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1987-1989
I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 11, 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 Council Michael R. Bourque. Councilman R. A. "Dick" Nugent was absent. A motion was made by Councilman Sawyer and seconded by Councilman Lee to approve the minutes of the July 28, 1987 meeting. All Voted Aye. Mayor Nagel called a Public Hearing to order at 6:33 p.m. for the purpose of receiving questions and /or comments on the proposed City of Nederland budget for the fiscal year beginning October 1, 1987 and ending September 30, 1988. Howard McDaniel, City Manager, gave a brief summary of the proposed 1987 -1988 budget. He reported that since his last presentation of the budget, there was a minor adjustment in the loss of value as presented by the Appraisal District. Mr. McDaniel then outlined the highlights of the proposed budget stating that again this year the debt service requirement to pay for 1977 and 1988 bond issues is the major expenditure in the budget, but, we are seeing a reduction in the debt fund requirement. The 1988 requirement will be $1,361,000 which is approxi- mately 2}% less than last years debt requirement. Also proposed in this budget is the continuation of the street rehabilitation and overlay program at a budgeted cost of $290,000; $13,000 of the $290,000 will be used to overlay the employee parking lot behind City Hall. Mr. McDaniel then reported that also proposed in this budget is the cleaning and painting of the elevated storage tank on Canal Avenue at a cost of approximately $55,000; $100,000 allocated for the cost incurred on Gulf States Utilities rates cases; and, a one -time, lump -sum cost of living increase for employees at a cost of approximately $89,000. The benefits will remain the same. Mr. McDaniel then told the Council that there has been no information received concerning the increase in insurance premiums for this year but a minor increase is anticipated. He then briefed the Council on the capital expenditures budgeted for 1987 -1988. He reported that the City will be replacing two garbage trucks; making a final payment on a piece of fire- fighting apparatus; purchasing a new sewer cleaner, two police cars and various trucks and equipment. Also allocated is $30,000 for the ongoing program of water line replacement throughout the city. The City Manager concluded his summary on the 1987 -1988 budget stating that the tax rate will remain at $.62 per $100 valuation again this year and no service charge increases are proposed in the budget. Mayor Nagel questioned whether or not the $100,000 allocated for Gulf States Utilities rate hearing expenses will be reimbursed by G.S.U. when the hearing have been completed. The City Manager responded that, although the law provides that a utility company has to reimburse the governmental entity for expenses incurred on rate hearings, they do not have to reimburse these funds until the conclusion of the case. Councilman Lee inquired as to when the staff planned to begin the 21st Street project. UUL1Li11ueu, tiuguSL 11, lyii/ Howard McDaniel responded that plans for the 21st Street project are being tabled at the present time due to several potential liabilities that are outstanding. Mr. McDaniel then explained that there has been no information received relative to the claim being made by Grier Construction on the wastewater treatment plant which is a potential liability in the amount of $500,000. Also, it is not known how much of the cost of the project will be declared ineligible by the E.P.A. He stated that even though it is his recommendation to table plans for the 21st Street project, the engineering will be complete and the staff will be prepared to begin the project when these claims are settled. Mr. McDaniel then emphasized that, since this project was in the bond program, he felt an obligation to get this project completed as soon as possible. Mayor Nagel then made a budget comparison for those in the audience stating that the budget increased less the $5,000 when compared with last year's budget. He then asked for questions and /or comments from the audience. Mr. Rothrock commended the City Manager on the budget proposed for 1987 -1988 and stated that he felt the city manager was doing a good job as far as holding down spending, but, he was concerned with the City's misuse of manpower. Mr. Rothrock went on to state that he noticed a City employee sitting in a vehicle while another employee was spraying along the curbs to kill weeds. He stated that this was just one example of the misuse of manpower he is speaking of. The other instance was during the replacing of a stop sign. He reported that it took 4 or 5 city employees, a gradall, dump truck and a pickup truck to set a stop sign. The City Manager stated that the staff is aware of the fact that there are occasions where the City's manpower is misused and is striving to put an end to this problem. He also reminded Mr. Rothrock that one accomplishment already made by the city is that city employees no longer gather at local coffee shops. ' Mayor Nagel added that the reason for not filling any vacancies that occurred in the last few years was this misuse of manpower. Councilman Sawyer questioned whether or not the City was still receiving revenue sharing funds. The City Manager stated that the City is no longer receiving these funds. There being no further questions and /or comments, Mayor Nagel adjourned the Public Hearing at 6:50 p.m. Mayor Nagel read Ordinance No. 387 which levies taxes for the use and support of the municipal government of the City of Nederland and provides for the interest and sinking funds for the year 1987. A motion was made by Councilman Lee and seconded by Councilman Bourque to approve Ordinance No. 387 levying taxes for the use and support of the municipal government of the City of Nederland and providing the interest and sinking funds for the year 1987; and to adopt a tax rate of $.62 per $100 valuation. All Voted Aye. The City Manager then reported to the Council that the 1987 assessed value for the City of Nederland is $324,317,690 which includes exemptions. Industrial values are $166,969,486. Total assessed value for the City of Nederland is $491,287,176. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Minutes Continued, August 11, 198/ the 1987 appraisal roll as certified by the Jefferson County Appraisal District in the amount of $324,317,690. All Voted Aye. The City Manager reported that he would like to table the request from payment of $10,758.42 from Klotz /Associates for services rendered in connection with Grier Construction Company. He explained that when this request was placed on the agenda, he had anticipated the report from Shaumburg Polk to be completed, however, the report in only 60% complete and before authorizing payment to Klotz/ Associates, the City Manager would like to have more information from Shaumburg Polk as to their analysis of the professional services as they relate to the Grier project. He went on to explain that he wanted to be sure that no payments were being duplicated. A motion was made by Councilman Bourque and seconded by Councilman Lee to table the request for payment in the amount of $10,758.42 from Klotz /Associates for services rendered in connection with Grier Construction Company. All Voted Aye. A motion was made by Councilman Lee and seconded by Councilman Bourque to authorize payment of bills for the month of July. All Voted Aye. Mayor Nagel called the regular meeting to recess at 7:00 p.m. in order to conduct an Executive Session. The regular meeting was called back to order at 7:10 p.m. by Mayor Nagel. He informed the audience that the City Manager apprised the Council of a personnel matter but no action was needed by the Council. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Sawyer commended city employees for repairing broken water lines in such an expedient manner. 2. Mayor Nagel stated that he noticed city employees trimming trees around the city and asked to have the trees trimmed during the regularly scheduled trash pickup to alleviate the trash piles after the tree trimming. The City Manager reported that the trimming was scheduled during each zones trash pickup and was trying to have the limbs picked up as quickly as possible. 3. The City Manager reported that he received a letter from the Regional Planning Commission informing him that the City's representative on the Regional Health Planning Advisory Commission, Andrea Sawyer, is moving out of the area and the City will need to get a replacement for her. The City Manager then asked for suggestions. Councilman Lee suggested the new director of the Senior Citizen Center pointing out that she is a registered nurse. After a dicussion, the City Manager responded that he would check on this matter and if the director was in agreement to serve on the Regional Health Planning Advisory Commission, he would place this item on the next agenda. 4. The City Manager then reported that a new business is moving to Nederland. The Oak Creek Manufacturing Company, manufacturer of home entertainment centers, will be employing approximately 40 persons and hopefully will expand to 70 persons in the near future. 5. The City Manager then reported that at the Folklife Festival in San Antonio, the Nederland Windmill Display won first place. — LLULe5 kvuLliiuea, F1ugUSL 11, "tS/ R �f A There being no further business, the meeting adjourned at 7:20 p.m. Homer E. Nagel, Ma or City of Nederland, Texas ATTEST: �&� L C ris Serre , City Secretary City of Nederland, Texas 1 1 9 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 p.m. August 25, 1987 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Councilmembers present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Tom E. Lee, Jr. and Councilman Michael R. Bourque. Councilman R. A. "Dick" Nugent was absent due to illness. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the August 11, 1987 meeting. All Voted Aye. Howard McDaniel, City Manager, informed the Council that payment in the amount of $10,758.42 to Klotz /Associates is being recommended. He explained that this payment is for work performed by Klotz /Associates during the past year, beginning last August to present date, in an effort to respond to claims made by Grier Construc- tion Company relative to the wastewater treatment plant. A motion was made by Councilman Lee and seconded by Councilman Sawyer to authorize payment to Klotz /Associates in the amount of $10,758.42 for services rendered in connection with Grier Construction Company (wastewater treatment plant). All Voted Aye. The City Manager informed the Council that request for authorization to hire Jon Burmeister to represent the City of Nederland in the lawsuit filed by G. R. Grier Construction Company relative to the wastewater treatment plant was put on the agenda, but, it later came to the staff's attention that there may also be other attorneys from the law firm in which Jon Burmeister is a principal representing the City. Therefore, he would like authorization to hire the law firm of Moore, Landry and Garth to represent the City of Nederland in the lawsuit filed by G. R. Grier Construction Company. A motion was made by Mayor Nagel and seconded by Councilman Bourque to authorize the hiring of the law firm of Moore, Landry and Garth to represent the City of Nederland in the lawsuit filed by G. R. Grier Construction Company relative to the wastewater treatment plant. All Voted Aye. The City Manager informed the Council that construction of a concrete apron and appurtenances in front of the City service center is a budgeted item in the current year budget and the staff would like permission to advertise for bids to be received September 8, 1987 at 3:00 p.m. for the construction of this apron and appurtenances. He stated that this concrete apron would not only improve the appearance of the service center but would also add to the safety of the area. A motion was made by Councilman Sawyer and seconded by Councilman Lee to authorize the advertisement for bids to be received September 8, 1987 at 3:00 p.m. for the construction of a concrete apron and appurtenances in front of the City service center. All Voted Aye. The City Manager informed the Council that two new automated garbage trucks are budgeted in the upcoming fiscal year's budget. However, permission is being re- quested to advertise for bids to be received September 22, 1987 because of the status of our current trucks. He went on to explain that, although we are advertis- ing now, the trucks will not be delivered to the City until after we begin the next fiscal year and payment will not be due until that time. ULea UUL1L111UeU, August L�, IVO/ 6 A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the advertisement for bids to be received September 22, 1987 at 6:30 p.m. for two new automated garbage trucks. All Voted Aye. The City Manager informed the Council that due to changes in the election laws, permission is being requested to allow the City Secretary to attend an Election Law Seminar to be held in Austin, August 26 -28, 1987. All Voted Aye. A motion was made by Councilman Bourque and seconded by Councilman Lee to authorize the City Secretary to attend the Election Law Seminar to be held in Austin, August 26 -28, 1987. All Voted Aye. Mayor Nagel then called for a recess in the regular meeting at 6:40 p.m. to convene an Executive Session. Mayor Nagel called the regular meeting back to order at 6:50 p.m. and explained that the City Manager and City Attorney apprised the Council of a lawsuit filed against the City, but no action is needed at this time. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. City Manager stated that he was notified by staff members of the Environmental Control Division of Jefferson County that the County would no longer assist the City in handling complaints relative to unsanitary restaurants, rodent control, etc. However, the County will still be available to hear complaints against the City relative to landfill and swimming pools. After a discussion, the Mayor stated that he would contact the City's Commissioner to set up a , meeting concerning this matter. 2. The City Manager then briefed the Council concerning vandalism within the City of Nederland. He informed the Council that the police department has apprehended teenagers and younger roaming the streets after 11:00 p.m. It is these children who are responsible for most of the mutilating and tearing down of stop signs, street signs and breaking into automobiles. The City Manager then explained that the City spends between twenty and thirty thousand dollars per year re- placing stop signs and street signs that have been torn down or mutilated. He stated that in order to address this situation, the staff feels that an ordinance setting a curfew would help eliminate this vandalism problem and would like permission to place this item on the next agenda. After a full discussion, it was decided that an ordinance will be placed on the next agenda. 3. The City Manager then informed the Council that he received a letter from the T.M.L. apprising the City of the fact that during the last session of the Legislature, a comprehensive sales tax was passed which includes the collection and disposal of municipal garbage. He then stated that in our City the sales tax is 7ji - 6% to the State, 1% to the City and }i to the County. This amount totals an increase of $.52 per garbage customer. However, the staff is proposing to raise garbage fees to $.62 to help defray the cost of reprogram- ing our billing system and defray the cost of collecting and submitting the tax to the State Comptroller's office. After a full discussion, the Council directed the City Manager to notify the garbage customers as to the increase in garbage fees and the reason for this increase. Also, the City Manager was directed to place this item on the next agenda. Minutes Continued, August LS, IV6 / There being no further business, the meeting adjourned at 7:10 p.m. .�__.E o r 'Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 2LAJ1;�- Chris Serre , City Secretary City of Nederland, Texas f 1 0 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. September 8, 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 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 August 25, 1987 meeting. All Voted Aye. Mayor Nagel presented Ms. Bonnie Evans of the Port Neches V.F.W. with a Proclama- tion declaring September 13 -18, 1987 as "P.O.W. /M.I.A. Recognition Week." A motion was made by Councilman Lee and seconded by Councilman Nugent to approve the Proclamation declaring September 13 -18, 1987 as "P.O.W. /M.I.A. Recognition Week" and to urge every citizen to support efforts to resolve this issue. All Voted Aye. Stirling Copp, Director of Public Works, opened and read bids received for the construction of a concrete apron and appurtenances at the Nederland Service Center. Bidders were as follows: E. R. Dupuis Concrete, Ritter Incorporated and T. C. Gray, Inc. After all bids were opened and read, Howard McDaniel, City Manager, asked that the bids be referred to the staff so that the bids could be tabulated and a recommendation made at the end of the meeting. D. E. Sosa, Administrative Assistant, opened and read bids received for employee health insurance. Bidders were as follows: Washington National, Home Life, American General, Third Party Administrators, Hartford, BC /BS and BTLGI. The City Manager explained that the insurance committee would need time to go over these bid proposals and asked that the bids be referred to the insurance committee for tabulation and recommendation at a later date. A motion was made by Mr. Nagel and seconded by Mr. Lee to refer bids received for employee health insurance to the City Manager and staff for tabulation and recommendation. All Voted Aye. The Council received comments from Mr. and Mrs. Charles Beard concerning the proposed curfew ordinance. Mr. and Mrs. Beard felt that this curfew was an infringement on their parental rights. Mayor Nagel asked that no further comments from the citizens be received until after the introduction of Ordinance No. 388, Curfew Ordinance. He then asked the City Manager to read Ordinance No. 388 establishing a curfew between the hours of 11:00 p.m. and 5:00 a.m. Mayor Nagel then asked for comments from the citizens. Comments were received from several citizens. There were both negative and positive comments received. The negative comments being the infringement upon parental rights and the positive comments being that the result of this ordinance would be an end to the vandalism problem throughout the city. Minutes Continued, September 8, 1987 RJ Mayor Nagel asked for comments from the Councilmembers concerning their feelings toward the proposed curfew ordinance. It was the consensus of all the Councilmembers that the Police Department needed this ordinance for leverage in picking up minors when necessary. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the adoption of Ordinance No. 388 setting a curfew between the hours of 11:00 p.m. and 5:00 a.m. for persons under 17 years of age. All Voted Aye. The City Manager briefed the Council concerning State - mandated sales tax placed on municipal garbage service. He informed the Council that all garbage customers have been notified of this increase in garbage fees. Mr. McDaniel then read the caption of amended Ordinance No. 155, setting out the new garbage rates. A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the amendment to Ordinance No. 155, increasing the City garbage bills to satisfy the State - mandated sales tax on garbage service. All Voted Aye. The City Manager briefed the Council concerning proposed Ordinance No. 389. He stated that this ordinance will allow the municipal court to collect special expenses for services performed in cases in which the laws of this State require the case to be dismissed. A motion was made by Councilman Lee and seconded by Mayor Nagel to approve Ordi- nance No. 389 allowing the municipal court to collect special expenses. All Voted Aye. The City Manager then briefed the Council concerning the amendment to Ordinance No. 329, the industrial contract between the City of Nederland and Sun Pipe Line Company. He stated that this contract is the culmination of several months of negotiations. He then explained that, due to certain circumstances within Sun Pipe Line Company, it has been decided to extend the expired 7 year contract for another three years rather that enter into a new 7 year contract. It has been agreed upon that Sun Pipe Line Company would pay to the City of Nederland $235,000 the first year, $250,000 the second year, and the payment in the third year would be the difference between the $235,000 paid in the first year and the $250,000 paid in the second and the amount equivalent to 80% of the total assessed value of land and improvements, plus 20% of the assessed personal property including inventory for the 1987 and 1988 tax years or $275,000, whichever is greater. A motion was made by Councilman Sawyer and seconded by Councilman Lee to approve the amendment of Ordinance No. 329, the industrial contract between the City of Nederland and Sun Pipe Line Company. All Voted Aye. The City Manager explained to the Council that permission is being requested to close a portion of the easement in the Helena Terrace Addition, due to an individual building a swimming pool 2.60 feet into a general utility easement. The individual is now attempting to sell the home and has a buyer. However, due to the encroachment into the easement, the title is clouded. Mr. McDaniel stated that all other utility companies have provided letters stating that they had no problem with abandoning this portion of the easement. The City has no water or sewer lines in this easement and is recommending that this portion of the easement be abandoned. 10 iL1LLLL c` VVLLl111LLCLL, Vcp-LU -1 O, 170/ A motion was made by Councilman Lee and seconded by Councilman Nugent to approve Ordinance No. 390, closing a portion of an easement in the Helena Terrace Addition, and to authorize a quit claim deed to be filed, releasing the same. All Voted Aye. The City Manager briefed the Council concerning the Schaumburg & Polk study made in connection with a lawsuit filed by G. R. Grier. He stated that the request for payment in the amount of $3,884.04 is the final amount due to Schaumburg & Polk for this study. However, the staff feels that it might be prudent to enlist the assistance of Schaumburg & Polk during the G.P.A. audit. The amount to be paid will not exceed the remainder of the original amount of $6,000 set aside to have the study made. A motion was made by Councilman Bourque and seconded by Councilman Nugent to authorize payment in the amount of $3,884.04 to Schaumburg & Polk for work in connection with a lawsuit filed by G. R. Grier and to extend the agreement to include E.P.A. audit assistance. All Voted Aye. The City Manager asked the Council for authorization to advertise for bids to be received September 22, 1987 at 6:30 PM for 250,000 plastic garbage bags and stated that this was a routine agenda item. A motion was made by Councilman Lee and seconded by Councilman Bourque to authorize the advertisement for bids to be received September 22, 1987 at 6:30 p.m. for 250,000 plastic garbage bags. All Voted Aye. The City Manager told the Council that the purchase of a replacement sewer cleaner has been budgeted for the 1987 -1988 fiscal year and would like permission to advertise for bids to be received October 27, 1987 at 6:30 PM. , A motion was made by Councilman Sawyer and seconded by Councilman Lee to authorize the advertisement for bids to be received October 27, 1987 at 6:30 p.m. for a sewer cleaner. All Voted Aye. The City Manager explained that the request for approval for the Nederland Police Department to escort Nederland High School buses to out -of -town football games is a routine item and would like authorization to escort the buses again this year. A motion was made by Councilman Lee and seconded by Mayor Nagel 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 Mayor Nagel and seconded by Councilman Bourque to authorize the City Council and staff to attend the 75th Conference of the Texas Municipal League in Fort Worth October 8 -10, 1987. All Voted Aye. A motion was made by Councilman Lee and seconded by Councilman Bourque to authorize payment of the bills for the month of August. All Voted Aye. At this time, the staff made recommendation to award the bid for the construction of the concrete apron and appurtenances to E. R. Dupuis in the amount of $18,015 with 100 working days. A motion was made by Councilman Lee and seconded by Councilman Sawyer to award the bid in the amount of $18,015 to E. R. Dupuis for the construction of a concrete apron and appurtenances at the Nederland Service Center. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session relating to legal and personnel matters. Minutes Continued, September 8, 1987 1� Discussion Items: 1. Councilman Nugent reported a junk vehicle at 27th Street and Avenue D. 2. Councilman Bourque reported a drainage problem at 1415 S. 16th Street. 3. There are problems with the street lights at 27th Street and Nederland Avenue and the street light in front of Brandi's Coffee Shop. 4. Councilman Nugent asked the City Manager to keep the Council informed as to new business moving into the city. 5. Moe Culley, owner of C & H Printing, was assisted by David Waxmann and Joe Brannon, Economic Development consultants, made a presentation to the City Council regarding an application for an Economic Development grant. The grant would be used to establish a revolving loan account to be made available to other businesses which qualify for this type of assistance. The City would administer the account and serve as a lendor. Repaid funds would be used to make this account perpetual. Mr. Culley's plan is to expand his printing business to produce Lion's Club calendars and a board game, which he presented to the City Council approximately one year ago. He also indicated it is his intent to hire handicapped workers. He was unable, at the time of the meeting, to tell the Council exactly how much money he would apply for. The Council was told by Mr. Waxmann that two public hearings would be required and that the City of Nederland would not be obligated to carry through with this grant until all of the details and requirements of the grants were fully understood and accepted by the City Council. The City Manager suggested that September 22 and October 13 be designated as Public Hearing dates. Mr. Waxmann stated that these dates would fit into the framework of the grant application, which must be delivered to the Texas Department of Community Affairs in Austin no later than October 15. The City Council informally agreed to pro- ceed with the grant request and the City Secretary was instructed to have the public hearing dates published in the local newspaper. There being no further business, the meeting adjourned at 5:15 p.m. ATTEST: j < C1tYis Serres; City Secretary City of Nederland, Texas II� Homer E. Nagel, Mayoiv City of Nederland, Texas 12 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 22, 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 Michael R. Bourque. Councilman R. A. "Dick" Nugent was absent due to illness. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the September 8, 1987 meeting. All Voted Aye. Mayor Nagel called a Public Hearing to order at 6:33 p.m. for the purpose of receiving comments regarding the application for economic development funds relative to the Texas Community Development Program. Mr. Joe Brannon, Economic Development Consultant, gave an overview as to the requirements concerning the application for economic development funds. He stated that this public hearing is one of the requirements for an application under the community development program. He went on to explain that there must be two public hearings held, the first must be held prior to the development of the application and the second after the application has been developed. He explained that the economic development fund is one of four different types of activities for which grants may be applied. He informed the Council that there is approximately ' 13.7 million dollars available state -wide with competition for funds being held every two months starting October 15, 1987. The money is awarded based on how many jobs are produced for low to moderate income. Mr. Moe Cully, C & H Printing, Advertising and Graphics, is planning to hire handicapped persons to work in his print shop. Also, a portion of the proceeds from calendars printed by Mr. Cully company will go to the Lion's Club. Mayor Nagel asked if the City would be held responsible for the money if the application is approved. Mr. Brannon responded that if the application is approved, the City will then enter into a contract with the State and together, the City and State will enter into a contract with Mr. Cully whereby a loan will be made to Mr. Culley. The City will be responsible for the collection of the monthly payments. Mayor Nagel then inquired as to the need for special personnel to handle the collection of this loan. Mr. Brannon informed the Mayor that there is an allowance for administrative money within the contract from the State whereby the City could solicit for an administrative consultant to oversee the program. Howard McDaniel, City Manager, asked Mr. Brannon to mention to the Council what is done with the principal and interest that is paid. Mr. Brannon stated that, during the period of the contract with the State, as payments come in, the City can use this money for "like" economic development activities but they would have to reapply for the money as it becomes available. After the end of the contract, the principal would go to the State and the interest would remain in the City. Minutes Continued, September Lz, ivo/ Mayor Nagel then asked for questions and /or comments from the audience concerning the economic development applications. There being no questions and /or comments from the audience, Mayor Nagel asked Mr. Brannon to direct the City as to the next step relative to the application. Mr. Brannon stated that the next step would be to hold the second Public Hearing. Mayor Nagel adjourned the Public Hearing at 6:40 p.m. and announced the next Public Hearing to be held October 13, 1987 at 3:00 p.m. in the Council Chambers. Stirling Copp, Director of Public Works, opened and read bids received for two new, fully automated garbage trucks. Bidders were as follows: Industrial Disposal, Lone Star Peterbilt, Atterbery Truck Sales, Refuse Technology, Inc., and EMCO. The City Manager asked the Council to refer the bids to the staff for tabulation with recommendation to be made at a later date. A motion was made by Councilman Lee and seconded by Councilman Bourque to refer the bids received for two new automated garbage trucks to the City Manager and staff for tabulation and recommendation. All Voted Aye. Mike Lovelady, Fire Chief, briefed the Council concerning activities scheduled during "Fire Prevention Week." The Fire Department personnel will be visiting the elementary schools as well as working with the area fire departments at Central Mall giving fire prevention talks and puppets shows. Also, the Fire Department will be hosting the second annual "Fire Prevention Week" open -house Tuesday, October 6, 1987 from 5:30 p.m. to 9:00 p.m. Mayor Nagel then read a proclamation declaring October 4 -10, 1987 as "Fire Prevention Week" in the City of Nederland. A motion was made by Councilman Sawyer and seconded by Councilman Lee to approve the proclamation declaring October 4 -10, 1987 as "Fire Prevention Week" in the City of Nederland. All Voted Aye. The City Manager briefed the Council concerning the preliminary plat of the Ex- clusive Subdivision. He stated that this subdivision was presented by Mr. Richard Foust and is to be located at South 16th Street where it intersects at Avenue "L ". He then asked Mr. Foust of Fitz and Shipman to make a presentation of the preliminary plat of the Exclusive Subdivision. After the presentation of the preliminary plat and a full discussion, a motion was made by Councilman Lee and seconded by Mayor Nagel to approve the preliminary plat of the Exclusive Subdivision as recommended by the Planning and Zoning Commission. All Voted Aye. The City Manager informed the Council that the County has asked the City to pass a resolution in support of a regional Texas Department of Corrections facility in Jefferson County. He stated that this resolution is similar to the resolution passed in July of this year except that rather than trying to attract a private facility, the County is now seeking to attract a state - owned, Texas Department of Corrections facility located off of Port Arthur Road. A motion was made by Councilman Bourque and seconded by Mayor Nagel to approve a resolution supporting the effort of the Jefferson County Commissioner's Court to attract a regional Texas Department of Corrections facility in Jefferson County. All Voted Aye. 1 uiaau a.c� a.vuLlttucu, 3epremoer LL, IYZS/ D. Sosa, Administrative Assistant, opened and read bids received for 250,000 plastic garbage bags. Bidders were as follows: Adams Industries, Arrow Industries, Sunbelt Plastics and Poly- America. The City Manager asked the Council to refer bids to the staff for tabulation. He stated that recommendation would be made at a later council meeting. A motion was made by Councilman Lee and seconded by Councilman Sawyer to refer the bids received for 250,000 plastic garbage bags to the City Manager and staff for tabulation and recommendation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. The City Manager informed the Council that the two lowest bidders for health insurance, Home Life and Washington National, have withdrawn their bids due to circumstances beyond our control. He stated that American General, our current carrier, is the third lowest bidder with the cost of the coverage for dependants being $60.00 per month. He added that this amount is double what the employees are presently paying for dependant coverage. He went on to explain that the company has indicated that the premiums would increase approximately 27 %, 17% of which would be up front, with a deferred or retro 10 %. He explained that if, during the course of the year the ratio of insurance premiums paid to claims filed fell within the insurances company's limits, the City would not experience this additional 10 %. All Voted Aye. After a full discussion, a motion was made by Councilman Bourque and seconded ' by Mayor Nagel to award the bid for employee health insurance to American General for a period of one year. All Voted Aye. Discussion Items: 1. The City Manager informed the Council that the City has received their member- ship dues statement from the S.E.T.R.P.C. Enclosed this year as an optional payment is $2,500, which the Council voted to contribute to SET, Inc. last year as a one -time contribution to assist this economic development effort. He stated that he thought this contribution was meant to be a one- time contribution and not an ongoing item. He then recommended to the Council that the City take a "wait and see" posture with regard to this organization. He suggested that if, after seeing what progress has been made in the area of economic development, the City could again consider contributing to this organization the following year. The Mayor and Councilmembers were in agree - with the City Manager to take a "wait and see" posture and not donate to this organization at this time. 2. The City Manager informed the Council that he received a letter notifying the City that by October 15, the City must submit their nomination for a representative to the Central Appraisal District. He stated that he has not had the opportunity to talk with Dick Nugent, who currently serves on the Board, to see whether or not he would be interested in serving another term. He stated that he was notifying the Council so that they could be giving some thought to this matter. Minutes Continued, September 22, 1987 15 There being no further business, the meeting adjourned at 7:25 p.m. ATTEST: bo'�� Chris Serres, City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas 16 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. October 13, 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 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 September 22, 1987 meeting. All Voted Aye. Mayor Nagel called a Public Hearing to order at 3:02 p.m. for the purpose of receiving comments regarding the application of Texas Community Development Program for Economic Development Funds and taking action relative to a resolution supporting the application. Howard McDaniel, City Manager, informed the Council that there will be no need to approve a resolution supporting the application at this time. He then stated that he would like to have Mr. Joe Brannon make comments concerning the application. Mr. Brannon informed the Council that he has not received a commitment from a lending institution supporting this project and must have this commitment before the application can be submitted. He stated that he, therefore, postponed sub- , mitting the application until December, at which time another public hearing must be held. He went on to explain that the resolution supporting the application will need to be approved after he has received a commitment from a lending institution supporting this project. There being no questions and /or comments from the audience, Mayor Nagel adjourned the Public Hearing at 3:05 p.m. The Council received comments from Mr. James Weaver regarding the 1987 Summer Recreation Program. Mr. Weaver reported that there was a slight increase in enrollment and stated that he felt opening a fourth campus this year was the reason for the increase. He added that he felt this was a very successful year and thanked the Council for the City's participation in the program. Mayor Nagel informed Mr. Weaver that he has had nothing but favorable comments relative to the Summer Recreation Program and thanked Mr. Weaver for the report. Mayor Nagel recognized Representative Al Price in the audience and thanked Representa- tive Price for attending the Council Meeting. Representative Price stated that he was in attendance only to visit. Howard McDaniel, City Manager, informed the Council that, although Lone Star Peterbilt Truck Sales, Inc. is the low bidder, the staff is recommending that the bid be awarded to Rand, who is the second low bidder. He went on to ex- plain that Lone Star bid a Wayne body which does not meet the specifications set out by the Public Works Director. It is this reason that the staff is re- commending awarding the bid to the second low bidder in the amount of $198,362.18 which is a difference of $2,606.18. L'11LLULCS l.VLLLILLUCLL, VULVUC1 1J, 170/ A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for two automated garbage trucks to Rand (Peterbilt) in the amount of $198,362.18 Howard McDaniel, City Manager, stated that the staff has reviewed bids submitted for plastic garbage bags and recommends awarding the bid to Adams Industries in the amount of $58.94 per thousand. He added that Adams Industries is the low bidder. A motion was made by Councilman Bourque and seconded by Councilman Lee to award the bid for 250,000 plastic garbage bags to Adams Industries in the amount of $58.94 per thousand. All Voted Aye. Howard McDaniel, City Manager, stated that the construction of the concrete apron around the Service Center is complete. He then informed the Council that, although it was not included in the original bid, the driveway into the Water Plant on 17th Street has been concreted. Mr. McDaniel stated that because of the favorable bid received on the concrete apron, the staff negotiated with E. R. Dupuis to concrete the driveway at the water plant. He added that this will provide for better ingress and egress to the water plant and that the cost was only $822 over budget, but it is his feeling that this was money well spent. He then stated the the staff is recommending payment of Estimate No. 1 and Final in the amount of $30,822.72 to E. R. Dupuis Concrete Company, Inc. A motion was made by Councilman Lee and seconded by Mayor Nagel to approve payment of Estimate No. 1 and Final in the amount of $30,822.72 to E. R. Dupuis Concrete Company, Inc. for the construction of the concrete apron at the Service Center and the concrete drive at the Water Plant. All Voted Aye. 17, ' The City Manager informed the Council that the Emergency Management Seminar is an annual seminar and is budgeted in this year's budget. He stated that he recommends sending the Emergency Management Coordinator, the Assistant Coordinator and any elected official who would like to attend this meeting. A motion was made by Councilman Bourque and seconded by Council Sawyer to authorize the Mayor, the Emergency Management Coordinator and the Assistant Coordinator to attend the Emergency Management Seminar in Nassau Bay, October 26 -28, 1987. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize payment of the bills for the month of September. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Bourque inquired as to the status of the feasibility study being performed by Triangle Engineers relative to solid waste disposal. The City Manager responded that the study should be complete by the end of October. 2. Councilman Bourque stated that weed killer needs to be sprayed along the sidewalks on Nederland Avenue from 14th Street toward Hwy. 69. 3. Councilman Nugent reported that weeds surrounding a guy -wire on the corner of 17th Street @ Helena Avenue need to be cut. 4. Councilman Bourque reported on the T.M.L. Conference he recently attended. He stated that it was a very informative conference and he enjoyed being able to attend this annual event. 18 MinuteSquontinuea, UCtober 13, 196/ Discussion Items (Cont.): 5. Howard McDaniel, City Manager, informed the Council that one of the sites being considered for location of a prison facility is immediately west of Hwy. 69, behind Parkway Village. He went on to explain that the County currently owns 69 acres at that location and may purchase additional acreage around this location should the Texas Department of Corrections decide to locate in this area. He went on to explain that one of the items of concern is the the availability and cost of solid waste disposal. Jefferson County Commissioner's Court asked the Mid County Municipal League to look into the the availability and the cost for disposal of solid waste from the prison facility should the T.D.C. decide to locate here. He went on to inform the Council that the cost for disposing of solid waste is roughly $2.00 per cubic yard. He stated that to be competitive with the Cities of Port Arthur and Beaumont, we would have to lower the cost to $1.00 per cubic yard. He stated that the cost to dispose of solid waste is higher at the Nederland landfill due to the fact that we do not have the ability to trench and backfill with the material that was taken out of the trenches. Nederland landfill must have fill dirt trucked in because of the landfill being located on marshlands. He went on to inform the Council that in order to be competitive with the "going" rate in this area, the Mid County Municipal League will have to absorb approximately $7,000 to $8,000, adding that he feels like this could be done without additional cost to the citizens. He then stated that he has contacted the Cities of Port Neches and Groves concerning this matter. The City of Port Neches stated that they are in favor of absorbing the $7,000 - $8,000 per year and the City of Groves indicated that they would have an answer by Wednesday morning (October 14) concerning this matter. After a full discussion concerning this matter, it was agreed that the City of Nederland will absorb this cost along with the Cities of Groves and Port Neches in order to get the rates for disposal of solid waste competitive with the other area landfills. 6. The City Manager discussed with the Council the possibility of providing City Hall employees with a covered parking area which would consist of twelve parking stalls. He went on to explain that money was allocated in this year's budget to repave the employee parking lot and would like to include the construction of the covered parking area in the bid if the Council has no objections. The Council directed the City Manager to get estimates on the covered parking area and then the matter would be discussed further. 7. The City Manager stated that he received a request regarding the parking along 27th Street between Nederland Avenue and Helena Avenue. The request was to reduce 27th Street to two -lanes of traffic and provide for parking along the street. After a full discussion, it was the consensus of the Council that, considering the flow of traffic along 27th Street and the fact that there are two schools located on the corner of 27th Street and Helena Avenue, it would be unsafe to reduce the flow of traffic to two lanes. 8. Councilman Sawyer questioned the reason for not providing a right turn lane at Helena Avenue and Twin City Hwy. The Public Works Director responded that although there is sufficient pavement on the west side of Twin City Hwy. to provide for two lanes of traffic, in addition to the left turn lane, Helena Avenue on the east side of Twin City Hwy. does not have sufficient pavement to allow two lanes of traffic, to cross Twin City Hwy. Since most citizens do not adhere to "Right Turn Only" signs, separating the lanes would not be safe. 9. The City Manager informed the Council that the new ladder truck was in and the Fire Chief would like for the Council to see it. Minutes Continued, October 13, 1987 There being no further business, the meeting adjourned at 3:55 p.m. homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 19 20 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. October 27, 1987 The meeting was called to order by Acting Mayor Michael R. Bourque at 6:30 p.m. Members present were Councilman Michael R. Bourque, Councilman R. D. Sawyer and Councilman Tom E. Lee, Jr. Mayor Homer E. Nagel and Councilman R. A. "Dick" Nugent were absent due to out -of -town meetings. A motion was made by Councilman Lee and seconded by Councilman Sawyer to approve the minutes of the meeting of October 13, 1987. All Voted Aye. Acting Mayor Bourque welcomed Weblows Pack 132 and asked members of the pack to stand and introduce themselves. D. E. Sosa, Acting City Manager, informed the Council that it was again time to nominate and vote on a member to serve on the Jefferson County Appraisal District Board of Directors. He stated that Councilman R. A. "Dick" Nugent has been contacted and is interested in serving on the Board of Directors, adding that Councilman Nugent has served on this Board for several years. Mr. Sosa then read a resolution casting the City of Nederland's 75 votes for Councilman Nugent. A motion was made by Councilman Lee and seconded by Councilman Sawyer to approve the Resolution casting the City of Nederland's 75 votes for Councilman R. A. "Dick" Nugent as a member of the Jefferson County Appraisal District Board of Directors. All Voted Aye. D. E. Sosa, Acting City Manager, informed the Council that the City Manager received a letter from the Texas Municipal League requesting the City of Nederland to participate with other cities in funding T.M.L.'s intervention in the Sportsmen's Club of Texas, Sierra Club and Environmental Defense Fund, Inc. vs. U.S. Environmental Protection Agency, Civil Action No. CA3- 86 -121R, U.S. District Court for the Northern District of Texas, Dallas Division. He went on to explain that the cost to the City of Nederland would be $595.18 ($.035 per capita) and that the staff is recommending the City's participation in this matter as it will benefit the cities in that the water quality standards approved by the E.P.A. will remain intact, However, if the standards were upgraded, it would be very costly to Texas cities. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize the City of Nederland to contribute $595.18 ($.035 per capita) to the T.M.L. for the purpose of funding the T.M.L.'s intervention in Sportsmen's Club of Texas, Sierra Club and Environmental Defense Fund Inc. vs. U.S. Environmental Protection Agency, Civil Action No. CA3- 86 -121R, U.S. District Council for the Northern District of Texas, Dallas Division. All Voted Aye. D. E. Sosa, Acting City Manager, briefed the Council on another letter received from the T.M.L. asking the City to pass a resolution supporting Amendment No. 17 on the November 3, 1987 General Election Ballot. He explain that this amendment would be highly advantageous to Texas cities as it would define, for all purposes, the governmental and proprietary functions of a municipality and would provide a large measure of predictability and stability with regard to municipal liability. Minutes Continued, uctober zi, ivb/ ,� 1 A motion was made by Councilman Lee and seconded by Councilman Bourque to approve a Resolution supporting Amendment No. 17 which would define the governmental and proprietary functions of a municipality and would provide for a measure of predictability and stability with regard to municipal liability. All Voted Aye. D. E. Sosa, Acting City Manager, informed the Council that the staff is requesting to receive bids November 10 for one slope mower and one pickup truck which are replacement items for the Public Works Department. A motion was made by Councilman Sawyer and seconded by Councilman Lee.ta.aµtho.riz.e. the advertisement for bids to be received November 10, 1987 at 3:00 p.m. for one slope mower and one pickup truck for the Public Works Department. All Voted Aye. D. E. Sosa, Acting City Manager, reminded the Council that the request for asphalting the employee parking lot behind City Hall has been discussed with the Council previously. He stated that the staff is now prepared to advertise for bids to be received November 10, 1987. A motion was made by Councilman Sawyer and seconded by Councilman Lee to authorize the advertisement for bids to be received November 10, 1987 at 3:00 p.m. for the asphalt overlay of the employee parking lot behind City Hall. All Voted Aye. D. E. Sosa, Acting City Manager, informed the Council that the asphalt overlay of the parking lot and the construction of a covered parking shed will be done in two phases. He went on to explain that although the staff is prepared to advertise for bids on both, the asphalt overlay phase and the covered parking 'shed phase, they would like to receive bids only on the overlay at this time. The staff is, therefore, asking permission to advertise for bids for the construction of the covered parking shed but will not actually be advertising until a later date. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to authorize the staff to advertise for bids for the construction of a covered park- ing shed behind City Hall with the date for receiving the bids to be set by the staff. All Voted Aye. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Bourque reported that the school- crossing sign on 27th Street between Avenue G and Avenue H needs to be replaced. There being no further business, the meeting adjourned at 6:50 p.m. o Q Michael R. Bourque, Acting yor City of Nederland, Texas ATTEST: �1 � 1� _�Q Chris Serres, City Secretary City of Nederland, Texas 22 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. November 10, 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 due to being out -of -town. A motion was made by Councilman Nugent and seconded by Councilman Bourque to approve the minutes of the October 27, 1987 meeting. All Voted Aye. Mayor Nagel presented Mrs. Betty Dixon with a Proclamation declaring November 18, 1987 as "Betty Dixon Day" in the City of Nederland. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the Proclamation declaring November 18, 1987 as "Betty Dixon Day" in the City of Nederland and urging citizens to join with the Nederland Business and Professional Women's Club in honoring Mrs. Betty J. Dixon for her outstanding community service. All Voted Aye. Stirling Copp, Public Works Director, opened and read bids received for asphalt overlay of the employee parking lot behind City Hall. Three low bidders were as follows: Russ Miller Construction - $9,720; APAC - $10,182; Di -Mar General Contractor, Inc. - $10,200. The bids were referred to the staff for tabulation with recommenda- tion to be made at the end of the meeting. The Council received comments from Mr. Glenn Reddin, Volunteer Fireman, and from Mr. Bill Shreve concerning the selection process that was used to fill a recent job vacancy in the Fire Department. Both gentlemen felt that they were unjustly denied the position based on qualification and experience. They also made allegations of improprieties on the part of the Fire Chief which were investigated by the City Manager and found to be without merit. D. E. Sosa, Administrative Assistant, opened and read bids received for one slope mower. Three low bidders were as follows: Oil City Tractors, Inc. - $12,384.00; Trinity Valley Tractors, Inc. - $12,893.00; Landsdowne -Moody Co., Inc. - $12,935.00. A motion was made by Councilman Nugent and seconded by Councilman Bourque to refer the bids received for one slope mower to the City Manager and staff for tabulation and recommendation. All Voted Aye. John Bernard, Water /Wastewater Superintendent, opened and read bids received for one sewer cleaner. Three low bidders were as follows: Naylor Supply Company - $42,550.00; Texas Underground, Inc. - $46,830.00; M.M.S., Inc. - $49,975.00. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to refer bids received for one sewer cleaner to the City Manager and staff for tabulation and recommendation. All Voted Aye. D. E. Sosa, Administrative Assistant, opened and read bids received for one pick- up truck. Three low bidders were as follows: Chevyland - $8,475.00; J. K. Chevro- let - $8,758.56; Kinsel Ford - $8,796.00. Minutes uontinuea, November iu, ivb/ 2 3 A motion was made by Councilman Bourque and seconded by Councilman Nugent to e� refer bids received for one pickup truck to the City Manager and staff for tabulation and recommendation. All Voted Aye. Howard McDaniel, City Manager, informed the Council that the staff is prepared to make a recommendation relative to bids received for the asphalting of the employee parking lot behind City Hall and is recommending the low bidder, Russ Miller Construction in the amount of $9,720 with ten working days. A motion was made by Councilman Nugent and seconded by Councilman Bourque to award the bid for asphalting the employee parking lot behind City Hall to Russ Miller Construction Company in the amount of $9,720 to be completed in ten working days. All Voted Aye. The City Manager informed the Council that the Police Department is prepared to advertise for bids for two replacement police cars and that these cars are budgeted items. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the advertisement for bids to be received December 8, 1987 at 3:00 p.m. for two replacement police cars. All Voted Aye. Mayor Nagel asked for questions and /or comments regarding payment of bills as submitted by the City Treasurer. There being no questions and /or comments, a motion was made by CouA i*an Sawyer and seconded by Councilman Bourque to authorize the payment of bilk' fbt�-the month of October. All Voted Aye. There being no legal or personnel matters, a motion was made by Mayor Nagel and seconded by Councilman Nugent to table the Executive Session. All Vot'^ed ,,„ Aye. Discussion Items: 1. Councilman Bourque commended the Street and Water Departments relative to work done on a major water leak. 2. Councilman Bourque reported that the house on the corner of Avenue A and South 12th Street was vacant and needed to be properly boarded. He also stated that high weeds surrounded the house. 3. Councilman Bourque reported that the guard -rail on Hardy Avenue along the drainage ditch was in disrepair. There being no further business, the meeting adjourned at 3:55 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 0, im A- Chris Serres; City Secretary City of Nederland, Texas 24 , - - -_- _ _ CI'T'Y OF NEDERLAND "PROGRAMMED PROGRESS" blid- Jejjusoll Cuenly, Texas (Office of 111v �Alauor Sri�F 9, HumelL IE. NageC r ly virlue ull�ptie ctull7turily vei lel( ilt lae ui 1111 a for u /l1te Cily o1 l�leder[alu�, �lexa J, do lle#.eltv /,i•oclulnt Nuvewbe4 18, 1987 V " 1;c -ttq Uixun Vay" ill Ile Cily u/ / /etlel•ttrlt , 5Jexail ttttc[ ttrye ectc/i attci euery J ✓ /� J d Cilizell ujour Cfily to juin with the NedeAtand Busine66 and Pno6ersiunat WOwen'6 C.Cub in 1L0ll02i.ng X110. Betty J. kxou Eva belt owth.tanding community 6 euice. / / Sect 9111 lei lint silty ru /t vI*e11/1j Willi vii Iny /I (t11 tL alt It ectL of Ile Cily uj Y'lederlantl 111 ii l/e ✓ 10t ;L [lay O� November, 1987 t A. 2. Chris Serres bly Secrelary Homer E. Nagel Illayorqq)) // Cily u/ JJlederlpp and, Jexai 1 1 25 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 24, 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 November 10, 1987 meeting. All Voted Aye. Mayor Nagel welcomed government students from Lamar University. Mr. Gene Shepherd of Greer, Moreland, Fosdick & Shepherd presented the Mayor, Council, City Manager, City Treasurer, Administrative Assistant and City Secre- tary with copies of framed, cancelled refunding bonds to express his gratitude for the long relationship his company has had with the City of Nederland as the City's fiscal agent. Mayor Nagel presented Mrs. Ruby Jones with a Proclamation declaring Nbvgmber 29 - December 5, 1987 as "Home Health Care Week" in the City of Nederlandfi" 4 'A motion was made by Councilman Nugent and seconded by Councilman Bourque to approve the Proclamation declaring November 29 - December 5, 1987 as "Home Health Care Week" in the City of Nederland. All Voted Aye. Mrs. Ruby Jones announced an open house to be held at the Ultimate Home Health Care facility, 3110 Nederland Avenue, on December 2. Howard McDaniel, City Manager, stated that bids received for the sewer cleaner have been tabulated and the staff is recommending that the bid be awarded to Naylor Supply Company in the amount of $42,550.00, adding that Naylor Supply Company is the low bidder. A motion was made by Councilman Sawyer and seconded by Councilman Lee to award the bid for one sewer cleaner to Naylor Supply Company in the amount of $42,550.00. All Voted Aye. Howard McDaniel, City Manager, informed the Council that bids received for one slope mower have been tabulated and the staff is recommending that the bid be award to the low bidder, Oil City Tractors, Inc., in the amount of $12,384.00. A motion was made by Councilman Sawyer and seconded by Councilman Lee to award the bid for one slope mower to Oil City Tractors, Inc. in the amount of $12,384.00. All Voted Aye. Howard McDaniel, City Manager, informed the Council that, for the purposes of bidding on the Public Works Department pickup truck, the City provided an alternate in which a bidder may or may not include a trade -in price. He stated that the highest amount of trade -in offered for the 1982 vehicle is $1,500 and it is the staff's opinion that the car could be sold at a higher price if sold in the City Auction. Therefore, in tabulating the bids, the staff disregarded the bids including a trade -in price and is recommending that the bid be awarded to Kinsel Ford, who is low bidder. 26 Minutes Continued, November 24, 1987 A motion was made by Councilman Bourque and seconded by Councilman Lee to award the bid for one pickup truck to Kinsel Ford in the amount of $9,296.00. All Voted Aye. D. Sosa, Administrative Assistant, opened and read bids received for a parking shed to be located behind City Hall. Bidders were as follows: Setcon - $7,596; Earl's Aluminum - $19,975; BruCo Aluminum - $8,963; and ABC Aluminum - $8,886. A motion was made by Councilman Nugent and seconded by Councilman Bourque to refer bids received for a parking shed to the City Manager for tabulation and recommendation. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to accept applications received for on- premise consumption of alcoholic beverages in accordance with Alcoholic Beverage Ordinance No. 70 as follows: 1. American Legion Post 493 6. Linder's Bar B Que 2. Irene's Lounge 7. Pizza Inn 3. LaSuprema 8. Taco Rey 4. Mazzio's Pizza 9. The Schooner 5. Captain Catfish 10. Bayou House All Voted Aye. Mr. Richard Foust presented an overview of the preliminary and final plat of the Exclusive Estate Subdivision. He stated that the developer changed the original preliminary plat so that all lots faced 16th Street. A motion was made by Mayor Nagel and seconded by Councilman Bourque to accept the Planning and Zoning Commission's recommendation to approve the replat of the Exclusive Estates Subdivision. All Voted Aye. Howard McDaniel, City Manager, stated that there would probably be fairly large and expensive homes built in this subdivision and it should be noted that these houses will be serviced by 16th Street, which is less than a Class "A" street. He went on to explain that 16th Street has a flexible base with opened ditches and is in need of repair. He stated that 16th Street is one of the streets to be repaired as part of the City's on -going street rehabilitation program, but there are no plans to upgrade 16th Street to Class "A ". He wanted it to be noted that the City is making no commitment to upgrade 16th Street by approving the plat of the Exclusive Estates. A motion was made by Councilman Sawyer and seconded by Councilman Lee to appoint Councilman R. A. "Dick" Nugent to represent the City of Nederland on the 911 Emergency Telephone System Study Committee. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Nugent commended James Kerr on the operation of the City land- fill. Minutes Continued, November L4, 1`16/ There being no further business, the meeting adjourned at 7:15 p.m. 1 ATTEST: JVA'Cla Chris City Secretary Y City of Nederland, Texas 1 1 Homer E. Nagel, Mayo City of Nederland, Texas 2. 28 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. December 8, 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 and Councilman Michael R. Bourque. Councilmen Tom E. Lee, Jr. and R. A. "Dick" Nugent were absent. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the November 24, 1987 meeting. All Voted Aye. Howard McDaniel, City Manager, informed the Council that the staff is seeking permission to advertise for bids for painting the Canal Street elevated water storage tower and that this is a budgeted item. A motion was made by Councilman Sawyer and seconded by Council Bourque to authorize advertisement for bids to be received March 22, 1988 for painting the Canal Street elevated water storage tower. All Voted Aye. Chief Billy Neal opened and read bids received for two (2) 1988 police cars. Bidders were as follows: J. K. Chevrolet - $24,743.62; Buddy Chevrolet - $25,942.00; Philpott Ford - $25,200; Energy Country Ford - $25,299.88; and Eastex Dodge - $24,236.32. A motion was made by Council Sawyer and seconded by Mayor Nagel to refer bids , received for two (2) 1988 police cars to the City Manager and staff for tabulation and recommendation. All Voted Aye. Howard McDaniel, City Manager, informed the Council that, due to changes in the law, the City must now make application to use regular license plates on exempt vehicles and this application must be accompanied by a Resolution containing certain information. It is this reason the Council is being asked to pass a resolution authorizing the Chief of Police to sign the required forms for the Nederland Police Department to obtain authorized use of unmarked police vehicles displaying regular style license plates. A motion was made by Mayor Nagel and seconded by Councilman Bourque to approve the resolution authorizing Chief Billy Neal to sign the required forms for the Nederland Police Department to obtain authorized use of unmarked police vehicles to be operated by the Police Department and displaying regular style license plates as set forth in Article 6701.M -2 Vernon's Civil Statutes. All Voted Aye. Mayor Nagel called for questions and /or comments concerning the monthly bills as presented by the Treasurer. A motion was made by Mayor Nagel and seconded by Counilman Bourque to authorize payment of the bills for the month of November. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. riinutes uontinuea, uecemoer j, i7oi Discussion Items: 1. Councilman Bourque reported that he received a request for a street light to be placed at the corner of 24th Street and Detroit Avenue. He asked the City Manager to look into this matter. There being no further business, the meeting adjourned at 3:12 p.m. ATTEST: OJAA9�1 Chris Serres, City Secretary City of Nederland, Texas L �1 I Omer E. Nagel, Mayor L/ City of Nederland, Texas 29 3� O CITY OF NEDERLAND A RESOLUTION WHEREAS, Article 6701.M -2 of Vernon's Civil Statutes requires that agencies using regular license plates on exempt vehicles make application to do so; and WHEREAS, this application must be accompanied by a City resolution containing certain information; NOW, THEREFORE, BE IT RESOLVED by the Nederland City Council that Billy Neal is authorized to sign the required forms for the Nederland Police Department to obtain authorized use of unmarked police vehicles to be operated by the Police Department and displaying regular style license plates as set forth in Article 6701.M -2 Vernon's Civil Statutes. PASSED AND APPROVED by the City Council at its regular meeting this 8th day of December, A.D., 1987. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary " `J City of Nederland, Texas 1 C I P� REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 22, 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 December 8, 1987 meeting. All Voted Aye. Howard McDaniel, City Manager, informed the Council that only two of the eleven applications for on- premise consumption of alcoholic beverages were new applications, Captain Catfish and Novrozsky's. He stated that while Captain Catfish is open for business, Novrozsky's does not plan to open until sometime in March. He further explained that the applicants for Novrozsky's did understand that a $500 performance bond is required and that the staff is recommending approval of this application contingent upon Novrozsky's being approved at the State level. He then stated that all applicants have been investigated by the police department and all are being recommended for approval. A motion was made by Councilman Lee and seconded by Mayor Nagel to approve the following applications for on- premise consumption of alcoholic beverages in accordance with Ordinance No. 70 with the exception of Novrozsky's being ' contingent upon the applicants posting a $500 performance bond by December 31, 1987 and being approved at the State level: 1. American Legion Post 493 7. Linder's Bar B Que 2. Irene's Lounge 8. Pizza Inn 3. LaSuprema 9. Taco Rey 4. Mazzio's Pizza 10. The Schooner 5. Captain Catfish 11. Novrozsky's 6. Bayou House All Voted Aye. Howard McDaniel, City Manager, informed the Council that the staff has tabulated bids received for two 1988 police cars and recommends awarding the bid to Eastex Dodge, low bidder, in the amount of $24,236.32. A motion was made by Councilman Lee and seconded by Councilman Bourque to authorize awarding the bid for two 1988 police cars to Eastex Dodge, low bidder, in the amount of $24,236.32. All Voted Aye. Howard McDaniel, City Manager, informed the Council that, although Russ Miller Construction Company has some minor repairs to make to the parking lot behind City Hall, the staff is recommending payment of Estimate No. 1 and Final. He stated that it is the recommendation of the staff to withhold $2,000 of the $11,982.49 due the company until the repairs are made. A motion was made by Councilman Bourque and seconded by Councilman Lee to approve' payment of Estimate No. 1 and Final with the exception of withholding $2,000 until repairs to the parking lot are made to the satisfaction of the staff. All Voted Aye. Minutes Continued, December 22, IV8/ 3 The City Manager informed the Council that he would like permission to allow Bobby Kelly to attend the Texas A &M Swimming Pool Management Seminar to be held January 13 -15, 1988 in College Station. He stated that this was not a budgeted item, but he feels it would be beneficial for Mr. Kelly to attend this seminar. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize Bobby Kelly to attend the Texas A &M Swimming Pool Management Seminar to be held Janaury 13 -15, 1988 in College Station. All Voted Aye. The City Manager informed the Council that the P.U.C. staff has recommended an award to Gulf States Utilities Co. that appears to be disproportionate relative to the Louisiana award, although G.S.U. has indicated that they are going to appeal the $63,000,000 awarded by Louisiana's Public Service Commission for the year 1988. He stated that in Texas, the Public Utility Commission has recommended $305,000,000 over a four year period: 1988 - $87,000,000; 1989 - $71,000,000; 1990 - $67,000,000; and 1991 - $64,000,000. He further explained that these amounts do not take in account the fuel costs and stated that if fuel costs should increase, the increase will also be passed on to the customer. He stated that by the year 1991, Texas residential rates will be 100% higher than they were in March of this year and will be 28% higher than the Louisiana rates. He stated that he felt the City should be represented at the P.U.C. hearings to make the P.U.C. aware that there is still an interest on the part of the Southeast Texas elected officials to keep the rates down. Mr. McDaniel then told the Council, that with the permission of the Council, he would like to set up a meeting with the Southeast Texas delegation prior to going to Austin. He explained that this meeting would be held to explore any avenues that might be available in dealing with this situation. Mayor Nagel stated that he is recommending approval for the City Council, City Attorney and City Manager to attend this hearing. However, he would like to I make sure that the City's concerns will be given consideration before attending this hearing. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the City Council, City Attorney and City Manager to attend the P.U.C. hearings to be held in Austin on January 6, 1988. All Voted Aye. Howard McDaniel, City Manager, stated that the resolution declaring City incurred expenses relative to the Gulf States Utilities rate case reasonable and reimbursible by the Company is a housekeeping item. He reminded the Council that, in the past, G.S.U. Co. reimbursed expenses to the City as they incurred. However, due to the financial situation of the Company, they are unable to reimburse expenses until completion of the case. He explained that the resolution is the first step in trying to recoup $53,089.49 which represents costs incurred thus far. The City Manager then read the resolution. After the resolution was read, it was discovered that the year "1986" should be struck from the resolu- tion as the expenses were incurred in 1986 and 1987. By striking "1986" from the resolution, it would then read to approve all expenses incurred in Gulf States Utilities' rate case, Public Utility Commission Docket No. 7195. A motion was made by Mayor Nagel and seconded by Councilman Bourque to approve the resolution as read with the exception of striking "1986" from the resolution and to forward a copy of the resolution to Gulf States Utilities Company and proper authorities. All Voted Aye. The City Manager informed the Council that the City owes Butler and Casstevens $2,209 for services rendered in connection with the Gulf States Utilities' rate case. The staff is seeking authorization to make payment. Minutes Continued, December 22, 1981 A motion was made by Councilman Bourque and seconded by Mayor Nagel to authorize payment in the amount of $2,209 to Don Butler, et. al., for services rendered in connection with,the Gulf States Utilities' rate case. All Voted Aye. Mayor Nagel called for a recess at 6:55 p.m. to convene an Executive Session relative to a personnel matter. The regular meeting reconvened at 8:10 p.m. Mayor Nagel explained that the Executive Session was relative to a personnel matter, but no action was necessary. Discussion Items: 1. The Knights of Columbus will be hosting an appreciation Gumbo for City employees on January 11 at 6:30 p.m. There being no further business, the meeting adjourned at 8:15 p.m. x� Z .Z D, Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 1 Chris Serres, City Secretary City of Nederland, Texas 1 `� 3 QRESOLUTION N0.1987 -12 OA RESOLUTION APPROVING BILLS OF DON R. BUTLER, ATTORNEY, AND D.U.C.I., RATE CONSULTANTS, AND W. EVERETT SANDERSON, CITY ATTORNEY, AND EXPENSES OF CITY COUNCIL AND OFFICIALS IN k4ft GULF STATES UTILITIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 7195. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of Don R. Butler, Attorney, and the bills of D.U.C.I., Rate Consultants, and the bills of W. Everett Sanderson, Attorney for the City of Nederland, and the bills incurred by the City Council and City Manager is marked Exhibit "A" and attached hereto and is hereby approved and found to be reasonable and for necessary services to the City of Nederland with respect to the 1986 Gulf States Utilities' rate application including Public Utility Commission Docket No. 7195. SECTION 2: That claim for reimbursement shall be presented to Gulf States Utilities Company in the amount thereof, under authority of the Public Utility Regulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland, held on the 22nd day of December, 1987. ATTEST i T- 2L�f-VLC11-71 Chris Serres,'City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 1 - J 4" 7-t7- W. verett Sanderson, City Attorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 C i Total of Docket No. 7195 EXHIBIT "A" W. E. Sanderson City Council (Expenses) City Manager (Expenses) Diversified Consultant Butler & Casstevens $ 20,953.00 757.00 1,288.55 17,426.48 12.664.46 $ 53,089.49 35 C3 ro REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. January 12, 1988 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 Tom E. Lee, Jr. and Councilman Michael R. Bourque. Councilman R. A. "Dick" Nugent was absent. A motion was made by Councilman Lee and seconded by Councilman Sawyer to approve the minutes of the December 22, 1987 meeting. All Voted Aye. Mayor Nagel presented service pins to employees as follows: Mr. Jerry Windham, Mr. Kenneth Spell, Mr. Charles Schmidt and Mr. James Meziere - 20 years service; Mr. Kenneth Segrest - 25 years service; and Mr. James Mosley and Mr. Billy Neal 30 years service. Mayor Nagel then commended the employees for their dedication to the City of Nederland and to the citizens of Nederland. Howard McDaniel, City Manager, briefed the Council concerning previous action taken to approve the final plat of Forest Central One, Phase I, and stated that the Planning and Zoning Commission is now recommending the approval of the final plat of Forest Central One, Phase II, which is an extension of Phase I. He added that this subdivision consists of 34 lots. (Outside city limits, but within , the City of Nederland's extraterritorial jurisdiction). A motion was made by Mayor Nagel and seconded by Councilman Bourque to accept the Planning and Zoning Commission's recommendation to approve the preliminary and final plat of Forest Central One, Phase II. (Outside city limits, but within the City of Nederland's extraterritorial jurisdiction). All Voted Aye. Mayor Nagel briefed the Council concerning the appointment of M.L.C. Lucke as Nederland's representative for the South East Texas Regional Council on Aging. He stated that Mr. Robert "Boots" Bodemuller, Nederland's current representative, is stepping down-from the position due to his involvement in various other activities. Mayor Nagel then thanked Mr. Bodemuller for his many years of service on the Council and commended him on a job well done. Mr. Bodemuller thanked the Council for their support of the program and stated that Nederland's program is one of the best in the area. A motion was made by Councilman Lee and seconded by Councilman Sawyer to appoint Mr. M.L.C. Lucke as Nederland's representative for the South East Texas Regional Council on Aging. All Voted Aye. The City Manager informed the Council that the Steering Committee called a meeting on Monday, January 11, for the purpose of receiving an update on the status of the G.S.U. rate case presented by Don Butler and Jack Pose. (The Steering Committee is made up of city attorneys appointed by respective city councils to serve as liason between local governing bodies and Don Butler, Attorney, and Jack Pose, Consultant with Diversified Utility Consultants). The City Manager then briefed the Council concerning the update, stating that the final request made by the Company was for $380,900,000 to be phased -in over a four year period. The Minutes continued, January iz, vide recommendation of the cities' consultant. Diversified Utilitv Consultants, is 3 6 to grant an increase of $108,400,000. The Public Utility Commission's staff is recommending an increase of $386,500,000, which is more than the Company has requested. The Examiner, who actually hears the evidence and considers the cases of the Company, the intervenors and the staff of the P.U.C., is recommending a $376,000,000 increase. Being that there is such a great variance in the request made by the Company and the recommendations made as to how much should be granted to the Company, two of the P.U.C.'s Commissioners directed the Company and the intervenors to begin negotiations to try to bring these figures closer together. He then added that another purpose of the meeting held yesterday (December 11) was to find out whethei or'not the cities should enter into negotiations to try to find some middle ground. The Steering Committee indicated to Mr. Butler and Mr. Pose that it does not have the authority to authorize such a negotiation process, but due to the time constraints placed on the intervenors and the Company by the P.U.C., the Steering Committee voted to ask Mr. Butler and Mr. Pose to begin negotiations with the Company immediately, knowing that they (Mr. Butler and Mr. Pose) will have to_�re�or.t ^back to--the ,respective governing bodies for approval if a compromise- -,is agreed2on, Mr:'Butler and Mr. Pose were not given and perimeters in which to work, but they are to try to reach a settlement. The City Manager then stated that the Council will be kept informed as to the progress of the negotiations and added that the Councilmembers have been invited by Don Butler and Jack Pose to attend the negotiations. Mayor Nagel added that the Company and the intervenors had to report to the P.U.C. by December 13 to inform them of what progress, if any ,'is -being made. The negotiations will then continue Thursday, Friday and through the weekend in necessary. There will be another meeting on Monday, January 18, to inform the P.U.C. whether or not a decision has been reached. 'A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize payment in the amount of $8,544.99 to Diversified Utility Consultants in connection with the Gulf States Utilities rate case. All Voted Aye. The City Manager stated that the Public Works Director has budgeted to replace one hundred 98 gallon garbage containers and fifty 350 gallon garbage containers and would like authorization to advertise for bids to be received January 26. He added that the containers are for replacement purposes. A motion was made by Councilman Bourque and seconded by Mayor Nagel to authorize the advertisement for bids to be received January 26, 1988 for one hundred 98 gallon garbage containers and fifty 350 gallon garbage containers. All Voted Aye. The City Manager stated that he is requesting to have a resolution passed delegating the authority over Council appointees to, the city manager as a housekeeping item. He added that it has been the intent of the Council for the city manager to oversee administration, management, staffing and fiscal matters within the appointees' departments, but there is nothing on record actually delegating the authority to the City Manager. A motion was made by Councilman Lee and seconded by Councilman Sawyer to approve a resolution delegating to the city manager the authority over Council appointees for administration, management, staffing and fiscal matters within their departments. All Voted Aye. Mayor Nagel added that it has been the policy of the City Council for the city manager to oversee the efficient day -to -day operations of the City for many years and passing a resolution will provide a permanent record of the policy. Howard McDaniel, City Manager, stated the the Jefferson County Mosquito Control District is requesting to fly at low levels over the City of Nederland for the purpose of mosquito control, and added that this is a yearly routine item. 0 Minutes uontlnuea, January 1L, lvbb A motion was made by Mayor Nagel and seconded by Councilman Bourque to authorize the signing of a waiver that will allow the Jefferson County Mosquito Control District to fly at low levels over the City of Nederland for the purpose of mosquito control. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Lee to approve payment of the bills for the month of December. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. The City Manager sighted problems that have arisen with the way the Dog Ordinance is currently written, stating that most of the problems are relative to pet owners bringing in their dogs and asking the City to put the dog to sleep. He stated that the biggest concern is that this puts the City, indirectly, in competition with local veterinarians who make their livelihood doing this type of work. Another problem is that persons have posed as the owner of a pet and requested to have the pet put to sleep only to find out at a later date that the person who brought the animal in was not the owner. Mayor Nagel stated that he felt the City should not be in the business of putting dogs to sleep and directed the City Manager to have the City Attorney review the Dog Ordinance. 2. The City Manager informed the Council that they have been invited to an open house at Port Arthur Plasma, Inc. to tour the facility and to learn what services they offer. Tours will be set up by appointment. , 3. Tom Hicklin, Safety Officer, presented the Council with a year -end report for 1987 relative to the accomplishments of the 1987 Safety Program. He reported that there has been an overall decrease in the total number of injury accidents, the total number of man days lost due to injuries has decreased for 1987, and there was an increase in the amount of training the employees received for 1987. Mayor Nagel commended Mr. Hicklin for his participation in the Safety Program and commended the city employees for their contribution to the Safety Program. 4. The City Manager reminded the Council of the Safety Banquet to be held at the Boondocks, Thursday, January 14. There being no further business, the meeting adjourned at 3:45 P.M. Homer E. Nagel, Mayory City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of rederl:r<, Texas: x 1J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. January 26, 1988 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 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 January 12, 1988 meeting. All Voted Aye. Howard McDaniel, City Manager, read bids received for garbage containers and then asked the Council to refer the bids to the staff for tabulation and recommendation to be made at a later date. A motion was made by Councilman Nugent and seconded by Councilman Bourque to refer bids received for one hundred 98 gallon and fifty 350 gallon garbage containers to the City Manager and staff for tabulation and recommendation. All Voted Aye. The City Manager informed the Council that the Heritage Festival was again this year asking for a police escort for their promotional tour scheduled for February 6, 1988. He stated that the Heritage Festival pays the police officer's salary and that the City provides the patrol car and gasoline. The City Manager then added that this is a routine item. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize the use of a police car to escort the Heritage Festival promotional tour February 6, 1988. All Voted Aye. Discussion Items: 1. The City Manager informed the Council that a hearing is scheduled before the Public Utility Commission in Austin on February 1 -2, 1988 relative to the Gulf States Utilities rate case. He stated that the City Attorney suggested that it would be in the best interest of the consumer for elected officials to attend this hearing, if possible, and that he would make the necessary arrangements for any of the Councilmembers who wanted to attend. Mayor Nagel then called a recess in the regular meeting at 6:30 p.m. for the purpose of conducting an Executive Session relative to a personnel item. A personnel item relative to the Fire Department was discussed but no action was required. The Executive Session adjourned at 8:00 p.m. There being no further business, the meeting adjourned at 8:00 p.m. ATTEST: 'Homer E. Nagel, May City of Nederland, Texas , ,A) A J'a- Chris Serres, City Secretary City of Nederland, Texas 40 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 9, 1988 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 January 26, 1988 meeting. All Voted Aye. Mayor Nagel presented Mr. Garcia, U.S. Customs, with a Proclamation declaring March 28 - April 1, 1988 as "Drug Awareness Week ". Mr. Garcia thanked the City Council for their support and concern for the esclating problem of drug abuse in this area. He then informed the Council that several organizations will have booths set up at Central Mall during the week of March 28 - April 1 to help educate the public concerning the problem of drug abuse. A motion was made by Councilman Bourque and seconded by Councilman Nugent to approve the Proclamation declaring March 28 - April 1, 1988 as "Drug Awareness Week." All Voted Aye. Howard McDaniel, City Manager, informed the Council that the staff is recommend- ' ing the bid be awarded to EMCO for 100 98- gallon garbage containers and to Heil Company for 50 350 - gallon garbage containers, adding that these bids were low bid. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to award the bid for 100 98- gallon garbage containers to EMCO and to award the bid for 50 350 - gallon garbage containers to Heil Company. All Voted Aye. The City Manager briefed the Council concerning the agreement to provide utilities for Nederland South Little League. He stated that this item is a yearly routine item and that he is recommending approval. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the Mayor to sign an agreement to provide utilities for Nederland South Little League not to exceed $2,000 per year. All Voted Aye. The City Manager informed the Council that there has come a need to delegate control to the Fire Marshal over the volunteer fire fighters relative to the administration, management, staffing and fiscal matters within the fire department. He stated that, in the past, the Fire Marshal has had no control over the volunteer fire department and that since the Volunteer Firefighter Association functions as an adjunct to the full -time, paid City of Nederland Fire Department the Fire Marshal should have more authority over the volunteer fire fighters. The Council heard comments from Volunteers Wayne Nau and Robert Hayes. Mr. Nau and Mr. Hayes expressed there concerns over not having control of the Volunteer Firefighters Association. They were displeased over two of the rules that were to be set by the Fire Marshal relative to the appointment of a liason officer and to the Fire Marshal having authority to dismiss volunteer firefighters. Minutes continued, rebruary y, Lybo The City Manager informed Mr. Nau and Mr. Hayes that he and the Fire Chief would meet to discuss the items concerning the appointment of a liason officer and the authority of the Fire Marshal to dismiss volunteer firefighters and would report back to the Volunteer Firefighters Association at a later date. A motion was made by Mayor Nagel and seconded by Councilman Bourque to approve the resolution delegating to the Fire Marshal the authority over the volunteer fire fighters for the administration, management, staffing and fiscal matters within the fire department. All Voted Aye. The City Manager read the Election Order calling for an election to be held May 7, 1988 for the purpose of electing a mayor and two councilmen; one for Ward II and one for Ward IV. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the Election Order calling for an election to be held May 7, 1988 for the purpose of electing a mayor and two councilmen; one for Ward II and one for Ward IV. All Voted Aye. The City Manager informed the Council that Resolution 1988 -3 is a follow -up to the resolution passed at the last meeting relative to expenses incurred in connection with Gulf States Utilities' rate case up to December 22, 1987. He further explained that this resolution is relative to City- incurred expenses of the City Council, City Manager, City Attorney, Don Butler and D.U.C.I., rate consultants, through February 9, 1988. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve Resolution 1988 -3 declaring City- incurred expenses of the City Council, 'City Manager, City Attorney, Don Butler and D.U.C.I., rate consultants, relating to the Gulf States Utilities' rate case after December 22, 1987 as reasonable and reimbursable by the Company. All Voted Aye. The City Manager informed the Council that payment in the amount of $1,516.02 to Butler & Casstevens for fees in connection with the Gulf States Utilities' rate case is recommended. He added that this amount is included in Resolution 1988 -3 to be reimbursed by Gulf States Utilities Company. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize payment in the amount of $1,516.02 to Butler & Casstevens for fees in connection with Gulf States Utilities' rate case. All Voted Aye. Mayor Nagel asked for questions and /or comments concerning payment of the monthly bills. There being no questions and /or comments concerning the monthly bills, a motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment of the bills for the month of January, 1988. All Voted Aye. Mayor Nagel called for a recess in the regular meeting at 4:10 p.m. for the purpose of conducting an Executive Session. The regular meeting was called back to order by Mayor Homer E. Nagel at 4:25 p.m. Mayor Nagel stated that the City Attorney had brought the Council up -to -date on a pending lawsuit but that no action was necessary. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session relating to legal and personnel matters. 41 Minutes uontinuea, rebruary y, iyuu 42 Discussion Items: 1. The City Manager reminded the Council of the Emergency Management Conference to be held in Austin February 16 -18, 1988. There being no further business, the meeting adjourned at 4:27 p.m. Homer E. Nagel, Mayor ✓ City of Nederland, Texas ATTEST: Chris Serre , City Secretary City of Nederland, Texas i 1 A PROCLAMATLON 43 WHEREAS, the United States of America is today confronted with an escalating problem of drug abuse, and; 0 0 WHEREAS, Drug Abuse in our couuuunity, if unchecked, threatens to O destroy the fabric of our society and undermine the lives of our citizens, v and; WHEREAS, it has been established conclusively that the officials of our government and the leaders of our community have taken it upon them- selves to combat ttie menace of drug abuse with all of the resources avail- able. NOW, THEREFORE, BE IT RESOLVED by tha City Council of ttie City of Nederland, Texas, being duly assembled in regular session to wit: That March 28 — April 1, 19SS is hereby proclaimed "Drug Awareness Week "; and hereby encourages all of its citizens to participate in this recognition ' of Drug Awareness Week as an opportunity to demonstrate their personal commitment to making our community a better place to live. Given under our hand and seal, this the day of a in the year 1988. COP),, Homer E. Nagel, Mayor OCity of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 EA j CITY OF NEDERLAND A RESOLUTION WHEREAS, the Nederland Volunteer Firefighter Association functions as an adjunct to the full -time, paid City of Nederland Fire Department; and WHEREAS, this organization is an association of individuals selected by its own members; and, WHEREAS, the Fire Marshal does not have the power to appoint or dismiss volunteer firefighters; and, WHEREAS, Article IV, Section 4.10 of the Home Rule Charter of the City of Nederland states that the Fire Marshal shall perform other duties as deemed proper by the City Council; and, WHEREAS, the Mayor and City Council desire to delegate to the Fire Marshal the authority over volunteer fire fighters for the administration, management, staffing and fiscal matters within the fire department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS that the Fire Marshal shall have direct authority over all vc'.-iteer firefighters for the efficient day -to -day operation of the fire department. PASSED AND APPROVED BY THE City Council at its regular meeting this the 9 day of February, A.D., 1988. © C11 Homer E. Nagel, Mavor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVE,AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas CITY OF NEDERLAND RESOLUTION NO. 1988 -3 A RESOLUTION APPROVING BILLS OF DON R. BUTLER, ATTORNEY, AND D.U.C.I., RATE CONSULTANTS, AND W. EVERETT SANDERSON, CITY ATTORNEY, AND EXPENSES OF CITY COUNCIL AND OFFICIALS IN GULF STATES UTILITIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 7195 FROM 12/22/87 THROUGH 2/9/88. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of Don R. Butler, Attorney, and the bills of D.U.C.I., Rate Consultants, and the bills of W. Everett Sanderson, Attorney for the City of Nederland, and the bills incurred by the City Council and City Manager is marked Exhibit "A" and attached hereto and is hereby approved and found to be reasonable and for necessary services to the City of Nederland with respect to the 1986 Gulf States Utilities' rate application including Public Utility Commission Docket No. 7195. SECTION 2: That claim for reimbursement shall be presented to Gulf States lities Company in the amount thereof, under authority of the Public Utility .-ulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland, held on the 9th day of February, 1988. Homer E. Nagel, Mayor V n City of Nederland, Texas ATTEST: � r ris Serres, City Secretary -y of Nederland, Texas ?ROVED AS TO FORM AND LEGALITY: i W. E. Sanderson, City Attorney City of Nederland, Texas 45 46 a REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. February 23, 1988 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 February 9, 1988 meeting. All Voted Aye. Mayor Nagel read a Proclamation declaring February 22 -27, 1988 as "National Engineers' Week." A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the Proclamation declaring February 22 -27, 1988 as "National Engineers' Week" and to urge the citizens of our City to recognize the contributions the engineer- ing profession has made to society and to support the engineering community's efforts to turn ideas into reality. All Voted Aye. Howard McDaniel, City Manager, reported to the Council that the City approached the State Department of Highways and Public Transportation to see if they would be interested in providing for the reconstruction of 21st Street from Nederland Avenue to Avenue H. The State Department of Highways approved Minute Order No. 86824 providing for the reconstruction of 21st Street with the estimated cost ' to the State being $570,000. The City would be required to provide the cost _ of curb and gutter, storm sewers, driveways, sidewalks, utility adjustments and right of way. The estimated cost to the City is $280,000 not including utility adjustments and right of way. The City Manager stated that the City's total estimated cost would be $400,000, with construction not to begin until the next fiscal year. He then stated that the staff does recommend approving this minute order. A motion was made by Councilman Lee and seconded by Councilman Nugent to approve the State Department of Highways and Public Transportation Minute Order No. 86824 providing for the reconstruction of 21st Street from Nederland Avenue to Avenue H. All Voted Aye. The City Manager stated that a Resolution urging labor and management in the oil and petrochemical industry to continue negotiating their differences to a successful end was placed on the agenda because of the recent labor- management disputes at two of the local refineries. He stated that this Resolution was in no way taking sides, but was stressing how important it is to the economy in our area for the two to settle their disputes. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve the Resolution urging labor and management in the oil and petrochemical industry to continue negotiating to a mutally successful end. All Voted Aye. Mayor Nagel called for a recess in the regular meeting at 6:40 p.m. in order to conduct an Executive Session. Minutes Continued, February 23, 1988 Mayor Nagel called the regular meeting back to order at 7:03 p.m. and reported that the City Attorney brought the Council up to date on a legal matter but no action was required. A motion was made by Mayor Nagel and seconded by Councilman Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. The City Manager informed the Council that the City was successful in getting the parameters of the permit changed for the wastewater treat- ment plant so that they correspond with the physical capability of the plant. He also informed the Council that it has been approximately ten years since an inflow and infiltration study has been made in the City and added that he felt it was time to begin another study of the sewer lines throughout the City. He stated that the preliminary work would cost approximately $50,000 and that there is 4% loan money available from the Texas Water Development Board to do this project. The Council authorized the City Manager to pursue proposals on Step I of this project. There being no further business, the meeting adjourned at 7:10 p.m. Romer E. Nagel, Mayor City of Nederland, Texas ' ATTEST: Chris erres, City Secretary City of Nederland, Texas 1 m l CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid- Jelimon Cowuy, Texas Officr of tIjc ffla or r < A r V a 9 0 AHume7. E. Nagel , ly virtue 01 t1l e a14111rrity veiled in me aJ 71"layor o /l /,e City 11. 11.1y /�roelaiue Febwcuy 222 -27, 1988 Ae /7 QQ) "Natti,onaZ 6tgg�ilLeua' Week" / ill llee City of q�l. erLan[[, ✓exaJ, anc�urge each and every Cilizrn oI our City to 4ecognize the comVtibution4 the engi,nening pno6e44ion has made to 4oc.ietu, and auppoAt the engineen.ing emmnunity'4 e66o4t4 to turtn ldeaa into rteafi,ty. p Al leelin any w/f erev /, wifneei my �eanc� anc� �ea[ of llte City o/ //eJeraccnd Ibi lll e 19th cIuY o� Feb, uaty, 1988 , — ��lllp . 2. .�tffesf: City Secretary ' /11a�or c'7 City of /l ////��j) ederlpp artct, texas [1 1 1 JFFFERS(71 STATE DEPARTMENT OF HIQIWAYS AND PUBLIC TRANSPORTATION County MIN[IPE ORDER )i I ict No. BEAUMONT (20 WHEREAS, in JFFFFRSO1 COUNTY in the City of Nederland on 21st STRFFT, from Nederland Avenue to Avenue H, a distance of approximately 0.5 mile, a reconstruction project is required; and WHFRFAS, this project qualifies for the 1989 -92 Urban system Program (Non -Major Urbanized Areas) approved this date by State Highway and Public Transportation Commission action; N(V, THF.RFFORF, IT IS ORDFRFD that the Fngineer- Director is directed to tender the following proposal to the City of Nederland: Provided the City of Nederland will: 1. Provide for the cost of construction of continuous curb and gutter, storm sewers, driveways and sidewalks, etc. in accordance with applicable governinq policies and regulations of the State Department of Highways and Public Transportation. 2. Provide one hundred percent of the cost of utility adjustments as may be required in accordance with pol icies of the State Department of Highways and Public Transportation. 1 1 Page 1 of 2 Pages 3. Unon completion of the construction of this project, =maintain that portion of the work which is its responsibility in accordance with federal and state requirements, and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation. .WJ STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ,FFRSON County MINi7PE ORDER ).strict No. BEAUMONT (20) Page 2 of 2 Paaes The State Denartment of Highways and Public Transportation VA 11: 1. Provide for reconstruction. Unon acceptance of the provisions of this Minute Order by the City of Nederland, IT IS ORDERED that the Fngineer- Director is authorized to proceed in the most feasible and economical manner with project develonnent to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and reconstruction at an estimates] cost to the Denartment of $570,000 to b: funded from the 1988 -92 Urban System Proa_ram ( *?on -Major Urbanized Areas) . This Order shall become operative upon acceptance by the City of Nederland; and if not accented within 120 days of the date hereof, the action herein contained shall be automatically canceled. C�OO� ;u:anitted by Examined and reem vended by: (Title) Administrative Assistant Anproved Deputy Director Fngineer- Director Minute �Iumher Date Passed 85924 JAN 27 88 1 1 CITY OF NEDERLAND f D A RESOLUTION O WHEREAS, the oil and petrochemical industry is a major portion of the Southeast Texas economy; and WHEREAS, this industry has suffered the effects of an unstable oil market as well as a substantial drop in the price of crude and a shrinking oil exploration effort; and WHEREAS, limiting and controlling any negative labor- management impact to the oil and petrochemical industry is of the utmost importance to the cities, businesses, and citizens of Southeast Texas; and WHEREAS, the reputation and perception of labor- management relations in Southeast Texas has improved in recent years; and WHEREAS, the potential of making the oil and petrochemical industry strong again rests with the labor and management of this industry. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland, Texas that labor and management now in the process of negotiating their differences continue negotiating to a mutually successful end, and that labor and management who have discontinued negotiations reconsider and quickly return to the bargaining table in search of a solution to their differences. PASSED AND APPROVED by the City Council at its regular meeting this ' the 23rd day of February, A.D., 1988. Homer E. Nagel, Mayor Ly City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVE AS ORM AND LEGALITY: nderson, City Attorney City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. March 8, 1988 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 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 Sawyer to approve the minutes of the February 23, 1988 meeting. All Voted Aye. Mayor Nagel presented Mrs. Betty Dixon of the Nederland Chamber of Commerce with a Proclamation declaring March 16, 1988 "Go Texan Day." Mrs. Dixon thanked the Council and invited everyone to join in the promenade on March 16 to begin at 5:30 p.m. on the corner of Twin City Hwy. and Boston Avenue. Mrs. Dixon then asked the Chief of Police to lead the promenade. A motion was made by Councilman Nugent and seconded by Councilman Lee to approve the Proclamation declaring March 16, 1988 as "Go Texan Day" and urging all the citizens of Nederland to participate in the festivities relative to this celebration. All Voted Aye. D. Sosa, Acting City Manager, informed the Council that in order to transfer ' title of the rescue van into the City of Nederland's name, the Mayor and City Manager will have to sign a Certificate of Corporate Resolutions for First RepublicBank. He went on to explain that the title to the van is currently in the name of Nederland Volunteer Fire Department and the change needs to be made for liability insurance purposes. The Volunteer Fire Department will still be responsible for the monthly notes with the City only providing the insurance. A motion was made by Councilman Sawyer and seconded by Councilman Lee to authorize the Mayor and City Manager to sign a Certificate of Corporate Resolutions for First RepublicBank in order to transfer title of the rescue van into the City of Nederland's name for insurance purposes. All Voted Aye. Mayor Nagel asked for questions and /or comments concerning the monthly bills as presented by the Treasurer. A motion was made by Councilman Sawyer and seconded by Councilman Lee to authorize payment of the bills for the month of February. All Voted Aye. Mayor Nagel called for a recess in the regular meeting at 3:10 p.m. in order to conduct an Executive Session. Mayor Nagel called the regular meeting back to order at 3:45 p.m. and reported that the Council was brought up to date on the Gulf States Utilities rate case and that no action is required at this time. A motion was made by Mayor Nagel and seconded by Councilman Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. r1111ul.eb I.()I1C- UlueQ, narcn o, iyoo Discussion Items: 1. Councilman Nugent reported that one of the garbage trucks sprayed hydraulic fluid along Tipps Drive and asked that the spills be covered with sand. 2. Councilman Sawyer reported that the corner of Franklin Avenue @ 11th Street needed repairing. 3. D. Sosa reminded the Council of the grand opening to be held March 15, 1988 at the Mediation Center at 5:00 p.m. There being no further business, the meeting adjourned at 3:55 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 [1 Romer E. Nagel, Mayor City of Nederland, Texas 53 0q V• • V• \ I \Vr11 YlJ 6fid- Jefferson County, Texas Office of il?e `-Uor Cs� Ji Homei E. Nagel /pJIV virtue of lfte auleliorily RZ, v//edled i ime as Mayor v114e C,ily of //eder[aitc�, ,Jexaj, O cto 1erel y 19roclp ainz MGAch 15, 1983 ..1`J s "Go Texan Day" iilL 14e City of YjecferLtcf, ,Jexaj, and urge each and every C.iliren of our Cfily to dness we,6tenn and to pantic.ipate in othe 6atti.v.i flea neea ive to .thiz ce -ebna ion. ill lei lintoil evtcereol, tvibieis inn ttaitc[ ctitc[ Seal o� l/e (fily o/ ec[erLititc� 1%tis 14e 8th cr/CtV o/ March, 1933 , �. oU. Allesl: 1 1 1 i /1�,a�or C'it� � of Ylec+lerfaitcl, f7exas �eere1c1r1 1 L L� Mid- Jefferson County, Texas 55 Offict of tilt 401apr COPY J, HomeA E. NageC 7 IV virtue of the authority ve3td it t file as Il a yor of the City of ilecier[and, Jexas, 11. h ereby � [a hla,ch 8, 19888 .fit s "Johnny Shcuu Day" ill the City of 71ecierI"isci, _texas, anel urge ea A, aitJ every Citizen of oar City to rceeogn ze the nenvice, dedication and eont&i.- butioms Johnny Shacu has made to and Son the City and citizens o5 NeduLtand, Texan. ill l estifitony cvhereoll tvititess my hand aid Seat o� the City of /lederland 11t is 11t e 8th day o/ blanch, 1988 , A.2. ,4ttest: City Secretary yflayor City o/ /�ec�erluncf, _/caa3 56 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 22, 1988 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. Mayor Nagel called for any corrections and /or additions to be made in the minutes of the March 8, 1988 meeting. A motion was made by Councilman Nugent and seconded by Councilman Bourque to approve the minutes of the March 8, 1988 meeting as written. All Voted Aye. Mayor Nagel called for the receiving of bids for cleaning and painting of the elevated water storage tank on Canal Avenue and U.S. Hwy. 69. Howard McDaniel, City Manager, informed the Mayor and Council that the staff would like to table receiving bids for the cleaning and painting of the water storage tank at this time. He explained that the staff did not have the assistance of Don Reichle when the bid specifications were put together and ' because Mr. Reichle was not available, the staff used old specifications as a guideline to prepare the specifications that were sent to perspective bidders. It was after the specifications had been mailed that Don Reichle informed the City that he could assist in putting the specifications together. After reviewing the specifications put together by the staff, Mr. Reichle stated that he felt the City should bid this job in segments rather than lump the work to be done in one specification document. Mr. McDaniel added that this would also help the City get the money for this project within budget. The City Manager informed the Council that the staff has been able to contact all perspective bidders and they were all agreeable rebidding under the new specifications. A motion was made by Councilman Bourque and seconded by Councilman Lee to table receiving bids for the cleaning and painting of the elevated water storage tank on Canal Avenue and U.S. Hwy. 69 until a later date. All Voted Aye. Mayor Nagel called on the City Manager to brief the Council concerning the adoption of a tax abatement policy for the City of Nederland. The City Manager informed the Mayor and Council that he was recommending that the authorization to adopt the tax abatement policy be tabled until the next Council meeting. He stated that, due to the School District's dependence on ad valorem tax, they are more sensitive to an abatement policy and felt that it would be prudent to talk to the School District to see what their feelings are toward this policy. The Superintendent of the School District indicated that before he and the School Board made a determination as to what they were going to do, they wanted to meet with their tax attorney to see what effect a tax abatement would have on their revenues. 1 1 1. Minutes Continued, March 22, 1988 A motion was made by Councilman Lee and seconded by Councilman Sawyer to defer authorizing the adoption of a tax abatement policy for the City of Nederland until the next Council meeting. A motion was made by Mayor Nagel and seconded by Councilman Nugent to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Nugent commended City employees on the clean -up of the City before, during and after the Heritage Festival. The City Manager thanked Councilman Nugent and informed him that the City took advantage of the County inmate program to aide in the clean -up of the City. 2. Councilman Lee informed the Council that he attended a ribbon cutting for the Nederland Eye Clinic located on Hwy. 347 and added that this facility is a real asset to the City of Nederland. 3. Howard McDaniel, City Manager, briefed the Council concerning the recent Mid County Municipal League meeting. He stated that the meeting was relative to the creation of a Mid County Food Inspection Program. He informed the Council that it was initially planned for the three cities to hire an experienced sanitarian with the City of Port Neches agreeing to accept the responsibility of administering this program for the Mid County cities. However, since this meeting, the possibility of contracting with the County has been discussed. The City Manager stated that he talked with Dr. Walkes, County Health Officer, who indicated that he would be willing to work out an agreement with the cities whereby the County would provide the full range of service that the cities would need and the collection of fees could be handled any way the three cities chose. The City Manager then pointed out that the latter of the two proposals may be the better due to the fact that if the cities choose to hire an inspector and a conflict arises between the inspector and a food handling service that could not be resolved at the local level, the next step would be to go before the Commissioner's Court. Under the second proposal, the County would handle any disputes from the beginning instead of trying to reconstruct a situation occuring at the local level. Dr. Walkes also indicated that an additional sanitarian would have to be hired and that they would consider hiring anyone from Mid - County should there be a qualified person living in one of the three cities. The City Manager then stated the Committee was planning to reconvene in order to discuss the second proposal at a later date. 4. The City Manager reminded the Council of a meeting to be held at the Holiday Inn Park Central, March 30, at 11:30 a.m. to 2:00 p.m. to address the issue of Rural Ozone Initiative. 5. The City Manager informed the Council that the next Texas Municipal League Region XVI meeting will be held April 21 at 6:30 p.m. in Lufkin at the Crown Colony Country Club. 6. Mayor Nagel reminded the Council that a meeting relative to Substance Abuse will be held Monday morning at 8:30 a.m. 57 Minutes Continued, March 22, 1988 There being no further business, the meeting adjourned at 7:00 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 59 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. April 12, 1988 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 Tom E. Lee, Jr. and Councilman Michael R. Bourque. Councilman R. A. "Dick" Nugent was absent. Mayor Nagel called for corrections and /or additions to the minutes of the March 22, 1988 meeting. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the March 22, 1988 meeting as written. All Voted Aye. Mayor Nagel presented Mrs. Pat Armstrong with a Proclamation declaring the month of May "Toastmasters International Month in Southeast Texas." Mrs. Armstrong thanked the Mayor and Council for the Proclamation and invited everyone present to attend a Toastmasters meeting adding that the group meets every Thursday night at Wyatts Cafeteria in Port Arthur at 6:30 p.m. A motion was made by Councilman Lee and seconded by Councilman Bourque to approve 'the Proclamation declaring the month of May "Toastmasters International Month in Southeast Texas." All Voted Aye. Mrs. JoAnn Foster of the Veterans Land Board presented the Mayor and City Council with a Certificate of Recognition in appreciation for dedicated service to the Veterans of Texas. A motion was made by Mayor Nagel and seconded by Councilman Lee to accept the Certificate of Recognition in appreciation for dedicated service to the Veterans of Texas as presented by Mrs. JoAnn Foster. All Voted Aye. Mayor Nagel presented Mrs. Cleo Martin with a Proclamation declaring April 10 -16, 1988 "Week of the Young Child." A motion was made by Councilman Sawyer and seconded by Councilman Lee to approve the Proclamation declaring April 10 -16, 1988 "Week of the Young Child." All Voted Aye. Mayor Nagel asked that the Council approve a Proclamation declaring Friday, April 15, 1988 "R. J. Lawrence Day" in Nederland commemorating Mr. Lawrence's 90th birthday and his many years of service to the community. He then added that a reception will be held at the American Legion Hall, Friday, from 5:00 p.m. until 7:00 p.m. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve a Proclamation declaring Friday, April 15, 1988 "R. J. Lawrence Day" in Nederland. All Voted Aye. Minutes uontlnueu, April 1L, 1700 60 Mrs. Mary Russell addressed the Council concerning Zoning Ordinance No. 146. Mrs. Russell's concern was prompted by a furniture manufacturing company operating in the 3600 block of Nederland Avenue. The business is in compliance with Zoning Ordinance No. 146 but, because of the lacquer and varnish fumes produced by this company, Mrs. Russell feels that this type of business belongs in an area zoned for industry and that there should be stronger controls on what is allowed in a commercial zone. Mrs. Russell's concern was focused on what type of business (in compliance with the present zoning ordinance) would be allowed to operate at this location should Oak Creek Manufacturing Company move. Mrs. Russell then informed the Council that complaints have been registered with the Air Quality Control Board relative to the fumes produced by this Com- pany. Mayor Nagel informed Mrs. Russell that he would have the Planning and Zoning Commission review Zoning Ordinance No. 146 and also instructed the staff to follow -up on the complaints already registered with the Air Quality Control Board by the residents in this neighborhood. Mrs. Russell then presented the Mayor and Council with a petition signed by 29 persons residing in the neighborhood of Oak Creek Manufacturing Company along with a doctor's statement relative to the effects of the fumes on persons living near this company. A motion was made by Mayor Nagel and seconded by Councilman Bourque to accept the petition presented by Mrs. Russell and to refer this problem to the staff so that they could follow up on the complaints registered with the Air Quality Control Board by the residents living near Oak Creek Manufacturing Company and to refer Zoning Ordinance No. 146 to the Planning and Zoning Commission for review. All Voted Aye. Mr. Don Reichle opened and read bids received for the cleaning and painting of the elevated water storage tank on Canal Avenue and U.S. Hwy. 69. The following submitted bid proposals: Arlesco, S.S.P.C., Inc., Impro, Dean Jones Contractors, Odland Protective Coating and Lupton Painting. The City Manager asked that the bids be referred to the staff for tabulation and recommendation. A motion was made by Councilman Lee and seconded by Councilman Sawyer to refer bids received for the cleaning and painting of the elevated water storage tank on Canal Avenue and U.S. Hwy. 69 to the staff for tabulation and recommendation. All Voted Aye. The City Manager informed the Council that the Planning and Zoning Commission met on March 28 to review a replat of a 4.918 acre tract of land legally known as Lots 5 & 6, Block 17, Range H, PALCO to be named Christina Court Section Two. He stated that the developer has allowed for a 60' street right -of -way and that the Planning & Zoning Commission recommends approval of the preliminary and final plat of Christina Court Section Two. A motion was made by Councilman Lee and seconded by Councilman Sawyer to accept the Planning and Zoning Commission's recommendation approving the preliminary and final plat of Christina Court Section Two. All Voted Aye. The City Manager informed the Council that, although no trial date has been set, the City Attorney has reviewed work completed by Moore, Landry, Garth and Jones relative to the dispute between the City, the Engineers and G. R. Grier, Inc. on work done at the wastewater treatment plant and is recommending payment be made to this law firm for work completed. Minutes Continued, April 12, 1988 A motion was made by Councilman Bourque and seconded by Councilman Lee to authorize payment to Moore, Landry, Garth and Jones in the amount of $3,945.00 for legal services rendered in connection with City of Nederland vs. G. R. Grier, Inc. All Voted Aye. The City Manager stated that payment in the amount of $1,592.13 to Butler and Casstevens and $648.46 to Diversified Utility Consultants represent the City of Nederland's proportionate share in the G.S.U. rate case and that these expenses will be reimbursed to the City by G.S.U. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment in the amount of $1,592.13 to Butler and Casstevens and $648.46 to Diversified Utility Consultants representing the apportionment of additional billings in G.S.U. rate case. All Voted Aye. The City Manager informed the Council that a resolution needed to be approved to send to the P.U.C. declaring City- incurred expenses of Don Butler and D.U.C.I. relating to the Gulf States Utilities rate case after 12 -22 -87 as reasonable and reimbursable by the Company. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve a Resolution declaring City- incurred expenses of Don Butler and D.U.C.I. reasonable and reimbursable by G.S.U. All Voted Aye. The City Manager informed the Council that payment in the amount of $6,032.53 to W. E. Sanderson is being recommended for services rendered in the G.S.U. rate case. He then added that these local expenses are not reimbursable by G.S.U. 'A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment in the amount of $6,032.53 to W.E. Sanderson for services rendered in the G.S.U. rate case. All Voted Aye. The City Manager stated that recommendation is being made to approve payment to John Burmeister in the amount of $959.91 for professional services rendered in the G.S.U. rate case. He further explained that Mr. Burmeister was the representative hired by local attorneys to plead before the P.U.C. that locally - incurred expenses are reasonable and justified. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to John Burmeister in the amount of $959.91 for professional services relative to the G.S.U. rate case. All Voted Aye. The City Manager informed the Council that the Nederland Babe Ruth League is again requesting the City to pay up to $2,000 on utilities for the Nederland Babe Ruth Ballpark for the 1988 season, adding that this is a yearly routine item. A motion was made by Councilman Lee and seconded by Councilman Bourque to authorize payment of utilities not to exceed $2,000 for the Nederland Babe Ruth Ballpark for the 1988 season. All Voted Aye. The City Manager told the Council that he and the Public Works Director would like to attend a Solid Waste Management Seminar to be held May 18 -20 in Austin. He went on to explain that one of the sponsors is the Texas Department of Health and since the City is presently looking into alternatives to solid waste disposal, he felt it would be good to attend this meeting to see what position towards the different alternatives the Texas Department of Health would take. 52 A motion was made by Mayor Nagel and seconded by Councilman Lee to authorize the City Manager and the Public Works Director to attend a Solid Waste Management Seminar to be held May 18 -20, 1988 in Austin, Texas. All Voted Aye. Mayor Nagel then called for questions and /or comments concerning the payment of the bills for the month of March. There being no questions and /or comments, a motion was made by Councilman Bourque and seconded by Councilman Sawyer to authorize payment of the bills for the month of March. All Voted Aye. Mayor Nagel called for a recess in the regular meeting at 4:20 in order to conduct an Executive Session. Mayor Nagel reconvened the regular meeting at 4:45 and made note that the Executive Session was relative to a personnel matter but no action was necessary. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Howard McDaniel, City Manager, briefed the Council concerning the 1988 Street Rehabilitation Program. He informed the Council that a map outlining which streets are being proposed for rehabilitation is enclosed for their review and that this item will be placed on the agenda for the next City Council meeting. There being no further business, the meeting adjourned at 5:00 p.m. _ � 1 `Homer E. Nagel, Mayor City of Nederland, Texas ATTEST Chris Serres, City Secretary City of Nederland, Texas 1 CLTY OF Nl'DERLAND 63 A I'ROCLAMA'rioiJ 0 WHEREAS, the first Toastmasters club was formed in October C:�-� 1924 with the purpose being "to afford practice and training in the art ��\ j/) of public speaking and in presiding over meetings, and to promote sociability and good fellowship among its members," and WHEREAS, in 1932 the organization became 4 non— profit corporation with steadily increasing numbers, and WHEREAS, in 1942 the first formal communication program was introduced and, as the year:. pas:ocd, the communication and leadership program expanded and was updated to keep in line with current member requirements, and WHEREAS, membership in Toastmasters International increased rapidly and has resulted in over 3,000 clubs with over 1,000,000 members throughout the world at the present time, and WHEREAS, as Toastmasters International has expanded throughout the world, the guiding purpose of the organization has remained unchanged. As action people seek communication and leadership development through better listening, thinking, and speaking, they are turning to the Communication and Leadership Program of Toastmasters International with confidence. THEREFORE, I, Homer L. Nagel, Mayor of the City of Nederland, Texas, do hereby designate the month of May, 1988 as "TOASTMASTERS INTERNATIONAL MONTH IN SOUTHEAST TEXAS" IN TESTIMONY WHEREOF, Witness my hand and the Seal of the City of Nederland, Texas, this the day of , 1988. ICDP�� ATTEST: Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas l.1LY ur NI:uL•'KLAND 94 A VROCLAMATLON 0 , OWHEREAS, the Southeast Texas Association for the Education of Young Children and other local organizations, in conjunction with the National Association for the Education of Young Children, is sponsoring the "ldeek Of The Young Child" April 10 through April 16, 1988; and WHEREAS, by calling attention to the educational and service-pro- grains presently available to our young children, these voluntary professional groups hope to improve the quality of these programs as well as initiate new offerings; and WIIEREAS, these improved efforts will serve to insure that our young children, regardless of social or economic status, will reach their physical, intellectual and spiritual potential; and WHEREAS, public cooperation from the home, school and community is needed to fulfill our responsibilities to young children. 1, Homer E. Nagel, Mayor of the City of Nederland, Texas, do hereby proclaim April 10 through April 16, 1988 as "Week Of The Young Child" in Nederland, Texas, and urge all citizens to support and encourage all agencies working for the wellbeing of young children in our city. In testimony whereof, witness my hand and Seal of the City of Nederland this the day of l� ATTEST: Chris Serres, City Secretary City of Nederland, Texas , 1988, A.U. Homer L. Nagel, Mayor City of Nederland, Texas 1 1 1 1 (Office of file 4E� n 6 5 If Homer E. Nagel by virtue o1 the aul�iorily veitec ill Ine cd Mayor 0/1/10 City o/ /7eder[anI. texas, C/o //tere4l P,.octait,i Apr,i.f 15, 1988 VOQ 1 �s "R. J. Lawrence Day" ill the City 0/ n�eclerlaitcl, _lexaj, and urge eac{t artel every Citizen of our City to 2ecogn.ize Mr. Lawrence on h z 90th biAthday and to honoa him bo -i Uz many yeau ob dedicated seuice to the citi.zenvs o5 NedeeAiand as Di)teetor o5 the Chamber o6 Commence, Goo&viU Ambazzador, Ptann i.ng and Zoning Comm.i,b s.Lon and member o6 the Community Chat. Al testintony tvltereol� tvitrtess itty Marti acid Seal ^ ^^ tl id the 15.th Clay o/ (fit j 017 Y o ec r e an � e xas City Secretary CITY OF NEDERLAND r r RESOLUTION NO. 1988 -4 A RESOLUTION APPROVING BILLS OF DON R. BUTLER, ATTORNEY, AND D.U.C.I., RATE CONSULTANTS IN GULF STATES UTILITIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 7195. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of Don R. Butler, Attorney, and the bills of D.U.C.I., Rate Consultants, is marked Exhibit "A" and attached hereto and is hereby approved and found to be reasonable and for necessary services to the City of Nederland with respect to the Gulf States Utilities' rate application including Public Utility Commission Docket No. 7195. SECTION 2: That claim for reimbursement shall be presented to Gulf States Utilities Oompany in the amount thereof, under authority of the Public Utility Regulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci of the City of Nederland, held on the 12th day of April, 1988. O Homer E. Nagel, Mayor {( City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 67 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. April 26, 1988 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. Bouruqe and Councilman R. A. "Dick" Nugent. Mayor Nagel called for any corrections and /or additions to the minutes of the April 12, 1988 meeting. A motion was made by Councilman Nugent and seconded by Councilman Bourque to approve the minutes of the April 12, 1988 meeting as written. All Voted Aye. Mayor Nagel presented Mrs. Nancy McDonald, Mrs. JoAnn Haltom and Mrs. Cynthia Hassel with a Proclamation declaring April 30, 1988 as "St. Jude Children's Research Hospital Day" in Nederland. A motion was made by Councilman Nugent and seconded by Councilman Bourque to approve the Proclamation declaring April 30, 1988 as "St. Jude Children's Research Hospital Day" in the City of Nederland. All Voted Aye. Howard McDaniel, City Manager, informed the Council that Mr. Don Reichle and ' the staff have reviewed the bids received for the cleaning and painting of the elevated water storage tank on Canal Avenue and U.S. Hwy. 69. It is the recommendation of both Mr. Reichle and the staff to award the bid to S.S.P.C., Inc. in the amount of $59,010. Mr. McDaniel added that this bid is the low bid and also that Mr. Reichle has worked with this company on three other projects. A motion was made by Councilman Lee and seconded by Mayor Nagel to authorize awarding the bid for the cleaning and painting of the elevated water storage tank on Canal Avenue and U.S. Hwy. 69 to S.S.P.C., Inc. in the amount of $59,010. All Voted Aye. The City Manager read an amendment to Ordinance No. 164 setting regular dates for Council meetings to be held from May 10, 1988 through April 25, 1989. He then added that this is a yearly routine item. A motion was made by Councilman Sawyer and seconded by Councilman Lee to approve an amendment to Ordinance No. 164 setting regular dates for Council meetings to be held from May 10, 1988 through April 25, 1989. All Voted Aye. Howard McDaniel informed the Council that the Planning and Zoning Commission voted unanimously to recommend the acceptance of the preliminary and final plat of a 6.299 acre tract of land to be renamed Heritage Court. He then stated that this subdivision will be a fine improvement and recommended accepting the Planning and Zoning Commission's recommendation to approve the final plat. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to accept the Planning and Zoning Commission's recommendation for approval of the preliminary and final plat of Heritage Court Subdivision. All Voted Aye. Minutes Continued, April 26, 1988 Howard McDaniel, City Manager, reminded the Council that a map and a listing of proposed streets to be rehabilitated in 1988 was provided to them at the last Council meeting. He stated that the staff is ready to advertise for bids if it is the desire of the Council. A motion was made by Councilman Lee and seconded by Councilman Sawyer to authorize the advertisement for bids to be received May 10, 1988 at 3:00 p.m. for the 1988 Street Program. All Voted Aye. The City Manager stated that a seminar is being sponsored by the Attorney General's office concerning open meetings /open records law and felt a need to send the City Attorney to this seminar. He went on to explain that he understands there have been some changes made since the last legislative session relative to the open meetings law. Mayor Nagel added that he has also read materials concerning several changes in the open meetings law and also felt it would be in the best interest of the City to send our Attorney. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the City Attorney to attend the Open Meetings /Open Records seminar in Austin, April 27 -29, 1988. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Nugent and Councilman Lee both expressed their sincere appreciation and enjoyment in their respective careers on the City Council. 2. Howard McDaniel reported that he and the Mayor met with the Planning and Zoning Commission at their last meeting. He explained to the Commission the circumstances involving the request made by the residents behind Oak Creek Manufacturing relative to fumes produced by this company. The citizens asked for changes to the zoning ordinance regulating what type of business would be allowed to operate in a commercial zone to prevent a situation of this kind from occurring in the future. He informed the Commission that the City was not advocating a change but jut wanted them to understand the situation and to spend some time deliberating on the request. He then informed the Commission that at their next regularly scheduled meeting he would like for them to make a recommendation to present to the Council. 3. Mayor Nagel reported that he attended a meeting in Houston with Continental Airlines relative to the introduction of another new type airplane that will begin service in our area. He stated that this new airplane will replace the airplane introduced here last year. Mayor Nagel went on to explain that this new airplane will hold thirty passengers, which will be more in line with the number of persons served by our airport. He then informed the Council that for the first three months of 1988, airline ticket sales have increased by 20% as compared to the first three months of 1987. Minutes Continued, April 26, 1988 There being no further business, the meeting adjourned at 6:55 p.m. f ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas 69 70 A PROCLAMATION O WHEREAS, dread childhood diseases are killing many thousands of Cchildren each year, and WHEREAS, only medical research provides hope of discovering the still unknown causes of leukemia and other childhood cancers, rare blood diseases and other illnesses that strike our young, and WHEREAS, St. Jude Children's Research Hospital, founded by Danny Thomas, is the only research center in America devoted solely to basic and clinical research in these catastrophic disease areas, and WHEREAS, this institution is leading the way to new treatment procedures that have greatly increased the rate of survival, and WHEREAS, St. Jude Children's Research Hospital depends upon public support to continue this vital work; NOW, THEREFORE, I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of Nederland, do hereby proclaim April 30, I 1988 as "NEDERLAND —ST. JUDE CHILDREN'S RESEARCH HOSPITAL DAY" in Nederland, Texas, and I urge ..all citizens, schools, churches, business establishments, labor unions, and scientific, social, civic and fraternal organizations to give this worthwhile project their support and cooperation. IN WITNESS WHEREOF, I have hereunto set my hand, and caused the Great Seal of the City of Nederland to be O affixed at Nederland, Texas this 26th day of April, 1988 A.D. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas i 1 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 10, 1988 THROUGH APRIL 25, 1989 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting dates for the meeting of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 3:00 p.m, on each of the following dates: May 10 June 14 July 12 September 13 October 11 co� November 8 December 13 January 10 February 14 March 14 April 11 the remainder of the meetings shall begin at 6:30 p.m. on the following dates: May 24 June 28 July 26 August 9 August 23 September 27 October 25 November 22 December 27 January 24 February 28 March 28 April 25 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED Ain AP OVED by the City Council at a regular meeting this the day of , 1988. ATTEST: �y w� Chris Serres,'City Secretary City of Nederland, Texas Homer E. Nagel`, Mayo City of Nederland, Texas or7 1 72 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. May 10, 1988 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 Tom E. Lee, Jr., Councilman Michael R. Bourque and Councilman R. A. "Dick" Nugent. Mayor Nagel called for any additions and /or corrections to the minutes of the April 26, 1988 meeting. A motion was made by Councilman Nugent and seconded by Councilman Bourque to approve the minutes of the April 26, 1988 meeting as written. All Voted Aye. Mayor Nagel called for the canvassing of the returns for the May 7, 1988 General Election. Mrs. Luetta Powell, Election Judge, reported that a total of 809 votes were cast in the Absentee and General elections combined. She then reported that the following number of votes were cast for each candidate: HOMER E. NAGEL ERNEST BAYARD CARL N. "CROPO" LEBLANC ALTON "BOO" HOLLIER BILLY W. DOORNBOS JAMES "JIM" LAVERGNE MAYOR 675 COUNCILMAN WARD II 146 ' 629 COUNCILMAN WARD IV 125 422 234 Mrs. Powell then presented a statement of compensation to the Mayor and Council for payment of the election officials in the amount of $362.50 in accordance with State Statutes Article 3.08 of the election code. A motion was made by Mayor Nagel and seconded by Councilman Lee to accept the canvass returns as presented by Mrs. Powell, Election Judge, and to approve payment in the amount of $362.50 to election officials in accordance with State Statutes Article 3.08 of the election code. All Voted Aye. Chris Serres, City Secretary, administered the Oath of Office to Homer E. Nagel, Mayor; Carl N. "Cropo" LeBlanc, Councilman Ward II; and Billy W. Doornbos, Council- man Ward IV. Mayor Nagel then commended Mr. Nugent and Mr. Lee for their past years service as Councilmembers and expressed his appreciation for their dedication to the citizens of Nederland. Mayor Nagel nominated Councilman Sawyer for the position of Mayor Pro Tempore. He then gave a brief explanation as to why he nominated Councilman Sawyer, stating that, in as much as Councilman Sawyer is the senior member on the Council, he felt he would be best qualified for this position. He then asked for any other nominations. i.i.au �co �vi�l illLLCLL, flay 1V, 1700 There being no other nominations, a motion was made by Mayor Nagel and seconded by Councilman LeBlanc to appoint Councilman Sawyer Mayor Pro Tempore. All Voted Aye. Howard McDaniel gave a brief overview of the street program for the benefit of Councilmen LeBlanc and Doornbos. Stirling Copp, Public Works Director, opened and read bids received for the 1988 Street Program. The bidders were as follows: Clark Construction Co. - $164,471.50; A. W. Busby Contractor - $219,780.50; APAC - Texas - $208,136.50; Russ Miller Construction Company - $174,223.35; and Bo -Mac Contractors - $187,759.50. Howard McDaniel, City Manager, asked that the bids received be referred to the staff for tabulation with recommendation to be made at the end of the Council meeting. Howard McDaniel, City Manager, informed the Council that payments to Butler and Casstevens in the amount of $1,069.74 and to Diversified Utility Consultants in the amount of $1,211.68 are being recommended. He added that these payments are a part of a long series of payments relative to the City of Nederland's apportionment of additional billings in the Gulf States Utilities' rate case. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve payments to Butler and Casstevens in the amount of $1,069.74 and to Diversified Utility Consultants in the amount of $1,211.68 representing the apportionment of additional billings in the Gulf States utilities' rate case. All Voted Aye. The City Manager stated that a resolution needed to be approved by the Council 'declaring City- incurred expenses of Don Butler and D.U.C.I. Consultants reasonable and reimbursable. He added that this is a requirement passed by the Public Utility Commission. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve the resolution declaring City- incurred expenses of Don Butler and D.U.C.I. Consultants relating to the Gulf States Utilities' rate case after 12 -22 -87 reasonable and reimbursable by the Company. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning a resolution declaring the City- incurred expenses of Jon Burmeister in the amount of $959.91 reasonable and reimbursable. He explained that Mr. Burmeister was retained as an expert witness to testify before the Public Utility Commission as to the reasonableness of the fees charged by local attorneys relative to the Gulf States Utilities' rate case. Mayor Nagel added that this attorney testified before the Public Utility Commission at the P.U.C.'s request. A motion was made by Councilman Bourque and seconded by Mayor Nagel to approve the resolution declaring the City- incurred expenses of Jon Burmeister in the amount of $959.91 relating to Gulf States Utilities' rate case after 12 -22 -87 reasonable and reimbursable by the Company. All Voted Aye. Howard McDaniel, City Manager, briefed the Council concerning the transferring of operation and maintenance of traffic signals to the State of Texas. He explained that the State of Texas will take over the responsibility of the maintenance and operation of traffic signals along State highways in cities with populations between fifteen and twenty thousand. �y Minutes Continued, May 10, 1988 F A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve Ordinance No. 391 transferring the operation and maintenance responsibilities of existing traffic signals from the City of Nederland to the State of Texas at the following locations: SH 347 at Helena Avenue; SH 347 at Boston Avenue; SH 347 at Nederland Avenue; and SH 347 at Avenue H. All Voted Aye. Mayor Nagel asked for any questions and /or comments concerning the payment of the monthly bills as presented by the Treasurer. There being no adjustments concerning the payments of the bills as presented by the Treasurer, a motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment of the bills for the month of April. All Voted Aye. Howard McDaniel, City Manager, presented the recommendation made by the staff to award the bid for the 1988 Street Program to Clark Construction in the amount of $164,471.50. He stated that Clark Construction was the low bidder and that he also was the contractor last year for the overlay program and did an excellant job. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to award the bid for the 1988 Street Program to Clark Construction in the amount of $164,471.50. All Voted Aye. Mayor Nagel called for a recess in the regular meeting at 3:40 p.m, in order to conduct an Executive Session. Mayor Nagel reconvened the regular meeting at 3:50 p.m. and stated that the Executive Session was relative to a personnel matter but no action was necessary. Discussion Items: 1. Councilman Doornbos inquired as to whether or not any progress has been made relative to the Oak Creek Manufacturing situation. The City Manager reported that a chronology of events that have transpired since this manufacturing company moved in at this location has been put together by the staff and a copy will be made available for review. The City Manager then gave a brief overview of the chain of events that has taken place thus far. 2. Councilman Doornbos then reported to the City Manager that Nederland Avenue needed to be restriped. 3. Councilman LeBlanc reported that, in addition to restriping Nederland Avenue, reflectors needed to be placed in the turning lanes @ 21st and 27th Streets. 4. Councilman Bourque commended Chief Neal on a job well done relative to the auction held at the City Service Center. 5. Councilman LeBlanc reported an odor coming from the wastewater treatment plant. The Water Superintendent reported that the deodorizer that the City is presently using has been changed from banana flavor to citrus flavor. This should alleviate the problem. 6. Howard McDaniel, City Manager, reported that the State Fire Marshal Conference is going to be held in Beaumont this year and there will be a parade. Each City has been asked to put one piece of apparatus in the parade. The Fire Chief feels he can spare one piece of apparatus and still adequately cover the City. The City Manager then stated that if the Council has no objections, r; 1 Minutes L;ontlnueQ, May lu, IV6?J he will inform Beaumont that the City of Nederland will supply one piece of fire fighting apparatus for the parade. 8. The City Manager then informed the Council that W. T. Oliver requested that as many of the Councilmembers as possible attend a meeting to be held on May 30 (Memorial Day) at 2:00 p.m. at the V.F.W. Hall in Port Neches. He also asked that the City prepare a proclamation or resolution supporting a veterans park to be built on eight acres that has been provided at the end of the new bridge that runs parallel with the rainbow bridge. The City Manager asked that the Council r.s.v.p. as soon as possible. 9. The City Manager informed the Council that they, along with all department heads, have been invited to a fish fry to be held at Ace Glass, Saturday', beginning at noon. There being no further business, the meeting adjourned at 4:08 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 1 Chris Serres, City Secretary City of Nederland, Texas L A VLL1 VL 1VLULll Lt11VU v A RESOLUTION NO. 1988 -5 QO A RESOLUTION APPROVING BILLS OF DON R. BUTLER, ATTORNEY, AND D.U.C.I., RATE CONSULTANTS, IN GULF STATES UTILITIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 7195. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of Don R. Butler, Attorney, and the bills of D.U.C.I., Rate Consultants, is marked Exhibit "A" and attached hereto and is hereby approved and found to be reasonable and for necessary services to the City of Nederland with respect to the Gulf States Utilities' rate application including Public Utility Commission Docket No. 7195. SECTION 2: That claim for reimbursement shall be presented to Gulf States Utilities Company in the amount thereof, under authority of the Public Utility Regulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland, held on the 10th day of May, 1988. Homer E. Nagel, City of Nederland, Texas ATTEST: y, Chris Serresr, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 1 i� I� CITY OF NEDERLAND RESOLUTION NO. 1988 -6 A RESOLUTION APPROVING BILLS OF JON BURMEISTER, ATTORNEY, IN GULF STATES UTILITIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 7195. 77 con, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of Jon Burmeister, Attorney, is marked Exhibit "A" and attached hereto and is hereby approved and found to be reasonable and for necessary services to the City of Nederland with respect to the Gulf States Utilities' rate application including Public Utility Commission Docket No.•7195. SECTION 2: That claim for reimbursement shall be presented to Gulf States Utilities Company in the amount thereof, under authority of the Public Utility Regulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland, held on the 10th day of May, 1988. ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Vv W. E. Sanderson, City Attorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 78 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 24, 1988 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 Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the May 10, 1988 meeting. Councilman Doornbos called for a correction to the minutes of the May 10, 1988 meeting relative to transferring the responsibility of maintaining traffic signals to the State Department of Highways. The minutes read that the State Department of Highways would take over the responsibility in the cities with populations from "fifteen to twenty" thousand, and they should have read from "fifteen to fifty" thousand. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to correct the minutes of the May 10, 1988 meeting to read "fifteen to fifty" thousand rather than "fifteen to twenty" thousand and to approve the minutes as corrected. All Voted Aye. Howard McDaniel, City Manager, informed the Council that the request for payment ' in the amount of $551.36 to Butler and Casstevens and $257.85 to Diversified Utility Consultants represents the City of Nederland's apportionment of additional billings in the Gulf States Utilities' rate case for the month of April. He added that it is still not known when a final billing will be received from these two firms relative to the G.S.U. rate case. Mr. McDaniel then stated that, to date, the City has paid Butler and Casstevens approximately $12,000 and Diversified Utility Consultants approximately $26,000 and that these payments are within the money budgeted for G.S.U. rate case expenses. Mr. McDaniel then recommended payment to these two firms. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize payment to Butler and Casstevens in the amount of $551.36 and to Diversified Utility Consultants in the amount of $257.85 representing the City of Nederland's apportionment of additional billings in the Gulf States Utilities' rate case. All Voted Aye. The City Manager stated that a Resolution needed to be passed by the Council to declare the City- incurred expenses of Butler and Casstevens and Diversified Utility Consultants reasonable and reimbursable. He added that this is a housekeeping item required by the Public Utility Commission. Mr. McDaniel then read the caption of the resolution. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve Resolution 1988 -7 declaring City- incurred expenses of Butler and Casstevens and Diversified Utility Consultants relating to the Gulf States Utilities' rate case after 12 -22 -87 reasonable and reimbursable by Gulf States Utilities Company. All Voted Aye. Minutes continued, May t4, 1706 Howard McDaniel, City Manager, informed the Council that an application has been made by Novrozsky's Hamburgers, Etc, for on- premise consumption of alcoholic beverages. He added that Novrozsky's will be located in the vacated Mr. Gatti's building on Hwy. 365 (3504 Hwy. 365). Mr. McDaniel then gave an overview relative to the requirements for applying for an alcoholic beverage license. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to accept Novrozsky's Hamburgers, Etc.'s application for on- premise consumption of alcoholic beverages in accordance with Ordinance No. 70. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Mayor Nagel and seconded by Councilman LeBlanc to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: Councilman Doornbos reported that he contacted the Air Quality Control Board concerning the odor and fume problem with Oak Creek Manaufacturing Company. The Air Quality Control Board stated that this Company had approximately one and one -half to two weeks to present a solution as to how this problem would be resolved. The Air Quality Control Board indicated that, if a viable solution to this problem was not presented in the given time frame, they would file for a temporary restraining order against this Company. 2. Councilman Doornbos asked the City Manager to give an update on several items that were previously mentioned in the Friday letter relative to electric utility regulatory reform, notice to the public concerning the ' lead content in public water supplies and the handling of food establishments. The City Manager stated that there was nothing significant to report other than that a meeting will be held in Conroe on Tuesday concerning the electric utility regulatory reform item. He added that, at this meeting, there will be an explanation of alternatives to buying electric power from Gulf States Utilities Company. However, it is not known at this time whether or not any of the other items, with regard to attempting to change the laws, will be discussed. The City Manager then stated that, in regard to the notices relative to the lead content in public water supplies and the handling of food establishments, the notices are being published as required by the Environmental Protection Agency, and that the City of Port Neches is taking the lead on the handling of the food establishments. Mr. McDaniel added that, at this time, no other meeting has been scheduled relative to the handling of the food establishments. 3. Councilman Doornbos then reported a weed problem @ 36th Street and Atlanta Avenue. Councilman LeBlanc reported that Mr. Reed, 207 31st Street, complained that his meter is not read every month. Councilman LeBlanc then asked to have the meter readers get a true reading from Mr. Reed's meter each month. 5. Councilman LeBlanc asked the Public Works Director to check into the following matters: the approach @ Franklin Avenue and 14th Street; ditch @ 3603 Avenue A (citizen complained about the depth of the ditch stating that he would no longer be able to keep the ditch mowed); and the entrance into the driveway @ 1208 Orange Avenue (very steep incline due to the resurfacing of Orange Avenue). 79 Q 0 Minutes;�Continued, May 24, 1988 The City Manager informed Councilman LeBlanc that; concerning the depth of the ditch @ 3603 Avenue A, there was a serious drainage problem in this area and the ditches had to be dug deep in order to alleviate this problem. 6. Howard McDaniel, City Manager, reported that he and the Director of Public Works attended a solid waste disposal seminar in Austin and that, while attending this seminar, he had the opportunity to meet with the head of the solid waste division of the State Department of health who informed him that the M.C.M.L. landfill needed to be closed. Mr. McDaniel explained that one of the reasons for closing the landfill is that it is located in a wetland and another reason is due to more stringent guidelines being placed on landfills by the E.P.A. that would make operating a landfill in a wetland virtually impossible. He then informed the Council that the State has given us until July 15 to provide them with a closure plan. However, they are reviewing the request for an extension presented by him (Mr. McDaniel) and will respond to this request at a later date. Mr. McDaniel then informed the Council that the Solid Waste Advisory Committee was scheduled to meet Wednesday, May 25, to discuss the closure of the landfill and to discuss alternative methods of disposal. He stated that he would report back to the Council after this meeting. There being no further business, the meeting adjourned at 7:05 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: I ZhA LI-Q-1 Chris Serre , City Secretary City of Nederland, Texas 1 a.a. ✓va.uaa.v �v avv. 1700 -1 81 A RESOLUTION APPROVING BILLS OF DON R. BUTLER, ATTORNEY, AND D.U.C.I., RATE CONSULTANTS, IN GULF STATES UTILITIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 7195. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of Don R. Butler, Attorney, and the bills of D.U.C.I., Rate Consultants, is marked Exhibit "A" and attached hereto and is hereby approved and found to be reasonable and for necessary services to the City of Nederland with respect to the Gulf States Utilities' rate application including Public Utility Commission Docket No. 7195. SECTION 2: That claim fcr reimbursement shall be presented to Gulf States Utilities Company in the amount thereof, under authority of the Public Utility Regulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City ' Council of the City of Nederland, held on the 24th day of May, 1988. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres," City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: G /... W. E. Sa erson, City Attorney City of Nederland, Texas 82 , r REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. June 14, 1988 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Members present were Mayor Homer E. Nagel, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Councilman Robert D. Sawyer was absent. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the minutes of the May 24, 1988 meeting as written. All Voted Aye. Howard McDaniel, City Manager, advised the Council to table approving Resolution 1988 -8 recommending electric utility regulatory reform. He explained that the other area cities have not approved this resolution and that there are some areas of concern regarding some of the items set out in the Resolution. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to table approving Resolution 1988 -8 recommending electric utility regulatory reform. All Voted Aye. The City Manager presented a bi- monthly water billing proposal to the Council. He explained that, due in part to the lack of consumption by Sun Marine Terminals, the city is experiencing less than satisfactory water sales which is resulting in a shortfall in water department funds for this fiscal year. Mr. McDaniel ' continued to explain that, due to the economy in this area, he felt that a rate increase to help offset this shortfall would not be prudent. However, the staff is looking at ways in which the city can cut cost internally. Proposed is the elimination of "stand -by" personnel which would be done by rearranging existing personnel. This would allow for two operators to be on duty at the sewer plant, one of which could respond to water breaks, sewer stop -ups, etc., therefore, eliminating overtime pay. Mr. McDaniel went on to explain that, since this reorganization of personnel would leave only one meter reader to read meters for the entire city, also being proposed is a bi- monthly billing system. This bi- monthly billing system would enable one man to read meters for the entire city with citizens only receiving a bill once every two months. The City Manager concluded the presentation stating that he, and the staff, feels that cost can be cut considerably by implementing this proposal. Mayor Nagel commented that he had no objections to the proposal and also commented that he felt once the water customers became accustomed to the new billing system, they would have no objections either. After a full discussion of the bi- monthly water billing proposal, a motion was made by Councilman Bourque and seconded by Councilman Doornbos to implement the bi- monthly billing proposal as presented by the City Manager and staff. All Voted Aye. Mayor Nagel then called for questions and /or comments regarding the monthly bills as presented by the Treasurer. There being no questions and /or comments regarding the monthly bills, a motion was made by Councilman LeBlanc and seconded by Mayor Nagel to authorize payment of the bills for the month of May. All Voted Aye. Minutes Continued, June 14, 1988 Mayor Nagel called a recess in the regular meeting at 3:20 p.m. in order to conduct an Executive Session relating to personnel matters. The regular meeting was reconvened at 4:10 p.m. by Mayor Nagel. Mayor Nagel announced that a personnel matter was discussed but no action by the Council was necessary. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Doornbos asked for an update on the Oak Creek Manufacturing Company situation. The City Manager reported that there has been no new complaints registered by the neighbors. Mayor Nagel added that he understands Oak Creek Manufacturing is still negotiating with a bakery company for use of their vacated building in Port Arthur. 2. Councilman Bourque commended the Director of Public Works and staff on the progress of the street program. Howard McDaniel, City Manager, presented the Council with an overview of the proposed 1988 -89 Annual Budget paying particular attention to the highlights of the proposed budget. Among those provisions of interest were a 4%, one -time, employee pay raise with no increase in benefits; a $100 per year per employee ' raise to the hospitalization and health insurance deductible provided by the City due to an increase in the deductible from $250 to $350; the anticipated bi- monthly water billing proposal; the elimination of funds provided to the Heritage Festival and Summer Recreation Program which will cut cost by approxi- mately $34,000 per year; the elimination of one permanent position in the Parks Department (staff will not be replacing the position vacated by an employee who took disability retirement but plans to hire temporary workers during the summer months as needed); and the closing of the Library to the public on Tuesday mornings so that the staff may utilize this time in order to take care of clerical work (the Library will be open to the public from 2:00 p.m. until 6:00 p.m. on Tuesdays). The City Manager then pointed out objectives to be met by each individual department. Mr. McDaniel concluded the budget overview by stating that this proposal was aimed at keeping cost down without sacrificing the quality of services to our citizens yet still providing for a pay increase for City employees. Mayor Nagel asked the Council to study the budget worksheets provided by the staff until the next Council meeting at which time any questions and /or comments will be discussed. Mr. McDaniel reminded the Council that in accordance with the City Charter a final proposed budget must be submitted for approval by the Council by July 15. There being no further business, the meeting adjourned at 4:55 P.M. ATTEST: ,;,< 4 --gE: Q 0 4 Homer E. Nagel, Mayor City of Nederland, Texas Chris Serres, City Secretary City of Nederland, Texas 0 03 84 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. June 28, 1988 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 Michael R. Bourque and Councilman Billy W. Doornbos. Councilman Carl N. "Cropo" LeBlanc was absent. Mayor Nagel called for any corrections and /or additions to the minutes of the June 14 meeting. A motion was made by Counilman Bourque and seconded by Councilman Doornbos to approve the minutes of the June 14 meeting as written. All Voted Aye. Mr. Simpson, of 2220 Avenue N, presented the Council with a petition signed by 34 residents of Allan Meadow Subdivision. The residents requested the Council to take action to deter speeding through this subdivision, particularly on South 23 Street and Avenue N. After considerable discussion, a motion was made by Mayor Nagel and seconded by Councilman Doornbos to have the Police Department make a study relative to the speeding in Allan Meadow Subdivision. Chief Neal was instructed to report back to the Council with a viable solution to this problem before the July 12 Council meeting. All Voted Aye. ' In accordance with the City Charter, Mayor Nagel announced the appointees to serve as City Officials from July 1, 1988 to June 30, 1989 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; Richard Hughes, City Judge; and W. E. Sanderson, City Attorney. Mayor Nagel then announced appointees to serve as Emergency Management Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Emergency Management Coordinator and Billy Neal, Assistant Coordinator. A motion was made by Mayor, -Nagel and seconded by Councilman Sawyer to approve the appointees to serve as City Officials and Emergency Management Officials from July 1, 1988 to June 30, 1989 as presented by Mayor Nagel. All Voted Aye. Mayor Nagel announced appointees to the Planning and Zoning Commission as follows: Melvin Moss, Bill Quick, Rebecca Caddy, Joe Sudela and C. J. Schexnaider. He then announced appointees to the Zoning Board of Appeals as follows: Dallas Broussard, Paul Smith, Guy G. Barlow, Sr., Steve Robinson and Joan Edwards. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the appointees to the Planning and Zoning Commission and the Zoning Board of Appeals as presented by Mayor Nagel, with each appointee serving a two -year term. All Voted Aye. Howard McDaniel, City Manager, recommended that the request to approve an agreement between d.p. Consulting Engineers and the City of Nederland for ongoing wastewater collection analysis be tabled at this time. He went on to explain that there are several sections of the agreement that need to be clarified. Mr. McDaniel added that he would bring this item back before the Council at the next Council meeting. Minutes VonLlnuea, June L6, lyoo 85 A motion was made by Councilman Bourque and seconded by Councilman Sawyer to table approving the agreement between d.p. Consulting Engineers and the City of Nederland for ongoing wastewater analysis as recommended by the City Manager. All Voted Aye. Howard McDaniel, City Manager, brought the Council up -to -date on the City's Employee Assistance Program that was implemented last year with Beaumont Neurological Hospital. He reported that, to -date, eight city employees have taken advantage of this program. Mr. McDaniel added that the cost to the City will be $1800, with each employee and /or employee's family member being allowed up to five visits. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to authorize the renewal of the contract between Beaumont Neurological Hospital and the City of Nederland relative to the City's Employee Assistance Program. All Voted Aye. The City Manager informed the Council that Mayor Nagel has been asked to serve on the Texas Political Subdivision Board of Trustees of the Worker's Compensation Fund. He went on to explain that this political subdivision is comprised of over 100 entities with 12 members serving on the Board of Directors and that Nederland is very honored that Mayor Nagel has been asked to serve on this Board. Mr. Mc- Daniel further explained that the City of Nederland implemented a Safety Program several years ago which has resulted in a drastic improvement in the City's experience with the Worker's Compensation Fund and that he feels this is the reason for Mayor Nagel's appointment to this Board. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the appointment of Mayor Nagel to the Texas Political Subdivision Board of Trustees of the Worker's Compensation Fund. All Voted Aye. Howard McDaniel, City Manager, informed the Council that Novrozsky's Hamburgers, Etc. has made application for on- premise consumption of alcoholic beverages and that this Company has been investigated by the Police Department and is in compliance with the City's alcoholic Beverage Ordinance No. 70. He then recommended approval of this application. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Novrozsky's Hamburges, Etc.'s application for on- premise consumption of alcoholic beverages contingent upon that business being approved by the State. All Voted Aye. There being no legal or personnel matters to be discussed, a motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session. All Voted Aye. Discussion Items: 1. Councilman Doornbos reported on the Oak Creek Manufacturing Company situation stating that the Air Quality Control Board has given this Company until July 5 to cease operations of the lacquer portion of their business. 2. Councilman Doornbos also reported that the complaint filed in Municipal Court against the property of Morgan Eugene Bright relative to high weeds will be refiled at a later date due to the fact that there are questions concerning legal ownership of this property. Minutes,Continued, June 28, 1988 3. Howard McDaniel, City Manager, reported that he received notification from Sun Marine Terminals, Inc. that they have applied to the Railroad Commission of Texas for a permit to develop and operate a landfarm to dispose of crude oil wastes on a 70 -acre site adjacent to City -owned property. 4. Howard McDaniel, City Manager, informed the Council that, at the request of several Councilmembers, some changes were made to the proposed 1988 -89 budget. He then presented the Council with an overview of the changes made as follows: the $53,000 initially proposed to be transferred from general fund to the water fund will not be transferred, but, to offset the shortfall in the water fund, a $1.00 rate increase in each of the water and sewer rates will be implements along with a bi- monthly billing system; the programs proposed to be cut from the 1988 -89 budget will be reinstated; and a $2,500 per year donation to SET, Inc. will be incorporated into the budget. Mr. McDaniel explained that the $1.00 rate increase in each of the water and sewer rates will not only offset the shortfall in the water fund but will also cover expenses of the collection system analysis. Mr. McDaniel concluded the overview stating that, if there are no objections, the budget will be prepared as presented. 5. Mr. McDaniel, City Manager, then informed the Council that, although the proposed budget will be presented to the Council at the next Council meeting, the staff will have to present an amended budget as soon as the cost of closing the landfill can be ascertained. There being no further business, the meeting was adjourned by Mayor Nagel at 8:00 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: r Chris Serres City Secretary City of Nederland, Texas 1 M64 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. July 12, 1988 The meeting was called to order by Mayor Homer E. Nagel on July 12, 1988 at 3:00 p.m. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for corrections and /or additions to the minutes of the June 28, 1988 meeting. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the minutes of the June 28, 1988 meeting as written. All Voted Aye. Chief Neal reported to the Council that, relative to complaints registered by residents of Allan Meadow Subdivision, a traffic study was conducted in that subdivision. The study revealed the need for "four -way stop" signs to be placed at the intersection of South 21st Street and Avenue N, "stop sign ahead" signs on South 17th Street and South 23rd Street and the need for radar enforcement as often as practicable. He then recommended amending Ordinance No. 107 placing "four -way stop" signs and "stop sign ahead" signs at the aforementioned intersec- t tions and streets respectively. Howard McDaniel then read the proposed amendment to Ordinance 107. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to approve the amendment to Ordinance No. 107 as read. All Voted Aye. Howard McDaniel, City Manager, presented the revised budget work papers to the Council. Changes discussed during the last Council work session were reflected in these work papers. Mr. McDaniel then highlighted objectives to be met during the 1988 -1989 fiscal year and read the resolution accepting the budget and setting a public hearing for 6:30 p.m., August 9, 1988. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to approve the Resolution accepting the budget for the 1988 -89 fiscal year and setting a public hearing for 6:30 p.m., August 9, 1988. All Voted Aye. Howard McDaniel, City Manager, recommended payment of Estimate No. 1 to S.S.P.C., Inc. in the amount of $19,049.00 for work completed, to -date, on the Canal Avenue water tank. He added that the work has been inspected and does meet specifications required. A motion was made by Councilman Bourque and seconded by Mayor Nagel to authorize payment of Estimate No. 1 in the amount of $19,049.00 to S.S.P.C., Inc. for work completed on the Canal Avenue water tank. All Voted Aye. Howard McDaniel, City Manager, recommended payment of Estimate No. 1 in the amount of $80,352.87 to Clark Construction Company for work performed relative to the street overlay program. Mr. McDaniel added that work performed thus far has been inspected by the City Engineer and Inspector and does meet specifications. Minutes Continued, July 12, 1968 A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to authori26 payment of Estimate No. 1 in the amount of $80,352.87 to Clark Construc- tion Company for work performed relative to the street overlay program. All Voted Aye. Howard McDaniel recommended payment to Butler and Casstevens in the amount of $732.70 which represents the City of Nederland's apportionment of billings in the Gulf States Utilities rate case. A motion was made by Councilman Bourque and seconded by Mayor Nagel to authorize payment in the amount of $732.70 to Butler and Casstevens for work performed relative to the Gulf States Utilities Company rate case. All Voted Aye. Howard McDaniel, City Manager, stated that the request for approval of Resolution 1988 -8 was customary for reimbursement of expenses incurred by Butler and Casstevens relative to the Gulf States Utilities rate case. He then read the caption of Resolution 1988 -8. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve Resolution 1988 -8 declaring City- incurred expenses of Butler and Casstevens reasonable and reimbursable by Gulf States Utilities Company. All Voted Aye. Howard McDaniel, City Manager, reported that the City Attorney reviewed the language of the agreement presented by d.p. Consulting Engineers for the on- going wastewater analysis and recommended approval of the agreement. Mr. Mc- Daniel added that d.p. Consulting Engineers will be the primary engineers with Jones and Neuse being the subcontractors on the project. A motion was made by Councilman Bourque and seconded by Mayor Nagel to approve ' the agreement between d.p. Consulting Engineers and the City of Nederland for an ongoing wastewater collection system analysis. All Voted Aye. Mayor Nagel asked for questions and /or comments concerning the payment of the bills as presented by the City Treasurer. Following a brief question and answer period, a motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize payment of the bills for the month of June as presented by the City Treasurer. All Voted Aye. There being no legal or personnel matters to be discussed, a motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. Discussion Items: 1. Councilman Doornbos questioned the responsibility of overlaying Canal Avenue from 27th Street towards Hwy. 69. The City Manager informed Councilman Doornbos that the section in question is the County's responsibility. 2. Howard McDaniel informed the Council that the Planning and Zoning Commission will meet Monday, June 18, 1988 at 7:00 p.m. to discuss the revision of the Planning and Zoning Ordinance as it relates to emissions into the air. He added that this revision was prompted by the Oak Creek Manufacturing Company situation. manures uonrinuea, July iz, iyao 89 3. Howard McDaniel reminded the Council that the T.M.L. Region 16 meeting will be held in Livingston, Thursday, July 21, 1988 at 7:30 p.m. One topic of discussion is a resolution which will be proposed to the T.M.L. Resolutions Committee at the annual conference in Dallas. This resolution proposes to raise the cost of the engineering project that requires an engineers' stamp from $3,000 to $25,000. Mr. McDaniel added that he felt the City should support this effort. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 4:10 p.m. ATTEST: r �iA Chris Serre , City Secretary City of Nederland, Texas 1 le :���o omer E. Nagel, Mayor City of Nederland, Texas 90 AN AMENDMENT TO ORDINANC NO. 107 AN ORDINANCE AMENDING ORDINANCE : . 107, WHICH REGU- LATES 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 regulation requiring signs. NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: Section 1: STOP SIGNS The intersection at South 21st Street and Avenue N shall be designated as a "4 —way stop intersection ". Stop signs shall be erected at all four corners. All vehicles must come to a complete stop before entering the intersection. Section 2: PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section 3: REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 12th day of July, 1988. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 6°Uu� L6� Chris Serres, City Secretary City of Nederland, Texas Oro, APPROVED S TO FORM AND LEGALITY: Sanderson; City Attorney City of Nederland, Texas L 1 1 RESOLUTION 1988 -9 9 1 A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUB- MITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 1988 AND ENDING SEPTEMBER 30, 1989. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City depart- ment activities and offices for the Fiscal Year beginning October 1., 1988 and ending September 30, 1989, 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 NEDERLAN'D, TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 6:30 p.m. August 9, 1988, 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 12th day of July, A.D., 1988. Homer E. Nagel, Mayor c City of Nederland, Texas ATTEST: �l V�a✓ �• v Chris Serres, City Secretary City of Nederland, Texas COO,- CITY OF NEDERLAND RESOLUTION NO. 1988 -8 A RESOLUTION APPROVING BILLS OF BUTLER AND CASSTEVENS, ATTORNEYS, IN GULF STATES UTILI- TIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 7195. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of Butler and Casstevens, Attorneys, is marked Exhibit "A" and attached hereto and is hereby approved and found to be reasonable and for necessary services to the City of Nederland with respect to the Gulf States Utilities' rate application including Public Utility Commission Docket No. 7195. SECTION 2: That claim for reimbursement shall be presented to Gulf States Utilities Company in the amount thereof, under authority of the Public Utility Regulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City , Council of the City of Nederland, held on the 12th day of July, 1988. ATTEST: U4 Chris Serres, City Secretary City of Nederland, Texas APPROVED S TO 0 R AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas �r C 7 Homer E. Nagel, Mayor City of Nederland, Texas EXHIBIT "A" Butler & Casstevens $732.70 1 93 94 ; REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 26, 1988 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on July 26, 1988. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael Ray Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any additions and /or corrections to the minutes of the July 12, 1988 meeting. There being no additions and /or corrections to the minutes of the July 12, 1988 meeting, a motion was made by Councilman Doornbos and seconded by Councilman Bourque to approve the minutes of the July 12, 1988 meeting as written. All Voted Aye. Mayor Nagel presented Chantal Dahiez with a Proclamation declaring July 26, 1988 "Chantal Dahiez Day" in the City of Nederland and urging the citizens of Nederland to welcome her during her visit to Nederland, Texas. Ms. Dahiez is a foreign exchange student visiting Nederland from France. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to approve I the Proclamation declaring July 26, 1988 "Chantal Dahiez Day" in the City of Nederland. All Voted Aye. Mayor Nagel read a proclamation declaring the month of August "National Association of Letter Carriers' Month ". Mayor Nagel explained that, every Saturday during the month of August, letter carriers take up collections for the Muscular Dystrophy Association and he urged every citizen of our city to recognize the letter carriers for their loyalty, dedication and continued support of M.D.A. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve the Proclamation declaring August, 1988 "National Association of Letter Carriers' Month" in the City of Nederland. All Voted Aye. Received comments from Mr. Tony James relative to changing the name of either North 3rd Street or 3rd Street. He explained that, with the similarity in street names, there is quite a bit of confusion to the utility companies, repairmen, mail, etc. and asked the Council to consider changing the name of one of the streets. The City Manager informed the Council that the staff has investigated the situation and recommends changing the name of North 3rd Street to 2} Street. After a full discussion, a motion was made by Mayor Nagel and seconded by Council- man LeBlanc to accept Mr. James' comments relative to changing the name of either North 3rd Street or 3rd Street and to have Mr. James petition residents of North 3rd Street concerning this matter. The item will be placed on the agenda for formal action after the residents have been petitioned. All Voted Aye. Minutes continued, July Zb, lybb Howard McDaniel, City Manager, informed the Council that the staff is prepared to begin accepting applications for the annual driveway program and recommended authorization to advertise the 1988 Driveway Program. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to authorize the 1988 driveway program and to authorize advertisement of this program. All Voted Aye. The City Manager informed the Council that the Planning and Zoning Commission met July 18 for the purpose of reviewing preliminary and final plats of Forest Central One, Phase III and Highland North Estates Unit V, Phase I and the preliminary plat for Christina Court, Section III (Developers - John Morrison and George Newsome, Jerry Braxton, and Bill Christian, respectively). Mr. Mc- Daniel stated that the City has worked with each of these developers in the past and the Planning and Zoning Commission is recommending approval of all three plats. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve the preliminary and final plat of Forest Central One, Phase III, as recommended by the Planning and Zoning Commission. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve the preliminary and final plat of Highland North Estates Unit V, Phase I, as recommended by the Planning and Zoning Commission. All Voted Aye. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve the preliminary plat of Christina Court, Section III, as recommended by the Planning and Zoning Commission. All Voted Aye. 'Howard McDaniel, City Manager, informed the Council that Mr. Will Wilson is requesting the City to close a 3' portion of an easement located in Helena Park Section IV. He explained that the reason for the request is that Mr. Wilson is wanting to put in a swimming pool and it will be necessary to encroach the easement to do so. We have received letters from the other utility companies stating that there are no utilities located in this easement and that they have no objections to closing a 3' portion of this easement. Mr. McDaniel stated that the City has no objections to closing this 3' portion of the easement. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve Ordinance No. 393 vacating and relinquishing a 3' portion of a 10' ease- ment along the rear of Lot 16, Block 13, Helena Park Section IV and to approve a quitclaim deed releasing same. All Voted Aye. The City Manager informed the Council that both the Inspector and the Public Works Director have inspected work performed by Clark Construction Company relative to the street overlay program and final payment is in order. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment of Estimate No. 2 and Final in the amount of $83,399.84 to Clark Construc- tion Company for work performed relative to the street overlay program. All Voted Aye. The City Manager informed the Council that the request for payment in the amount of $425.00 to Moore, Landrey, Garth and Jones is being recommended for approval. Mr. McDaniel added that this payment if for legal services rendered, to date, in connection with G. R. Grier vs. City of Nederland (wastewater treatment plant). . e -Y y V Mlnutes*- ,Lontlnuea, July Lb, 1966 A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to authorize payment in the amount of $425.00 to Moore, Landrey, Garth and Jones for legal services rendered relative to G. R. Grier vs. City of Nederland (wastewater treatment plant). All Voted Aye. Mr. McDaniel, City Manager, informed the Council that he received a letter from Mr. & Mrs. LaBove requesting that the "stop ahead" sign be removed from their yard. Mr. McDaniel went on to explain that the sign was erected at the request of 34 residents who petitioned the Council regarding the traffic problem in Allan Meadow Subdivision. The citizens specifically asked for "stop ahead" as well as "stop" signs to be placed in their subdivision to help alleviate the speeding through this subdivision. After a full discussion, a motion was made by Mayor Nagel and seconded by Council- man Bouruqe to recognize and accept the letter received from Mr. and Mrs. LaBove of 2212 Avenue L and to leave the sign erected for a couple of months. At that time, another investigation will be made to see whether or not it would be feasible to remove the sign. All Voted Aye. There being no legal or personnel matters, a motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. There being no further business, the meeting adjourned at 7:40 p.m. Homer E. Nagel, Mayor City of Nederland, Texas , ATTEST: Chris Serreh., City Secretary City of Nederland, Texas J 1 1 Office of 11110 nuor AHomeA E. Naget , dy virtue oll4e aullorily vested in me a5 111jayor of 14e City ity of /�e�erlaItJ, _texas, do leerely Proc[ai►i Juty 26, 1988 .fits "Chantat Dahi.ez Day" ill 11te City of IJ eder[and, .Jexad, aid urge eac4 and every C, ilizen of our City to make every ebson,t to heeogni.ze ChantaZ Dah, ez and make heA SeeE weCeome duAi.ng hen v.i.6it to NedeA and, Tex". Jttlestintoitg w1teereol, tvil►tess nt y Ita►td and Seal City of llie City o f /leder[a►td this t�te 26th da y of Jut y, 1988 , ,4.2. Attest: S /CHRIS SERRES city secretary SS /HOMER E. NAGEL 971 a y o r ///J //// c7 Lily of //eder[attd, _texas 97 V 0 ffice of ilje ► lauOr J, Home& E. Nage4 , by virtue o11he aut�tority ve3ted / iu rite as III'layor of t�te City of i/eder[and, Jexad, C/o �terely QQ Proclaint Augu6t, 1988 "Nati.onat Abeoci.ati.on o6 Letters Ca4Ai.eu' Month ' ;,I flte City of ie cler[ and, Jexad, aaJ urge each anal every Ctizen of our (/it y to hecognize the Nation. Ab.aoei.aii.on ob Lette r CaAAiVL6 bon .theist toya2ty, dedication and continuing duppo2t o6 MDA. -91, l estiitto//tty tvlt/e/reo/l tvitness My land aitcl seat of the City o f /lecler��t]]accic/ 14is l4e 26th daV of Ju.ty, 1988 , ,t.2. .�ftest: cit6 secretary i c /��a y o r // //� // C7 City of //eder[ati , ,texas 99 ORDINANCE NO. 393 AN ORDINANCE CLOSING, ABANDONING, VACATION AND RELINQUISH- ING A PORTION OF A TEN FOOT (10') EASEMENT BEING THE NORTHERLY THREE FEET (3') OF THE TEN FOOT (10') WIDE UTILITY EASEMENT ALONG THE REAR OF LOT 16, BLOCK 13, HELENA PARK SECTION FOUR, NEDERLAND, JEFFERSON COUNTY, TEXAS; AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, under Vernon's Annotated Civil Statutes, Article 1175, Section 18 and Article XIV, Section 14.01 of the Charter of the City of Neder- land, the City has the power to vacate, abandon and close street, public road right -of -ways, alleys and easements; and, WHEREAS, the public utility easement described in Section 1 hereof, lies wholly within the city limits of the City of Nederland, a Home Rule City in Jefferson County, Texas, and that portion of said public utility easement is situated in the Northern three feet (3') of the ten foot (10') utility easement along the rear of Lot 16, Block 13, Helena Park Section Four, Nederland, Jefferson ' County, Texas. WHEREAS, there are no utilities located in the Northerly three feet (3') hereinafter described in said easement and it appears that Gulf States Utilities Company, Southwestern Bell Telephone Company, Southern Union Gas Company, TCI Cablevision of Texas, and the City of Nederland has no present or planned use of the Northerly three feet (3') of said easement, and it is considered that it would be to the best interest of the public and the public welfare to close, abandon and vacate a portion of said easement as to all rights and interest of the City of Nederland therein; and, WHEREAS, the Northerly three feet (3') of the ten foot (10') utility easement across the rear of Lot 16, Block 13, Helena Park Section Four shall be closed, vacated and abandoned, but the remaining portion of said ten foot (10') easement will remain open for use by the City of Nederland, Gulf States Utilities Company, Southwestern Bell Telephone Company, Southern Union Gas Company and TCI Cablevision of Texas; 1a � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O� F U l NEDERLAND: O Section 1. That the following described portion of a public utility easement in the City of Nederland be, and the same is hereby closed, abanboned and vacated as to all rights and interest of the City of Nederland therein; Closure of a portion of a ten foot (10') wide utility easement in Lot 16, Block 13, Helena Park Section Four as shown on the plat of said addition recorded in Volume 11, Page 27, of the Map Records of Jefferson County, Texas, as a ten foot (10') utility ease- ment across the rear of said lot. Said portion of easement to be closed being more particularly described as follows: BEING a tract of land out of Lot 16, Block 13, HELENA PARK SECTION FOUR, as the same appears upon the map or plat thereof, on file and of record in Volume 11, Page 27, Map Records of Jefferson County, Texas, said tract of land being more particularly described as follows, to —wit: COMMENCING at the most Southerly corner of said Lot 16, thence North 48 deg. 47 min. West 7.00 feet to POINT OF BEGINNING of the tract described herein; THENCE continuing North 48 deg. 47 min. West 3.00 feet to point for corner; THENCE North 41 deg. 19 min. East 80.00 feet to point for corner; THENCE South 48 deg. East 3.00 feet to point for corner; ' THENCE South 41 deg. 19 min. West 80.00 feet to the POINT OF BEGINNING, and also being described as the Northerly 3.00 feet of that certain 10 foot utility easement shown on the rear of said Lot 16 on the map or plat of HELENA PARK SECTION FOUR. Section 2. The Mayor is hereby authorized to execute a quitclaim deed to the adjoining property owners, William P. Wilson and Luanna H. Wilson, with reference to the easement abandoned. Section 3. This being an ordinance not requiring publication, it shall become effective from and after its passage. READ, APPROVED AND ADOPTED THIS 26 day of July, 1988, at a regular meeting of the City Council of the City of Nederland, Texas, by the following vote: AYES: Mayor Homer E. Nagel Councilman R. D. Sawyer Councilman C. N. LeBlanc Councilman M. R. Bourque Councilman B. W. Doornbos NOES: S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas n 1 01 1 1 0," 2 S /HOMER E. NAGEL o./ Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 1 1031 QUITCLAIM DEED STATE OF TEXAS § COUNTY OF JEFFERSON § That the City of Nederland, a Municipal Corporation duly incorporated under and by virtue of the Constitution and Laws of the State of Texas and domiciled in Jefferson County, Texas, for and i consideration of the sum of Ten and 00 /100 ($10.00) Dollars, receipt of which is hereby acknowledged and confessed, acting by and through its Mayor, Homer Nagel, heretofore duly authorized, and by these presents does sell, release and forever quitclaim unto William P. Wilson and Luanna H. Wilson all rights, title interest, claim and demand in and to that certain tract or parcel of land lying and being situated in Jefferson County, Texas, and being more particularly described as follows: BEING a tract of land out and a part of Lot 16, Block 13, of HELENA PARK SECTION FOUR, as the same appears upon the map of plat thereof, on file and of record in Volume 11, Page 27, Map Records of Jefferson County, Texas, said tract being more fully described 'by metes and bounds as follows: COMMENCING at the most Southerly corner of said Lot 16, thence North 48 deg. 47 min. West 7.00 feet to the POINT OF BEGINNING of the tract described herein; THENCE continuing North 48 deg. 47 min. West 3.00 feet to point for corner; THENCE North 41 deg. 19 min. East 80.00 feet to point for corner; THENCE South 48 deg. 47 min. East 3.00 feet to point for corner; THENCE South 41 deg. 19 min. West 80.00 feet to the POINT OF BEGINNING, and also being described as the Northerly 3.00 feet of that certain 10 foot utility easement shown on the rear of said Lot 16 on the map or plat of HELENA PARK SECTION FOUR. TO HAVE AND TO HOLD, the above released rights, titles, interest, claims and demands, hereinabove described, together with all and singular the rights and appurtenances thereto in anywise belonging unto siad Grantee so that the City of Nederland nor its successors and assigns, shall at anytime hereafter have or claim any rights, title or interest in and to said premises or any part thereof. EXECUTIVED THIS 26 day of July , 1988. 0, /1.: ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas S /HOMER E. NAGEL Homer E. Nagel, Mayor O City of Nederland, Texas 1 1 City of Nederland CONSTRUCTION ESTIMATE F =timate Period M I"'- v 1 1988 to July 18 19 88 (On 1st estimate and final estimate use actual work dates) or Clark Construction Co. (Contractor) 00�o � � Estimate No. 2nd & Final 1 ITEM Unit of Measure Project Est. Quant. I Tot. Work Done on Contr. (Contract Price AMOUNT 1 3/4" Hot Mix As h. Conc. Pvt. C. Y. 2911. 2898.278 56.50 163,752-71 I I I APPROVED: ector Date Public works Director Date Total Amount of Work Done. . . Less Retainage . . . . . . . . Difference . , , , . . . . . . Less Special Deductions. . . . Less Liquidated Damage • . . . Less Previous :'ayments . . . . $ 163,752.71 $ - - - -- $ - - - -- $ ----- $ 80,352.87 A70— Amount Due this Estimate . . . $ 83,399.84 rayor Date 1 06 J.— M. M.00wc RAr M. Maowc FLOYO A LAacwcv T—R— L. GAwrw BwA_ aCICS. JR. GE.R.t SLAactrw. JR. Jar+ B. BURMEISTER * T.._ E K.-I.I.— KCwWIN B. Szo r.c L— M. Bwcowlzz. LL. M ** L YEA T. nr Ew rz H. SARetwsoH -4 MOORE, LANDREY, GARTH & TJONES ATTORNEYS AT LAW L .— P.Aw C-L.. S. 1900 2e5 Let BEAUMONT, TEXAS 77701 City of Nederland P. 0. Box 967 Nederland, TX 77627 Attn: Mr. McKinney F.....09 / 835-3691 TtLtcorlcw .09 / 835 27 * Bcwwa CERTIFIED 1. C.—L TRIAL LA AND P .... — Ie. — TRIAL LAW ** Ba... CEwrlrlta - TA. LA-,, T E_ .. :ALIr ... nA E.... CERTIFIED I. FAn1LY LAW. CAL-01111 July 1, 1988 O p A. U, IN ACCOUNT WITH MOORE, LANDREY, GARTH & JONES (KBS) For legal services rendered from February 1, 1988 through June 30, 1988, including the following: 2/4/88 Telephone conference with Plaintiff's attorney, re: document production and discovery; telephone conference with city's ' attorney; letter to client, re: status 2/10/88 Telephone conference with City Attorney, re: engineer's liability 2/29/88 Receipt and review SW Lab's discovery responses 4/20/88 Telephone conference with Plaintiff's attorney, re: discovery and experts 5/11/88 Telephone conference with Plaintiff's attorney, City attorney 5/16/88 Telephone conference with City Attorney, re: meetings 5/26/88 Telephone conferences with Grier's attorney, client 6/27/88 Telephone conference with Plaintiff's attorney, re: settlement FEE ....................... ........................$425.00 87 -2389 KBS /cl 1 071 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 9, 1988 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on August 9, 1988. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the July 26, 1988 meeting. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the July 26, 1988 meeting as written. All Voted Aye. Mayor Nagel read a Proclamation declaring August 9, 1988 as "Lights On, Crime Out Day" in the City of Nederland, Texas and urged the citizens of our City to leave their outside lights on in an effort to heighten crime prevention awareness; generate support for, and participation in, local anticrime programs; strengthen neighborhood involvement and spirit in the crime prevention campaign; and send a message to the criminals. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos ' to approve the Proclamation declaring August 9, 1988 as "Lights On, Crime Out Day" in the City of Nederland, Texas. All Voted Aye. Mayor Nagel called a Public Hearing to order at 6:35 p.m. for the purpose of receiving questions and /or comments relative to the proposed City of Nederland Budget for the fiscal year beginning October 1, 1988 and ending September 30, 1989. Mayor Nagel then called on Howard McDaniel, City Manager, to present an overview of the proposed budget. Howard McDaniel, City Manager, presented an overview of the budget highlights stating that the major expenditure in this year's budget is the general fund debt requirement which stands at $1,362,000. Among the other provisions in the proposed budget are the continuation of the street rehabilitation and overlay programs - $241,800; a 4%, one -time, employee pay raise with no increase in benefits; a $100 per year employee raise to the hospitalization and health insurance deductible provided by the City due to an increase in the deductible from $250 to $350; and replacement of equipment that is necessary for the efficient operation and delivery of City services (two dump trucks and a road maintainer for the Street Department; one garbage truck and one trash truck for the Garbage Department, one car for the Police Department, and a one - ton utility truck for the Water and Sewer Department). Mr. McDaniel then stated that due to new Environmental Protection Agency regulations, the City is required to develop an ongoing wastewater collection system analysis and improvement program and that money has been allocated for this program. Also, due to a shortfall in water department funds, the water and sewer rates have been increased by $1.00 along with a $.Ol increase in the Central Dispatch fund which will cost the City of Nederland $2,022. Mr. McDaniel then added that the State mandated closure of the solid waste landfill will require an additional service charge for garbage disposal. However, the staff will not be able to oMinutes Continued, August 9, 1988 determine a service charge until after September 1. Feasibility studies will not be completed until this time and will necessitate a budget amendment. Mayor Nagel called for any questions and /or comments relative to the budget overview presented by the City Manager. There being no questions and /or comments, Mayor Nagel adjourned the Public Hearing at 6:50 p.m. Howard McDaniel, City Manager, informed the Council that the 1988 appraisal roll has been certified by the Jefferson County Appraisal District and that as a housekeeping item, the roll must be approved by the governing body. He then added that the 1988 taxable value for the City of Nederland is $322,401,060. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to approve the 1988 appraisal roll in the amount of $322,401,060 as certified by the Jefferson County Appraisal District. All Voted Aye. A motion was then made by Councilman Sawyer and seconded by Councilman LeBlanc to adopt a tax rate of $.62 per $100 valuation for the fiscal year beginning October 1, 1988 and ending September 30, 1989. All Voted Aye. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to adopt the 1988 -89 budget as presented and to approve Ordinance No. 392 levying taxes for the use and support of the municipal government of the City of Nederland and providing for the interest and sinking funds for the 1988 -89 fiscal year. All Voted Aye. The City Manager reminded the Council that the appointment of an auditor is a ' housekeeping item performed at this time each year and that the staff is recommending the appointment of Mr. Everett Browning as City Auditor for the 1987 -88 fiscal year. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to appoint Mr. Everett Browning as City Auditor for the 1987 -88 fiscal year. All Voted Aye. Howard McDaniel, City Manager, recommended payment of Estimate No. 2 in the amount of $11,952.00 to S.S.P.C., Inc. stating that Mr. Don Reichle, Engineer, has inspected the project and indicated that they have successfully completed 58% of the project. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize payment of Estimate No. 2 in the amount of $11,952.00 to S.S.P.C., Inc. for work performed on the elevated water tank on Canal Avenue. All Voted Aye. Howard McDaniel, City Manager, informed the Council that there have been some difficulties in dealing with our present delinquent tax attorney by long- distance telephone calls and that there are now some local firms available to handle the City's needs relative to this matter. He stated that proposals have been received by two local law firms and that the staff is recommending the termination of the contract between Dexter Joyner and the City of Nederland and is asking for the approval to enter into a contract with the law firm of Provost, Sheldon, Steele and Hughes for the collection of delinquent taxes. Minutes uontinuea, August 7, iyobd y 1 A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to authorize the termination of the contract between Dexter Joyner and the City of Nederland for the colelction of delinquent taxes. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize the City of Nederland to enter into a contract with the law firm of Provost, Sheldon, Steele and Hughes for the collection of delinquent taxes. All Voted Aye. The City Manager stated that the request for the Nederland Police Department to escort Nederland High School buses to out -of -town football games is an annual item on the agenda. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to authorize the Nederland Police Department to escort Nederland High School buses to out -of- town football games. All Voted Aye. Mayor Nagel called for any questions and /or comments concerning the payment of the bills as presented by the Treasurer. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to authorize payment of the bills for the month of July as presented by the Treasurer. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. Discussion Items: 1. Councilman Doornbos reported high weed @ 36th Street and Gary Avenue. 2. The City Manager reported that he received a letter from a resident in Allan Meadow Subdivision requesting a stop sign to be placed @ 21st and Avenue L. He stated that an investigation has been made relative to this request and the investigation revealed no justification for placing a stop sign at this intersection. 3. Mr. Rothrock reported that a concrete street marker had been pulled up @ 10th Street and Helena Avenue. There being no further business, the meeting adjourned at 7:20 p.m. 'Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: uvp,fx�' Chris Serres, City Secretary City of Nederland, Texas 11 V WNIC er file 4 Matior Homen E. Naget , by virtue of the aut{tority ve6tec ill file aj 91jayor o /the (amity 0/ i/e'I' all, 5exaj, 110 {tcrc�v f9roclaifit Augmt 9, 1988 /� O -,4e "Lights On, Chime Out Day" ill the City of Yjederfa,tcf, _Jexaj, a,tcl urge each anal every l itize,t of our (.,ill to heave .theik outside Zight6 on in an e66o4t to heighten clame puventon awahene6,6; genen.ate 6uppont boh, and pantic,i.pa- ti.on .in, .Focal antic&ime pug)Lame; 6tAeng.then neighboithood .involvement and apihit in the clime pneventi.on campaign; and wend a meseage to the cA m.inaiz . Jtt leitinto,tY tvlteereol witltedd ,n y Ita,tct and Seat of 11te City o f 77ecter[ald tftid 1/1, 9th ctaV o f Augu.6 t, 1988 , A. 2. /� / 1114 JM (amity Secretary 1 Wmor l,ilJ of n i11'eder[n anczl, 5exae [1 1 ORDINANCE N0. 392 OA AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE NIMNICIPAL GOVERNIIENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1988, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DELINQUENT TAXES; AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I That there is hereby levied and there shall be collected for the use and sup- port of the Muaicipal Government of the City of Nederland, Texas, and to pro- vide interest and sinking funds for the year Nineteen Hundred and Eighty - eight (1988) upon all property, real, personal and mixed within the corporate limits of the said City subject to taxation. A tax of sixty -two cents ($.62) of each one hundred dollars ($100.00) valuation of property, said tax being levied and apportioned to specific purposes Herein set forth: (a) For the maintenance and support of General Government (General Fund) 54.06% of each one dollar ($1.00) levied on the 1988 Tax Roll. (b) For purpose of paying interest and principal of the seven hundred seventy -five thousand dollar ($775,000.00) Water and Sewer Improvement Bonds, Series 1959, 1.55% of each one dollar ($1.00) levied on the 1988 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, 1.18% of each one dollar ($1.00) levied on the 1988 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, .44% each of one dollar ($1.00) levied on the 1988 Tax Roll. (e) For the purpose of paying interest and principal on the twenty thousand dollar ($20,000.00) Fire Station Bonds, Series 1962, .10% of each one dollar ($1.00) levied on the 1988 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, .81% of each one dollar ($1.00) levied on the 1988 Tax Roll. (g) For the purpose of paying interest and principal on the three hundred thousand dollar ($300,000.00) Street Improvement Bonds, Series 1963, .61% of each one dollar ($1.00) levied on the 1988 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, 1.99% of each one dollar ($1.00) levied on the 1988 Tax Roll. (i) For the purpose of paying interest and principal on the three hundred fifty thousand dollar ($350,000.00) Sewer Improvement Bonds, Series 1970, 1.11% of each one dollar ($1.00) levied on the 1988 Tax Roll. (j) For the purpose of paying interest and principal on the two hundred fifty thousand dollar ($250,000.00) Park Improvement Bonds, Series 1978, .92% of each one dollar (;1.00) levied on the 1988 Tax Roll. (k) 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, 7.24% of each one dollar ($1.00) levied on the 1988 Tax Roll. (1) For the purpose of paving interest and principal on the eight hundred fifty thousand dollar ($850,000.00) Park Improvement Bonds, Series 1980, 3.00% of each one dollar ($1.00) levied on the 1938 Tax Roll. (m) For the purpose of paying interest and principal on the one hundred thirty thousand dollar ($130,000.00) Library Improve- ment Bonds, Series 1980, .30% of each one dollar ($1.00) ' levied on the 1988 Tax Roll. (n) For the purpose of paying interest and principal on the one million twenty thousand dollar (1,020,000.00) Street Improve- ment Bonds, Series 1980, 3.45% of each one dollar ($1.00) levied on the 1980 Tax Roll. (o) For the purpose of paying interest and principal on the seven million forty seven thousand dollar ($7,047,000.00) Street and Sewer Bonds, Series 1986, 23.240 of each one dollar ($1.00) levied on the 1988 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 1988. SECTION 1II That the ad valorem taxes herein levied for the year 1983 shall become due January 1, 1989, though payable on the first day of October, 1988, and may be paid up to and including the following January 31, 1989, without penalty; but, if not paid such taxes shall become delinquent on the following day, February 1, 1989, and the following penalties shall be payable thereon to- wit: 1 1 11� G; If paid during the mouth of February, six percent (67); if paid during the month of .larch, seven percent (7i); if paid during the month of April, eight percent (8%); if paid during the month of May, nine percent (9i); if paid during V the month of June, ten percent (10 %); and if paid on or after the 1st day of July, 1988, twelve percent 12% penalty. Such unpaid taxes shall bear interest rate of 12o per annum from February 1, 1989, the same being the neat year succeeding the year 1988, and if paid on or after the 1st day of July, 1989, 12Z 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, 1989, and shall be paid and collected as provided in Section II and III hereof. PASSED AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL of the City of Nederland at its regular meeting of said Council this 9 day of August, 1988. ATTEST- S/CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORK: AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas SMOKER E. NAGEL Homer E. Nagel, Mavor City of Nederland, Texas: CITY OF NEDERLAND ` CANAL AVE. WATER TANK 1 1 CONTRAFT }: A. GROUP I REPAIRS ( 12935) _ COST I 0 1F'LETED At161INT 1. MOVE IN &SET UP 2. MAT'LS ON JOB ST 30'T $647 $388Li 10cl, 9O' �? E 3. INSTALLATION 60.rG $7761 4. CLEAN UP & MOVE OUT 5" $6=17 C+ SUE- TOTALS= 100" $12G -jr 5 6'° 24 S. CROUP II REPAIRS ($3200) 1. MOVE IN & SET UP ;,7 r 1 161 -1 2. MAT'LSONJOB 3(i ^. $9r ",ii LOCI ; ' }:9Elil 3. INSTALLATION 601 $19X1 100*?7 };i' ?2ii 4. CLEA6J UP &MOVE OUT ^:. $161-1 1 i0''' i. 1601 SUB - TOTAL''= 10i1m, $32pC1 1010•?2Oil C. CLEANING& PAINTINGOF INTERIORSURFACES ($19790) 1. MOVE IN & SET UP 5'". };' ?90 2. MAT'LS ON JOB 20 v $ •955 . _ 3. BLAST, NO. 1 & NO. 2 COAT 50 $9 =191 `0'.' '$4' ?46 4. NO. 3 COAT jr-:7 $2'ar 4 it 5. CURE & DISINFECT 5"� $:1 CICIO 0"? 6. CLEAN UP & MOVE OUT 9 cl i1'" SUB - TOTALS = 100' $I1 47Qo 467. $' ?' 00 D. CLEANING, & PAINTING OF EXTERIOR SURFACES ($23085) 1. MOVE IN &SET UP 5" $1154 100, $11 2. MAT'LS ON JOB -,S' $,,, 701 0 ^0 c $4= _ 3. BLAST AND ir'0. 1 COAT -r` $5080 65"' $5252 4. NO. 2COAT 1 $2=09 0'�:• 5. NO. 3COAT til•,� }:23019 ir, 6. S1G17S (2) 10° }:2;019 Cl 7. CLEAN UP &. MOVE OUT _$1 1 `=4 cl7 ?UB- TOTAL`: - 11-1 IT 48 ,. }:1 1 C -, JOB TOTALS = 100N =59010 58% 534446 E. EXTRA WORK (.CHAt -I E ORDERS)_ 1. 2. COPY F. TOTALS, 1. AMOUNT EARNED TO DATE ................................................. ............................... ............. $34446.1111 2. RETAI NAG E(10':) .............. .......................... ........ .. ...... 1111,_ ... ... ............ .... .__ .... .. ... .11...1.1, ...... 3. BALANCE DUECONTRACTCIF:....._ .......... ....._... ..................... I .......... I ...... .... _..._.................... }31 lfll OC 4. 1,....11...1.. $1904'- S. AMOUNT DUE CONTRACTOR THIS PAYMENT ...... ..... ......... ............ .... ... .. .... ... ....... ... .............. - S 1 1952. G. Paurw.nt of thi f'o$t estinlate doeJ (0.it I_Iln-tltlite acceptance tllf the CITY lit I.)nti7l tllf 'j ;+1711. To I3,3Tr H. APPROVALS AGREED 70 REI_p11MEN ED FOR PAYME" T BY: N��f ctV BV : ac„ D 7 FOR: SSPC, IIIc,. FO DONF'E1C 1 1a REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 23, 1988 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on August 23, 1988. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the August 9, 1988 meeting. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the August 9, 1988 meeting. All Voted Aye. Mayor Nagel presented Mr. Paul Forsythe with a Proclamation declaring the month of September "Square Dance Month" in the City of Nederland. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve the Proclamation declaring September as "Square Dance Month" in the City of Nederland. All Voted Aye. ' Councilman Doornbos briefly explained to the Council and citizens present what was hoped to be derived from passing a Resolution supporting the Good Roads Amendment. He stated that some suggestions have been made as to diverting federal highway funds to general revenue and that by supporting the Good Roads Amendment, the federal funds received by the State of Texas will have to be used exclusively for the intended purpose of improving Texas highways. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to approve Resolution No. 1988 -10 supporting the Good Roads Amendment to the state constitution and to call on all Texas voters to support the proposed amendment by voting YES for the Good Roads Amendment in the November, 1988 general election. All Voted Aye. Mayor Nagel presented Mr. Bill Potter, Texas Highway Department, with a Proclamation declaring September 8, 1988 as "Rainbow Bridge Day" in the City of Nederland, marking the 50th anniversary of the Rainbow Bridge. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve the Proclamation declaring September 8, 1988 as "Rainbow Bridge Day ", marking the 50th anniversary of the Rainbow Bridge. All Voted Aye. Mayor Nagel then addressed a group of citizens attending the Council Meeting relative to a traffic problem on So. 14th Street between Nederland Avenue and Avenue H. However, before receiving comments, Mayor Nagel pointed out to the citizens that no one requested to have this traffic problem placed on the agenda. Therefore, no formal action could be taken by the Council. After considerable discussion, it became evident that the main area of concern was the speeding through the curves on So. 14th Street. The complaints were prompted by an accident occurring on August 14, 1988 that involved a car hitting one resident's house, one resident's carport and a tree. The matter was turned over to the Chief of Police for investigation with recommendation to be made at the September 27, 1988 Council meeting. Minutes Continued, August 23, 1988 Howard McDaniel, City Manager, reminded the Council that the preliminary plat of Christina Court Section III was approved at a previous Council meeting. He then informed the Council that the Planning and Zoning Commission met August 15 and unanimously voted to recommend the approval of the final plat. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to accept the Planning and Zoning Commission's recommendation to accept the final plat of Christina Court Section III. All Voted Aye. The City Manager stated that the request for authorization to advertise for bids for water and sewer lines in Christina Court Section III is a companion item to the approval of the final plat, whereby the City adopted a pay -back policy to developers for the installation of water and sewer lines (Ordinance No. 121). A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to authorize the advertisement for bids to be received September 13, 1988 for water and sewer lines in Christina Court Section III. All Voted Aye. Howard McDaniel, City Manager, informed the Council that the City Attorney has verified and recommended payment to be made to Butler and Casstevens and Diversified Utility Consultants, Inc., in the amount of $446.31 and $370.94, respectively. He added that these amounts represent the apportionment of billings in the Gulf States Utilities rate case. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to authorize payment in the amount of $446.31 to Butler and Casstevens and $370.94 to Diversified Utility Consultants, Inc., representing the apportionment I of billings in the Gulf States Utilities rate case. All Voted Aye. A motion was then made by Councilman Doornbos and seconded by Councilman Bourque to approve a Resolution declaring the City incurred expenses of Butler and Casstevens and D.U.C.I. reasonable and reimbursable by Gulf States Utilities. All Voted Aye. Howard McDaniel, City Manager, recommended payment to Don S. Reichle and Associates in the amount of $1,063.28 for engineering services in connection with the painting of the Canal Avenue water tower. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to authorize payment in the amount of $1,063.28 to Don S. Reichle and Associates for engineering services in connection with the painting of the water tower on Canal Avenue. All Voted Aye. Howard McDaniel, City Manager, informed the Council that the request for payment in the amount of $1,875.89 to d.p. Consulting Engineers is for work done by Dave Perrell in negotiating a contract with Jones and Neuse for the wastewater facility study and for trip expenses to Austin. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize payment in the amount of $1,875.89 to d.p. Consulting Engineers for preparation of the contract for the wastewater facility study. All Voted Aye. Howard McDaniel, City Manager, informed the Council that the staff would like authorization to advertise for bids for one } -ton utility pickup truck for the Water Department, one new police car and one automated garbage truck. He stated that the staff would like to receive bids on the pickup and automated garbage truck September 13 and 27, respectively. However, the staff would like to put off receiving bids on the police car for a couple of months. He went on to r1111u LeS 1.U11L1IMPU, tluguSL LJ, 1780 explain that, by doing so, the life of the existing fleet can be extended. Mr. McDaniel added that all three vehicles are budgeted items in the upcoming budget. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to authorize the advertisement for bids to be received September 13, 1988 at 3:00 p.m. for one } -ton pickup truck. All Voted Aye. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to authorize the advertisement for bids for one new police car with the date for receiving the bids to be set by the Police Department staff when deemed necessary. All Voted Aye. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize the advertisement for bids to be received September 27, 1988 at 6:30 p.m. for one automated garbage truck. All Voted Aye. 117 There being no legal or personnel matters to discuss, a motion was made by Council- man LeBlanc and seconded by Mayor Nagel to table the Executive Session. All Voted Aye. Discussion Items: 1. Mr. McDaniel informed the Council that he had received a request from the Historical Society to recarpet the Windmill Museum. He stated that since this is a museum and open to the public, he felt the request was warranted and that if the Council had no objections, money from the Hotel /Motel tax would pay for this expense. The Council had no objections ' and instructed Mr. McDaniel to work with the Historical Society relative to this matter. 2. Mr. McDaniel also informed the Council that he met with a representative from an engineering firm relative to the closing of the landfill. He stated that, from all indications, the cost of closing the landfill is going to be considerable. He, therefore, would like permission to meet with the Cities of Port Neches and Groves to discuss eliminating any free access to the land- fill beginning October 1. The Council was in agreement that the City Manager should meet with the other two cities relative to this matter. There being no further business, the meeting adjourned at 8:05 p.m. Homer E. Nagel, Mayor `Y City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas I 18 CITY OF NEDERLAND A 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 the Golden Triangle area will join those from all over the nation to call attention to this truly American dance by celebrating, "NATIONAL SQUARE DANCE MONTH" NOW, THEREFORE, I, Homer E. Nagel, Mayor of the City of Nederland, do hereby proclaim the month of September as "Square Dance Month" in Nederland, Texas and urge all citizens to recognize its observance accordingly. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Nederland, Texas to be affixed on this 23rd day of August, 1988, A.D. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas 1 1 119 CITY OF NEDERLAND RESOLUTION NO. 1988 -10 WHEREAS, Texas motorist pay a federal' fuel tax of 9 cents a gallon into the Federal Highway Trust Fund, which is legislatively mandated to be apportioned to states for use on the Federal Aid Highway Program; and, WHEREAS, Texas receives approximately $800 million a year from the Federal Highway Trust Fund; and, WHEREAS, the federal funds account for 50 -60% of highway construc- tion in Texas; and, WHEREAS, since 1917 when federal highway funds first became available to the states, Texas has used 100% of such funds exclusively for highway purposes as mandated by federal law; and, WHEREAS, federal highway funds are received by the state as reimburse- ment for the expenditure of constitutionally dedicated state highway user taxes; and, WHEREAS, it has recently been suggested that federal highway funds received by the State of Texas as reimbursement be diverted to general revenue purposes; and, WHEREAS, diversion of the federal highway funds would (1) be unlawful, (2) violate the public trust, and (3) destroy the successful concept that those ' who use highways should pay for their construction and maintenance; and, WHEREAS, Texas voters can stop this potential attempt at diversion of federal highway funds to unrelated purposes by voting for a proposed GOOD ROADS AMENDMENT to the state constitution on the ballot in November 1988 general election; and, WHEREAS, this proposed constitutional amendment will appear on the ballot; "The constitutional amendment and /or clarification providing that federal reimbursement of state highway dedicated funds are themselves dedicated for the purpose of acquiring rights -of -way and constructing, maintaining, and policing public roadways ". NOW, THEREFORE BE IT RESOLVED that we support the proposed constitution- al amendment dedicating federal highway funds received by the State of Texas exclusively for the intended purpose of improving Texas highways, and BE IT FURTHER RESOLVED that we call on all Texas voters to join us in supporting the proposed amendment and pledge our support in educating the voters to the critical importance of a YES vote for the GOOD ROADS AMENDMENT. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland this 23rd day of August, A.D., 1988. ATTEST: S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas r+ a.i1a ✓a l.YUYI \LL11Y✓ 12'0 A PROCLAMATION WHEREAS, the Rainbow Bridge has provided a vital north —south route for Southeast Texas; WHEREAS, the Rainbow Bridge has aided the economic development of the region by serving as a major industrial route; WHEREAS, this tallest bridge in the south has enhanced the quality of life for area residents by providing a direct route to the Gulf of Mexico and another route to Louisiana and to points north; WHEREAS, the Rainbow Bridge stands as a monument to a dedi- cated list of men who strove for more than a decade to have the bridge built; WHEREAS, the construction of the 176 —foot arch of steel repre- sents a major engineering feat for its time; WHEREAS, six men lost their lives in behalf of this project; WHEREAS, this lady of steel attracts visitors to our area; WHEREAS, September 8, 1988 marks the 50th anniversary of the Rainbow Bridge; IN WITNESS WHEREOF, I, Homer E. Nagel, Mayor of Nederland, Texas, do hereby proclaim September 8, 1988 as "RAINBOW BRIDGE DAY ", and ' I urge all citizens to join with me in commemoration of this event. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the City of Nederland, Texas to be hereto affixed this the 23rd day of August, 1988. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City cf Nederland, Texas 0.1, � 1 1 CITY OF NEDERLAND RESOLUTION NO. 1988 -11 A RESOLUTION APPROVING BILLS OF DON R. BUTLER, ATTORNEY, AND D.U.C.I., RATE CONSULTANTS, IN GULF STATES UTILITIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 7195. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of Don R. Butler, Attorney, and the bills of D.U.C.I., Rate Consultants, is marked Exhibit "A" and attached hereto and is hereby approved and found to be reasonable and for necessary services to the City of Nederland with respect to the Gulf States Utilities' rate application including public Utility Commission Docket No. 7195. SECTION 2: that claim for reimbursement shall be presented to Gulf States Utilities Company in the amount thereof, under authority of the Public Utility Regulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland, held on the 23rd day August, 1988. Homer E. Nagel, Mayor^ City of Nederland, Texas ATTEST: Chris Serre., City Secretary City of Nederland, Texas 00, APPROVE AS TO FORM AND LEGALITY: V v L W. E. Sffnderson, City Attorney City of Nederland, Texas 1 � �1 122 EXHIBIT "A" Butler & Casstevens $446.31 D.U.C.I. 370.94 $817.25 1 C 123 EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 30, 1988 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on August 30, 1988. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel announced that the reason for scheduling this emergency meeting was to discuss and take action relative to the appointment of an interim city manager due to the untimely death of Howard McDaniel. He then asked everyone present to stand and say a silent prayer for Mr. McDaniel. Mayor Nagel called a recess in the regular meeting at 6:35 p.m. in order to conduct an Executive Session relative to personnel matters. The regular meeting was called back to order at 7:25 p.m. by Mayor Nagel. Mayor Nagel announced that the Council discussed the appointment of interim city manager with Mr. D. E. Sosa, Assistant City Manager, agreed to accept the appointment. He added that no definite time table was discussed, but the ' Council would probably meet in 2 -3 months to discuss the appointment of a city manager. He further explained that the interim period will give the Council a chance to evaluate Mr. Sosa's performance as well as give Mr. Sosa the opportunity to evaluate the position of City Manger. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to appoint Mr. D. E. Sosa interim City Manager. All Voted Aye. There being no further business, the meeting was adjourned at 7:35 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: kt,.L I _tAJ L,!�= Chris Serres, City Secretary City of Nederland, Texas 1:_2 4 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. September 13, 1988 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on September 13, 1988. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the August 23, 1988 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the minutes of the August 23, 1988 meeting as written. All Voted Aye. Mrs. Betty Dixon, with the Chamber of Commerce, presented the 1987 -1988 Tourism Report to the Council as follows: The "Key to Area" Brochure was updated with 35,000 copies being distributed in 1987; Community Tulip Garden was again planted with 77 spaces being reserved for the 1988 blooming season (reservations are now being taken for 1989); there were 3,487 visitors to the Windmill Museum and 2,788 visitors to the French Museum; Nederland Chamber of Commerce hosted the District 14 East Texas Tourist Association quarterly meeting - 27 were in attendance, representing 14 counties in East Texas; Museums are being advertised in the East Texas Tourism Association "Vacation Guide "; Nederland Historical Society and docent program, promoting the museums and updating the museum artifacts, are continued this year; beautification projects for Nederland have continued with the planting of seven oak trees at the corner of Highway 347 @ Highway 366; work with the Homemakers Extension Club on railroad track flower beds was continued; and the Chamber of Commerce entered six festivals or events this past year for promoting Nederland through the use of the Windmill Mobil Unit - the group won first place in 1987 at the Texas Folklife Festival in San Antonio and Dicken's on the Strand event in Galveston. Mayor Nagel thanked Mrs. Dixon for the tourism report and commended her on the thoroughness of the report. Mayor Nagel presented Mrs. Meaux with a Proclamation declaring September 11 -16, 1988 "POW /MIA Recognition Week" in Nederland and urged the citizens of our City to recognize the POW /MIA's, their individual plights and suffering, as well as the suffering of their families and loved ones and to support every effort to resolve the issue. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the Proclamation dellaring September 11 -16, 1988 "POW /MIA Recognition Week" in the City of Nederland. All Voted Aye. Mr. D. E. Sosa, City Manager, briefed the Council regarding the request to approve a Resolution changing the name of North 3rd Street to 2} Street stating that the request was prompted by Mr. Tony James' complaint relative to having two streets in Nederland with similar names (3rd and N. 3rd). Mr. James stated that he was having problems regarding utilities, repairmen, etc. An investigation revealed that there are only two occupied residences on N. 3rd Street and that one resident opposed the name change and the other resident was in favor of the change. In view of the problems arising from having a 3rd Street and a N. 3rd Street, the City Manager recommended the change of N. 3rd Street to 2} Street. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to approve Resolution 1988 -12 changing the name of N. 3rd Street to 2} street. All Voted Aye. Mr. John Bernard, Water Superintendent, opened and read bids received for one } -ton utility pickup. Bidders were as follows: J. K. Chevrolet - $10,498.36; and Chevyland - $10,089.40. After opening all bids, Mr. Bernard asked the Council to refer bids received to the staff for tabulation with recommendation to be made at a later date. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to refer bids received for one } -ton utility pickup to the staff for tabulation and recommendation. All Voted Aye. 125 Mr. Richard Foust, Engineer with Fittz and Shipman, opened and read bids received for the installation of water and sewer lines in Christina Court Section III. Bidders were as follows: ALLCO - $34,559.90; John Bankston Construction - $30,970.00; Baytown Construction - $35,211.80; and Excavators and Constructors, Inc., - $48,084.70. Mr. Foust asked the Council to refer the bids to the staff for tabulation with recommendation to be made at a later date. A motion was made by Mayor Nagel and seconded by Councilman Bourque to refer bids received for the installation of water and sewer lines in Christina Court Section III to the staff for tabulation and recommendation. All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that the staff is seeking 'permission to advertise for bids to be received October 11, 1988 for one trash truck. However, depending on the outcome of the closure of the landfill and disposal of garbage and trash after closure, we may not award any of the bids received. Mr. Sosa then added that this is a budgeted item. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to authorize the advertisement for bids to be received October 11, 1988 at 3:00 p.m. for one trash truck. All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that the request to advertise for bids for two hundred 90- gallon and one hundred 300 - gallon garbage containers is for replacement of broken or worn out containers and is a budgeted item. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to authorize advertisement for bids to be received October 11, 1988 at 3:00 p.m. for two hundred 90- gallon and one hundred 300 - gallon garbage containers. All Voted Aye. The City Manager informed the Council that payment is recommended by the staff for Don Reichle and Associates in the amount of $1,026.33 for engineering services in connection with the painting of the Canal Avenue water tower. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve payment in the amount of $1,062.33 to Don Reichle and Associates for engineering services in connection with the painting of the Canal Avenue water tower. All Voted Aye. The City Manager informed the Council that the request for payment of Estimate No. 3 to S.S.P.C., Inc. is being recommended by the staff. The status report and cost estimate are in order and 67% of the work has been completed. 1 f7 x� Minutes uontinuea, beptemoer i3, i7oo �•r A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment of Estimate No. 3 in the amount of $4,552.00 to S.S.P.C., Inc. for work on the Canal Avenue water tower. All Voted Aye. Mr. W. E. Sanderson, City Attorney, briefed the Council relative to the G. R. Grier lawsuit. He reported that he had spoken with Kerwin Stone who indicated that the rough draft of the settlement papers would be ready for review in the near future, but that they are not ready for review at this time. Mr. Sanderson stated that, in view of the fact that the settlement papers are not ready, he would like for the Council to table authorizing a settlement with G. R. Grier. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table authorizing a settlement with G. R. Grier (wastewater treatment plant lawsuit). All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that a manhole at 34th Street @ Canal Avenue collapsed due to sewer gas. He then called on John Bernard, Water/ Wastewater Superintendent, to elaborate on the situation. Mr. Bernard informed the Council that the force main that comes down from Parkway Village was tied into this manhole at the top which allows too much of the sewer gas to escape. The escaping sewer gas caused the collapse of the manhole. Mr. Bernard went on to explain that he plans to rebuild the manhole and place the force main lower to the flow line in order to decrease the amount of escaping gas. He stated that he has received bids with John Morrison being the low bidder in the amount of $13,600. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to authorize the Water /Wastewater Superintended to pursue repairs of the manhole located at 34th Street @ Canal Avenue. All Voted Aye. , Mr. D. E. Sosa, City Manager, informed the Council that the reason for the request — to call a Public Hearing is relative to the State Department requiring closure of the Mid County Municipal League Landfill. The State is requiring closure of the landfill for the following reasons: 1) the 52 acres which is operating under a grandfather clause will soon be used up; 2) the landfill is located in a "wetland" area; and 3) the possibility of meeting the upcoming regulations to be set out by the E.P.S. for operating a landfill in a "wetland" area is financially impossible. The Mid County Municipal League has no option but to close the landfill and at this time it is not known how long the three cities will have before final closure, but all indications are that the landfill will have to be closed before 1990. It is proposed to place a surcharge on the garbage rate to finance this closure and that the prupose of calling a Public Hearing is to inform the public relative to the closure of the landfill and the method of financing proposed. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to call a Public Hearing to be held Thursday, September 15, 1988 at 6:30 p.m. for the purpose of discussing garbage rates relative to the closing of the Mid County Municipal League Landfill. All Voted Aye. Mayor Nagel then called for any questions and /or comments regarding the monthly bills as presented by the Treasurer. There being no questions and /or comments, a motion was made by Mayor Nagel and seconded by Councilman LeBlanc to authorize payment of the bills for the month of August. All Voted Aye. There being no legal or personnel matters, a motion was made by Mayor Nagel and seconded by Councilman LeBlanc to table the Executive Session. All Voted Aye. a P1Vuwct 1J, 1700 Mayor Nagel read a Proclamation declaring September 9 thru October 9, 1988 as "Voter Registration Month" in the City of Nederland, Texas. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the Proclamation declaring September 9 thru October 9, 1988 as "Voter Registration Month" in the City of Nederland, Texas. All Voted Aye. Discussion Items: 1. Councilman Doornbos reported that the weed problem on 36th Street @ Gary Avenue has gotten worse. The City Manager responded that, upon last notification by the Fire Depart- ment, the owner did take it upon himself to have the grass cut. 2. Mr. Rothrock requested the City to have the gate at Union Oil @ Hwy. 366 cleaned out stating that all the debris would not allow the water to drain properly. There being no further business, the meeting adjourned at 4:10 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: I��_ J lmj� Chris Serres City Secretary City of Nederland, Texas 1 1:� 1 -7 129. t Offire of toe AnUor 91 HomeA E. Nagee. , 6y virtue of the authority vested in me as Mayor o f t`ce City o f Yleder /and, _lexaj, alo 4ereby Proclaim September. 9th thnu Uetoben 9th, 1988 Cv J 4s � VOTER REGISTRATION MONTH in toe City of 1� _l eder/and, exaj, and urge each and every Citizen of our City to pafiiici,pate in his on hen own government at evehy teve.b by teg.i�s.teAi.ng and voting on .ubues as wett as candidates. //inn/ tedtimon/Jy WIi/e�reo , witness my hand anal Seat of the City of %/eclep accn�cf ILI 14e 9th c1.y o� h6 SeptembeA, 1988 , ...fit. -T . F-W tteet: CIA e;z City Secretary 1 1 i ///J�4/ayor// / // c7 City o/ /1ederCand, _Jexa-4 F 1 1 lQUItttre dt t4e Pager Y 2 9 Y. i. -91 Homer E. Nagee , l y virtue of the aul4orifey ve .4t//ed in me as Mayor of the City o f //edlerland, Jexaj, �h o ereby Proclaim cop September 11 -16, 1988 A-4 "PUG! /MIA Recognition Week" in the City of Ilederland, Jexaj, and urge each and every Citizen of our City to heeogn,ize the PUG 1 /MIA'.6, .the.it i.ndi.viduat pe i.ght6 and du66eAi,ng, a6 wet az the eu66eh i.ng o5 ,theuAc bam.i e.i a and .loved one6 and auppact eveAy e45ort to te6o.F've .thin .i6zue. —91, tedfinzolly w` ee/reol, witnedd my 4and and/ Seal of fie City o f //ed/er//l//acryna/^ / fleij the 10th dad o� September, 1988 , A. . _/Ettfeef;_ City Secretary Mayor i City of Ylederland, Jexai 1 3 ® WHEREAS, the City Council of the City of Nederland has been requested to change the name of N. 3rd Street to eliminate confusion caused by having a 3rd Street and a N. 3rd Street; and WHEREAS, the City Council of the City of Nederland adopted a street name and numbering system in 1958; and WHEREAS, the City Council of the City of Nederland is of the opinion that many advantages could be derived for the citizens of the City of Nederland if the name of N. 3rd Street was changed to correspond with the existing name and numbering system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the name of N. 3rd Street shall henceforth be changed from N. 3rd Street to 2} Street. The City Secretary is authorized to attest to same and to affix the seal of the City of Nederland hereto. PASSED by the City Council this " day of 1988. Homer E. Nagel, Mayor _ City of Nederland, Texas ATTEST: Chris Serre , City Secretary , 'ity of Nederland, Texas APPROaj FO RM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas LJ 131 PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 15, 1988 The Public Hearing was called to order by Mayor Homer E. Nagel at 6:30 p.m. on September 15, 1988. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Others in attendance were Mr. James Kerr, Landfill Operator, and Mr. R. E. Roth - rock. Mayor Nagel announced that the purpose of the Public Hearing was to discuss the closure of the Mid County Municipal League Landfill. However, due to the threat of Hurricane Gilbert and not knowing how many citizens are out of town, another Public Hearing will be called. Mayor Nagel added that, because some were in attendance, the Council would discuss the closure of the landfill. Mayor Nagel then called on Mr. D. E. Sosa, City Manager, to give an overview of the landfill closure. Mr. D. E. Sosa, City Manager, stated that the State Health Department informed the City of Nederland that the Mid County Municipal League Landfill would have to be closed for the following reasons: 1) the 52 acres originally allowed to operate under a grandfather clause are about to be used up; 2) the landfill is ' located in a "wetland" area; and 3) the new regulations to be imposed by the E.P.A. for operating a landfill in a "wetland" area have made it financially impossible for the City to comply. Mr. Sosa went on to say that the Mid County Municipal League has received proposals for closing the landfill and that the cost for closure ranges from two to three million dollars. He went on to explain that the reason for the wide range in prices is because the cost of closure will remain unknown until a plan is approved by the State. At this time, the Mid County Municipal League is proposing to have an in -house closure plan prepared by Mr. George Newsome who has had experience with closing landfills in Beaumont and San Patricio County. Mayor Nagel added that the City is looking at a $6.00 per month surcharge to be assessed to each customer's garbage rate. He went on to explain that the $6.00 per month per customer surcharge will generate approximately $90,000 per month which will allow the cities to have the closure of the landfill paid for in about three years. After the closure is paid for, it is the City's intention to drop the surcharge from the customer's garbage rate. Councilman Sawyer questioned whether or not any consideration had been given to the implementation of a system whereby organizations that are not currently being charged (ie: School Districts, Drainage Districts, Highway Department) will be charged in the future to help finance the closure of the landfill. Mr. James Kerr, Landfill Operator, responded that these special districts do not dispose of enough trash to effectively generate enough revenue to help finance the closure of the landfill. A full discussion followed relative to assessing a surcharge for all landfill users requiring a permit and also relative to the implementation of the bi- monthly 1 Minuteg Continued, September 15, 1988 billing proposal that was to go into effect October 1, 1988. The City Manager was instructed to place these items on the agenda for the next regularly scheduled Council meeting. Mr. R. E. Rothrock, 213 5th Street, addressed the Council regarding the closure of the landfill. He stated that his main concern was the possibility of having the garbage hauled to another landfill outside the city limits of Nederland. He stated that, with the corruption in some governmental entities, he was con- cerned about another entity trying to annex the City of Nederland based on the fact that we do not have a place to dispose of garbage. Mayor Nagel assured Mr. Rothrock that the City will sign a contract and that proposals currently being considered are long -term agreements. Also, any contract to be considered will not be without the approval of the City Attorney. Mayor Nagel then called for any other questions and /or comments. There being no further questions and /or comments, a motion was made by Council- man LeBlanc and seconded by Councilman Doornbos to call a Public Hearing to be held September 22, 1988 at 6:30 p.m. to discuss and take action on a garbage rate increase to finance the closure of the landfill. Also included in the motion was to authorize the advertisement of the Public Hearing in the Mid County Chronicle, The Beaumont Enterprise and The Port Arthur News. All Voted Aye. The Public Hearing was adjourned by Mayor Homer E. Nagel at 7:20 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, City of Nederland, Texas ' 133 PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 22, 1988 The Public Hearing was called to order by Mayor Homer E. Nagel at 6:30 p.m. on September 22, 1988. Members present were Mayor Homer E. Nagel, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Councilman Robert D. Sawyer was absent due to illness. Other in attendance were Mr. John I. Bamber, Mr. Michael D. Duball, Mr. Terry Weatherford, Mr. Sam Levy, Mr. R. Bodemuller, Mr. Ben Melancon, Mr. Amidee Morgan, Mr. Jan C. Clement, Mr. E. Bayard and Mr. Brent Watts with the State Health Depart- ment. Mr. Watts was present to answer questions relative to the closure of the landfill. Mayor Nagel announced that the purpose of the Public Hearing was to discuss the closure of the landfill and the method by which the closure will be financed. He then called upon Mr. D. E. Sosa, City Manager, to give an overview of the plan for closure of the landfill and the method of finance available. Mr. D. E. Sosa, City Manager, stated that the State Health Department informed the City of Nederland that the Mid County Municipal League landfill would have to be closed for the following reasons: 1) the 52 acres originally allowed to ' operate under a grandfather clause are about to be used up; 2) the landfill is located in a "wetland" area; and 3) the new regulations to be imposed by the E.P.S. for operating a landfill in a "wetland" area have made it financially impossible for the City to comply. He went on to explain that the Cities of Nederland, Port Neches and Groves have received several proposals for the closure of the landfill and the price ranges from two to three million dollars, adding that the reason for the wide range in price is because the State will have to approve the closure plan before a definite cost will be known. Mr. Sosa then added that the closure plan should be ready for review by the State the first or second week in October. He then elaborated on the financial plan proposed by the City to cover the cost of closure stating that a $6.00 surcharge per customer per month will be added to the garbage rate. Depending on the definite cost of closure, the surcharge could be dropped from the customer's garbage rate in as little as two years or may extend for a three year period. Mayor Nagel added that the $6.00 surcharge per customer per month would generate approximately $90,000 which will allow the Cities to have the closure of the landfill paid for in about three years. It is the City's intention to drop the surcharge at that time. Mayor Nagel went on to say that each city is sharing the responsibility equally and that he knew it was going to be hard for persons on a fixed income, however, the City has no choice in this matter. He then pointed out that the City has experienced no increase in garbage rates since 1980. Mayor Nagel then called for questions and /or comments. Mr. Sam Levy, 924 Circle Drive, expressed his wished to have the tax rate increased to finance the closure of the landfill rather than assessing a surcharge to his garbage rate, adding that sales tax would have to be paid on the surcharge. 13 1 Minutes'Continued, September 22, 1988 Mr. R. D. Bodemuller 1416 Avenue D, stated that he felt assessing a surcharge to the garbage rate would be the most fair and equitable way to finance the closure of the landfill. Councilman Bourque added that the City of Nederland has always kept revenue generating departments separate from general government and that he is against raising the tax rate for financing the closure of the landfill. He then added that the tax rate for this fiscal year has already been set. Mayor Nagel then commented that the tax rate would have to be increased by $.20 to generate enough money per year to close the landfill, adding that the $.20 increase was based on an assessed value of $50,000. Councilman LeBlanc added that the law relative to operating a landfill is becoming so stringent there are 1100 cities in the State of Texas that are in the same situation as the City of Nederland. Mr. Amidee Morgan commended the Mayor and Council for excellent operations of the City. He stated that he knew the Council had no choice but to raise rates to finance the closure of the landfill and felt that more citizens should show support for the Council. Mr. Terry Weatherford, 304 So. 4} Street, questioned whether or not the State would provide for any type of financing to close the landfill. Mayor Nagel stated that there is no type of funds available from the State and that the landfill owner is responsible for financing the closure of a landfill. Mr. Weatherford then questioned whether or not the existing garbage fee was ' adequate to cover the expense of finding another landfill site or method of disposing of garbage. Mayor Nagel responded that the City is currently studying different alternatives for disposing of garbage and, according to proposals received, all indications are that the rates will remain about the same as they are now. Mr. John Bamber, 1420 Chicago, informed the Council that he would like the City to seriously consider the possibility of incineration as a means of garbage disposal. He added that the cost for incineration, when compared to that of landfill or transporting, would pay for itself. Mayor Nagel pointed out that the City has studied the possibility of incineration, however, it is not economically feasible for the Cities of Nederland, Groves and Port Neches at this time. Mr. Morgan and Mr. Levy questioned the proposed effective date for adding the surcharge and the bi- monthly billing system, respectively. Mayor Nagel stated that the surcharge will be assessed to the garbage rates as of October 1 and that the City of Nederland will not implement a bi- monthly billing system due to the increase in the garbage rate. He added that it is felt that a bi- monthly bill would place too much of a burden on our citizens at this time. Mr. Michael Duvall, 307 So. 4} Street, asked if persons living outside the city limits of Nederland would be sharing the cost of closing the landfill. riinuLes wuLlnuea, oepceWer LL, iyaa 135 Mayor Nagel responded that the City will be assessing a surcharge to all landfill users requiring a permit but the exact cost of the permit has not been determined at this time. Mayor Nagel asked for any more questions and /or comments relative to the closure of the landfill and the financing of this closure. A motion was made by Mayor Nagel and seconded by Councilman Bourque to close the Public Hearing and to accept the plan proposed for financing the closure of the Mid County Municipal League Landfill. All Voted Aye. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve the amendment of Ordinance No. 155 assessing a $6.00 surcharge to garbage rates for the purpose of financing the closure of the landfill. All Voted Aye. ATTEST: Chris Serres, ity Secretary City of Nederland, Texas 1 �t�Q QP� Homer E. Nagel, Mayor City of Nederland, Texas 136 AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD WATER AND SEWER RATES, WATER METER DEPOSITS, WATER \ \J)) AND SEWER CONNECTIONS FEES, AND GARBAGE RATES, ,l\ n AND PROVIDING FOR THE ADDITION OF STATE MAN- \-/ DATED SALES TAX TO THE GARBAGE PORTION OF THE RATE INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS. WHEREAS, a revision should be made in the deposits for water, sewer and garbage services no being charged by the City of Nederland, Texas, inside the City limits and outside the City limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDER- LAND, TEXAS: I. That rates per unit to be charged and collected by the City of Nederland, Texas, from all customers obtaining service from said municipality shall be and are hereby fixed as set forth below: *WATER RATES Residential and Commercial: Inside Outside City City First 2,000 Gallons (minimum) $ 4.00 $ 8.00 ' All over 2,000 Gallons (per M) 1.50 3.00 *Or as required by provisions of outside City contracts. *SEWER RATES & * *SEWER USAGE DISCOUNTS Residential (per month) 2,000 minimum $ 5.70 $ 11.40 All over 2,000 Gallons .65 1.30 Commercial (per month) 2,000 minimum 5.70 11.40 All over 2,000 Gallons (per M) .65 1.30 *Or as required by provisions of outside City contracts. WATER CONNECTION FEES 3/4" Meter (Sewer Usage Discount) ** $ 50.00 $ 75.00 3/4" Water Tap 120.00 180.00 1" Water Tap 175.00 262.50 1}" Water Tap 400.00 600.00 2" Water Tap 600.00 900.00 Over 2" Tap Material Cost + 20% * *Upon request, the City will install a 3/4" meter to adjust sewer usage for water used other than normal. *SEWER CONNECTION FEES Residences - 4" Sewer Tap 6" Sewer Tap 8" Sewer Tap iszr Crn) FcD)y $100.00 $150.00 150.00 225.00 200.00 300.00 WATER METER AND GARBAGE CONTAINER DEPOSITS Up to 3/4" Water Tap $100.00 $100.00 1" Water Tap 150.00 150.00 1V" Water Tap 200.00 200.00 1}" Water Tap 250.00 250.00 2" and up Water Tap 300.00 300.00 Residential (per month) GARBAGE RATES Landfill Rate Charge 7.5% Sales Tax Total Inside City $ 7.00 $ 6.00 $ 1.00 $ 14.00 Outside City 9.50 6.00 1.20 16.70 Commercial (per month) 8.00 6.00 1.05 15.05 ' (minimum - no container) The $6.00 per month landfill charge is a temporary charge for the purpose of financ- ing the State required closure of the M.C.M.L. landfill. This charge will be reduced or lifted as financing requirements of the landfill closure are satisfied. 98 GALLON CONTAINERS Rate + 7.5% Sales Tax & Landfill Charge of $6.00 No. of 2 Pickups Per Week 3 Pickups Per Week 5 Pickups Per Week Containers Rate / Tax / Total Rate / Tax / Total Rate / Tax / Total +S.C. +S.C. +S.C. 1 $ 18.00 $ 1.35 $ 19.35 $ 24.00 $ 1.80 $ 25.80 $ 36.00 $ 2.70 $ 38.70 2 30.00 2.25 32.25 42.00 3.15 45.15 66.00 4.95 70.95 3 42.00 3.15 45.15 60.00 4.50 64.50 96.00 7.20 103.20 4 54.00 4.05 58.05 78.00 5.85 83.85 126.00 9.45 135.45 5 66.00 4.95 70.95 96.00 7.20 103.20 156.00 11.70 167.70 6 78.00 5.85 83.85 114.00 8.55 122.55 186.00 13.95 199.95 7 90.00 6.75 96.75 132.00 9.90 141.90 216.00 16.20 232.20 8 102.00 7.65 109.65 150.00 11.25 161.25 246.00 18.45 264.45 9 114.00 8.55 122.55 168.00 12.60 180.60 276.00 20.70 296.70 10 126.00 9.45 135.45 186.00 13.95 199.95 300.00 22.50 322.50 V 138 350 GALLON CONTAINERS Rate + 7.5% Sales Tax & Landfill Charge of $6.00 No. of 2 Pickups Per Week 3 Pickups Per Week 5 Pickups Per Week Containers Rate / Tax / Total Rate / Tax / Total Rate / Tax / Total 1 $ 24.00 $ 1.80 $ 24.80 2 42.00 3.15 45.15 3 60.00 4.50 64.50 4 78.00 5.85 83.85 5 96.00 7.20 103.20 6 114.00 8.55 122.50 7 132.00 9.90 141.90 8 150.00 11.25 161.25 9 168.00 12.60 180.60 10 186.00 13.95 199.95 $ 33.00 $ 2.48 $ 35.48 60.00 4.50 64.50 87.00 6.53 93.53 114.00 8.55 122.55 141.00 10.58 151.58 168.00 12.60 180.60 195.00 14.63 209.63 222.00 16.65 238.65 249.00 18.68 267.68 276.00 20.70 296.70 TRASH REMOVAL RATES $ 51.00 $ 3.83 $ 54.83 96.00 7.20 103.20 141.00 10.58 151.58 186.00 13.95 199.95 231.00 17.33 248.33 276.00 20.70 296.70 321.00 24.08 345.08 366.00 27.45 393.45 411.00 30.83 441.83 456.00 34.20 490.20 Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of a residence when it become necessary to clear a ditch of trash during or before a rainstorm to prevent possible flooding. Miscellaneous trash, trees, and brush from empty (underdeveloped) property must be hauled off by the owner or developer at their expense. The City will serve garbage paying customers only. II. A. If any section paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. B. This Ordinance shall take effect October 1, 1988. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this the 22 day of September, 1988. C(Dp� ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas LJ Y3� REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 27,1988 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on Septem- ber 27, 1988. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for corrections and /or additions to the minutes of the August 30, 1988, the September 13, 1988, the September 15, 1988 and the September 22, 1988 meetings. There being no corrections and /or additions to the minutes, a motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the August 30,.September 13, September 15 and September 22, 1988 meetings. All Voted Aye. Mayor Nagel read a proclamation declaring October, 1988, as "National Quality Month" in Nederland, Texas. He called upon employers as well as employees to continue striving to develop quality goods and services in an effort to get our country back on the road to economic recovery and to be competitive 'with the rest of the world. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to approve the proclamation declaring October, 1988, as National Quality Month in Nederland, Texas. All Voted Aye. Mrs. Betty Dixon, Chamber of Commerce, introduced Mr. Jim Weiland, President of Ramcor Airline Maintenance Corporation. Mayor Nagel read a proclamation declaring Friday, October 7, 1988, as "Welcome Ramcor Day" in Nederland, Texas. He then expressed his appreciation to Ramcor for considering our area for the maintenance site. Mr. Weiland thanked Mayor Nagel and stated that Ramcor was as delighted to be in this area as the people in Jefferson County are to have Ramcor locate here. He added that he is looking forward to a long and profitable relationship in this area. Mrs. Betty Dixon extended an invitation to a reception to be held Friday, Octo- ber 7, 1988 from 4:30 p.m. to 6:30 p.m. at the Nederland City Office Building to welcome Ramcor to our area. A motion was made by Councilman LeBlanc and seconded by Councilman'Sawyer to approve the proclamation declaring Friday, October 7, 1988, as "Welcome Ramcor Day" in Nederland, Texas. All Voted Aye. 14 Minutes`;Continued, September 27, 1988 Mayor Nagel presented Fire Chief, Mike Lovelady, with a proclamation declaring October 9 -15, 1988 as "Fire Prevention Week" in Nederland, Texas. He then called on the Fire Chief to explain activities planned for the week. Mike Lovelady, Fire Chief, announced that the Fire Department will be hosting the third Annual Open House again this year along with visiting area schools to promote fire safety in the home. Also, area fire departments will be work- ing in a mutual effort at Central Mall to promote fire safety. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to approve a proclamation declaring October 9 -15, 1988 as "Fire Prevention Week" in Nederland. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that at the August 23, 1988 Council meeting a group of citizens from South 14th Street registered a complaint relative to traffic along this street. The complaint was prompted by an accident occurring earlier that week. He then called on Chief Neal to make a recommendation relative to this problem. Chief Neal reported that he and Stirling Copp, Director of Public Works, worked together investigating the situation along South 14th Street. He stated that a traffic speed survey along with a traffic count was conducted between September 1 and September 11. He then reported that, based on the results of the surveys, the following are recommendations made by himself and the Director of Public Works to increase traffic safety in this area: install reflector buttons on the roadway from Avenue C to south of Avenue F; trim tree branches at street lights; install a new "curve" sign at South 14th Street near Avenue F; replace existing "curve" signs on South 14th Street and Avenue C, South 14th Street between Avenue D and Avenue E, and on South 14th Street between Avenue F and Avenue H, with new signs which display a more reflective surface. A full discussion followed and the citizens present were receptive to the recommendations presented by the Chief of Police and the Director of Public Works. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to accept the recommendation presented by Chief Neal and Stirling Copp relative to the 14th Street traffic problem. All Voted Aye. Stirling Copp, Director of Public Works, opened and read bids received for one automated garbage truck. The bidders were as follows: Rand Automated Compaction Systems, Inc.; Industrial Disposal Supply Co.; and Government Innovators. Mr. Copp then asked the Council to refer the bids to the staff for tabulation with recommendation to be made at a later date. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to refer bids received for one automated garbage truck to the staff for tabulation and recommendation. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the staff is recommending that the bid for one } -ton pickup truck be awarded to Chevyland in the amount of $10,089.40, adding that Chevyland is the low bidder. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to award the bid for one } -ton pickup for the Water Department to Chevyland in the amount of $10,089.40. All Voted Aye. I Minutes Continued, September 27, 1988 1 �/ D. E. Sosa, City Manager, informed the Council that he had met with the City `� Managers from Groves and Port Neches relative to charges assessed to landfill users requiring a permit. He stated that it was the consensus that all landfill users should share the cost of closing the landfill and recommended doubling the fees that are currently assessed to landfill users requiring a permit. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize the assessment of a surcharge to all landfill users requiring a permit. All Voted Aye. W. E. Sanderson, City Attorney, presented the Council with an overview relative to the G. R. Grier lawsuit. He reminded the Council that the City of Nederland held $86,000 in retainage fees. Upon completion of the water plant project, G. R. Grier filed a lawsuit against the City in the amount of approximately $500,000. The lawsuit was an effort to recoup monies they claimed were lost as a result of change orders they were forced to make due to design problems. G. R. Grier has now agreed to settle out of court for the original retainage fee plus interest, which amounts to $98,521.35. Mr. Sanderson recommended payment to G. R. Grier. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve settlement of the G. R. Grier lawsuit in the amount of $98,521.35. All Voted Aye. D. E. Sosa, City Manager, informed the Council that Mr. Newsome is very close to having a design plan ready to present to the State relative to closing the landfill. However, official action appointing Mr. Newsome as design engineer must be taken or the State Health Department will not consider this closure ' plan. Mr. Sosa then recommended the appointment of Mr. Stanley G. Newsome as design engineer for closure of the landfill. A Motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to appoint Mr. Stanley G. Newsome as design engineer for closure of the Mid County Municipal League Landfill. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that at the June 14, 1988 Council meeting, a bi- monthly billing proposal was approved. Since that meeting, however, it was informally decided to rescind that decision. He then stated that formal action needed to be taken to rescind implementation of the bi- monthly billing proposal. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to rescind implementation of the bi- monthly billing proposal of June 14, 1988. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session. All Voted Aye. Discussion Items: 1. Councilman Doornbos asked the City Manager to continue watching the situation at 36th Street @ Gary Avenue relative to high weeds. 142 Minutes continued, September L/, IV66 There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 7:45 p.m. 'Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: Lill., " Ch is Serres, City Secretary City of Nederland, Texas 1 1 1 1 i Av�LH11Ul`I '143 WHEREAS, a commitment to excellence in manufacturing and service is essential to our nation's long -term economic welfare; and WHEREAS, over the years, American craftsmen have shown great personal pride and interest in developing quality goods and services; and WHEREAS, individual workers, business managers, labor leaders and government officials must all work to promote a standard of excellence in the public and private sectors; and WHEREAS, from the smallest to the largest manufacturing and service organizations in the State of Texas, quality is a major concern of all who believe in the long -term existence of their operations; and WHEREAS, the interests of these men and women are represented by the American Society for Quality Control, an international society with over 57,000 members worldwide, engaged in a national campaign to make all Americans aware that "Quality First" is the key to productivity and profitability in our economy; and WHEREAS, the SOUTHEAST TEXAS Section of the American Society for Quality Control, in conjunction with the John Gray Institute, will sponsor activities in support of this national awareness campaign; and NOW, THEREFORE, I, HOMER NAGEL, MAYOR of the CITY OF NEDERLAND, TEXAS, hereby proclaim October 1988 as National Quality Month and commend the American Society for Quality Control, Southeast Texas Section and the John Gray Institute for their contributions to our community. IN WITNESS WHEREOF, I have hereunto set my hand, caused the Great Seal of the City of Nederland to be affixed at Nederland, Texas this 27th day of September, 1988, A.D. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas o a 144 Office of t4P fflttgor C J, Ho/meA E. Naget , l y virtue 01 the authority veiled in me aj /i,/ayor of the Lity of 77eder[ and, 5exa9, do hereby ProcCaim f October 7, 1988 Aj "We come Ramcoh Day" in the City of 77eclerlancl, ,Jexaj, and urge each and every C.ilizen o f our C'ily to tecogn,ize the eontxi.buti.one that zhi.-b indub.tAy wiee maze in ]e66euon County. 1 Jinn t eili�non y w4ee�reol, m witneJJ y {rand and Seat /� of the City of neder��C//acc,d t`aii the 2 7t dae� o f Sep-temben, 1988 _/tltte�t: S/HOMER E. NA GEL Mayor S /CHRIS SERRES City of I%ed/ e rD a nd/ , Je xab t,ily Secretary 1 145 WHEREAS, Fire in the home disproportionately strikes the very young and the very old, and the majority of home fire deaths occur at,night, when victims are typically asleep; and WHEREAS, Early waring of fire is essential to life safety and minimal fire loss, and smoke detectors can be an important part of this early warning; and WHEREAS, Proper firesafety planning and preparedness include the regular maintenance and testing of smoke detectors in the home; and WHEREAS, The steps to ensure that smoke detectors work properly -- regular testing, replacing batteries and cleaning - -can be carried out easily; and WHEREAS, The Nederland Fire Department and the fire service of this State are dedicated to the safety of life and property of its protected citizens from the devastating effects of fire, and recognize the value of proper planning and preparedness before fire strikes; and WHEREAS, The members of the fire service are joined by the citizens of this community, and businesses, schools, service clubs and organizations in their fire prevention efforts; THEREFORE, I, Homer E. Nagel, Mayor of Nederland, Texas do hereby proclaim the week of October 9 - 15, 1988, as Fire Prevention Week. This week commemorates the Great Chicago Fire of 1871, in which 250 persons were killed, 100,000 were left homeless, and more than 17,400 buildings were destroyed. I call upon the people of Nederland to participate in activities at home, Iwork and school, and to do as the Fire Prevention Week theme for 1988 suggests, "A Sound You Can Live With...Test Your Smoke Detector!" In Witness Hereof, I hereunto set my hand this 27th day of September, the year of our Lord nineteen hundred and eighty- eight. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: O O S /W. E. SANDERSON .� W. E. Sanderson, City Attorney City of Nederland, Texas CZ Robert Bernstein, M.D. Commissioner of Health Texas Department of Health 1100 West 49th Street Austin, TX 78756 Dear Dr. Bernstein: Homer E. Nagel, Mayor Councilmen: R. D. Sawyer, Mayor Protem Mike Bourque, Cropo LeBlanc, Billy W. Doombos Howard McDaniel, City Manager P.O. Box 967 • Nederland, Texas 77627 • 409/727 -2711 NOTICE OF APPOINTMENT This is to advise you that the officials of the City of Nederland, Texas, at a regular or called meeting on September 27, 1988, have duly appointed Stanley G. Newsome, Jr., P.E., as consulting and designing engineer for the purpose of submitting engineering reports, planning material, plans and specifications, and for supervision of construction of closure of the Mid County Municipal League Landfill. Mr. Newsome is a registered professional engineer in good standing in accordance- with State statutes and has had experience in design and construction of similar facilities at the following locations: San Patricio County Municipal Landfill Citv of Beaumont Landfill Closure We herewith authorize you to review and comment on such reports, planning material, data, and plans and specifications on this proposed project as he may submit to you. cap-:1 ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas DATE: 9/27/88 1 147 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. October 11, 1988 The meeting was called to order by Councilman Michael R. Bourque at 3:00 p.m. on October 11, 1988. Members present were Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Homer E. Nagel and Council- man Robert D. Sawyer were absent.' A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to appoint Councilman Bourque as presiding officer for this regularly scheduled Council meeting. All Voted Aye. Councilman Bourque called for any corrections and /or additions to the minutes of the September 27, 1988 meeting. There being no questions and /or additions, a motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve the minutes of the September 27, 1988 meeting as written. All Voted Aye. Councilman Bourque presented Mrs. Kay Goad with a Proclamation declaring October 23 -29, 1988 as "State and National Physical Therapy Week" in the City of Nederland. ' A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve the Proclamation declaring October 23 -29, 1988 as "State and National Physical Therapy Week" in the City of Nederland. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the work on the Canal Avenue water tower is somewhat behind schedule. This matter was discussed with the Water Superintendent who indicated that the reason for the delay, in part, was the threat of Hurricane Gilbert. As a precaution, the tank was filled to insure adequate water supply in case of an emergency. The Water Superintendent recommended allowing extra working days to the contractor and recommended payment of Estimate No. 4 in the amount of $7,059.00. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to authorize payment of Estimate No. 4 in the amount of $7,059.00 to S.S.P.C., Inc. for painting of the Canal Avenue water storage tank. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the request for payment to Don Reichle & Associates in the amount of $852.02 for engineering services on the Canal Avenue water storage tank project is recommended by the staff. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to authorize payment in the amount of $852.02 to Don Reichle & Associates for engineering services in connection with the Canal Avenue water storage tank. All Voted Aye, Stirling Copp, Public Works Director, opened and read bids received for one trash truck. Bidders were as follows: J. K. Chevrolet, Nederland, Texas - $55,895.00 and Gulf States Crane & Equipment Co., Houston, Texas - $56,350.00. Mr. Copp then asked that the bids received be referred to the staff for tabulation with recommendation to be made at the next Council meeting. l 4 6 Minutes uontinuea, uctober ii, ivba A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to refer the bids received for one trash truck to the staff for tabulation with recommendation to be made at the October 25, 1988 Council meeting. All Voted Aye. Stirling Copp, Public Works Director, opened and read bids received for garbage containers. Bidders were as follows: Kirk Rotational Molding, Inc., - Two hundred 90 gallon containers /$53.18 ea., one hundred 300 gallon containers/ $118.92 ea.; Kelley -Green Industries - Two hundred 90 gallon containers /$61.82 ea., no bid on 300 gallon containers; TMI Equipment - Two hundred 90 gallon containers /$64.70 ea., no bid on 300 gallon containers; Reuter, Inc. - Two hundred 90 gallon containers /$66.00 ea., one hundred 300 gallon containers/ $142.00 ea.; Snyder Industries, Inc., - Two hundred 90 gallon containers /$66.98 ea., one hundred 300 gallon containers /$146.55 ea.; Industrial Disposal Supply Co. - Two hundred 90 gallon containers /$72.45 ea., one hundred 300 gallon containers /$141.75 ea. and Total Incorporated - Two hundred 90 gallon con - tainers /$74.84 ea., no bid on 300 gallon containers. Mr..Copp then asked that the bids be referred for tabulation with recommendation to be made at the next Council meeting. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to refer bids received for two hundred 90 gallon containers and one hundred 300 gallon containers to the staff for tabulation with recommendation to be made at the October 25, 1988 Council meeting. All.Voted Aye. D. E. Sosa, City Manager, informed the Council that the bids received for one garbage truck have been tabulated and that it is the staff's recommendation to award the bid to RAnd Automated Compaction Systems, Inc. in the amount of $99,799.00. He added that Rand is the low bidder and that the City has had good experience and service with other garbage trucks purchased through his company. ' A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to accept the staff's recommendation to award the bid for one garbage truck to Rand Automated Compaction Systems, Inc. in the amount of $99,799.00. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the City's investments are secured above the $100,000 Federal Deposit Insurance Corporation limit by safekeeping receipts pledged by NCNB. NCNB asked to be allowed to place these safekeeping receipts in the Federal Reserve Bank of Dallas. In order to do so, an appligatioi� to the Federal Reserve Bank of Dallas for the holding . of securities in joint safekeeping will need to be signed by the City Secretary. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to approve signing an application.to the Federal Reserve Bank of Dallas for the holding of securities in joint safekeeping. Councilman Bourque and Council- man LeBlanc Voted Aye. Councilman Doornbos abstained due to a possible conflict of interest as a Director on the Advisory Board for NCNB. According to Section 3.09 of the City Charter, an abstention will be recorded as a "No" vote. Councilman Bourque asked for any questions and /or comments regarding payment of the monthly bills as presented by the Treasurer. After a discussion relative to some of the larger expenditures, a motion was made by Councilman LeBlanc and seconded by Councilman Bourque to authorize payment of the September bills as presented by the Treasurer. All Voted Aye. There being no legal or personnel matters, a motion was made by Councilman Bourque and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. 149 There being no discussions or communications in relation to City government, the meeting was adjourned at 3:40 p.m. by Presiding Officer Bourque on Octo- ber 11, 1988. Michael R. Bourque, Presikilk Officer City of Nederland, Texas ATTEST (�z� ,- LA Ala Chris Serres, ity Secretary City of Neder and, Texas 1 150 WHEREAS, Physical Therapy in the State of Texas is a dynamic and rapidly growing profession and is a vital part of the total care for Texans who have disability or pain as a result of trauma, disease or birth defect; and, WHEREAS, the objectives of physical therapy treatment are prevention of disability and pain, restoration of function, relief of pain, promotion of healing and adaption to permanent disability, so that those served by physical therapists and physical therapist assistants may again become functioning members of society; and, WHEREAS, Physical Therapists and Physical Therapist Assistants function in a variety of settings within the community and strive toward maintaining a caring, concerned personal relationship with each person receiving treatment; and, WHEREAS, the Texas Physical Therapy Association has represented the professional concerns of Texas Physical Therapists and Physical Therapist Assistants since its beginning in 1930; NOW, THEREFORE, I, Homer E. Nagel, Mayor of the City of Nederland, Texas, do hereby proclaim October 23 - 29, 1988 as "STATE AND NATIONAL PHYSICAL THERAPY WEEK" and I ask all of the citizens to join me in this observance. IN WITNESS WHEREOF I have hereunto set my hand and caused the Seal of the City of Nederland to be affixed this day of , in the Year of our Lord, 1988. Uw-�� A,(AA� Chris Serres,'City Secretary "Rdb-ert Sawyer, Mayor ro -Tem City of Nederland, Texas 1 1 1 151 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. October, 25 1988 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on October 11, 1988. Members present were Mayor Homer E. Nagel, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Councilman Robert D. Sawyer was absent due to his work schedule. Mayor Nagel called for additions and /or corrections to the minutes of the October 11, 1988 Council meeting. Councilman Doornbos stated that on Page 146 of Volume XVI of the minutes, the motion to approve signing an application to the Federal Reserve Bank of Dallas for the holding of securities in joint safekeeping does not reflect his decision to abstain due to a possible conflict of interest as Director on the Advisory Board for NCNB. He also pointed out that on the previous page a typographical error was made when recording the amount bid by Gulf States Crane & Equipment Co. The figure should have read $56,350.00 instead of $55,895.00. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to approve the minutes of the October 11, 1988 meeting contingent upon the two aforementioned ' corrections being made. All Voted Aye. Mayor Nagel welcomed the Badgers Pack #9 from Lumberton to the Council meeting. He then explained the format of the Council meeting and welcomed any questions and /or comments. Mr. D. E. Sosa, City Manager, informed the Council that the lawsuit between G. R. Grier and the City has been settled. The request for payment in the amount of $1,250.00 is the final payment due to Moore, Landrey, Garth and Jones, attorneys representing the City of Nederland in this lawsuit. Mr. Sosa then recommended payment, adding that the total cost to the City of Nederland in this lawsuit was $5,600.00. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to authorize payment in the amount of $1,250.00 to Moore, Landrey, Garth and Jones for settlement of the G. R. Grier lawsuit. All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that bids received for garbage containers have been tabulated and that the staff is recommending the low bidder, Kirk Rotational Molding, Inc., in the amount of $22,528.00. Mr. Sosa added that Kirk Rotational was the low bidder on both the 90 gallon and the 300 gallon con- tainers. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to award the bid for two hundred 90 gallon garbage containers and one hundred 300 gallon garbage containers to Kirk Rotational Molding, Inc. in the amount of $22,528.00. All Voted Aye. The City Manager then informed the Council that the staff is recommending awarding the bid received for one trash truck to J. K. Chevrolet in the amount of $55,895.00. C� G) Minutes Continued October 25, 1988 He reminded the Council that there were some questions as to whether or not the City would purchase a new trash truck this year with the pending closure of the landfill. However, the State has indicated that it may be possible to keep the landfill operational for approximately twelve months. Since the City will be pciking up trash for this length of time, the Public Works Director is recommending purchasing a new truck, stating that the trash truck now being used is not expected to remain operational for that length of time. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to award the bid for one trash truck to the low bidder, J. K. Chevrolet, in the amount of $55,895.00. All Voted Aye. Mr. Dave Perrell, Engineer with d. p. Consulting Engineers, briefed the Council relative to grant monies available for sewer rehabilitation. He informed the Council that the E.P.A. is in the process of allocating a certain amount of funds to each State, which is to be placed in a revolving loan fund, to be used for sewer rehabilitation projects. At the present time, the State will loan the money at 4% interest. The loan will cover the full cost of the facility to be constructed. One condition to get this money from the E.P.A. to the State is that each State must develop an intended use plan. He stated that the cities requesting funds through this program must use the funds within one year. He went on to explain that in order for the City of Nederland to be included on the Texas Water Development Board Fiscal 1989 Intended Use Plan, a resolution will need to be passed by the City Council stating that the City will meet all Federal and State requirements. He went on to say that the refunding of this loan will be on a straight -line projection over a twenty year period. After a full discussion, a motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve a resolution requesting to be included on the Texas Water Development Board Fiscal Year 1989 Intended Use Plan. All Voted Aye. Mr. D. E. Sosa, City Manager, stated that the request for payment in the amount of $229.22 to Butler and Casstevens represents the City of Nederland's apportion- ment of billings in the Gulf States Utilities rate case. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve payment in the amount of $229.22 to Butler and Casstevens, which represents the City of Nederland's apportionment of billing in the Gulf States Utilities rate case. All Voted Aye. There being no legal or personnel matters, a motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session. All Voted Aye. Discussion Items: 1. Councilman Bourque reported that the street light in the curve on South 13th Street is concealed by tree limbs. 2. Councilman Doornbos thanked the City Manager and staff for their help relative to the weed problem at the corner of Gary and 36th Street. 3. Councilman Doornbos also reported that on Avenue A, between Hardy Avenue and 32nd Street, there are no street lights and asked the Public Works Director to look into this matter. 4. Councilman Doornbos also asked the City Manager to draft a letter thanking the Knights of Columbus for the gumbo dinner they hosted for City employees. Minutes Continued October 25, 1988 There being no further business, the meeting adjourned at 7:20 p.m. �1 ATTEST: I✓ Chris Serres(hris Serres, City City of Nederland, Texas 1 u Homer E. Nagel, Mayor - City of Nederland, Texas 153 154 1 r r 155 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. November 8, 1988 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on Novem- ber 8, 1988. Members present were Mayor Homer E. Nagel, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Councilman Robert D. Sawyer was absent due to his work schedule. Mayor Nagel called for corrections and /or additions to the minutes of the October 25, 1988 meeting. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the minutes of the October 25, 1988 meeting. All Voted Aye. Comments were received from Mr. Marvin Kebodeaux relative to a proposal sub- mitted on behalf of the Nederland Heritage Festival Foundation regarding the donation of property to the City of Nederland. Mr. Kebodeaux explained to the Council that the Heritage Festival would like to purchase the property located at 1523 Boston Avenue, Lots 1, 2 & W 2' of Lot 3, Block 1, J. B. Cooke Addition, for the purpose of placing covered picnic tables to serve as an eating and resting area for Festival goers. However, the Heritage Foundation has no desire to own real property and therefore would like to donate this ' property to the City. The Heritage Festival would then lease this property from the City. A full discussion followed relative to the terms of a lease agreement and the upkeep of- this park area. It was decided to have the City Manager, City Attorney, and a representative from the Heritage Festival draw up an agreement that would satisfy both parties and to report back to the Council at the next regularly scheduled Council meeting. Chief Neal opened and read bids received for one 1989 police car. Bidders were as follows: J. K. Chevrolet - $13,279.79; Philpott Ford - $13,186.00; and Energy Country Ford - $13,358.00. Chief Neal then asked that the bids be referred to the City Manager and staff for tabulation with recommendation to be made at a later date. A motion was made by Mayor Nagel and seconded by Councilman Bourque to refer bids received for one 1989 police car to the City Manager and staff for tabu- lation with recommendation to be made at a later date. All Voted Aye. Mr. D. E. Sosa, City Manager, updated the Council relative to the Canal Avenue water tower. He stated that although the water tower is complete, Mr. Don Reichle has not submitted a final estimate nor has he made an inspection of the tower. Mr. Sosa emphasized that he would like to exercise caution in authorizing the final payment by stipulating that final payment would be made contingent upon final inspection and the proper paper work being submitted by Mr. Reichle. 15 ;� Minutel Continued, November B, 1966 A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize payment of Estimate No. 5 and final in the amount of $17,113.00 for painting of the Canal Avenue water tower contingent upon Mr. Reichle pre- senting a final inspection report to the City. All Voted Aye. Mayor Nagel called for questions concerning the monthly bills as presented by the Treasurer. Mr. Sosa, City Manager, gave a brief overview of the expenditures that seemed unusually higher than normal. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve the payment of bills for the month of October. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session. All Voted Aye. Discussion Items: 1. Mr. Sosa, City Manager, stated that Mr. Reichle has proposed to paint an illuminated silhouette of a bulldog face on the Canal Avenue water tower providing that the high school students supply the logo and asked if the Council had any objections. The Council encouraged Mr. Reichle to pursue this project. 2. Mr. Sosa, City Manager, informed the Council that he received a letter from the Health Department accepting the landfill closure plan with only a few modifications to be made in the plan. He also informed the Council that the State has allowed the Mid County Municipal League Landfill to ' remain open until September of 1989. He added that the engineer is in the process of writing specifications for closure of the landfill. There being no further business, the meeting was adjourned by Mayor Homer E Nagel at 3:30 p.m. on November 8, 1988. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: L� A At/,' Chris Serre , City Secretary City of Nederland, Texas 1 157 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 22, 1988 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on Oct- ober 27, 1988. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the November 8, 1988 meeting. A motion was made by Councilman Bourque and seconded by Mayor Nagel to approve the minutes of the November 8, 1988 meeting as written. All Voted Aye. In accordance with Ordinance No. 70, Mayor Nagel announced applicants for "on premise" consumption permits as follows: The City Manager informed the Council that the applications will be turned over to the Police Department for investigation with recommendation for approval to be made at the last Council Meeting in December. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to accept the applications for "on premise" consumption as presented the Mayor. All Voted Aye. Mr. D. E. Sosa, City Manager, reminded the Council that, at the September 13 Council Meeting, bids were received for the construction of water and sewer lines in Christina Court Section 3 and were turned over to Fittz and Shipman for tabulation and recommendation. The bids have been tabulated and Fittz and Shipman are recommending that the bids be awarded to the low bidder, John Bankston, in the amount of $30,970. Mr. Sosa also informed the Council that the Developer has submitted a letter of credit and that the staff is recommending awarding the bid to John Bankston. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to accept Fittz and Shipman's recommendation to award the bid for the construction of water and sewer lines in Christina Court Section 3 to the low bidder, John Bankston, in the amount of $30,970. All Voted Aye. 1. American Legion Post 493 7. Pizza Inn 2. Irene's Lounge 8. Taco Rey 3. LaSuprema 9. The Schooner 4. 5. Mazzio's Pizza Linder's Bar B Que 10. 11. Novrozsky's The Golden Lion ' 6. Bayou House The City Manager informed the Council that the applications will be turned over to the Police Department for investigation with recommendation for approval to be made at the last Council Meeting in December. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to accept the applications for "on premise" consumption as presented the Mayor. All Voted Aye. Mr. D. E. Sosa, City Manager, reminded the Council that, at the September 13 Council Meeting, bids were received for the construction of water and sewer lines in Christina Court Section 3 and were turned over to Fittz and Shipman for tabulation and recommendation. The bids have been tabulated and Fittz and Shipman are recommending that the bids be awarded to the low bidder, John Bankston, in the amount of $30,970. Mr. Sosa also informed the Council that the Developer has submitted a letter of credit and that the staff is recommending awarding the bid to John Bankston. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to accept Fittz and Shipman's recommendation to award the bid for the construction of water and sewer lines in Christina Court Section 3 to the low bidder, John Bankston, in the amount of $30,970. All Voted Aye. 1-5 g Minuteg Continued, November 22, 1988 The City Manager informed the Council that the staff is recommending payment to Don Reichle and Associates in the amount of $2,132.83 for engineering ser- vices in connection with the Canal Avenue water tower. He further informed the Council that the total paid to Don Reichle is approximately $800 more than originally discussed. However, the project went over the alotted time by sixty (60) days and there were a number of problems involving the contractor that Mr. Reichle was instrumental in getting solved. Mr. Sosa added that the $2,132.83 figure represented engineering work for the months of October and November and that the total paid to Mr. Reichle, including this payment, is $5,073, which is about 8}% of the total project. The tower has been inspected and recommendation is being made to authorize payment to Mr. Reichle. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to authorize payment in the amount of $2,132.83 to Don Reichle and Associates for engineering services in connection with the Canal Avenue water tower. All Voted Aye. The City Manager informed the Council that the Mid County Municipal League is prepared to begin taking bids for furnishing and installing clay to cover the original landfill site. This action is in conjunction with the State order to have the landfill closed by September of 1989. Mr. Sosa stated that, as the first step toward closing the landfill, he would like permission to advertise for bids on behalf of the Mid County Municipal League Landfill for 100,000 c.y. of clay and 33,400 c.y. of top soil. He stated that the clay and top soil will be used to cover that portion of the landfill that is no longer being used, which represents approximately 1/5 - 1/4 of the closure project. Mr. Sosa then elaborated on the plans of the Mid County Municipal League, which include receiving bids for the clay and top soil the first Council Meeting in December, then calling a Mid County Municipal League meeting the following Wednesday to discuss and tabulate the bids and to report back to the ' Council at the next City Council meeting with a recommendation. The Cities of Groves and Port Neches would follow suit with their respective City Councils. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to authorize advertisement for bids to be received December 13, 1988 at 3:00 p.m. for furnishing and installing approximately 100,000 c.y. of clay and 33,400 c.y. of top soil for the Mid County Municipal League Landfill. All Voted Aye. The City Manager informed the Council that the staff is prepared to receive bids for two (2) 1989 8 -yard dump trucks for the Street Department. He added that the two trucks are replacement trucks and that this is a budgeted item. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize advertisement for bids to be received December 13, 1988 at 3:00 p.m. for two 8 -yard dump trucks for the Street Department. All Voted Aye. The City Manager informed the Council that he and the City Attorney met with Mr. Marvin Kebodeaux to discuss the Heritage Festival Foundation's proposal to donate land to the City of Nederland and, in turn, lease it back from the City. Mr. Sanderson, City Attorney, advised that it is legal to accept a do- nation of this type and to lease it back to the Foundation. However, the City can only lease this land to the Heritage Festival Foundation in five (5) year increments. Mr. Sosa stated that, if the Council is in agreement to pursue this proposal, he and the City Attorney would meet with Marvin Kebodeaux to draw up a lease agreement and would report back to the Council at a later date. n-uluues uonuinuea, Novemoer tt, iyaa 159.1 A motion was made by Mayor Nagel and seconded by Councilman Doornbos to authorize the City Manager and the City Attorney to work with the Nederland Heritage Festival Foundation on an agreement whereby the Heritage Festival would donate the property to the City and the City would, in turn, lease the property back to the Heritage Festival Foundation and to report back to the Council after an agreement has been worked out. All Voted Aye. The City Manager informed the Council that Kenneth Meaux has requested to attend the 2nd Annual Texas Aquatics Conference which will be held December 11 -13, 1988 at Texas A & M University. Although this is not a budgeted item, the City Manager stated that he highly recommends sending Mr. Meaux to this conference so that he can better acquaint himself with safety and health procedures used by other cities. The City Manager added that there are funds available from another account to send the Parks Director to this conference. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize Kenneth Meaux, Parks Director, to attend the 2nd Annual Aquatics Conference to be held December 11 -13, 1988 at Texas A & M University. All Voted Aye. Mayor Nagel called for a recess in the regular meeting at 7:00 p.m. to hold an Executive Session. The regular meeting was called back to order at 7:30 p.m. by Mayor Nagel. Mayor Nagel explained that the Executive Session was called to discuss a personnel item involving the appointment of a City Manager. A motion was made by Mayor Nagel and was seconded by Councilman LeBlanc to appoint Mr. D. E. Sosa City Manager. All Voted Aye. Discussion Items: 1. Mayor Nagel informed the Council that he received a letter from SET, Inc. acknowledging and thanking the City of Nederland for their con- tribution of $2,500. 2. Dave Perrell, Engineer with d.p. Consulting Engineers, informed the Council that the City of Nederland is on the priority list for the grant application submitted relative to the inflow and infiltration rehabilitation. There being no further business, the meeting was adjourned at 7:35 p.m. by Mayor Homer E. Nagel. Romer E. Nagel, MayorV City of Nederland, Texas ATTEST: Chris Serres, ity Secretary City of Nederland, Texas 160 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. December 13, 1988 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on the 13 day of December, 1988. Members present were Mayor Homer. E. Nagel, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Councilman Robert D. Sawyer was absent due to his work schedule. Mayor Nagel called for any corrections and /or additions to the minutes of the November 22, 1988 Council meeting. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to approve the minutes of the November 22, 1988 Council meeting as written. All Voted Aye. Mayor Nagel called for the opening and reading of bids received for furnish- ing and installing approximately 100,000 c.y. of clay and 33,400 c.y. of top soil for Phase I of the Mid County Municipal League Landfill closure project. Mr. George Newsome, Engineer, opened and read bids received. The three low bidders were as follows: Excavators and Construtors, Beaumont, Tx - $3.23 per c.y. for clay and $3.23 per c.y. for top soil; John Bankston Construction Company, Beaumont, Tx - $3.74 per c.y. for clay and $3.74 per c.y. for top I soil; Marvin Material Co., Orange, Texas - $4.90 per c.y. for clay and $4.90 per c.y. for top soil. After opening and reading bids received, Mr. Newsome asked that the bids be referred to the staff for tabulation with recommendation to be made to the Mid County Municipal League at the next league meeting. Recommendations will then be brought back to the City Council for award at the next regularly sched- uled Council meeting. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to refer bids received for furnishing and installing approximately 100,000 c.y. of clay and 33,400 c.y. of top soil for the Mid County Municipal League landfill to the staff for tabulation with recommendation to be made at the next regularly scheduled Council meeting. All Voted Aye. Mayor Nagel called for the opening and reading of bids received for two (2) 1989 8 -yard dump trucks for the Street Department. Mr. Stirling Copp, Public Works Director, opened and read bids received for two (2) 1989 8 -yard dump trucks. The three bidders were as follows: Energy Country Ford, Port Arthur, Tx - $34,320.00; J. K. Chevrolet, Beaumont, Tx - $38,324.34; and ChevyLand, Beaumont, Tx - $45,562.26. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to refer bids received for two (2) 1989 8 -yard dump trucks to the staff for tabulation with recommendation to be made at the next regularly scheduled Coun- cil meeting. All Voted Aye. P1111LLLC6 1.UILL111ueQ, LeCemDer 1,5, 1`iao Mr. D. E. Sosa, City Manager, informed the Council that the Police Department recommended awarding the bid to Philpott Ford in the amount of $13,186 for one (1) 1989 police car. He added that Philpott Ford was the low bidder. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to award the bid for one (1) 1989 police car to Philpott Ford in the amount of $13,186. All Voted Aye. Mr. Sosa informed the Council that recommendation is being made to accept the Fiscal 1987 -1988 Audit as presented by Mr. Everette W. Browning, Auditor and to approve payment to Mr. Browning in the amount of $5,150. He added that Mr. Browning will be available upon request to review the audit. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to accept the Fiscal 1987 -1988 Audit as presented by Mr. Everette W. Browning and to authorize payment to Mr. Browning in the amount of $5,150. All Voted Aye. Mr. Sosa, City Manager, informed the Council that the request to advertise for bids for 250,000 garbage bags is a routine item and that it is, once again, time to replenish the City's supply. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to authorize the advertisement for bids to be received January 10, 1989 at 3:00 p.m. for 250,000 garbage bags. All Voted Aye. The City Manager informed the Council that the request to approve an agreement between the City of Nederland and the Nederland Heritage Festival Foundation relative to the Heritage Festival Foundation donating land to the City and leasing the land back from the City needed to be tabled at this time. He ex- 'plained that members of the Foundation have not reviewed the agreement at length and that Marvin Kebodeaux would contact the City when the Foundation was ready to proceed with the agreement. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to table approving the agreement between the City of Nederland and the Ned- erland Heritage Festival Foundation until the Heritage Festival Foundation members have the opportunity to review the agreement at length. All Voted Aye. Mr. Sosa, City Manager, then briefed the Council regarding the request to enter into an agreement with South Jefferson County Crime Stoppers, Inc. He explained that Vernon's Ann. Civ. St. Art. 4476 -15 §5.08 provides that money and property forfeited to the Police Department under the provisions of the Controlled Substance Act of the State of Texas shall be used for the investigation of any alleged violation of criminal laws of this State. Crime Stoppers, Inc. is requesting that 45% of the money forfeited to the City of Nederland as the direct result of a CRIME STOPPERS tip be paid to Crime Stoppers for use in paying rewards in accordance with its established practices. The other 55% of money confiscated would remain in the City limits to be used for investigations and for the prevention of drug abuse and treatment of persons with drugrelated problems. A motion was made by Councilman Bourque and seconded by Mayor Nagel to authorize the City of Nederland to enter into an agreement with Mid and South Jefferson County Crime Stoppers, Inc. whereby the City of Nederland will donate 45% of money forfeited to the Police Department as a direct result of a Crime Stoppers tip to Crime Stoppers for use in paying rewards in accordance with its established practices. All Voted Aye. 161 162 The City Manager 'informed the Council that recommendation is being made for the payment to Mr. Dave Perrell, d.p. Consulting Engineers, in the amount of $3,199.83 for engineering services performed in connection with the inflow and infiltration rehabilitation project. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve payment to Mr. Dave Perrell, d.p. Consulting Engineers, in the amount of $3,199.83 for engineering services performed in connection with the inflow and infiltration rehabilitation project. The City Manager discussed with the Council the request for payment of utilities in the amount of $1,096.46 for the Senior Babe Ruth League at Nederland High School. He informed the Council that the City of Nederland entered into an agreement with the Babe Ruth League to pay utilities up to $2,000. However, since this agreement was signed, Babe Ruth has split into two leagues - a Senior Babe Ruth League using the Metreyeon Field at the High School and the Babe Ruth League using the Park Street ball park. The City of Nederland has paid the utilities for the Park Street ball park, but since this league was split, request is now being made to pay utilities for the Metreyeon Park also. Mr. Sosa then stated that although funds are not available in the account set up to pay these utilities, the City does have funds available from another account. He added that, next year, a set amount will be determined to pay utilities between these two parks if the Council so desires. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to pay utilities in the amount of $1,096.46 for the Senior Babe Ruth League at the Metreyeon Ball Park. All Voted Aye. Mayor Nagel called for any questions and /or comments relative to the payment of the monthly bills as presented by the City Treasurer. ' After a review of the monthly bills, a motion was made by Mayor Nagel and seconded by Councilman Bourque to approve payment of the bills for the month of November. All Voted Aye. Mayor Nagel called a recess in the regular meeting at 3:50 p.m. for the purpose of conducting an Executive Session. The regular meeting was called back to order at 4:10 p.m. by Mayor Nagel. Mayor Nagel explained that the City Manager briefed the Council on possible litigation involving the City and on personnel changes made in the Administrative Department. He added that no action on either of these items is necessary. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to table the Executive Session relating to legal and personnnel matters. All Voted Aye. Discussion Items: 1. Councilman Bourque asked the Public Works Department to determine whether or not there is a need for a street light @ Avenue A and South 14 Street. 2. Councilman Bourque also asked the Public Works Department to trim trees around stop signs throughout the City. 3. Councilman Doornbos asked for an update relative to health inspections of local restaurants. rili,uL.et3 tuuLluue(1, uecemoer i-), iyoo The City Manager responded that a Public Hearing is set for the first Council meeting in January to discuss the issue of inspections for food establishments within the Mid County Municipal League. There being no further business, the meeting was adjourned at 4:17 p.m. by Mayor Homer E. Nagel. ATTEST Chris Serres, Gity Secretary City of Nederland, Texas U Homer E. Nagel, Mayor City of Nederland, Texas 163 K 164 { REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 27, 1988 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, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the December 13, 1988 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the minutes of the December 13, 1988 meeting as written. All Voted Aye. Mayor Nagel welcomed Boy Scout Troop 422 and Scout Master Jerry Kelley to the meeting but will wait until more scouts arrive before going over the format of a city council meeting. Mr. D. E. Sosa, City Manager, informed the Council that bids received for furnishing and installing approximately 100,000 c.y. of clay and 33,400 c.y. of top soil for the Mid County Municipal League Landfill have been tabulated and that the staff is recommending the low bidder, Excavators and ' Constructors, Inc., in the amount of $3.23/c.y. for clay and $3.23/c.y. for top soil contingent on approval of Groves and Port Neches' City Council. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to award the bid for furnishing and installing approximately 100,00 c.y. of clay and 33,400 c.y. of top soil for the Mid County Municipal League Landfill contingent on approval of Groves and Port Neches' City Council to Excavators and Constructors, Inc., in the amount of $3.23/c.y. for clay and $3.23/c.y. for top soil. All Voted Aye. The City Manager then informed the Council that the staff is recommending awarding the bid for two (2) 1989 8 -yard dump trucks for the Street Department to Energy Country Ford with the trade -in of one (1) 1980 Ford dump truck and one (1) 1982 Ford dump truck in the amount of $34,320.00. ' A motion was made by Councilman Doornbos and seconded by Councilman Bourque to award the bid for two (2) 1989 8 -yard dump trucks for the Street Department to the low bidder, Energy Country Ford, in the amount of $34,320.00. All Voted Aye. At this time Mayor Nagel once again welcomed Boy Scout Troop 422 and Scout Master Jerry Kelley to the meeting. Mayor Nagel went over the items already discussed and briefly explained each to the scouts. Mr. D. E. Sosa, City Manager, informed the Council that Barbara Newberry, Librarian, expressed interest in the Council adopting Ordinance No. 394 making it a misdemeanor to intentionally or knowingly fail to return library Minutes Continued, December 27, 1988 Mr. D. E. Sosa, City Manager, recommended approval of a Resolution of Intergovernmental Cooperation stating the City of Nederland's support for Jasper County in their application for E.D.A. Technical Assistance Program for funds for a regional resource recovery feasibility study. Mr. Sosa volunteered himself, upon approval of the Resolution, to be named as our representative on the Deep East Texas Resource and Recovery Advisory Committee. Councilman Bourque and Councilman Doornbos expressed concern that by approving this resolution we would not wart the City of Nederland to be under any obligations. Mr. Sosa informed the Council that by approving this resolution would in no way obligate the City of Nederland to anything other than expressing support. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve a Resolution of Intergovernmental Cooperation that would show the City of Nederland's support for Jasper County in their application for E.D.A. Technical Assistance Program for funds for a regional resource recovery feasibility study. All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that the time has come for Nederland, Port Neches and Groves to have their own health inspections for food establishments within the Mid County Municipal League. Mr. Sosa stated that we have relied on Jefferson County in the past but now that we have so many food establishments it appears the citizens would benefit from these inspections. Mr. Sosa recommends the City of Nederland conduct a Public Hearing to be held January 24, 1989, at 6:30 p.m. to discuss the issue of health inspections. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc calling a Public Hearing to be held January 24, 1989 at 6:30 p.m. to discuss the issue of health inspections for food establishments within the Mid County Municipal League. All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that all applicants for "on premise" consumption of alcoholic beverages have been investigated by the police department and all are being recommended for approval. Mr. Sosa also stated that two (2) of the applicants, Bayou House and Linder's Bar B Que, were destroyed by fire in 1988 but both are rebuilding. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 165 materials to the library. Mr. Sosa stated that most of the other area cities have such an ordinance. Mr. Sosa then read the ordinance. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve Ordinance No. 394 making it illegal to intentionally or knowingly fail to return library materials to the D. Bob Henson Memorial Library. All Voted Aye. Mr. D. E. Sosa, City Manager, recommended approval of a Resolution of Intergovernmental Cooperation stating the City of Nederland's support for Jasper County in their application for E.D.A. Technical Assistance Program for funds for a regional resource recovery feasibility study. Mr. Sosa volunteered himself, upon approval of the Resolution, to be named as our representative on the Deep East Texas Resource and Recovery Advisory Committee. Councilman Bourque and Councilman Doornbos expressed concern that by approving this resolution we would not wart the City of Nederland to be under any obligations. Mr. Sosa informed the Council that by approving this resolution would in no way obligate the City of Nederland to anything other than expressing support. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve a Resolution of Intergovernmental Cooperation that would show the City of Nederland's support for Jasper County in their application for E.D.A. Technical Assistance Program for funds for a regional resource recovery feasibility study. All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that the time has come for Nederland, Port Neches and Groves to have their own health inspections for food establishments within the Mid County Municipal League. Mr. Sosa stated that we have relied on Jefferson County in the past but now that we have so many food establishments it appears the citizens would benefit from these inspections. Mr. Sosa recommends the City of Nederland conduct a Public Hearing to be held January 24, 1989, at 6:30 p.m. to discuss the issue of health inspections. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc calling a Public Hearing to be held January 24, 1989 at 6:30 p.m. to discuss the issue of health inspections for food establishments within the Mid County Municipal League. All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that all applicants for "on premise" consumption of alcoholic beverages have been investigated by the police department and all are being recommended for approval. Mr. Sosa also stated that two (2) of the applicants, Bayou House and Linder's Bar B Que, were destroyed by fire in 1988 but both are rebuilding. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 165 1 Minutes Continued, December 27, 1988 1. American Legion Post 493 7. Pizza Inn 2. Irene's Lounge 8. Taco Rey 3. LaSuprema 9. The Schooner 4. Mazzio's Pizza 10. Novrozsky's 5. Linder's Bar B Que 11. The Golden Lion 6. Bayou House All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that payment to Mr. Dave Perrell, d.p. Consulting Engineers, in the amount of $1,072,53 is being recommended. He added that this payment is for engineering services performed in connection with the sanitary sewer survey. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve payment to Mr. Dave Perrell, d.p. Consulting Engineers, in the amount of $1,072.53 for engineering services performed in connection with the inflow and infiltration rehabilitation project. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Councilman Doornbos and seconded by Councilman Bourque to table the Executive Session relating to legal and personnel matters. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to table receiving comments from Mrs. Marion Quinn relative to a violation of Ordinance No. 78, Section 5, due to her absence. All Voted Aye. I Discussion items: 1. Councilman LeBlanc reported that there has been a barricade left on the side of the road near 15th Street @ Franklin. He does not believe it is the city's but would like it check into. 2. Councilman Doornbos took this opportunity to congratulate Fire Chief Mike Lovelady for his appointment to the directors of the Sabine Neches Chiefs' Association. There being no further business, the meeting adjourned at 7:10 p.m. Homer E. Nagel, Mayor City of Nederland, Texas' ATTEST: La onna Floyd, Acti g ity Secretary City of Nederland, Texas ORDINANCE NO. 394 AN ORDINANCE MAKING IT ILLEGAL TO INTENTIONALLY OR KNOWINGLY FAIL TO RETURN LIBRARY MATERIALS TO THE D. BOB HENSON MEMORIAL LIBRARY, NEDERLAND, TEXAS, AND PROVIDING A PENALTY THEREFOR. 167- 00 WHEREAS, the City Council of the City of Nederland, Texas deems it in the best interest of the citizens of the City of Nederland to make it illegal to intentionally or knowingly fail to return library materials to the D. Bob Henson Library, Nederland, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDER- LAND, TEXAS: 1. A person commits an offense if he intentionally or knowingly fails to re- turn library materials to the D. Bob Henson Memorial Library, Nederland, Texas which were loaned to the actor or borrowed in the actor's name. 2. The actor's intent and knowledge shall be presumed if: a. Pursuant to agreement, the library materials were to be returned on a date specified; b. Actual notice is given or notice, in writing, is sent by depositing in the United States mail said notice addressed to the actor at his or her add- ress shown on the records of the library, stating that the library materials were not returned on the date specified; and, c. The library material is not returned to the owner within twenty (20) days of receipt of such notice. 3. If notice is given in accordance with Subsection 2 -b of this Ordinance, it is presumed that the notice was received no later than five (5) days after it was sent. 1 :b b 4. In prosecution under this Ordinance, it is no defense that the actor though the actual borrower, no longer possesses the library materials. 5. 01- In prosecution under this Ordinance, it is an affirmative defense that another borrowed the library material in the name of the actor, without his or her effective consent. 6. An offense under this Ordinance is a Class C misdemeanor and any person who shall violate any provision of the Ordinance shall, upon conviction, be punished by a fine not to exceed Two Hundred ($200.00) Dollars. Each day of the continuance of such violation shall be considered a separate offense and each and every day shall constitute a separate violation. 7. This Ordinance shall not act to repeal any of the remaining Sections ' or Chapters of the Code of Ordinances, and this Ordinance shall take effect from and after its passage and publication as required by law. PASSES BY A UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, this the 27 day of December, A.D., 1988. THE CITY OF NEDERLAND, TEXAS By: HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LADONNA FLOYD LaDonna Floyd, Acting City Secretary City of Nederland, Texas APPROVED: W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas OF 1 'd y INTERGOVERNMENTAL COOPERATION WHEREAS, the CITY OF NEDERLAND f.as cooperated with other units of local government in solving regional issues and providing regional programs to meet the needs of the area, and; WY.EREAS, the State requirements_ for solid waste management have increased the cost and liabilities of operating local solid-waste programs, and; WHEREAS, the County of Jasper is pursuing a regional solution to the solid waste issue that will provide a resource recovery facility and provide eco- nomic advantages to local industries, and; WHEREAS, the U. S. Department of Commerce Economic Development Administration has techical assistance funds for projects that are useful in alleviating ex- cessive unemployment and provides innovative approaches to stimulate economic development in rural areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF NEDERLAND 1. That the CITY OF NEDERLAND supports Jasper County in their application for EDA Technical Assistance Program Funds for a Regional Resource Recovery Feasibility Study. 2. That the CITY OF NEDERLAND participate and be included in this proposed Regional Study. 3. That the CITY OF NEDERLAND will cooperate with Jasper County and their representatives in providing information concerning this locality's solid waste program. 4. That D. E. Sosa be named as our representative on the Deep East Texas Resource and Recovery Advisory Com- mittee. PASSED AND APPROVED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THIS THE 27 DAY OF DECEMBER , 1988. Homer E. Nagel, Pfayo City of Nederland, Texas ATTEST: LaDonna.Floyd, Act g City Secretary (( // /5 City of Nederland, Texas 1 7 U 3:00 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS January 10, 1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on the 10 of January, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the December 27, 1988 meeting. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the minutes of the December 27, 1988 meeting as written. All Voted Aye. Mayor Nagel presented service pins to employees as follows: Arnold Prestridge, Water Department, 25 years service; Clyde Martin, Water Department, 20 years service; Mike Laurents, Pound Master, 20 years service; James Aldridge, Sanita- tion Department, 20 years service; and Harold Alston, Sanitation Department, 15 years service. Harold Alston, who was forced to take an early retirement due to health problems, was also presented with a watch as a token of the City's appreciation for the many years service he dedicated to the City. Mayor Nagel then commended all the employees for their dedication and service to the City of Nederland. D. E. Sosa, City Manager, then informed the Council that the staff is prepared to receive bids for one new or used articulate motor grader for the Street Department. He added that this piece of equipment is a budgeted item. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to authorize the advertisement for bids to be received January 24, 1989 at 6:30 p.m. for one new or used articulate motor grader. All Voted Aye. The City Manager then informed the Council that he has negotiated a new contract with Big Three Industries, Inc. relative to in -lieu of tax payments. He stated that the terms of the new contract are identical to the contract that is presently in force and added that, in light of the unstable economy of this area, he is well pleased with the outcome of his negotiations and does recommend approval. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the contract with Big Three Industries, Inc. for in -lieu of tax payments as negotiated by the City Manager. All Voted Aye. Tom Hicklin, Safety Officer, presented the 1988 Safety Report to the Council. He informed the Council that 1988 was an excellent year within all departments when compared to the last seven years. He added that, since the implementation of the safety program, total injuries and total loss working days due to acci- dents have been drastically reduced. Mr. Hicklin then commended all the employees for their contributions to making 1988 such a safe year. Mayor Nagel commended Tom Hicklin and all city employees for setting such a safety record for 1988 and added that the success of the safety program was reflected through the reduction of costs for workers' compensation insurance. 1 1 1 1'1111ULCS tUuLluueu, January iu, i7o7 The City Manager informed the Council that he received a letter from the Jefferson County Mosquito Control requesting authorization to fly at low levels in order to apply insecticides for the control of mosquitoes. He added that this is a yearly routine item. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to sign a waiver allowing 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 the City of Nederland. All Voted Aye. Mayor Nagel opened and read bids received for 250,000 garbage bags. The three low bidders were as follows: Jad Core, Terre Haute, IN, - $77.70/M; Arrow Industries, Dallas, TX, - $79.80/M; and Frontier Bag Co., Grandview, MI, - $86.35/M. The City Manager asked that the bids be referred to the staff for tabulation with recommenaatidri to be made' ai a later date: A motion was made by Councilman Doornbos and seconded by Councilman Bourque to refer bids received for 250,000 garbage ''bags to the City Manager; and staff for tabulation and recommendation. All Voted Aye. Mayor Nagel then called for any questions and /or comments regarding the list of monthly bills as "pres'ented by the Treasurer'. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to authorize payment of the bills for the month of December, 1988. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Mayor 'Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. Discussion Items: 1. Mayor Nagel stated that a trailer parked 'in the street @ 1415 18th Street was Ynterfering with traffic traveling on 18th Street. He added that the trailer was also full of trash. 2. Mr. Sosa informed the Council that, due to the Civil Defense meeting being scheduled for the week of February 13, Ordinance No. 164 will need to be amended to change the regularly scheduled meeting date of February 14 to either February 7 or February 21. He added that this item will be placed on the next agenda. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 3:35 p.m. Homer E. Nagel, Mayor City of Nederland, Texa §" ATTEST: Chris Serres City Secretary City of Nederland, Texas 1 .d 1 1'72 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. January 24, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on the 24 day of January, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Others in attendance were Boy Scout Troop 422; Joe Sudela, 3112 Avenue A; Mark Petersen, 1221 Nederland Avenue; Rick Short, 231 Atlanta Avenue; Robert Rothrock, 213 5th Street; Pam Knight, 1608 Avenue E; Vera Simmons, 1708 West Atlanta Avenue; and Jerry Kelly, 604 22nd Street. Mayor Nagel called for any questions and /or additions to the minutes of the January 10, 1989 meeting. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to approve the minutes of the January 10, 1989 meeting as written. All Voted Aye. Mayor Nagel welcomed Boy Scout Troop 422 to the Council meeting and briefly explained the format of the meeting. Mayor Nagel called a Public Hearing to order at 6:35 p.m. for the purpose of receiving comments and /or questions relative to health inspections for food , establishments within the city limits of Nederland. The Council received comments from seven citizens in attendance. Mr. Joe Sudela, Mr. Mark Petersen, Mrs. Pam Knight, Mrs. Vera Simmons and Mr. Jerry Kelly were in favor of having health inspections for food establishments within the City of Nederland. However, Mr. Sudela and Mr. Kelly both voiced concerns relative to charitable organizations selling food items (i.e. V.F.W., American Legion, Boy Scout Troops, etc.). They questioned the guidelines for setting up food sales for fund raising purposes. Mr. Short stated that he was against implementing health inspections for existing food establishments due to the burden of cost to these food establishments to meet the guidelines set out by the Health Department. Mr. Rothrock stated that he was against implementing health inspections for food establishments because he felt it would be too costly to the citizens of Nederland. Mayor Nagel informed the group in attendance that the City has not been given any guidelines, regulations or fee schedules at this time. He added that the purpose of this Public Hearing was to determine if the citizens of Nederland felt there was a need for such a program. He then briefly informed the citizens that the City has several options if a health inspection program is implemented, one being to contract with the County who has a health inspector on staff. A brief discussion period followed and it was decided to have the County Health Inspector present at the next City Council meeting to answer questions relative to the concerns that were expressed during this Public Hearing. Minutes uonrinueQ, January L4, 1yfbY The Public Hearing was adjourned by Mayor Homer E. Nagel at 7:07 p.m. on' the 24 day of January, 1989. Stirling Copp, Director of Public Works, opened and read bids received for one new or used articulate motor grader. Bidders were as follows: Hi -Way Equipment Co., Inc: $72,581.00 (new), $58,411.00 (used); Preco Machinery Sales, Inc. - $66,470.00 (new); Waukesha - Pearce Industries, Inc. - $38,000.00 (used); Mustang Tractor & Equipment Co. - $99,932.00 (new). The City Manager asked that the bids be referred to the staff for tabulation with recommendation to be made at the next Council meeting. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to refer bids received for one new or used articulate motor grader to the staff for tabulation and recommendation. All Voted Aye. D. E. Sosa, City Manager, stated that the amendment to Ordinance 164 changing the regularly scheduled Council meeting of February 14 to February 7 was placed on the agenda due to the conflict with the Emergency Management Seminar in Austin scheduled for the week of February 13. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve the amendment to Ordinance No. 164 changing the regularly scheduled Council meeting of February 14, 1989 to February 7, 1989. All Voted Aye. The City Manager then informed the Council that the bids received at the last City Council meeting have been 'tabulated and' if award was made to the low bidder, Arrow Industries in the amount of $79.80 Per /M, the City would have to increase the cost at which bags are presently being sold by $1'.00. He stated that, in an effort to keep the cost at the present $4.00 per roll, it is the consensus of the staff to reject all bids received and to re- advertise for bids to be received at the next Council meeting. A motion was made by Councilman Bourque and was seconded by Mayor Nagel to reject all bids received for 250,000 garbage bags and to re- advertise for bids to be received February 7, 1989 at 3:00 p.m. for 250,000 garbage bags. All Voted Aye. Mr. Sosa informed the Council that Hillcrest Baptist Church and Nederland South Little League have asked the City to renew their agreement relative to the payment of utilities, adding that this is a yearly routine item. A motion was made by Councilman LeBlanc and was seconded by Councilman Sawyer to authorize renewing the agreement with Hillcrest Baptist Church and Nederland South Little League relative to payment of utilities, up to but not exceeding $2,000. All Voted Aye. Mayor Nagel then called for a recess in the regular meeting at 7:30 p.m. in order to conduct an Executive Session. The regular meeting was called ,back,'td' ordadt' at 8:05 p.m. by Mayor Homer E. Nagel. Mayor Nagel announced that the City's Tax Attorney brought the Council up to date on some legal matters and that a personnel matter was discussed but no action is necessary on either item. 1 V 3 I 't 4 Minutep Continued, January 24, 1989 A motion was made by Mayor Nagel and was seconded by Councilman LeBlanc to table the Executive Session relative to. legal and personnel. matters. All Voted Aye. Discussion Items: 1. Councilman LeBlanc reported that the concrete" is breaking from around the manhole in front of the Shamrock Station on Hwy. 347. 2. Councilman Doornbos reported sewer problems at Memphis and 30th Street. 3. D. E. Sosa, City Manager, briefed 'the Council relative to the Texas Team City program. He informed the Council that this program is an effort by G.S.U. to help cities promote themselves to prospective businesses interested in moving to this area. Mark Peterson questioned the Council concerning a municipal tax that he receives on his telephone bill each month. He stated that he has contacted Southwestern Bell relative to this matter but they referred him to the City Council. Mayor Nagel explained that this tax is probably a tax added to cover franchise •fees.owed by Southwestern Bell., The City Manager stated- that he would contact Southwestern Bell to verify the use of this tax and would repor -t back to Mr. Petersen with,the information. Mr. Rick Short spoke to the Council relative to a weed problem. He stated that he was convicted of a •misdemeanor. in Municipal Court and was fined $50.00 because of .a violation of Ordinance No. 78, Weed Ordinance. He stated that he road around. his neighborhood and found several violations including violations that he felt were the City's responsibility. He added that, if he was going to be held liable to keep his property cleaned, the City should also take care of their responsibilities. (i.e. - Fire Hydrant located in front of his place of business on the corner of 3rd Street @ Nederland Avenue.) Mayor Nagel informed Mr. Short that the City Judge had the final decision and that the City Council did not get involved in court matters. The City Manager stated that he would have the Fire Department investigate the complaint relative to the fire hydrant. As an informational item, Chief Neal reported on the accident that occurred on 30th Street in Nederland which took the lives of two teenagers. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 8:30 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST:. LVUTA/d� L�ALII�_ Chris Serr s, City Secretary City of Nederland, Texas 1 1 F� AN AMENDMENT TO ORDINANCE NO.164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM JANUARY 24, 1989 THROUGH APRIL 25, 1989 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: February 7 March 14 April 11 the remainder of the meetings shall begin at 6:30 p.m. on the following dates: February 28 March 28 April 25 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED ��ND APPROVED by the City Council at a regular meeting this the day of V'y'/M,V,;i- 1989. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres; City Secretary City of Nederland, Texas 175 1:I` b REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 7, 1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on the 7th day of February, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any questions and /or additions to the minutes of the January 24, 1989 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the minutes of the January 24, 1989 meeting as written. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve the Proclamation declaring February 13 -19, 1989 as "Financial Aid Awareness Week" in the City of Nederland. All Voted Aye. Mr. Victor Bateman, Jefferson County Environmental Control, was present to answer any questions relative to health inspections for food establishments within the city limits of Nederland. Mr. Bateman stated that if the city contracted with the county to conduct the health inspections the same fee ' schedule and same number of yearly inspections would remain the same as they currently operate under. He also stated that all non - profit organizations would be required to have inspections but would not be charged the annual fee. All roadside vendors for profit and restaurants would be charged an annual fee based upon their size. Inspections are made at least twice per year, however, if they receive several complaints on a particular business they will make as many unexpected inspections as necessary until violation is corrected. These inspections could result in a $50.00 fine each time they are required to re- inspect. The Environmental Control currently inspects 55 establishments. Mr. Bateman stated that normally a city passes an ordinance then enters into a contract with the Jefferson County Environmental Control to make their inspections. After a brief discussion Mr. D. E. Sosa, City Manager, stated that he would get the council a copy of the model ordinance and the rules and regulations governing the food establishments for them to study and after discussing the issue with Port Neches and Groves on their views of contracting with the county will report back to the council. Mr. D. E. Sosa, City Manager, informed the Council that the staff is recommending awarding the bid for one used articulated motor grader to Waukesha - Pearce Industries in the amount of $38,000.00. Minutes Continued, February 7, 1989 A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to award the bid for one used articulated motor grader to Waukesha - Pearce Industries in the amount of $38,000.00. All Voted Aye. Mayor Nagel opened and read bids received for 250,000 garbage bags. The five bidders were as follows: Arrow Industries, Dallas, TX - $75.04/M; Industrial Plastics, Beaumont, TX - $166.50/M; Favorite Plastics, Monroe, LA - $73.82/M; Jadcore, Terre Haute, IN - $76.58/M; and Sanitary Supply, Beaumont, TX - $71.87/M. The City Manager asked that the bids be referred to the staff for tabulation with recommendation to be made at the end of the meeting. Mr. D. E. Sosa, City Manager, informed the Council that all three cities, Nederland, Port Neches and Groves are ready to receive bids for collection and disposal of garbage and trash of all three cities and recommended we receive bids at a Special Meeting to be held Tuesday, March 7, 1989 at 6:00 p.m. at Nederland City Office Building. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to authorize advertisement for bids to be received Tuesday, March 7, 1989 at 6:00 p.m. at a Special Meeting of the Nederland City Council to allow members of the councils of Port Neches and Groves to attend the opening of the bids. All Voted Aye. Mayor Nagel read the Election Order calling for an election to be held on May 6, 1989 for the purpose of electing two councilmen; one for Ward I and one for Ward III. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the Election Order calling for an election to be held May 6, 1989 for the purpose of electing two councilmen; one for Ward I and one for Ward III. All Voted Aye. Mayor Nagel read a resolution appointing Mrs. Luetta Powell Presiding Judge over the General Election to be held May 6, 1989. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to approve the resolution appointing Mrs. Luetta Powell Presiding Judge over the General Election to be held May 6, 1989. All Voted Aye. Mayor Nagel then called for any questions and /or comments regarding the list of monthly bills as presented by the Treasurer. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to authorize payment of the bills for the month of January, 1989. All Voted Aye. Mr. J. B. McKinney, City Treasurer, returned with the tabulated garbage bag bids and stated that Sanitary Supply did not meet the specifications and the low bidder was Favorite Plastics with a bid of $73.82/M. The City Manager stated that each roll would cost $4.03 and with handling charges the staff is recommending increasing the selling price by .50C and sell them for $4.50 /roll. The staff is also recommending awarding the bid to Favorite Plastics of Monroe, LA. 17V 1 .g p Minutes continued, reoruary i, iyuy A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to award the bids for 250,000 garbage bags to Favorite Plastics of Monroe, LA and to increase the price of each roll from $4.00 to $4.50. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Mayor Nagel and seconded by Councilman LeBlanc to table the Executive Session. All Voted Aye. Discussion Items: 1. Councilman Doornbos recommended that Nederland participate in the TEAMS cities for Gulf States Utilities. 2. Councilman Doornbos had two suggested topics for discussion on the talk show on radio KTFA. He suggested Gulf States Utilities and the closure of the landfill. Mr. Rothrock asked the Council why they did not require all areas businesses to clean up their business site as one plumbing company was forced to do two weeks ago. Also, he asked why he would have to file charges on someone whose dog is getting loose. He thought the City should be able to bring charges on the person whose dog is loose. Councilman Bourque informed Mr. Rothrock that the City does not have the manpower or finances to look all over town for violations. He informed him that we rely on citizen's complaints. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 4:00 p.m. Homer E. Nagel, Mayor ^� City of Nederland, Texas ATTEST: HO&M,l (i LaDonna Floyd,—Alltin ity Secretary City of Nederland, Texas 1 PROCLAMATION The City of Nederland, Texas has a strong commitment to the intellec- tual growth and career development of all its populace and has fostered the development of an impressive complement of post- secondary education and training. A network of student financial assistance programs consisting of grants, scholarships, loans and jobs, has provided access to educational and training opportunities for students each year. The Texas Association of Student Financial Aid administrators is con- ducting a series of information programs for parents, students and the general public to make them aware of the availability of financial assistance. Therefore, I, Homer E. Nagel, Mayor of Nederland, Texas do hereby designate February 13 -19, 1989 as IFINANCIAL AID AWARENESS WEEK in Nederland, Texas, and encourage parents, students, community leaders and educators to support and participate in appropriate activities. In official recognition whereof, I hereby affix my signature this 7 day of February, 1989. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ? , 1� I. `.abonna Floyd, Acti gig City Secretary ity of Nederland, Texas 1VV 1 8 U z ORDER Or ELECT ION An election is hereby ordered to be held on May 6. 1989 for the purpose of: (date) electing two Councilmembers - one for Ward I and one for Ward III. Absentee voting by personal appearance will be conducted each weekday at 1400 Bo-;ton Avenue (locatioIl) between the hours of 8:00 a.m. and 5:00 p.m. beginning on April 17, 1989 and ending on May 2, 1989 (date) (date) Additional absentee voting will be held as follows: Location Date Hours None ' Applications for ballot by mail shall be mailed to: Chris Serres (Name of Absentee Voting C11,--rk) P. 0. Box 967 (Address) Nederland, Texas 77627 (City) (zip Code) Applications for ballots by mail must be received no later than the close of business on April 28, 1989 (date) Issued this the 7 day of February '19 _-99 Signature of Presiding O17icer RESOLUTION WHEREAS, Section 32.008, Order of Appointment, of the Texas Election Code states that the appointment of election judges must by made by written order; NOW, THEREFORE, BE IT RESOLVED THAT I, HOMER E. NAGEL, MAYOR, CITY OF NEDERLAND, TEXAS: Hereby appoint Mrs. Luetta Powell, Presiding Judge and Mrs. Shirley Spittler, Alternate Judge for a single election to be held on May 6, 1989. ATTEST: Chris Serre , City Secretary City of Nederland, Texas F] U Homer E. Nagel, Mayor City of Nederland, Texas 181 18:2 RESOLUTION WHEREAS, Section 127.005 of the Texas Election Laws states that the authority appointing a presiding judge to serve in an election shall appoint a presiding judge of each central counting station operating in the election; NOW, THEREFORE, BE IT RESOLVED, that I, HOMER E. NAGEL, MAYOR of Nederland, Texas do hereby appoint Mrs. Luetta Powell to serve as presiding judge at the central counting station for the City of Nederland General Election to be held on May 6, 1989. ATTEST: Chris Serre City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1R3 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 6:30 P.M. February 28, 1989 The meeting was called to order by Mayor Homer E. Nagel on February 28, 1989 at 6:30 p.m. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections or additions to the minutes of the February 7, 1989 meeting. A motion was wade by Councilman -Bourque -and 'seconded _by Councilman Sawyer to approve the minutes of the February 7, 1989 meeting. All Voted Aye. Mr. D. E. Sosa, City Manager, reported to the Council that Item 413 is the result of the last Mid County Municipal League Meeting. It was the consensus of the members present at the last M.C.M.L. meeting to call a special meeting for the purpose of receiving bids for collection and disposal of garbage and trash for Nederland, Port Neches and Groves and for the closure of the Mid County Municipal League Landfill. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to call a Special Meeting to be held Tuesday, March 7, 1989 at 6:00 p.m. for the purpose of receiving bids for collection and disposal of garbage and trash for Nederland, Port Neches and Groves and for the closure of the Mid County Municipal League Landfill. All Voted Aye. Mr. D. E. Sosa informed the Council that the staff does recommend approval of the Resolution endorsing the Community Assessment and Marketing Program contained in the G.S.U. Team City Program. He added that approval of this Resolution will be the City of Nederland's first step toward advocating G.S.U.'s efforts relative to the Team City Program. After a brief discussion relative to the benefits and goals of the Team City Program, a motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve Resolution 111989 -1 endorsing the Community Assessment and Marketing Program contained in the G.S.U. Team City Program. All Voted Aye. Mr. D. E. Sosa, City Manager, reported that a recent survey of the property located at 1716 Avenue E disclosed that the house encroached the street right -of -way by .88 feet (approx. 10 "). As a result of this recent finding, Mr. Bob Costilow, Realtor, asked the City to relinquish at least 1 foot of this easement. The City Manager then reported that letters from all utility companies have been received verifying that there are no utilities in this street right -of -way and there should be no complications in relinquishing a portion of the right -of -way. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 395 and a Quit Claim Deed relinquishing 2.66 feet of the right- 1 8 4 MinuteslContinued, February 28, 1989 of -way situated in the Northwest Corner of Lot 1, Block 4, Woodcrest Addition. All Voted Aye. The City Manager then addressed the Council relative to paying utilities for local baseball organizations. He reminded the Council that the City currently pays utilities not to exceed $2000 ea. for the Nederland South Little League and the Nederland Babe Ruth League. He then informed the Council that two more requests for payment of utilities have been received from the Mid County Senior Babe Ruth League and Nederland North Little League Baseball and Girls Softball League. Mr. Sosa stated he felt that the City has a responsibility to its youth, and in consideration of the many youth - related problems that our City has experienced the last few months, he strongly recommended approval of these requests. Mayor Nagel commented that he, too, felt the City had a responsibility to its young citizens and recommended approval of these requests. A motion was then made by Councilman LeBlanc and seconded by Councilman Bourque to authorize the City of Nederland to pay utility expenses not to exceed $2,000 each for the Mid County Senior Babe Ruth League and Nederland North Little League Baseball and Girls Softball League. All Voted Aye. Mr. D. E. Sosa, City Manager, then informed the Council that Item #7, request for authorization to enter into a contract with Jefferson County for health inspections of food establishments, is the first step toward implementing health inspection services within the city limits of Nederland. For informational purposes only, Mr. Sosa informed the Council that, if authorization is granted to enter into a contract, the next step would be to pass an ordinance adopting regulations as set out by the State Health Department, adding that the ordinance would need to be adopted within 90 days after entering into a contract with the County. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to authorize the City of Nederland to enter into a contract with Jefferson County for the purpose of providing health inspection services for food establishments within the City of Nederland. All Voted Aye. Mayor Nagel welcomed Mr. Rochelle Simmons, Scout .Master, and Troup. #1113 from - St. Charles Catholic Church. Mayor Nagel then gave a brief overview of the meeting format and welcomed any questions and /or comments. There being no legal or personnel matters to discuss, a motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. Discussion Items: 1. Mr. Paul Adams and Mr. Don McFarland, with Southwestern Bell, addressed the Council relative to a proposal entitled "Texas First ". Mr. Adams gave a brief overview of the program and furnished each Councilmember with a brochure outlining the details of the proposal. He then asked the Council to pass a Resolution supporting this effort. Mayor Nagel thanked Mr. Adams for the overview and instructed the City Manager to place this item on the next agenda. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 7:35 p.m. Minutes Continued, February 28, 1989 Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 185 186 J CITY OF NEDERLAND RESOLUTION NO. 1989 -1 WHEREAS, CAM is a community self - analysis, planning and marketing program designed for towns and cities; and WHEREAS, the program's contents and procedures provide for a broad based involvement of elected and appointed municipal officials, city employees, leaders and citizens of the community; and WHEREAS, an analysis of community facilities, services and functions, and a selecting of goals and objectives are the two major components included in the program. CAM objectives are: to provide a comprehensive and systematic analysis of community management practices and activities; to provide for evaluating the adequacy and quality of each community facility, service and function; to provide a method for community leaders and officials to establish priorities for community growth and development. NOW, THEREFORE, BE IT RESOLVED THAT THE City of Nederland city council endorses and supports the Community Assessment Marketing program and authorizes the city manager and employees to cooperate in the community self - analysis, and, further the citizens of Nederland are urged to support the effort. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland, held on the 28 day of February , 1989. , Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres City Secretary City of Nederland, Texas 1 197 ORDINANCE NO. 395 AN ORDINANCE CLOSING, ABANDONING, VACATING AND RELINQUISH- ING A PORTION A PUBLIC ROAD RIGHT -QF -WAY BEING 0.0071 ACRES OR 308.7256'SQ. "VT. LAND, MORE OR LESS, BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 4, WOODCREST ADDI- TION, CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS; AND PRO- VIDING THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, under Vernon's Annotated Civil Statutes, Article 1175, Section 18 and Article XIV, Section 14.01 of the Charter of the City of Neder- land, the city has the power to vacate, abandon, and close streets, public road right -of -ways, alleys and easements; and, WHEREAS, the public road right -of -way described in Section 1 hereof, lies wholly within the City limits of the City of Nederland, a Home Rule City in Jefferson County, Texas, and that portion of said public road right -of -way is situated in the Northwest Corner of Lot 1, Block 4, Woodcrest Addition, Ned- erland, Jefferson County, Texas, said point also being on the North line of ' said addition and the Easterly right -of -way line of a dedicated street named South 18th Street; THENCE, South 68 degrees, 46 minutes, 56 seconds East,lalong the Easterly right - of way line of 18th Street, for a distance of 123.51 feet to a point for corner; THENCE, South 41 degrees, 13 minutes, 00 seconds West, for a distance of 2.66 feet to a point for corner; THENCE, North 68 degrees, 46 minutes, 56 seconds West, for a distance of 123.51 feet to a point for corner; said point also being on the North line of said addition; THENCE, North 41 degrees, 13 minutes, 00 seconds East, along the North line of said addition, for a distance of 2.66 feet to the point of beginning and containing 0.0071 acres (308.7256 sq. ft.) of land, more or less. WHEREAS, there are no utilities located in the above described right- of -way and it appears that Gulf States Utilities Company, Southwestern Bell Telephone Company, Southern Union Gas Company, T.C.I.Cablevision of Texas, and the City of Nederland have no present or planned use of the above described 1198 4 right - ofway, and it is considered that it would be to the best interest of the public and the public welfare to close, abandon and vacate a portion of said right -of -way as to all rights and interest of the city of Nederland therein, and, WHEREAS, the previously described right -of -way shall be closed, vacated, and abandoned, but the remaining portion of said right -of -way will remain open for use by the City of Nederland, Gulf States Utilities Company, Southwestern Bell Telephone Company, and T.C.I. Cablevision of Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1. That the following described portion of a public right -of- way in the city of Nederland be, and the same is hereby closed, abandoned, and vacated as to all rights and interest of the City of Nederland therein; Closure of a portion of a public right -of -way being 0.0071 acres or 308.7256 sq. ft. of land more or less out of a part , of the Woodcrest Addition as recorded in Volume 10, Page 56, of the Map Records of Jefferson County, Texas; said 0.0071 acres or 308.7256 sq. ft. tract being more fully described by metes and bounds as follows: Beginning at the Northwest corner of Lot 1, Block 4, Woodcrest Addition, City of Nederland, Jefferson County, Texas; said point also being on the North line of said addition and the Easterly right -of -way line of a dedicated street named South 18th Street; THENCE, South 68 degrees, 46 minutes, 56 seconds East, along the Easterly right - of -way line of 18th Street, for a distance of 123.51 feet to a point for corner; THENCE, 41 degrees, 13 minutes, 00 seconds West, for a distance of 2.66 feet to a point for corner; THENCE, North 68 degrees, 46 minutes, 56 seconds West, for a distance of 123.51 feet to a point for corner; said point also being on the North line of said addition, THENCE, North 41 degrees, 13 minutes, 00 seconds East, along the North line of said addition, for a distance of 2.66 feet to the point of beginning and containing 0.0071 acres (308.7256 sq. ft.) of land, more or less. Section 2. The Mayor is hereby authorized to execute a quitclaim L 1 deed to the adjoining property owners Howard Lewis and Verla V. Lewis, with reference to the right -of -way abandoned. Section 3. This being an ordinance not requiring publication, it shall become effective from and after its passage. READ, APPROVED AND ADOPTED THIS 28 day of February, 1989, at a regu- lar meeting of the City Council of the City of Nederland, Texas, by the following vote AYES: Mayor Homer E. Nagel Councilman Robert D. Sawyer Councilman Carl N. "Cropo" LeBlanc Councilman Michael R. Bourque Councilman Billy W. Doornbos NOES: None ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas 189 190 QUITCLAIM DEED STATE OF TEXAS § COUNTY OF JEFFERSON § That the City of Nederland, a Municipal Corporation duly incorporated under and by virtue of the Constitution and Laws of the State of Texas and domiciled in Jefferson County, Texas, for an in consideration of the sum of Ten and 00 /100 ($10.00) Dollars, receipt of which is hereby acknowledged and confessed, acting by and through its Mayor, Homer Nagel, heretofore duly authorized, and by these presents does sell, release and forever quitclaim unto Howard Lewis and Verla V. Lewis all rights, title interest, claim and demand in and to that certain tract or parcel of land lying and being situated in Jefferson County, Texas, and being more particularly described as follows: BEING 0.0071 acres (308.7256 sq. ft.) of land, more or less out of and a part of the Woodcrest Addition as recorded in Vol. 10, Page 56, of the Map Records of Jefferson County Texas; said 0.0071 acres (308.7256 sq. ft.) tract being more fully described by metes and bounds as follows: Beginning at the Northwest corner of Lot 1, Block 4, Woodcrest Addition, City of Nederland, Jefferson County Texas; said point also being on the North line of said addition and the Easterly right -of -way line of a dedicated street named South 18th Street; THENCE, South 68 degrees, 46 minutes, 56 seconds East, along the Easterly right -of -way line of 18th Street, for a distance of 123.51 feet to a point for corner; THENCE, South 41 degrees, 13 minutes, 00 seconds West, for a distance of 2.66 feet to a point for corner; THENCE, North 68 degrees, 46 minutes, 56 seconds West, for a distance of 123.51 feet to a point for corner; said point also being on the North line of said addition; [1 1 THENCE, North 41 degrees, 13 minutes, 00 seconds East, along the North line of said addition, for a distance of 2.66 feet to the point of beginning and containing 0.0071 acres (308.7256 sq. ft.) of land, more or less. TO HAVE AND TO HOLD, the above released rights, titles, interests, claims and demands, hereinabove described, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee so that the City of Nederland nor its successors and assigns, shall athanytime 1.9 L hereafter have or claim any rights, title or interest in and to said premises or any part thereof. EXECUTED THIS 28 DAY OF February, 1989. ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas 1 S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas 19-2 STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the governing bodies of the parties herein finds the following agreement in the best interest of the citizens they serve; and WHEREAS, Article 3, Section 64 of the Texas Constitution, and Article 4413 (32c) of the Revised Civil Statutes of Texas authorize counties and cities in the State of Texas to contract with one another for the performance of various governmental functions and services, including those in the area of public health and welfare; and WHEREAS, Jefferson County and the City of Nederland pursuant to the Constitution and the laws of the State of Texas desire to make and enter into a contract whereby Jefferson County will make available to the City of Neder- land its program regulating food service establishments, retail food stores, ' mobile food units, and roadside food vendors; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: Jefferson County hereinafter called "County ", acting herein by and through R.P. LeBlanc, Jr., its duly authorized County Judge as directed by the Com- missioners' Court of Jefferson County, and the City of Nederland, a municipal corporation situated in Jefferson County, Texas, hereinafter called "City ", acting herein by and through H. E. Nagel, its duly authorized Mayor, do hereby covenant and agree as follows: 1. County hereby makes available to City for the protection of its residents its program regulating food service establishments, retail food stores, mobile food units, and roadside food vendors. Y 9.3 2. The Jefferson County Health Department through its permitting procedure will provide its services to all food establishments located within the cor- porate limits of said City during the term of this agreement. The said ser- vices shall follow the Order passed by the Jefferson County Commissioners' Court on March 28, 1988, a copy of which is attached and made a part hereof. 3. The City agrees to provide the Jefferson County Health Department, within 90 days of the commencement of this agreement, proof of the existence of what- ever ordinances may be necessary to: adopt the current Texas Board of Health "Rules on Food Service Sanitation "; to designate the Health Authority of Jeffer- son County as Health Authority for the purposes of this agreement; to require all food service establishments, retail food stores, mobile food units, and roadside food vendors within corporate limits to maintain a valid health permit; to adopt health permit fees as established by Commissioners' Court in unincor- porated areas of the County for each food establishment and for each temporary food establishment; to assign to the Jefferson County Health Authority the authority to collect health permit fees directly from permit applicants. 4. The City shall be responsible for enforcement of the City's health ordi- nances. 5. The term of this agreement is for a period of one (1) year commencing on February 28, 1989 , and ending on February 28, 1990 , unless either the County or City provides thirty (30) days written notice to the other that an amendment or termination is necessary. -2- 194 i 6. County is an independent contractor under the terms of this agreement and is not an officer, agent, servant or employee of the City. EXECUTED this 28 day of February , 1989 in Jefferson County, Texas. ATTEST: Lolita Ramos, County Clerk ATTEST: Chris Serre , City Secretary -3- COUNTY OF JEFFERSON By: R.P. LeBlanc, Jr., County Judge CITY OF NEDERLA`7D By: H. E. Nagel, Mayor 1 195 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 6:00 P.M. March 7, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:00 P.M. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque, and Councilman Billy W. Doornbos. Mayor Nagel acknowledged and welcomed visitors to the meeting. Mayor Nagel then informed both the Council and all visitors that this was a special meeting, intended for the sole purpose of opening and reading bids for the collection and disposal of garbage and trash for Nederland, Port Neches, and Groves and for the closure of the Mid County Municipal League Landfill. Mayor Nagel introduced Mr. George Newsome, City of Groves City Engineer, and asked that Mr. Newsome open and read each bid. Bids received for collection and disposal of garbage and trash for Nederland, Port Neches, and Groves and for the closure of the Mid County Municipal League Landfill were as follows: BAYTOWN CONSTRUCTION, Beaumont, Texas - Proposal 1: No bid; Proposal 2: No bid; Proposal 3: Item 1, $15,000; Item 2, $4.25/c.y. or $8,500; Item 3, $5.00 /c.y. or $50,000; Item 4, $4.00 /linear foot or $14,000.; Item 5, $2.00 /linear foot or $6,000; Item 6, $3.95/c.y. or $486,640; Item 7, $3.95/c.y. or $120,080; Item Al, $13.50 /linear foot or $81,000; Item A2, $.10 /s.y. or $28,500; Item A3, $150 /each or $1500.00; Item A4, $200 /each or $600. Total Bid, $811,820, Proposal 3 only. Bid Security, $25,000 (cashiers check). EXCAVATORS AND CONSTRUCTORS, Beaumont, Texas - Proposal 1: No bid; Proposal 2: No bid; Proposal 3: Item 1, $10,385; Item 2, $2.23/c.y. or $4,460; Item 3, $2.81 /c.y. or $28,100; Item 4, $2.16 /linear foot or $7,560; Item 5, $4.17 /linear foot or $12,510; Item 6, $3.15/c.y. or $388,080; Item 7, $3.14 /c.y. or $95,456; Item Al, $10.75 /linear foot or $64,500; Item A2, No bid; Item A3, $500 /each or $5,000; Item A4, $600 /each or $1800. Total Bid, $617,851, Proposal 3 only, with no bid for Item A2. Bid Security, a bond in the amount of 5% bid. WASTE MANAGEMENT GOLDEN TRIANGLE, Beaumont, Texas - Proposal 1: No bid; Proposal 2: la) City Retains Equipment, $4.95 /month /customer; Bidder Takes Equipment, $3.51 /month /customer; Item lb) City Retains Equipment, $6.45 /month /customer; Bidder Takes Equipment, $6.19 /month /customer; Item lc) City Retains Equipment, $5.95 /month /customer; Bidder Takes Equipment, $5.60 /month /customer. Deduction if City pays tipping fee, $1.10/ month /customer. Proposal 3: No bid. Bid Security, $25,000. BEST PAK =REM, Houston, Texas - Proposal 1: No Bid; Proposal 2: la) No bid; lb) City Retains Equipment, $8.35 /month /customer; Bidder Takes Equipment, No bid; Lc) No bid. Deduction if City pays tipping fee, $0. Proposal 3: No bid. Bid Security, $25,000. 19 6 Minutest' Continued, March 7, 1989 WESTERN WASTE, Houston, Texas - Proposal 1: No Bid. Proposal 2: Item 1a) City retains Equipment, $7.86 /month /customer; Bidder Takes Equipment, $8.24 /month /customer; Item lb) City Retains Equipment, $7.86 /month /customer; Bidder Takes Equipment, $8.24 /month /customer; Item lc) City Retains Equipment, $7.86 /month /customer; Bidder Takes Equipment, $8.24 /month/ customer. Deduction if City pays tipping fee, $1.35 /month /customer. Proposal 3: No bid. Bid Security, $25,000. BFI, Nederland, Texas - Proposal 1: No bid. Proposal 2: la) City Retains Equipment, $11.28 /month /customer; Bidder Takes Equipment, $8.34 /month/ customer; Item Lb) City Retains Equipment, $5.7.3 /month /customer; Bidder Takes Equipment, $5.68 /month /customer; Item lc) City Retains Equipment, $7.13 /month /customer; Bidder Takes Equipment,- $6.92 /month /customer. Deduction if City pays tipping fee, $.70 /month/ customer. Proposal 3: No bid. Bid Security, $25,000. Mayor Nagel announced that these bids were all that were received, and that they would be available for review to any persons interested. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to refer bids to Mr. George Newsome, City of Groves City Engineer, and Nederland, Port Neches, and Groves City Managers and staffs for tabulation, with recommendation to be made at a later date. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table Item #3, discussion and communication in relation to City government. All Voted Aye. The meeting was adjourned at 6:30 P.M. by Mayor Homer E. Nagel. ���' Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 197 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 3:00 P.M. March 14, 1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 P.M. Tuesday, March 14, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque, and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the February 28 and March 7, 1989 meetings. Councilman Doornbos stated that in the minutes of the March 7, 1989 meeting, Councilman Robert Sawyer was recorded as being present when, in fact, he was absent. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the minutes of the February 28, 1989 meeting and the minutes of the March 7, 1989 meeting contingent upon a correction showing Councilman Sawyer absent at the March 7 meeting. All Voted Aye. Mayor Nagel presented Mr. Cardwell of Central Mall with a Proclamation declaring March 23 through March 25, 1989 "Drug Prevention Days" in the City of Nederland. Mr. Cardwell stated that he feels the merchants of Central Mall are actively contributing to the Drug Prevention program and feels that this is a worthy cause. Mayor Nagel then reported that there was a meeting March 13, 1989 at Nederland High School relative to drug and alcohol abuse. There were several hundred students and parents at this meeting, all supporting drug prevention. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to approve a Proclamation declaring March 23 -25, 1989 "Drug Prevention Days" in the City of Nederland. All Voted Aye. Mr. D. E. Sosa, City Manager, reminded the Council that Item 414 is the result of a discussion held at the February 28, 1989 Council meeting relative to Southwestern Bell's "Texas First" proposal. He stated that it was the consensus of the Council to support this proposal and to send a copy of the Resolution supporting this proposal to the Texas Public Utility Commission. Mr. Sosa then read the Resolution supporting Southwestern Bell's "Texas First" proposal. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve the Resolution in support of Southwestern Bell's "Texas First" proposal. All Voted Aye. Mr. D. E. Sosa, City Manager, reported that approving Ordinance No. 396, adopting the rules and regulations of the Texas Department of Health for health inspections of food establishments within the City of Nederland, would be the last step the City Council would have to take in order to allow the County to conduct health inspections within the City of Nederland. Mr. Sosa stated that this Ordinance sets up health authority within the City of Nederland, then allows 1 9 Q MinutesrContinued, March 14, iydy the City to turn this authority over to the County. Mr. Sosa then read Ordinance No. 396. After a lengthy discussion, a motion was made by Councilman Bourque and seconded by Councilman LeBlanc to accept Ordinance No. 396, adopting the rules and regulations of the Texas Department of Health for health inspections of food establishments within the City of Nederland. All Voted Aye. Mr. D. E. Sosa, City Manager, reported to the Mayor and Council that the infiltration and inflow analysis study for the period of December 1, 1988 through January 31, 1989 is an ongoing study whereby the City of Nederland was attempting to borrow money, at a low interest rate, from the State of Texas in order to make necessary repairs to inflow and infiltration problems. In light.of the fact that the City was not eligible for funding during 1988, Mr. Sosa has asked John Bernard, Water Superintendent, to perform a study showing what portion of this analysis can be done by the City, then to report back to him after this study is completed. Mr. Sosa then recommended payment of $3,693.76 to d.p. Consulting Engineers for infiltration and inflow analysis update for the period December. 1, 1988 through January 31, 1989. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve payment to d.p. Consulting Engineers in the amount of $3693.76 for infiltration and inflow analysis update for the period December 1, 1988 through January 31, 1989. All Voted Aye. Mr. D. E. Sosa, City Manager, explained to the Mayor and Council that the property located at 30th Street and Helena Avenue is under contract with the Presbytery of the New Covenant Church and the City of Nederland, being used by the City as a public park. The City Manager then recommended renewal of the ' lease agreement between the Presbytery of the New Covenant and the City of Nederland for a ten (10) year period, with the option to extend the lease another ten years. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to renew the lease agreement between the Presbytery of the New Convenant and the City of Nederland for the property located at 30th Street and Helena Avenue, which is being used by the City as a public park. All Voted Aye. Mr. D. E. Sosa, City Manager, reported that the payment of $390.54 requested by Butler and Casstevens is the City of Nederland's apportionment of expenses incurred during the months of November and December, 1988 for the Gulf States Utilities Rate Case. He then added that W. E. "Smokey" Sanderson, City Attorney, recommended payment of these expenses to Butler and Casstevens. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve payment of $390.54 to Butler and Casstevens, representing the City of Nederland's apportionment of billings in the most recent Gulf States Utilities Rate Case. All Voted Aye. Mr. D. E. Sosa, City Manager, announced that he and the staff are recommending awarding Proposal III for the closure of the Mid County Municipal League Landfill to Excavators and Constructors in the amount of $546,551. He then added that this figure is lower than that quoted in his Friday letter due to his discovering that Page II of Proposal III was optional. He went on to say that, on paper, the cost of the closure of the M.C.M.L. Landfill is $1 million, and that this is a far cry from the $3 million that was originally anticipated. Minutes Continued, March 14, 1989 1 0 y After a lengthy discussion, a motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to award the bid for Proposal III of the remainder of the closure of the Mid County Municipal League Landfill to Excavators and Constructors in the amount of $546,551, contingent on the City of Groves and City of Port Neches doing the same. All Voted Aye. Mayor Nagel called for any questions and /or comments regarding the list of bills for the month of February, 1989. A motion was made by Councilman Bourque and seconded by Mayor Nagel to authorize payment of the bills for the month of February, 1989. All Voted Aye. Mayor Nagel called for a recess in the regular meeting at 3:50 P.M. to conduct an Executive Session. The meeting was called back to order at 4:20 P.M. by Mayor Homer E. Nagel. Mayor Nagel announced that during the Executive Session litigation involving the City was discussed. This session was for informational purposes only and no action was taken at this time. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table the Executive Session. All Voted Aye. Discussion Items: 1. Councilman Sawyer stated that, in response to the Friday letter regarding a complaint against Mr. Short, he felt that action taken regarding abandoned underground storage tanks should be taken against all property owners involved and not just those we may receive ' complaints on. The City Manager informed the Council that the City will be sending form letters to all property owners having underground storage tanks. He added that the Water Commission has requested that the Fire Chief identify tank owners and their locations. The Water Commission will enforce any laws regarding these tanks. Councilman Bourque asked if there were any tanks owned by the City, other than at the Fire Department, that were in need of repair. The City Manager reported that upon completion of the Fire Department tank repair, the City would repair, if necessary, tanks located at the Police Department and at the Warehouse. 2. Councilman Bourque reported that a stop sign and street sign located at S. 12th Street @ Avenue A need to be cleaned. 3. Mr. D. E. Sosa, City Manager, explained that Ed Moore, Jefferson County Commissioner, has requested the Council's approval of a Texas Department of Corrections maximum /medium security prison for Jefferson County. After a lengthy dissussion, Mayor Nagel reported that it was the general consensus of the Council to support Commissioner Moore's request for support of the Texas Department of Corrections maximum /medium security prison units for Jefferson County. 4. Mr. D. E. Sosa, City Manager, announced that there has been a change in the format of the Police and Fire reports. He added that the Police 2 0 04inutes dontinued, March 14, 1989 report should be on the next agenda. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 4:38 P.M. March 14, 1989. 7z� Homer E. Nagel, MayoY City of Nederland, Texas ATTEST: Chris Serre , City Secretary City of Nederland, Texas L I CITY OF NEDERLAND A PROCLAMATION WHEREAS, the United States of America is today confronted with an escalating problem of drug abuse, and; WHEREAS, Drug Abuse in our community, if unchecked, threatens to destroy the fabric of our society and undermine the lives of our citizens, and; WHEREAS, it has been established conclusively that the officials of our government and the leaders of our community have taken it upon them- selves to combat the menace of drug abuse with all of the resources avail- able. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland, Texas, being duly assembled in regular session to wit: That March 23 -25, 1989 is hereby proclaimed Drug Prevention Days; and hereby en- courages all of its citizens to participate in this recognition of Drug Prevention Days as an opportunity to demonstrate their personal commitment to making our community a better place to live. GIVEN UNDER OUR HAND AND SEAL, this 14th day of March in the year City of Nederland, Texas 11 ' Homer E. Nagel, Mayor City of Nederland, Texas Z U,1:: 202 CITY OF NEDERLAND RESOLUTION NO. 1989 -2 A RESOLUTION SUPPORTING SOUTHWESTERN BELL TELEPHONE'S TEXAS FIRST PROPOSAL WHEREAS, Southwestern Bell Telephone has proposed or will propose its TEXAS FIRST program to the Texas Public Utility Commission; and WHEREAS, The TEXAS FIRST Program will make Texas communities more competitive for new jobs and business growth; and WHEREAS, The TEXAS FIRST Program will allow Southwestern Bell Telephone to accelerate upgrading of the Texas network, freeze basic local business and residence rates for five years, reduce long distance companies' access charges paid to Southwestern Bell's local network, and refine the current regulating framework; now THEREFORE, BE IT RESOLVED that the City Council of the City of ' Nederland endorses Southwestern Bell Telephone's TEXAS FIRST program and encourages the Texas Public Utility Commission to give full consideration and approval to that plan. CONSIDERED AND ADOPTED this 14th day of March, 1989 at a regular meeting of the City Council of the City of Nederland, Texas. ATTEST: Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 203 ORDINANCE NO. 396 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: The City of Nederland, Texas, incorporates herein by reference and hereby adopts all States laws and rules adopted under State law concerning food service establishments, retail food stores, mobile food units and roadside food vendors, including, but not limited to; a) Article 4487 -5g of the Frozen Desert Manufacturer Licensing Act of the State of Texas, and all future amendments thereto; b) Section 2.01 of Article 4436b of the Local Public Health Reorganization Act of the State of Texas, and all future amendments thereto; and c) the current Rules on Retail Store Sanitation heretofore adopted by the Texas Department of health, and all future amendments thereto. SECTION 2: REVIEW OF PLANS (a) Submission of Plans. Any person applying for a permit to operate a food service establishment, retail food store, mobile food unit or roadside food vendor within the City limits of the City of Nederland, Texas, must submit plans to the City of Nederland, providing a rendering of the food preparation, storage and sales areas in order to determine compliance with State laws and rules governing the aforementioned establishments. (b) Initial Inspection. The City of Nederland shall inspect the food service establishment prior to its beginning operations to determine compliance with the approved plans and specifications. SECTION 3: COMPLIANCE PROCEDURES (a) Permits (1) Any person desiring to operate a food service estalishment, retail food store, mobile food unit or roadside food vendor, within the City limits of the City of Nederland, Texas, or any person desiring to renew a permit or to reapply for a permit which has expired or which has been revoked shall make written application for a permit on forms provided by the City of Nederland. (2) A permit shall be denied, suspended or revoke by delivery of a notice to the applicant or holder of the permit. The notice shall give the applicant or WHEREAS, the City Council of the City of Nederland, Jefferson County, Texas, deems it to be in the best interest of the citizens of said City to adopt certain rules, regulations and laws concerning food service establishments, retail food stores, mobile food units and roadside food vendors doing business within the City limits of the City of Nederland, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: The City of Nederland, Texas, incorporates herein by reference and hereby adopts all States laws and rules adopted under State law concerning food service establishments, retail food stores, mobile food units and roadside food vendors, including, but not limited to; a) Article 4487 -5g of the Frozen Desert Manufacturer Licensing Act of the State of Texas, and all future amendments thereto; b) Section 2.01 of Article 4436b of the Local Public Health Reorganization Act of the State of Texas, and all future amendments thereto; and c) the current Rules on Retail Store Sanitation heretofore adopted by the Texas Department of health, and all future amendments thereto. SECTION 2: REVIEW OF PLANS (a) Submission of Plans. Any person applying for a permit to operate a food service establishment, retail food store, mobile food unit or roadside food vendor within the City limits of the City of Nederland, Texas, must submit plans to the City of Nederland, providing a rendering of the food preparation, storage and sales areas in order to determine compliance with State laws and rules governing the aforementioned establishments. (b) Initial Inspection. The City of Nederland shall inspect the food service establishment prior to its beginning operations to determine compliance with the approved plans and specifications. SECTION 3: COMPLIANCE PROCEDURES (a) Permits (1) Any person desiring to operate a food service estalishment, retail food store, mobile food unit or roadside food vendor, within the City limits of the City of Nederland, Texas, or any person desiring to renew a permit or to reapply for a permit which has expired or which has been revoked shall make written application for a permit on forms provided by the City of Nederland. (2) A permit shall be denied, suspended or revoke by delivery of a notice to the applicant or holder of the permit. The notice shall give the applicant or 2 04 A hold of the permit the reasons for denial, suspension or revocation. A delivery of the notice may be accomplished by personally delivering it to the applicant or holder at the address indicated on the permit application; or by leaving a copy of the notice with a responsible person working at the said establishment. (3) The applicant or holder of the permit may request a hearing before the City Council of the City of Nederland, Texas, on the permit denial, suspension or revocation by filing a request for hearing with the City of Nederland, Texas, in writing, within 10 days following the receipt of the notice, such period to begin on the day following the receipt of the notice of denial, suspension or revocation. If no request for hearing is received by the City of nederland, Texas, within the allotted time, the denial, suspension or revocation is sustained. (4) If a timely request for hearing is received by the City of Nederland, Texas, a hearing will be conducted during which the applicant or holder may present evidence to show why the permit should not be denied, suspended or revoked. Based upon the evidence of such hearing, the City of Nederland, Texas, shall make a final decision and shall uphold, suspend, modify or rescind any notice or order considered in the ' hearing. A written report on the hearing decision shall be furnished to the applicant or the holder of the permit by the City of Nederland, Texas. (5) In a case where a permit is suspended, the suspension will be lifted only when the permit holder abates all the defects which - oYginally - -gave rise to the suspension. Failure to correct the defects within the time period given by the City of Nederland, Texas, or to request a hearing, in writing to the City of Nederland, Texas, within ten (10) days of the receipt of suspension notice shall be sufficient cause for the suspension to become a final revocation of the permit. (6) Whenever a denial or revocation of a permit has become final, the applicant or holder of the revoked permit may make written application for a new permit. The applicant or holder of the revoked permit must meet all rules and requirements as stated in Section 5 of this Ordinance before anew permit will be issued. SECTION 6: FEES (a) Permit Fees. Before any permits shall be issued under the 205 provisions of this Ordinance, the applicant shall pay to the City of Nederland, Texas, fees in the following Convenience Stores (No Food Service) $ 50.00 Convenience Stores (Food Service) 100.00 Grocery Stores (No Food Service) 100.00 Grocery Stores (Food Service) 125.00 Take Out (Food Service) 100.00 Temporary Permit (14 days) 50.00 Temporary Permit (120 days) 100.00 (b) Refunds. After a permit has been issued or denied, fees are not refundable. SECTION 5: The City of Nederland, Texas, acting through its duly appointed officials or agents, shall have the power, with approval of the City Council of the City of Nederland, Texas, to prescribe and promulgate such ' rules and regulations, consistent with the laws of the State of Texas, as may be deemed necessary to protect the health and safety of the public and to effectively perform the duties herein. SECTION 6: The Health Department of the City of Nederland, Texas, acting through its duly appointed officials or agents, are designated to be the permitting and regulatory authority for the rules and regulations contained herein and, thus, has the duty and necessary powers to administer and enforce this Ordinance. The City of Nederland, Texas, acting through its duly appointed officials or agents and acting through the City Council of the city of Nederland, Texas, as the permitting and regulatory authority, shall have the following duties and necessary concomitant powers: (a) To enforce this Ordinance and to make appropriate recommendations to proper authorities when instances of noncompliance with the Ordinance have been determined. (b) To make inspections of all food and service establishments as needed to meet the requirements of this Ordinance. (c) To collect all fees set by the City Council of the City of Nederland, Texas, as provided by law. (d) To make annual reports to the City Council of the City of Nederland, Texas. amounts: FEE SCHEDULE Seats Fee 0 -20 $ 50.00 21 -50 75.00 51 -75 100.00 75- + 125.00 Convenience Stores (No Food Service) $ 50.00 Convenience Stores (Food Service) 100.00 Grocery Stores (No Food Service) 100.00 Grocery Stores (Food Service) 125.00 Take Out (Food Service) 100.00 Temporary Permit (14 days) 50.00 Temporary Permit (120 days) 100.00 (b) Refunds. After a permit has been issued or denied, fees are not refundable. SECTION 5: The City of Nederland, Texas, acting through its duly appointed officials or agents, shall have the power, with approval of the City Council of the City of Nederland, Texas, to prescribe and promulgate such ' rules and regulations, consistent with the laws of the State of Texas, as may be deemed necessary to protect the health and safety of the public and to effectively perform the duties herein. SECTION 6: The Health Department of the City of Nederland, Texas, acting through its duly appointed officials or agents, are designated to be the permitting and regulatory authority for the rules and regulations contained herein and, thus, has the duty and necessary powers to administer and enforce this Ordinance. The City of Nederland, Texas, acting through its duly appointed officials or agents and acting through the City Council of the city of Nederland, Texas, as the permitting and regulatory authority, shall have the following duties and necessary concomitant powers: (a) To enforce this Ordinance and to make appropriate recommendations to proper authorities when instances of noncompliance with the Ordinance have been determined. (b) To make inspections of all food and service establishments as needed to meet the requirements of this Ordinance. (c) To collect all fees set by the City Council of the City of Nederland, Texas, as provided by law. (d) To make annual reports to the City Council of the City of Nederland, Texas. 206 (e) To perform all other duties necessary to meet the requirements of this Ordinance. SECTION 7: REMEDIES (a) Enforcement. The provisions of this Ordinance shall be enforced by the Health Department of the City of Nederland, Texas, acting through its duly appointed officials and agents, and acting through the City Council of the City of Nederland, Texas, or its designated representatives. It shall be a violation of this Ordinance to interfere with the Health Department of the City of Nederland, Texas, or with its duly appointed Health Authority, or its delegated representatives in the performance of the duties herein set forth. (b) Penalties. Whenever, in this Ordinance, an act is prohibited or is made or declared to be unlawful or whenever in such Ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this Ordinance shall be a Class "C" misdemeanor. Each violation and each day each violation of this Ordinance occurs shall constitute a separate offense. SECTION 8: The City of Nederland, from time to time, shall appoint Jefferson County, acting by and through its Health Department, the agent to enforce all or part of this ordinance. ' SECTION 9: The enactment of this Ordinance shall not operate to impair, extinguish or repeal any other Section or sub - section or any Ordinance of the Code of Ordinances of the City of Nederland, Texas, except as the same may conflict herewith. SECTION 10: If any portion of this Ordinance, or the application of the same to any person or set of circumstances, shall, for any reason, be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance, or their application to other persons or sets of circumstances, and to this end, all portions of this Ordinance are declared to be severable. SECTION 11: This Ordinance shall take effect and be in full force and effect from and after its passage and publication as required by law. PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, this 14 day of March, 1989. THE CITY OF NEDERLAND, TEXAS ATTEST: ByHOMER E. NAGEL HOMER E. NAGEL, MAYOR S /CHRIS SERRES Chris Serres, City Secrtary 207 AGREEMENT STATE OF TEXAS ) COUNTY OF JEFFERSON ) Presbyterian Extension Committee of Presbytery of New Covenant, Inc. by and through its proper officials, hereinafter referred to as Lessor and the City of Nederland, hereinafter referred to as Lessee, enter into the following lease agreement, to -wit: That the Lessor is the owner of a certain tract of land, as follows: BEGINNING at the East corner of a 3.68 AC tract of land being a portion of Lot Number 7, Block Number 16, Range "1 ", PORT ARTHUR LAND COMPANY, as the same appears upon the Map or Plat thereof, on file and of record in the office of the County Clerk of Jefferson County, Texas, at Beaumont, said corner being located in the center of 30th Street. THENCE in a Northwesterly direction with the Northeast boundary line of said property 457 L.F., more or less, to a point in South margin of Helena Avenue, said point being the ' North corner of the above mentioned peroperty; THENCE in a Southwesterly direction with the South margin of Helena Avenue 286 L.F. more or less, to a point in same; THENCE in a Southeasterly direction parallel to the Northeast boundary line 457 L.F., more or less, to a point, said point being located in the North line of Block 5, Youmans Addition, to the City of Nederland; THENCE in a Northeasterly direction with the North line of Block 5, Youmans Addition, 286 L.F., more or less, to the place of beginning and containing 3.0 acres. More D 208 Lessor is desirous to lease this land to Lessee, under the following terms and conditions: 1. The term of this lease shall be for ten (10) years. The Lessee shall have an option at the end of this term to extend said lease, under the present terms and conditions for an additional ten (10) year period, by notifying Lessor in writing six (6) months before the end of the original term hereof of such intent to extend. 2. Either party to this lease agreement shall have the right to cancel this lease by giving the other party three (3) months written notice of their intention to cancel this lease. 3. Lessee herein agrees to operate the leased premises as a public park area for use by the general public. 4. Lessee agrees to furnish all playground equipment and to maintain the leased premises, and to pay all utilities that might become due and, owing as a result of the operation of the park, and as further consideration for the execution of this lease, Lessee agrees to timely pay any taxes, assessments or levies made by any governmental taxing authority against the leased premises. 5. As further consideration for the execution of this lease, Lessee agrees that this lease shall not be effective until Lessee delivers to Lessor the original copy of a valid policy of liability , insurance on a standard Texas form with Lessor and Lessee named as the insured covering bodily injury to each person in the amount of $100,000.00, $300,000.00 for each accident; and $25,000.00 property damage, and lessee shall maintain said policy in force and effect for the term of this lease. More 1 6. Lessee hereby retains the right and agrees to remove all improvements, at the end of the lease and when the said lease is terminated, to return the property to the Lessor in its original condition. All to be done within a reasonable time after the termination of this lease. 7. The Lessor hereby retains the right to plant trees on said property. 8. Should Lessee fail to comply with the terms and conditions of said agreement, Lessor shall have the right to re —enter said premises and take possession thereof and terminate this lease without resort to any action in any court and Lessor shall not be guilty of trespass for so doing, but no such action shall relieve Lessee from any obligation or liability previously incurred hereunder. 9. All notices herein provided shall be considered as properly given when sent by registered or certified mail to: The Lessor: Presbyterian Extension Committee, Presbytery of New Covenant, Inc. 41 Oakdale Houston, Texas 77006 The Lessee: The Mayor ' City of Nederland City Hall Nederland, Texas WITNESS OUR HANDS this 14 day of THE CITY OF NEDERLAND By: HOMER E. NAGEL ATTEST: CHRIS SERRES City Secretary 1 MARCH , 1989. PRESBYTERIAN EXTENSION COMMITTEE By: President Secretary 2091 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 28, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on March 28, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any additions and /or corrections to the written minutes of the March 14, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the March 14, 1989 meeting as written. All Voted Aye. Mayor Nagel presented Mrs. Marti Belt, representative from Crime Victims Task Force, with a Proclamation declaring April 9 -15, 1989 "National Victims' Rights Week" in the City of Nederland. Mrs. Belt expressed appreciation to the City of Nederland on behalf of the Crime Victims Task Force and stated that the Task Force has received tremendous support from citizens as well as local organizations to help educate the ' public and to provide aid to innocent victims of crime. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve the Proclamation declaring April 9 -15, 1989 "National Victims' Rights Week" in the City of Nederland. All Voted Aye. Mayor Nagel presented Mr. Henry Taylor with a Proclamation declaring April 7, 1989 "United States Coast Guard Chief Petty Officers' Day" in the City of Nederland. Mr. Taylor then briefed the Council on the purposes of the Chief Petty Officers' Association. He stated that 1989 is the 20th Anniversary of the Chief Petty Officers' Association and that this organization participates in many community projects aimed at aiding the less fortunate in the Golden Triangle. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the Proclamation declaring April 7, 1989 "United States Coast Guard Chief Petty Officers' Day" in the City of Nederland. All Voted Aye. Mr. D. E. Sosa, City Manager, reminded the Council that the swimming pool at Doornbos Park is and has been in need of resurfacing and that the money for this project is budgeted. He stated that the staff is prepared to receive bids on this project and would like authorization to advertise for bids to be received April 11, 1989 at 3:00 p.m. 211 A motion was made by Coun5�lman Sawyer and seconded by Councilman LeBlanc_ to advertise for bids to be received April 11, 1989 at 3:00 p.m. for resurfacing the swimming pool at Doornbos Park. All Voted Aye. The City Manager informed the Council that Agenda Item X16 was another apportionment allocated to the City of Nederland relative to work performed by Butler and Casstevens in the Gulf States Utilities' rate case. He added that the $940.10 apportionment is for work performed in January and Feburary. A motion was made by Councilman Bourque and seconded by Mayor Nagel to author- ize payment to Butler and Casstevens in the amount of $940.10 representing the City of Nederland's apportionment of the Gulf States Utilities' rate case. All Voted Aye. The City Manager informed the Council that water and sewer lines installed in the Christina Court Section Three Subdivision have been inspected by Mr. John Bernard, Water & Wastewater Superintendent, and Mr. James Byers, Plumbing Inspector, and both inspectors are recommending payment of Estimate No. 1 requested by Mr. John Bankston. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve payment of Estimate No. 1 in the amount of $26,459.10 to John Bankston Construction and Equipment Rental, Inc. for water and sewer improvements in Christina Court Section III. All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that Item X18, request for payment of utilities at the Bob Harmon Babe Ruth Park, is a yearly routine item and that money is budgeted to cover this-expenditure. - A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve payment of utilities not to exceed $2000 at the Bob Harmon Babe Ruth Park. All Voted Aye. Mayor Nagel called for a recess in the Regular meeting at 7:00 p.m. in order to conduct an Executive Session. Mayor Nagel called the Regular meeting back to order at 7:35 p.m. and announced that the City Attorney brought the Council up -to -date on some legal matters and the City Manager discussed a personnel matter, adding that no action is necessary on either item. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session relating to legal and personnel matters. All Voted Aye. Discussion Items: 1. Councilman Doornbos reminded the staff that, with grass cutting season beginning, the property located at the corner of 36th Street @ Gary Avenue will need to be watched closely. 2. Councilman Doornbos asked for an update on the status of underground storage tanks located throughout the City. 212 The City Manager responded that the responsibility of locating any underground storage tanks and notifying the property owner that they must comply with regulations relative to these tanks has been given to the Fire Department. After a tank has been located, the Fire Department will report to the Water Commission. 3. Councilman Doornbos then reminded the City Manager that, in his letter to the Council dated March 23, 1989, he informed the Council of a request made by State Representative Dan Morales for support of House Joint Resolution 2 which would require the State to provide funds for whatever it may mandate to cities in the form of rules and regulations. He then stated that he is very much in support of this Resolution. 4. Councilman Doornbos asked for an update on the status of the garbage collection in the City of Nederland. The City Manager reported that Mr. Stirling Copp is meeting with officials from the City of Beaumont to see whether the City of Nederland can get a better rate to use their landfill verses the rate the City of Beaumont has given the private carrier. He is also conducting a comparitive study relative to the cost of the City of Nederland remaining in the garbage collection business using the City of Beaumont's landfill verses contracting out the garbage collection to a private carrier. The City Manager then stated that the staff will report to the Council as soon as all the information is available. 5. Mr. Rothrock reported vandalism of the old sewer treatment plant tank I located on Gage Avenue. ATTEST: M� /jvj [� Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor V City of Nederland, Texas 1 1 1 Wince of ttp� p. apr z 1 a.. J, HomeA E. Nagee , IV virtue of the aul�iiority vesfecf in me ad 11 a yor o f the Cfity of /leder[and, _Jezaj, Jo �c erc�y Pro clainn ApA,ii 7, 1959 -,4j "United S.ta:tu Coa.6.t GuoAd Chieb Petty 066icex6 Day" in t /te City of /7�/ederfanct, _lexa6, and urge each anal evert" (� itizen of our l,ity to buppont the Ch,ie6 Petty 066iceu A66oei.aton in .thew. par ti c ipati,on in many community pno jec t.6 in the Gotden Tx&ngZe area. of -9n te3tinton y tvltereol, tvitne33 m y {ianct and Seal the C'itts of 71ederland t1tiy the 2 €.th ClaV o� Cig Secretary 97ja yor Li //� / c7 Lily o/ 11eIer[an cl, Jcxad 2 1 4 A A PROCLAXATION WHEREAS, the fifteenth annual commemoration of National Victims' Rights Week is planned for April 9 -15; and WHEREAS, almost thirty -five million Americans become victims of crime each year, with 5.7 million citizens falling prey to violence; and WHEREAS, the U.S. Department of Justice estimates that five out of six of today's twelve - year - olds - -83 percent of Americans that age - -will be the victims or intended victims of violent crime in their lifetimes; and WHEREAS, only 37 percent of crimes are reported to law enforcement officials; and WHEREAS, to fight the continuing threat of crime and victimization, all Americans must join together, committing their individual and collective resources to crime prevention and victim services; and WHEREAS, over 6,000 victim service, criminal justice and law en- forcement organizations will work together to observe the fifteenth annual commemoration of National Victims' Rights Week from April 9 -15, 1989; and WHEREAS, Crime Victims Task Force, a coalition of Social Service, Law Enforcement, Criminal Justice, Mental Health, Media, Businesses, and Government Entities not only during National Victims' Rights Week, but throughout the year; and WHEREAS, Crime Victims Task Force requires the commitment of con- , cerned citizens and leaders in both the public and private sectors to con- tinue providing quality services which aid the innocent victims of crime; therefore, be it RESOLVED, that the City of Nederland designate April 9 -15, 1989 as Southeast Texas Victims' Rights Week; and be it further RESOLVED, that the City of Nederland reaffirms its commitment to address victims' rights and criminal justice issues during Southeast Texas Victims' Rights Week and throughout the year; and be it further RESOLVED, that a suitable prepared copy of this proclamation be presented to Crime Victims Task Force. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of •, .^ -,;^ate Nederland this the 28th day of March, 1989. 3 -' Homer E. Nagel, Mayor 'City of Nederland, Texas Chris Serres, City Secretary City of Nederland, Texas 2151 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. April 11, 1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on April 11, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any additions and /or corrections to the written minutes of the March 28, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the March 28, 1989 meeting as written. All Voted Aye. Mr. Murphy Vaught, with Moore, Stansbury and Vaught Architects, opened and read bids received for resurfacing the C. Doornbos Park swimming pool. The two bidders were as follows: Coastal Pools, Beaumont, TX - Bid Bond for 5% of the greatest amount bid and base bid of $19,870.00; and Quality Pool Service, Pasadena, TX - no bid bond and base bid of $22,600.00. Quality Pool Service attached a statement relative to bid bonds stating that bonds are not required on bids which are less than $25,000.00, therefore, they did not submit a bid ' bond. Mayor Nagel asked that the bids be referred to Mr. Vaught for tabulation with recommendation to be made later in the meeting. Mr. D. E. Sosa, City Manager, reminded the Council that, at the last Council meeting, he was directed to place on this agenda a Resolution supporting House Joint Resolution 2 of the Texas Legislature as requested by Mr. Dan Morales. Mr. Sosa then read the resolution. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve Resolution 111989 -3 supporting House Joint Resolution 2 of the Texas Legislature. All Voted Aye. Mr. D. E. Sosa informed the Council that the City of Nederland has joined the steering committee made up of the majority of the incorporated areas of the Gulf States Utilities service area. The committee is recommending suspending the recent rate increase request until an attorney and rate consultants can review the rate increase request. The attorney and rate consultants will then report back to the steering committee with an opinion on the rate increase request. Mr. Sosa then read the resolution suspending the rate increase for a period of 90 days and calling for a Public Hearing to be held Tuesday, April 25, 1989 at 6:30 p.m. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve Resolution 111989 -4 suspending the Gulf States Utilities rate increase request for a period of 90 days and calling for a Public Hearing to be held Tuesday, April 25, 1989 at 6:30 p.m. All Voted Aye. 4 1 U Minutes Continued, April 11, 1989 Mr. D. E. Sosa, City Manager, informed the Council that the steering committee for the G.S.U. rate case has recommended the employment of Butler and Casstevens as special counsel in the G.S.U. rate case. Mr. Sosa is recommending the City of Nederland approve the employment of this firm. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to accept the steering committee's recommendation to hire Butler and Casstevens as special counsel in the G.S.U. rate case. All Voted Aye. Mr. D. E. Sosa informed the Council that it is the consensus of the steering committee, city attorneys, city managers and mayors in the G.S.U. service area to recommend the employment of Diversified Utility Consultants, Inc. as rate consultants in the G.S.U. rate case. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to accept the steering committee's recommendation to hire Diversified Utility Consultants, Inc. as rate consultants in the G.S.U. rate case. All Voted Aye. Mr. W. E. Sanderson, City Attorney, asked permission to intervene in Rate Case 8702, covering the environs of the G.S.U. service area. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to authorize the City Attorney to intervene the City in Rate Case 8702 covering the environs of the G.S.U. service area. All Voted Aye. Mr. D. E. Sosa explained to the Council that Item #9 is a housekeeping formality to officially appoint himself and Mr. W. E. Sanderson, City Attorney, to the rate case steering committee. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to ' authorize appointment of D. E. Sosa, City Manager, and W. E. Sanderson, City Attorney, as the City's representatives to the rate case steering committee. All Voted Aye. Mr. D. E. Sosa explained to the Council that Item X110, payment to d.p. Consulting Engineers for an amendment of environmental document, is part of the engineering requirements that the City is trying to meet in order to be eligible for the State revolving fund which would allow us to borrow money for sewer improvements. He went on to explain that, although the City was not eligible for funds this year, we do want to keep this option open should we decide to apply for funds in the future. Mr. Sosa added that this is part of the inflow /infiltration study and that he does recommend payment. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve payment to d.p. Consulting Engineers in the amount of $160.84, Job No. 188 -8B, amendment of environmental document. All Voted Aye. Mr. D. E. Sosa informed the Council that he is recommending payment of Estimate No. 1 in the amount of $43,247.44 to Excavators and Constructors. He then added that Mr. George Newsome, City of Groves, has verified the cost and accuracy of the amount of dirt used in the partial closure of the landfill to date. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve payment of Estimate No. 1 in the amount of $43,247.44 to Excavators and Constructors for the partial closure of the Mid County Municipal League Landfill. All Voted Aye. l 1� 1 Minutes Continued, April 11, 1989 At this time Mr. Murphy Vaught recommended that the Council award the bid for resurfacing the swimming pool at C. Doornbos Park to Coastal Pools, Inc., for their low bid of $19,870.00 less the $300.00 bid bond bringing their total bid to $19,570.00. Mr. D. E. Sosa informed the Council that the staff does concur with Mr. Vaught's recommendation. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to, award the bid to Coastal Pools, Inc., Beaumont, Texas in the amount of $19,570.00 for resurfacing the swimming pool at C. Doornbos Park. All Voted Aye. Mr. D. E. Sosa added that $24,000.00 has been budgeted to resurface the swimming pool. Mayor Nagel called for any questions and /or comments regarding the list of bills for March, 1989. Following a brief discussion of the monthly bills, a motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve payment of the monthly bills as presented by the City Treasurer. All Voted Aye. Mayor Nagel called for a recess in the regular meeting at 3:40 p.m. to conduct an Executive Session. The meeting was called back to order at 4:00 p.m. by Mayor Homer E. Nagel. Mayor Nagel announced that during the Executive Session the City Attorney and City Manager discussed a legal and personnel matter. This session was for informational purposes only and no action was taken at this time. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table the Executive Session. All Voted Aye. Discussion Items: 1. The City received a letter from the Y.M.C.A. requesting waiver of the rental fee charged by the City for use of the swimming pool at C. Doornbos Park. The Y.M.C.A. uses the city pool to conduct their swimming lessons each summer. The fee amounts to $720.00 per year. Mr. Sosa suggested that if the City agrees to waive this fee, we should agree to do so for one year only. It was decided to place this issue on the next agenda for consideration by the Council. 2. Mr. Rothrock reported a leak in the ditch on Gage between N. 2} Street and Hwy. 366. There being no further business, the meeting adjourned at 4:20 p.m. ATTEST: Homer E. Nagel, Mayor p City of Nederland, Texas Chris erres, City Secretary City of Nederland, Texas CITY OF.NEDERLAND RESOLUTION NO. 1989 -3 WHEREAS, Representative Dan Morales has introduced House Joint Resolution 2 proposing a constitutional amendment to provide for state funding of new legislative mandates on local governments; and WHEREAS, the City of Nederland has, in the past, funded legislative mandates with City funds; and WHEREAS, many of these mandates have placed an economic burden on the taxpayers and residents of the City of Nederland; and WHEREAS, the City Council of the City of Nederland is of the opinion that funding mechanisms should be attached to legislative mandates on local governments. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Nederland that House Joint Resolution 2 has the full support of the Nederland City Council. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland this the 11th day of April, 1989. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: t/ LC, z2 Chris Serres, City Secretary City of Nederland, Texas 1 1 Ll A R E S O L U T I O N No. 1989 -4 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY GULF STATES UTILITIES COMPANY FOR A PERIOD OF NINETY (90) DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, GULF STATES UTILITIES COMPANY ( "GSU ") did, on the 21st day of March, A.D. 1989, file a schedule of rates for service with the Citv of Nederland, Texas, to become effective on the 25th day of April , A.D. 1989; and, WHEREAS, the City Council of the City of Nederland, Texas, after having considered the presentation of GSU, is of the opinion that such schedule of rates should be suspended for a period of ninety (90) days from the effective date stated in GSU's Statement of Intent, as initially filed or hereafter revised, for further study, investigation, presentation of evidence and public hearing; and, WHEREAS, a copy of this Resolution has been provided to GSU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: The operation of the proposed rate schedules of GSU filed with the City of Nederland, Texas, on the 21st day of March, 1989, be, and the same is hereby suspended for a period of ninety (90) days from the effective date stated in 219 2 2 U I GSU's Statement of Intent, as initially filed or hereafter revised, for further study, investigation, presentation of evidence and public hearing. ADOPTED by the City Council of the City of Nederland, Texas, this 11th day of April, A.D. 1989. THE CITY OF NEDERLAND, TEXAS By HOMER NAGEL, MAYOR' ATTEST: Chris SelEres City Secretary 1 1 1 2�2 I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. April 25, 1989 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, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the April 11, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to approve the minutes of the April 11, 1989 as written. All Voted Aye. Mayor Nagel presented Rita Davis of the Mental Health Association of Jefferson County with a proclamation declaring May 1989 as "Mental Health Month" in the City of Nederland. Mrs. Davis stated that the Mental Health Association serves all of Jefferson County. They are responsible for helping children, their families and the public learn the facts about mental health and illnesses. The Mental Health Association has a toll free telephone number available to all persons wishing to obtain information on mental health. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to ' approve a Proclamation declaring May 1989 as "Mental Health Month" in the City of Nederland. All Voted Aye. Mayor Nagel presented Mr. Jon Cesari and Mr. Larry Easley of the Young Men's Business League with a proclamation declaring May 1 -7, 1989 as "Rodeo Week" in the City of Nederland. Mr. Cesari stated that the YMBL has many programs to benefit the area youth as well as organizing a professional rodeo each year. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve a Proclamation declaring May 1 -7, 1989 as "Rodeo Week" in the City of Nederland. All Voted Aye. Mayor Nagel presented Debra Conrey of Goodwill Industries with a proclamation declaring May 7 -13, 1989 as "Goodwill Week" in the City of Nederland. Mrs. Conrey stated that Goodwill Industries provides training opportunities for disadvantaged adults. She also extended an invitation to everyone to visit their facility and to see the progress that is being made. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to approve a Proclamation declaring May 7 -13, 1989 as "Goodwill Week" in the City of Nederland. All Voted Aye. Mayor Nagel called a Public Hearing to order at 6:43 p.m. for the purpose of receiving question and /or comments relative to the Gulf States Utilities' rate request filed March 21, 1989. Citizens present were Mike Judice, 761 Texas Avenue, Port Neches; R. E. Rothrock, 213 - 5 Street, Nederland; R. M. McKenzie, Rt. 2, Beaumont; John M. Minutes continued, April 25, 1989 Oliver, Rt. 6, Beaumont; J. P. Sudela, 3112 Avenue A, Nederland; Bettie McArthur, 1023 Verna, Nederland; Vernon Hardcastle, 6345 Ivanhoe, Beaumont, Wanda Weatherford, 312 Avenue F, Nederland; Maurice Talbert, 1011 - 31 Street, Nederland; Betty Dixon, P. 0. Box 891, Nederland; and, Dr. D. Brewer, 1107 - 23 Street, Nederland. Mayor Nagel announced that the hearing was for informational purposes only and to bring the citizens up -to -date on the recent filing by Gulf States Utilities for a rate increase. Mayor Nagel then informed the citizens in attendance that the City of Nederland has joined with other cities in the Gulf States Utilities service area to hire an attorney and a consultant to study and advise the city relative to Gulf States rate increase request. He added that the experts have not had adequate time to study the request but will be reporting back to the cities. Mayor Nagel then asked Mr. Ron McKenzie, Division Vice President of Gulf States Utilities to give an overview of the rate increase request. Mr. R. N. McKenzie, Division Vice - President, Gulf States Utilities, gave an overview of the rate increase request and presented the financial condition of Gulf States Utilities. Mr. Robert Rothrock, 213 - 5 Street, commented that he is not in favor of a rate increase but if any company deserves an increase it would have to be Gulf States. He also commented that Gulf States should not be liable for attorney's fees representing the cities. He suggested city officials meet with Gulf States' officials to come to an agreement without the aid of attorneys on either side. Mayor Nagel responded to Mr. Rothrock's comments by stating that last year ' city officials did try to meet with Gulf States' officials several times but no agreement could be reached that was satisfactory to both sides. Mayor Nagel also stated that Gulf States does reimburse the cities for their attorney's fees but they in turn pass the expense on to the customers. Mr. Bill Weatherford, 312 Avenue F, commented that Gulf States' customers have no choice but to pay the attorney's fees because of their need for electricity. After a substantial discussion relative to the rate case Mayor Nagel adjourned the Public Hearing at 7:27 p.m. D. E. Sosa, City Manager, informed the Council that the Planning and Zoning Commission is recommending approval of the preliminary and final plat of Forest Central One, Phase 4, which is outside Nederland's city limits but within the extra - territorial jurisdiction. Mr. Sosa then added that John Morrison of Morrison and Miller is the developer of this subdivision. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to accept the Planning and Zoning Commission's recommendation to approve the preliminary and final plat of Forest Central One, Phase 4. All Voted Aye. The City Manager then informed the Council that Item #11 is a resolution which the Chamber of Commerce requested to be placed on the agenda relative to Hotel /Motel tax. 223 Minutes continued, April 25, 1989 At this time the meeting was turned over to Mrs. Betty Dixon, Executive Manager of the Nederland Chamber of Commerce. Mrs. Dixon introduced Jim McDaniel, Vernon Hardcastle, Maurice Talbert, Don Brewer and Wanda Weatherford. Mrs. Dixon then read the resolution which calls for an increase in the hotel /motel occupancy tax rate in Nederland to 13% (7% local, 6% state). The increase in funds would allow the Chamber of Commerce to reduce their apportionment of the funds to 80% instead of the current 85 %, and in turn, allocate 57 of the funds collected to the Nederland Historical Society. After a lengthy discussion relative to how the funds allocated to the Historical Society would be spent, a motion was made by Councilman Doornbos and seconded by Councilman Sawyer to table action on this item until the Historical Society could present the Council with a proposed budget. All Voted Aye. D. E. Sosa informed the Council that he had discussed with Mr. Nance, Y.M.C.A., their request for a waiver of the swimming pool fees. Mr. Nance assured Mr. Sosa that if the fees were waived, the Y.M.C.A. would not have a price differential for members and non - members enrolled in swimming lessons. Mr. Sosa stated that the rental fees amount to approximately $720.00. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to waive the pool rental fee for Y.M.C.A. swimming lessons for the summer of 1989. All Voted Aye. The City Manager stated that Item 419, approving the water supply contract with the Lower Neches Valley Authority for two years, is a routine item and the ' staff is recommending the approval beginning June 1, 1989. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to renew the water supply contract with the Lower Neches Valley Authority for a period of two years beginning June 1, 1989. All Voted Aye. At this time D. E. Sosa read the caption of Ordinance No. 164 setting dates for regular Council meetings to be held from May 9, 1989 through April 24, 1990. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve an amendment to Ordinance No. 164 setting dates for regular Council meetings to be held from May 9, 1989 through April 24, 1990. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Councilman Bourque and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. Discussion Items: 1. Mayor Nagel received a letter asking the City of Nederland to approve a Proclamation declaring May 19 as "Bum Phillips Day ". There being no further business, the meeting was adjourned by Mayor Homer E Nagel at 8:35 p.m. 24 Minutes continued, April 25, 1989 Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: J Chris Serre , City Secretary City of Nederland, Texas 1 1 CITY OF NEDERLAND A PROCLAMATION WHEREAS, Children are dependent on adults for sustenance, guidance, security and other factors necessary for good mental health; and WHEREAS, More than eight million children in the U.S. suffer from a mental or emotional disorder; and WHEREAS, Many mental and emotional disorders can be successfully treated with psychotherapy, medication, or a combination of both; and WHEREAS, An acute lack of understanding concerning importance of good mental health and the facts of mental illnesses exists in the public today; and WHEREAS, The Mental Health Association in Jefferson County is helping children, their families and the public learn the facts about mental health and illnesses; and WHEREAS, Every year since 1953, May has been designated Mental Health Month in America; and WHEREAS, To commemorate this month, the Mental Health Association in Jefferson County will sponsor a May 4 Children's Mental Health Fair at the Beaumont Plaza Holiday Inn; and ' WHEREAS, All area churches will ring their bells at 5:30 p.m. on May 4 to "remember the children "; now therefore be it RESOLVED That all citizens in Nederland, Texas hear this call for action to join the volunteers, staff and supporters of the Mental Health Association in remembering the children by attending this event at 5:30 p.m. on May 4. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 25th day of April, 1989. it y' a. H mer E. Nagel, Mayor .,. City of Nederland, Texas Chris Serres, City Secretary City of Nederland, Texas `.� b CITY ;.. ti- NEDERLAND —J'F?Q HAMMtU rKUk."r.ZOra - Mid- Jefferson County, Texas Office, of the filzpr 0490 ,: —9, HomeA/ E. Nage�E , l y virtue o f the allillorily vejted in nee a6 9ll a yor o f the laity of ljederlancl, Jexa4, do Ieerely `�roclaint May 1 -7, 1989 .fits "Rodeo Week" in t{te City of Ileclerlai , Jexas, art' urge each and every C,t� itize,t of our City to 6uppott the young Men'6 Bub.inezb League and paAti.ci.pate in the it many ptopmm to bene6 t the area youth. _Yrt te3terleorey ufeereo1, tvitne6 /3 "IV Ieand and / Seat of tee City of //ecierlacn�J t /ei:t tfte 25-th daV o/ Apti , 1989 , A. -T. `' ia 1 1 1 1 1 wilux U1 i1IY eztavul J, Hom/eA E. Nagel , IV virtue 0114e aulliority ve -4tecl in me aj Illayor of t1ee City of ilederlanal, ,Jexai, 11. 4erel y Proclaim May 7 -13, 1989 ../tT d "Goodwin Week" 4 Z 4 iin�� t1ze City of l ederCand, 5exa6, and urge each and every Citizen of our City to zuppoLt and tecogni.ze the eb6mte o6 GooduziU Indu tAiu " they pnov.ide .tAa.in,i.ng oppontu.nitia bon d. 6advantaged adults. ill / l edtimony e/vIieereo/l witnedd my icand anal / Seat AAA C of toe City ol /ledernnland tb, 1/,, 25th dad o� Apn i,2, 1989 . ttejt: City Secretary jay or /J (,ity of 7jeclerCand, Jexa9 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM.MAY 9, 1989 THROUGH APRIL 24, 1990. 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 Cit; 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 9 June 13 July 11 September 12 October 10 November 14 December 12 January 9 February 13 March 13 April 10 the remainder of the meetings shall begin at 6:30 p.m. on the following dates: May 23 June 27 July 25 August 8 August 22 September 26 October 24 November 28 r\ December 19 January 23 February 27 March 27 April 24 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the 25 day of April , 1989. Chris Serres,'City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: n r\ Chris Serres,'City Secretary City of Nederland, Texas 229 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 3:00 P.M. May 9, 1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Tuesday, May 9, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the April 25, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the April 25, 1989 meeting as written. All Voted Aye. Mayor Nagel called for the canvassing of the returns for the May 6, 1989 General Election. Mrs. Luetta Powell, Election Judge, reported that a total of 139 votes were cast in the Absentee and General elections combined. She then reported that the following number of votes were cast for each candidate: ROBERT SAWYER COUNCILMAN WARD I 127 MICHAEL BOURQUE COUNCILMAN WARD III 129 Mrs. Powell then presented a statement of compensation to the Mayor and Council for payment of the election officials in the amount of $362.50 in accordance with State Statutes Article 3.08 of the election code. Mayor Nagel commended Mrs. Powell and her staff for an excellent job they always do with the elections for the City of Nederland. Chris Serres, City Secretary, administered the Oath of Office to Robert D. Sawyer, Councilman Ward I; and Michael R. Bourque, Councilman Ward III. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to approve payment in the amount of $362.50 to election officials in accordance with State Statutes Article 3.08 of the election code. All Voted Aye. At this time Mayor Nagel introduced Mr. Marvin Kebodeaux, 1989 Chairman of the Nederland Heritage Festival. Mr. Kebodeaux took this opportunity to thank the Council and the staff of the City of Nederland for their support of the Festival. He then presented the Council with a key ring as an appreciation gift from the Festival committee. Mayor Nagel commended the citizens of the community who participate in the planning of the annual Heritage Festival. He stated that compared to these volunteers the City's efforts seem small. X11 () Minutes Continued, May 9, 1989 Mayor Nagel stated that Councilman LeBlanc had a presentation he would like to make at this time. Councilman LeBlanc reported that he attended the opening day ceremonies of the Nederland North Little League and they presented him with a plaque to the City of Nederland recognizing the City's continued support for the youth of Nederland. Councilman LeBlanc then presented the plaque to Mayor Nagel. Mayor Nagel introduced Kenneth Waldrep of V.F.W. Post 6384. Mr. Waldrep thanked the Council for their recent Proclamation for "Voice of Democracy Week ". He then presented the Mayor with a Voice of Democracy Award Citation for the City of Nederland. Mayor Nagel accepted the citation on behalf of the City and then he read it. Mr. Waldrep then announced that on May 29, 1989 at 9:00 a.m. a Memorial Service would be held at Tex Ritter Park and invited everyone to attend. D. E. Sosa, City Manager, informed the Council that Item 115, raising the City's motel tax, was an item tabled at the last meeting. He reported that since that meeting he has met with the City Attorney and the Historical Society regarding a reporting method for funds collected from the motel tax. Mr. Sanderson, City Attorney, reviewed the Chamber of Commerce's reporting method and it appeared to be in perfect order. Mr. Sosa stated that the Historical Society has agreed to adopt the same reporting method if the Council agrees to allocate funds to their organization. He also reported on what each entity would be responsible for. The Chamber of Commerce will ' continue to operate the Windmill Museum and the City will maintain the outside and yard work at the Windmill. The Historical Society will operate the gift shop, special events, and maintain, procure and preserve historical artifacts. Mr. Sosa is recommending that the City receive 15 %, Chamber of Commerce, 80%, and the Historical Society 5%. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve an amendment to Ordinance No. 284 raising the City of Nederland's hotel /motel tax rate from 4% to 7 %. All Voted Aye. Mrs. Betty Dixon, Executive Manager of the Chamber of Commerce, on behalf of their Board of Directors and members thanked the City for their support. Mayor Nagel informed the Council that Mid - Jefferson Hospital called to request the tabling of Item 117, proclaiming May 21 -27 as "Mid- Jefferson Hospital Week" until our next meeting. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table proclaiming May 21 -27, 1989 as "Mid- Jefferson Hospital Week" until the next council meeting. All Voted Aye. Mayor Nagel presented Police Chief Billy Neal with a proclamation declaring May 15, 1989 as "National Peace Officers' Memorial Day" in Nederland. Chief Neal announced that on May 15, 1989 there will be a meeting at the Beaumont Civic Center to recognize Officer Hulsey and other officers killed in the line of duty. Minutes Continued, May 9, 1989 A motion was made by Mayor Nagel and seconded by Councilman Bourque to approve the proclamation declaring May 15, 1989 as "National Peace Officers' Memorial Day" in Nederland. All Voted Aye. The City Manager informed the Council that he is recommending payment of Estimate No. 2 in the amount of $133,519.54 to Excavators and Constructors. He then added that Mr. George Newsome, City of Groves, has verified the cost and accuracy of this amount. Mr. Sosa stated that the Phase I of the landfill closure is approximately 41% completed. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve payment of Estimate No. 2 in the amount of $133,519.54 to Excavators and Constructors for the partial closure of the Mid County Municipal League Landfill. All Voted Aye. Mayor Nagel called for any questions and /or comments regarding the list of bills for the month of April, 1989. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve payment of the monthly bills as presented by the City Treasurer. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. Discussion Items: 1. Councilman LeBlanc asked about the progress of the repair work being done on the swimming pool at Doornbos Park. Mr. Sosa reported that the work is completed and the pool should be open on weekends starting May 20. 2. Councilman Doornbos reported that National Guardian Security is having problems with their sewer. Mr. Sosa reported that the City has placed a back flow protector on their line and we did not hear from them during the last rain. 3. Councilman Doornbos requested a copy of the master plan for C. Doornbos Park. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 3:40 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: I lw,�A Chris Serres, City Secretary City of Nederland, Texas 931, 232 1 P"N I.V 11V. L.4 AN ORDINANCE PROVIDING FOR A "HOTEL /MOTEL OCCUPANCY TAX" AND ENTITLED "HOTEL OCCUPANCY TAX" CONTAINING THEREIN DEFINITIONS: LEVYING A TAX EQUAL TO SEVEN PERCENT (7 %) 01' THE CONSIDERATION OF THE COST OF OCCUPANCY OF ANY ROOM OR SPACE IN ANY HOTEL /MOTEL WITH CERTAIN EXCEPTIONS; PROVIDING FOR DISPOSITION OF REVENUE, COLLECTION, REPORTS, RULES AND REGULATIONS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION BY PUB- LISHING THE CAPTION ONLY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: Levy of tax; rate; exception. There is hereby levied a tax upon the occupant of any room or space furnished by any hotel where such cost of occupancy is at the rate of Two Dollars (52.00) or more per day, such tax to be equal to seven percent (7%) of the consideration paid by the occupant of such room, space or facility to such hotel, exclusive of other occupancy taxes imposed by other governmental agencies, effective as of July 1, 19S9 SECTION 2: This Amendment to Ordinance No. 284 shall be published by pub- lishing the caption thereof, three consecutive time in the Mid County Chronicle, the official newspaper of the City of Nederland. SECTION 3: ' This Ordinance shall be effective July 1 1989 PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland at a regular meeting held on the 9 day of May , 1989. Eomer E. Nagel, Mayorz City of Nederland, Texas ATTEST: Chris SerreS; City Secretary City of Nederland, Texas APPROVED AS "TO,-FORM AND LEGALITY: 'W. E. Sanderson, City Attorney City of Nederland, Texas r� G y r. r Office of toe efflupr 233 i rim V( .Y, HomeA E. Nagee , IV virtue o114e attll/torily vedtect ill me as 7 11/ayor of l'te City o/ 11,derictild, Jexae, do hereby n Proclaim May 15, 1989 Ab "Nati.onae Peace 066iceu Memotiat Jay" ill ll/te City of leclerCandt Jexad, aitd arge eac/e attd every .ilizen of our City to neeogn,ize -those .tau; en6oneement 066iceu who Zoe.t -the-iA Zi.veb in the .Pine o5 duty during 1988. ✓tt le.Stimony tultereolt tuitn.e63 ing l/iattcl and Seat l the City o f Yjeclerlancl l�tij 11te 9th clay of o t e ,p, t May, 1989 , Jr T� Tit Call _�ecrelartt or C cc--77 ly of //ederla�/j/ J ttclt exas 234 -g REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 6:30 P.M. May 23, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Tuesday, May 23, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the May 9, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the minutes of the May 9, 1989 meeting as written. All Voted Aye. Mayor Nagel presented Mrs. Pat Greene of AMI Mid - Jefferson Hospital with a Proclamation declaring May 21 -27, 1989 as "Mid- Jefferson Hospital Week" in Nederland. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve a proclamation declaring May 21 -27, 1989 as "Mid- Jefferson Hospital Week" in Nederland. All Voted Aye. At this time Mayor Nagel welcomed Mr. John Grossmeier, Director, Mid - Jefferson ' Hospital. Mr. Grossmeier announced that the hospital is celebrating its 25th anniversary this week and that they appreciate the City proclaiming May 21 -27, 1989 "Mid- Jefferson Hospital Week ". Councilman LeBlanc, on behalf of the Knights of Columbus, was presented a proclamation by Mayor Nagel declaring June 11 -17, 1989 as "National U.S.A. Flag Week ". A motion was made by Councilman Doornbos and seconded by Councilman Bourque to approve a proclamation declaring June 11 -17, 1989 as "National U.S.A. Flag Week" in Nederland. All Voted Aye. Mr. D. E. Sosa, City Manager, explained that Item X15, renewal of the Employee Assistance Program, is a program that has been in existence for approximately two years. Last year 10 -15 employees took advantage of the program, which offers counseling to the employee or a member of his immediate family. The program is designed to assist with problems ranging from drug and alcohol dependency to financial difficulties. Mr. Sosa stated that when an employee is suffering from a physical or emotional problem, his work also suffers. Therefore, assisting an employee with his problems would prevent a decrease in work performance and he does recommend renewing the City's Employee Assistance Program. A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve renewal of the City's Employee Assistance Program effective July 1, 1989 through June 30, 1990. All Voted Aye. D 1 7 L__j Minutes continued, May 23, 1989 The City Manager informed the Council that the statement for services rendered in connection with the Gulf States Utilities rate case presented by Mr. W. E. Sanderson, City Attorney, has been reviewed and payment is recommended. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve Resolution 1989 -5 declaring expenses incurred by W. E. Sanderson, City Attorney, in connection with the Gulf States Utilities rate case, Docket #8702, reasonable and necessary and to approve payment to Mr. Sanderson in the amount of $1,512.50 for professional services rendered in connection with this case. All Voted Aye. Mr. D. E. Sosa, City Manager, informed the Council that he does recommend payment to Butler and Casstevens in the amount of $542.96 for Nederland's proportionate share of Gulf States Utilities' rate case, adding that this payment is for attorney's fees incurred in connection with the appeal filed by Gulf States Utilities Company, which is in District Court. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to authorize payment to Butler and Casstevens in the amount of $542.96, representing Nederland's proportionate share of the Gulf States Utilities' rate case. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. Discussion items: 1. Mr. Jackie Canon, Waste Management, presented the Council with a brochure which outlines the concept of recycling household garbage. He then explained that, should Waste Management be awarded the bid for the collection and disposal of household garbage, they would like to implement a pilot program consisting of 500 homes in Nederland. Mr. Canon then gave an overview of the proposed pilot program, adding that recycling garbage decreases the volume of garbage being brought to landfills by 25%. Mayor Nagel thanked Mr. Canon for the presentation and added that Nederland will be making a decision regarding the collection and disposal of garbage within the next few months. 2. Mr. Robert Rothrock reported that Drainage District No. 7 needs to clean the drainage ditch located at Hwy. 366 @ Gage Avenue. 3. Mr. Sosa reported that he met with Mr. Robert Stroder to discuss the possibility of locating a correctional facility in our area. Mr. Stroder was inquiring as to the amount of money the City would be willing to spend to lay water and sewer lines to the proposed prison facility. The City Manager advised Mr. Stroder that a cost estimate and various options would need to be made available to the City for review, with the final decision being made by the City Council. 4. Mayor Nagel informed the Council that the South East Texas Regional Planning Commission has appointed him to the 911 Emergency Telephone Committee and the first meeting will be conducted next week to work out 235"., 236 Minutes continued, May 23, 1989 the details for initiating this program. Mayor Nagel added that the program will hopefully be in operation within the next 12 -18 months. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 7:35 p.m. ATTEST: �! J Chris Serre's, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 4;QUO r. Wfficl u-f Itle �,Hauclr r ✓, .�JT�!1 �1Y C!� 4V virtue of the auf�torif f vestecl in me ae V/a yor o t4e City of 7 ecierCand, _texas, 11, llere4 Proclaim :�4s 237 de ���.� /' c -Aw I / n /cc7 !D � in t1Le ity o /� eclerCand, Jexaj, and urge each and ever 9nn teilimo//nny /wlL/elreo l witneJ s /rte �La /LCt a/LC�/ Seat of tl e City oI i/ecterlancl this t1te ZO� day of (.itfj Secretary Ci // ty of /7ecl/ erf c� and, ,Jexa-4 239 Wi ire vt illr 4fiauvr t 3: �� Hamelt E. Nag e2 ,JIV virtue o f%�te auic�t7orifV veiled i1a me a6 7 a yor of Me (amity o/ Yjederland, Jexa .4, elo It ere4 Proclaim June 11 -17, 1989 Aj "Na.ti.onaX U.S.A. Hag week" ill the City of 7 ecterland, Jexaj, and urge each and every C1 ifizen of our City to pa-tici.pate .i.n.the Knights o4 Co.eumbcL6 Fiag Day June 11, 1989 and be mindbuk ob the patJe,iotti,6m and heAoism which allows bon 6ueh an event. -911 t eitimoa y f/uliee77reol, tuititedb my hand anct Seat ,j Elte ( ifs o� i�ecterlanc� t /ti3 flte 23nd day of May, 1989 City Secretary rj i //Mayor City of V ederlaltct, Jexa9 CITY OF NEDERLAND RESOLUTION NO. 1989 -5 A RESOLUTION APPROVING BILLS OF W. E. SANDERSON, CITY ATTORNEY, IN GULF STATES UTILITIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 8702. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of W. E. Sanderson, ;ity Attorney, is marked Exhibit "A" and attached hereto and is hereby ap- proved and found to be reasonable and for necessary services to the City of Nederland with respect to the Gulf States Utilities' rate application in- :luding Public Utility Commission Docket No. 8702. SECTION 2: That claim for reimbursement shall be presented to -ulf States Utilities Company in the amount thereof, under authority of the ublic Utility Regulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City ouncil of the City of Nederland, held on the 23rd day of May, 1989. Homer E. Nagel, Mayor City of Nederland, Texas TTEST: r ! n L )ris Serres, City Secretary ity of Nederland, Texas 'PROVED AS 0 FORM AND LEGALITY: E. Sanderson, City Attorney _ty of Nederland, Texas 239 2n0 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 3:00 P.M. June 13, 1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. Tuesday, June 13, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer and Councilman Carl N. "Cropo" LeBlanc. Members absent were Councilman Billy W. Doornbos and Councilman Michael R. Bourque. Mayor Nagel called for any corrections and /or additions to the minutes of the May 23, 1989 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to approve the minutes of the May 23, 1989 meeting as written. All Voted Aye. Mr. and Mrs. Tim Romero, on behalf of the Triplex Sertoma and Triplex Breakfast LaSertoma, presented Mayor Nagel and Chief Neal with two teddy bears to be donated to the police department for use in child trauma situations. Mayor Nagel and Chief Neal thanked the clubs for the donation of the bears and commended them for the outstanding community service provided by their clubs. Mr. D. E. Sosa, City Manager, informed the Council that it came to the attention of Judge Hughes that the City Secretary, under Nederland's home rule ' charter and Ordinance No. 13, serves as Court Clerk. Mr. Sosa stated that it would better serve the court if the police department secretaries, Kelly Galloway and Debby Griffin, could be appointed deputies by the City Secretary to serve as Court Clerks. Mr. Sosa then read the amendment to Ordinance No. 13. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve an amendment to Ordinance No. 13 allowing the City Secretary to appoint deputies to serve as Court Clerks. All Voted Aye. The City Manager reported to the Council that he and Chief Neal was approached by Mr. Kip Lewis of Capital Assistance Group and Transworld Systems, Inc., relative to the City of Nederland entering into an agreement with them for collection of delinquent municipal court fines. Mr. Sosa reported that at this time the City has $32,000.00 outstanding in delinquent fines. Mr. Lewis feels he could collect a substantial amount of the outstanding fines and guarantees to collect at least twice the amount of his fee. This company also collects fines for the City of Athens and the City of Lufkin. Mr. Sosa stated the City has verified the results with both these cities and the report was very impressive. Based on this information, both Chief Neal and Mr. Sosa recommend entering into an agreement with this company. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to authorize entering into an agreement with Capital Assistance Group and Transworld Systems, Inc. for collection of delinquent municipal court fines. All Voted Aye. Minutes Continued, June 13, 1989 Mr. D. E. Sosa, City Manager, reported that Item 116 is payment on two contracts which are now in progress relative to the closure of the landfill. The first payment in the amount of $144,520.21 is for Estimate No. 3, Contract No. 1, dirt and fill. The second payment in the amount of $8,916.52, is for Estimate No. 1, Contract No. 2, closure of the landfill. Both payments are to Excavators and Constructors. Mr. Sosa is recommending payment of both estimates. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to approve payment of Estimate No. 3 in the amount of $144,520.21 for Contract No. 1 (dirt and fill) and Estimate No. 1 in the amount of $8,916.52 for Contract No. 2 (closure of landfill) to Excavators and Constructors. All Voted Aye. The City Manager informed the Council that Mr. James Byers, Building Official, and Mr. John Bernard, Water and Wastewater Superintendent, recommend payment of Estimate No. 2 and Final to John Bankston Construction and Equipment Rental, Inc. for the construction of water and sewer improvements in Christina Court Section Three and payback to developer as per Ordinance No. 121. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to authorize payment of Estimate No. 2 and Final to John Bankston Construction and Equipment Rental, Inc. in the amount of $2,939.90 for water and sewer improvements in Christina Court Section Three; and authorize payback to developer in the amount of $31,162.94 as per Ordinance No. 121. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve payment to Coastal Pools, Inc. in the amount of $19,070.00 for resurfacing of the Nederland Doornbos Park swimming pool. All Voted Aye. The City Manager reported to the Council that Item 119, payment to Butler and Casstevens for Nederland's proportionate share of the Gulf States Utilities' rate increase, is for work done on the appeal and he is recommending payment. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment to Butler and Casstevens in the amount of $1,157.49, Nederland's proportionate share of the Gulf States Utilities' rate case. All Voted Aye. Mayor Nagel called for any questions and /or comments regarding the list of bills for the month of May, 1989. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment of the monthly bills as presented by the City Treasurer. All Voted Aye. 241 Mr. D. E. Sosa, City Manager, informed the Council that the resurfacing of the ' swimming pool at Doornbos Park has been completed and the statement has been submitted for payment. Mr. Murphy Vaught with Moore, Stansbury and Vaught Architects, recommended the City hold payment for 30 days to let the surface set. Mr. Vaught reported that the 30 days has expired and he is recommending payment at this time. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve payment to Coastal Pools, Inc. in the amount of $19,070.00 for resurfacing of the Nederland Doornbos Park swimming pool. All Voted Aye. The City Manager reported to the Council that Item 119, payment to Butler and Casstevens for Nederland's proportionate share of the Gulf States Utilities' rate increase, is for work done on the appeal and he is recommending payment. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment to Butler and Casstevens in the amount of $1,157.49, Nederland's proportionate share of the Gulf States Utilities' rate case. All Voted Aye. Mayor Nagel called for any questions and /or comments regarding the list of bills for the month of May, 1989. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment of the monthly bills as presented by the City Treasurer. All Voted Aye. 241 242 Minutes Continued, June 13, 1989 Mayor Nagel called for a recess in the regular meeting at 3:32 p.m. to conduct an Executive Session. The meeting was called back to order at 4:35 p.m. by Mayor Homer E. Nagel. Mayor Nagel announced that during the Executive Session the City Attorney and City Manager discussed a legal matter. This session was for informational purposes only and no action was taken at this time. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to table the Executive Session. All Voted Aye. Discussion Items: Mayor Nagel received a request to issue a Proclamation declaring Monday, June 26, 1989, as "Christi Weber Day" in Nederland. Miss Weber currently holds the title of Miss Nederland and will be competing in the "Miss Texas U.S.A." Pageant, June 26, which will be aired on Channel 6. Mayor Nagel will approve the Proclamation administratively. There being no further business, the meeting adjourned at 4:35 p.m. Homer E. Nagel, Mayor T7 City of Nederland, Texas ATTEST: �� Lmz�� Chris Serre , City Secretary City of Nederland, Texas G 1 243 AN AMENDMENT TO ORDINANCE NO. 13 AN ORDINANCE ESTABLISHING A CORPORATION COURT; SETTING TERRITORIAL LIMITS; APPOINTING EX— OFFICIO RECORDER AND EX— OFFICIO CLERK; AND ADOPTING RULES OF PROCEDURE FOR THE CORPORATION COURT. WHEREAS, under Article 45.01 of the Code of Criminal Procedure, the City of Nederland, a home rule city, has chosen to allow the City Secretary to appoint deputies to serve as Court Clerk; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 8 A: That the City Secretary shall, for the purpose of conducting court business, be authorized to appoint deputies to serve as court clerk for the Nederland Municipal Court, ' READ, APPROVED AND ADOPTED THIS Ae� day of n �.a3 / 1989, at a regular meeting of the City Council of the City of Nederland, Texas. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 244 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 6:30 P.M June 27, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. Tuesday, June 27, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the June 13, 1989 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the minutes of the June 13, 1989 meeting as written. All Voted Aye. Mayor Nagel took this opportunity to welcome everyone present and to thank them for joining in this great occasion of receiving a donation by Vivian Escagne in memory of Howard McDaniel. Mrs. Escagne is the artist of the Nederland Town Poster and is donating the original to the City of Nederland. At this time Mrs. Escagne stated that she was pleased to present the Nederland Town Poster to the City as a token of love in memory of Howard McDaniel. Mayor Nagel invited Mr. McDaniel's mother and two daughters to assist him in receiving the donation. Mrs. Escagne then presented them with the poster and ' a plaque. Mayor Nagel then recognized Mrs. JoAnn McDaniel, Mr. McDaniel's wife, along with the City Managers of Groves and Bridge City and the Financial Director of the City of Port Arthur. Mr. D. E. Sosa, City Manager, reminded the Council that for the last 8 -10 months the City has been comparing garbage service rates between private services and City of Nederland services. Mr. Sosa explained in detail the rate comparisons between the low bidder, Waste Management, and the City of Nederland. After a lengthy discussion the City Manager informed the Council that he is recommending the City continue to provide the citizens with garbage service. Mayor Nagel called for any questions and /or comments from the citizens in attendance relative to garbage service. There were several questions from the citizens in attendance relative to trash pick -up. Mayor Nagel responded that the private carrier would not be able to provide the same quality of trash pick -up as provided by the City. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to reject the bid of Waste Management, Inc. and to continue to provide the citizens of the City of Nederland with collection and disposal of solid waste. All Voted Aye. Minutes Continued, June 27, 1989 Mr. D. E. Sosa, City Manager, stated that in this year's budget he is proposing to computerize at least the Tax and Water Departments. Mr. Sosa reported to the Council that Chris Serres, City Secretary, visited with the City of Baytown relative to their computer system. Mrs. Serres met with a represe'n'tative of Infosol, Inc. while she was in Baytown and was in favor of contracting with them as a consultant in preparing, evaluating and selecting computer hardware and software for the City. Mr. Sosa stated that Infosol, Inc.'s fee is $50.00 per hour, not to exceed $4,000.00 and he is recommending the employment of Infosol, Inc. to serve as consultants. A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to authorize Infosol, Inc. of Houston, Texas, to act as the City's consultant in preparing, evaluating and selecting computer hardware and software for the City of Nederland. All Voted Aye. In accordance with the City Charter, Mayor Nagel announced the appointees to serve as City Officials from July 1, 1989 to June 30, 1990 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; Richard Hughes, City Judge; and W. E. Sanderson, City Attorney. Mayor Nagel then announced appointees to serve as Emergency Management Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Emergency Management Coordinator and Billy Neal, Assistant Coordinator. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve the appointees to serve as City Officials and Emergency Management Officials from July 1, 1989 to June 30, 1990 as presented by Mayor Nagel. All Voted Aye. The City Manager recommended approving the request of W. E. Sanderson, City Attorney, to attend the Texas State Bar and City Attorneys' Meeting in San Antonio June 28 -30, 1989. He stated that according to the City's travel policy Mr. Sanderson is eligible to attend the state meetings. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the City Attorney to attend the Texas State Bar and City Attorneys' Meeting in San Antonio June 28 -30, 1989. All Voted Aye. Mr. D. E. Sosa, City Manager, presented the Council with an overview of the proposed 1989 -90 Annual Budget, focusing on the highlights of the proposed budget. Among those provisions of interest were: a 3% across the board employee pay raise with 1% increase in benefits; a $30,000 allowance for computers, available due to not replacing the Administrative Assistant; a $22,000 increase in the Fire Department Capital Outlay fund for a new utility truck and personal safety equipment; a $65,000 decrease in the street program, to assist in balancing the budget; a decrease in the amount budgeted for major maintenance needed at the Water Plant by $110,000 (this amount to be taken from the Water Fund Capital Outlay); and no rate increase of any services is recommended. Mr. Sosa concluded the budget overview by stating that this proposal was aimed at keeping cost down without sacrificing the quality of services to our citizens, yet still providing for a pay increase for City employees. The City Manager then added that although the staff was able to present a balanced budget this year the City may need to look into some other means of generating funds for the upcoming years due to a decrease in taxable values since 1986 which has resulted in a $178,000 loss of tax dollars. 245 246 Minutes Continued, June 27, 1989 Mayor Nagel called for any questions and /or comments relative to the proposed 1989 -90 Annual Budget. A lengthy discussion was held relative to the budget with no action necessary at this time. There being no legal or personnel matters to discuss, a motion was made by Mayor Nagel and seconded by Councilman LeBlanc to table the Executive Session. All Voted Aye. Discussion Items: 1. Mayor Nagel reported drainage problems at the corner of 27 Street and Canal Avenue. The problem has not been determined at this time due to the high water. 2. Mr. Sosa reported very poor drainage at Hwy. 69 and Park Street. This entire area is having difficulty draining. He stated that we will combine forces with Drainage District No. 7 and the Highway Department to help alleviate the problems in this area. 3. Mr. Rothrock reported drainage problems in the ditch along 3rd Street. Mr. Sosa stated he would contact Drainage District No. 7 and ask if the grate could be left out of the ditch entirely, since this grate causes blockage in the culvert. There being no further business, the meeting was adjourned by Mayor Homer E. I Nagel at 8:22 p.m. ATTEST: ZhrlsrSerressl City Secretary City of Nederland, Texas ��� ZZ �� Homer E. Nagel, MayorV City of Nederland, Texas 1 247 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. July 11, 1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on July 11, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any additions and /or corrections to the written minutes of the June 27, 1989 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to approve the minutes of the June 27, 1989 meeting as written. All Voted Aye. Mayor Nagel read a Proclamation declaring July 14 -20, 1989 as "16 -Year Old Babe Ruth State Tournament Week" in Nederland. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the Proclamation declaring July 14 -20, 1989 as "16 -Year Old Babe Ruth State Tournament Week" in Nederland. All Voted Aye. D. E. Sosa, City Manager, briefed the Council relative to the 1989 -1990 budget and highlighted objectives to be met during the coming fiscal year. At this time Mayor Nagel recognized Mr. Mike LeDoux, 3704 Park, and Mr. Raul Cantu, 3619 Park, who wished to speak to the Council relative to the drainage problems in their neighborhood. Mayor Nagel informed them that no action could be taken at this meeting due to the fact that they did not request to be placed on the agenda. Mr. LeDoux stated that each time it rains over 1" the sewer at his home backs up and he us unable to use any of his facilities. He informed the Council that the City Manager is sincerely trying to help alleviate the problem. Mayor Nagel responded that every effort is being made to alleviate the problems in their neighborhood and plans have been made for future renovations to the drainage. The City has contacted the Texas Highway Department relative to their drainage ditch across Hwy. 69 which is in need of being cleaned out. Mayor Nagel informed the citizens in attendance that the City Manager will continue to study the problem and report back to the Council with a recommendation. D. E. Sosa, City Manager, read Resolution No. 1989 -7 accepting the City of Nederland General Budget for the fiscal year beginning October 1, 1989 and ending September 30, 1990, and calling for a Public Hearing to be held at 6:30 p.m. August 8, 1989. Mayor Nagel called for any questions and /or comments relative to the budget. Councilman Bourque commended the City Manager for a job well done. 2 Minutes Continued, July 11, 1989 A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve Resolution No. 1989 -7 accepting the City of Nederland budget for the 1989 -1990 fiscal year and setting a public hearing for 6:30 p.m., August 8, 1989. All Voted Aye. D. E. Sosa, City Manager, informed the Council that Estimate No. 4 and Final in the amount of $109,594.71 is for the completion of the first contract let out for dirt and fill for the landfill. The City Manager stated the fill dirt has been placed according to grade. Mr. Sosa also stated that Estimate No. 2 in the amount of $15,113.34 is for Contract No. 2 (closure of landfill) which is approximately 20% -30% complete. The engineer has approved both estimates and the City Manager is recommending payment to Excavators and Constructors. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to approve payment of Estimate No. 4 and Final in the amount of $109,594.71 for Contract No. 1 (dirt and fill) and Estimate No. 2 in the amount of $15,113.34 for Contract No. 2 (closure of landfill) to Excavators and Constructors. All Voted Aye. D. E. Sosa, City Manager, briefed the Council relative to Proposal No. 3, an alternate bid for closure only of the landfill. The City Manager's recommendation is to award Al (road construction), A3 (install monuments) and A4 (install gas vents) to Excavators and Constructors in the amount of $71,300.00. Mr. Sosa also recommends deleting A2 (seed and fertilize) from the proposal and re- advertise for bids on this item at a later date, contingent upon the City of Port Neches and the City of Groves approval. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to ' authorize a Change Order to the landfill contract to include alternate bid items 1A, 3A and 4A to Excavators and Constructors in the amount of $71,300.00. All Voted Aye. D. E. Sosa, City Manager, informed the Council that Item 417, approving a Resolution for the purpose of placing Nederland on the Texas Water Development Board Fiscal Year 1990 Intended Use Plan, is in conjunction with the infiltration problem. Mr. Sosa stated that part of the study being prepared by d.p. Consulting and Jones and Neuse includes borrowing funds from the State and approving the resolution is a way of keeping Nederland's name on the revolving fund. Mr. Sosa then read the caption of the resolution. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve Resolution 1989 -8 for the purpose of placing Nederland on the Texas Water Development Board Fiscal Year 1990 Intended Use Plan. All Voted Aye. D. E. Sosa, City Manager, explained to the Council that Item 418, payment to Butler and Casstevens in the amount of $137.31, is Nederland's proportionate share of the Gulf States Utilities' rate case and he is recommending payment. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to authorize payment to Butler and Casstevens in the amount of $137.31, , representing Nederland's proportionate share of the Gulf States Utilities' rate case. All Voted Aye. The City Manager recommended payment to W. E. Sanderson, City Attorney, in the Minutes Continued, July 11, 1989 amount of $1,539.50 for services rendered in the current Gulf States Utilities' rate case. He also recommends approving Resolution 1989 -6 declaring City- incurred expenses of the City Attorney as reasonable and reimbursable by the Company. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment to W. E. Sanderson, City Attorney, in the amount of $1,539.50 for professional services rendered in connection with the Gulf States Utilities' rate case, and approval of Resolution 1989 -6 declaring City- incurred expenses of the City Attorney relating to G.S.U.'s rate case as reasonable and reimbursable by the Company. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the staff has prepared a list of streets to be repaired in the 1989 Street Program. The program consists of two phases, hot mix and rehab. He stated that the staff is ready to advertise for bids to be received August 22, 1989. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to authorize advertisement for bids to be received August 22, 1989 for the 1989 Street Program. All Voted Aye. Mayor Nagel called for any questions and /or comments relative to the bills for the month of June, 1989. The City Manager briefly reviewed the list of bills to be paid. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to ' authorize payment of the bills for the month of June as presented by the Treasurer. All Voted Aye. Mayor Nagel called for a recess in the regular meeting at 4:02 p.m. to conduct an Executive Session. The meeting was called back to order at 4:30 p.m. by Mayor Homer E. Nagel. Mayor Nagel announced that during the Executive Session the City Manager discussed a personnel matter and the City Attorney discussed a legal matter. This session was for informational purposes only and no action was taken at this time. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. Discussion Items: Councilman Doornbos recommended forming an advisory committee to study any modifications and /or additions which could be made to Doornbos Park at little or no expense to the City with funds that have been made available by civic organizations and /or grants. Mayor Nagel responded that, if an advisory committee were to be formed, each Councilmember should appoint a representative from his ward to serve on this committee. 249 2 5 Q Minutes Continued, July 112 1989 Councilman Bourque suggested Councilman Doornbos and Mr. Sosa meet to discuss a formal plan to form such a committee and report back to the Council with a recommendation. Mayor Nagel suggested that each Councilmember consider a candidate to serve on such a committee and stated that a discussion would be held relative to this committee at the next Council meeting. Councilman LeBlanc stated that only people who are willing to work should be appointed to the committee. There being no further business, the meeting adjourned at 4:40 p.m. Hmer E. Nagel, ay City of Nederland, Texas ATTEST: I X ' P a 4:� Chris Serre , City Secretary City of Nederland, Texas I 1 1 (Office of file flJlapr I - 0 I, la mn, a f � ]a An J, H Homelt E. Nagee , , b y v virtue o f the aule{tt y oril ve3lect in me as 9 94/ayor of l�te C City o of iJeci J erCand� exad, Proclaim July 14 -20, 1989 0 "16- yeah -Otd Babe Ruth State Tournament week" in the C.ily of rlec[erla.ncl, 5exa9, atilt urge eac`t atilt every Citizen of our CIV to euppont and neeognize the eontni.buti,on,6 that the Babe Ruth League makes to the devetopment and ehanaaten ob the young peopte that pa)Lti i.pate in this organization. -91/1� ledtitito/tlt y whee/reol� tvitnedd my Itaitd aid Seat 11/,, City o/ ilederla, / 11tie 14e 11th daV of Juty, 1989 , -t, -U. Illeel: /J C� City Sec/ relary 251 Oily of ilederland, Jexa9 252 RESOLUTION NO. 1989 -7 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, 1989 AND ENDING SEPTEMBER 30, 1990. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the Fiscal Year beginning October 1, 1989 and ending September 30, 1990, and; WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed or amended form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 6:30 p.m., August 8, 1989, to approve this budget in the proposed or amended form in accordance I with Article VII of the City Charter. PASSED AND APPROVED BY THE City Council at its regular meeting this the 11th day of July, A.D., 1989. ATTEST: Chris Serres, City Secretary City of Nederland, Texas i Homer E. Nagel, Mayor City of Nederland, Texas :1 253 RESOLUTION NO. 1989 -8 RESOLUTION REQUESTING TO BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1990 INTENDED USE PLAN THE STATE OF TEXAS COUNTY OF CITY OF WHEREAS, the City of Nederland , Texas, (City) has reviewed its wastewater needs and found that it is necessary to construct wastewater facilities to meet those needs; WHEREAS, the City deems it necessary to express its interest and commitment to seek funds from the Texas Water Development Board's (Board) State Water Pollution Control Revolving Fund (SRF) in order to finance its wastewater needs; WHEREAS, in order to secure future financing from the SRF, the City must make certain commitments to the Board to be placed on the Board's Intended Use Plan; and WHEREAS, the City has determined that it has the financial capability to finance projects through the SRF to meet its wastewater needs. BE IT RESOLVED BY THE Citv Council OF THE CITY OF Nederland , TEXAS: 1. That the City will take necessary actions to fund the project(s) designated as through a loan from the SRF from the Texas Water Development Board. 2. That the City is hereby informing the Board of its desire to receive financial assistance in the amount of $ i , gf;A ,nnn nn from the Board' s SRF. 3. That the City will file an application for a loan from the SRF on or before March 15 of the funding year, and will proceed as expeditiously as possible to secure a loan commitment from the Board. 4. That the City will strictly adhere to the project schedule negotiated with the Board and will meet all federal and state requirements. 5. That a certified copy of this Resolution shall be submitted to the Board to insure that the City will be included in the Fiscal Year 1990 Intended Use Plan. 1 254 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF Jefferson CITY OF Nederland We,.the undersigned officer of said City, hereby certify as follows: 1. The City Council of said City convened in regular MEETING ON THE TH DAY OF , 1989, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Homer E. Nagel, Mayor Mike Bourque Billy W. Doornbos R.D. Sawyer Carl N. "Cropo" LeBlanc and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION REQUESTING TO BE INCLUDED ON ' THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1990 INTENDED USE PLAN was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and after due discussion, said motion carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: NOES: 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for 255 adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 11 th day of July , 19 89. Mayor ATTEST: Homer E. Nagel City Secretary Chris Serres 1 (City Seal) 1 256 CITY OF NEDERLAND RESOLUTION NO. 1989 -6 A RESOLUTION APPROVING BILLS OF W. E. SANDERSON CITY ATTORNEY, IN GULF STATES UTILITIES' RATE CASE, PUBLIC UTILITY COMMISSION DOCKET NO. 8702. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That a statement as to the bills of W. E. Sanderson, City Attorney, is marked Exhibit "A" and attached hereto and is hereby ap- proved and found to be reasonable and for necessary services to the City of Nederland with repsect to the Gulf States Utilities' rate application in- cluding Public Utility Commission Docket No. 8702. SECTION 2: That claim for reimbursement shall be presented to Gulf States Utilities Company in the amount thereof, under authority of the Public Utility Regulatory Act of Texas, Article 1446c V.A.T.S. PASSED, APPROVED AND ADOPTED at a regular meeting of the City ' Council of the City of Nederland, held on the 11th day of July, 1989. ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY i W. E. Sanderson, City Attorney Citv of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 11 W. EVERETT SANDERSON ATTORNEY AT LAW 520 S. Twin City Hwy. Nederland, Texas 77627 (409) 722 -4392 S T A T E M E N T July 10, 1989 Mr. J. B. McKinney City of Nederland P. 0. Box 967 Nederland, Texas 77627 RE: GSU DOCKET FOR PROFESSIONAL SERVICES RENDERED AND EXPENSES Z/30/89 - 7/7/89 Consultation with Jack Pous and Don Butler in Austin Reply to General Counsels First Request For Information Expenses, Hotel, meals and. travel Copies THANK YOU!!!! EXHIBIT "A" 257 7 7.,539.50 258 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:10 P.M. July 17, 1989 The meeting was called to order by Mayor Homer E. Nagel at 5:10 p.m. on July 17, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Michael R. Bourque, and Councilman Billy W. Doornbos. Councilman Carl N. "Cropo" LeBlanc was absent. Mayor Nagel announced that the purpose of this special meeting was to call for a Public Hearing to be held July 24, 1989 at 6:30 p.m. relative to Gulf States Utilities' rate increase request. He then added that the recommendations made by the rate consultants regarding the rate increase request will be of particular concern. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize a Public Hearing to be held July 24, 1989 at 6:30 p.m. for the purpose of reviewing Diversified Utility Consultants' report on the Gulf States Utilities rate increase request. All Voted Aye. D. E. Sosa, City Manager, then informed the Council that Item No. 2 was placed on the agenda due to the sewer problems and flooding of homes experienced after recent heavy rains. He stated that at least two homeowners in the 3700 block of Park Drive are experiencing these problems with every 1' rain, adding that, upon further investigation, it was discovered that other homeowners are experiencing these problems, but at a lesser degree. Mr. Sosa then reminded ' the Council that this section of Nederland has been prone to flooding for some years now and stated that, in an effort to alleviate the sewer problems experienced in this neighborhood, he is recommending the replacement of 1000' of sewer line adjacent to the 3700 block of Park Drive. After a substantial discussion, a motion was made by Councilman Doornbos and seconded by Councilman Bourque to authorize the replacement of approximately 1000' feet of sewer line adjacent to the 3700 block of Park Drive. All Voted Aye. There being no personnel or legal matters, a motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. There being no discussions or communications in relation to City government, the meeting was adjourned by Mayor Homer E. Nagel at 5:22 p.m. on July 17, 1989. 5 9 Homer E. Nagel Mayor ATTEST: City of Nederland, Texas Chris Serre , City Secretary City of Nederland, Texas 259 PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 6:30 P.M. July 24, 1989 The Public Hearing was called to order by Mayor Homer E. Nagel at 6:30 p.m., July 24, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Council- man Michael R. Bourque, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Others in attendance were Mr. Jack Pous, Rate Consultant with Diversified Utility Consultants, Mr. Ron McKenzie, Gulf States Utilities, and Mr. Mike Judice, Gulf States Utilities. Mayor Nagel introduced Mr. Jack Pous, Rate Consultant with Diversified Utility Consultants, Inc., who gave an overview of the examination made by his firm relative to the rate increase request filed by Gulf States Utilities. Mr. Pous informed the Council that, upon examining the entire rate filing package, D.U.C.I. is recommending that rates charged by Gulf States Utilities Company be reduced by $14,399,707. He went on to explain that this recommendation is based primarily on G.S.U.'s inclusion, and D.U.C.I.'s exclusion, of the River Bend cost, approximately $1.4 billion; and on a franchise tax refund received by G.S.U. that was never returned to the rate payers. Mr. Pous then went on to list numerous other findings that contributed to D.U.C.I.'s recommendation to reduce rates charged by G.S.U. Among these are the issue of excess capacity, ' the sale of Nelson Units 1 and 2, and the kilowatt hour formula proposed by G.S.U. These findings are set forth in D.U.C.I.'s written presentation. After a substantial discussion was held relative to Mr. Pous' testimony of the examination made by his firm, Mayor Nagel called on Mr. Ron McKenzie of Gulf States Utilities Company to give an overview of the rate increase request filed by G.S.U. Mr. Ron McKenzie, Gulf States Utilities, commented that the action proposed by D.U.C.I., a decrease in rates, is unwarranted. He maintained that G.S.U. did not include the refund of the franchise tax when considering the increase request because G.S.U. did not have any facts concerning the refund until recently. He then stated that, although it has not been determined when, the refund will be passed on to the ratepayers. Mr. McKenzie then stated that the argument of excess capacity has been brought before the Public Utility Commission in past rate cases and in each circumstance this argument has not prevailed. He concluded that the exclusion of these two items results in a much needed rate increase and that he was simply asking the Council to approach their decision in the Gulf States Utilities rate increase request in a fair manner. After a thorough discussion relative to D.U.C.I.'s recommendation to approve an ordinance reducing rates charged by Gulf State Utilities Company, a motion was made by Mayor Nagel and seconded by Councilman Sawyer to accept D.U.C.I.'s recommendation to roll back rates charged by Gulf States Utilities and to approve Ordinance No. 398 rolling back said rates by $14,399,707. All Voted Aye. 260 There being no further business, the Public Hearing was adjourned by Mayor Homer E. Nagel at 7:45 p.m. on July 24, 1989. omer E. Nagel, Mayor City of Nederland, Texas ATTEST: 91o. byLI64- Chris Series, City Secretary City of Nederland, Texas 1 261 ORDINANCE NO. '0 �, AN ORDINANCE DECREASING RATES TO BE CHARGED BY GULF STATES UTILITIES COMPANY IN THE CITY OF NEDERLAND, TEXAS, FINDING EXISTING RATES TO BE UNREASONABLE AND EXCESSIVE, FINDING THE RATES APPROVED HEREIN WILL PROVIDE REVENUES AS REQUIRED BY LAW, PROVIDING AN EFFECTIVE DATE ,PROVIDING FOR SCHEDULES, CONDITIONS, AND REPEAL OF CONFLICTING ORDINANCES. WHEREAS, on March 21, 1989, Gulf States Utilities Company ( "GSU" or "Company ") filed with the City of Nederland a request for an increase in electric utility rates to be charged within the City in the amount of $88,004,846 per annum on a Texas retail basis, representing the first year of a eight and one -half year phase -in plan, or the equivalent of an approximately $252.5 million annual increase on a traditional, one time basis, and; ' WHEREAS, the City, having suspended the effective date of such proposed increase from April 25, 1989, and having considered the same after reasonable notice and public hearing, is of the opinion and finds that the rates of GSU should be adjusted; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: PART 1: That the base rates, tariffs, and charges, exclusive of fuel costs, of GSU for electric power and energy sold within the City be revised to decrease annual revenues by $14,399,707 on a Texas retail basis, amounting to a base rate decrease of approximately 3.5 %. Such 262 Schedules of Rates, as are approved in accordance herewith, are those under which said Company shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended, or withdrawn, with the approval of the City Council. PART 2: It is hereby found and determined that the existing rates charged by the Company within the City are excessive and unreasonable and that the rates established hereby are just and reasonable. PART 3. The rates approved hereby fix the overall ' revenues of the Company at a level which will permit GSU a reasonable opportunity to earn a reasonable return on its invested capital used and useful in rendering service to the public over and above the Company's reasonable and necessary operating expenses. PART 4. The rates approved hereby shall be effective and in force as of the date hereof and shall be charged and observed thereafter until revised according to law. Billings for periods of consumption which include consumption both under the Company's existing rate and the rate established hereby shall be prorated, based on the days within each such period, as though daily consumption was 263 1 equal on each day throughout both such periods. PART 5. That GSU shall file with the City within ten (10) days hereof a revised Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges based upon such increase in total operating revenues as prescribed herein. The rate design implemented by such schedules and tariffs shall be in accord with the rate design filed by GSU. Such Schedule of Rates and Tariffs may be modified or amended by the City Council within ten (10) days from the date of filing with the City, otherwise the same shall be ' considered approved as filed. Should GSU fail to file such revised schedule of rates and tariffs within such ten (10) day period all existing base rates shall be reduced across the board by 3.590. Each customer bill shall reflect and each customer shall be charged a base rate charge equal to 96.5% of each customer's base rate bill under the existing rate, all as provided herein. PART 6. That the action of the City Council of the City of Nederland enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for GSU within the City of Nederland in accordance with Section 43 (e) of the Public Utility Regulatory Act. PART 7. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any 264 manner, the right and power of the City under the law to regulate the rates and charges of GSU. PART 8. That all Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED FINALLY ON THIS THE day of 1989. ATTEST: _ CITY SECRETARY 'MAYOR 1 1 1 265 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 25, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on July 25, 1989. Members present were Mayor Homer E. Nagel, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Councilman Robert D. Sawyer was absent. Mayor Nagel called for any additions and /or corrections to the written minutes of the July 11, 1989 regular meeting and the July 17, 1989 special meeting. Councilman Doornbos mentioned that on page two of the July 11, 1989 minutes the motion to authorize a change order to the landfill contract should have included "contingent upon the City of Port Neches' and the City of Groves' approval ". Mayor Nagel pointed out that the phrase was in the discussion paragraph above the motion. A motion was then made by Councilman Doornbos and seconded by Councilman LeBlanc to approve the minutes of the July 11, 1989 regular meeting and the July 17, 1989 special meeting as written. All Voted Aye. Mayor Nagel called for comments from Laura Moore regarding ice cream vendors. ' A motion was made by Mayor Nagel and seconded by Councilman Bourque to table Item #3 relative to comments from Laura Moore regarding ice cream vendors in the City of Nederland due to her absence. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the City of Beaumont City Council, in their regular council meeting today, approved the agreement between their City and the City of Nederland allowing Nederland to dispose of solid waste at the Beaumont Municipal Landfill. However, the agreement would allow for only one year disposal rather than the five years originally negotiated. Mayor Nagel suggested that the Council tentatively approve the agreement contingent upon the terms relative to the length of the agreement being amended. Mr. Sosa then read the agreement in its entirety. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to authorize approval of the agreement between the City of Beaumont and the City of Nederland relative to disposal of solid waste at the Beaumont Municipal Landfill contingent upon the contract change being made to reflect 1 year instead of the 5 years originally negotiated. All Voted Aye. D. E. Sosa, City Manager, stated that Item #5, requesting permission to authorize the advertisement for bids for the seeding and fertilizing of the landfill, is a holdover item from the last Council Meeting. He then reminded the Council that bids previously received for seeding and fertilizing the landfill were extremely high and that the staff feels readvertisement for new 266 bids is in order. Mr. Sosa then added that the date and time for receiving bids had purposely not been set awaiting approval of same by the Cities of Port Neches and Groves. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize advertisement for bids to be received for the seeding and fertilizing of approximately 70 acres that comprise the Mid County Municipal League Landfill contingent upon the City of Groves' and the City of Port Neches' approval. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Councilman Doornbos and seconded by Mayor Nagel to table the Executive Session. All Voted Aye. Discussion Items: Several citizens from Midway Addition were present to discuss drainage problems in their area. They stated that, although the City is cleaning ditches in their area, they feel this is not the solution to the drainage problem. They went on to explain that they feel there is an obstruction which is not allowing the water to move out of D.D. 117 ditches as quickly as it should. Mayor Nagel informed the citizens that, since their request was not an agenda item, no action could be taken by the Council. However, the Council could listen to their complaints and make suggestions to be placed on the next agenda, if necessary. He then went on to explain that the City began working with D.D. 117 several years ago relative to the drainage problem in Midway Addition and that it was recently brought to the City Manager's attention that plans for widening the opening under Avenue H had been inadvertently laid aside by D.D. V. Mr. Hogan, Director of Drainage District 117, had contacted Mr. Sosa and informed him that plans for this project had been set aside during a recent managerial change over at that entity, however, during this budget year, D.D. 117 will be ready to consider this project. Mr. Sosa then added that he is working with Drainage District 117 and the State Highway Department in an effort to alleviate this drainage problem. 2. Councilman Bourque reported the street needs to be patched on Avenue D @ South 23 Street. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 7:30 p.m. :Sf�I Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 6bk�- Chris Serres City Secretary City of Nederland, Texas 2 ci STATE OF TEXAS COUNTY OF JEFFERSON § AGREEMENT This agreement is made and entered into by and between the City of Beaumont, a municipal corporation of the State of Texas acting herein through its duly authorized City Manager (herein "City "), and the Mid -County Municipal League, an association made up of the Cities of Port Neches and Nederland acting herein through their duly authorized city managers (herein "League "), as of the date of execution below. WHEREAS, League has requested City to accept municipal solid waste generated in the two cities which comprise League and collected by marked vehicles belonging to members of League; and WHEREAS, City desires to accept the solid waste so generated at its Municipal Landfill at the end of Lafin Road (herein "Landfill ") for a term of one (1) year. NOW, THEREFORE, in consideration of the premises and the covenants and conditions herein contained, it is hereby agreed by and between City and League as follows: I. City agrees to accept municipal vehicles of the cities which comprise League at its Landfill for a period of one (1) year commencing September 1, 1989. II. City agrees to accept municipal solid waste at its Landfill from residents of the cities which comprise League upon presentation of proof of such residency at the Landfill gate. Tonnage of solid waste collected from such residents may be used in calculation of annual volume. 1 III. The rate per ton shall be Eleven Dollars ($11.00) with a minimum payable to City of Two Hundred Forty-Six Thousand Four Hundred Dollars ($246,400.00) based on a projected annual minimum volume of 22,400 tons. The fee provided for herein shall be paid to City in twelve (12) equal installments of Twenty Thousand Five Hundred Thirty-Three Dollars and Thirty-Three Cents ($20,533.33) each, with the first payment due on or before September 15, 1989. In October of 1990 City shall calculate actual tonnage deposited at the Landfill and bill the League for every ton so deposited in excess of 22,400 at a base rate of Eleven Dollars ($11.00) per ton. Any additional payment due City may be paid over a three (3) month period. EXECUTED this the 1 day of G l RA U4 , 1989. CITY OF BEAUMONT Ray A iley, City Mana er ' MID- COUNTY MUNICIPAL LEAGUE CITY OF NEDERLAND CITY OF PORT NECHES _ 1 -2- 269 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 8, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on August 8, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the Public Hearing of July 24, 1989 and the Regular Meeting of July 25, 1989. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to approve the minutes of the Public Hearing of July 24, 1989 and the Regular Meeting of July 25, 1989 as written. All Voted Aye. Mayor Nagel called a Public Hearing to order at 6:32 p.m. for the purpose of receiving questions and /or comments relative to the proposed City of Nederland Budget for the fiscal year beginning October 1, 1989 and ending September 30, 1990. Mayor Nagel then called on D. E. Sosa, City Manager, to present an overview of the proposed budget. D. E. Sosa, City Manager, presented an overview of the budget highlights ' stating that the major expenditure in this year's budget is the general fund debt requirement which stands at $1,364,400. Mr. Sosa stated that this budget also reflects the elimination of the $6.00 per customer surcharge for closure of the landfill. Among the other provisions in the proposed budget is a 3% across the board employee pay raise and 1% increase in benefits; one new expenditure of $30,000 for computerization of the City's billing for the Water and Tax Departments; and replacement of equipment that is necessary for the efficient operation and delivery of City services (one police car, Fire Department utility truck, one street roller, one bucket truck and one garbage truck) for which $185,000 has been budgeted. Mr. Sosa added that major expenditures are the upgrading and maintenance of the Water Plant and continuation of the street rehabilitation and overlay programs - $184,000. Mr. Sosa stated there is no rate increase of taxes or water services proposed. Mayor Nagel called for any questions and /or comments relative to the proposed budget. There being no questions and /or comments Mayor Nagel commended the City Manager and his staff on the preparation of the balanced budget. D. E. Sosa, City Manager, credited the employees in being receptive in dealing with the problems faced by the City. Councilman LeBlanc stated he agreed with the Mayor and City Manager relative to city employees. There being no further questions and /or comments, Mayor Nagel adjourned the Public Hearing at 6:50 p.m. 270 D. E. Sosa, City Manager, read Ordinance No. 397, an ordinance for levying taxes for the use and support of the municipal government of the City of Nederland. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to adopt the 1989 -90 budget as presented; to approve Ordinance No. 397 levying taxes for the use and support of the municipal government of the City of Nederland and providing for the interest and sinking funds for the 1989 -90 fiscal year, and to adopt a tax rate of $.62 per $100 valuation for the fiscal year beginning October 1, 1989 and ending September 30, 1990. All Voted Aye. D. E. Sosa, City Manager, informed the Council that a representative from the V.F.W. Post 6384 asked that their presentation to the City be postponed until the next afternoon meeting. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to table the presentation by the V.F.W. Post 6384 until the September 12 ,1989 meeting. All Voted Aye. D. E. Sosa, City Manager, reported that Item #6, relative to complaints received from Helen Haney regarding parking on South 17 Street, has been resolved by the staff. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table receiving comments from Helen Haney regarding parking on South 17 Street. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the 1989 appraisal roll has been certified by the Jefferson County Appraisal District and that as a housekeeping item, the roll must be approved by the governing body. He then added that the 1989 taxable value for the City of Nederland is $317,445,230. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve the 1989 appraisal roll in the amount of $317,445,230 as certified by the Jefferson County Appraisal District. All Voted Aye. The City Manager reminded the Council that the appointment of an auditor is a housekeeping item performed at this time each year and that the staff is recommending the appointment of Mr. Everett Browning as City Auditor for the 1988 -89 fiscal year. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to appoint Mr. Everett Browning as City Auditor for the 1988 -89 fiscal year. All Voted Aye. D. E. Sosa, City Manager, recommended payment of Estimate No. 3 for Contract No. 2 (closure of landfill) to Excavators and Constructors, in the amount of $82,336.95. He then stated that the work has been verified by George Newsome and the closure is approximately 75% complete. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to authorize payment of Estimate No. 3 for Contract No. 2 (closure of landfill) to Excavators and Constructors in the amount of $82,336.95. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that Item #10, partial payment 271 to Morrison and Miller for relocation of an 8" sewer line on South 37 Street, was for bids received for the emergency situation in that area. At this time Mr. Sosa asked John Bernard, Water /Wastewater Superintendent, to explain the contract. Mr. Bernard stated that the 8" sewer line was relocated for two reasons - the infiltration in that area of South 37 Street is extremely great and the line was on private property, which left the City no access to the line. He stated that it is in the best interest of the City to relocate the line. Mr. Bernard explained that the increase in the contract price was due to moving an additional 450 feet of the line off of private property. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to authorize partial payment to Morrison and Miller in the amount of $23,254.20 for the relocation of an 8" sewer line on South 37 Street. All Voted Aye. The City Manager stated that the request for the Nederland Police Department to escort Nederland High School buses to out -of -town football games is an annual item on the agenda. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to authorize the Nederland Police Department to escort Nederland High School buses to out -of -town football games. All Voted Aye. Mayor Nagel called for any questions and /or comments relative to payment of the monthly bills as presented by the Treasurer. ' A motion was made by Councilman Bourque and seconded by Councilman Sawyer to authorize payment of the bills for the month of July as presented by the Treasurer. All Voted Aye. There being no legal or personnel matters to discuss, a motion was made by Mayor Nagel and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. Discussion Items: 1. Councilman Bourque ask if the City uses prisoners for community service and suggested we use them to clean the sidewalks on Nederland Avenue. The City Manager responded that the City does use prisoners but in a more supervised structure. 2. Councilman LeBlanc presented a plaque to the Mayor and City Council on behalf of the Nederland Babe Ruth League as appreciation for the assistance provided by the City. 3. Councilman LeBlanc reported he received a call from Hillman Ingles, 2900 block of Avenue G regarding the ditches. He stated the ditches along Avenue G from 29th Street to 32nd Street (going south) need to be cleaned out. 4. Councilman LeBlanc reported the flower beds at the Windmill Museum need to be weeded. Mr. Sosa explained that Betty Dixon and the Historical Society are responsible for cleaning the flower beds. 272 5. Mayor Nagel reported that all four stop signs at the corner of Avenue H and South 36th Street need to be cleaned. 6. Mr. Sosa questioned the Councilmembers relative to billboards in the City of Nederland. Mr. Sosa explained that in addition to the billboard being erected at Angelle's Used Cars, the City received another application to erect one on South 27th Street. After a brief discussion the Council instructed the City Manager and his staff, along with the Planning and Zoning Commission, to review other cities' ordinances regulating billboards and to make a recommendation at the next meeting. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 7:30 p.m. ATTEST: 4 Q Chris Serre , City Secretary City of Nederland, Texas - � - - Z� �,-: � C Homer E. Nagel, Mayo City of Nederland, Texas U 11 273 ORDINANCE NO. 397 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 1989, 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 TAX DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I 36. That there is hereby levied and there shall be collected for the use and support of the Municipal Government of the City of Nederland, Texas, and for the provision of interest and sinking funds for the year Nineteen Hundred and Eighty -Nine (1989) upon all property (real, personal, and mixed) within the corporate limits of the said City subject to taxation. A tax of sixty -two cents ($.62) per each one hundred dollars ($100.00) valuation of property shall be levied and apportioned to specific purposes herein set forth: (a) For the maintenance and support of General Government (General Fund) 52.632 of each one dollar ($1.00) levied on the 1989 Tax Roll. (b) 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, 1.77% of each one dollar ($1.00) levied on the 1989 Tar. Roll. (c) 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, .432 of each one dollar ($1.00) levied on the 1989 Tax Roll. (d) For the purpose of paying interest and principal on the five hundred thousand dollar ($500,000.00) Street Improvement Bonds, Series 1962, .912 of each one dollar ($1.00) levied on the 1989 Tax Roll. (e) For the purpose of paying interest and principal on the three hundred thousand dollar ($300,000.00) Street Improvement Bonds, Series 1963, 1.10% of each one dollar ($1.00) levied on the 1989 Tax Roll. (f) For the purpose of paying interest and principal on the one million eighty thousand dollar ($1,080,000.00) Street Improvement Bonds, Series 1967, 2.362 of each one dollar ($1.00) levied on the 1989 Tax Roll. 37. (g) 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 1989 Tax Roll. (h) For the purpose of paying interest and principal on the two million seven hundred fifty thousand dollar ($2,750,000.00) Street Improvement Bonds, Series 1978, 8.51% of each one dollar ($1.00) levied on the 1989 Tax Roll. (i) For the purpose of paying interest and principal on the one million twenty thousand dollar ($1,020,000.00) Street Improve- ment Bonds, Series 1980, 7.01% of each one dollar ($1.00) levied on the 1989 Tax F:)11. (j) For the purpose of paying interest and principal on the seven million forty seven thousand dollar ($7,047,000.00) Street and Sewer Bonds, Series 1986, 24.20% of each one dollar ($1.00) levied on the 1989 Tax Roll. SECTION II That taxpayers shall be allowed no discount for the advance payment of their ad valorem taxes due the City of Nederland for the assessment year 1989. SECTION III I That the ad valorem taxes herein levied for the Tear 1989 shall become due January 1, 1990, though payable on the first day of October, 1989, and may be paid up to and including the following January 31, 1990, without penalty; but if not paid such taxes shall become delinquent on the following day, February 1, 1990, and the following penalties shall be payable thereon to -wit: (a) If paid during the month of February, six percent (6 %); (b) If paid during the month of March, seven percent (7%); (c) If paid during the month of April, eight percent (8i); (d) If paid during the month of May, nine percent (9 %); (e) If paid during the month of June, ten percent (10 %); (f) If paid on or after the first day of July, 1990, twelve percent (127). Such unpaid taxes shall bear an interest rate of twelve percent (12 %) per annum from February 1, 1990, the same being the next year succeeding the year 1989, and if paid on or after the first day of July, 1990, twelve percent (12 %) interest for which taxes are hereby levied or assessed. Tax cost shall be one dollar. 38. SECTION IV That unpaid taxes shall be considered delinquent as of February 1, 1990, and shall be paid and collected as provided in Section II and Section III hereof. PASSED AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL OF THE City of Nederland at its regular meeting of said Council this 8 day of August, 1989. 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 1 HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas 2'75 276 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 22, 1989 The meeting was called to order by Mayor Pro Tem Robert D. Sawyer at 6:30 p.m. on August 22, 1989. Members present were Mayor ProTem Robert D. Sawyer, Councilman Michael R. Bourque, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Mayor Homer E. Nagel was absent. Mayor ProTem Sawyer called for any corrections and /or additions to the written minutes of the August 8, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the minutes of the August 8, 1989 meeting as written. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the post office asked the Council to proclaim August 27- September 2, 1989 as "National Association of Letter Carriers' Week" in conjunction with the Jerry Lewis Labor Day Telethon. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the Proclamation declaring August 27- September 2, 1989 as "National Association of Letter Carriers' Week" in Nederland. All Voted Aye. Stirling Copp, Public Works Director, opened and read the bids for the 1989 ' Hot Mix Street Program. The bidders were as follows: Mid - County Dirt Pit, Inc. - $192,812.16; Bo -Mac Contractors - $170,676.00; and APAC- Texas, Inc. - $162,478.38. Mayor ProTem Sawyer asked that the bids received be referred to the staff for tabulation with recommendation to be made at the end of the Council meeting. D. E. Sosa, City Manager, informed the Council that requests have been made by two department heads to begin advertising for bids to be received for two new 1 -ton pickup trucks included in the 1989 -90 budget. He went on to explain that these requests are being made so that specifications for these items can be completed prior to the initiation of the 1989 -90 budget. A motion was made by Councilman LeBlanc and seconded by Mayor ProTem Sawyer to authorize advertisement for bids to be received September 12, 1989 at 3:00 p.m. for two new 1 -ton pickup trucks; one for the Fire Department and one for the Water Department. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that a paint striper, flat wheel roller, bucket truck and garbage truck have been budgeted for the Public Works Department. Mr. Sosa stated that no date has been set for advertising to allow the Public Works Director flexibility to advertise when all specifications are complete. Mr. Sosa informed the Council that when a date has been set he will report it to the Council. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize advertisement for bids to be received for one paint striper, one 277 flat wheel roller, one bucket truck and-one garbage truck for the Public Works Department contingent upon completion of specifications. All Voted Aye. D. E. Sosa, City Manager, reported that Item #7, accepting proposals for the repair of a sewer line at Avenue B and South 3 Street, was brought to the City's attention by a citizen regarding a cave -in of the street and driveway. After investigating this matter it was discovered that this area is known for containing quick sand. Mr. Sosa explained that Naylor Industries video tape the sewer line and a break was found in the line. Due to the fact the extent of the damage is unknown he has asked John Bernard, Water /Wastewater Superintendent, to obtain proposals to repair the line before it becomes an emergency. Since this is not a budgeted expense reserved funds will be used for the repair of approximately 80' of pipe. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to authorize accepting proposals for the repair of a sewer line at Avenue B and South 3 Street. All Voted Aye. D. E. Sosa, City Manager, is recommending payment to d.p. Consulting Engineers for charges in connection with the application for State Revolving Funds. A motion was made by Mayor ProTem Sawyer and seconded by Councilman Bourque to approve payment to d.p. Consulting Engineers in the amount of $167.66 for engineering services rendered in connection with the State Revolving Fund. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to accept the Planning and Zoning Commission's recommendation to replat a .641 acre tract of land in the 500 block of Avenue D. This replat will contain three 66' x 135' lots to be known as Wilson Addition. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor ProTem Sawyer to accept the Planning and Zoning Commission's recommendation to change the zoning of a .641 acre tract of land located in the 500 block of Avenue D from commercial zoning to residential zoning, and to set a Public Hearing for September 26, 1989 at 6:30 p.m. as required by Zoning Ordinance No. 146. All Voted Aye. Mayor ProTem Sawyer presented the recommendation made by the staff to award the bid for the 1989 Street Program to the low bidder, APAC -Texas in the amount of $162,478.38. A motion was made by Councilman LeBlanc and seconded by Mayor ProTem Sawyer to award the bid for the 1989 Street Program to APAC -Texas in the amount of $162,418.38. All Voted Aye. Discussion items: 1. Councilman LeBlanc reported receiving complaints regarding the dip in the D. E. Sosa, City Manager, Commission is recommending informed the Council replatting a .641 that the Planning and Zoning acre tract of land in the 500 block of Avenue D to contain three lots, 66' x 135', to be known as Wilson Addition. In addition, the Planning and Zoning Commission has also recommended the rezoning of these three lots from commercial to residential. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to accept the Planning and Zoning Commission's recommendation to replat a .641 acre tract of land in the 500 block of Avenue D. This replat will contain three 66' x 135' lots to be known as Wilson Addition. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor ProTem Sawyer to accept the Planning and Zoning Commission's recommendation to change the zoning of a .641 acre tract of land located in the 500 block of Avenue D from commercial zoning to residential zoning, and to set a Public Hearing for September 26, 1989 at 6:30 p.m. as required by Zoning Ordinance No. 146. All Voted Aye. Mayor ProTem Sawyer presented the recommendation made by the staff to award the bid for the 1989 Street Program to the low bidder, APAC -Texas in the amount of $162,478.38. A motion was made by Councilman LeBlanc and seconded by Mayor ProTem Sawyer to award the bid for the 1989 Street Program to APAC -Texas in the amount of $162,418.38. All Voted Aye. Discussion items: 1. Councilman LeBlanc reported receiving complaints regarding the dip in the 7R street at the corner of Nederland Avenue @ Twin City Hwy. Mr. Sosa informed him that it is on the list to be repaired by the Highway Department. 2. Councilman LeBlanc reported that the culverts located at the corner of Kent Avenue @ 12 Street seem to be causing drainage problems. 3. Councilman LeBlanc inquired about the oyster shell being used on street repairs. Mr. Copp reported they are trying a different method this year due to reports of longer lasting repairs using the oyster shell. 4. Councilman Bourque asked to be brought up to date on the drainage situation in Midway Addition. The City Manager responded that Mr. Hogan, Drainage District 7, assured him that the problem does not lie with the City of Nederland. He also reported that there were several obstructions under the trestle which were prohibiting water flow. Mr. Sosa then added that plans are still underway to enlarge the opening under Avenue H. 5. Councilman Doornbos asked to be brought up to date relative to the Gulf States Utilities rate case. The City Manager responded that the rate case hearings will begin September 5, 1989. There being no further business, the meeting was adjourned by Mayor ProTem Sawyer at 7:10 p.m, on August 22, 1989. ATTEST: Chris Serre , City Secretary City of Nederland, Texas Lztt� OP jam orbert D. Sawyer, ayor ProTem City of Nederland, Texas 1 CITY OF NEDERLAND A PROCLAMATION WHEREAS, the National Association of Letter Carriers, Branch 111179 has shown an ever - increasing concern for the welfare of this nation's victims of neuromuscular disease; and WHEREAS, the Jerry Lewis Labor Day Telethon provides major support for the Muscular Dystrophy Association, which sponsors a worldwide program of scientific research on neuromuscular diseases and maintains a network of 230 hospital - affiliated clinics to serve patients throughout the country diagnosed with one of the 40 neuromuscular diseases; and WHEREAS, the City of Nederland is proud to support the National Association of Letter Carriers- -this organization is the oldest sponsor of MDA and has been raising funds for over 37 years. Each year the dollars they raise benefit the lives of so many others. NOW, THEREFORE, I, Homer Nagel, Mayor of the City of Nederland, do hereby proclaim the week of August 27- September 2, 1989 as "NATIONAL ASSOCIATION OF LETTER CARRIERS' WEEK" in Nederland, and urge all citizens to give full support, as they have done so generously in the past, to the National Association of ' Letter Carriers' fight against muscular dystrophy. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 22nd day of August, 1989, A.D. ATTEST: Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 270 280 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. September 12, 1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on September 12, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Michael R. Bourque, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the written minutes of the August 22, 1989 meeting. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve the minutes of the August 22, 1989 meeting as written. All Voted Aye. Mr. Kenith Waldrep and Mr. Shelton Meaux, Veterans of Foreign Wars Post 6384, presented the Mayor with a certificate of appreciation for meritorious and distinguished service in furthering the aims and ideals of the Veterans of Foreign Wars. Mr. Waldrep and Mr. Meaux also presented the City of Nederland with a plaque in appreciation for patriotic service. Mayor Nagel then presented the V.F.W. with a proclamation declaring September 10 -16, 1989 as "POW MIA Awareness Week" in Nederland. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to ' approve a Proclamation declaring September 10 -16, 1989 as "POW MIA Awareness Week" in the City of Nederland and to acccept the certificate of appreciation and plaque. All Voted Aye. D. E. Sosa, City Manager, informed the Council that Item #4, amending Ordinance No. 333, is an amendment to update the Standard Fire Prevention Code as set by the Southern Building of Congress. He stated this ordinance has not been updated since 1982. Fire Chief Lovelady stated that Ordinance No. 333 authorizes the City of Nederland to monitor unsafe, vacant and burned structures. He informed the Council that the ordinance provides owners of burned structures a maximum of sixty (60) days to clean or repair their property. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve an amendment to Ordinance No. 333 as presented by the Fire Chief. All Voted Aye. Fire Chief Mike Lovelady opened and read the bids for two 1 -ton pickup trucks; one for the Fire Department and one for the Water Department. The bidders for the Fire Department truck were as follows: Philpott Motors - $17,256.00; and JK Chevrolet - $15,066.60. The bidder for the Water Department truck was as follows: Philpott Motors - $20,411.00. A motion was made by Councilman Doornbos and seconded by Mayor Nagel to refer the bids to the City Manager and staff for tabulation with recommendation to be made at the next Council meeting. All Voted Aye. Minutes Continued, September 12, 1989 John Bernard, Water and Wastewater Superintendent, opened and read proposals received for the repair of an 18" sewer line at Avenue B @ South 3 Street. The proposals were as follows: Morrison & Miller, Inc. - $17,800.00; and Excavators & Constructors, Inc. - $17,542.00. Mayor Nagel asked that the proposals received be referred to the staff for tabulation with recommendation to be made at the end of the Council meeting. D. E. Sosa, City Manager, informed the Council that the 1989 Driveway Program has been delayed by approximately two months in comparison to prior years. Mr. Sosa stated that there are currently 47 requests on file and additional requests are expected when the advertisement appears in the newspaper. He is recommending approval of the 1989 Driveway Program. Mr. Sosa reported the cost of the asphalt will remain at .50C per square foot, the same as last year. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to approve the 1989 Driveway Program. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that Item 118, final payment to Morrison & Miller, is for the relocation of the sewer line on South 37 Street. Mr. Sosa stated that John Bernard has inspected the line and payment is recommended. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize final payment in the amount of $2,583.80 to Morrison and Miller, Inc. for the relocation of the sewer line. All Voted Aye. D. E. Sosa, City Manager, recommended payment to Excavators and Constructors in the amount of $1,315.40 for Contract No. 2 (closure of the landfill) for dirt. Mr. Sosa explained that this estimate is low due to the fact that last month was a slow period because of all the rain. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to authorize payment of Estimate No. 4 for Contract No. 2 (closure of landfill) in the amount of $1,315.40 to Excavators and Constructors, Inc. All Voted Aye. D. E. Sosa, City Manager, recommended payment to Butler and Casstevens in the amount of $30.00, which represents Nederland's share in the Gulf States Utilities rate case on appeal in District Court. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to authorize payment to Butler and Casstevens in the amount of $30.00, representing Nederland's proportionate share of the Gulf States Utilities rate case. All Voted Aye. D. E. Sosa, City Manager, reported that the Planning and Zoning Commission is recommending approval on the preliminary and final plat of Highland North Estates Unit V, Phase II, which.is outside Nederland's city limits but within the extraterritorial jurisdiction. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to accept the Planning and Zoning Commission's recommendation to approve the preliminary and final plat of Highland North Estates Unit V, Phase II. All Voted Aye. 2R1 2 8 2 Minutes Continued, September 12, 1989 Mayor Nagel called for any questions and /or comments relative to payment of the bills as presented by the Treasurer. D. E. Sosa, City Manager, gave a brief overview of the monthly bills. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize payment of the bills for the month of August as presented by the Treasurer. All Voted Aye. Discussion items: 1. Mr. Sosa informed the Councilmembers that Dick Nugent is unable to continue as a member of the Board of the Jefferson County Appraisal District. He reported that the only stipulation to be a board member is that you must be an elected official of a city or school district. Mr. Sosa also stated that the County is considering a gentleman from the Hamshire - Fannett School District to replace Mr. Nugent. 2. Mr. Sosa briefly addressed the new rules, regulations and fees enacted into law as a result of the last legislative session. Cities will be required to pay a landfill operator fee of $.50 per ton, as well as a fee for those who transport solid waste. He explained that this law did not go into effect until September, therefore, this was not a budgeted item. Mr. Sosa would like to recommend dropping the landfill closure surcharge from the customers' bill then raise the garbage fee by $1.00 to cover the new fees placed on cities by the State. This increase would make the garbage service $9.00 per month. 3. Councilman Doornbos reported tall grass around the pond at Doornbos Park. ' 4. Councilman Doornbos also reported high grass and debris on the property located at 3608 Terrace Drive. Mr. Sosa stated that he would turn this address in to the Fire Department. Mayor Nagel presented the recommendation of the staff to award the proposal for the repair of an 18" sewer at Avenue B @ South 3 Street to the low bidder, Excavators and Constructors, Inc. in the amount of $17,542.00. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to award the proposal for the repair of an 18" sewer line at Avenue B @ South 3 Street to the low bidder, Excavators and Constructors, Inc. in the amount of $17,542.00. All Voted Aye. There being no further business, the meeting was adjourned by Mayor Nagel at 4:23 p.m. on September 12, 1989. 'H mo er E. Nagel, Mayor ATTEST: City of Nederland, Texas f� �� d!r 0, S lam) Aka, Chris Serxoes, City Secretary City of Nederland, Texas 1 C d4 c. (Offiry of file 4HaUvr 2 s J, HomeA E. Nagel. , IV virtue o1 the autltoritg vested in me aj YWagor of the Iffitty of //ederfaid, Jexaj, do here�g Proclaim September 10 -16, 1989 V "POW /MIA Recognition Week" in the City of Y eder[aid, _lexae, aitcl urge eacl't anal every C,ifizeit of our City to Aeeogni.ze the PO01 /MIA'6, theft .indiv.iduax pti.ght6 and 6u66e ing, as wett a6 the 6u66ening o6 -then 6am.iti.e6 and xoved one6 and 6uppont eveAy e56ott to re6otve th.i,6 d.66ue. Jit testintony wltereol, witneie mg lLati atid Seal of /lee City of 71ederlai tltid t/e 8th aag o� September, 1989 g.. r i7Yt City Secretary •►'Iayor �. City of //eder[anal, 5exa6 284. AMENDMENT TO STANDARD FIRE PREVENTION CODE ORDINANCE NO. 333 AN ORDINANCE SETTING FORTH RULES AND REGULATIONS TO IMPROVE PUBLIC SAFETY BY PROMOTING THE CONTROL OF FIRE HAZARDS; REGULATING THE INSTALLATION, USE AND MAINTENANCE OF EQUIPMENT; REGULATING THE USE OF STRUCTURES, PREMISES, AND OPEN AREAS IN THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR THE ABATEMENT OF FIRE HAZARDS; ESTABLISHING THE RESPONSIBILITIES AND PROCEDURES FOR ENFORCEMENT; SETTING FORTH STANDARDS FOR COMPLIANCE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1 That the 1988 edition of the Standard Fire Prevention Code and the 1989 revisions promulgated by the Southern Building Code Congress International, Inc. save and except such portions as are hereinafter deleted, modified or amended and the same is hereby adopted and incorporated as fully as if fully herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in fire prevention and protection within the corporate limits of the City of Nederland, Texas. ' (a) Section 102.2 ( a,b,c,d)-Dealing with Unsafe, Vacant, and Burned Structures (b) Section 902.1.1 - Dealing with Restricted locations of Aboveground Storage Tanks (c) Section 902.1.3 - Dealing with Restricted locations of Underground Storage Tanks (d) Section Appendix A101.4.3 - Dealing with Assistant(s) Fire Official (e) Section Appendix A105 - Dealing with Board of Adjustments and Appeals (f) Section Appendix A107 - Dealing with Violations and Penalties Section 2 Amendments, additions, and deletions The following amendments, additions and deletions to and from the Standard Fire Prevention Code adopted herein are hereby made and adopted, such amendments, additions, and deletions being set forth herein, being identified by and prefaced by appropriate section number of the Standard Fire Prevention Code: CHAPTER 1 That Section 102.2 (a,b,c,d) of the Standard Fire Prevention Code is hereby amended by the addition of Section (a), Section (b), Section (c), and Section (d) to read in full as follows: 2 85 102.2(b) - If, in the opinion of the fire official, a building becomes a health hazard due to burning, deterioration, or other reasons the owner shall have sixty (60) days after being notified by the fire official to bring the structure to a condition that complies with this ordinance and all other ordinances of the City of Nederland, or the demolition of the structure and removal of all debris or trash from the property site. 102.2(c) - If this is not done by the owner within the prescribed time, the owner shall be subject fines and penalties as set out herein. 102.2(d) - In addition to fines and penalties, the City Council shall have the authority to have the structure removed with all debris and trash from the property and all costs therefore shall be taxed against the owner of the property and a lien fore seen be placed against the property in accordance with the laws of the State of Texas. CMAPTPR Q That Section 902.1.1 of the Standard Fire Prevention Code is hereby amended to read in full as follows: ' 902.1.1 Aboveground Storage - The aboveground tank storage of flammable liquids in residential areas is prohibited. Tank storage of combustible liquids in residential areas shall require the approval of the fire official. That Section 902.3.1 of the Standard Fire Prevention Code is hereby amended by the addition of Section 902.3.1(a) to read in full as follows: 902.3.1(a) Underground Storage - The underground tank storage of flammable and combustible liquids in residential areas shall require the approval of the fire official. APPRmn TX A That Section A101.4.3 of the Standard Fire Prevention Code is hereby amended to read as follows: A 101.4.3 Assistant Fire Official - The fire official of the City of Nederland or such assistant(s) as appointed by him shall perform the duties of the fire official in this code and the fire official shall enforce the provisions of this code and all state laws under his jurisdiction pertaining to the prevention, suppression, or extinguishment of fires. The fire official and his appointed assistant(s) shall have the power of a police officer in performing his duties under this code. That Section A105 of the Standard Fire Prevention Code is hereby amended to read as follows: 102.2(a) Unsafe, Vacant, and Burned Structures - Every person owning, or in charge or control of, remove therefrom all accumulations of any vacant flammable or burned out or combustible structure shall waste or rubbish and shall securely lock, barricade, or otherwise secure all doors, windows, and other openings thereof. The premises shall be kept clear of any waste, weeds and grass, or hazardous materials. 102.2(b) - If, in the opinion of the fire official, a building becomes a health hazard due to burning, deterioration, or other reasons the owner shall have sixty (60) days after being notified by the fire official to bring the structure to a condition that complies with this ordinance and all other ordinances of the City of Nederland, or the demolition of the structure and removal of all debris or trash from the property site. 102.2(c) - If this is not done by the owner within the prescribed time, the owner shall be subject fines and penalties as set out herein. 102.2(d) - In addition to fines and penalties, the City Council shall have the authority to have the structure removed with all debris and trash from the property and all costs therefore shall be taxed against the owner of the property and a lien fore seen be placed against the property in accordance with the laws of the State of Texas. CMAPTPR Q That Section 902.1.1 of the Standard Fire Prevention Code is hereby amended to read in full as follows: ' 902.1.1 Aboveground Storage - The aboveground tank storage of flammable liquids in residential areas is prohibited. Tank storage of combustible liquids in residential areas shall require the approval of the fire official. That Section 902.3.1 of the Standard Fire Prevention Code is hereby amended by the addition of Section 902.3.1(a) to read in full as follows: 902.3.1(a) Underground Storage - The underground tank storage of flammable and combustible liquids in residential areas shall require the approval of the fire official. APPRmn TX A That Section A101.4.3 of the Standard Fire Prevention Code is hereby amended to read as follows: A 101.4.3 Assistant Fire Official - The fire official of the City of Nederland or such assistant(s) as appointed by him shall perform the duties of the fire official in this code and the fire official shall enforce the provisions of this code and all state laws under his jurisdiction pertaining to the prevention, suppression, or extinguishment of fires. The fire official and his appointed assistant(s) shall have the power of a police officer in performing his duties under this code. That Section A105 of the Standard Fire Prevention Code is hereby amended to read as follows: 296 A105 Board of Adjustments and Appeals - This code may contradict or restrict present practices of the inhabitants of the City of Nederland, Texas, and particularly the present practices of heavy industry which may be annexed in the future. These nonconforming practices may be permitted if they comply with good engineering practices and current codes and standards, i.e., OSHA, ASME, ANSI, etc., and there is hereby created a Board of Appeals and Adjustments. The Board will consist of the same five (5) members as does the Zoning Board of Appeals. The Board shall adopt rules and regulations for conducting its business. The fire official, or his authorized representative, shall be the ex officio member and shall act as secretary of the Board on matters pertaining to the Standard Fire Prevention Code. The fire official shall also have the power to waive miscellaneous permits for heavy industry such as for compressed gas, corrosive liquids, etc., should he deem it proper. That Section A107 of the Standard Fire Prevention Code is hereby amended to read as follows: A 107 Violations and Penalties - Any person, firm, corporation, or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued and upon conviction of any such violation such person shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) SECTION 3 SEVERABILITY CLAUSE: If any violation of this Code or the application thereof ' to any person or circumstances is held invalid, the remainder of this Code and the application of such provisions to other persons or circumstances shall not be affected thereby. REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this Code are hereby repealed. WHEN EFFECTIVE: This ordinance shall take effect from and after its passage and publication as required by law. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 12 day of September , A.D., 19 89 . H. E. Nagel H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres Chris Serres, City Secretary City of Nederland APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson W. E. Sanderson, City Attorney City of Nederland, Texas 287 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 26, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on September 26, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the minutes of the September 12, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the September 12, 1989 meeting as written. All Voted Aye. Mayor Nagel called a Public Hearing to order at 6:32 p.m. for the purpose of rezoning a .641 acre tract of land located in the 500 block of Avenue D from "Commercial" to "Residential ". Mayor Nagel called for any questions and /or comments relative to the rezoning. Mr. J. B. Childers, 519 Avenue D, stated he was in favor of rezoning the .641 acre tract of land. There being no further questions and /or comments, Mayor Nagel adjourned the Public Hearing at 6:36 p.m. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve an Amendment to Ordinance No. 146, rezoning a .641 acre tract of land located in the 500 block of Avenue D from "Commercial" to "Residential ". All Voted Aye. D. E. Sosa, City Manager, read the caption of the Amendment to Ordinance No. 146. D. E. Sosa, City Manager, informed the Council that Rebecca Miles had withdrawn her complaints concerning the condition of the property at 719 South 6 Street. Mr. Sosa stated that the property had been cleaned up and Mrs. Miles is satisfied with the results. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to table Item #5, complaints to be received from Mrs. Rebecca Miles concerning property located at 719 South 6 Street, due to the absence of Mrs. Miles. All Voted Aye. Mayor Nagel presented Ms. Terri Gonzales with a Proclamation declaring October 1 -7, 1989 as "Physical Therapy Week" in Nederland. Ms. Gonzales stated she will be opening a fitness center in Parkdale Mall. She thanked the City for declaring October 1 -7, 1989 as "Physical Therapy Week" in Nederland. 2 A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve a proclamation declaring October 1 -7, 1989 as "Physical Therapy Week" in the City of Nederland. All Voted Aye. Mayor Nagel presented Mr. John Ware, American Society of Quality Control, with a proclamation declaring October, 1989 as "National Quality Month" in the City of Nederland. Mr. Ware thanked the Mayor and Council for declaring October, 1989 as "National Quality Month" in Nederland. A motion was made by Mayor Nagel and seconded by Councilman Bourque to approve a proclamation declaring October, 1989 as "National Quality Month" in the City of Nederland. All Voted Aye. D. E. Sosa, City Manager, explained that Item 118, approving a resolution supporting the present rules and regulations as they pertain to utility regulation in the State of Texas, is in direct response to the Governor of Texas appointing a task force to study the public utility regulations. Mr. Sosa stated that certain Texas cities are proposing to remove all cities from the rate making process. After discussing this idea the City Manager and the City Attorney conclude that it would be a mistake to remove cities from the rate making process. Mr. Sosa stated that the City of Nederland was asked by those cities wishing to remain active in the rate making process to pass a resolution supporting the present rules and regulations. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve Resolution No. 1989 -9 supporting the present rules and regulations as they pertain to utility regulation in the State of Texas. All Voted Aye. D. E. Sosa, City Manager, read a resolution nominating Charles Lankford as a candidate for the Board of Directors of the Jefferson County Appraisal District. Mayor Nagel reminded the Council that Dick Nugent resigned his position on the board due to the fact that he works for a governmental entity and the recent changes in the law prohibit him from serving on the Board of Directors of the Jefferson County Appraisal District. A motion was made by Councilman Bourque and seconded, by Councilman LeBlanc to approve Resolution 1989 -10 nominating Charles Lankford as the City of Nederland's nominee to the Jefferson County Appraisal District Board of Directors. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the bid received from J.K. Chevrolet for one new pickup truck for the Fire Department in the amount of $15,066.60 meets the specifications set out by the Fire Chief. Mr. Sosa stated that although the bid received was $66.60 over budget, this amount should be available in the Fire Department fund. Mr. Sosa recommended award of the bid to J.K. Chevrolet. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to award the bid for one (1) new pickup truck for the Fire Department to J.K. Chevrolet with a low bid of $15,066.60. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that only one bid was received during the last Council meeting for one new pickup truck for the Water Department. Mr. Sosa explained that the specifications for the Water Department truck include a utility bed and the specifications for the Fire Department truck do not. Due to the one bid being $5,000.00 over budget Mr. Sosa recommended rejecting the bid and readvertising to receive bids on October 10, 1989. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to reject the bid for one (1) new pickup truck for the Water Department and readvertise to receive bids October 10, 1989. All Voted Aye. Stirling Copp, Director of Public Works, opened and read bids for one (1) new paint striper. Bidders were as follows: Waste Systems Equipment, Inc. - $23,951.00; Super Precision Design, Inc. - $8,900.00; M -B Company, Inc. - $10,535.00; and Linear Dynamics, Inc. - $6,000.00. Stirling Copp, Director of Public Works, opened and read bids for one (1) new garbage truck. Bidders were as follows: Government Innovators, Inc. - $94,800.00; Government Innovators, Inc. - $92,663.00; Rand Automated Compaction System, Inc. - $72,124.00; Industrial Disposal Supply Co. - $113,754.00; and Industrial Disposal Supply Co. - $104,553.00. Stirling Copp, Director of Public Works, opened and read bids for one (1) new flat wheel roller. Bidders were as follows: R. B. Everett & Co. - $23,420.00; and Waukesha - Pierce Industries, Inc. - $29,573.00. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to refer the bids for one new paint striper, one new garbage truck and one new flat wheel roller to the City Manager and staff for tabulation with recommendation to be made at the next Council meeting. All Voted Aye. D. E. Sosa, City Manager, recommended payment to d.p. Consulting Engineers in the amount of $2,304.73 for work on the City's infiltration and inflow study. Mr. Sosa stated that we should be receiving a report from Jones and Neuse. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to approve payment to d.p. Consulting Engineers in the amount of $2,304.73 for work on the City's infiltration and inflow study. All Voted Aye. Discussion items: 1. Councilman Doornbos suggested that the next agenda include an item appointing members to a citizen task force or advisory committee to review any needed improvements at C. Doornbos Park and to make recommendation(s). The committee should be made aware that since the City has no available funds at this time, any and all improvements will have to be done with donations. The Nederland -Port Neches Optimist is ready to donate approximately $80,000.00 for the purpose of building baseball diamonds in the park area. He explained that the Optimist Club does not want to own or operate the diamonds and suggested that they be managed by a new or existing adult league. Councilman Doornbos also suggested the committee try to raise funds and apply for a federal grant which would match the funds. He would like to see each councilmember appoint one member from their ward and allow the Mayor to review a list of Nederland residents who are members of the Nederland -Port Neches 290 Optimist Club and appoint a representative from that list. In addition to these appointees, Mr. Doornbos would like for the City Manager to appoint the Parks and Recreation Director, or his assistant, to serve on the committee. He would like to see one more member appointed to represent the Council and /or his family. Mayor Nagel asked that this item be placed on the October 24, 1989 agenda to allow more time to appoint a representative from each ward. 2. Mr. Sosa stated that the City of Hondo is asking for the City of Nederland's support of Proposition No. 8 in the form of a resolution. This proposition allows the issuance of general obligation bonds for the purpose of acquiring, constructing or equipping correctional institutions, statewide law enforcement facilities and mental health /mental retardation institutions. Mr. Sosa stated he will place such a resolution on the next agenda if there are no objections from the Council. There being no further business, the meeting was adjourned by Mayor Nagel at 7:45 p.m. on September 26, 1989. ATTEST: Chris Serres, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN ZONING DESIGNATIONS, PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. SECTION 2 GENERAL. There shall be a change from commercial zoning to residential zoning of a tract of land located in the 500 block of Avenue D more particularly described as follows: Beginning at the S.W. corner of Lot 5, Block 15, Range E of Port Arthur Land Co. Subdivision, Jefferson County, Texas. Thence, North 48 °47' West 200 feet to point beginning for Tract of replat. Thence, North 48 °47' West 135 feet to a point for corner. Thence, North 41 °13' East 198 feet to a point for corner. Thence, South 48 °47' East 135 feet to a point for corner. Thence, South 41 °13' West 198 feet to the place of beginning, containing .614 acres more or less. SECTION 16 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of this ordinance or who shall fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of ' any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one ($1.00) dollar nor more than Two Hundred ($200.00) dollars, and each day such violation continues or exists shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor or agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided. SECTION 17 WHEN EFFECTIVE. This amendment shall be effective from and after its passage and publication as required by law. Passed, adopted and approved this 1989. ATTEST: 26th day of September , A.D., S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas 2.91 292 S CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S/W E SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas 1 CITY OF NEDERLAND A PROCLAMATION WHEREAS, the American Physical Therapy Association is observing a national physical therapy week entitled "Physical Therapy: Hands -On Health" and observation of this week is calling special attention to the contribution of physical therapy toward improving the quality of life and physical performance of people of all ages; and WHEREAS, the goals of the Sabine District of the Texas Physical Therapy Association are to achieve better lives for our citizens through the advancement of physical therapy education, practice and research; and WHEREAS, the Sabine District of the Texas Physical Therapy Association plays an integral role in continued efforts to provide care and assistance, coordinate activities, and disseminate information to promote fitness and good health; NOW, THEREFORE, I, Homer E. Nagel, Mayor of the City of Nederland, do hereby proclaim October 1 -7, 1989 as "PHYSICAL THERAPY WEEK" in Nederland, Texas and urge all public officials and private citizens to join with the physical therapy profession to secure better care for all our citizens. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 26th day of September, 1989, A.D. "H mo er E. Nagel, Mayor :r City of Nederland, Texas I Chris Serres, City Secretary City of Nederland, Texas 1 2 93 294 CITY OF NEDERLAND A PROCLAMATION WHEREAS, a commitment to excel ence in manubactun.ing and seAvice is essentiat to our nation's tong- .te)un economic weEbane; and WHEREAS, oven. the yeaAs, Ametican enabtsmen have shown great penaonat pn,ide and interest in devetop.ing quae,ity goods and seAvices; and WHEREAS, ,indiv.iduat wonke z, b mess managers, .eabon .Eeadms, and government o66.iciaZ6 must a22 work to promote a standard ob exce,Uence in the pub -i.c and private sectors; and WHEREAS, bnom the smaUe6,t to the xangest manubaetuAing and sehv.ice ongan.izationis in the State ob Texa6, qua.i ii,ty -i s a major concnn ob aU who bee.ieve in the .Fong -.teem existence ob theiA openationz; and WHEREAS, the .inteAeJstz ob these men and women are nepnesented by the Ameni.can Society bon Quality Contnot, an .inteAnati.onat society with oveA 60,000 membeu wonXdw.ide, engaged in a nati.onat campaign to make aU Amen,icans aware that "Quaei.ty F.ivLs.t" .ivy the key to pnoducti.v.ity and pnob.itab.i (ity in our economy; and WHEREAS, the Southat Texas Section ob the American Society bon. Quaf- ty Contnot wilt sponsor activities in support ob this national awaneners campaign; and NOW, THEREFORE, I, Homer. E. Naget, Mayon ob the City ob NeduLtand, hereby pnocfaim OctobelL 1989 a6 "NATIONAL QUALITY MONTH" and commend the American Society bon Quatity Contnot and the Southeast Texas Section bon their. contibution6 to oulc community. IN TESTIMONY WHEREOF, witness my hand and Seal ob the City ob Nedetand tha the 26th day ob September., 1989, A.D. Homer L. Naget, ayon City o6 NedeAtand, Tex" ATTEST: ,vu,e SeAAu, City SecutvLy City ob NeduLtand, Texas 295 CITY OF NEDERLAND RESOLUTION N0. 1989 -9 THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the Governor of the State of Texas has established a Task Force to study public utility regulation in Texas and make its recommendations concerning the process; and, WHEREAS, in making its recommendations, the Task Force has invited cities to state their respective positions on this matter; and, WHEREAS, the current concern about utility regulations in Texas has been created by actions of certain individuals which has resulted in arousal of public opinion seeking a variety of reforms, ranging from calling for the resignation of the current commissioners to complete overhaul of the regulation process; and, WHEREAS, the City of Nederland, Texas has actively exercised its regulatory duties in accordance with the Texas Public Utility Regulatory Act and believes that the State of Texas has a regulatory system that is comprehensive and adequate enough to accomplish the task; and, WHEREAS, the City of Nederland, Texas further believes that the philosophy of rate regulation has been properly and adequately set by the Legislature of the State of Texas to the exclusion of the philosophy of particular individuals or groups of individuals and the best interests of the State, its citizens, its utilities and their consumers will be served only by having public officials act in accordance with the dictates of the law, even when the law conflicts with their personal views and philosophies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 296 That the City of Nederland, Texas make known to the Governor's Task Force on utility regulation that it feels that the regulation system heretofore adopted by the State of Texas is a good and sufficient system and that the Task Force should not undertake to change the system or philosophy of rate regulation in Texas, but should use its efforts to assure that the Commissioners of the Texas Public Utility Commission be fit for the task and that they be required to conduct themselves in accordance with the State regulatory system and in a manner befitting the high office they hold. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this the 26th day of September, A.D., 1959. 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 1 1 1 r CITY OF NEDERLAND RESOLUTION NO. 1989 -10 THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City Council of the City of Nederland, Texas, at its regularly scheduled meeting of September 26, 1989 in accordance with the Property Tax Code of the State of Texas, hereby nominates Charles Lankford as a candidate for the Board of Directors of the Appraisal District established for Jefferson County. BE IT FURTHER RESOLVED that the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15 in accordance with said Statute. PASSED this 26th day of September, 1989. S /HOMER E. NAGEL HOMER E. NAGEL MAYOR S /ROBERT SAWYER ROBERT SAWYER Mayor ProTem, Ward 1 S /CROPO LEBLANC CROPO LEBLANC Councilman, Ward 2 ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas S /MIKE BOURQUE MIKE BOURQUE Councilman, Ward 3 S /BILLY W. DOORNBOS BILLY W. DOORNBOS Councilman, Ward 4 2 ()8 1 L�