emergency management, acknowledging the appointment of emergency management director and coordinator and setting forth duties thereof and granting all necessary powers to cope with all phases of emergency management which threaten life and property in the City of Nederland. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve an amendment to Ordinance #307 which provides for flood damage prevention in the City of ' Nederland. All Voted Aye. Opened and read bids received for two new pickup trucks. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Bourque to authorize City employees to observe December 25 and 26 as official holidays for 1986. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to authorize the payment of the bills for the month of October, 1986. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Striping various streets throughout the City. 2. Don Riechle, with the help of the Chamber of Commerce, will decorate the water tower off of Canal Avenue for the Christmas holidays again this year. 3. Knights of Columbus will hold a City of Nederland employee appreciation gumbo November 22, 1986 beginning at 6:30 p.m. 4. A Mid County Municipal League meeting will be held Wednesday, November 19 at 5:00 p.m. Minutes Continued, November 11, 1986 There being no further business, the meeting adjourned at 4:40 p.m. ATTEST: �"- ?.9 Chris Serres, City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas 154 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 25, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of November 11, 1986. All Voted Aye. Mayor Nagel called a Public Hearing to order at 6:35 p.m. Howard McDaniel gave a brief overview of the rate increase request as presented by Southern Union Gas Company. Mayor Nagel then took a moment from the Public Hearing to introduce Troop 53 of the First United Methodist Church who was visiting the Council meeting. Mayor Nagel then asked for comments and /or questions from the citizens in attendance concerning the rate increase requested by Southern Union Gas. Mr. Robert Rothrock, 507 Boston Avenue, was opposed to giving any increase to Southern Union Gas. Mr. Robert L. Anderson, Vice President of Southern Union Gas, spoke concerning ' the rate increase request and pointed out that even with this increase the average customer's bill would still be about 20% less than it was this time last year due to the decrease in natural gas prices. Mr. Anderson also stated that the increase request was due to an increase in operating cost. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve Ordinance No. 383 setting new rates to be charged by Southern Union Gas Company. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table receiving comments from Mr. R. L. Diaz, Sr. of 2916 West Boston Avenue due to Mr. Diaz not attending the Council meeting. All Voted Aye. The Public Hearing adjourned at 6:55 p.m. Mayor Nagel called an Executive Session to order at 7:00 p.m. The regular meeting was called back to order at 7:25 p.m. A motion was made by Mr. Nagel and seconded by Mr. Nugent to hire Don Butler and Jack Pose as experts to assist the City of Nederland with the Gulf States Utilities rate increase request filed November 18, 1986. All Voted Aye. Mayor Nagel than gave an overview of the reasons for hiring the experts in the Gulf States Utilities Company rate increase request and explained that the City needs the experts' advice before making any type of decision. Mayor Nagel then asked for comments and /or questions from the citizens in attendance. 1 1 D minutes uontinuea, ivovemoer LD, i7oo 155 Mr. Dennis Bourque, LaPlace Apartments, commented that he felt the City should hire experts to study Gulf States Utilities financial position and to advise whether or not it is necessary to grant their request for an increase. Mr. Robert Rothrock commented that he was against giving any type of increase to Gulf States Utilities Company. Mr. Ron McKenzie, Division Vice President, Gulf States Utilities Company spoke concerning the rate increase request. Mr. McKenzie asked that a decision be reached as soon as possible on the emergency relief increase request in the amount of $82 million to help alleviate some of the problems the Company is experiencing. Mrs. Dennis Bourque, LaPlace Apartments, had questions concerning the hiring of Don Butler and Jack Pose. Mrs. Bourque suggested that the Council hire Mr. Jim Boyles to study the request made by Gulf States Utilities. Mayor Nagel explained to Mrs. Bourque that Mr. Boyles is an attorney and not a consultant and that is the purpose for hiring Mr. Butler and Mr. Pose. Mr. Pose is a rate consultant and Mr. Butler is an attorney and both have a considerable amount of experience dealing with rate cases. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve Ordinance No. 384 suspending the proposed rate change by Gulf State Utilities Company and to set a Public Hearing to be held December 16, 1986 at 6:30 p.m. at the Nederland City Office Building to consider Gulf States Utilities Company recent rate increase request. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve applications received for "on premise" consumption of alcoholic beverage in accordance with Ordinance No. 70 as follows: Mazzio's Pizza Peggy's Seafood Taco Rey Mexican Restaurant Mr. Gatti's Pizza La Suprema Mexican Restaurant Club 493 of the American Legion All Voted Aye. Irene's Lounge The Schooner J. Marie's Linders Bar -B -Q Pizza Inn Italian Restaurant and Flying Pizza A motion was made by Mr. Bourque and seconded by Mr. Lee to award the bid for two new 1987 pick -up trucks to J.K. Chevrolet in the amount $15,859.86. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to place an item on the next agenda concerning the pay of the school- crossing guards. All Voted Aye. There being no further business, the meeting adjourned at 8:15 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, May r City of Nederland, Texas 15� REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. December 9, 1986 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of November 25, 1986. All Voted Aye. Mayor Nagel awarded services to the following employees: Council: R. A. "Dick" Nugent - 20 years service; T. E. Lee, Jr. - 20 years service; Legal Staff: W. E. Sanderson - 20 years service, Melvin Franks - 25 years service; Street Department: Monroe Malke - 30 years service; Yves Van Brocklin - 20 years service; Water Department: D. J. Marchand - 20 years service; Allen Apshire - 20 years service; Henry Pedraza 20 years service; Parks Department: Kenneth Meaux - 20 years service; and Library: Barbara Newberry - 20 years service. Mayor Nagel commended the employees for their service with the City and expressed appreciation for the dedication these employees have shown to the City. A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve an amendment to Ordinance No. 164 changing the December 23, 1986 Council Meeting to December 16 at 6:30 p.m. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept and to authorize payment for the fiscal 1986 audit as prepared by Mr. James Neushaffer. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to approve a salary adjustment in the amount of $10 per month for school - crossing guards. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Sawyer to appoint Mike Bourque and Howard McDaniel to serve on the Solid Waste Advisory Committee for the purpose of seeking alternate methods of disposal of solid waste. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve payment of the bills for the month of November. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion: 1. P.U.C. meeting to be held Friday, December 12, 1986 concerning multi - jurisdiction regulation of Gulf States Utilities. 2. Mr. Lee reported that the Chamber of Commerce had a booth at the "Dickens- on- the - Strand" in Galveston. Minutes uontlnuea, Uecemoer y, you There being no further business, the meeting adjourned at 3:35 p.m. 1 ATTEST: b��� Chris Serres, I City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas 1571 158 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 16, 1986 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of December 9, 1986. All Voted Aye. W . E. Sanderson, City Attorney, gave a brief overview of Resolution 1986 -7 stating that this Resolution consolidates Dockets 416755 and 417195 and authorized the City of Nederland to intervene in Gulf States Utilities rate increase request, Docket 417195. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve Resolution 1986 -7, consolidating Dockets 416755 and 417195 and giving the City authorization to intervene in Gulf States Utilities Company rate increase request, Docket 417195. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve applications for sale of alcoholic beverages for "on premise" consumption in accordance with Ordinance No. 70 as follows: Mazzio's Pizza Irene's Lounge ' Peggy's Seafood The Schooner Taco Rey Mexican Restaurant J. Marie's Mr. Gatti's Pizza Linder's Bar -B -Q LaSuprema Mexican Restaurant Pizza Inn Club 493 of the American Legion Italian Restaurant and Flying Pizza All Voted Aye. Mayor Nagel call a Public Hearing to order at 6:40 p.m. for the purpose of considering Gulf States Utilities interim rate increase request filed Novem- ber 18, 1986. Mayor Nagel asked for questions and /or comments and explained that there would be a specific format followed in receiving questions and comments beginning with Gulf States Utilities Company representatives, then receiving comments from Mr. Pous, rate expert and finally from the citizens. Mr. Mike Judice, District Representative for Gulf States Utilities, gave an overview as to what the average residential customer would pay if the emergency rate increase in the amount of $82,000,000 is granted. Mr. Judice pointed out that the average residential customer is now paying $68 per 1000 kilowatt hours and if the increase were to be granted, that same customer would pay $75 per 1000 kilowatt hours. Mr. Judice also said that if the emergency rate increase was not granted, Gulf States Utilities would not be able to meet the debts they have incurred. He asked that the Council act prudently and expediently on their request for rate relief. ninuLes uonLinueu, ueceuioer io, i7oo Mr. Gothia, 785 Vivian, Bridge City, Representative for C.U.R.A. (Concerned Utility Ratepayers Association) stated that he felt the cities had no obligation to grant an interim rate increase to Gulf States Utilities. W. E. Sanderson, City Attorney, asked that the council proceed with taking comments from the citizens as the rate consultant was detained in another meeting and was not able to give testimony at this time. Mayor Nagel then asked for comments from citizens. Mr. Joe Simpson, 412 S. 2nd Street, employee of Gulf States Utilities, told the Council that he felt in order to continue receiving the same good standard and high quality of service from Gulf States Utility Company, the Company must be granted the interim rate increase and asked that the Council act in a positive manner in granting the request. Mr. Robert Rothrock, 507 Boston Avenue, expressed his concern for the position that Gulf States Utilities Company was in but stated that his main concern was for persons like himself on fixed incomes. Mr. 0. J. Boutte, 2215 Avenue G, stated that the senior citizens can not afford another increase in their utilities and asked that the rate increase request not be granted to Gulf States Utilities Company. Mr. Howard Lowery, 3611 Avenue L, said that he was opposed to granting any in- crease until Louisiana grants an increase to Gulf States Utilities Company. Mr. Bert Rodgers, 1011 Louise, employee of Gulf States Utilities, told the Council ' that Gulf States was in need of a rate increase in order to continue to give the quality of services its customers are accustomed to receiving. Mr. Bill Weatherford, 312 Avenue F, employee of Gulf States Utilities Company, told the Council that Gulf States Utilities Company was in need of help and asked the Council to act prudently either in granting the rate increase request or denying the request so that the request may be taken to the Public Utility Commission. Mr. Weatherford asked the Council not to suspend Gulf States' request any longer. Mayor Nagel called a recess in the meeting at 7:10 p.m. in order to await upon the arrival of Mr. Jacob Pous, rate expert. The meeting was called back to order by Mayor Nagel at 8:05 p.m. W. E. Sanderson, Attorney, introduced Mr. Jacob Pous, rate expert, outlining Mr. Pous' credentials and previous experiences with rate cases. Mr. Pous reported to the Council that he was still in the process of investigating whether or not Gulf States Utilities Company was in need of an increase but that he had identified a number of areas in which large amounts of cash are potentially available to Gulf States Utilities Company. Mr. Pous recommended to the Council to postpone any decision until approximately the first week of January which would give him time to complete a full report on all options and a chance to talk with officials of Gulf States Utilities Company to see if there were any problems with the options proposed. Mayor Nagel then asked for questions from the citizens concerning Mr. Pous' report and /or recommendation. -I Ss bh^ O riinuces Vonulnuea, uecemoer lo, iybu A Mr. Pous answered questions from several citizens concerning the options available to Gulf States Utilities Company instead of a rate increase. Councilman Bourque asked Mr. Pous if he had studied the claim of bankruptcy made by Gulf States Utilities Company. Mr. Pous explained that theoretically if Gulf States needs the cash and does not get it, that would represent bankruptcy. On the other hand, if they have other sources of cash available to meet their payments then there would be no bankruptcy. Determining whether the Company has other sources of cash available is what he (Mr. Pous) is in the process of studying. Mr. Bourque then asked Mr. Pous if he felt that delaying our decision on the rate increase request would have an immediate affect on Gulf States Utilities Company. Mr. Pous stated that he felt it would have no affect on Gulf States Utilities Company. The Public Hearing adjourned at 8:45 p.m. Mayor Nagel thanked everyone for attending the Public Hearing and apologized for the delay in the meeting. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to take the advice of Mr. Jacob Pous, rate expert, to delay making a decision on the rate increase request until the first week of Janaury in order to give him an opportunity to further investigate options of Gulf States Utilities Company regarding the rate increase request and to meet with officials of Gulf States Utilities Company concerning the options. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion: 1. Meeting to be held at the Beaumont Civic Center Thursday at 2:00 p.m. with Texas and Louisiana Mayors relative to the Gulf States Utilities Company rate increase request. There being no further business, the meeting adjourned at 8:55 p.m. �h Lam_ Homer E. Nagel, MaydY City of Nederland, Texas ATTEST: U I i Chris Serre , City Secretary City of Nederland, Texas 1611 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. January 13, 1987 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., and Mr. M. R. Bourque. Mr. R. A. Nugent was absent. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to approve the minutes of the December 16, 1986 meeting. All Voted Aye. Mayor Nagel presented the Spindletop Cougars with a Proclamation declaring January 13, 1987 as "Spindletop Cougars Day" in honor of the Cougars winning the South Texas Regional Soccer Championship. Mayor Nagel told the group that it was a great honor to have the Cougars representing the City of Nederland. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the Proclamation declaring January 13, 1987 as "Spindletop Cougars Day" in Nederland, Texas. All Voted Aye. Mr. Bob Mason, Executive Director of Port Arthur Housing Authority, asked the Council to open Nederland to Section 8 Housing Existing Program. After a full discussion as to how the Section 8 Existing Program works, Mayor Nagel asked Mr. Mason to provide a copy of the regulations as specified by H.U.D. along with names of landlords that are currently participating in the Section 8 Program. Mayor Nagel then told Mr. Mason that the Council would meet with him at a later date after they have had a chance to conduct a study concerning the Section 8 Housing Program. All Voted Aye. Howard McDaniel, City Manager, explained to the Council that due to the fact that Mr. Butler has been involved with the G.S.U. case from the very beginning and he is representing the City in all other aspects of the case, permission was being asked to hire Don Butler to represent the City as intervenors in the Gulf States Utilities' appeal to the Public Utilities Commission's ruling that G.S.U. could not pass on the cost of the Southern Contract to the rate payer. Mayor Nagel added that the cost of the intervention would probably be no more than $10,000. with each city involved paying a pro -rata share of the cost. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to hire Don Butler to represent the City of Nederland in the appeal of the G.S.U. /Southern Contract and to pay the City's pro -rate share of the cost of the intervention. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to appoint Mr. W. E. Sanderson to a steering committee to serve as liaison between Don Butler and area city councils relative to G.S.U. rate increase request, Docket No. 7195. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to authorize the City Council and various department heads to attend the Emergency Management Conference in Austin, February 17 -19, 1987. All Voted Aye. y 6 2 riinurer, uontinuea, January ii, ivb/ A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the payment of bills for the month of December. All Voted Aye. Dexter Joyner, Delinquent Tax Attorney, was unable to attend the Council meeting and asked to be rescheduled at a later date to discuss delinquent taxes with the Council. Discussed possible lease agreement for the use of public property but no action was taken. Attorneys are still working on the agreement. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Bourque asked the City Manager to invite Mr. Jack Treaster of the Housing Authority to attend the next City Council meeting so the Council could get more information concerning the Section 8 Program 2. Various stop signs need to be replaced. 3. Proposed to conduct a study as to the cost of putting a walkway around the park located on the corner of Boston Avenue and Ninth Street for the Senior Citizens. 4. Discussed various meetings and seminars to be held during the month of January. There being no further business, the meeting adjourned at 4:45 p.m. ,��rn,i. -• -{�/ /COQ Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas 1 163 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. January 27, 1987 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the January 13 meeting. All Voted Aye. Mr. Mike Blanchard, Business Manager for I.B.E.W. Local 479, along with Mr. Jack Kennedy and Mr. Dan Hetzel, spoke to Council concerning the lease agree- ment between the City of Nederland and Pass Petroleum. Their concerns were for assuring that local contractors would be considered for work relating to the Pass Petroleum project. Mayor Nagel expressed to Mr. Blanchard the Councils' concern for the area citizens and explained to Mr. Blanchard that one stipulation in the lease agreement between Pass Petroleum and the City of Nederland was to employ at least fifty persons full time. An ordinance was presented to the Mayor and Council for the removal of the traffic signal at the intersection of Highway 347 and Avenue B. The City Manager explained to the Mayor and Council that a study had been made and showed that the traffic flow on Twin City Hwy. would be vastly improved with the removal of the traffic signal. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve an amendment to Ordinance No. 107 removing the traffic signal at the intersection of Highway 347 and Avenue B. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to authorize the execution of a lease agreement between Pass Petroleum and the City of Nederland and to authorize the Mayor and City Secretary to execute the agreement. All Voted Aye. Tom Hicklin, Safety Officer, presented the Annual Safety Report to the Mayor and Council. The Fire Department was presented with safety awards for keeping that department accident -free in 1986. Scouts from Troop 422 visited the Council Meeting. They were working towards receiving their Communications Merit Badge. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Timing of the traffic signal at Nederland Avenue @ 27th Street needs to be checked. 1 fa [#Minutes Rontinued, January 27, 1987 2. Corner of Avenue H @ 12th Street - fence blocking view of oncoming traffic. 3. The Veteran of Foreign Wars approached the City Manager asking that the City purchase and display a flag recognizing the P.O.W.'s and M.I.A.'s. There being no further business, the meeting adjourned at 8:05 p.m. Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: t Chris' Serres, City Secretary City of Nederland, Texas 1 1 165 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 10, 1987 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the January 27, 1987 meeting. All Voted Aye. Mayor Nagel presented Rudy Saucedo with a Proclamation declaring February 22 -28, 1987 as "National Engineers' Week" in Nederland, Texas. Mr. Saucedo thanked the Council for their support. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the Proclamation declaring February 22 -28, 1987 "National Engineers' Week" in Nederland, Texas. All Voted Aye. Received comments from Mrs. Betty Maggio concerning the drainage problems on South 36 Street. Mrs. Maggio's grievance was concerning the depth of the ditches in front of her property. She proposed to the Council that a study be made concerning the culverting of all ditches with a depth greater than 1j' with the City bearing the expense. Mrs. Maggio was of the opinion that ditches with a depth greater than 1j' could not be properly maintained by the property owner thereby causing additional expenses to be placed on taxpayers and were also health hazards. She felt that placing culverts in the ditches would eliminate these problems. Mayor Nagel explained to Mrs. Maggio that the City is doing everything possible to alleviate the drainage problems in that area. Mayor Nagel also explained to Mrs. Maggio that it is City policy to place culverts in ditches with a depth of 36" or more with the City bearing the expense but that 15" tile was the standard size tile used throughout the City and the expense would be too great to culvert all ditches required to use this size tile. Howard McDaniel, City Manager, suggested that a study could be made by the staff as to the number of ditches with a depth greater than 1}' and the approximate cost to culvert these ditches. The staff would report back to the Council when the study was completed. Mayor Nagel authorized the City Manager and staff to conduct the study and informed Mrs. Maggio that the staff would report the findings to her once the study was complete. Howard McDaniel, City Manager, reported to the Mayor and Council the study made concerning extending the Section 8 housing program into the corporate City limits of Nederland. Mr. McDaniel reported that while there was probably a need for such a program, he felt the Council should deny this request due to the fact that Nederland residents could not be guaranteed first preference for subsidized housing within the city limits of Nederland over persons living outside the city limits who could not be precluded from the program. In addition, there would be no representation of the City of Nederland on the Port Arthur Housing Authority Commission as they are appointed by the Port Arthur City Council. 6 6 Minutes Continued, February 10, 1987 Mayor Nagel stated that he also felt that it was in the best interest of the City of Nederland to deny the request based on past considerations involving the City of Port Arthur. Mayor Nagel was of the opinion that the City of Nederland should not allow the City of Port Arthur to have control over functions within the corporate limits of the City of Nederland. A motion was made by Mr. Nugent and seconded by Mr. Nagel to deny the request made by the Port Arthur Housing Authority to extend the Section 8 housing program into the corporate City limits of Nederland based on the information as presented by the City Manager. All Voted Aye. Mayor Nagel thanked Mrs. Mills and Mr. Mason for providing the information needed to conduct the study. Mr. Mason thanked the Council for their considera- tion and said he would be happy to help the City in the future in the event the City decided to incorporate such a program. A motion was made by Mr. Lee and seconded by Mr. Sawyer to table authorizing payment to Moore, Landrey, Garth and Jones in the amount of $7,450.00 for legal services rendered in David M. Cummings vs. Texaco, Inc. due to the fact that the insurance carrier has not yet answered questions concerning this case. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the request from the Jefferson County Mosquito Control District to fly at low levels for the purpose of controlling mosquitoes within the City limits of Nederland. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to approve the "order calling election," providing for an election to be held April 4, 1987 for the purpose of electing two councilmen; one for Ward I and one for Ward III. All Voted Aye. Mr. and Mrs. Richardson requested that the City adopt an ordinance dealing with vicious dogs and consider fines in excess of $500 for violations of this ordinance. The Richardsons provided newspaper clippings, magazine articles and a video tape pertaining to the pit bull breed of dogs and vicious attacks on persons made by these dogs. Mayor Nagel thanked the Richardsons for their comments and explained to the Richardsons that the Council could not take any action concerning their request as the request was not made prior to the Council meeting date. Mike Lovelady, Fire Chief, presented the 1987 Annual Fire Report to the Council. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve the bills for the month of January. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the attorneys to proceed in District Court to pursue the interim rate relief as set by the Public Utility Commission on appeal if necessary. Four ayes, one no -- motion carried four to one. Discussion Items: 1. Sign down - corner of South 14th Street @ Avenue A. 2. Councilmen Lee requested that a letter be sent to Mrs. Rachley of 1602 Helena Avenue recognizing her contribution to the beautification of the City. ..iuu�ca uviL —LUcu, rtwLuary iV, i`Jtf/ Discussion Items (Cont.) 3. Street sign down - corner of 36th Street @ Nederland Avenue. There being no further business, the meeting adjourned at 5:25 p.m. ATTEST: /A Chris SerrAs, City Secretary City of Nederland, Texas 1 u Homer E. Nagel, Mayo ^� City of Nederland, Texas 167 168 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. February 24, 1987 The meeting was called to order by Mayor Homer E. Nagel at 6:30 P.M. Members present were Mr. H. E. Nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of February 10, 1987. All Voted Aye. Mayor Nagel welcomed Boy Scout Troop 232 who were visiting the City Council meeting as a requirement in obtaining a Citizenship Merit. Received comments from Mr. Robert Rothrock, 507 Boston Avenue, concerning Gulf States Utilities' rate case. Mr. Rothrock felt that hiring attorneys relative to the rate case was wasting the ratepayer's money and wanted to see the case come to an end. Mayor Nagel thanked Mr. Rothrock for his comments. Howard McDaniel, City Manager, briefed the Council on reasons for requesting an amendment to Ordinance No. 164. Mr. McDaniel explained that the returns from the April 4 election had to be canvassed within a six day period, therefore, the first City Council meeting of the month would have to be held by April 7 in order to accommodate this requirement. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the amendment to Ordinance No. 164 changing the regularly scheduled April 14 Council Meeting to April 7 in order to accommodate the requirement of canvassing election returns within a six -day period. All Voted Aye. Howard McDaniel, City Manager, briefed the Council on reasons for requesting an amendment to Ordinance No. 134. Mr. McDaniel explained that the amendment was in response to Mrs. Richardson's request to have stricter fines assessed to dogs who have previously attacked or bitten a person. The present ordinance sets fines at not less than one dollar ($1.00) nor more than one hundred dollars ($100.00), as determined by the Judge of Corporation Court of the City of Nederland. The amendment assesses fines at not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for violations to the amended provision of this ordinance. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve amending Ordinance No. 134 allowing stricter fines to be assessed to dogs who have previously attacked or bitten a person. 4 Ayes - 1 No, motion carries four to one. A motion was made by Mr. Nagel and seconded by Mr. Bourque to table the Executive Session relating to legal and personnel matters. Minutes Continued, February 24, 198/ 1 6 9 Discussion Items: 1. Howard McDaniel, City Manager, reported to the Council that in response to a request made by a citizen who resides on South 36th Street, a study was made concerning the culverting of ditches with a depth in excessive of 1J'. The study indicated that there is 49.8 miles of open ditch that would require 15" culvert and approximately 2} miles of open ditch that would require 24" culvert. Considering labor, equipment, fill dirt and pipe, the cost would be between $3 -3} million dollars to fund this project. 2. Howard McDaniel reported that the Solid Waste Advisory Committee composed of Representatives from Water District 10, Groves, Nederland and Port Neches met to review proposals from twelve different engineering firms with regard to a feasibility study for an alternate means of solid waste disposal. The field was narrowed down to eight consulting firms and have established a schedule for personal interviews with these firms to be held March 11 and March 18. The Advisory Committee will report back to the Council after the personal interviews are completed. 3. Scouts asked various questions in relation to City Government. There being no further business, the meeting adjourned at 7:35 p.m. 'llomer E. Nagel, Mayor City of Nederland, Texas ' ATTEST: %J I. Chris Serres, City Secretary City of Nederland, Texas 170 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. March 10, 1987 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. T. E. Lee, Jr., and Mr. M. R. Bourque. Mr. R. D. Sawyer was absent. Mayor Nagel welcomed the Historical Society from Highland Park Elementary. Mrs. Marie Fleming and Mrs. Ethel Richardson with the Nederland Historical Society were present for the City Council Meeting. Mrs. Fleming briefed the Council on projects in which the Historical Society were currently involved. Some of the projects include the installation of a new showcase at the Windmill Museum, microfilming all Mid County papers beginning in 1931 to present and providing storage cabinets for the film. Also, the Historical Society will be offering a scholarship this year. Mrs. Fleming then presented the Mayor, City Council and City Manager with a copy of the Texas Sesquicentennial Edition of the History of Nederland. Mayor Nagel presented Mr. Ron Sticker with a Proclamation declaring March 18, 1987 as "Go Texan Day" in the City of Nederland. Mr. Sticker invited the Council to the "Go Texan" promenade to be held March 18 at 5:30 p.m. beginning on the corner of Boston Avenue and Twin City Highway. A motion was made by Mr. Bourque and seconded by Mr. Nugent to approve a Proclamation ' declaring March 18, 1987 as "Go Texan Day" in the City of Nederland and urging every citizen to dress western and to participate in the festivities relative to this celebration. All Voted Aye. Mayor Nagel read a Proclamation declaring March 10, 1987 as "Chief Billy Neal Day" in the City of Nederland. Mayor Nagel expressed his appreciation for the service and dedication Chief Neal has reflected in his duties as Chief of Police, adding, that it was a real privilege for the Council to declare March 10 as "Chief Billy Neal Day" in the City of Nederland. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve a Proclamation declaring March 10, 1987 as "Chief Billy Neal Day" in the City of Nederland and urging every citizen to recognize the service, dedication and professionalism that Chief Billy Neal has reflected in performing his duties as Chief of Police. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning a dispute between First Mortgage Atrium and Gulf States Utilities regarding a deposit for electric service. The City of Nederland does have jurisdiction in this dispute, however, correspondence has been received from both the attorney representing the Atrium and from the District Superintendent of Mid County representing Gulf States Utilities Company requesting the City of Nederland to waive jurisdiction in this matter only to allow this case to go directly to the Public Utility Commission in Austin. The Public Utility Commission has been contacted regarding this matter and has agreed to hear this case directly if the City of Nederland would waive jurisdiction in this matter. Mr. McDaniel expressed his feelings that it would be in the best interest for all parties concerned to waive jurisdiction in this matter. --ULc� %,vuLiiiueu, marcn iu, i`io/ 1 A motion was made by Mr. Lee and seconded by Mr. Nugent to approve a Resolution waiving the City of Nederland's jurisdiction and authority to hear the dispute between Gulf States Utilities and First Mortgage Atrium, Docket #7380, to allow this case to go directly to the Public Utility Commission in Austin. All Voted Aye. Mr. Jay Kimmons, President of the Port Arthur Chapter of Concerned Shrimpers, spoke to the Council concerning proposed action of the U. S. Department of Commerce requiring turtle exclusion devices on towing trawls in the Gulf of Mexico. Mr. Kimmons expressed the concerns of local shrimpers that the turtle exclusion devices would place an unnecessary hardship on commercial fishermen. The devices have been proven to be dangerous as well as expensive to the fishermen. Also, studies indicate that the shrimpers will suffer a 20 -40% loss of shrimp if forced to use these devices. A motion was made by Mr. Bourque and seconded by Mr. Nugent to approve the Resolution opposing the proposed action of the U. S. Department of Commerce requiring the use of turtle exclusion devices on towing trawls in the Gulf of Mexico. All Voted Aye. Howard McDaniel, City Manager, briefed the Council regarding the first billing received from Mr. Don Butler and Mr. Jack Pous for work performed to date relative to the Gulf States Utilities interim rate case. The bill totaled $12,057.62 $4,489 to Mr. Butler and the remaining $7,568 to Mr. Pous for attorney's fees and consultant's fees, respectively. A motion was made by Mr. Nagel and seconded by Mr. Bourque to approve payment in the amount of $12,057.62 to Mr. Don Butler and Mr. Jack Pous for attorney's ' fees and consultants fees relative to Gulf States Utilities interim rate case. All Voted Aye. Howard McDaniel, City Manager, briefed the Council on reasons for requesting a Public Hearing to be held on March 17, 1987 at 6:30 p.m. The public hearing will be held to solicit and receive comments relative to the proposed rate increase request submitted by Gulf States Utilities Company. A motion was made by Mr. Nagel and seconded by Mr. Bourque to call a Public Hearing to be held March 17, 1987 at 6:30 p.m. to consider the proposed rate increase submitted by Gulf States Utilities Company of its rates for electric utility service in the City of Nederland. All Voted Aye. Howard McDaniel, City Manager, briefed the Council on an agreement between the Nederland South Little League and the City of Nederland to have the City provide utilities to the Nederland Little League not to exceed $2,000 per year. Mr. McDaniel explained that the agreement is normally a routine item each year, however, this year he is requesting permission to place a contingency on this agreement due to complaints received from neighbors in the area concerning drainage. The Little League field is obstructing drainage and creating ponding of water in their yards. Mr. McDaniel has contacted the League and indicated that the City will be happy to approve payment of the utilities again this year but, in return, the City is requesting assistance in alleviating the drainage problem in that area. Since the City can not go on private property, the City Engineer will show the League what needs to be done to adequately drain the property. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve the agreement between the City of Nederland and the Nederland South Little League to have the City provide utilities to the Little League not to exceed $2,000 contingent upon the Little League working with the City to resolve the drainage problem. All Voted Aye. Minuteg,,Continued, March 10, 1987 1"72 Howard McDaniel, City Manager, briefed the Council concerning the request to amend Ordinance No. 107. The amendment would provide for updated school zones and speed limits pertaining to the school zones. A motion was made by Mr. Bourque and seconded by Mr. Lee to approve the amendment to Ordinance No. 107 setting a twenty - mile - per -hour speed limit around all designated school zones in the City of Nederland. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to approve the bills for the month of February. All Voted Aye. Discussion Items: 1. Councilman Bourque commended the city employees for the job done cleaning up along Boston Avenue. There being no further business, the meeting adjourned at 3:55 p.m. - Homer E. Nagel, a�I yor; City of Nederland, Texas ATTEST: L/� 6/P- Chri erres, City Secretary City of Nederland, Texas r� 173 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 17, 1987 The meeting was called to order by Mayor Homer E. nagel at 6:30 p.m. Members present were Mr. H. E. nagel, Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. M. R. Bourque and Mr. R. A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the March 10, 1987 meeting. All Voted Aye. Mayor Nagel called a Public Hearing to order at 6:33 p.m. to consider the proposed rate increase submitted by Gulf States Utilities of its rates for electric utility service in the City of Nederland. Mayor Nagel updates the Council members and citizens concerning the rate increase request. Mayor Nagel explained that at the January hearing held on G.S.U.'s rate increase request, it was decided to postpone making any decisions relative to the rate increase request until such time that the Council received a recommendation from Mr. Jack Pous, rate expert, and from O'Brien - Kreitzberg, experts hired to study the prudency of the River Bend Facility. Both firms have now filed their testimony with the Public Utility Commission and have made recommendations to the City Council. The Public Hearing is being held to consider the recommendations of these experts and also to inform the citizens as to what has been recommended to the Council. Mayor Nagel explained that Mr. W. E. Sanderson, City Attorney, would present the recommendations submitted by the rate experts. After Mr. Sanderson has completed his presentation, the ' Council would have first opportunity to question the City Attorney concerning the recommendations. The audience would then be called upon for their questions and /or comments. Mr. W. E. Sanderson, City Attorney, added that the proposed Ordinance setting out the recommendations was not only recommended by the rate experts but also by the Steering Committee made up of appointed and elected officials from most of the cities in the Southeast Texas Gulf States Utilities Company service area. Mr. Sanderson then read Ordinance No. 386 setting rates to be charged by Gulf States Utilities Company in the City of Nederland, Texas and providing schedules, conditions and a repealing clause of conflicting ordinances. Mayor Nagel then asked for questions and /or comments from Councilmembers concerning the recommendations made by the rate experts pertaining to the proposed rate increase request. Councilman Lee questioned whether or not the $89,472,925 rate increase recommended by the rate experts was the same as the award of the Public Utility Commission. W. E. Sanderson, City Attorney, explained to Councilman Lee that the Public Utility Commission had approved approximately $39,900,000 on the emergency rate relief request only. Councilman Bourque questioned whether or not Part II of Ordinance No. 386 which states "the permanent exclusion of $1,400,000,000 associated with G.S.U.'s owner- ship share of the River Bend Nuclear project from rate base consideration;" would be excluded from this rate increase request only or from any future requests made by Gulf States Utilities Company. Mr. Sanderson, City Attorney, explained that the $1,400,000,000 associated with G.S.U.'s ownership share of the River Bend Nuclear project would be permanently excluded from this rate increase request and any future increase request. 1 Minutes Continued, March 1/, 196/ Mayor Nagel added that the recommendation to exclude the $1,400,000,000 associated with the River Bend Nuclear project stemmed from the O'Brien - Kreitzberg prudency study made relative to that project. Councilman Sawyer asked if the $89,500,000 rate increase included the $39,900,000 interim rate relief request. Mayor Nagel explained to Councilman Sawyer that the $89,500,000 did include the $39,900,000 interim rate relief request. Councilman Bourque asked if both, the interim and permanent rate cases, would be settled by approving the $89,500,000 rate increase recommended by the rate experts. Mr. Sanderson, City Attorney, explained that unless further action was taken, both cases would not be settled by approving the $89,500,000 due to the fact that the interim rates increase request was not only concerned with the rate increase but also was concerned with whether or not the Public Utility Commission had jurisdiction to hear the interim rate relief case. Mr. Sanderson added that the approval of the $89,500,000 would settle the "money" concerned with this case but would not settle the jurisdiction dispute. There being no further questions from the Council, Mayor Nagel called for questions and /or comments from the audience. Mr. Ron McKenzie, Division Vice President for Gulf States Utilities Company, explained that on November 18, 1986 Gulf States Utilities Company requested a $144,000,000 rate increase not a $365,000,000. This request was the first step in a three year rate moderation plan to try to place into service the interim rate base for the River Bend Nuclear project. Part of this request was for emergency ' rate relief in the amount of $82,000,000. On February 3, 1987, the Public Utility Commission granted a $39,900,000 rate increase. None of this rate relief increase has been put into effect due to the fact that the rate increase granted was contingent upon Gulf States Utilities Company securing a line of credit which that Company has not been able to meet. Mr. McKenzie added, for informational purposes only, that Gulf States Utilities Company was granted a $57,000,000 rate increase from the State of Louisiana. Mr. McKenzie further explained that if the entire $144,000,000 rate increase request was granted, ratepayers would still be paying less for electricity than they were paying in 1985. Mr. McKenzie expressed to the Council that he knew this case was both complex and yet it was actually relatively simple. He stated that the case was complex because it dealt with a nuclear plant, high cost to build that plant and a tremendous amount of regulations. The redundant safety regulations placed upon nuclear plants come into effect after the Three Mile Island accident. Mr. McKenzie said that the decision to build the River Bend Facility was made at the same time other utility companies throughout the Gulf Coast Region was making similar decisions. The decision was made based on the same type of load projections and the same type of analysis -- cost projections and other variables that are used to make these types of decisions. Mr. McKenzie informed the Council that the River Bend Facility was built in 72 months which is far less time than other nuclear plants have been built. Since the plant has gone on -line, it has exceeded industry averages for both capacity factors and availability factors. Mr. McKenzie went on to explain that the cost of the plant was mainly due to the safety regulations placed on nuclear plants since the Three Mile Island accident. He then compared the cost of the fifteen nuclear plants that have been completed since 1986. Of the fifteen plants, six are more expensive, one cost approximately the same and the other seven are less expensive than the River Bend Facility. Mr. McKenzie stated that based on these facts, he felt the cost of River Bend was hardly an indictment against that facility. r 1 1"75 Mr. McKenzie then went on to explain that the case was relatively simple in that the plant was built based on the projected needs of its customers. Mr. McKenzie questioned whether or not Gulf States utilities Company would be allowed to earn a return on the investment it had made. He said that it was the Company's feelings that the decision to build the River Bend Facility was carefully made by responsible managers and that they were prudent choices when they were made. The rate moderation plan was adopted to try to ease the burden of the ratepayers. Mr. McKenzie asked the Council to recognize that the Gulf States Utilities Company Investors have already paid a heavy price to deal with the situation -- with no case income and the loss on the value of their investment. He also asked the Council for a fair, realistic appraisal of the circumstances which Gulf States Utilities Company is now facing and in the way in which they have consistently sought to meet the obligations to their customers. Mr. McKenzie thanked the Council. Mayor Nagel explained to Mr. McKenzie that the City Council had to consider the recommendations of the rate experts hired by the City. He explained that the Council did not have the qualifications to judge, one way or the other, the rate increase or the prudency of building the River Bend Facility. Mayor Nagel told Mr. McKenzie that was the purpose of holding the Public Hearing -- to determine whether or not the Council would accept the experts recommendation. Mayor Nagel then explained to Mr. McKenzie that as representatives of the citizens of Nederland, the Council does have to consider the advise of the experts hired to conduct the studies because it is the citizens who will be paying for these experts' advice when the cases are finally settled. He said that the Council not only had the responsibility of faithfully serving the citizens of Nederland but also serving Gulf States Utilities as a corporate citizen of Nederland. He expressed to Mr. McKenzie that the Council was in no way trying to bankrupt G.S.U. or to take advantage of this compnay but was only trying to do what was fair for the citizens of Nederland as well as Gulf States Utilities Company. He added that the Council had very short notice on the interim rate relief request and had no other way of trying to solve the interim rate problem but to postpone making any decision until a proper study could be made. Mr. Robert Rothrock, 507 Boston Avenue, told the Council that he could not under- stand why the people of Nederland had to pay attorneys and rate experts for both the City and Gulf States Utilities Company. He stated that it was the ratepayers who eventually paid the cost of these attorneys and rate experts and felt that the City Council should sit down with representatives from Gulf States Utilities Company and settle this case without further involving attorneys and rate experts. Mayor Nagel thanked Mr. Rothrock for his comments and told Mr. Rothrock that he (the Mayor) was in agreement with him concerning the expenses involved in these rate cases. The Mayor stated that he also would like to see a settlement reached concerning the rate increase request not only because of the expenses involved that will eventually be passed on to the ratepayers, but, also because these hearings have taken up, in the last year, approximately one -third of the Council's time at each City Council meeting. Mayor Nagel explained that the Council had the interest of the whole City that they are concerned with and did not need to be spending so much time on one problem, However, because of the seriousness of this problem, it was going to take time to settle it fairly for both parties and it is this fairness that the Council is trying to achieve by hiring the attorneys and rate consultants. Mayor Nagel thanked Mr. Rothrock again for his comments and asked for any other questions and /or comments from the audience. Mr. Joe Simpson, 412 So. 2nd Street, a fifteen year employee of Gulf States Utilities Company read an article published in the National Geographic Magazine that the he felt would "shed some light" on the situation now being faced by our Minutes Continued, March 1/, 11J61 6 oil -based economy. The article referenced the dependency the United States had for foreign oil and the reliability of nuclear power for generating electricity in America. Mr. Simpson asked the Council to use the facts brought out in the article concerning nuclear power in their consideration relative to the prudency of the River Bend Facility. Mayor Nagel thanked Mr. Simpson for his comments and then explained to Mr. Simpson that the prudency study made relative to the River Bend Facility excluded only parts of the facility that the prudency experts felt were unnecessary. It is the prudency experts' feelings that certain items pertaining to the River Bend Facility were unnecessary and that the cost should not be transferred back to the cities. He further explained that it was only these items that are proposed to be excluded, not the whole River Bend Facility, and that the City Council did have to consider the testimony presented by these experts. Mr. Sanderson, City Attorney, added that the prudency experts, O'Brien - Kreitzberg, were not only hired by the cities but also by the Texas Attorney General, Office of Public Utility Council and by State agencies. Mayor Nagel then asked for any other questions and /or comments. Ms. Sue Guidry, 2701 Twin City Highway, Port Arthur, a two -year employee of Gulf States Utilities Company stated that she has been following the cases relative to the rate increase request and the River Bend Facility. Ms. Guidry stated that she felt that Gulf States Utilities did not consider only what was best for that Company, but what was best for their customers. Ms. Guidry said that she believed that the experts with O'Brien - Kreitzberg were "hatchet -men" and that the study made by Gulf States Utilities Company's experts was closer to the facts. Ms. Guidry told the Council that it did not seem fair to her that ' authorities who oversee the rates of a utility company always wanted the absolute lowest rates to be charged. Mayor Nagel thanked Ms. Guidry for her comments. There being no further questions or comments, the Public Hearing adjourned at 7:10 p.m. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve Ordinance No. 386 setting rates to be charged by Gulf States Utilities Company in the City of Nederland, Texas and providing schedules, conditions and a repealing clause of conflicting ordinance. All Voted Aye. Howard McDaniel, City Manager, asked the Council to table the request for payment to Mr. Butler and Mr. Pous because the bill submitted had not been pro -rated as to each cities' share. A motion was made by Mr. Lee and seconded by Mr. Sawyer to table making payment to Mr. Don Butler and Mr. Jack Pous for services rendered in connection with the Gulf States Utilities Company interim rate case due to the City's pro -rated share not being split from the total bill submitted. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Howard McDaniel, City Manager, informed the Council that the Courtney House Apartments on Nederland Avenue would be designating approximately 10 -12 more units as Section 8 units. There are currently 24 units now designated Section 8 housing. Minutes Continued, March 17, 1987 177 2. Howard McDaniel, City Manager, informed the Council that the wastewater plant had been finaled and that the painting was going to be done in- house. 3. Mr. Nugent reported that the fence along the drainage ditch on Hardy Avenue was in terrible shape. Mr. McDaniel reported that he would be getting in touch with the Drainage District concerning this matter now that the City has had the opportunity to clean up around the City property. 4. Mayor Nagel then reminded every one that Wednesday, March 18 was "Go Texan Day" and that the promenade would begin at 5:30 p.m. to officially open the Heritage Festival Carnival. 5. Mayor Nagel informed the other Councilmembers that a Regional Planning Commission meeting would be held Wednesday, March 18, at 7:00 p.m. in the Beaumont Council Chambers. Mayor Nagel thanked everyone for attending the Public Hearing. There being no further business, the meeting adjourned at 7:20 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 X�- Homer E. Nagel, Mayor V- City of Nederland, Texas 178 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 24, 1987 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. Homer E. Nagel, Mr. Robert D. Sawyer, Mr. Michael R. Bourque and Mr. Richard "Dick" A. Nugent. Mr. Tom E. Lee, Jr. was absent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the special meeting of March 17, 1987. All Voted Aye. Mayor Nagel welcomed Mrs. Carriker along with a government class from Nederland High School and a scout group from the First Methodist Church. Chief Neal presented a copy of the 1986 Annual Police Report to the Mayor, Council and City Manager and gave a brief overview of the report. Councilman Bourque stated that it has come to his attention that 27th Street @ Avenue H, again this year, is the scene of the most accidents in Nederland. This same corner was also the scene for the most accidents during the past two years. Mr. Bourque stated that his main concern was for the children attending Hillcrest Elementary School located on the corner of 27th Street @ Avenue H. Chief Neal assured Councilman Bourque that everything possible was being done for the protection of the children attending the school including a school guard to help direct traffic and to help children cross the street. He also pointed ' out to Councilman Bourque that a study had been made concerning the time of day these accidents were occuring and it was his understanding that most accidents occurred after school hours when there were no children present. Howard McDaniel, City Manager, suggested to Chief Neal that he and his staff prepare a study concerning the exact time of day these accidents were occurring along with comparative figures relative to these accidents for 1984 and 1985 and to report back to the Council. Mayor Nagel presented Mrs. Wessie Wilson with a Proclamation declaring April 5 -11, 1987 as "Week of the Young Child" and urging all citizens to support and encourage all agencies working for the well -being of young children in our city. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the Proclamation declaring April 5 -11, 1987 as "Week of the Young Child" and urging all citizens to support and encourage all agencies working for the well -being of young children in our city. All Voted Aye. Mayor Nagel asked Howard McDaniel, City Manager, to read aloud a proposed resolution supporting the location of the Superconducting Super Collider (SSC) at the Houston - Beaumont Site. After the resolution was read, Mayor Nagel gave an overview of the SSC project and stated that the creation of jobs was the City's main concern with wanting to attract the SSC to Southeast Texas. A motion was made by Mr. Bourque and seconded by Mr. Nugent to approve the resolution supporting the location of the Superconducting Super Collider at the Houston - Beaumont site. All Voted Aye. ­11- 11. VVLlL UMU, 1.14L 1:11 L4, 178/ 1'7.9 Howard McDaniel, City Manager, recommended to the Council that the City pay utilities not to exceed $2,000 for Nederland Babe Ruth ballpark for the 1987 season adding that this item is a yearly routine item. Councilman Bourque reported that he has received complaints from members of the Hillcrest Baptist Church relative to ball games being played on Wednesday nights. Howard McDaniel, City Manager, stated that there was no stipulation in the contract between the City and Nederland Babe Ruth relative to this complaint and that the problem would have to be worked out between Nederland Babe Ruth and Hillcrest Baptist Church. Councilman Sawyer asked if the drainage problem at the Little League field had been resolved. Howard McDaniel, City Manager, explained to Councilman Sawyer that contact has been made between the City and the liason for the Little League but nothing has been settled. Howard McDaniel, City Manager, recommended payment of the second billing presented by Mr. Don Butler and Mr. Jack Pous in the amount of $2,055.24 ($742 prorated to Mr. Butler and $1,313 prorated to Mr. Pous) for attorney's fees and consultant's fees relative to Gulf States Utilities interim rate case. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve payment to Mr. Don Butler and Mr. Jack Pous in the amount of $2,055.24 ($742 prorated to Mr. Butler and $1,313 prorated to Mr. Pous) for attorney's fees and consultant's fees relative to the Gulf States Utilities interim rate case. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Nugent questioned whether or not it would be possible for the City to place a stop sign at the driveway exiting Budget- Rent -A -Car onto Highway 69. Councilman Nugent explained that cars exiting the driveway onto Highway 69 drove at high rates of speed, not watching for oncoming traffic. Howard McDaniel, City Manager, stated that the City would check into this matter and would contact the Highway Department to apprise them of this situation. 2. Councilman Bourque commended the City Manager and city staff on the fine job done by city employees during the Heritage Festival. 3. Chief Neal reported to the Council that he and his staff was ready to present information concerning accidents on 27th Street @ Avenue H. He reported that there were approximately the same amount of accidents in 1984, 1985 and in 1986 but that most of the accidents occurred from 3:00 p.m. to 6:00 p.m. He reported that the cause of most accidents were "failure to yield right -of- way" with cars making right -hand turns onto Avenue H from 27th Street and that most of the accidents occurred in clear weather on dry roads. 4. A retirement reception will be held for Mr. C. R. Nash, City Manager of Bridge City, Tuesday, March 31, 1987, 5. Mayor Nagel asked for any questions or comments from the audience. Several students questioned and /or commented on portable signs obstructing view at various locations throughout the city and on ditches along Spurlock Road. 6. Howard McDaniel, City Manager, reported to the Council that the Mid - County Municipal League Advisory Committee has completed its interviews and is prepared to recommend to the League the employment of Triangle Engineers and 1 Q C7 OMinutes Continued, March 24, 1987 Constructors to conduct a feasibility study for an alternate solid waste disposal method. Mr. McDaniel further informed the Council that a meeting of the Mid County Municipal League will be held after the April 4 elections. There being no further business, the meeting adjourned at 7:40 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres City Secretary City of Nederland, Texas 1 1 r u 1 1 181 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. April 7, 1987 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. Homer E. Nagel, Mr. Robert D. Sawyer, Mr. Tom E. Lee, Jr., Mr. Michael R. Bourque and Mr. Richard A. Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the meeting of March 24, 1987. All Voted Aye. Mayor Nagel welcomed Danny Walley, Government student from Lamar University and Paul Christian, Boy Scout Explorer, 109. Mr. Christian is working towards his merit badge. Mrs. Luetta Powell, Election Judge, presented the Council with the returns from the April 4, 1987 election. Mrs. Powell informed the Council that there were 120 votes cast all total with 15 votes cast during absentee voting and 105 votes cast during the regular election. Mrs. Powell added that Robert Sawyer, Council- man Ward I received 107 votes and Michael Bourque, Councilman Ward III received 111 votes. Mayor Nagel thanked Mrs. Powell for presiding over the City Election again this year and also commended her and all the election clerks on the good job they do relative to the election each year. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the election returns as presented by Mrs. Luetta Powell, Election Judge. All Voted Aye. Mrs. Chris Serres, City Secretary, swore in Mr. Robert Sawyer, Councilman Ward I and Mr. Michael R. Bourque, Councilman Ward III. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize payment to the election officials in accordance with State Statutes Article 3.08, election code as follows: Mrs. Luetta Powell - $92.50; Mrs. Shirley Spittler - $67.50; Mrs. Winifred Morgan - $67.50; and Mrs. Gladys Weaver - $67.50. All Voted Aye. Mayor Nagel read a Proclamation declaring April 25, 1987 as "Senator Carl Parker Day" in the City of Nederland. Senator Parker will be declared "Governor For The Day" on April 25, 1987 due to the Governor and Lt. Governor being out of the State on that day. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve the Proclamation declaring April 25, 1987 as "Senator Carl Parker Day" in the City of Nederland. All Voted Aye. Howard McDaniel, City Manager, briefed the Council on the Amendment to Ordinance No. 164, setting regular Council Meeting dates from April 28, 1987 through April 12, 1988 stating that this item is a yearly routine item. A motion was made by Mr. Bourque and seconded by Mr. Nugent to approve the Amendment to Ordinance No. 164 setting regular Council Meeting dates from April 28, 1987 through April 12, 1988. All Voted Aye. 1 O inutes Continued, April 7, 1987 O Howard McDaniel, City Manager, informed the Council that a map was placed in their folders highlighting streets that are being proposed for the 1987 street overlay program which amounts to approximately 2.9 miles of overlay. This program is in addition to the rehabilitation and inverted penetration that has been put on the streets. Mr. McDaniel also informed the Council that the City of Port Neches has scheduled its street program beginning at approximately the same time as Nederland's program and that because the overlay process was an expensive process, the two Cities felt that it might be possible to get a better unit price with more volume and are asking permission to advertise for bids jointly. A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the advertisement for bids to be received May 12, 1987 at 3:00 p.m. for the street overlay program in the Cities of Nederland and Port Neches. All Voted Aye. A motion was made by Mr. Bourque and seconded by Mr. Nagel to authorize payment of the bills for the month of March. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Bourque expressed to the Mayor and other Councilmembers that he enjoyed the past two years serving as a Councilmember for the City of Nederland and that he was looking forward to the upcoming two years. 2. Councilman Sawyer stated that his feelings were mutual and that he also was looking forward to the next two years. ' 3. Mayor Nagel inquired as to why the D. Bob Henson Memorial Library lending policy was not placed on the agenda as indicated earlier. Howard McDaniel, City Manager, responded to Mayor Nagel's inquiry stating that the reason was that concern had been expressed by a Councilmember over the policy stating that free service would be available to any Jefferson County resident and that the library staff was attempting to modify the policy to provide an equitable alternative that would reach as many people as possible without placing an undue burden on the Nederland residents who were paying for the service through their tax dollars. Councilman Nugent asked the City Manager to attempt to work out a reciprocity agreement with the Beaumont and Port Arthur Libraries that charge Nederland residents $15 per year to utilize their services. The City Manager was also asked to determine the philosophy behind the charges of those two libraries. The City Manager stated that he would report back to the Council concerning these two items at a later date. 4. Howard McDaniel, City Manager, informed the Council that a letter had been received from Royal Insurance Company, our insurance carrier, advising that damages relating to the April 23, 1983 accident which occurred on the South end of 27th Street while under construction, may exceed the $300,000 liability limit of the City. It is the consensus of Mr. McDaniel and City Attorney, Smokey Sanderson, that the City should not, at this time, hire outside legal council to defend us in the event that actual damages do exceed the $300,000 limit. Mr. Sanderson told the Council that the letter from the Insurance Company was a routine notice required under the State insurance law and that the primary defendants in the case are the insurers of the contractor, subcontractor and the engineer which further negates the need at this time to hire legal council. 183 5. Howard McDaniel, City Manager, informed the Council that he, John Bernard and Will Larrain met with the State Water Commission this past week at the request of the Commission. The Commission explained that they were concerned with the flow through the City's wastewater treatment plant during heavy rains. The Commission further stated that the guidelines are becoming more and more stringent with regards to the treatment of wastewater. Mr. McDaniel explained that the wastewater treatment plant was designed to meet the guidelines, however, the City's permit is more restrictive than the capacity of the plant. He informed the Commission that the City would make application to change the limits of the permit to be more in keeping with the capacity of the plant. The Water Commission indicated that the City should make application, but that changing the limits of the permit alone would not be acceptable. They indicated that the City would have to do more than submit an application because the permitting division might not look favorable on the application. The Commission suggested that the City look at the infiltration through service lines on individual services. Mr. McDaniel told the Council that, before the end of this month, he had to send a letter to the Water Commission outlining a tentative approach that is going to be taken regarding this matter. Mr. McDaniel told the Council that the City had two options: 1. To expand the capacity of the treatment plant which would be costly to everyone involved; 2. To send out notices to property owners with regard to the situation the City is facing and asking them to voluntarily begin to repair or replace their service lines. To do this, the City would have to establish a method to insure compliance with this request. Mr. McDaniel asked for the Council's consideration of sending a letter giving a certain period of time to correct the infiltration problem and if the problem was not corrected in that period of time, an ordinance would have to be passed to allow the City to do the service line work and then back - charge the customer on his monthly bill until the amount is paid off. The Council directed Mr. McDaniel to notify the State that the City is going to submit an application for additional flow and in addition to sub- mitting the application, the City is going to begin notifying customers who are known to have infiltration problems asking them to resolve these problems voluntarily. If the customers do not comply voluntarily, the City will pass an Ordinance allowing the City to correct these problems. Howard McDaniel, City Manager, asked permission to advertise immediately for a new garbage truck. It was planned, at the time the automated garbage system was bought, to begin replacing the system in 3} to 4 years. The system is now at that point and more and more break -downs are being experienced on the chassis. It is becoming very difficult to get replacement parts for the International trucks and as a result the City operates at least one truck short at all times. The Council gave authorization to advertise for a new garbage truck. Mr. McDaniel stated that this item would be placed on the April 28 agenda for ratification. 7. Howard McDaniel, City Manager, asked permission to hire Will Larrain, Professional Engineer, on an hourly basis to assist the City staff with the preliminary work to be done on 21st Street from Nederland Avenue to Avenue H. This work was originally intended to be done in- house, however, the workload is very heavy and the City does not have the staff to do all this work in- house. Mr. McDaniel stated that the salary would be $20.00 per hour with the work taking 3 to 4 months at the most. The Council approved hiring Will Larrain to assist the City staff with this project. Mr. McDaniel stated that he would also place this item on the next agenda for ratification. 8. A Mid - County Municipal League meeting will be held April 22 at 5:00 p.m. at the Nederland City Office Building to review the recommendation of the Solid Waste Supervisory Committee on the landfill feasibility study. Minutes C6ntinued, April 7, 1987 184 9. Knowles Funeral Home is asking permission again this year to close Detroit Avenue between 12th and 13th Street for their annual Easter Egg Hunt. The hunt will be held Saturday, April 18, beginning at 10:00 a.m. until noon. The Council stated they had no objections to closing Detroit for those hours. 10. Howard McDaniel, City Manager, reminded the Council of Dick Culbertson's bar -b -que to be held at the Brad Hall on April 19 and also "Carl Parker Day" in Austin on April 25. 11. The annual Police Auction will be held April 7 beginning at 6:30 at the City Service Center on Hardy Avenue. There being no further business, the meeting adjourned at 3:50 p.m. Homer E. Z r City of Nederland, Texas ATTEST: a V 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. April 28, 1987 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. Homer E. Nagel, Mr. Robert D. Sawyer, Mr. Tom E. Lee, Jr., Mr. Michael R. Bourque and Mr. R. A. "Dick" Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the April 7, 1987 meeting. All Voted Aye. Mayor Nagel welcomed Boy Scout Troop 113 to the Council Meeting. Mayor Nagel presented a Proclamation to Mrs. Cynthia Hassel proclaiming May 2, 1987 as "St. Jude's Children's Hospital Day" in the City of Nederland. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the Proclamation declaring May 2, 1987 as "St. Jude's Childrens Hospital Day" in the City of Nederland. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning emergency repairs made to the sanitary sewer line on 27th Street between Detroit and Nederland Avenues. He informed the Council that the 6 —inch line had collapsed about three weeks ago thus warranting emergency repairs. Due to the urgency in getting this line repaired, the decision to hire Eastwood Construction was made administratively with the cost being $5,400 to repair this line. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to ratify the decision to hire Eastwood Construction Company to make emergency repairs to the sanitary sewer line on 27th Street between Detroit and Nederland Avenues and to approve payment of $5,400 for the emergency repairs. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning alternative means for solid waste disposal. Mr. McDaniel reminded the Council that approximately eight to ten months ago the State Health Department, which regulates solid waste disposal in the State of Texas, notified the City of the need to begin looking for alternative methods of solid waste disposal. After this notification was received, Mr. McDaniel approached the other entities in the Mid County Municipal League concerning a feasibility study to determine whether or not there might be some alternative method for the removal of solid waste. The Mid County Municipal League appointed a Committee to solicit proposals and to make a recommendation back to the League. Each governmental entity represented in the League appointed two members from their respective governing body to serve on the Committee. Mr. McDaniel informed the Council that the Committee received thirteen responses to their request for proposals and interviewed eight of the thirteen. The Committee unanimously felt that Triangle Engineers and Constructors of Nederland was the firm best suited to perform the study. Mr. McDaniel further stated that the Mid County Municipal League met last week and the Committee made the recommendation to hire Triangle Engineers and Constructors to perform this study. It was agreed, at this meeting, that each member go back to their governing body and ask permission to enter into a contract with Triangle Engineers and Constructors. The City of Nederland would actually be the contracting party with Triangle Engineers in as much as the City of Nederland has the responsibility for the operation of the landfill. The League also asked that Mr. McDaniel Minutes Continued, April 28, 1987 C� negotiate with the Engineering Firm to try to reduce the fee of $35,000 that was indicated in their proposal. Mr. McDaniel reported that he had talked to the President of the Company concerning the fee. The President suggested that rather than arbitrarily negotiate down the fee, the fee should be left at $35,000 with the Engineers working very closely with the Committee and keeping the Committee apprised of the progress of the study. The Engineers would attempt to save money in the areas that do not appear to be feasible for a real detailed analysis. Mr. McDaniel recommended that the Council authorize the Committee to work very closely with the Engineers and to monitor expenses. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the City of Nederland to participate in a waste -to- energy feasibility study through the Mid County Municipal League to be conducted by Triangle Engineers and Constructors and to authorize payment for this study not to exceed $35,000 contingent upon the other entities in the Mid County Municipal League approving the same contract. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning the construction of 21st Street from Nederland Avenue to Avenue H. Mr. McDaniel reminded the Council that this section of 21st Street was part of the 1977 Bond Issue. However, due to inflation that has occurred between the time the bonds were authorized and actually sold, the City does not have enough money to complete this section out of the bond fund. Mr. McDaniel added that in order to maintain good faith with the Public, he feels that it is necessary to use general fund revenues to complete this project. He informed the Council that money was set aside in this year's budget to begin the engineering and design of this section and hopefully money will be available in next year's budget to get into the construction phase of this project. He explained that the staff has asked Will Lorrain, P.E., to submit a proposal to provide the engineering services for this particular ' project. Mr. McDaniel then asked for authorization to hire Will Lorrain to provide the engineering services for this section of 21st Street at a rate of $20 per hour and added that he feels that the engineering services will be per- formed well within the money budgeted for engineering and design. A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize the City to enter into an agreement with Will Larrain for engineering services in connection with 21st Street paving from Nederland Avenue to Avenue H at a rate of $20 per hour. All Voted Aye. Howard McDaniel, City Manager, informed the Council that the City had received a letter dated April 12, 1987 from the First Presbyterian Church indicating that the property located on 30th Street and Helena Avenue, which the City now uses as a public park, is available for purchase and offered it to the City as surplus property. Mr. McDaniel told the Council that the City does not have money available to purchase the property. He added that the Church stated that if the City was not interested in purchasing the property, they would like to know of the City's intent to continue using the property. This property would continue to be utilized as a public park on a month -to -month basis until such time as the property is sold. Mr. McDaniel then ask for an indication from the Council as to whether or not they would like to continue to use this property as a public park. A motion was made by Mr. Nugent and seconded by Mr. Bourque to renew the agreement between the First Presbyterian Church and the City of Nederland for the use of the property located on 30th Street and Helena Avenue to be used as a public park. All Voted Aye. Minuted Continued, April 28, 1987 Howard McDaniel, City Manager, informed the Council that the City was having difficulty in getting replacement parts for the International chassis and asked for authorization to advertise for bids for two automated garbage trucks. Mr. McDaniel added that he felt that the City could ask for immediate delivery on one of the trucks with money being available in this year's garbage fund budget. Money will be budgeted in the 1987 -88 budget for the other truck. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize advertisement for bids to be received May 26, 1987 at 6:30 p.m. for two automated garbage trucks. All Voted Aye. Howard McDaniel, City Manager, asked permission to attend the T.C.M.A. Region VI Annual Meeting at Columbia Lakes to be held May 8 -9, 1987 stating that due to the Legislature being in session and there being several city - related items being considered in Austin, he would like to attend this meeting. Mr. McDaniel also informed the Council that he was going to be installed as President of Region VI. A motion was made by Mr. Nagel and seconded by Mr. Bourque to authorize the City Manager to attend the T.C.M.A. REgion VI Annual Meeting at Columbia Lakes, May 8 -9, 1987. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to table the Executive Session relating to legal and personnel matters. All voted Aye. Discussion Items: 1. Mayor and Councilmember Institute to be held in E1 Paso, June 26 -28, 1987. 2. "Mother -of- the - Year" award sponsored by the Chamber of Commerce will be next Tuesday, May 5, 1987, in the Chamber of Commerce office. A Proclamation will be issued and the City Council has been asked to have a representative at this meeting to present the Proclamation. 3. Hazardous Waste luncheon to be held Tuesday, May 5, 1987. There being no further business, the meeting adjourned at 7:37 p.m. ATTEST: Chris Serres City Secretary City of Nederland, Texas 'Homer E. Nagel, Mayo City of Nederland, Texas '6 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. May 12, 1987 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. Homer E. Nagel, Mr. Robert D. Sawyer, Mr. Tom E. Lee, Jr., Mr. Michael Ray Bourque and Mr. R. A. "Dick" Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the April 28, 1987 meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table approving a Proclamation declaring May 11 -17, 1987 "Extension Homemakers' Week" in the City of Nederland. All Voted Aye. Opened and read bids received for the asphalt overlay program for the Cities of Nederland and Port Neches. The bids were then referred to the Staff for tabulation and recommendation. Mayor Nagel presented Mrs. Barbara Clawson with a Proclamation declaring May 14, 1987 as "Barbara Clawson Day" in the City of Nederland in recognition of Mrs. Clawson receiving the "Entrepreneur of the Year" award for 1987. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the Proclamation declaring May 14, 1987 as "Barbara Clawson Day" in the City of Nederland in recognition of Mrs. Clawson receiving the "Entrepreneur of the Year" award for 1987. All Voted Aye. Received comments from Mr. Jim Weaver regarding the 1987 Summer Recreation Program. Mr. Weaver reported to the Council that the schedule of events is basically the same as last year with the exception of opening five campuses this year as opposed to having only four opened last year. Mr. Weaver then gave a brief overview of the activities planned for the 1987 Summer Recreation Program. Mayor Nagel thanked Mr. Weaver for advising the Council as to the schedule of activites and commended Mr. Weaver on the continued success of the Summer Recreation Program. Received comments from Mr. Gordon Bonner pertaining to ice cream truck vendors. Mr. Bonner stated that he understood that the City Council had passed an ordinance prohibiting ice cream truck vendors from operating within the city limits of Nederland and requested to have this ordinance changed or to be granted a variance to allow him to operate his truck in certain sections of Nederland. Mayor Nagel explained to Mr. Bonner that it was his feeling that the risk involved in allowing ice cream truck vendors to operate within the City of Nederland was too great. Mayor Nagel further stated that he felt it would endanger the lives of small children especially with the traffic flow through and within the City of Nederland and that this safety factor is the reason for prohibiting the ice cream truck vendors from operating in the City. The other Councilmembers agreed with Mayor Nagel and stated that this Ordinance should be left unchanged. Mayor Nagel then added that this ordinance was passed at the request of the citizens of Nederland and that this ordinance will only be changed at their request. - .LLULes uonLinueo, May 1L, 1981 1 V 0 A motion was made by Mr. Nagel and seconded by Mr. Nugent to table receiving comments from Ruth Nichols, 116 3rd Street, pertaining to trash at 3rd Street and Nederland Avenue. Mayor Nagel reported that the owners of the property had begun cleaning the property to Mrs. Nichols' satisfaction. Howard McDaniel, City Manager, gave a brief overview concerning H.B. 1770 and S.B. 1221 stating that the net effect of these two bills is to effectively remove cities from the regulatory process relative to utility rates. In addition, it would provide for construction work in progress to be passed on to the rate- payers, fuel recovery items would be changed which would be contrary to the cities 1983 legislative goal which was to avoid abuses of the automatic adjustment for fuel and it would also force the cities to pay for representing the ratepayers rather than billing the utility companies for cost incurred. Mr. Mc- Daniel stated that he recommended approving the Resolution opposing H.B. 1770 and S.B. 1221. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to approve a Resolution opposing the adoption of House Bill 1770 and Senate Bill 1221 which would remove cities from the regulatory process relative to utility rates. All Voted Aye. Howard McDaniel, City Manager, gave a brief overview of the new water supply con- tract with the Lower Neches Valley Authority. He explained that this is a two -year contract and that the Lower Neches Valley Authority had experienced a reduction in its natural gas costs and has passed this savings on to the City thus reducing the rate from 7.150 per thousand gallons to 5.950 per thousand gallons. Mr. Mc- Daniel then added that the contents of the contract were essentially the same as the past contract and recommended approval of the new contract. ' A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the new water supply contract with the Lower Neches Valley Authority for a period of two years. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning an open meetings conference being sponsored by the Attorney General and his staff. Mr. McDaniel stated that there is always a considerable amount of confusion as to what the Open Meetings and Open Records Acts cover and there are changes that have occurred pertaining to both of these acts and felt that this conference would be beneficial for he and the City Attorney to attend. A motion was made by Mr. Bourque and seconded by Mr. Nagel to authorize the City Attorney and City Manager to attend the Open Meeting Conference in Austin May 21 -22, 1987. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Bourque to authorize payment of the bills for the month of April. All Voted Aye. The City Staff completed the tabulation of the bids received for the asphalt overlay program and made recommendation that the bid be awarded to Clark Construction in the amount of $219,995.00. The three low bids were as follows: Clark Construction - $219,995.00; Tex Trac, Inc. - $236,220.76; Baytown Construction - $238,742.40. A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid to Clark Construction in the amount of $219,995.00 for the asphalt overlay program for the Cities of Nederland and Port Neches contingent upon approval of the Port Neches City Council. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. 1 9 ® Minutes.Cbntinued, May 12, 1987 Discussion Items: 1. Councilman Nugent reported that Mr. Herring on Hilldale Drive is having trouble with the cut -off valve to his water meter and asked John Bernard, Water Superintendent, to look into this matter. 2. Councilman Bourque reported that he had received complaints concerning a water line that needed to be buried in the 700 Block of 11th Street. 3. Councilman Bourque also reported on a trip to Austin made by the City Manager, Councilman Lee and himself to visit the Legislature. Councilman Bourque reported that he appeared before the Committee on alcoholic beverages on behalf of the City of Nederland. Representative Al Price introduced Bill 539 which would allow the governing body of a city to place liquor -by- the -drink on the ballot. Councilman Bourque added that he did not know how effective the City's presentation was and felt that the Committee was concerned regarding different options this Bill will produce, but, that the Bill was referred to a Sub - Committee. Councilman Bourque also commended Representative Collazo on the outstanding manner in which he promoted this Bill. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: i "_ �1 I / i Az + Chris Serres, City Secretary City of Nederland, Texas 1 191 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 26, 1987 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mr. Homer E. Nagel, Mr. Robert D. Sawyer, Mr. Tom E. Lee, Jr., Mr. Michael R. Bourque and Mr. R. A. "Dick" Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the May 12, 1987 minutes. All Voted Aye. Opened and read bids received for two automated garbage trucks. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids received for two automated garbage trucks to the City Manager and staff for tabulation and recommendation. All Voted Aye. In accordance with Ordinance No. 70, applications for on- premise consumption of alcoholic beverages were received. A motion was made by Mr. Nugent and seconded by Mr. Nagel to accept the application for on- premise consumption from Mesquite Junction, 1807 Nederland Avenue. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning infiltration inflow into the sewer system. He explained that the City was approached by the Texas Water Commission with regard to infiltration inflow in the sewer system. At that time, he asked permission to apply for a new permit that would expand the limits of the City's present collection and treatment system. Mr. McDaniel was told that we could proceed with making application for a new permit but this permit alone would not satisfy the Water Commission. The Commission indicated that the City should begin identifying and correcting broken service lines that were allowing the infiltration into the City mains and asked for a time -frame in which we would begin this procedure. Mr. McDaniel told the Commission that the City would begin sending letters on June 1 notifying customers whose lines had been identified as being deteriorated. Mr. McDaniel then informed the Council that the City has in excess of 700 sewer customers whose lines were identified several years ago through smoke- testing. Mr. McDaniel told the Water Commission that the test identifying the deteriorated lines was done several years ago and that there were probably additional lines that were in need of repairs but the Commission felt that it would be a good start and that the City should begin sending letters notifying those customers already identified. Mr. Daniel explained to the Commission that an extensive amount of research would be needed in order to determine what course of action would be taken to try to remedy any problems that were not voluntarily corrected by the citizens. He then informed the Council that a letter has been prepared and a copy was placed in their file for consideration. If everyone was in agreement with the contents and format of the letter, the staff would like to begin sending out letters to the citizens informing them of possible problems with their service lines and that they would have to be corrected. Mr. McDaniel stated that he would then like to call a Public Hearing for June 23 at 6:30 p.m. to hear the citizens comments and /or suggestions as to how the City might go about getting these repairs made. One possible remedy is a surcharge placed on sewer customers' whose line has been identified as being deteriorated until such time as the line is repaired. 19 f� Minutes, Continued, May 26, 1987 After a full discussion, a motion was made Mr. Bourque and seconded by Mr. Sawyer to call a Public Hearing for June 23, 1987 at 6:30 p.m. in the City Council Chamber to receive comments from citizens regarding a proposed surcharge on sewer customers' deteriorated sewer lines. All Voted Aye. Howard McDaniel, City Manager, briefed the Council regarding the concern that has been expressed among elected officials as well as appointed staff members over the endless process involved in dealing with the ongoing rate increase re- quest made by Gulf States Utilities. A Committee, made up primarily of city managers, met during the last few months to look at alternatives to the present approach now being taken by cities relative to this matter. The Committee recommended that rate experts be interviewed and one selected that has the wherewithal to look at the situation and to develop some alternatives and give the cities some ideas as to different approaches that might be taken in dealing with this situation. If all cities in the Gulf States Utilities' Texas system were to participate and share the cost of this study equally, the City of Nederland's prorated share would be approximately $2,500. However, it is anticipated that some of the smaller cities will not be able to participate, thus the City of Nederland's share may be as much as $3,000. Mr. McDaniel stated that it is his recommendation that the Council authorize such a study contingent upon a significant number of cities participating in the study and to authorize payment for the study up to $3,000. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve a Resolution authorizing the City of Nederland to participate in the Gulf States Utilities' Texas service area study to explore options for a long -range solution to ongoing rate increase requests and escalating electric costs and to authorize payment of this study not to exceed $3,000. All Voted Aye. Dave Perrell with Klotz Associates, Inc. gave an overview relative to Change Order ' No. 4 in the amount of $12,656.54. Mr. Perrell stated that this change order involved eight items that were outstanding. With the inclusion of this change order, the adjusted contract price is $2,765,248.54 which reflects a $55,000 increase in the total contract price since the contract was signed. After a full discussion, a motion was made by Mr. Lee and seconded by Mr. Nagel to approve Change Order No. 4 in the amount of $12,656.54 to G. R. Grier, Job No. 3W17D, Nederland Wastewater Treatment Plant. All Voted Aye. Dave Perrell then informed that the Council that Estimate No. 23 was a final estimate which reflects a total of $2,765,248.54. Previous payment already made to the contractor amounts to $2,678,492.70. The amount now due for final payment is $86,755.84. A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of Estimate No. 23 and Final in the amount of $86,755.84 to G. R. Grier, Job No. 3W17D, Nederland Wastewater Treatment Plant. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Bourque to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Bourque reported a large pot hole on 20th Street near Helena Avenue. 2. Howard McDaniel, City Manager, reminded Councilmembers of the Mayor and Council - members Conference to be held in E1 Paso, June 26 -28, 1987. Minutes Continued, May 26 1987 There being no further business, the meeting adjourned at 7:35 p.m. ATTEST: 7 Chris Serres; City Secretary City of Nederland, Texas 1 1 Omer E. Nagel, Mayor City of Nederland, Texas 1,9,3 19 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. June 9, 1987 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mr. Homer E. Nagel, Mr. Robert D. Sawyer, Mr. Tom E. Lee, Jr., Mr. Michael R. Bourque and Mr. R. A. "Dick" Nugent. A motion was made by Mr. Nugent and seconded by Mr. Bourque to approve the minutes of the May 26, 1987 meeting. All Voted Aye. Mayor Nagel read a Proclamation declaring June 7 -13, 1987 as "Safe Boating Week," urging each and every citizen to observe water and boating safety rules and promote safety and accident prevention behavior on the water. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the Proclamation declaring June 7 -13, 1987 as "Safe Boating Week" in the City of Nederland. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning the Staff's recommenda- tion to award the bids for two (2) automated garbage trucks to the second low bidder. Mr. McDaniel explained that the low bid was for an International Harvester chassis and that the City presently owns five of the International Harvester vehicles and is having difficulty in getting replacement parts for these vehicles. It is this reason that the City was forced to take bids earlier than previously anticipated. Mr. McDaniel said that he felt it would be in the best interest , of the organization and the citizens to get a different type of vehicle that could be better maintained and stated that the staff's recommendation is to award the bid to the second low bidder, Rand Automated Compaction Systems, in the amount of $192,172.10. Mr. McDaniel then added that one of the vehicles is a demonstrator model and would be available for delivery within a few weeks. After a full discussion, a motion was made by Mr. Lee and seconded by Mr. Nagel to award the bid for two (2) automated garbage trucks to the second low bidder, Rand Automated Compaction Systems, in the amount of $192,172.10. All Voted Aye. Howard McDaniel, City Manager, reported to the Council that for quite some time there has been a need within the organization to provide some type of counseling service for employees who are experiencing marital, financial, legal or chemical dependency related problems. He told the Council that he has spoken with several different providers over the past two or three years and has finally decided to make a recommendation to the Council based on a presentation made to the staff by the Beaumont Neurological Hospital. Under the terms of the agreement, the Beaumont Neurological Hospital would provide supervisory training in identifying potential problems among the employee work force instructing the supervisor as to how to deal with the problems and would provide up to three counseling sessions for the employee and /or the employee's family for a cost of $1,800 per year. Mr. McDaniel then explained that if additional treatment was necessary it would become the responsibility of the employee and the City's group insurance carrier to pay for the remainder of the service. He added that the initial screening would be done by the Beaumont Neurological Hospital but, once a problem is identified, the employee would be given the option of going to any provider institution he or she chooses. - - - - -- •- -- -... �........, vuaac 1, 170/ 195 Mayor Nagel added that the contract did contain a confidentiality clause and that anyone choosing to seek help through this program would be protected under this clause. Mr. McDaniel stated that he would be kept apprised as to the employee's progress only if the City referred the employee to the program due to drug or alcohol dependency that is affecting his work. He added that if an employee was referred .and a problem identified, yet the employee chose not to avail himself to this program, his job would then be terminated. Mr. McDaniel also stated that he felt that with all of the legislation at the national level regarding chemical abuse, the City would be in a much better position to deal with the problem if we first make a program available and let the employees know that we are trying to assist them in dealing with whatever problem they may have. If they choose not to take advantage of this program, however, the City can take whatever action necessary. A motion was made by Mr. Bourque and seconded by Mr. Sawyer to accept the consulting services agreement with the Beaumont Neurological Hospital for the employee assistance program with the cost being $1,800 per year. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning the request to hire an engineer to conduct an annexation survey. He reported that the City has approximately 267 acres in the marsh adjacent to the landfill site that has not been encumbered in any way and the City has very little control concerning trespassing or illegal activities since the property falls in the jurisdiction of the Jefferson County Sheriff. He stated that for this reason he would like to look at the possibility of bringing this land into the city limits and to possibly use this annexation as a jumping off point if any additional annexation ' becomes necessary subsequent to this one. He stated that although there are no immediate plans to annex any populated areas, it may be that, as part of our housekeeping efforts, we will want to tie up this land within our extraterritorial jurisdiction. Also he would like permission to begin discussing an annexation survey with an engineer, preferably Klotz and Associates, Inc. He feels that since they have previously done work on annexation for the City and have all of the records, they will probably be able to conduct this type of work more expeditiously and hopefully at a lower cost than someone coming in from the outside. He told the Council that he would like to have the opportunity to negotiate an agreement with Klotz and Associates and that he would report back to the Council for final approval of the contract and cost- of the survey. A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize the City Manager to negotiate an agreement with Klotz and Associates to conduct an annexa- tion survey and to report back to the Council for final approval of the agreement and cost of the survey. All Voted Aye. Howard McDaniel, City Manager, reported to the Council that, although this meeting was not a budgeted meeting, there are funds available to send the City Attorney to the Bar Association Meeting in Corpus Christi. Mr. McDaniel recommended sending the City Attorney to this meeting as it is a requirement that attorneys attend a certain number of these meetings each year to keep their license. A motion was made by Mr. Nagel and seconded by Mr. Bourque to authorize Mr. W. E. Sanderson, City Attorney, to attend the Bar Association Meeting in Corpus Christi, Texas June 10 -12, 1987. All Voted Aye. A motion was made by Mr. Sawyer and seconded by Mr. Bourque to authorize the payment of the bills for the month of May. All Voted Aye. 196 Minutes Continued, June 9, 1987 A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Mayor Nagel was informed by the City Attorney that Mr. G. R. Grier, Contractor, and Mr. Bill Andrews, Attorney, wished to speak with the Council concerning work done to the City of Nederland sewer plant. Mayor Nagel explained to Mr. Grier and Mr. Andrews that the Council would be glad to hear their comments, but, due to the Open Meetings requirement that agenda items be posted for 72 hours, they could not take any action at this meeting. Mr. Andrews stated that he was aware of these requirements but requested to be heard by the Council. Mr. Andrews stated that his client submitted claims for payment in December of 1986 to the City's engineer who has not yet rendered a final decision on these claims. Mr. Grier has, however, been given a final payment check in the amount of approximately $87,000 which includes his retainer fee and a change order. Mr. Andrews stated that due to contract provisions, his client could not cash his final payment check without giving up his claim against the City of Nederland for payment of the claims submitted back in December. Mr. Andrews stated that he felt this was an unjust burden placed on his client and asked that the Council waive the clause in the contract pro- hibiting his client from cashing his final payment check without giving up his claim against the City. Mayor Nagel informed Mr. Andrews that the City's engineers presented a final claim that contained a few change orders to the City Council this past month, convincing the Council that this claim was a final claim. He stated that it was his feeling that if Mr. Grier felt he was owed more money, Mr. Grier should , have submitted a claim at the time the work was performed, not six months later. Mr. Andrews stated that this was in fact the problem. His client did submit the claim in a timely manner, but the City's engineers failed to make the Council aware of the claim at the time it was submitted. Howard McDaniel, City Manager, stated that he was informed of the outstanding claims in the Fall of 1986. He was not, however, made aware as to the sequence in which the costs were incurred. Mr. McDaniel added that the total cost presented to him was an accumulation of claims. After a full discussion concerning the claims, it was decided that the City Manager, City Attorney, City Engineers, Mr. Grier and Mr. Andrews would schedule a meeting to resolve this matter and to report back to the Council with a recommenda- tion. Mr. Andrews requested to have this matter placed on the next agenda. Discussion Items: 1. Councilman Nugent asked whether the City Manager has talked with Pass Petroleum concerning the leasing of the City property. Mr. McDaniel reported that he has talked with two different gentlemen concerning this matter and they indicated that everything was fine. There being no further business, the meeting adjourned at 4:00 p.m. ATTEST: d - Chris Serres, City Secretary City of Nederland, Texas 1 F� Homer E. Nagel, Mayor City of Nederland, Texas 1 9 7 198 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. June 23, 1987 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Tom E. Lee, Jr., Councilman Michael R. Bourque and Councilman R. A. "Dick" Nugent. A motion was made by Councilman Nugent and seconded by Councilman Bourque to approve the minutes of the June 9, 1987 meeting. All Voted aye. Mayor Nagel called a Public Hearing to order at 6:30 p.m. for the purpose of receiving comments from citizens regarding the repair of sewer customers' deteriorated sewer lines. He thanked everyone in attendance and then called on the City Manager to give a brief overview as to the reasons the City is having to ask its citizens to repair their deteriorated sewer lines. Howard McDaniel, City Manager, asked John Bernard, Wastewater Superintendent, to give the overview stating that Mr. Bernard has worked on this project since the time of inception and could bring everyone up to date on the chronology of the events. John Bernard, Wastewater Superintendent, reported that in 1977 -1978 the City began an E.P.A. project which was to be 75% funded. The project entailed the rehabilitation of all lines in the City either by line replacement, new lines, , point repair or slip- lining. One requirement set out by the Texas Water Commission, Enforcement Branch on the E.P.A. project, was an infiltration inflow study to determine the amount of rain or surface water that was being allowed to infiltrate through deteriorated sewer liens. The study was performed with the use of smoke - testing, which revealed 750 deteriorated sewer lines throughout the City. Mr. Bernard went on to explain that, at the present time, our daily permitted maximum average is 3.0 million gallons per day and this average is easily exceeded during periods of heavy rain. On April 1, at a meeting called by the Texas Water Commission, Howard McDaniel, City Manager, and John Bernard requested permission to apply for a permit that would allow an increase in the daily permitted maximum from 3.0 to 3.8 million gallons per day, adding that the wastewater treatment plant had the capacity for such an increase. They were then informed that the City could apply for a new permit, but that would not satisfy the infiltration problem the City is now experiencing. The City Manager and Wastewater Superintendent were then informed that the City must take definite action toward having the deteriorated lines repaired and asked for specific dates as to when customers would be notified of their deteriorated lines and when the City Council would hold a Public Hearing relative to the repair of these lines. John Bernard stated that the City has complied with all of the T.W.C.'s requests to date. Howard McDaniel, City Manager, added that photographs were taken of the 750 deteriorated sewer lines identified in 1977 or 1978 through smoke - testing and a file was maintained on these lines. The point at which the smoke was coming through the ground was circled on the photographs. He went on to explain that the grant was for the City to repair public lines and to expand the treatment plant to such a capacity as to take care of the expected daily flow through the plant. However, as a stipulation of the grant, the E.P.A. stated that if, after all the rehabilitation work was completed, there was still significant infiltration inflow into the system, the City would be expected to contact those persons whose 170/ 199 lines have been identified as being deteriorated and to have those customers repair their lines. Mr. McDaniel explained that the City had not addressed this problem before this time because it was their hope that, after completing the rehabilitation on the public lines and expansion of the sewer plant, there would be no need to address the individual customer's service line stipulation. However, at the April 1 meeting, the Texas Water Commission reported that, although the City had completed the rehabilitation of public lines and the plant renovation, the capacity that was running through the plant was still more than the limits the T.W.C. would allow. The City Manager informed the T.W.C. that the plant was physically able to treat more wastewater than what the permit calls for. The Texas Water Commission told the City Manager and Wastewater Superintendent that the City could apply to have the City's permit increased so that it would correspond with the physical capacity of the plant. However, the individual customer's service line repairs must be addressed. The T.W.C. then asked for a specific time -table as to what the City planned to do and when the City would begin addressing this problem. The City Manager indicated to the T.W.C. that the City would start by pulling the files of the 750 known deteriorated sewer lines and would begin notifying those customers of the need to have these lines repaired. Mr. McDaniel then explained that the main reason for the Public Hearing was to get the citizens' input and suggestions as to what method the City should apply to make sure these lines are repaired and in turn to inform the citizens of what method the staff has been considering to ensure that compliance in accordance with the grant is carried out and that the individual service lines are repaired. He added that so far the City is receiving a lot of voluntary compliance and hoped that this voluntary compliance would continue. However, if the City does not get voluntary compliance from everyone notified, the City will have to initiate some action where the City either repairs the individual's line and back - charges the customer on their water and sewer bill ' or will have to apply a surcharge to the customer's monthly bill until such time as the deficient line is corrected. Some action must be taken by the City to show the State and Federal Government that the City is working toward fulfilling the requirements of the grant. He then stated that the staff would answer any questions at this time. Mayor Nagel asked for questions and /or comments from the audience. There were several questions from the audience concerning the accuracy of the test, the time limit that would be placed on the individuals to have their lines repaired, requirements and costs of permits, and availability of photographs. Mayor Nagel informed the citizens that the individuals would have a time limit but did not know at this time exactly how long the T.W.C. would give the City to have these repairs made. He then went on to explain that the proposal being made by the City to ensure that all sewer lines are repaired is, for those customers who do not voluntarily repair their line, to add a surcharge to the sewer bill until such time as the line is repaired. Howard McDaniel, City Manager, responded to the question regarding the time frame in which the lines must be repaired by adding that the T.W.C. asked the City to stage the process. They first wanted to know when the City would begin notifying the customers of the need to repair their lines. The City Manager informed the T.W.C. that letters would be mailed June 1 notifying customers of their deficient lines. The T.W.C. then asked for the date of the Public Hearing and asked for results of the Public Hearing. Mr. McDaniel stated that the City would apprise the T.W.C. of the comments and discussion that took place during the Public Hearing. He said that it was his feeling that the T.W.C.'s next request would probably be for a time -table the City has set up for compliance with the requirements. Mr. McDaniel stated that the City would try to get as much time as possible, but could not predict what the T.W.C. will all at this time. 2 0 0 Minut¢$n a Continued, June 23, 1987 A suggestion was made that the city waive the permit fee for those individuals whose lines have been identified through the smoke -tests to help alleviate some of the costs these individuals will experience. Mayor Nagel thanked the gentleman for his suggestion and stated that it may be possible to waive the permit fee. He went on to explain that, even if the fee was waived, those individuals would still need to take out a permit so the City would have a record of the line being repaired. Mayor Nagel then asked for comments concerning the staff's suggestion that a surcharge be placed on each customer's water and sewer bill who would not voluntarily repair their line, stating that the fee would be $15.00 per month until such time as the line is repaired. He further stated that $15.00 per month is the total cost to the City of Nederland to treat the extra water being allowed to infiltrate through the 750 deteriorated sewer lines. He also asked for the Councilmembers' feelings on waiving the permit fee for the 750 customers whose lines have been identified as being deteriorated, stating that he felt this was a reasonable request. The Councilmembers stated that they were in favor of waiving the permit fee and also felt that this was a reasonable request. Mayor Nagel then informed the citizens that they would be receiving more informa- tion regarding this matter and stated that this meeting was to inform the citizens what the City's tentative plans were and to receive suggestions from everyone in attendance. The Public Hearing adjourned at 7:15 p.m. A motion was made by Mayor Nagel and seconded by Councilman Nugent to table re- ' ceiving comments from representatives of Grier Construction relative to the waste- water treatment plant project. Mr. Grier called and stated that he and his attorney would not be attending the meeting. All Voted Aye. A motion was made by Councilman Lee and seconded by Mayor Nagel to appoint City officials in accordance with the City Charter from July 1, 1987 to June 30, 1988 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 to appoint Emergency Management Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Emergency Management Coordinator and Bill Neal, Assistant Coordinator. All Voted Aye. Mayor Nagel commended City officials for their performance during the past year and for their dedication to the City. Howard McDaniel, City Manager, informed the Council that the Police Department has recommended the approval of the application for "on premise" consumption of alcoholic beverages made by Mesquite Junction. A motion was made by Councilman Lee and seconded by Councilman Bourque to approve the application submitted by Mesquite Junction for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70. All Voted Aye. The regular Council Meeting was recessed at 7:30 p.m. for the purpose of conducting an Executive Session at 7:30 p.m. Mayor Nagel called the regular Council Meeting back to order at 8:00 p.m. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table the Executive Session relating to legal and personnel matters. Discussion Items: 1. Councilman Bourque reported that it has been brought to his attention that the corner of Boston Avenue @ 3rd Street is a potential traffic problem and asked the staff to look into this matter. 2. Councilman Sawyer reported that grass needs to be mowed at various locations throughout the City. Two locations in particular are 611 10th Street and 510 11th Street (11th Street @ Detroit Avenue). Also, he reported that there is a house that is about to collapse located in the 700 Block of 10th Street. 3. Councilman Lee commended the staff on the street program. 4. Howard McDaniel, City Manager, informed the Council that the street overlay surface was not as smooth as the staff hoped it would be, but that the staff did the best they could. 5. Mr. McDaniel reminded the Councilmembers that a T.M.L. Region XVI Meeting will be held Thursday, July 16, in the Groves Activity Center and that they will need to R.S.V.P. by July 1. 6. Mr. McDaniel informed the Councilmembers that B.F.I. has bought Superior Street Sweeping Services who currently holds the contract with the City to sweep the streets. The monthly fee will remain the same and the staff anticipates no problems. There being no further business, the meeting adjourned at 8:10 p.m. 'omer E. Nagel, Mayor City of Nederland, Texas ATTEST: Il Chris Serres, City Secretary City of Nederland, Texas I L 201 202 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. July 14, 1987 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Michael R. Bourque and Councilman R. A. "Dick" Nugent. Councilman Tom E. Lee, Jr. was absent. A motion was made by Councilman Nugent and seconded by Councilman Bourque to approve the minutes of the June 23, 1987 meeting. All Voted Aye. Mrs. Betty Dixon, with the Chamber of Commerce, gave the 1987 Tourism Report to the City Council. Mrs. Dixon reported that Nederland, Port Neches and Groves Chambers of Commerce, working with the Port Arthur Convention and Visitors Bureau, initiated a key -to -area brochure. The guide contains information concerning fishing, pleasure cruises, hunting, camping, public parks, golfing and tennis, festivals, miscellaneous events, night life, museums, history of each city, hotel /motels, RV parks, shopping malls and a map of participating restaurants. Mrs. Dixon also reported the advertisement of both the French Museum and Windmill Museum is being continued in the East Texas Vacation Guide with a map. Registered visitors to the Windmill Museum and French Museum totaled 8,758 persons involving 11 countries and 40 states and that planned bus tours through the City totaled 19. Mrs. Dixon then commended the Nederland Historical Society for there help in assisting with the bus tours during the week days and reported that this Society was instrumental in upgrading the appearance of the interior of both museums. Mrs. Dixon added that money has been set aside to furnish the second floor of the French Museum but artifacts of the 1700 era were extremely hard to find. Mrs. Dixon then told the Council that the Community Tulip Garden in Tex Ritter Park proved to be the most news worthy and brought visitors from Southeast Texas as well as from Louisiana and Arkansas. Within two months after the March Heritage festival, the original 46 tulip beds were reserved for 1988 and there are plans to enlarge the tulip beds this year. Mrs. Dixon then commended all of the volunteers who dedicated their time and expenses in efforts to promote both the museums. She stated that 101 people worked the Windmill Mobile Unit to promote Nederland's Dutch culture and that Nederland was represented at nine festivals this year, those being the Dogwood Festival in San Antonio, Texas Rice Festival in Winnie, Dickens on the Strand in Galveston, Heritage Festival and Polderfaire Arts & Crafts Show in Nederland and the Mardi Gras Festival in Galveston. Mayor Nagel thanked Mrs. Dixon for the 1987 Tourism Report. Howard McDaniel, City Manager, told the Council that the reason for requesting an amendment to Ordinance No. 164, changing the August 11, 1987 City Council meeting time from 3:00 p.m. to 6:30 p.m., was due to a requirement set out in the City Charter. He went on to explain that the charter requires that a Public Hearing must be held before August 15 relative to the adoption of the budget. Since the August 11 meeting is regularly scheduled to begin at 3:00 p.m., permission is being asked to amend Ordinance No. 164 in order to alleviate the problem of having to meet twice on this scheduled meeting date and also to allow more citizens the opportunity to attend the meeting. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve the amendment to Ordinance No. 164 changing the August 11, 1987 City Council meeting from 3:00 p.m. to 6:30 p.m. All Voted Aye. July 14, 1i0/ Howard McDaniel, City Manager, gave an overview of the 1987 -1988 budget. He 2 0 told the Council that this year's budget presented a challenge, with the needs being what seemed to be unlimited and resources being limited, but, he did feel that this budget is the culmination of what is determined to be the most cost effective use of the City's funds along with the goals and direction that the City proposed to follow in fiscal 1987 -1988. The City Manager stated that, as in the past, the largest budget expenditure is the General Fund Debt Require- ment in the amount of $1,361,000 which is, however, a decrease of $34,000 less than in fiscal 1986 -1987. He then told the Council the ratio of debt to operations is becoming a little more comfortable for the City to live with, adding that the City's bonded indebtedness no longer exceeds our general operating expenses. The City Manager told the Council that also proposed in this budget was the street rehabilitation overlay program at a cost of $290,000 which includes the overlay of the employee parking lot behind City Hall, the painting of the Canal Street water storage tank at an estimated cost of $55,000 and for the first time, money is allocated for Gulf States Utilities rate case expenses. Mr. McDaniel explained that, in the past, the City was reimbursed by Gulf States as expenses were incurred. However, a change in company policy which delays payment until the conclusion of a rate case has made necessary the creation of this account to be funded in the amount of $100,000. He then told the Council that one of the most difficult and delicate portions of the budget deals with the City's employees and added that a different approach was taken this year concerning cost -of- living adjustments. He stated that in an effort to maximize the dollars allocated, yet at the same time be able to live within the budget, a 4% cost -of- living adjustment is being proposed in a lump -sum, one -time, pay- ment to be made during the month of December at a cost to the City of $88,916.30. Mr. McDaniel went on to explain that all benefits tied to the increase, such as retirement, would remain at the present level and stated that the insurance committee is making every effort to keep employee health insurance premiums ' at their present level, however, high usage in 1987 may cause an increase in premiums during fiscal 1988. The employees would bare the cost of any increase. Mr. McDaniel then stated that, again this year, capital expenditures represented a considerable amount of the budget with the total proposed cost being $423,000. This money would be used to make the second and final payment for a piece of firefighting apparatus, two garbage trucks, one sewer cleaner, two police cars and various light trucks and equipment. The ongoing program of water line re- placement is proposed to be continued this budget with ,$30,000 being budgeted to increase line size in the downtown area. The construction phase of 21st Street from Nederland Avenue to Avenue H is tentatively scheduled to begin within this budget year at an estimated cost of $1,000,000 which the City is prepared to secure through a line of credit with First Republic Bank. If the money is borrowed, the first payment will be scheduled after October 1, 1988, in fiscal 1988 -1989. The City Manager assured the Council that he would come back to the Council sometime during the course of this fiscal year to make sure that all Members were willing to establish this line of credit and proceed with this project. Mr. McDaniel concluded the budget overview by stating that the tax rate for fiscal 1987 -1988 remained unchanged at $.62 per $100 of assessed value which falls well below the 3% effective tax rate limit established by State Statute. Mayor Nagel stated that, although he had not had a change to go over the budget in detail, the budget proposal looked good especially when considering the $13,000,000 decrease in valuation the City experienced this year. Mayor Nagel then commended the employees for being able to propose this budget without any increases in the tax rate and other city fees. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to accept the budget overview as presented by the City Manager and to approve the Resolution accepting the City of Nederland General Budget for the fiscal year being October 1, 1987 and ending September 30, 1988 and calling for a Public 204 Minut*9 Continued, July 14, 1987 Hearing to be held at 6:30 p.m, August 11, 1987. All Voted Aye. Howard McDaniel, City Manager, presented the schedule for the 1987 Driveway Program. He stated that, with Council's approval, plans are to begin announcing to the public July 15, 1987 that the City is entering into the driveway program again this year and that applications will be accepted through August 4. The last date that the City will accept payments is August 18 with construction to commence August 24, weather permitting. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the 1987 Driveway Program schedule as presented by the City Manager. All Voted Aye. The City Manager briefed the Council on the asphalt overlay program stating that although request was originally made for payment of Estimate No. 1 and Final to Clark Construction for the overlay program, the staff is recommending that, at this time, payment should be made for only Estimate No. 1 in the amount of $80,000. He stated that there are some details that needed to be worked out with the contractor regarding this project before recommendation could be made for final payment. A motion was made by Councilman Nugent and seconded by Councilman Bourque to approve payment of estimate No. 1 in the amount of $80,000 to Clark Construction for the asphalt overlay project. All Voted Aye. The City Manager briefed the Council concerning the request made by Grier Con- struction Company for modification to the final payment made to that Company relative to the wastewater treatment project. Mr. Grier feels that the City owes his company more than was granted to him in the final payment. Mr. Mr- ' Daniel went on to explain that, since consensus could not be reached with Grier Construction relative to this matter and following the E.P.A.'s guidelines for conflict resolution, the City has been talking with Schaumburg and Polk Engineers. This engineering firm has worked for nine different clients representing forty different projects that were under the guidelines of the E.P.A. and the request is being made to have Schaumburg and Polk Engineers to come in as an independent, disinterested engineer to analyze the wastewater treatment plant project as called for in the guidelines of the E.P.A. Mr. McDaniel told the Council that, in order to limit the liability of Schaumburg and Polk Engineers, the request is actually for the City Council to authorize the City Attorney to retain Schaumburg and Polk to prepare for possible litigation. The maximum cost to the City for this work would be no more than $6,000. Mr. McDaniel went on to explain that the study would be performed in two phases. The first phase would be to determine whether or not the contractor has a legitimate claim against the City and if so, the second phase would be to determine the amount the contractor is due. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the City Attorney to retain Schaumburg and Polk Engineers to prepare for possible litigation relative to the wastewater treatment plant project. All Voted Aye. The City Manager reminded the Council that every three years the City changes outside auditors. Mr. Everette W. Browning, C.P.A. has submitted a proposal of $4,950 and has served as the City's auditor in the past. With Mr. Brown's proposal being in line with what has been charged in the past and since he is very familiar with the City's system, recommendation is being made to designate Mr. Everette W. Browning as the City's auditor for fiscal 1986 -1987 A motion was made by Councilman Sawyer and seconded by Councilman Bourque to retain Mr. Everette W. Browning, C.P.A., as auditor for fiscal 1986 -1987. All Voted Aye. —L—Uu u, JLLly 14, IYO/ A motion was made by Councilman Bourque and seconded by Mayor Nagel to approve payment of the bills as presented by the City Treasurer for the month of June. All Voted Aye. The regular meeting was recessed at 3:40 p.m. by Mayor Nagel for the purpose of conducting an Executive Session. The regular meeting was called back to order by Mayor Nagel at 4:00 p.m. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session relating to potential litigation and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Bourque asked how the new garbage truck was working out. The City Manager responded that it was working out well. 2. The City Manager reminded the Council of the T.M.L. Region XVI Meeting scheduled for Thursday, July 16, at 6:30 p.m. to be held in Groves. 3. The City Manager then told the Councilmembers that the Mayor received a letter from Mr. Ed Moore, Commissioner of Precinct 4 in Jefferson County, asking that the City pass a resolution supporting the Texas Department of Corrections building a facility in Jefferson County. He then called on Councilman Nugent to brief the Council concerning this matter. Mr. Nugent reported that the State is proposing to build two different minimum security facilities housing from 500 to 2000 inmates. The County is interested in both of these facilities due to the economic boost they would give to our area. The City Manager then stated that if the Council was in agreement and if Mr. Nugent could get him a copy of those resolutions, he would put the resolutions on the agenda for the next Council meeting. There being no further business, the meeting adjourned at 4:15 p.m. ATTEST: Chris Series, City Secretary City of Nederland, Texas 1 Homer E. MayorV of Nederland, Texas 206 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 28, 1987 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Tom E. Lee, Jr. and Councilman R. A. "Dick" Nugent. Councilman Michael R. Bourque was absent due to illness. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the July 14, 1987 meeting. All Voted Aye. Mayor Nagel then read a Proclamation declaring August, 1987 as "National Association of Letter Carriers' Month" and urged the citizens of Nederland to recognize the National Association of Letter Carriers for their loyalty, dedication and continuing support of MDA. A motion was made by Councilman Nugent and seconded by Mayor Nagel to accept the Proclamation declaring August, 1987 as "National Association of Letter Carriers' Month" and to urge the citizens of Nederland to recognize the National Association of Letter Carriers for their loyalty, dedication and continuing support of MIA. All Voted Aye. The Council then received comments from Mrs. Hawkins, 824 Atlanta Avenue, relative to livestock in her neighborhood. Mrs. Hawkins complained that the smell from the livestock was horrible and that she had a never - ending problem with roaches and rats. Mayor Nagel then explained to Mrs. Hawkins that, due to recent complaints from her (Mrs. Hawkins), the City has investigated the property in question and has found that the property owners are in compliance with Livestock Ordinance 1189. In response to Mrs. Hawkins' complaint concerning roaches, Mayor Nagel informed her that roaches are a constant harassment along the Gulf Coast. Mayor Nagel then told Mrs. Hawkins that, if she felt she was being unjustly treated, she could file charges in the City Municipal Court and let the Judge rule on this case. Howard McDaniel, City Manager, reported to the Council that final payment for the annual street program is recommended. He stated that the final amount represented $7,400 more than was budgeted but the additional cost was no fault of the contractor. Mr. McDaniel went on the explain that the additional cost was incurred due to the rains during the course of the project which caused difficulties with the base. Because of the base failure, the contractor was directed to completely reconstruct the base of 23rd Street and a substantial portion of 14th Street. Another cause of the additional cost was due to South 2nd Street being overlayed this year. This street was not budgeted as part of this years' program, but did not cause a substantial increase in the cost. The City actually split the cost of overlaying this street with the contractor. He stated that most of the additional costs were incurred due to the base failure on 23rd and 14th Streets. A motion was made by Councilman Lee and seconded by Councilman Sawyer to approve payment of Estimate No. 2 and Final in the amount of $27,437.03 to Clark Construc- tion for the asphalt overlay program. All Voted Aye. .,u Y co, 17a/ n7 Howard McDaniel, City Manager, informed the Council that a letter had been received from Mr. Ed Moore, County Commissioner, asking the City to join in the effort to allow private enterprise to construct and operate a prison facility in Jefferson County in cooperation with the Texas Department of Corrections and to pass a resolution to that effect. He stated that, due to the economic situation of Jefferson County, the Commissioners' Court felt the need to try to diversify the economy of this area and the private prison concept may be a way of doing this. Councilman Nugent added that this is a county -wide campaign for support of private enterprise locating a prison facility in Jefferson County due to the boost it would mean to our economy. Mayor Nagel then asked the City Manager to read the Resolution encouraging the Texas Department of Corrections and private enterprise to locate prison facilities in Jefferson County. After the reading of the Resolution, a motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the Resolution encouraging the Texas Department of Corrections and private enterprise to locate prison facilities in Jefferson County, Texas and to lend support as is feasible under the circum- stances. All Voted Aye. The City Manager told the Council that permission was being asked to authorize D. E. Sosa and Tom Hicklin to attend a drug testing seminar to be held in Houston on August 28, 1987 due to more and more drug - related problems being encountered in the workforce. He stated that the staff determined that it would be in the best interest for the City of Nederland to have some of the City employees versed in how to identify drug related problems and how to deal with these problems. He went on to explain that he is requesting to send D. E. Sosa, Personnel Director and Tom Hicklin, Safety Coordinator, because of the direct contact they have on a day -to -day basis with the employees. He did stress the fact that we had no reason to believe that any drug - related problems exit within our organization but, felt that we did need to be in a position to identify and deal with such situations should they occur. He told the Council that the cost to send D. Sosa and Tom Hicklin to this seminar would be approximately $250.00. A motion was made by Councilman Lee and seconded by Councilman Sawyer to authorize D. E. Sosa, Personnel Director, and Tom Hicklin, Safety Coordinator, to attend the drug testing seminar to be held in Houston, August 28, 1987. All Voted Aye. The City Manager then told the Council that the City received instructions from the E.P.A. to have a representative present at the National Pollutant Discharge Elimination System Compliance Workshop to be held in Dallas on August 13, 1987. He further stated that the E.P.A., in conjunction with the Texas Water Commission, is continually revising their guidelines relative to wastewater treatment and discharge and that a fairly substantial change in these regulations is eminent and it would be to the City's advantage to be aware of these changes to be able to begin plans to comply with the guidelines. He stated that the cost to send the Wastewater Superintendent to this seminar would be approximately $300. A motion was made by Councilman Lee and seconded by Mayor Nagel to authorize John Bernard, Wastewater Superintendent, to attend the National Pollutant Discharge Elimination System Compliance Workshop to be held in Dallas, Texas on August 13, 1987. All Voted Aye. - Minutes Continued, July 28, 1987 08 7 8 '1 Howard McDaniel, City Manager, informed the Council that there is a possiblility of insurance premiums increasing. He stated that the staff is seeking authoriza- tion to advertise for bids for group health insurance should the need for the new coverage arise. He further explained that the City is waiting for the present company to announce its rate increase. If the increase is within reason, then there will be no need to seek bids. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to authorize the advertisement for bids for group health insurance if needed. All Voted Aye. Noticing a large group of citizens in attendance, the Mayor asked if anyone had comments or questions for the Council or if those present were just visiting the Council Meeting. Several people asked to speak concerning the livestock problem on Atlanta Avenue. The people present all lived in the neighborhood of 816 Atlanta and complained about the odor of the livestock. Mayor Nagel again explained that the City's investigator would make a reinspection of the property in question. If he still found the property owners to be in compliance with Livestock Ordinance No. 89, the only recourse would be for them to file charges in the City Municipal Court. The City Manager told the Council that he and the City Attorney would like to discuss with the Council, in Executive Session, the appointment of an interim Municipal Court Judge before a final decision is made. Mayor Nagel then called for a recess from the regular meeting at 7:25 p.m. to discuss this personnel matter. The regular meeting was called back to order by Mayor Homer E. Nagel at 7:40 p.m. He then explained to the audience that the Council met with the City Manager and City Attorney in Executive Session to discuss the appointment of an interim Municipal Court Judge due to the City Judge being hospitalized and it being unknown as to when he will be able to return to work. A motion was made by Councilman Nugent and seconded by Mayor Nagel to appoint Mr. Richard D. "Rick" Hughes as interim Municipal Court Judge and to pay him a weekly salary of $200.00. All Voted Aye. Discussion Items: 1. Councilman Nugent asked the City Manager if he had checked into the possibility of spraying along the curb lines for weeds. The City Manager responded that he had talked with the Public Works Director and plans are being made to get this done. 2. The City Manager told the Council that the preliminary engineering design work on the 21st Street project was complete and would like to show the design and configuration to them before the drainage design has begun. After the Council had a chance to study the design, they directed the City Manager to instruct the engineer to begin the drainage design. There being no further business, the meeting adjourned at 8:10 p.m. AT S T : „ ` Homer E. Nagel, Ma or City of Nederland, Texas Chris Serre', City Secretary City of Nederland, Texas A I 1