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1994
001 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. January 10, 1994 MEETING The meeting was called to order by Mayor Carl N. LeBlanc at 6:00 p.m. on January 10, 1994 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Councilman Paulus. Mayor LeBlanc announced that the interviews were concluded and that the Executive Session will be called back to order at the end of the regular meeting to discuss the finalists and that no action will be taken today. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the minutes of the December 20, 1993 meeting as written contingent upon changing the motion under "Appointments" to reflect that Mayor LeBlanc made the motion and not Councilman Paulus. All Voted Aye. EXECUTIVE An Executive Session was called to order by Mayor SESSION LeBlanc at 6:04 p.m. as authorized by Texas Govern- ment Code, Chapter 551.071 for the purpose of receiving an update relative to pending litigation with DuPont Beaumont Works. The Executive Session was recessed at 7:20 p.m. by Mayor LeBlanc. Mayor LeBlanc announced that the update was for informational purposes only and that no action was necessary. Mayor LeBlanc then announced that the Executive Session will be continued as authorized by Texas Government Code, Chapter 551.074 for the purpose of continuing the interview of finalists for the City Manager position. The Executive Session was recessed at 8:45 p.m. by Mayor LeBlanc and the regular meeting was called back to order. Mayor LeBlanc announced that the interviews were concluded and that the Executive Session will be called back to order at the end of the regular meeting to discuss the finalists and that no action will be taken today. oo� Minutes continued, January 10, 1994 PUBLIC HEARING A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize a Public Hearing to be held at 6:00 p.m., January 24, 1994 to determine if properties owned by Unocal should be included in the tax base. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to remove from the table awarding bids received for 225 garbage containers. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Moss to award bids received for 225 garbage containers for fully automated waste collected system to the low bidder, Roto Industries, in the amount of $10,818.00. All Voted Aye. Kent Walston, Personnel Director, opened and read bids received for dechlorination chemicals and chemical storage tank for the Wastewater Treatment Plant. Bidders were as follows: Chemlink, Deer Park, TX - chemicals - .19 /lb. and tank - $3,000.00; and, Mid -Co Chemicals, Bay City, TX - chemicals - .16� /lb. and tank - $2,950.00. The Mayor and City Council directed the City Manager to refer bids received to the staff for tabulation and recommendation. PAYMENTS A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve payment of the bills for the month of December, 1993. All Voted Aye. COMMUNICATIONS Chief Neal informed the Council that the Public Works Director has listed the streets which will be included in the 1994 Street Program. Chief Neal reported to the Council that the recycling program needs to be studied due to the low participation. He added that under the terms of the contract with BFI the City pays on a per household basis and not a per household participation which costs approximately $7,000.00 per month. He suggested that we check into the possibility of using their services every other week instead of every week. The Council directed him to study different options and report back to them. Minutes continued, January 10, 1994 COMMUNICATIONS Councilman Schroeter reported that the inter - (CONT.) section of Nederland Avenue and Hwy. 69, on the Port Arthur side, needs to be cleaned up. He added that people are dumping trash at that site. EXECUTIVE The Executive Session was reconvened at 9:50 p.m. by SESSION Mayor LeBlanc as authorized by Texas Government (CONT.) Code, Chapter 551.071, for the purpose of discussing the City Manager finalists. The Executive Session was adjourned at 10:20 p.m. by Mayor LeBlanc and the regular meeting was called back to order. Mayor LeBlanc announced that a Special Meeting will be held Monday, January 17, 1994 at 11:30 a.m. for the purpose of appointing a City Manager. ADJOURN There being no further business, the meeting was adjourned at 10:22 p.m. by Mayor Carl N. LeBlanc. 1 ATTEST: La onna Floyd', City Secretary City of Nederland, Texas 1 �""i yl • 4 Carl N. LeBlanc, Mayor City of Nederland, Texas 003 004 .. �� .......................................: v...:..... ............n.............;.;.; ..v.: ::..::: .... .: �: v.0 } }:::... .}.. p}}: . �••::} N. v.. v: v.i. }:, ^.,:j:'; } }:ii: }..i:i:;Y: �:::ti:: n :.}: �: }.:.. •... .. nt?; ?? �+:v��.:.,v: \v.: :,.:v ,J:'�: <:;�'ks;::tia °.`•kr'}`. < }•}�` o- }eo }s : isoti"'• �`.. a.. ,, #t:?.a,.n��,,,�:.�,��.'�•�'�' �.£:''•�O�'}.:. S� ..¢a..w'n �.�5:�' ','..` ` ..� : Jp,9y5,; ':nw, Name Title Present Absent Carl N. LeBlanc Melvin L. Moss ': Councilman — Ward 1 Will E. Schroeter Councilman — Ward 2 W. Ceyril Paulus Councilman - Ward 3 Bill W. Doornbos Councilman - Ward 4 LaDonna Floyd City Secretary Billy Neal Interim City Manager /Police Chief Kent Walston Personnel Director Steve Hamilton Director of Public Works Mike Lovelady Fire Chief James Byers Building—Official Brenda Warren Librarian Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director W. E. Sanderson City Attorney &,�M. Mayor Aty- I-10-qq Date 1 005 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 11:30 a.m. January 17, 1994 MEETING The meeting was called to order at 11:30 a.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the January 10, 1994 meeting as written. All Voted Aye. APPOINTMENT A motion was made by Councilman Paulus and seconded by Councilman Moss to remove from the table ' appointing a City Manager. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to appoint Bill Storey as the City Manager of the City of Nederland. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned at 11:36 a.m. by Mayor LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: I —n, LaDonna Floyd, City Secretary City of Nederland, Texas 1 � . ... h ..... ..............,.v..... ...3.. . }........., ...... v....... :: )....d :h::.i..:::.. h »:e::. >.f ..::::�i::i:;.:;2;:F:::.:y v2 %; E +:ihEE:.rt: 8:zn: by ........... ..:.:•:^•:::.. Eih::::::::: rv:< f? isi ' ?::::E:Y:Ex::ff`Y ?:i:Yb::+::.h ia•:i •Ei. ::i h:; »:•...n.. .. ... .. .., ,• .. .,:... :. ... : <,. r:: uffi::n. Rf:•... ....... .A:.:f::� ..n :. .. ":E ^E.... ,. < >i +f}:y,T.•. ?�.vh •h »f n: ?.h.... hvi::h�'v ::n :. ..:............................... h....:. .::,..:.:,:3E ».::h:h...mw..,�d: +..dk:. i.... ... r..: n ?: ..w,,..: .'•.'.yk:.d.:. u. /•..: :.C�:t fy:;:< s•:+...;•;.... v.......:::; �».: s:.. v.::. h::::; s ..h::......s ..................\ .. ..........:. ,.. :. ... :.: h: . »,. ^...:v.. .. ., :' ..�. .,..:. '.se. :: x.. a.Sx s:itt'..ti:i.:.h ..:�..:.... fl.:. ..f+�i..": +.:,. r..�:... �irE .f: i:: `::�,,•.*k.• »,'s'y+:t, .i�4,'t.?:?' .+�'S£vR� ..0`?:. : %.. � :� :•: :� fi s �h:" :5rke••,:CEhwo:.:.v.i um ...E.,:h'�'Jxi?, ,y.�..., ,�."a `.'�:.: :..k.n r.:#�`Xtrc' :a•R: Y i'�w''f � ss.. ..: :•i'.: :q�: +,. ?AR:E`:;:;,i:. +<:jrai:".'• R:+"�E:`kS;` k:+Ed,v.• +d. v:i hi;' ^inn�,., t 3 '• +.k� .: \.. :. roar„ vi,{i'h. .. ;h 'iv:. yE:k +it y.: o.:s; v, 's }�t '. .. ,i.#:,, f•...:.`E.'.�t,4 . � ,, f..t'.,.. s:F:, °.�•,`.i: <" <: a:.� d . th.�i" ; +.. u+N.f.. hi :a:...: R��y�/ {yam Ey�t� T h::%t„h,.,h :�`•:3:s;h,},,?:v:f., d :�?n... :. ::4,i}� ;��X .,y'Si' :. , .Mfis. \I..JI:+F�., :.:.. .... .......................... ....v.. v.:::: ;...v t�++.. M:.iS a�'i� N„�.3: oe.._... :...vdfi :.•ti. :tSA..`i:v i4:: o':`6i:+�;:..: b.ii>:h Y+�: �+`:.i#tnN.. », vs�. Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward 1 �✓ . Will E. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ LaDonna Floyd City Secretary ✓ Bid Neal Interim City Manger /Police Chief ✓ Kent Walston Personnel Director ✓ Steve Hamilton Director of Public Works ✓ Mike Lovelady Fire Chief �✓/ James Byers Building Official Brenda Warren Librarian Che 1 Dowden City Treasurer Bobby Kelly Parks Director W. E. Sanderson City Attorney 0 Date U I. 007 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. January 24, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Brenda Warren, Librarian. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the Special Meeting of January 17, 1994 as written. All Voted Aye. PUBLIC HEARING A Public Hearing was called to order at 6:02 p.m. by Mayor LeBlanc for the purpose of determining if properties owned by Unocal should be included in the tax base. W. E. Sanderson, City Attorney, explained that under the terms of the in lieu of tax contract between the City and Unocal the new facilities constructed at the plant could not be included in the tax base. He added that these could be considered during negotiations of a new contract in 1997. Mr. Rod Kensey and Mr. Roger Vernon of Unocal expressed their appreciation to the Council for their consideration in this matter. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to accept the findings of the Public Hearing and the Council's interpretation of the contract as discussed. All Voted Aye. There being no further questions and /or comments the Public Hearing was adjourned at 6:10 p.m. by Mayor LeBlanc. RESOLUTIONS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Resolution 1994 -01 concerning an Environmental Audit of the Wastewater Treatment Plant for the Environmental Protection Agency. All Voted Aye. 008 Minutes continued, January 24, 1994 AGREEMENTS A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve an agreement between the City of Nederland, Hillcrest Baptist Church, and Nederland South Little League for use of church property for baseball games and payment of utilities not to exceed $2,000.00 /season. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve an agreement between the City of Nederland and the Mid - County Radio Control Club to use property at the Mid - County Municipal League landfill site for a period of two years with a 30 -day cancellation clause. All Voted Aye. BIDS A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize advertisement of bids for one (1) self - propelled concrete saw, and 1,000 tons of precoated aggregate for the Public Works Department to be received February 14, 1994. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Moss to award bids received for dechlorination chemicals and chemical storage tank for Wastewater Treatment Plant to MidCo Chemicals, Baytown, TX. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize payment to KSA Engineers, Inc. in the amount of $2,640.00 for engineering services during the design phase of the Water Treatment Plant project. All Voted Aye. COMMUNICATIONS Chief Neal, Interim City Manager, informed the Council that the Mid County Municipal League will be studying the recycling program. Chief Neal reported that the Public Works Department will be transporting approximately 80 broken garbage containers to the city -owned Nederland Heritage Pavilion to be used during the Heritage Festival. He added that the Festival committee has agreed to purchase wheels for the containers in order for them to be used in the carnival area. Chief Neal stated that after the Festival is over the wheels will be removed and the containers will be stacked in the warehouse area of the Pavilion. This will save the City time in transporting the containers to and from the carnival area each year. Minutes continued, January 24, 1994 COMMUNICATIONS W. E. Sanderson, City Attorney, reported to the (CONT.) Council that a water district can annex property that is located in a city's extraterritorial jurisdiction without the city's authorization. Councilmen Doornbos and Paulus expressed an interest in conducting a Work Session on the pending annexation within the next month or two. Chief Neal asked if the Council would have a problem with the front doors of City Hall being locked daily. The Council instructed him to work out the details with the incoming City Manager, Bill Storey. Chief Neal took this opportunity to thank the Council for their confidence in him to perform the duties of City Manager. He also thanked the entire staff for their help in making the job a little easier for him. Councilman Doornbos stated that we have an Executive Session at the next meeting to discuss pending litigation with DuPont. ADJOURN There being no further business, the meeting was adjourned at 7:10 p.m. by Mayor Carl N. LeBlanc. ATTEST: C LaDonna Floyd, City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas UNINTENTIONALLY LEFT BLANK NOTHING OMITTED 1 1 1 Oil G �jo, 6 Mayor 012 C0111 CITY OF NEDERLAND RESOLUTION 1994 -01 Resolved that the City of Nederland informs Environmental Protection Agency Region 6 that the following actions were taken by the City Council of the City of Nederland: 1. Reviewed the Municipal Water Pollution Prevention Environmental Audit Report which is attached to this resolution. 2. Set forth the following actions necessary to maintain permit requirements contained in the NPDES Permit No. TX0026476. a. Continue with planning phase for plant and collection system improvements to provide more ability to handle flows and loadings. b. Complete minor upgrades to plant to enhance treatment capability. t, Passed by a unanimous vote of the City Council on this o?�I day of /(�M r , 19q. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: "LaDOnna Floyd, City Secretary City of Nederland, Texas I 013 AN AGREEMENT THE STATE OF TEXAS • 1% COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: An agreement between IIILLCREST BAPTIST CHURCH, NEDERLAND SOLMI LITTLE LEAGUE, and the CITY OF NEDERLAND providing for recreational facilities upon church property situated in the 3500 block of Avenue H. This agreement between the IIILLCREST BAPTIST CHURCH and the CITY OF NEDERLAND is entered into upon the following terms and conditions to wit: 1. That IIILLCREST BAPTIST CHURCH will provide property for Little League ballparks at this location. 2. That the CITY OF NEDERLAND will provide necessary utilities including the electric bill, the gas bill, and the water and garbage service not to exceed $2,000 per year total. 3. That the term of this Lease will be for a period of one (1) year from the date hereof with a one (1) year option for renewal. 4. That either party, HILLCREST BAPTIST CHURCH or the CITY OF NEDERLAND, may cancel this lease by giving the other party written notice of thirty (30) days prior to the date of cancellation, and such written notice shall be mailed to the following addresses: CITY OF NEDERLAND IIILLCREST BAPTIST'CI-IURCH P. 0. Box 967 P. 0. Box 1385 - 3324 Park Drive Nederland, Texas 77627 Nederland. -Texas 77627 5. That the CITY OF NEDERLAND will compensate IIILLCREST BAPTIST CHURCH in 3 014 the amount of $10.00 per year as a consideration for providing these facilities for public use. 6. That the IIIIJ CREST BAPTIST CHURCH maintain control over the activities through their designated agents such as the NEDERLAND SOUTH LITTLE LEAGUE or others and may set times that playing will be prohibited on these ball parks. 7. That the NEDERLAND SOUTH LITTLE LEAGUE agrees to and will "hold harmless" the IIILLCREST BAPTIST CHURCH and the CITY OF NEDERLAND from any damages or other liabilities which might arise from the use of these facilities. Approved by authorized representatives of the CITY OF Nr•.Dr.RLAND and IIILLCI2EST BAPTIST CHURCH this 4q day of , , 191 . ell Wd, 4 / X—C-/ Carl Croppo, LeBlanc, Mayor ATTEST: City Secretary, CITY OF NEDERLAND APPROVE AS ' 0 FORM AND LEGALITY City Attorney, CITY O' NEDERLAND ENDORSED BY NEDERLAND SOUTH TRUSTEES, IIILLCREST BAPTIST CHURCH: LITTLE LEAGUE OFFICIALS: to 1 i 1 STATE OF TEXAS * JOINT LAND USE COUNTY OF JEFFERSON * AGREEMENT PARTIES This agreement is made between the following parties: 1. Mid County Municipal League, composed of the cities of Nederland, Port Neches, and Groves, Texas; and 2. Mid - County Radio Control Club, a non - profit radio control flying club and a Texas corporation. PURPOSE Whereas, the Mid County Municipal League, hereafter referred to as Lessor, is the landlord of certain real property in Jefferson County, Texas, hereafter referred to as the "Landfill ", and Whereas, the Mid - County Radio Control Club, hereinafter referred to as Lessee, desires the use of the "Landfill" as Lessee. The purpose of this agreement is that Lessor will allow Lessee the use and access to a portion of the "Landfill" under the following terms and conditions: SITE The site shall be the area of the Landfill which is presently within the perimeter of the Landfill road, as platted by the City of Nederland, Texas, Map Records. In addition, access to the site shall be by way of the road leading from State Highway 347 to the perimeter road. (See Exhibit A) O O Land Use Agreement /Page 1. 016 COPY TERM OF USE This agreement shall be of a two -year term, commencing January 1, 1994, and ending December 31, 1995, subject to the following conditions: CONDITIONS 1. Lessee shall maintain the area within the perimeter road in a neat and orderly fashion. 2. Lessee shall use the site for the purpose of club activities, which are directly related to the flying of remote controlled miniature model aircraft. 3. Only members of Lessee's club and their guests are invited upon the property. 4. Lessee shall provide and maintain the standard "site- ' owner's" liability insurance policy in favor of Lessor, which is underwritten by the Academy of Model Aeronautics, in the amount of One Million Dollars ($1,000,000.00), and shall furnish Lessor with evidence of same. The Lessee hereby agrees to and will hold harmless the Lessor from any damages or other liabilities which might arise from the use of the lease premises. 5. Lessee shall require all club members to also be members of the Academy of Model Aeronautics and maintain individual Academy of Model Aeronautics' insurance. 6. Lessee shall not allow the use of firearms or alcohol at the site. Land Use Agreement /Page 2. 417 7. Lessee shall not operate its models or related equipment in any way which interferes with Lessor's business or the general public. 8. Lessee shall maintain its own gate lock system which will insure that the access road gate is locked at all times except when Lessor has elected to leave the gate open for Lessor's convenience, or unless Lessor otherwise directs. 9. Lessee shall not substantially alter or modify the site without prior approval of Lessor. 10. Lessee is allowed to erect and maintain signs, fences, and "non- permanent" structures which relate to the flying of their model aircraft, so long as such items do not interfere with Lessor's operations or hinder Lessor's superior duty to maintain the site in accordance with Lessor's or other governmental standards. 11. Any alteration or placement of items on site shall be promptly removed by Lessee at Lessee's own expense should Lessor so demand; and the site replaced to pre- existing conditions. 12. Lessee shall participate with Lessor in public service activities to the extent that Lessee and Lessor's mutual interests are consistent, with the primary purpose of entertaining and benefitting the general public. TERMINATION This agreement shall terminate upon any of the following events: Land Use Agreement /Page 3. C 0 O p 018 1. Lessor notifies Lessee not less than thirty days in advance that Lessee must vacate the premises due to supervening governmental necessity which is beyond Lessor's discretionary control. 2. Lessee notifies Lessor of its intention to abandon the flying site in not less than thirty days. 3. The expiration of the lease term as previously set in Term of Use provisions. RENEWAL This agreement shall be renewable every two years upon the mutual consent of both parties, neither party having the right to renew without the other party's consent. However, Lessor shall, in good faith, take into consideration the amount of investment , benefit of Lessee remaining on site when determining whether or not to allow renewal. LAW OF FORUM Should there by any disagreement or need to further define or clarify this agreement, the law of the State of Texas shall apply. AMENDMENT Any change in this agreement shall be in writing. ACCEPTED: LA -7LJ. Agent for id County Municipal League Call Agent for Mid Count Radio Control Club Land Use Agreement /Page 4. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 14, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the January 24, 1994 meeting as written contingent upon changing the motion pertaining to the Public Hearing to read "accept the findings of the Public Hearing and the City Attorney's inter- pretation". All Voted Aye. ' ORDINANCES, Mayor LeBlanc presented a proclamation to Giacomo RESOLUTIONS & Figlia- Alongi, P.E. declaring February 20 -26, 1994 PROCLAMATIONS as "National Engineers Week" in Nederland, Texas. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve a proclamation declaring February 20 -26, 1994 as "National Engineers Week" in Nederland, Texas. All Voted Aye. EXECUTIVE An Executive Session was called to order by Mayor SESSION LeBlanc at 6:05 p.m. as authorized by Texas Govern- ment Code, Chapter 551.071 for the purpose of receiving an update relative to pending litigation with DuPont Beaumont Works. The Executive Session was adjourned at 6:54 p.m. by Mayor LeBlanc. Mayor LeBlanc announced that the update was for informational purposes only and that no action was necessary. WATER PLANT Billy Sims, KSA Engineers, presented the Council with an updated schedule for the Water Treatment Plant construction. Mr. Sims suggested that we authorize advertisement for bids at the next regular Council Meeting with bid opening approximately ten days prior to the April 11th 020 Minutes continued, February 14, 1994 WATER PLANT meeting. He anticipates awarding the contract during the April 11th meeting. Mr. Sims added that construction could begin by May 9, 1994 with completion in July, 1995. Mayor LeBlanc announced that this item was for informational purposes only and that no action was necessary. FINANCE - A motion was made by Mayor LeBlanc and seconded by BUDGET Councilman Doornbos to approve two amendments to the 1993 -94 budget - in Water & Sewer Distribution Department transfer $1,000 from the Water Distribution Lines account, with $300 being placed in Supplies /Building & Grounds account and $700 in Wearing Apparel account; and, in the Fire Department transfer $800 from the Medical Services account to the Building, Fixtures & Grounds account. All Voted Aye. CONFERENCES A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize the Mayor, City Council, Police and Fire Chiefs, and the Emergency Management Coordinator to attend the Emergency Management Conference in Austin, Texas, February I 22 -24, 1994. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize the Personnel Director to attend the Human Resource Management Institute in Austin, Texas February 28- March 1, 1994. All Voted Aye. ELECTION A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the "Order Calling Election" providing for an election to be held May 7, 1994 for the purpose of electing a Mayor and two Councilmembers - one from Ward II and one from Ward IV. All Voted Aye. ORDINANCES, A motion was made by Councilman Paulus and seconded RESOLUTIONS & by Councilman Schroeter to approve Resolution 1994 - PROCLAMATIONS 03, authorizing the City Treasurer and City Manager (CONT.) to sign in order to release safekeeping receipts. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Resolution 1994 -02, appointing Mrs. Gladys Weaver, Election Judge, and Mrs. Winifred Morgan as Alternate Election Judge for the May 7, 1994 General Election. All Voted 021 Minutes continued, February 14, 1994 BIDS Bill Storey, City Manager, opened and read bids received for one self - propelled concrete saw and 1,000 tons of precoated aggregate. Bidders for the concrete saw were as follows: Burrus Lumber Company, Beaumont, TX - $7,250.00, Alternate Bid $4,495.00; The Plank Company, Beaumont, TX - $7,980.00; and, Prime Equipment, Nederland, TX - $6,550. Bidders for the precoated aggregate were as follows: Vulcan, San Antonio, TX - $11.00 /ton. Mayor LeBlanc instructed that the bids be referred to the City Manager and staff for tabulation and recommendation. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize payment of the bills for the month of January, 1994. All Voted Aye. COMMUNICATIONS Councilman Doornbos informed the City Manager that the City has recently been investigating the possibility of obtaining street sweeping services. ' He asked that Mr. Storey continue this effort. Mayor LeBlanc reported that he would like to declare a "Clean Up Nederland Day" in the near future in an effort to get citizens involved in beautifying our city. He would hope to get all citizens to clean the area in front of their own home. ADJOURN There being no further business, the meeting was adjourned at 7:45 p.m. by Mayor LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: d a LiDonna Floya, 'City Secretary City of Nederland, Texas 022 .: . .. ................ .. .... .. .... A.. .. ... .. ... t .. .• :.............::..: .:....4Y:w..t...: :: .. 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' .:R.�. .... ............................... .:....:. ... .: .:::::::.Yni YY `.r:::: ..:.t.:::....... .v.v.. � � "• ..... ............................... ..... ............................... ... .........v...un ............::::ai YOtc;'J:.::cYY.YrnYii v.Y:...::::.:: v, ... .. .. ... :::::::::.::::::.::.v.......... .....:,.::;:a•::.:.:: nv: nYYi YY:;v,:::v:: •::::•::,.S:ci;c; ..:::>:. :.: v....af•,,.:.: ...v; .:.v ?.:: `.:.: e.•.1,,..v.Y •, :...�',.: b: §i: \.:t .v..::. '•�`Y:aYY::4Yii':': rr:f.rrv:):: t;�:.�iY::::C ' y�... .: .:.nY;.:,.:.::o;:::::::.:::nu : no:oYYV ::............. ». :...: .:..Y.p::•YYCY'�i iFR:t: ... ... .. /, .. .... .......::::.:.:::::::: ri >:�iYYyi:Cii •!C::>:r ............ .Y: r:•;; .w: ..vn;:... .:{c; . Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman — Ward 1 Will E. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 Billy W. Doornbos Councilman — Ward 4 Bill Storey City Mana er ✓ L.aDonna Plod City Secretary Billy Neal Police Chief ✓ Kent Walston Personnel Director Steve Hamilton Director of Public Works Mike Lovelady Fire Chief James Byers Building Official Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer Bobby Kelly Parks Director W. E. Sanderson Cit Attorne ee';� /I. � Mayor CZ, 1q, qy Date 1 1 1 1 1 1= 5'FWNrvy�y�"k��1 :•"xp a 7c < :',,i<� ,.. l CITY OF NEDERLAND A PROCLAMATION „J 023 WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers have helped conquer many frontiers... in space, in the operating room, in factories, on the ocean floor and inside the earth; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; NOW, THEREFORE, I, Carl N. "Cropo" LeBlanc, Mayor, do hereby proclaim February 20 through February 26, 1994 as "NATIONAL ENGINEERS WEEK" in the City of Nederland, Texas. In official recognition whereof, I hereby affix my signature this 10th day of February, 1994. ATTEST: L Donna Floyd, City Secretary City of Nederland, Texas Carl N. "Crop 6l' LeBlanc, Mayor City of Nederland, Texas ® 2 4 r:�rcoR9�i rrt 61ri d i.y see.ei.ry �tsiem S-k— 7.006. 93.010, 85.009. 95.007. r:1eefion code 9/91 ORDER OF ELECTION FOR MUNICIPALITIES An election is hereby ordered to be held on May 7. 1994 for the purpose of: (date) Electing a Mayor and two Councilmembers, one for Ward II and one for Ward IV C Op� Carly voting by personal appearance will be conducted each weekday at 1400 Boston Avenue , Nederland, Texas (location) Recommended but not required between the hours of 8: oo a.m. and 5:00 p.m. beginning on April 18, 1994 (date) and ending on May 3, 1994 (date) Applications for ballot by mail shall be mailed to: LaDonna Floyd (Name of rarly Voting Clerk) (Address) Nederland, Texas 77627 (City) (Zip Code) Applications for ballot by mail must be received no later than the close of business on April 15, 1994 (date) Issued this the 14 day of February 19 94 Signature of Mayor ni L11 ffil 02`5 CITY OF NEDERLAND OA RESOLUTION 1994 -03 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE CITY MANAGER AND CITY TREASURER TO SIGN ON TRANSACTIONS WITH THE FEDERAL RESERVE BANK OF DALLAS, TEXAS FOR THE PLEDGE AND RELEASE OF SAFEKEEPING RECEIPTS. WHEREAS, the City of Nederland is required to receive pledges with the Federal Reserve Bank of Dallas, as well as release pledges with the Federal Reserve Bank of Dallas. WHEREAS, this action is taken to insure the safety of City funds. NOW, THEREFORE, BE IT RESOLVED that the signatures written below are the persons who are authorized and empowered for an in the name and on behalf of this Governing Body, which is not in contravention of our by -laws, to sign in transactions with the Federal Reserve Bank of Dallas until said Federal Reserve Bank has received notice in writing that this authority as to any or all of the persons whose names appear on this card has been revoked. PASSED AND APPRO 'D by the City Council at its regular meeting on the _&_ day of _, 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: La onn F , lo ty Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. anderson, City Attorney City of Nederland, Texas Name Position Signature B. B. Storey City Manager Cheryl Dowden City Treasurer 020 COPY RESOLUTION 1994 -02 WHEREAS, Section 32.008 of the Texas Election Code, Order of Appointment, states that the appointment of election precinct judges must be made by written order; and WHEREAS, Section 87.002 of the Texas Election Code, Appointment of Judges of Early Voting Ballot Board and Central Counting Station, states that the appointment of a presiding judge for the board is appointed in the same manner as a precinct judge and the other members are appointed in the same manner as election clerks; and WHEREAS, Section 127.005 of the Texas Election Code 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, CARL N. LEBLANC, MAYOR, CITY OF NEDERLAND, TEXAS: Hereby appoint Gladys Weaver as the Election Precinct Judge and Presiding Judge for the Early Voting Ballot Board; Winifred Morgan as the Alternate Election Precinct Judge and Alternate Judge for the Early Voting Ballot Board; and, LaDonna Floyd to serve as Presiding Judge at the Central Counting Station for the City of Nederland General Election to be held Saturday, May 7, 1994. PASSED AND APPROVED at a regular meeting of t e City Council of the City of Nederland this the � day of , 1994. ATTEST: 41 D"o..a oyLd , w dC ity Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 1"i 1 1 027 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 28, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the February 14, 1994 meeting as written. All Voted Aye. ORDINANCES, Mayor LeBlanc presented a proclamation to Mr. Fred RESOLUTIONS & Ketchem, National Association of Purchasing Manage- ' PROCLAMATIONS ment- Sabine Neches, with a proclamation declaring the month of March as Purchasing Month. A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve a proclamation declaring the month of March as "Purchasing Month" in Nederland, Texas. All Voted Aye. FINANCE - A motion was made by Mayor LeBlanc and seconded by BUDGET Councilman Moss to approve an amendment to the 1993 -1994 budget by increasing the traffic lights line item in the amount of $1,500.00 and decreasing the signal systems line item in the amount of $500.00 and decreasing the oil and gas line item in the amount of $1,000.00 for the purpose of funding the replacement of an old mechanical traffic signal that failed. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to accept the water, sewer, and drainage improvements in Highland Place Subdivision (South 6th Street). All Voted Aye. 1 Minutes continued, February 28, 1994 BIDS A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize advertisement of bids for the construction of a Water Treatment Plant to be received March 31, 1994 at 11 :00 a.m. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to award bids received for one concrete saw to Prime Equipment in the amount of $6,550.00; and, 1,000 tons of precoated aggregate to Vulcan Materials in the amount of $27,650.00. All Voted Aye. FINANCE - Mrs. Audrey Wheeler, C.P.A., presented to the AUDIT Council the 1993 Audit. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to accept the 1992 -1993 audit as presented by Mrs. Audrey Wheeler, C.P.A. All Voted Aye. COMMUNICATIONS Bill Storey, City Manager, explained to the Council that the recent discoloration of the city's water was due to some chemicals being used. He added that the chemicals have been replaced and the problem should be clearing up. Mr. Storey asked the Council for a suggested date to conduct a city wide clean -up day at which time we will ask all citizens to participate. He stated that we may be picking up trash for two weekends during this effort. Mr. Storey also asked each Councilmember to appoint a citizen to work with the City Manager on making suggestions for proposed projects. Mr. Storey reported that he will be reviewing the City's garbage and trash ordinance, purchasing policy, procedures for citizens appearing before Council, the Knox Box ordinance, and contracts. Mr. Storey stated that he will be visiting with the field employees at least once a month. He added that an employee will have the opportunity to be City Manager for a day. They will be given problems to solve, citizens to talk to, and visit with each department head. He said this will probably be held on a Monday. Minutes continued, February 28, 1994 ADJOURN There being no further business, the meeting was adjourned at 6:30 p.m. by Mayor LeBlanc. air'( h - "a Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: n C�&d Labofina Floyd, dity Secretary City of Nederland, Texas 1 1 02 030 .. :; 1 �y „• ...� A.vI�:::.::::.....v ............ ::................ ,..............nv < t.::0: \::::ii:: ?:v:Y..i:i : v nii:it:;•:: ?v. ...:......f ... .. yj' .... ... ... .. ... .............. ............................... ...:...:...:. v::•..,:•.,>........... vn.............. ..1.v..:..b:ttar::.: ».f::cs;•..v :,: ;::::::nv:::t:: �:..: •: ,v::: n. :if :..: ....... ....tt::::....,..:y::.:........ :. ::.... :... :.::...:.:.:.:;r'; �:;; .::: •.:.....::.:.::::::::::::.�:.,: ..,:.::..:::..� .:.:..:::.:::.:::.:: .::::: v::::::::.:::::: «::::::.::::.::.:::: �:::jj;;;: >: tf•: Cis: c't: '�'r ...:..:.:..::............ ..........................:.:..:: t: C: t^::: Ci?: niiiiiiiiiii:;.. i:. ii; ci... ...........n........,.......... ` :��%{: %.. ;:}; t.:{ 1i�`: :: %: ?'i`t +��:::';: { <'ii;.` *:';y :: yi,•.kii'i;`;..:::i: %:9'::i:��t :u:+f: ^if: "t7v::: ^:.: p }.:£a:£ " ?`.::: Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward 1 Will E. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager ✓ LaDonna Floyd City Secretar ✓ Billy Neal Police Chief ✓ Kent Walston Personnel Director ✓ Steve Hamilton Director of Public Works ✓ Mike Lovelady Fire Chief ✓ James Byers Building Official Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director ✓ W. B. Sanderson I City Attorneyl✓ Mn�or resbc A.� c�. a�? -gg Date i� 1 1 1 1 CITY OF NEDERLAND A PROCLAMATION 031 WHEREAS, the National Association of Purchasing Management provide the common ground on which dedicated and ambitious purchasing professionals can work together to improve their standards and performance; and WHEREAS, the National Association of Purchasing Management Sabine - Neches was founded in 1918, and is a not - for - profit organization that stresses professional development by teaching individuals how to increase their organization's bottom line; and WHEREAS, the primary objective of the National Association of Purchasing Management- Sabine Neches is the professional development of its members; and WHEREAS, NAPM is dedicated to helping you do your job better and to advancing your career, through contact with others in the field, through educational programs and through the dissemination of valuable information; and WHEREAS, the NAPM produces the National Report on Business, monthly economic report with National and International recognition; and WHEREAS, the NAPM- Sabine Neches will hold its Dinner Meeting at the Beaumont Hilton on the third Thursday of each month. NOW, THEREFORE, I, Carl N. "Cropo" LeBlanc, Mayor of the City of Nederland, do hereby proclaim March 1994 to be "PURCHASING MONTH" in Nederland, Texas, and urge all citizens to recognize this organization for the many contributions it has made to the purchasing industry. IN WITNESS WHEREOF, I hereunto set my hand and have caused the Seal of the City of Nederland to be affixed this 25th day of February, 1994. ATTEST: "!:c �A 11 `LaDonna Floyd, City Secretary City of Nederland, Texas Carl N. "Crop LeBlanc, Mayor City of Nederland, Texas 032 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 14, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the February 28, 1994 meeting as written. All Voted Aye. RESOLUTION A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Resolution 1994 -04, filing Chapter 42 against Gulf States Utilities , Company and calling for a Public Hearing to be held August 18, 1994 at 7.00 p.m. at the Beaumont Civic Center. All Voted Aye. APPOINTMENTS A motion was made by Councilman Paulus and seconded by Councilman Schroeter to appoint Lairson, Stephens & Reimer, P.C. as the City's auditing firm. All Voted Aye. CITY SERVICES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize reimbursement for utilities, not to exceed $2,000 each, for the Nederland Babe Ruth, Senior Babe Ruth, Nederland South Little League, and Girls' Softball League for the 1994 season (water, sewer, gas, lights, and garbage). All Voted Aye. CONTRACTS A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize the City of Nederland to join with the State of Texas and contract with Gas Card, Inc. for fleet fueling. All Voted Aye. Minutes continued, March 14, 1994 AGREEMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve an agreement between the City of Nederland and the Nederland Babe Ruth League for use of city property. All Voted Aye. ORDINANCES A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve Ordinance No. 1994 -01, ordering Gulf States Utilities Company to make a one -time refund, of its appropriate share, to ratepayers of the City of Nederland. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Ordinance No. 1994 -02, reclassifying three part -time positions to three full -time regular positions, and amending the 1993- 94 fiscal budget to accommodate the reclass- ifications. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve Ordinance No. 1994 -03, creating a part -time position within the department of City Manager and amending the 1993 -94 budget to accommodate this part -time position. All Voted Aye. CITY EQUIPMENT A motion was made by Councilman Doornbos and SURPLUS seconded by Councilman Paulus to authorize the sale of City of Nederland surplus equipment. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize advertisement of bids to be received April 7, 1994 for 7,000 tons of limestone base, 64,000 gallons of high float anionic emulsion, and 22,000 gallons of anionic emulsion for the Public Works Department for road building materials. All Voted Aye. EXECUTIVE An Executive Session was called to order at 6:27 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas Government Code, Chapter 551.071, for the purpose of receiving information relative to pending litigation with DuPont - Beaumont Works; and, Chapter 551.072, to discuss possible acquisition of park property and others. RECONVENE The Executive Session was adjourned and the regular meeting was reconvened at 7:32 p.m. by Mayor LeBlanc. 033 034 Minutes continued, March 14, 1994 RECONVENE Mayor LeBlanc announced that the Executive Session (CONT.) was held for informational purposes only and that no action was necessary. COMMUNICATION Bill Storey, City Manager, informed the Council that the City has been preparing for this week's Heritage Festival. He added that the work force from the Stiles Unit have been painting the curbs downtown and cleaning the grounds around the Pavilion and Windmill. They have offered their services to the City year round. Mr. Storey also stated that the City has been repairing various water and sewer lines throughout the city and have been unable to do proper clean -up to yards and driveways. He added that we will begin restoring damaged areas to their original forms. The crews will be instructed to notify the citizens when they will be returning to do the necessary work. The City Manager reported that he and the Public Works Director will be in Austin, Tuesday, March 15th, to meet with the TWC and TNRCC to discuss the City of Nederland's water and sewer problems. ADJOURN RN There being no further business, the meeting was adjourned at 7:38 p.m. by Mayor LeBlanc. ATTEST: LLaDonna Floya, ity Secretary City of Nederland, Texas Lldh, Carl N. LeBlanc, Mayor City of Nederland, Texas I X35 M. :::.:::.:........ r:. y :#111s: . .. .............................:. .. v.............,. �a:. r.:. r:,.:..:rr:.r:a,.::,y::.:rrrrt: tn.� �...� ,ar..t:..:. :.rat �'•�yy yy'��pp/'+�Yy �.r�4.r,.r.:z't.;: %'; 'r::i;'::�:i ttRr: :.2.. y:�. ,::.: rrrr! o: ta:: r::?<• rk: ::k:<:kr:.rrr:.r:.r:arrr:.;.:ir :.:,.r .: ., k:::::t:k: >,:. .. .: .:. .. ... :.. ......f ......:::..... ,.,......fin. a:::.. "tr'M:f ... ... .. .... .. .:....r ............ ..:::.:::.r::: .., tr:: •:::::::. ..>.::a. :.,..... v. R.r:d:: ..,.. .vY:, ,�::3r� aYtr� <Rv ::.'i'nt:'�: .: ... ... :.: .. .. .. .... -(... ♦ ... ........ ..... n..:................::... n....... R...... ......n.........,...........:3. rat.::::.' va` A;...v. v ... \.:: >.:`:4v',t..:;:rn:.kYt,: ..: a. a::,++:: v.:.'.r;.: .v v . .. ... .::. .. 1 :;I1.��..- .E::#.�..�.��. s�^ -+.. .p. �^e.: �.+ .........:...... ...........:...:.::::.:::..:..:•. a::: r:: a: r:: r:.. ::.....aa:...:.:::.,a:aE.,r..:: .::.�:,.. a,...:ka., t:.:.... �: ,,.,��Fa2. axa>tr Y<: �;;:r.; `: ^,`:iari; ........__._......_ ................._....:#: �rAM.: �,, 4.: �: �F, �#. a...:::::, x.:..:::.:,:::: y::..:::,..,:::,:::::::::::::. :�::,.r:::::.,.:::..:::::::.::: Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward ] ✓ Will E. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager ✓ LaDonna Floyd City Secretar ✓ Bill Neal Police Chief Kent Walston Personnel Director ✓ Steve Hamilton Director of Public Works �✓ Mike Lovelady Fire Chief James Byers Building Official ✓ Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer Bobby Kelly Parks Director W. E. Sanderson City Attorne ✓ Mayor ,3 —/Y- 9y Date 036 Co?l RESOLUTION 1994 -04 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS DIRECTING GULF STATES UTILITIES COMPANY TO FILE CERTAIN INFORMATION WITH THE CITY OF NEDERLAND; SETTING A TEST YEAR TO BE USED BY GULF STATES UTILITIES COMPANY IN ITS FILING; SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF NECESSARY INFORMATION IN CONNECTION THEREWITH; SETTING DATES FOR THE FILING OF THE CITY'S ANALYSIS OF THE COMPANY'S FILING AND THE COMPANY'S REBUTTAL TO SUCH ANALYSIS; AND SETTING A PUBLIC HEARING FOR THE PURPOSES OF DETERMINING IF THE EXISTING RATES OF GULF STATES UTILITIES COMPANY ARE UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY PROVISION OF LAW AND THE DETERMINATION BY THE CITY OF NEDERLAND OF JUST AND REASONABLE RATES TO BE CHARGED BY GULF STATES UTILITIES COMPANY. WHEREAS, the City of Nederland is a regulatory authority under the Public Utility Regulatory Act and has original jurisdiction over the rates of Gulf States Utilities Company to determine if such rates are fair, just and reasonable, and WHEREAS, preliminary information indicates that a further investigation and review of the rates of Gulf States Utilities Company should be conducted to determine if such rates are fair, just and reasonable, and WHEREAS, a procedural schedule should be established for filing of certain information by the Company, procedures to be followed to obtain and review information by the City, the filing of rebuttal information from the Company, and a public hearing at which time the City shall make a determination if the existing rates of Gulf States Utilities Company are unreasonable or are in any way in violation of any provision of law and if such rates should be revised and just and reasonable rates determined for Gulf States Utilities Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. On or before June 1, 1994, Gulf States Utilities Company shall file, with the City of Nederland, Schedules A, B, C, D, E, F, G, H, I, K, O and S of the Rate Filing Package of the Public Utility Commission of Texas, based on a test year ended December 31, 1993, along with all associated workpapers. Such filing is the same information required under the Stipulation and Agreement in Docket No. 11292, Application of Entergy Corporation and Gulf States Utilities Company for Sale, Transfer, or Merger. Testimony need not be prepared, but a narrative description shall be provided sufficient to describe such information and costs shall be allocated to customer classes. 2. City's representatives shall have the right to obtain additional information from the Company through the filing of requests for information, which shall be responded to within ten (10) days from the receipt of such request for information. 3. The City, or its designated representatives, shall file their analysis of the Company's filing and information gathered on or before August 2, 1994. 4. The Company shall file any rebuttal to the analysis of the City or its designated representatives on or before August 12, 1994. 5. A public hearing shall be conducted by the City Council of the City of Nederland on August 18, 1994, at 7:00 p.m., at the Beaumont Civic Center. At such public hearing, a determination of the reasonableness of the existing rates of the Gulf States Utilities Company shall be made by the City Council of the City of Nederland and, if necessary, just and reasonable rates shall be determined to be observed and enforced for all services of Gulf States Utilities Company within the City of Nederland, Texas, effective from March 31, 1994. Such public hearing may be conducted in conjunction with public hearings conducted by other municipalities served by Gulf States Utilities Company to be held at Beaumont Civic Center, Beaumont, Texas, August 18, 1994 at 7:00 p.m. 6. This resolution shall be served on GSU by First Class U.S. Mail to Cecil Johnson, Vice President - Legal Services, Gulf States Utilities Company, P. O. Box 2951, Beaumont, Texas 77704. 7. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required. a. This resolution shall become effective from and after its passage and the rates ordered to be put into effect by City Council action shall be effective from March 31, 194. Paragraph 11 of GSU's Stipulation and Agreement approved by the Public Utility Commission of Texas in Docket No. 11292, Application of Entergy Corporation and Gulf States Utilities Company for Sale, Transfer or Merger, provides that rates adopted pursuant to a §42 complaint shall be effective from the date of the initiation of that §42. 9. The City Council may, from time to time, amend this procedural schedule and enter additional orders as may be necessary in the public interest and to enforce the provisions hereof. ADOPTED this the _/q day of 7 l / , 1994. 0/� Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: QTY ,�'111�.YJ� La onna Floyd; C ty Secretary City of Nederland, -Texas THE STATE OF TEXAS § Cc' COUNTY OF JEFFERSON § This agreement is made by and between the City of Nederland, acting through its City Council, hereinafter called City, and the Nederland Babe Ruth League, a Texas non - profit corporation, acting herein through its duly authorized officers, hereinafter called League, relative to the use of a specified area of a city park located on the south side of Park Drive between Hill Terrace and South 36th Street, Nederland, Texas, for construction and operation of a baseball field, including permanent stands and automobile parking space. I. NATURE OF AGREEMENT A. Inasmuch as it is recognized by both parties to this agreement that the City has no authority under the law to place exclusive control of public park property to anyone other than the City, this agreement shall not be construed as giving such control to the League. B. The City agrees to allow the League to construct and maintain a baseball field in the park located at the above mentioned site. Approval must be obtained from the City Manager before any facilities are constructed or altered by the League. This does not apply to maintenance of facilities. C. Inasmuch as the facilities are on public property, the League agrees to permit the public to use the field and stands at any time that they are not being used by the League. 1. 039 II. DURATION OF AGREEMENT This agreement shall be in force for a period of one year from date hereof and shall be automatically renewed each year until terminated as provided herein. III. TERMINATION OF AGREEMENT A. This agreement may be terminated by either party giving thirty (30) days written notice to the other party of its desire to terminate said agreement, or said agreement may be terminated at any time by mutual agreement of the parties. B. In the event that the City believes that the League has violated the terms of this agreement, it shall give the League an opportunity to appear before it to answer such charges. If the City then decides that the violation has occurred and that it justifies such action, it may declare the agreement terminated. C. In the event of terminations, the League has the right to remove, transfer, or otherwise dispose of all facilities which it has constructed exclusively with its own funds, including such fixed installations as a clubhouse, stands, fences, backstop, etc; however, no fixed facilities shall be removed by the League within one year after terminations date, during which time the City will have an opportunity to negotiate with the League for purchase of such facilities if it so desires. 00 2. � P- �� IV. REVISIONS OF AGREEMENT This agreement may be revised or amended at a joint meeting of the City Council of the City of Nederland and the Board of Directors of Nederland Babe Ruth League, by a majority vote of each party. V. DISPOSITION OF INCOME The managing personnel of the League specifically reserves the right to hold in separate account all income from incidental activities such as advertising, operation of a concession stand, sale of programs, etc. VI. MAINTENANCE OF NON - PROFIT STATUS ' A. All activities relative to the League operations on said park area shall be conducted in strict compliance to non- profit status of the League. B. Violation of this clause by the League shall be sufficient for termination of this agreement. VII. MAINTENANCE OF PARK SITE A. The League agrees to maintain in an orderly manner all grounds covered hereby, such as cutting the grass and keeping the grounds in a tidy condition. B. The League agrees to and hereby does indemnify and save harmless the City from any and all liability resulting in the injury of players, or any other persons, damage to property, or any other claim for damages, as a result of its use of said property. 3. 041 VIII. PUBLIC LIABILITY INSURANCE The League agrees to procure and maintain in force during the term of this lease and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims through public use or arising out of accidents or injuries occurring in or around the described premises, in a minimum amount of $100,000.00 for each person injured, $300,000.00 for any one accident, and $100,000.00 for property damage. Such insurance policies shall provide coverage for Lessor's contingent liability on such claims or losses. The policies shall be delivered to the City Manager for keeping. The League agrees to obtain a written agreement from the insurers to notify the City in writing at least 30 days prior to cancellation or refusal to renew any such policies. The League agrees that if such insurance policies are not kept in force during the entire term of this agreement and any extension thereof, the City may procure the necessary insurance, pay the premium therefore, and such premium shall be repaid to the City the next month following the date on which such premiums are paid. IX. FINAL AGREEMENT This agreement supersedes all previous agreements between the City and the League. 4. © Q p EXECUTED IN DUPLICATE originals by the duly authorized officers of the City of Nederland and Nederland Babe Ruth League this the /`1 day of &A _ _, 1994. 0111 SX9 l �, Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, tity Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas Jerry Junot, President Nederland Babe Ruth League Secretary Nederland Babe Ruth League 5. ii 043 CITY OF NEDERLAND O ORDINANCE NO. 1994 -01 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS V ORDERING A ONE -TIME REFUND OF ITS APPROPRIATE SHARE TO RATEPAYERS' BILLS; ORDERING THAT THIS ORDINANCE BE SERVED ON GULF STATES UTILITIES COMPANY; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE. WHEREAS, Gulf States Utilities ( "GSU") and certain other parties thereto have settled the appeal of Docket 8702, GSU's 1991 rate case; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: PART 1. It is hereby ordered that ratepayers within the City receive a one -time refund in the amount of $2.96 million related to settlement of the appeal of Docket 8702 on a Texas retail systemwide basis as a separate line item credit which, to the extent possible, shall be applied to and reflected on all bills rendered to existing ratepayers during the billing month of December 1993. Such refund shall be allocated as agreed by GSU and the other parties thereto. ' PART 2. This Ordinance shall be served on GSU by U.S. mail to Cecil Johnson, Vice President - Legal Services, P 0 Box 2951, Seaumont TX 77704. PART 3. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of GSU. PART 4. All Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED FINALLY ON THIS /y day of tu'CA , 1994. 04,t� � - Zx4"" Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: L Donna Floyd, City Secretary City of Nederland, Texas APP�RO /VED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 044 OCITY OF NEDERLAND O ORDINANCE NO. 94 -2 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS \\ J7 RECLASSIFYING PAUL PRICE, PART -TIME LABORER, - �/ JOHN SHORT, PART -TIME LABORER, AND PAIGE SHELTON, PART -TIME CLERK TO FULL TIME REGULAR EMPLOYEES. WHEREAS, pursuant to Section 5.03 of the City Charter, except as otherwise expressly or impliedly provided in the City Charter or by state law, all city employees and directors of all departments are under the jurisdiction of the City Manager; and , WHEREAS, pursuant to Section 4.O1a of the City Charter the directors of the Department of the City Secretary, Police Department, Fire Department, Finance Department, City Judge, and City Attorney are directly appointed by the City Council and pursuant to Section 4.02 may only be removed by the affirmative vote of three members of the City Council. WHEREAS, pursuant to Article IV Section 3a of the Personnel Policy of the City of Nederland, the City Manager has authority to reclassify employees under the jurisdiction of the City Manager; and, WHEREAS, pursuant to said Article the City Manager has ' heretofore reclassified employees under his jurisdiction when reclassification was justified; and, WHEREAS, there are compelling reasons justifying the City Manager to reclassify Paul Price, Part -time Laborer, John Short, Part -time Laborer, and Paige Shelton, Part -time Clerk; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND; Section 1. Effective this date Paul Price, Part -time Laborer, is hereby classified as Range 1, Step 1 in accordance with the Wage Scale dated April 1, 1994. Section 2. Effective this date John Short, Part -time Laborer, is hereby classified as Range 1, Step 1 in accordance with the Wage Scale dated April 1, 1994. Section 3. Effective this date Paige Shelton, Part -time Clerk, is hereby classified as Range 3, Step 1 in accordance with the Wage Scale dated April 1, 1994. Section 4. Funding being made available for the aforementioned reclassification by: a. Transferring $316.70 from 01- 31- 00- 6111(Street Dept. Overtime) to 01-32-00-6110 (City Shop Salaries); $25.43 from 01-31-00-6111 (Street Dept. Overtime) to 01-32-00 - 6128(City Shop Workers' Compensation) $24.23 from 01-31 - 00-6111(Street Dept. Overtime) to 01 -32 -00 -6126 (City Shop Social Security); $500.00 from 01-31-00-6258 (Street Dept. Motor Vehicle Supplies) to 01-32-00-6124 (City Shop TMRS); and $493.26 from 01 -32 -00 -6111 to 01-32-00 - 6124(City Shop TMRS). b. Transferring $7,000.00 from 50- 61- 00- 6275(Water Meter & Boxes) to 50- 61- 00- 6110(Billing /Collection Salaries); 1 1 i $918.40 from 50- 61- 00- 6358(Billing /Collection Water Meters) to 50- 61- 00- 6110(Billing /Collection Salaries); $761.75 from 50- 61- 00- 6358(Billing /Collection Water Meters) to 50- 61- 00- 6128(Billing /Collection Workers' Comp.); $319.85 from 50- 61- 00- 6358(Billing /Collection Water Meters) to 50- 61- 00- 6126(Billing /Collection Social Security) ; $285.91 from 50-61-00-6115 (Billing/Collection Extra Help) to 50- 61- 00- 6126(Billing /Collection Social Security); $814.09 50- 61- 00- 6115(Billing /Collection Extra Help) to 50- 61- 00- 6124(Billing /Collection TMRS); and $254.89 form 50- 61- 00- 6111(Billing /Collection Overtime) to 50- 61- 00- 6124(Billing /Collection TMRS). C. Transferring all funds from 01-21-00-6115 (Police Dept. Extra Help) to 01- 21- 00- 6110(Police Dept. Salaries). Section 5. Effective this date all part -time positions referred to herein will be deleted. Section 6. Since the reclassifications by the City Manager are not part of the Code of Ordinances, this ordinance shall not be codified but the City Secretary shall furnish a certified copy of this ordinance to the Director of Personnel. PASSED FINALLY ON THIS 141 - day of 6ur� , 1994. ATTEST: ..rmr,r► 1)&p( LaDOnna Floyd, City Secretary City of Nederland, Texas APPROV$D TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas Carl N. "CropoY LeBlanc, Mayor City of Nederland, Texas �op� 045 046 CPQ`� CITY OF NEDERLAND ORDINANCE NO. 94 -03 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS ESTABLISHING A PART -TIME POSITION WITHIN THE DEPARTMENT OF THE CITY MANAGER. WHEREAS, pursuant to Section 5.03 of the City Charter, except as otherwise expressly or impliedly provided in the City Charter or by state law, all city employees and directors of all departments are under the jurisdiction of the City Manager; and , WHEREAS, pursuant to Section 4.O1a of the City Charter the directors of the Department of the City Secretary, Police Department, Fire Department, Finance Department, City Judge, and City Attorney are directly appointed by the City Council and pursuant to Section 4.02 may only be removed by the affirmative vote of three members of the City Council. WHEREAS, pursuant to Article IV Section 3a of the Personnel Policy of the City of Nederland, the City Manager has authority to create new positions or reclassify existing ones under the jurisdiction of the City Manager; and, WHEREAS, pursuant to said Article the City Manager has heretofore created a part -time position and that said position was under his jurisdiction when it was justified; and, WHEREAS, there are compelling reasons justifying the City Manager to create a part -time position; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND; Section 1. Effective this date a Part -Time clerical position has been created within the Department of the City Manager. This position is hereby classified Part -Time and will be paid $4.50 per hour. Section 2. Funding being made available for the aforementioned part -time position by transferring $3,721.32 from 01-13-00-6124 (City Manager TMRS) to 01-13-00-6115 (City Manager Extra Help); $886.68 from 01- 13- 00- 6121(City Manager Group Insurance) to 01- 13- 00- 6115(City Manager Extra Help); $29.49 from 01- 13- 00- 6121(City Manager Group Insurance) to 01- 13- 00- 6128(City Manager Workers' Comp.); $352.51 from 01-13-00-6121 (City Manager Group Insurance) to 01- 13- 00- 6126(City Manager Social Security). Section 5. Since the creation of this Part -Time position by the City Manager is not part of the Code of Ordinances, this ordinance shall not be codified but the City Secretary shall furnish a certified copy of this ordinance to the Director of Personnel. PASSED FINALLY ON THIS _Iq_ day of YJLIAth , 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas 1 1 1 ATTEST: gonna Floyd, `City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: _�-� k W. E. Sanderson, City Attorney City of Nederland, Texas 1 �Oq� 047 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 28, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the March 14, 1994 meeting as written. All Voted Aye. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve an Amendment to Ordinance No. 333, fire prevention ordinance. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve payment to KSA Engineers, Inc. in the amount of $5,280.00 for engineering services during the design phase of the Water Treatment Plant. All Voted Aye. AGREEMENTS A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve an Interlocal Agreement for cooperation and joint sponsorship of a Regional Water Study for portions of Jefferson and Hardin counties. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by (CONT.) Councilman Paulus to authorize payment of the bills for the month of February, 1994. All Voted Aye. EXECUTIVE At 6:12 p.m. Mayor LeBlanc announced that the City SESSION Council will convene into an Executive Session for the purpose of discussing possible litigation as authorized by Texas Government Code, Chapter 551.071; and, for discussing possible land acquisition as authorized by Chapter 551.072. Minutes continued, March 28, 1994 RECONVENE The regular meeting was reconvened at 7:44 p.m. by Mayor LeBlanc. Mayor LeBlanc announced that the discussion on possible litigation was held for informational purposes only. A motion was made by Councilman Schroeter and seconded by Councilman Moss to direct the City Attorney to review the status of property located on Gage which the City had donated to the P.A.T.C.H. organization. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned at 7:50 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, tity Secretary City of Nederland, Texas r 0491 Mayor 'ity gecretary 13 -9y Date 1 1 �r+.: .,::.. ,.n.. ..n.. ..n ..v:•::'+'..,}•,. ..; .vii',.:. n: n. . :: \:t^�'.�•Ci + <:�vU�v�' ........... . a a4: o?a jin±3 %:�:..',+•?`:,;:,Y+}es£% q}N .}.�„ .W:k�.?�k: ;a+d.•JMIr'?'.v' ::�Q.��.. :T \y�.: ..},yn'jy:. "Ct:`:jo .i •.%.+ ,:•��:.,' }:,:ii ?:J:: }:2. ?;: .(.:. ' }......n, :'. , _; ,?S.S. t,t++.2y .: A ,k:;..a3? .. } <�*� ..£}':.:/•$. '.:f 1,�t ,J;�+:`N�'t^} .::0�: :: $�' .: is y°,v'. ?i. +��d+�'•:. �. v$'�n• :(:':. :•env .'�",'�: its Name Title Present Absent Carl N. LeBlanc Mayor t/ Melvin L. Moss Councilman — Ward 1 ✓ Will D. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager LaDonna Floyd City Secretary t✓ Billy Neal Police Chief ✓ Kent Walston Personnel Director ✓ Steve Hamilton Director of Public Works ✓ Mike Love]ady Fire Chief ✓ James Byers Building Official Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director ✓ W. E. Sanderson City Attorney ✓ Mayor 'ity gecretary 13 -9y Date 1 1 051 AMENDMENT TO STANDARD FIRE PREVENTION CODE 00, ORDINANCE NO. 333 Jf�� AN ORDINANCE SETTING FORTH RULES AND REGULATIONS TO IMPROVE PUBLIC SAFETY BY PROMOTING THE CONTROL OF FIRE HAZARDS; REGU- LATING THE INSTALLATION OF RAPID ACCESS EQUIPMENT IN CERTAIN BUILDINGS AND SECURED AREAS IN THE CITY OF NEDERLAND, TEXAS; ESTABLISHING THE RESPONSIBILITIES AND PROCEDURES FOR ENFORCE- MENT; SETTING FORTH STANDARDS FOR COMPLIANCE.; PROVIDING PENAL- TIES 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, TEXAS: SECTION 1 That the 1991 edition of the Standard Fire Prevention Code and the 1992 revisions promulgated by the Southern Code Congress International, Inc. save and except such portions as are hereinafter amended and the same is hereby adopted and incorporated as fully herein and from the date in which this ordinance shall take effect, the provisions thereof shall be controlling fire prevention and protection within the corporate limits of the City of Nederland, Texas. CHAPTER 6 Section 602.7 Access to interior of certain buildings. Section 602.8 Access to secured areas. AMENDMENT The following amendment to the Standard Fire Prevention Code adopted herein are hereby made and adopted, such amendment being set forth herein, being identified by and prefaced by appropriate section number of the Standard Fire Prevention Code: CHAPTER 6 That Chapter 6 of the Standard Fire Prevention Code is hereby amended by the addition of Section 602 to read as follows: Section 602.6.7, MASTER KEY LOCK BOXES - BUILDINGS: 602.6.1 A. All new buildings regardless of use or occupancy, except for residential dwellings under four units, shall have a master key lock box system installed at a location approved on the building approved by the Fire Official. 602.6.3 B. A master key lock box system shall contain: 1. Keys to locked points of ingress whether on interior or exterior of such buildings. 2. The keys to locked mechanical rooms. 3. The keys to locked electrical rooms. 4. The keys to elevator controls. 5. The keys to other areas as directed by the Fire Official. 0a2 PASSED AND APPROVED by the C Council of Nederland, Texas this the 02P day of /I , A.D., 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: I9, L ,, l aDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: vz. �� W. E. Sanderson, City Attorney City of Nederland, Texas Coill 1 1 Ul 053 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 11, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the March 28, 1994 meeting as written. All Voted Aye. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to appoint David J. Waxman as the planning consultant for grants for the City of Nederland. All Voted Aye. CONTRACTS AND A motion was made by Mayor LeBlanc and seconded by AGREEMENTS Councilman Schroeter to authorize the Texas Municipal League Group Benefits Risk Pool to manage COBRA benefits for the City of Nederland. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to table approving the renewal of the water supply contract with the Lower Neches Valley Authority and a right -of -way agreement between the City of Nederland and the L.N.V.A. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the renewal of an agreement between the City of Nederland and the Mid County Pop Warner Jr. Football League for use of city property. All Voted Aye. A motion was made by Councilman Moss and seconded by Mayor LeBlanc to approve an amendment to the agreement between the City of Nederland, Hillcrest Baptist Church, and Nederland South Little League. All Voted Aye. 054 Minutes continued, April 11, 1994 TAXES - A motion was made by Councilman Doornbos and GENERAL seconded by Councilman Schroeter to waive the penalty and interest on a delinquent tax account which was verified by Nick Lampson, Jefferson County Tax Assessor - Collector. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to award bids received for road building materials as follows: limestone base to Transit Mix, Beaumont, TX - $99,750.00; anionic emulsion RS -2 to Koch Materials, Port Neches, TX - $14,520.00; and, high float anionic emulsion AES- 300 to Koch Materials, Port Neches, TX - $45,440.00. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Paulus to authorize payment of the bills for the month of March, 1994. All Voted Aye. COMMUNICATION Bill Storey, City Manager, informed the Council that we would not be awarding the bid for the Water Treatment Plant at this time due to the engineers request for additional time to review the bids. Mr. Storey added that the bids received were higher than anticipated and the engineers would like to determine the reason. ADJOURN There being no further business, the meeting was adjourned at 6:50 p.m. by Mayor LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: r)i("n Q 4r LaDonna Floyd, City Secretary City of Nederland, Texas 1 055 Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman — Ward 1 Will B. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager I- aDonna Floyd Citv Secretar Billy Neal Police Chief ✓ Kent Walston Personnel Director ✓ Steve Hamilton Director of Public Works Mike Lovelady Fire Chief James Byers Building Official Brenda Warren Librarian Cheryl Dowden City Treasurer ✓ Bobbv Kellv Parks Director ✓ W. B. Sanderson Mayor Date COBRA ADMINISTRATION AGREEMENT WHEREAS, the undersigned Employer is an Employer Member of the Texas Municipal League Group Benefits Risk Pool (hereinafter referred to as the "Pool "); WHEREAS, the undersigned Employer sponsors an employee benefit plan; WHEREAS, the undersigned Employer is responsible for the administration of its employee benefit plan as the Plan Administrator; and WHEREAS, the undersigned Employer wants the Texas Municipal League Group Benefits Risk Pool to assist the Employer in complying with the requirements of COBRA. NOW THEREFORE, in consideration of the promises, mutual covenants and agreements contained herein, the undersigned Employer and the Pool agree as follows: Effective Date As of the first day of June 19 94 the Pool will commence COBRA administration for the undersigned Employer. H. Employer Duties 1. The undersigned Employer will notify the Pool's Contract/Administrative Procedures Analyst assigned to the Employer via FAX or Telephone (with a written follow -up) within one (1) business day of a qualifying event, as defined by the COBRA statute and its amendments, of a Covered Employee for which the Employer has immed� knowledge. Examples of this include termination; resignation; death; retirement if the employee does not enroll retiree coverage when offered under the Employer's benefit plan; reduction in hours (including reduction to zero hours) and absence from work for a no job related injury or illness after all earned sick leave, vacation leave and extended leave pursuant to an adopted policy which is on file with the Pool has been exhausted. 2. The undersigned Employer will distribute Attachment A, which advises each employee of their rights and responsibilities under COBRA. The Employer will certify through a letter to the Pool that the Attachment A was distributed to all Covered Employees as of the date the Pool commenced COBRA administration. 3. The undersigned Employer will distribute Attachment A to all employees who become covered by the Employer's benefit plan after the date the Pool commenced COBRA administration and include verification of the distribution with the enrollment card when it is submitted to the Pool. 4. The undersigned Employer will notify the Pool via FAX or Telephone (with a written follow -up) within one (1) business day of gaining knowledge that and employee has legally separated, divorced or a Covered Dependent is no longer eligible for coverage (e.g. a child, over age 19, who is no longer a full -time student enrolled for 12 or more credit hours). 5. The undersigned Employer will notify the Pool at least ten (10) business days prior to any open enrollment period. The notice to the Pool will include the dates of the open enrollment. 6. The undersigned Employer will immediately notify the Pool of any suspected claim, demand or suit arising from the administration of COBRA. Revised 2/94 1 057 COBRA AGREEMENT - Page 2 7. The undersigned Employer will indemnify and (told harmless the Pool and its officers, agents, employees and representatives from all suits, actions, losses, damages, claims or liability of any type, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees, resulting from the failure of the undersigned Employer to give any notice required by this Agreement. The undersigned Employer will fund this obligation out of current revenues in the year the obligation is determined or will levy a tax to fund the obligation if current revenues are insufficient. Ill. Pool Duties The Pool staff will monitor changes in COBRA and the case law which develops interpreting COBRA 2. The Pool will act within 14 days of the receipt of notices of qualifying events sent by the Employer. The Pool will provide the appropriate notification letters to the employee or their dependent(s) as required by COBRA. These letters may include any or all of the following: a. benefit availability - initial notice, enrollment card and cost; b. confirmation of enrollment and payment coupons C. notice of termination letters (1) failure to reply (2) failure to make initial payment (3) failure to make regular payment (4) end of eligibility (no longer qualified) (5) end of eligibility period ' e. open enrollment f. contribution change and revised payment coupons g. conversion to an individual policy h. Medicare eligibility i. verification of full -time student status j. verification of incapacitated child status 4. The Pool will provide the COBRA participant with ID cards, a benefit booklet, and other materials as the need may arise. 5. The Pool will maintain records that all required notifications were sent and copies are available to the Member upon request. G. The Pool will collect the required contributions. 7. The Pool will provide the Employer, for their review, with the text of the letter and notices to be used in administering this Agreement. The Pool maintains final authority over the text of these letter and notices. The Pool reserves unto itself the right to modify the letter and notices as may be required pursuant to COBRA, COBRA case law and to promote the efficient administration of the Agreement. Revised 2194 058 COBRA AGREEMENT - Pa The Pool will indemnify, defend, reimburse, and hold harmless the Employer and its employees from any and al, liabilities, claims, demands, or suits arising from or relating to the provision of COBRA administrative services unless those liabilities, claims, demands, or suits arise out of the Employer's failure to give any notice as required in Il, 1, 2, 3, 4, 5, and 6 of this Agreement. The Pool, upon notice by the Employer will immediately investigate, handle, respond to and defend any such claims, demand, or suits at its sole expense. If the liability, claim, demand, or suit is based on negligence, this contract of indemnity shall apply and the negligence of the Employee and the Pool will be on a percentage basis as in a pure comparative negligence situation under the law. IV. Notice Any notice to be given under this Agreement, other than those in It, 1, 2, 3, 4, and 5 of this Agreement, shall be deemed given and received on the first to occur of the following: (a) actual receipt by the party to be notified; or (b) five days after deposit of such notice in the U.S. Mail System if cent by Certified Mail, Return Receipt Requested, postage prepaid, and addressed to the party to be notified at the address of such party set forth below or as designated from time to time in writing by giving not less than ten days advance notice to the other party. The initial addresses for the Pool and Employer shall be as follows: FIi7C fi 61 a Executive Director City of Nederland Texas Municipal League Group Benefits Risk Pool 211 East Seventh Street, 11th Floor P 0 Box 967 Austin, Texas 78701 -3283 Nederland TX 77627 *AFTER APRIL 1994 THE POOL ADDRESS WILL CIiANGE TO: Executive Director Texas Municipal League Group Benefits Risk Pool Texas Municipal Center, Unit 1 1821 Rutherford Lane Austin, Texas 78754 Compensation The Employer will pay Lite Pool a one time fee of $50.00 for each employee or any dependent that enrolls for COBRA coverage. A family unit that enrolls together will pay only one $50.00 charge. Other special services which may be requested by the Employer but are not contained in this Agreement, will be billed at a mutually agreeable hourly rate. VI. Miscellaneous Provisions 1. This Agreement represents the complete understanding of the parties and may not be modified or amended without the written agreement of both parties. 2. The parties agree that venue for any dispute arising under the terms of this Agreement shall be in Austin, Travis . County, Texas. Revised 2/94 1 1 1 05�o COBRA AGREEMENT - Page 4 3. The parties agree that venue for any dispute arising out of the performance under their Agreement shall be in Austin, Travis County, Texas. 4. In performing the administrative services under this Agreement, the Pool may rely without qualification on the information provided by the Employer. 5. The Pool agrees to take over the remaining COBRA administration for any of the Employer's current COBRA participants, without Employer compensation, so long as the Employer furnishes the information necessary to effectuate the transfer. G. This Agreement is entire as to all of the performances to be rendered under it. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall be void and of no force and effect. 7. It is understood that the Pool will charge the COBRA participant the administration fce allowed by the COBRA statute. VII. Termination I. The term of this initial Agreement shall be from its effective date through September 30, 19 94 at 12:01 a.m. The Employer member may annually renew the Agreement for the subsequent twelve (12) month period (October 1 through September 30) by executing and returning the Pool's rerate notice and benefit selection for each year. 2. Either party may terminate this Agreement at anytime by giving the other party written notice at least thirty (30) days prior to the specified termination date. 3. This Agreement terminates, without fyrther notice, on the date the undersigned Employer is no longer an Employer Member of the Pool. 4. All records in possession of the Pool relating to COBRA administration at termination of the Agreement will be transferred to the Employer within five (5) business days. 5. Should this Agreement terminate for any reason it does not relieve either party of thier duties nor obligations during the period when this Agreement was in full force and effect. This Agreement is entered into for the Employer Member under authorization of City Council at a duly called meeting held on 4 -11 -94 by: 6 - � /�h� City of Nederland (Signature) (Employer Member) Mayor (Authorized Offical Title) This Agreement Entered Into and Accepted By: TEXAS MUNICIPAL LEAGUE GROUP BENEFITS RISK POOL BY: TITLE: Executive Director Revised 2/94 y-il- 9kl (Date) at Austin, Texas Date ,-Q 6:0 THE STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made by and between the City of Nederland, acting through its City Council, hereinafter called City, and the Mid County Pop Warner Jr. Football League, a Texas non - profit corporation, acting herein through its duly authorized officers, hereinafter called League, relative to the use of a specified area of a city park located on the north side of Avenue G between South 33rd Street and South 29th Street, Nederland, Texas, for operation of a football field. I. NATURE OF AGREEMENT A. Inasmuch as it is recognized by both parties to this agreement that the City has no authority under the law to place exclusive control of public park property to anyone other than the City, this agreement shall not be construed as giving such control to the League. B. The City agrees to allow the League to maintain a football field in the park located at the above mentioned site. Approval must be obtained from the City Manager before any facilities are constructed or altered by the League. This does not apply to maintenance of facilities. C. Inasmuch as the facilities are on public property, the League agrees to permit the public to use the facility at any time that they are not being used by the League. 1. J I 11 II. DURATION OF AGREEMENT This agreement shall be in force for a period of one year from date hereof and shall be automatically renewed each year until terminated as provided herein. III. TERMINATION OF AGREEMENT A. This agreement may be terminated by either party giving thirty (30) days written notice to the other party of its desire to terminate said agreement, or said agreement may be terminated at any time by mutual agreement of the parties. B. In the event that the City believes that the League has violated the terms of this agreement, it shall give the League an opportunity to appear before it to answer such charges. If the City then decides that the violation has occurred and that it justifies such action, it may declare the agreement terminated. C. In the event of terminations, the League has the right to remove, transfer, or otherwise dispose of all facilities which it has constructed exclusively with its own funds, including such fixed installations as a concession stand, stands, fences, etc; however, no fixed facilities shall be removed by the League within one year after terminations date, during which time the City will have an opportunity to negotiate with the League for purchase of such facilities if it so desires. ORM 061 062 IV. REVISIONS OF AGREEMENT This agreement may be revised or amended at a joint meeting of the City Council of the City of Nederland and the Board of Directors of Mid County Pop Warner Jr. Football League, by a majority vote of each party. V. DISPOSITION OF INCOME The managing personnel of the League specifically reserves the right to hold in separate account all income from incidental activities such as advertising, operation of a concession stand, sale of programs, etc. VI. MAINTENANCE OF NON- PROFIT STATUS ' A. All activities relative to the League operations on said park area shall be conducted in strict compliance to non- profit status of the League. B. Violation of this clause by the League shall be sufficient for termination of this agreement. VII. MAINTENANCE OF PARK SITE A. The League agrees to maintain in an orderly manner all grounds covered hereby, such as cutting the grass and keeping the grounds in a tidy condition. B. The League agrees to and hereby does indemnify and save harmless the City from any and all liability resulting in the injury -of players, or any other persons, damage to property, or any other claim for damages, as a result of its use of said property. 3. 063 VIII. PUBLIC LIABILITY INSURANCE The League agrees to procure and maintain in force during the term of this lease and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims through public use or arising out of accidents or injuries occurring in or around the described premises, in a minimum amount of $100,000.00 for each person injured, $300,000.00 for any one accident, and $100,000.00 for property damage. Such insurance policies shall provide coverage for Lessor's contingent liability on such claims or losses. The policies shall be delivered to the City Manager for keeping. The League agrees to obtain a written agreement from the insurers to notify the City in writing at least 30 days prior to cancellation or refusal to renew any such policies. The League agrees that if such insurance policies are not kept in force during the entire term of this agreement and any extension thereof, the City may procure the necessary insurance, pay the premium therefore, and such premium shall be repaid to the City the next month following the date on which such premiums are paid. Ix. FINAL AGREEMENT This agreement supersedes all previous agreements between the City and the League. 4. 064 EXECUTED IN DUPLICATE originals by the duly authorized officers of the City of Nederland and Mid County Pop Warner Jr. Football League this the It day of J-4JXa , 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: La�loyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas MID COUNTY POP WARNER JR. FOOTBALL LEAGUE Eddie Elkins, President Mid County Pop Warner Jr. Football League Secretary Mid County Pop Warner Jr. Football League 3 1 1 1 AN AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: An agreement between HILLCREST BAPTIST CHURCH, NEDERLAND SOUTH LITTLE LEAGUE, and the CITY OF NEDERLAND providing for recreational facilities upon church property situated in the 3500 block of Avenue H. This agreement between the HILLCREST BAPTIST CHURCH and the CITY OF NEDERLAND is entered into upon the following terms and conditions to wit: 1. That HILLCREST BAPTIST CHURCH will provide property for Little League ballparks at this location. 2. That the CITY OF NEDERLAND will provide necessary utilities including the electric bill, the gas bill, and the water and garbage service not to exceed $2,000 per year total. Parties have to agree that this is sole responsibility of the CITY OF NEDERLAND under this contract. 3. That the term of this lease will be for a period of one (1) year from the date hereof with a one (1) year option for renewal. 1 065 4. That either party, HILLCREST BAPTIST CHURCH or the CITY OF NEDERLAND, may cancel this lease by giving the other party written notice of thirty (30) days prior to the date of cancellation, and such written notice shall be mailed to the following addresses: CITY OF NEDERLAND HILLCREST BAPTIST CHURCH P.O. BOX 967 P.O. BOX 1385 - 3324 Park Dr. Nederland, Texas 77627 Nederland, Texas 77627 5. That the CITY OF NEDERLAND will compensate HILLCREST BAPTIST CHURCH in the amount of $10.00 per year as a consideration for providing these facilities for public use. 6. That the HILLCREST BAPTIST CHURCH maintain control over the activities through their designated agents such as the NEDERLAND SOUTH LITTLE LEAGUE or others and may set times that playing will be prohibited on these ball parks. 7. That the NEDERLAND SOUTH LITTLE LEAGUE agrees to and will "hold harmless" the HILLCREST BAPTIST CHURCH and the CITY OF NEDERLAND from any damages or other liabilities which might arise from the use of these facilities. The NEDERLAND SOUTH LITTLE LEAGUE agrees to procure and maintain in force during the term of this lease and any extension thereof, at its expense, public liability insurance in companies through brokers approved by the CITY OF NEDERLAND, adequate to protect against liability for damage claims through public use or 2 1 arising out of accidents or injuries occurring in or around the described premises, in a minimum amount of $100,000.00 for each person injured, $300,000.00 for any one accident, and $100,000.00 for property damage. Such insurance shall provide coverage for lessor's contingent liability on such claims or loses. The policies shall be delivered to the City Manager for keeping. The NEDERLAND SOUTH LITTLE LEAGUE agrees to obtain a written agreement from the insurers to notify the CITY OF NEDERLAND in writing at least 30 days prior to cancellation or refusal to renew any such policies. The NEDERLAND SOUTH LITTLE LEAGUE agrees that if such insurance policies are not kept in force during the entire term of this agreement and any extension thereof, the CITY OF NEDERLAND may procure the necessary insurance, pay the premium therefore, and ' such premium shall be repaid to the CITY OF NEDERLAND the next month following the date on which such premiums are paid. 8. This agreement supersedes all previous agreements between HILLCREST BAPTIST CHURCH, the CITY OF NEDERLAND, and the NEDERLAND 1 Approved by authorized representatives of the CITY OF NEDERLAND and HILLCREST BAPTIST CHURCH this // day of I d , 19 1q . 3 Carl N. LeBlanc, Mayor City of Nederland, Texas Odre 0 6 F ATTEST: / Y" L", 0 "] '-La Donna Floyd, City Secretary City of Nederland, Texas AP /P`ROVED S TO FORM AND LEGALITY: z' K/ W.E. Sanderson, City Attorney City of Nederland, Texas ENDORSED BY NEDERLAND SOUTH LITTLE LEAGUE OFFICIALS: TRUSTEES HILLCREST BAPTIST CHURCH: 1 1 o6�o REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 25, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Paulus. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the March 28, 1994 meeting as written. All Voted Aye. PROCLAMATIONS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve a proclamation declaring April 24 -30, 1994 as "Nederland Crime Victims' Rights Week" in Nederland, Texas. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve a proclamation declaring May 14 -21, 1994 as "Spring Clean Up Week" in Nederland as sponsored by the Nederland Rotary Club. All Voted Aye. Mayor LeBlanc presented the proclamation to Mrs. Janis Shaw, Vice - President of the Nederland Rotary Club. PUBLIC A motion was made by Councilman Paulus and seconded OFFICIALS by Councilman Schroeter to appoint Kenneth Mitchell to the Zoning Board of Appeals to fill the unexpired term of resigning member Paul Smith. All Voted Aye. RESOLUTIONS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve an Amendment to Reso- lution 1994 -02, appointing Jeanie Green as the Election Judge for the May 7, 1994 General Election to replace previously appointed Gladys Weaver. All Voted Aye. 070 Minutes continued, April 25, 1994 ORDINANCES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve an Amend- ment to Ordinance No. 164, setting the dates for regular Council meetings to be held May 9, 1994 through April 24, 1995. All Voted Aye. AGREEMENTS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to approve an interlocal agreement between the City of Nederland and the City of Port Arthur for mutual aid fire protection services. All Voted Aye. BUDGET A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve two budget amendments as follows: Solid Waste Fund - transfer $6,500.00 from Motor Vehicle Supplies to Heavy Equipment R & M; and, City Shop - transfer $71.00 from Minor Tools and Equipment to Medical Services. All Voted Aye. COMMUNICATION Bill Storey, City Manager, informed the Council that the city crews will begin on the 1994 Street Program this week. Mr. Storey stated that the Parks and Recreation ' Department is working with the Y.M.C.A. in an attempt to provide swim time to day campers when the pool is closed to the public. ADJOURN There being no further adjourned at 6:20 p.m. Carl City ATTEST: nunl aDonna Floyd, City Secretary City of Nederland, Texas business, the meeting was Mayor Carl N.x�Lej%lan N. LeBlanc, Mayor of Nederland, Texas 1 1 1 �. �a>< . •aN• f■ ifs f�y� .,.... ..................... .....:..:..:..:.. :...: : ..:..:..:.: u::::::: n.; .:: .3 w:.. ....,.. w... .. .... ::: .:::tnt:`.'i:3: :..'...:: ):: :. ?::,..:y.df >i.:: Name Title Present Absent Carl N. LeBlanc Mayor �✓ Melvin L. Moss Councilman — Ward I �✓ Will E. Schroeter Councilman — Ward 2 �✓ W. Ceyril Paulus Councilman — Ward 3 Billy W. Doornbos Councilman — Ward 4 �✓ Bill Storey City Manager ✓ La Donna Floyd City Secretary ✓ Billy Neal Police Chief ✓ Kent Walston Personnel Director Steve Hamilton Director of Public Works Mike Lovelady Fire Chief ✓ James Byers Building Official Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director ✓ W. F. Sanderson City Attorney�✓ yor Secretary 9y Date `-2 c[ly2lkCC<ti 4-cem 0& CITY OF NEDERLAND A PROCLAMATION WHEREAS, public opinion polls clearly indicate that crime and violence is the number one concern among all U.S. citizens, and WHEREAS, thirty -five million Americans fall victim to violent crime each year in the United States; and WHEREAS, every minute in the U.S., four women are battered, one woman is raped, six children are abused, and one person is robbed; and WHEREAS, victims play an indispensable role in bringing offenders to justice and thus preventing further violence; and WHEREAS, law abiding citizens are no less deserving of rights, resources, restoration and rehabilitation than the violent offenders who victimize them; and WHEREAS, victim service providers, counselors, and advocates should enjoy full support from all public and private institutions, entities and individuals in their efforts to render critical assistance to crime victims in need. WHEREAS, Nederland is joining forces with victim service programs, criminal justice officials and concerned citizens throughout Jefferson County to observe National Crime victims' Week; WHEREAS, The Coalition for Victims of Violent Crimes is sponsoring a Crime Victim Candlelight Vigil called "Facing Violence Today for Fewer Victims Tomorrow" April 28, 1994 at the Jefferson County Courthouse. THEREFORE, BE IT RESOLVED, that the City of Nederland designates the week of April 24 -30, 1994 as "Nederland Crime 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 1994 and throughout the year; and be it further RESOLVED that this official proclamation be prepared for the Coalition for Victims of Violent Crimes as a token of the appreciation and respect of the Nederland City Council. IN WITNESS WHEREOF, I hereunto set my hand and have caused the Seal of the City of Nederland to be affixed this 25th day of April, 1994. Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDOnna Floyd, City Secretary City of Nederland, Texas 1 1 !J 1 F� M.'!••'.xY^y.:f 0 t� 9 l/hdLLV�/inta 'c CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid - Jefferson County Texas (11m 10 /G`u �GMJ,494 Proclamation &a _41 Iww/_ " �' /a�ec, �� - mr2lue a�'l /te uccL /tatiGJ ice a i,a irw as �/liany a a`°l/te Vile a�'�/l�edoclicitu' Jctuw do 16e41� Jtodaii'a �Ilkiy -/ / - 21, 19As 14 "�1hede 4nd Jlt2iny V eaw-al", ?Gee /" �a ��ioitJohed /rte Ate �/1 %doi ittl �''tal�v� Ud G!G L /l6 ��ifi� o��/��eclo2licitd, Jereue, asul �at�e euc� u�ul otemvt� ��tili��arc obi out VWy /a 2eco7,rdp and dalllad Mo Jledotholul�%' kay Ud ill, llter/c e`'atla /a kecud / Me ViCJ o`'J�ulo2lartd 4y, J�uriwo2ii-y </%edodewtd 0194ing r6"n, -,Vt ftee% J,, pt /ea/i .,)to)t f ep1wwl,' mil,"j. )ioJ hand aitd O'md oll/te Vilg a��ecla2liorul L/ua //w 25,6 day o`'Vlad,, 1994, OV _q. �lla�oi Kly a�'�/l�eda2/aiul, �ieuea �lllc�l �GiG/ Jectelcov� 074 AN AMENDMENT TO RESOLUTION 1994 -02 WHEREAS, Section 32.008 of the Texas Election Code, Order of Appointment, states that the appointment of election precinct judges must be made by written order; and WHEREAS, Section 87.002 of the Texas Election Code, Appointment of Judges of Early Voting Ballot Board and Central Counting Station, states that the appointment of a presiding judge and the other members are appointed in the same manner as election clerks; and WHEREAS, Section 127.005 of the Texas Election Code 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, CARL N. LEBLANC, MAYOR, CITY OF NEDERLAND, TEXAS: Hereby appoint Jeanie Green to replace Gladys Weaver as the Election Precinct Judge and Presiding Judge for the Early Voting Ballot Board for the City of Nederland General Election to be held May 7, 1994. PASSED AND APPROVED at a regular meeting of � �t�h���e� City Council of the City of Nederland this the � daAy of (3fiLi , 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd,'City Secretary City of Nederland, Texas AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 9, 1994 THROUGH APRIL 24, 1995. 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 meetings of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 6:00 p.m. on each of the following dates: May 9 May 23 June 13 June 27 July 11 July 25 August s August 22 September 12 September 26 October 10 October 24 November 14 November 21 ' December 12 December 19 January 9 January 23 February 13 February 27 March 13 March 27 April 10 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, 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: L Doonna nna Floyd, ity Secretary City of Nederland, Texas 075 076 THE STATE OF TEXAS ) COUNTY OF JEFFERSON } THIS AGREEMENT entered into this day of 4AJ 1994, by and between the undersigned Political Subdivisions, here- inafter referred to as the member Cities; W I T N E S S E T H WHEREAS the governing officials of the member cities, political subdivisions of the State of Texas, desire to secure for each such City the benefits of mutual aid in fire prevention and the protection of life and property from fire and in fire fighting; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That upon the request of one City, who is a party hereto each having fire suppression equipment and personnel, by the Fire Chief or central dispatcher of said City, fire fighting , equipment and personnel of said responding City, who is a party hereto, will be dispatched to any point within the City Limits of said requesting member City, or to a point within said requesting member City's extraterritorial jurisdiction, for which such City has contracted by written agreement, pursuant to TEX. REV. CIV. STAT. ANN. art. 970a, § 5A (1977) to provide fire protection, designated by said Fire Chief or central dispatcher of said requesting City, subject to the emergency conditions hereinafter stated. It is hereby declared and agreed that an emergency condition shall exist within the corporate limits or its extra- territorial jurisdiction of a party hereto at a time when one or more fires are in progress, and that when such condition exists the Chief of the Fire Department shall determine the advisability of sending fire fighting equipment beyond the corporate limits of the requested party, and the judgment of the Fire Chief shall be final. 077 2. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: a. Any request for aid hereunder shall specify the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by a representa tive of the responding City. b. Responding City shall report to the officer in charge of requesting City at the designated location. c. Responding City shall be released by the request- ing City when the services of the responding City are no longer required or when the responding City is needed within the area for which it normally provides fire,protection. 3. Any civil liability related to the furnishing of services hereunder is the responsibility of the requesting member ' City, in accordance with TEX. REV. CIV. STAT. ANN. art. 4413 (32c). However, all claims for Workers' Compensation benefits arising out of this agreement shall be the sole responsibility of the party who is the general employer of the employee filing such claim. At no time shall the employees of the responding party be considered to be borrowed servants or on loan to the requesting party to this agreement. Not withstanding the terms of this paragraph the responding city shall hold the requesting city harmless from all liability for injuries or damages to persons or property that might occur as a result of the act or omission of an act of the employees or servants of responding City. 4. No member City shall be reimbursed by any other member City for costs incurred pursuant to this agreement. 5. All equipment used by the responding City's Fire Department in carrying out this agreement will at the time of action hereunder be owned by it; and all personnel acting for said member City's Fire Department under this agreement will, at the time of such action be an employee or volunteer member of the Fire -2- 078 :, Department of said member city. 6. It is further agreed by and between the parties hereto that either party hereto shall have the right to terminate this agreement upon thirty (30) days written notice to the other parties hereto. 7. This agreement is made pursuant to TEX. REV. CIV. STAT. ANN. art. 4413 (32c), commonly referred to as the Interlocal Corporation Act. 8. Each member of this agreement shall, simultaneously with the execution hereof, provide the respective members of this agreement with copies of any and all contracts executed on its behalf for the furnishing of fire protection in its extraterrito- rial jurisdiction pursuant to TEX. REV. CIV. STAT. ANN. art. 970a, S 5A (1977), and shall provide copies of any such contracts executed hereafter within ten (10) days of the execution thereof. Effective date of this agreement shall be on the day of -%���- 1994, and shall continue in full force and effect, unless other wise terminated. , THE CITY OF NEDERLAND THE CITY OF PORT ARTHUR Carl N. LeBlanc, Mayor Cit age Cor elius Bog ATTEST: Donna Floyd, City Secretary May r Mary Ellen Summerlin APPROVED A TO FORM: W. E. Sanderson, City Attorney -3- 079 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 9, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the April 25, 1994 meeting as written. All Voted Aye. ELECTION Mrs. Jeanne Green, Election Judge, reported that a total of 2,253 votes were cast in the regular and early voting combined. She added that the following number of votes were cast for each candidate: MAYORAL CANDIDATES Bobbie VanAuken 358 Carl N. "Cropo" LeBlanc 1,065 Ceyril Paulus 499 Kelvin Goyens 231 Thomas (Tom) Wandeloski 79 COUNCILMAN WARD TWO Wm. E. "Will" Schroeter, Jr. 1,455 Joe Daughtry 697 COUNCILMAN WARD FOUR Sarena (Waller) Davis 706 Billy W. Doornbos 1,487 A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to accept the canvass of election as presented by Mrs. Green, Election Judge. All Voted Aye. Minutes continued, May 9, 1994 LaDonna Floyd, City Secretary, administered the Oath of Office to Wm. E. "Will" Schroeter, Councilman Ward 2 and Billy W. Doornbos, Councilman Ward 4. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve payment to election officials in accordance with Chapter 3.08 of the Texas Election Code. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve an "Order Calling Election", providing for a Runoff Election to be held May 21, 1994 for the purpose of electing a Mayor. All Voted Aye. RESOLUTION A motion was made by Councilman Paulus and seconded by Councilman Moss to approve Resolution 1994 -05, appointing Mrs. Jeanne Green, Election Judge, Mrs. Winifred Morgan, Alternate Election Judge, and Mrs. LaDonna Floyd, Presiding Judge at the Central Counting Station, for the Runoff Election to be held May 21, 1994. All Voted Aye. CONTRACTS & A motion was made by Councilman Paulus and seconded AGREEMENTS by Councilman Doornbos to remove from the table approving the renewal of the water supply contract with the Lower Neches Valley Authority. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve the water supply contract with the L.N.V.A. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to remove from the table approving a right -of -way agreement between the City of Nederland and the L.N.V.A. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve the right -of -way agreement between the City of Nederland and the L.N.V.A. All Voted Aye. SUBDIVISIONS James Byers, Building Official, presented the Planning and Zoning Commission's recommendation to approve the final plat of Hunter's Ridge Phase II. A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the final plat of Hunter's Ridge Phase II as recommended by the Planning and Zoning Commission. All Voted Aye. Minutes continued, May 9, 1994 TEXAS A motion was made by Mayor LeBlanc and seconded by MUNICIPAL Councilman Moss to approve reimbursement in the RETIREMENT amount of $3,760.81 to Rufus Williams for under - SYSTEM funding of T.M.R.S. account. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize payment to KSA Engineers, Inc. in the amount of $14,173.04 for engineering services during the bidding phase of the Water Treatment Plant. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve payment of the bills for the month of April, 1994. All Voted Aye. COMMUNICATION Bill Storey, City Manager, reported to the Council that the revised rules and procedures for citizens to come before Council will be on the next agenda. Mr. Storey also informed the Council that the City's rating, according to Standard and Poors, has been upgraded to an "A" rating. Mr. Storey added that he will be working with Chief Neal on establishing a noise ordinance which would regulate excessively loud car stereos. ADJOURN There being no further business, the meeting was adjourned at 6:40 p.m. by Mayor LeBlanc. ATTEST: -L &Donna Floyd, City Secretary City of Nederland, Texas 1 C e anc, Mayor City of Nederland, Texas 1: mm YY 1 �yr y�yr y{��.: 11�1 ��..IA EAR .i:�. . �Q�CJ�LL'NG' . Y. ....:::'..:,'..:' :• :•.•:':':::.ii::.' <.';:j.':y. 'i''i:;.:ji jyi. ?;:'•:i••.:: i�:i: :',:::.: ..:i..»,'. rx :... :. Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward 1 ✓ Will C. Schroeter Councilman — Ward 2 W. Ce it Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager La Donna Plod City Secretar ✓ Billy Neal Police Chief ✓ Kent Walston Personnel Director Steve Hamilton Director of Public Works ✓ Mike Lovelady Fire Chief James Byers Building Official Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director / W. E. Sanderson I City Attorne ✓ yor cretary S- 9 - 9y Date I F 1 1 RESOLUTION 1994 -05 WHEREAS, Section 32.008 of the Texas Election Code, Order of Appointment, states that the appointment of election precinct judges must be made by written order; and WHEREAS, Section 87.002 of the Texas Election Code, Appointment of Judges of Early Voting Ballot Board and Central Counting Station, states that the appointment of a presiding judge for the board is appointed in the same manner as a precinct judge and the other members are appointed in the same manner as election clerks; and WHEREAS, Section 127.005 of the Texas Election Code 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, CARL N. LEBLANC, MAYOR, CITY OF NEDERLAND, TEXAS: Hereby appoint Jeanne Green as the Election Precinct Judge and Presiding Judge for the Early Voting Ballot Board; Winifred Morgan as the Alternate Election Precinct Judge and Alternate Judge for the Early Voting Ballot Board; and, LaDonna Floyd to serve as Presiding Judge at the Central Counting Station for the City of Nederland Runoff Election to be held Saturday, May 21, 1994. PASSED AND APPROVED at a regular meeting of the City Council of the City of Nederland this the �_ day of yrill 14 , 1994. C/_. ATTEST: V. La Donna Floyd, tity Secretary City of Nederland, Texas 1 (,a,�.i /�I • off-(' /�,P� ; Carl N. LeBlanc, Mayor City of Nederland, Texas LOWER NECHES VALLEY AUTHORITY WATER SUPPLY CONTRACT THE STATE OF TEXAS I COUNTY OF JEFFERSON I THIS CONTRACT AND AGREEMENT made and entered into on this the . 19th Clay of April . 19 94 . and effective nor the 19th day of April 1994 (hereinafter referred to as the "effective date') by and between LOWER NECHES VALLEY AUTHORITY, a political subdivision of the State of Texas, having an office at Beaumont, Jefferson County, Texas, hereinafter referred to for con• venience ae "SELLER", and THE CITY OF NEDERLAND . t t• , 4C' 7li�x 'R')C'k9CkhCX")t'7(eX7C'XIXIy a municipal corporation of Jefferson County, Texas, acting herein by and through its Mayor, duly authorized by a Resolution of the City Commission of said City, hereinafter called ",BUYER ". WITNESSETH: In consideration of the mutual agreements herein contained, SELLER agrees to sell and 13UYEII agrees to buy water upon the terms and conditions and for the consideration hereinafter set forth: L Quantity: Subject to the remaining terms and provisions hereinafter set forth in this Contract, SELLER agrees to sell and deliver 1, BUYER at the delivery point hereinafter specified and BUYER agrees to pay for not less than the amount of water specified in Subparagraph 4 Af Section 6., below, at the rate required by said Subparagraph 4 of raid Section 6., below, and BUYER. at its option, may take the amount of water above mentiN t ether with aunt nddi1 q I water as BUYER may require for use in the operotiml of its plant located at or near LNV/ Station d34 +00/N -7 -2 2. Quality: The water to be delivered by SELLER and received by BUYER hereunder shall he raw water, and SELLER shall not be obligated to treat such water in any mnnner, provided, however, lb., itUYER shall not be obligated to receive water And pay for same for any period during which it shall contain per gallon, at the delivery point• hereinafter specified, in excess of: T- (10) grains of wtdium chloride; and Fifteen (15) grains nfencruxtingsolids in cnrbonates of magnesium and calcium. And thereahall be no liability, whatsoever. on the part of SELLER for failure tofurniah and deliver the quality of water specified in thin Section 2. It is expressly understood and agreed that there is and shall he no warranty or covenant ex• pressed or implied upon the part of SELLER that amid water shall Iw suitable for use by BUYER, and it is understood that BUYER is to filter and/or otherwise treat said water in order to render it suitable for its use. 9. Delivery Point: The delivery point for water said and purchased hereunder f r BUYER'S operations shall be at a point on SELLER'S ret nil heofore nlected And designated by BUYER. adjacent tnor in the vicinity of BUYER'S plant. BUYER has constructed and agrees toolwrate. maintain .nil eccoastrwt, of BUYER'S own coat and ex)wn.e, all facilities necessary to lake the water purchaser) hereunder from the canal of SELLER. 'rite equipmmLL and facilities An constructed. o)wrated, maintained and rmAnatructed by BUYER shall be And remain the prApedy of BUYER. 4. Measuring Equipment SELLER han heretofore furnished and inst Altrd.tat in the futurewilloperal —nd maintain at ilsexpensc, Al the delivery point of water for BUYER'S uperat ions, the necessary meter Al slandnrd type l" measure properly the water delivered under this ngreenent. The meter or meters and other equipment An installed shall be and remain the property of SELLER. and the ,nine shall be used in determining the quantity of water delivered to BUYER under this contact and the following provisions in reference thereto shall apply: BUYER shall have A—. to said metering equipment at nil reasonnble times• but the reading And calibrating Arid adjustment thereof shall be done mdy by the employees or Agents of SELLER. For the purpose of this contract the original record of readings of the meter or meters shall be the journal or other record boAk of SELLER in its ,free into which the records Af t he empl -c- or age i s "f SE3,I.EIt who lnkta meter readings is or may be Irnnsrribed And SELLER will, ulna mque.l, give Blll'P.It n copy of such jaunud ur accord Iunk ur permit Illll' F:It to have access m nine At the uL rice of SELLER during business hours. Not more than each h mlh, oI n date As near the last dory of e—I. naanth ns pout irabde. SI• :LLE.It mna calihou, its meters it tegn -ted ho .ore a nr by RuYER to dA so, in the presence of rel— entmdvea It BUYER. and the Ionics shall jAinlly observe any Adi- lnuvila which are mode to the peter , shA.Id arch Adju.tnhents be vary. And if the check meters hereinafter pn vidcd for have Iwen installed, the .antic shall nl.obe- libmtvd by BUYER in the presence of representatives of SELLER and the parties shall jointly ulno.•rve Any adjuvtmeus, should such adjustments be necessary. If BUYER shall request SELLER to calibrate its meters and SELLER shall have given BUYER notice of the lime when any such calibre• lion is to he made a stifriciera length of time in Advance to enable [RIVER to have its repres•nmtive.A present, mini if represent.tive, are nut present at the time set, SELLER mmy proceed with said colil —lie i And adjustments in the Absence of BUYER'S representatives. If either party at any time olxverves a variation between the delivery meteror meters and the cheek meterunneters• if any such check meleror meters is or are installed, it will promptly notify the other pariv slid the parties will then cooperate to secure on immediate calibration test andjoint observation of any adjustment and the meter "r meters ab.ld Ihen he adjured to accuracy. Each party shall give to the al her party forty-eight (48) hours .Ali c of the time of all tests of mete. An that the other party may conveniently hove its representatives, present. If• upon any lest, the percentage of inaccuracy of any metering equipment is found In he in excess of two. percent Wi 1, registrations thereof shall be corrected for A period extending Lurk to the lime ,tell inacauney ncc•urcei, ifsuch time is Ascertainable• and if not axertai"Able then hark ,t dl f tr) of the time eNowd since the Ina, dole of cnlibrmiun. If. I'or any it, ASnh, Any mete. are out of service and /or out of repair An that the ont of wader delivered cannot be ... erumned or computed front the rending, thereof, the water delivered through the period such meters are out f nhservice and /or out of reitnir ahnll be estimated and "greed ulna by the parties herein upAn the basis of the best data Available• using the first of the following methods which is feasible: n. By using the registration of arty check meter or meters if installed and accurately registering; b. By correcting the error if the Iwrcentage of error is — crininabdt• by c"libmtion test of last helaat,cal calculation and e. Ilv estimating the quantity of delivery by deliveries during prvrnling periomla under similar cunditinn, when I he meter or melrm wee or were registering accurately. BUYER any, At its oplir n And expense. install and Aperate,heck mete. to check rneh moor installed by SELLER but measurement of water far the purpose of this agreennent shall be by SELLER'S mole. only, except in case he --hove specifically provided to the contrary. Check meters shall be of the orifice or Venturi type and of standard make, end shall Iw .object at all nas n.bde times to i -I—liu t Ad examination of SELLER, but the reading, calibration and Adjustment ,limit be done arty by BUYER. except during any Iwriol where A check meter may be used under the pruviAuns hared for measuring Ihr water delivered when the reading, ralibrnt ion and adjusUneLL hercul at 11 be made by Sl• :LLER with dike effect• As if such check meter Ar nhrtem has or have been furnished and i umstied by it. Unit of Measure: 'rite unit of measure fur wailer delivered hereunder shall be One'ri tatouul f mil) Gallons of water U. S. Standard Li. quid Measure. 6. Price and Payment for Water: For the purlxoe of billing and accounting. fit(- day shall begins( 10:00 a.m. nn n day and extend to 10:00 e.m. the next day, and the killing month as used under this contort shall begin at 10:00 a.m. on the first day of each calendar month and end at 10:00 a.m. on the first day of the succeeding calendar month. The bill for any month shall be paid by BUYER to SELLER at SELLER'S office in Jefferson County, Texas an or before the 15th day of the calendar month during . which the bill is received by BUYER. Should BUYER fail to lay any amount due SELLER hereunder, wlwn same is due, and should such fnilure to pay continue for sixty (60) days, SELLER may suspend deliveries of water hereunder. SELLER has e.t.bdial —I and charges all industrial and municipal customers the slandnrd rate, for water which are set out in Exhibit "A ", which is.inched herein and made a part here f an fully and to the same extent as if copied herein in full, giving costume. the option to take and pay for water under any one of line brackets set out in said Exhibit "A ". 1 1 fl U BUYER has elected to Lake and pay for water under Bracket or Rate Number l set out in said Exhibit "A ". The price for daily deliveries shall be determined on the basis of average daily deliveries during the applicable billing month. The minimum . out of each bill for the billing month, as hereinabove provided in Section 1, shall be no less than an amount equivalent to 2 1/2 million gallons of water per day at the rate set out in Exhibit "A ", or such amended rate as may hereafter be adopted by the Board of Directors of SELLER, for each day of the billing month and BUYER agrees M pay such amount. It is expressly understood and agreed that SELLER shall have the right at any time during the period of this contract to change the above set forth standard scheduled rates charged its customers for water, and in the event such rates arc lowered. BUYER shall have the advantage of same im medintely when they become effective, and if said rates are made higher or different, then BUYER hereby agrees to lake and pay for water under such higher or different rate.. If by reason of accident to BUYER or a suspension necessary to make repnirs, BUYER is unable four does not take for some part icul.r m,.I h the minimum quantity contracted to be taken each month but pays SELLER the amount due for the minimum quantity provided herein, BUYER shall have the right to take such water paid for but not taken at some future date convenient to both parties, and when so taken such water shall not be counted nor considemd in the total amount of water taken during such mouth. BUYER shall at all times have the right to refuse to receive water tendered fur delivery which does not meet the shove qunlily specified, and if on this account, or on account of limitation of quantity as act forth in the next paragraph of this Agreement, BUYER is delivered less than an average of _ _ 7 112 mill inn gallons of water per day or no water at all, than for such month BUYER shall be relieved of the minimum payment and pay for only such water as it receives. 7. Limitation Limitation anQuantity: Anything in this contract the contrary notwithstanding. it is und,nunod and agreed by the parties hereto that in a ant shall SELLER be obligated to deliver to 14UYEII more water than SELLER shall have available through its present plant facilities and equipment, and SELLER shall not be obligated to extend nor enlarge its plant facilities or equipment for the purpose of supplying demands to BUYER under this contract. Should SELLER at any time, by reason of a shortage resulting from any of the causes mentioned in Section 5.0.13 of the Texas Water Code or by reason of any of the happenings or conditions mentioned in Paragraph 8., below, not have available sufficient water to fur• nish to all parties having contracts with SELLER the water to which they are otherwise entil led under the terms of such contracts, then and in that event the water available will be distributed and divided as required by said Section 5.039 of the Texas Water Code. 8. Farm Majeure: In the event of either party being rendered unable, wholly m in part, by force majeure to carry out its obligations under this contract, other than the obligations to make payments of amounts accrued and due hereunder at the time thereof, it is agreed that un such party giving notice and full particulars of such force majeure in writing or by telegraph to the other party within a rensmable time after the occurrence of the cause relied on, then the obligation, of the party giving such notice, so far as they are affected by such force maje m hall In suspended during the ca ui_,nce of any liability so caused but for no longer period, and such cause hall na far as possible be remedied with all reasonable dispatch. The term "force majeure" as employed herein shall men, and include, without limitation, acts of God, strikes, lockouta, or other industrial distur. lances, nets of the public enemy, wars, blockades, insurrections, riot., epidemics, landslides, lightning, earthquakes, Gres, hurricanes, storms, floods, washout., droughts, arrests, and restraint of Government and people, civil disturbances, explosions, breakage or accident to machinery and/or canals, partial or entire failure of the supply of water, and innblility on the port of SELLER to deliver water hereunder or all of the water con• tmcted for hereunder on account of contractual rights of others or on account of the prior rights of other users to the supply of water at the source of the supply arising by operation of law, and any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the party claiming suspension. It is understood and agreed that the settlement ofstrikes or lockout shell be entirely within the discretion of the party having the difficulty, and that the above requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts be acceding to the demands of opposing party when such course is inadvisable in the discretion of the party having the difficulty. 0. Other Purchases: It is expressly understand and agreed that during any period that SELLER fails to deliver M BUYER water meeting contract specifications, or is unable to perform its obligations hereunder, BUYER shall have the right during the continuance of such failure, or such inability, to obtain water from other sources. 10. Non-Waiver: The failure of either party hereto to insist, in anyone or more instances, upon performance of any of the terms, covenants, or conditoms of this contract shall not be construed as a waiver or a relinquishment of (lie future performance of any such term, covenant, or condition of the other party hereto, but the obligation of such otluer party with respect to such future pert riti —e shall continue in full force and effect. I1. Term: This contract shall be for a term of two (2) years commencing at 12:01 a.m. on the effective date of this contract and ending two (2) Y,., from such time and date. This contract maybe renewed and extended for an additional period of time, upon the same terms and conditions as herein act out, by a letter of agreement executed prior to the expiration of this contract by the persons then authorized to enter into contracts on behalf of SELLER and BUYER. 12. Assignment: This agreement .hall enure to the benefit of, and be binding upon the parties hereto and their respective successors and assigns. 13. Notice: Any notice required or authorized to be given under the terms and provisions of this contract will be in writing and will be delivered in person at the office address or in the alternative will be delivered by registered mail addressed to the past office address which is set out below following the name of the party to whom notice is being given. Said offices and mailing addresses will be considered as remaining in effect until such time as notice of a change of address is given by one party to the other in writing as herein provided in this paragraph. 14. Regulatory Bodies: This contract shall he subject In all valid rules and regulations an ss d laws applicable hereto, paed or promulgated by the United States, the State ofTexas and any municipal or other governmental body or agency or by any authorized representatives or agency odany of them, having lawful jurisdiction. 15. This contract is made and entered into in Beaumont, Jefferson County, Texna, is performable in all particulars in said Jefferson Coo ty,Texas, 'hall be construed and enforced in accordance will, the law, of the Stale of'I'oxus std any cause: of action bereundar .hall be filed and maintained in a court of competent jurisdiction in Jefferson Coney, Texas. IN WITNESS WHEREOF, the SELLER end BUYER have caused this Contract and Agreement to be executed by their respective duly authorized officers and have caused their respective seals to be hereunto affixed as of the effective date above stated. LOWER NEC]IES VALLEY AUTHORITY, Se6er Office Address: Mailing Address: 7650 Eastox Freeway P. O. Drawer 3464 Beaumont, Texas 77708 Beaumont, Texas 77704 ATTEST: Secretary ATTEST 6a 3n .' Secretary I'resident _CITY QI_.111Rf1FRt ANn Buyer Mailing Address: P.O. Box 967 _ /N!�e�de�rl�anddj -/ Ten Jay ( J IQVAf (Officers Title) o s F� -4t -u LOWER NECHES VALLEY AUTHORITY RIGHT -0F -WAY AGREEMENT THE STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: That LOWER NECHES VALLEY AUTHORITY, acting herein by and through its duly authorized President, hereinafter called GRANTOR, for and in consideration of the agreements hereinafter set out by City of Nederland (hereinafter for convenience referred to as GRANTEE) to be kept and performed and of the obligations hereinafter assumed by GRANTEE, said agreements, assumptions and obligations by said GRANTEE being evidenced by GRANTEE'S execution of this instrument, and for and in consideration of the additional consideration of the sum of cash in hand paid by GRANTEE to GRANTOR, receipt of which is hereby acknowledged, does hereby, subject to the terms, conditions and covenants hereinafter set out, grant and convey unto the said GRANTEE permission to lay, construct, maintain, operate and repair Two 4" diameter ductile Iron (D.I.) sanitary sewer force mains encased in one 1811 diameter, 144 L.F. steel pipe; and one 18" diameter D.I. raw water line encased in one 24" diameter, 190 L.F. steel pipe. (all of such facilities and works and each and all parts thereof and all appurtenances, equipment and connections related thereto or in support thereof, of whatever nature, being hereinafter for convenience referred to collectively and separately as "line" whether one or more) to be used exclusively and only for the transportation of Water &Waste Water under the canal or canals, structures, culverts or other conveyance works of GRANTOR described in Exhibit "A" which exhibit is attached hereto and made a part hereof as fully and to the same extent as if copied herein in full, said Exhibit being initialed by the President. of GRANTOR for identification, the point of each crossing to be at the location of the L.N.V.A. station described and indicated in such Exhibit "A ", the numerical' identification and location of each such station being shown and set out on the maps and plats of the GRANTOR'S canals, which maps and plats arc on file in the office of the GRANTOR in Beaumont, Jefferson County, Texas, reference to said maps and plats for further description and for the geographical location of each such station being heremade for all purposes, said canal or canals, structures, culverts or other conveyance works of GRANTOR and the appurtenances thereto, whether one or more, and of whatever nature, being hereafter referred to separately and collectively for convenience as "canal" and the same are located in the county or counties indicated and set out in said Exhibit "A ". TO HAVE AND TO HOLD said right -of -way unto the said GRANTEE, its successors and assigns, upon the following terms and conditions and covenants, to-wit: FIRST GRANTEE covenants and agrees that no line, or any other facility will be constructed parallel to any canal or culvert of the GRANTOR. SECOND GRANTEE covenants and agrees that GRANTEE will construct and maintain said line so that the same will not, in the opinion of GRANTOR, in any respect, impede the now of water or impair, interfere with or prevent the construction, operation, maintenance, repair, replacement, extension, enlargement, widening, deepening and use of the canals (as hercinabove defined) or the components of the irrigation system and appurtenances of the GRANTOR, whether presently existing or hereafter constructed, and GRANTEE will encase the line with additional casing as protection against, and which is sufficient to prevent, leakage into the canal. Should GRANTEE for any reason at any time remove said line GRANTEE will, at the sole cost and expense of GRANTEE, leave such casing in place and take all such action as may be requested by GRANTOR to support and prevent the subsidence of the overlying earth and any damage or threat of damage to the structural integrity of GRANTOR'S canal. Said line is to be constructed at a minimum depth of five (5) feet below the designed bottom of the present Lower Neches Valley Authority canal and five (5) feet below the toe of the levee. GRANTEE further covenants and agrees that GRANTEE, immediately following the completion of such crossing, will return the surface of the earth on, under or adjacent to the said canal, its levies and /or appurtenances to the same conditions as existed prior to the commencement of GRANTEE'S construction and other activities and will mark the point of entry on, and exist from, GRANTOR'S premises with a substantial sign identifying the location of said pipeline and the name, address and telephone number of the owner and operator thereof. THIRD GRANTEE further covenants and agrees that GRANTEE will pay for any additional or extra costs which may be incurred by GRANTOR in the construction of additional canals or works or in widening, deepening, enlarging, extending, repairing, replacing or cleaning out its said canal across or under said line incurred because of or by reason of the location of said line on the casement hereby conveyed and will move or cause to be moved or adjusted the said line when deemed necessary or advisable by GRANTOR to enable GRANTOR to construct one or more additional canals and /or to widen, deepen, enlarge, extend, rearrange, reconstruct, relocate or clean out its said canal or canals. FOURTH GRANTEE further covenants and agrees that GRANTEE will use and occupy said rightof-wav hereby granted in a manner which shall not he inconsistent with the construction, use, operation, enlarging, extending, cleaning out and repairing by GRANTOR of its irrigation system, canals and appurtenances thereto. As part of the consideration herefor, GRANTEE has specifically released and does hereby specifically release and discharge GRANTOR from any liability of any kind to GRANTEE or to any other person, firm or corporation for any damage to person or property suffered or sustained by GRANTEE or by any agent, servant or employee of GRANTEE or by any other person, firm or corporation whomsoever or whatsoever f � by reason of or in any manner growing out of anything done or any action taken by GRANTOR or the failure of GRANTOR to do anything or to take any action, which action or inaction results in any damage of any kind to the person or property of GRANTEE or to the person or property of any other person, firm or corpora- tion, even if such action or inaction on the part of GRANTOR or on the part of any person for whose action or inaction GRANTOR is or might be liable constitutes negligence or gross negligence as defined by law. Without limiting the foregoing GRANTEE specifically releases the RANTOR from all liability to the GRANTEE or to any other person, firm or corporation for all injuries or damages to or destruction of all or any art of GRANTEE'S line or other facilities incurred as a result of the use of GRANTOR'S right -of -way by the GRANTOR or by its successors or ssigns. FIFTH GRANTEE, its successors and assigns, hereby agrees to pay for any damages to the irrigation system and canals, including fences, which may arise from the laying, maintaining, operating, repairing or removing of said line, and to pay for any damages to person or property sustained! by GRANTOR or by any person, firm, or corporation, including but not limited to damage to land, equipment, pumps, boilers or other machinery or to GRANTOR'S irrigation system, canals and appurtenances thereto from leakage of oil, gas or other fluids or substances from said line. GRANTEE will reimburse GRANTOR for all costs incurred by GRANTOR in repairing any such damages and in replacing any damaged property, GRANTOR to use its sole judgement and discretion in choosing materials and method to be used and the extent of repair and replacement required. SIXTH As part of the consideration herefor. GRANTEE has further contracted and agreed and does hereby contract and agree to fully protect GRANTOR from and against all claims and causes of action of every kind, character, nature or description arising from or growing out of the construction, operation, maintenance, repair, replacement or removal of said line or any defect or malfunction therein, whether hidden or apparent, or any failure to make any correction or repair thereto, including, without limitation, all legal fees and court costs incurred by GRANTOR in defending itself against any such claim or cause of action as well as any damages or payments which GRANTOR is required to pay or discharge by reason of or growing out of such construction, operation, maintenance, repair, replacement or removal of or any hidden or apparent defect or malfunction in said line or growing out of the existence of such line, or arising by reason of any such failure to make any repair or correction even if any such claim, cause of action, damages or payments required to be made result from the negligence or gross negligence of GRANTOR. SEVENTH The rights and privileges herein granted to GRANTEE will not be assigned by the GRANTEE without the express written permission of the GRANTOR being first had and obtained. This permit is granted by GRANTOR without warranty of any kind as to the title to the property described in Exhibit "A" hereof and GRANTEE accepts the same subject to any defect in title of GRANTOR. Failure by GRANTEE to commence construction of GRANTEE'S facilities within twelve (12) months from the date of this instrument will cause this instrument and the rights hereby granted to terminate and be of no further force or effect. GRANTEE will notify GRANTOR that GRANTEE proposes to start construction not less than forty -eight (48) hours before such work is to commence, such notice to be given to the general manager of GRANTOR or such other person as the general manager may designate. EIGHTH It is understood that this crossing permit conveys no property rights in real estate nor does it convey any exclusive privileges to GRANTEE. NINTH GRANTEE agrees and binds itself that it will comply with all Federal, State and local laws or regulations and will obtain all necessary permits from all local and federal agencies required by law before installation or construction is begun. TENTH GRANTEE will install its facilities in a manner and location as shown in the drawings and specifications heretofore filed with GRANTOR in support of GRANTEE'S application for this permit. GRANTOR'S engineer or inspector may at any time make such inspection as he may deem necessary to assure that the construction of the line or other facility is in accordance with the conditions herein set out and in accordance with the drawings and specifications submitted in support of GRANTEE'S application for this permit and said engineer or inspector shall have the right to temporarily suspend GRANTEE'S work if necessary while such inspection is being made. Should GRANTE=E not install the line or other facility in accordance with said drawings and specifications and in accordance with the terms and conditions of this permit, GRANTEE agrees that GRANTOR shall have the right to require, at GRANTEE'S expense, the removal of the facility and its replacement and conformance to said drawings, said specifications and conditions of this permit. GRANTOR may revoke this permit and suspend all work hereunder if it is determined by GRANTOR that the Line or facility is not being installed in accordance with such plans and specifications and the conditions of this permit. The suspension or revocation of this permit shall not be a basis for a claim for damages against GRANTOR. ELEVENTH Except in emergency situations where it is necessary to protect life and property GRANTEE will not make any change, modification or alteration in or to the line or other facility without first securing a new or amended permit from GRANTOR prior to the making of any such change, modification or alteration and except in such emergency situations, no repairs, construction or reconstruction will be made by GRANTEE without notice being first given to GRANTOR forty-eight (48) hours in advance. In emergency situations notice will be given by GRANTEE to GRANTOR at the earliest time possible. GRANTEE will keep up and maintain the line or other facility hereby authorized in good and safe condition in accecdancc with plans, specifications and this permit. TWELI•TH The person executing this instrument on behalf of GRANTEE represents that he is fully authorized to act for GRANTEE and to bind GRANTEE hereto mud this permit is given subject to the condition that GRANTEE is so bound. Use of the line for the transportation of any substance other than the material described in the first paragraph of this instrument will, at the option of the GRANTOR, immediately terminate the authority hereby granted and subject GRANTEE to suit for any damages which might result from the violation of this provision. rl �I 088 IN WITNESS \V1IBREOF, GRANTOR has caused these presents to be executed by its Prkdcnt and attested by its Secretary, in accordance with a Resolution heretofore adopted by the Board of Directors of GRANTOR, on this the IS— M —day of ne , 19 %A.D. ATTEST: Secretary S / Secretary THE STATE OF TEXAS COUNTY OF JEFFERSON LOWER /NECHHES V//N LEY AUTHORITY, GRANTOR BY: J" C ..so et-1— President GRANTEE ByX , �� Title: M RV C2,^ P 0 /3oK �!(a� Address /l0dy,rIctad 7K -?74.-2'7 _ City, Stale and Zip BEFORE ME, the undersigned authority, on this day personally appeared 60 /e- President of Lower Neches Valley Authority, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and decd of Lower Neches Valley Authority. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /-5 � day ofILa�' �^ 19 NOTARY PUBLIC IN AND FOR TEXAS Tr, c s4�1't a 16 THE STATE OF TEXAS I COUNTY OF JEFFERSON I BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executea the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of EXHIBIT "A" 19 NOTARY PUBLIC IN AND FOR COUNTY The (�e-_ at LNVA Engineering Station Number Name of Canal) 3.3a-A041 -M2, Mid +oo /A/ -7 -X in theWH.Car�e /l%�a 4—/3 in Jefferson (Station Number— Survey & Abstract) County, Texas, according to maps and drawings in the office of said Authority as depicted in the drawing attached hereto as EXHITIB "A ". 1 1 • REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 23, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Mayor LeBlanc. MINUTES A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve the minutes of the May 9, 1994 meeting as written. All Voted Aye. ELECTION Mrs. Jeanne Green, Election Judge, reported that a combined total of 1,457 votes were cast in the regular and early voting in the Runoff Election to ' elect a Mayor. She added that the following number of votes were cast for each candidate: Carl N. "Cropo" LeBlanc 978 Ceyril Paulus 474 A motion was made by Councilman Paulus and seconded by Councilman Moss to accept the canvass of election as presented by Mrs. Green, Election Judge. All Voted Aye. LaDonna Floyd, City Secretary, administered the Oath of Office to Carl N. LeBlanc, Mayor. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize payment to election officials in accordance with Chapter 3.08 of the Texas Election Code. All Voted Aye. CONTRACTS & A motion was made by Councilman Schroeter and AGREEMENTS seconded by Councilman Moss to approve an inter - local agreement between the cities of Nederland, Port Neches, and Groves and Jefferson County for the exchange of goods and services. All Voted No. Minutes continued, May 23, 1994 CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve an agreement between the City of Nederland and the Mid County Y.M.C.A. contingent upon the liability requirements being increased from $300,000 to $500,000 and verifying if the "Y" Director is authorized to sign such agreement. All Voted Aye. POLICIES & A motion was made by Mayor LeBlanc and seconded by PROCEDURES Councilman Schroeter to approve an amendment to the Procedures for Citizens of Nederland Appearing at Council Meeting. Mayor LeBlanc, Councilmen Moss, Schroeter and Doornbos Voted Aye. Councilman Paulus Voted No. ORDINANCES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve an Amendment to Ordinance No. 388, curfew ordinance. All Voted Aye. BUDGET A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve an amendment to the 1993 -94 budget by decreasing the Street Department - Street Improvements by $4,000 and increasing the ' Street Department - Overtime by $4,000 for the purpose of funding overtime during the street program. All Voted Aye. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to table appointing an Ethics Commission for the City of Nederland, comprised of the Citizens Advisory Committee members. All Voted Aye. EXECUTIVE At 6:40 p.m. Mayor LeBlanc announced that the City SESSION Council will convene into an Executive Session for the purpose of discussing possible litigation as authorized by Texas Government Code, Chapter 551.071; and, for discussing a personnel item as authorized by Chapter 551.074. RECONVENE The regular meeting was reconvened at 7:57 p.m. by Mayor LeBlanc. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. Minutes continued, May 23, 1994 COMMUNICATIONS Mr. Bill Storey, City Manager, reported to the Council that the City received a certified letter from Texas Natural Resource Conservation Commission today relative to a bypass located on South 35th Street at Avenue "C ". Mr. Storey added that TNRCC stated that they had received complaints from a citizen. The letter advised the City to take measures to close this bypass or face a fine of up to $10,000 /day. Mr. Storey responded that if we were to close the bypass it would cause sewer to backup into residences homes until such time as a new sewer treatment plant could be constructed, and if the City is forced to build such a plant at this time taxpayers could expect their taxes to increase substantially. ADJOURN There being no further business, the meeting was adjourned at 8:12 p.m. by Mayor LeBlanc. ATTEST: 4LDoLnna \ o yd,' Floyd, City Secretary City of Nederland, Texas C e lanc, Mayor City of Nederland, Texas 091 092 Name Carl N. LeBlanc Melvin L. Moss Will B. Schroeter W. Ceyril Paulus Billy W. Doornbos Bill Storey LiDonna Floyd Billy Neal Kent Walston Steve Hamilton Mike Lovelady James Byers Brenda Warren Cheryl Dowden Bobby Kelly W. C. Sanderson Date Title Mayor Councilman — Ward 1 Councilman — Ward 2 Councilman — Ward 3 Councilman — Ward 4 City Manager City Secretary Police Chief Personnel Director Director of Public Works Fire Chief Building Official Librarian Cit y Treasurer Parks Director Present Absent I t 1 AN AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Qgi-ptda *,r, 093 THIS AGREEMENT entered into this o,)3 day of , 1994, by and between the City of Nederland, the City of Port Neches, the City of Groves, and Jefferson County, hereinafter referred to as the "member cities" and the "County "; 1 W I T N E S S E T H WHEREAS, the governing officials of the member cities and the County, political subdivisions of the State of Texas, desire to secure for each such city and the County the benefits of the exchange of goods and services; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That upon the request of a member city or the County, who is a party hereto each having goods and /or services, by the City Manager of said city or County Commissioner of said county, who is a party hereto, will supply to the requesting member city or County goods and /or services needed not to conflict with other projects of the participating member cities or County. 2. Any request for goods or services pursuant to this agreement is subject to the following conditions: a. Request should be made in advance in order that all activities can be scheduled by responding member city or County. b. Request for goods and /or services hereunder shall specify the amount and type of goods and /or services and number of personnel requested, and shall specify the location to which the goods and /or services are to be used, but the amount and type of goods and /or services furnished shall be determined by a representative of the responding member city or County. 1 3 M A c. Responding member city or County shall report to the supervisor in charge of requesting member city or County at the designated location. d. Responding member city or County shall be released by the requesting member city or County when the goods and /or services are no longer required or when the responding member city or County is needed within their own city or County. 3. Any civil liability related to the furnishing of goods and /or services is the responsibility of the requesting member city or County, in accordance with TEX. REV. CIV. STAT. ANN. art. 4413(32c). However, all claims for Workers' Compensation benefits arising out of this agreement shall be the sole responsibility of the party who is the general employer of the employee filing such claim. At no time shall the employees of the responding party be considered to be borrowed servants or on loan to the requesting party to this agreement. Not withstanding the terms of this paragraph, the responding member city or ' County shall hold the requesting member city or County harmless from all liability for injuries or damages to persons or property that might occur as a result of the act or omission of an act of the employees or servants of member city of County. 4. No member city or County shall be reimbursed by any other member city or County for costs incurred pursuant to this agreement. 5. All equipment used by responding member city or County in carrying out this agreement will, at the time of action hereunder, be owned by it; and all personnel acting for said member city or County under this agreement will, at the time of such action, be an employee of said member city or County. 6. It is further agreed by and between the parties hereto that either party shall have the right to terminate this 2 1 D agreement upon thirty (30) days written notice to the other parties hereto. 7. This agreement is made pursuant to TEX. REV. CIV. STAT. ANN. art. 4413(32c), commonly referred to as the Interlocal Corporation Act. Effective date of this agreement shall be on the day of , 1994, and shall continue in full force and effect, unless otherwise terminated. CITY OF NEDERLAND CITY OF PORT NECHES Carl N. LeBlanc, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: G. C. Graham, Sr., Mayor ATTEST: Nancy Doise, City Secretary APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney H. P. Wright, City Attorney CITY OF GROVES JEFFERSON COUNTY Sylvester Moore, Mayor ATTEST: Gene K. Graham, City Clerk APPROVED AS TO FORM AND LEGALITY: Earl Black, City Attorney 3 ATTEST: APPROVED AS TO FORM AND LEGALITY: 095 STATE OF TEXAS § COUNTY OF JEFFERSON § CONTRACT AND AGREEMENT The City of Nederland, Texas (hereinafter referred to as "City ") and the Mid County Y.M.C.A. (hereinafter referred to as "Y.M.C.A.") have agreed and do hereby agree to sponsor a joint summer swimming instructional program. The parties hereto agree that for and in consideration of six hundred dollars ($600.00) paid to the City by the Y.M.C.A., the City will furnish the swimming pool located at Doornbos Park, 2400 Avenue H, Nederland, Texas, from May 31, 1994 through July 22, 1994. The time periods each day shall be from 10:00 a.m. to 12:10 1 p.m. Y.M.C.A. shall use the swimming pool for swimming instructions for their participants. ' As further consideration, Y.M.C.A. hereby contracts and agrees to the following: 1. Y.M.C.A. will pay all instructors. 2. Y.M.C.A. will carry liability insurance, naming the City of Nederland as loss payee, in at least the minimum amount of $300,000, and hereby agrees to furnish the City of Nederland a copy of said policy. 3. Y.M.C.A. hereby agrees to leave the swimming pool area in as "clean" a condition after each swimming session as it was before each swimming session. It is hereby agreed by the parties hereto that the Y.M.C.A. shall have control over all participants and all instructors in the swimming program. The beginning date of this contract shall be May 31, 1994 and the contract shall terminate on August 31, 1994. Parties hereto agree that the City of Nederland has no responsibility concerning this contract and the summer swimming program other than furnishing of the swimming pool. Witness our hands this a_3 day of , 1994. CITY OF NEDERLAND MID COUNTY Y.M.C.A. Carl N. LeBlanc, Mayor Ed Nantz, Director ATTEST: Labonna Floyd, ity Secretary APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney 1 1 o, .gym 098- PROCEDURES FOR CITIZENS OF NEDERLAND APPEARING AT COUNCIL MEETINGS Any request by a resident of the City of Nederland that requires Council action shall be made in writing and presented to the City Secretary. The City Secretary will notify the City Manager of the request and he shall attempt to satisfy the citizen's problem. If the City Manager cannot satisfy the citizen, the item WAI -1 be placed on the agenda at one of the next two Council meetings. If additional research is required, the citizen will be notified of the progress of his request in writing and a date that the item will appear on the agenda. 2. All residents of the City of Nederland who request to appear before the Council on matters that are not on the agenda of a Council Meeting, shall fill out an Information Card prior to the beginning of the meeting and these requests shall be called in order by the Chair at the beginning of the meeting. Each person shall be given three (3) minutes to discuss the item on the Information Card. The Chair may extend the time if Council feels they need additional information. If a question is presented to Council, said question will be answered by a member of the City Council or staff in writing within fifteen (15) days. After the question is answered in writing, the Council and /or staff member will not entertain the, same ' question. Information shall be presented to Council in general. The Chair may direct any question to a Council member or the City Manager. 3. Non - residents who wish to speak to Council will submit a request to the City Secretary at least one (1) week in advance of the Council meeting. The request will be in writing, giving the name and address of the non - resident and the subject he /she wishes to discuss. This section will not apply to those persons who have items appearing on the agenda, such as engineering contractors, etc. Non - residents who are recognized to speak will be given the same amount of time to speak as residents. A. When there are a number of people who wish to speak on the same subject, the Chair shall request that a spokesman be appointed from the whole group to speak. The speaker shall be allowed up to ten (10) minutes when representing a group, rather than hearing several people speak on the same subject. If a speaker representing the group cannot be agreed upon, then each person shall be given three (3) minutes to speak. The Chair may cut off debate when it is felt the issue at hand has been covered. 5. Improper references, disorderly conduct by persons addressing Council - any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language or engages in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct of any meeting, hearing or other proceedings, shall be called to order by the presiding officer and, if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further audience before the Council during that meeting. 6. No person in the audience shall engage in disorderly conduct such as handclapping, stamping of feet, whistling, using profane language, yelling, or similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on use of supplemental lighting for television and motion picture cameras shall be positioned to create the least amount of interference with, or disturbance of, Council proceedings and /or discomfort to the public. 8. The above procedures shall also be enforced when someone from outside the City wishes to address Council. I 1 M 100 i CITY OF NEDERLAND AN AMENDMENT TO ORDINANCE NO. 388 AN ORDINANCE ESTABLISHING A CURFEW BETWEEN THE HOURS OF 11:00 P.M. AND 5:00 A.M. FOR THE PERSONS UNDER THE AGE OF 17; FOR THE PURPOSE OF DISCOURAGING ACTS OF VANDALISM AND THEFT OF PUBLIC AND PRIVATE PROPERTY WITHIN THE CORPORATE CITY LIMITS OF NEDERLAND, TEXAS; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR VIOLATIONS THEREOF; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. It shall be unlawful for any person under the age of seventeen (17) years to idle, wander, stroll, play, or operate or be a passenger in a motor vehicle upon the public streets, highways, roads, alleys, parks, playgrounds, public places, public grounds and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 p.m. and 5:00 a.m. of the following day. The provisions of this section shall not apply to a minor accompanied by his parent, guardian or other adult person having the care and custody of the minor or to a minor who is upon an emergency errand or legitimate business directed by his parent, guardian or other adult person having the care and custody of the minor. Section 2. It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of 17 years to knowingly permit such minor to idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places and places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 11:00 p.m. and 5:00 a.m. of the following day; 101 having the care and custody of the minor. Each violation of the provisions of this Section shall constitute a separate offense. Section 3. A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. Section 4. ' This Ordinance shall become effective after its publication and passage at a regularly scheduled meeting of the City Council of the City of Nederland, Texas. PASSED by the CITY COUNCIL of the CITY OF NEDERLAND the - , day of � O ie , 1994. 1 ^ Y arl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: `iaDonna Floyd, CSecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: (1 W. E. Sanderson, City Attorney City of Nederland, Texas however, that provided, the provisions of this Section do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this Section shall constitute a separate offense. Section 3. A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. Section 4. ' This Ordinance shall become effective after its publication and passage at a regularly scheduled meeting of the City Council of the City of Nederland, Texas. PASSED by the CITY COUNCIL of the CITY OF NEDERLAND the - , day of � O ie , 1994. 1 ^ Y arl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: `iaDonna Floyd, CSecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: (1 W. E. Sanderson, City Attorney City of Nederland, Texas 102 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 13, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the May 23, 1994 meeting as written. All Voted Aye. PROCLAMATION Mayor LeBlanc presented Mary Naizer, St. Anne K.J.L.T. #122, with a proclamation declaring June 8 -14, 1994 as "Fraternal Week" in Nederland, Texas. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve a proclamation I declaring June 8 -14, 1994 as "Fraternal Week" in Nederland, Texas. All Voted Aye. RESOLUTIONS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to table approving Resolution 1994 -06, whereby the City of Nederland becomes a party in the class action suit filed by the City of Port Arthur against Southwestern Bell. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to approve Resolution 1994- 07 declaring the City of Nederland's intent to reimburse certain expenditures made in advance of the issuance of tax - exempt obligations. All Voted Aye. CONTRACTS & A motion was made by Mayor LeBlanc and seconded by AGREEMENTS Councilman Paulus to approve an interiocai agree- ment between the cities of Nederland, Port Neches and Groves and Jefferson County for the exchange of goods and services. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the lease agreement between the City of Nederland and the Nederland Heritage Festival Foundation for lease of a portion of the Heritage Pavilion. All Voted Aye. Minutes continued, June 13, 1994 CONTRACTS & Johnny Shaw, Nederland Heritage Festival Foundation, AGREEMENTS thanked the Council for approving the lease (CONT.) agreement and for the City's support during the annual event. A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve a- contract between the City of Nederland and King Bethune, Inc. (Parkway Village Mobile Homes Park) for providing potable water and treatment of sanitary sewer. All Voted No. A motion was made by Councilman Paulus and seconded by Councilman Moss to table approving a contract between the City of Nederland and Newton & Company for providing potable water. All Voted Aye. BUDGET A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve an amendment to the 1993 -94 budget by increasing Wastewater Treatment Department - Fixed Plant & Equipment by $12,000.00 and decreasing Wastewater Treatment Department - Chemicals & Insecticides, and Sludge Management by $6,000.00 each for the purpose of replacing a sludge pump at the Wastewater Treatment Plant. All ' Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize payment to KSA Engineers, Inc. in the amount of $1,120.00 for engineering services during the bidding phase of the Water Treatment Plant project. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment of the bills for the month of May, 1994. All Voted Aye. EXECUTIVE At 6:48 p.m. Mayor LeBlanc announced that the City SESSION Council would convene into an Executive Session for the purpose of discussing pending litigation, City of Nederland vs. DuPont - Beaumont Works, as authorized by Texas Government Code, Chapter 551.071. RECONVENE The regular meeting was reconvened at 9:24 p.m. by Mayor LeBlanc. Mayor LeBlanc announced that the discussion on pending litigation, City of Nederland vs. DuPont - Beaumont Works, was for informational purposes only. 103 144 Minutes continued, June 13, 1994 ADJOURN There being no further business, the meeting was adjourned at 9:27 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, tity Secretary City of Nederland, Texas 1 1 6- -i3 -9y Date 05 :... �4.:.:...:.:....:.:. ,A ..:.............. . .:.::.::...... ..... ...:........::...:. Name Title Present Absent Carl N. LeBlanc Mayor t/ Melvin L. Moss Councilman — Ward 1 V/' Will F. Schroeter Councilman — Ward 2 W. Ceyril Paulus Councilman — Ward 3 1� Billy W. Doornbos Councilman — Ward 4 Bill Storey City Manager 1/ LaDonna Floyd City Secretary Billy Neal Police Chief Kent Walston Personnel Director Steve Hamilton Director of Public Works MI Mike Lovelady Fire Chief James Byers Building Official Brenda Warren Librarian Cheryl Dowden City Treasurer Bobby Kelly Parks Director W. B. Sanderson Cit Attorney / Mayor 6- -i3 -9y Date 05 106 Proclamation 1 WHEREAS, the president of the National Fraternal Congress of America, an affiliation of 98 fraternal benefit societies and approximately 10 million members, has designated June 8 through 14, 1994, as FRATERNAL WEEK, and WHEREAS, the fraternal benefit system performs many educational religious, charitable and patriotic activities through its societies and local units, and WHEREAS, the local units of these societies and their members render great service to our state and nation through civic and patriotic projects, and , WHEREAS, the fraternal benefit societies have long proclaimed their patriotism and celebrate Fraternal Week through special observance of Flag Day, June 14, and are a part of the National Flag Day Foundation, and WHEREAS, the National Fraternal Congress of America calls upon leaders of all its societies to apprise the nation of the ideals and objectives of the fraternal benefit system and to unite in observation of Fraternal Week and Flag Day, NOW, THEREFORE, I Carl N. "Cropo" LeBlanc Mayor of the City of Nederland , do hereby proclaim June 8 through 14, 1994, as Fraternal Week and call upon citizens to lend their support and show their appreciation of the contributions made by the fraternal benefit system. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the City of Nederland this 13 day of June , 1994. CITY OF NEDERLAND RESOLUTION NO. 1994 -07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, DECLARING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES MADE IN ADVANCE OF THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS. RECITALS 1. The City of Nederland, Texas (the "Issuer ") is a political subdivision of the State of Texas, and a municipal corporation operating as a home rule city. 2. The Issuer intends to make additional capital expenditures for freshwater supply plant and system construction and improvements (the "Expenditures ") , and desires to announce its intent to seek reimbursement for such Expenditures, and currently desires and expects to reimburse the Expenditures with proceeds of tax - exempt debt to be incurred hereafter for such purpose. 3. Under Treas. Reg. § 1.150 -2 (the "Regulation "), to fund such reimbursement with proceeds of tax - exempt obligations the Issuer (or a person designated by the Issuer) must declare its reasonable expectation ultimately to make such reimbursement before making the Expenditures. 4. The Issuer desires to preserve its ability to reimburse the Expenditures with proceeds of tax - exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND THAT: 1. The Issuer reasonably expects to reimburse the Expenditures with proceeds of debt hereafter to be incurred by the Issuer in a principal amount which the Issuer expects will not exceed $2,000,000, and that this resolution constitutes a declaration of official intent under the Regulation. RESOLVED BY THE CITY'�SOUNCIL OF THE CITY OF NEDERLAND, TEXAS, this l,3 day of UC" , 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDOnna Floyd, dity Secretary City of Nederland, Texas 11 107 108 AN AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § THIS AGREEMENT entered into this /3 day of , 1994, by and between the City of Nederland, the City of Port Neches, the City of Groves, and Jefferson County, hereinafter referred to as the "member cities" and the "County "; W I T N E S S E T H WHEREAS, the governing officials of the member cities and the County, political subdivisions of the State of Texas, desire to secure for each such city and the County the benefits of the exchange of goods and services; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That upon the request of a member city or the County, who is a party hereto each having goods and /or services, by the City Manager of said city or County Commissioner of ' said county, who is a party hereto, will supply to the requesting member city or County goods and /or services needed not to conflict with other projects of the participating member cities or County. 2. Any request for goods or services pursuant to this agreement is subject to the following conditions: a. Request should be made in advance in order that all activities can be scheduled by responding member city or County. b. Request for goods and /or services hereunder shall specify the amount and type of goods and /or services and number of personnel requested, and shall specify the location to which the goods and /or services are to be used, but the amount and type of goods and /or services furnished shall be determined by a representative of the responding member city or County. 1 109 2 c. Responding member city or County shall report to the supervisor in charge of requesting member city or County at the designated location. d. Responding member city or County shall be released by the requesting member city or County when the goods and /or services are no longer required or when the responding member city or County is needed within their own city or County. 3. Any civil liability related to the furnishing of goods and /or services is the responsibility of the requesting member city or County, in accordance with TEX. REV. CIV. STAT. ANN. art. 4413(32c). However, all claims for Workers' Compensation benefits arising out of this agreement shall be the sole responsibility of the party who is the general employer of the employee filing such claim. At no time shall the employees of the responding party be considered to be borrowed servants or on loan to ' the requesting party to this agreement. Not withstanding the terms of this paragraph, the responding member city or County shall hold the requesting member city or County harmless from all liability for injuries or damages to persons or property that might occur as a result of the act or omission of an act of the employees or servants of member city of County. 4. No member city or County shall be reimbursed by any other member city or County for costs incurred pursuant to this agreement. 5. All equipment used by responding member city or County in carrying out this agreement will, at the time of action hereunder, be owned by it; and all personnel acting for said member city or County under this agreement will, at the time of such action, be an employee of said member city or County. 6. It is further agreed by and between the parties hereto that either party shall have the right to terminate this 2 110 agreement upon thirty (30) days written notice to the other parties hereto. 7. This agreement is made pursuant to TEX. REV. CIV. STAT. ANN. art. 4413(32c), commonly referred to as the Interlocal Corporation Act. Effective date of this agreement shall be on the day of , 1994, and shall continue in full force and effect, unless otherwise terminated. CITY OF NEDERLAND th Carl N. LeBlanc, Mayor ATTEST: vLiDOnna Floyd, tity Secretary APPROVED AP TO FORM AND 7;4-� W. E. Sanderson, City Attorney CITY OF PORT NECHES G. C. Graham, Sr., Mayor ATTEST: Nancy Doise, City Secretary APPROVED AS TO FORM AND LEGALITY: H. P. Wright, City Attorney CITY OF GROVES JEFFERSON COUNTY Sylvester Moore, Mayor ATTEST: Gene K. Graham, City Clerk APPROVED AS TO FORM AND LEGALITY: Earl Black, City Attorney 3 ATTEST: APPROVED AS TO FORM AND LEGALITY: 1 1 1111 LEASE AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON On this the 13 day of Jun e 1994, the CITY OF NEDERLAND (hereinafter referred to as "LESSOR ") and the NEDERLAND HERITAGE FESTIVAL FOUNDATION (hereinafter referred to as "LESSEE ") have entered into the following contract and agreement, to -wit: LESSEE is desirous of leasing the enclosed portion (rear) of the Nederland Heritage Festival Pavilion located on Boston Avenue in Nederland, Texas for a period of twenty (20) years. THEREFORE, in and for the consideration of One Dollar ($1.00) per year, LESSOR agrees to lease to LESSEE the enclosed portion (rear) of the Nederland Heritage Festival Pavilion. The term of this lease shall be for a period of twenty (20) years beginning the date this lease is executed. It is agreed by both parties hereto that, upon written notice to either the CITY OF NEDERLAND or to the NEDERLAND HERITAGE FESTIVAL FOUNDATION, either party may terminate this lease by giving four- years' notice. It is agreed by both parties hereto that LESSEE shall use the leased premises for clerical purposes and storage of properties and supplies of the LESSEE. LESSEE hereby agrees to not interfere with the use of the Nederland Heritage Festival Pavilion not herein ' leased. It is agreed by both parties hereto LESSEE will be responsible for all necessary maintenance and repairs to said leased premises and shall hold the CITY OF NEDERLAND harmless for all damages done to the property or person of any party. LESSEE agrees to provide liability insurance coverage in the amount of $500,000.00 and shall furnish the LESSOR with a copy thereof. At the termination of this lease agreement, LESSEE agrees to return the premises to the LESSOR in as good as or in better condition than the premises was at the beginning of this agreement. WITNESS OUR HANDS this / 3 day of `/t,,4,? , 1994. CITY OF NEDERLAND ATTESTED: By: h .� City Secretary Printed ame: or N. L,& j3/car Title: McLgor API'RO VJiD: City Attorney NEDERLAND HERITAGE FESTIVAL FOUNDATION By: L P _ P W ame: e rr, Title: foundation P etI.,de '/- 112 EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 12:30 p.m. June 16, 1994 MEETING The meeting was called to order at 12:30 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Schroeter. EXECUTIVE Mayor LeBlanc announced at 12:32 p.m. that the City SESSION Council would convene into Executive Session for the purpose of discussing pending litigation (City of Nederland vs. DuPont - Beaumont Works) as authorized by Texas Government Code, Chapter 551.071. RECONVENE The emergency meeting was reconvened at 1:01 p.m. I by Mayor LeBlanc. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. ADJOURN There being no further business, the meeting was adjourned at 1:02 p.m. by Mayor LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ``Donna , City Secretary City of Nederland, Texas 113 Mayor Date 114 6:00 p.m. MEETING QUORUM REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 27, 1994 The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached. The invocation was given by Steve Hamilton, Director of Public Works. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the June 13 and 16, 1994 meetings as written. All Voted Aye. ELECTION A motion was made by Councilman Schroeter and seconded by Councilman Paulus to elect Billy W. Doornbos as Mayor pro tempore in accordance with Section 3.07 of the City Charter. All Voted Aye. PUBLIC HEARING A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize a Public Hearing to be held July 11, 1994 at 6:00 p.m. for the purpose of discussing the Texas Community Develop- ment Block Grant Program. All Voted Aye. STREETS & Mark Raines, 1011 Shaw Drive, ask the Council to SIDEWALKS consider a request from he and his neighbors living on Shaw Drive to close their street on July 3, 1994 from 5:00 p.m. to 11:00 p.m. for the purpose of having a block party. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the closure of Shaw Drive on July 3, 1994 from 5:00 p.m. to 11:00 p.m. All Voted Aye. DEVELOPMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve the Planning and Zoning Commission's recommendation to deny the request to replat Lots 9 & 10, Block 9, Koelemay Addition. All Voted Aye. f' 1 Minutes continued, June 27, 1994 ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Ordinance No. 1994- 04, noise ordinance. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve Ordinance No. 1994- 05, authorizing publication of notice of intention of the City of Nederland to issue certificates of obligation to fund the costs of a new Water Treat- ment Plant and certain other costs related and incidental thereto. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Moss to approve an Amendment to Ordinance No. 107, traffic ordinance. All Voted Aye. CONTRACTS & A motion was made by Councilman Doornbos and AGREEMENTS seconded by Councilman Schroeter to remove from the table approval of a contract between the City of Nederland and Newton & Company. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve a contract between the City of Nederland and Newton & ' Company for providing potable water. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve a contract between the City of Nederland and King Bethune, Inc. for providing potable water and treatment of sanitary sewer. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve a contract with Browning- Ferris Industries, Inc. for landfill services for the cities of Nederland, Port Neches, and Groves (M.C.M.L.) After a discussion all voted no. BUDGET A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve amendments to the 1993 -1994 budget as follows: Finance Department - transfer $3,840.00 from Contractual Services to Extra Help and $570.00 from Auditing & Accounting to General Office Supplies. All Voted Aye. 115 116 Minutes continued, June 27, 1994 PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve payment to KSA Engineers, Inc. in the amount of $560.00 for engineering services during the bidding phase of the Water Treatment Plant project. All Voted Aye. EXECUTIVE At 6:58 p.m. Mayor LeBlanc announced that the City SESSion Council would convene into Executive Session for the purpose of discussing personnel appointments as authorized by Texas Government Code, Chapter 551.074. RECONVENE The regular meeting was reconvened at 11:59 p.m. by Mayor LeBlanc. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve the following appoint- ments: Billy Neal, Police Chief and Assistant Emergency Management Coordinator - 12 months; LaDonna Floyd, City Secretary - 12 months; Cheryl Dowden, City Treasurer - 12 months; Mike Lovelady, Fire Chief /Fire Marshal - 6 months; Richard Hughes, City Judge - 1 month; Jerry McNeill, Emergency Management Coordinator - 1 month; and, Larry , Dowden, Acting City Attorney - 1 month. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to appoint Bill Quick, Joe Sudela, C. J. Schexnaider, Robert Sawyer and Rebecca Caddy to the Planning and Zoning Commission for a 2 -year term; and, Guy Barlow, JoAnn Rienstra, John Fisher, Kenneth Mitchell and R. A. Mannino to the Zoning Board of Appeals for a 2 -year term. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned at 12:02 a.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Donna Floyd, City Secretary City of Nederland, Texas 1 117 +1 : H ti 1 ..; Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward l ✓ Will L. Schroeter Councilman — Ward 2 W. Ce ril Paulus Councilman — Ward 3 Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager ✓ LaDonna Floyd City Secretary / Billy Neal Police Chief ✓ Kent Walston Personnel Director ✓ Steve Hamilton Director of Public Works ✓ Mike Lovelady Fire Chief James Byers Building Official ✓ Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director ✓ W. F. Sanderson City Attorney Mayor Secretary Date 118 CITY OF NEDERLAND ORDINANCE NO. 1994 -04 AN ORDINANCE REGULATING LOUD AND UNREASONABLE NOISE WITHIN THE CORPORATE CITY LIMITS OF NEDERLAND, JEFFERSON COUNTY, TEXAS; FOR THE PURPOSE OF MAINTAINING ORDER AND PEACE IN, NEAR AND AROUND PRIVATE DWELLINGS AND OTHER PUBLIC STREETS AND PLACES WITHIN THE CORPORATE CITY LIMITS OF NEDERLAND, JEFFERSON COUNTY, TEXAS; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR VIOLATIONS THEREOF; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. It shall be unlawful for any person to allow, cause or create unreasonable or loud noise, music or sound in a public or private place, which noise, music or sound by its very presence tends to incite a disturbance or immediate breach of the peace. Section 2. ' A person commits an offense if, within the corporate limits of the City of Nederland, they knowingly, intentionally or recklessly allow, cause or create an unreasonable or loud noise, music or sound to be heard in a place where that noise, music or sound would be considered as offensive by a person of ordinary prudence and sensibilities or incite a disturbance or immediate breach of the peace by means of: A. Audible transmitting device; B. Speakers, bull horns, whistles, instruments, bells or similar devices; C. Vehicles through exhaust noise, horns, whistles, transmitting devices, etc.; D. Screaming, shouting or other verbalization deemed unreasonable and offensive; E. Permitting any animal or bird owned, possessed, kept or harbored to cause frequent or long continuing noise; F. All other noises, both natural or created, which tends to offend, harass, or disturb any person. A person does not commit an offense under this section if the noise, music or sounds allowed, caused or created is from emergency vehicles, emergency alarms, functions authorized by the City of Nederland or Nederland Independent School District, construction or repair operations between 6:00 a.m. and 9:00 p.m., or emergency construction and repair operations. Section 3. A person who violates a provision of this ordinance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed Five Hundred Dollars ($500.00). Section 4. This ordinance shall become effective after its publication and passage at a regularly scheduled meeting of the City Council of the City of Nederland, Texas. PASSED by the CITY COUNCIL of the CITY OF NEDERLAND the _Z1_ day of dune , 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDOnna Floyd, City Secretary City of Nederland, Texas APPROVEp AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas u 119 120 CITY OF NEDERLAND ORDINANCE NO. 1994 -05 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF INTENTION OF THE CITY OF NEDERLAND, TEXAS TO ISSUE CERTIFICATES OF OBLIGATION TO FUND THE COSTS OF A NEW WATER PLANT AND CERTAIN OTHER COSTS RELATED AND INCIDENTAL THERETO. THE STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF NEDERLAND § WHEREAS, the City Council of the City of Nederland, Texas, deems it advisable to issue Certificates of Obligation to fund the costs of a new water plant and certain other costs related and incidental thereto, in accordance with the Notice hereinafter set forth, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the form attached hereto as "Exhibit All and made a part hereof. Section 3. The notice set forth in "Exhibit All to this Ordinance shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the City of Nederland, the date of the first publication to be not less than fourteen (14) days prior to the date set in said notice for the issuance of Certificates of Obligation. Section 4. The Mayor, City Secretary, and other officers of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Ordinance. Section 5. This Ordinance shall take effect immediately upon its passage. PASSED, APPROVED, AND ADOPTED this 27th day of June, 1994. ATTEST: `. Li LaDonna Floyd, City Secretary City of Nederland, Texas r 1 rl L� -2- Carl N. LeBlanc, Mayor City of Nederland, Texas 121 I 22 EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NEDERLAND CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Nederland, Texas (the "City "), shall convene at 6:00 p.m. on the 25th day of July, 1994 at its regular meeting place in the City Office Building, 1400 Boston Avenue, Nederland, Texas, and during such meeting, such City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $2,000,000 for the purpose of paying contractual obligations to be incurred (1) for the acquisition, construction, and equipping of a new water plant at 17th Street and Canal Avenue, and (2) for professional services. The certificates of obligation will be payable from the levy of an annual ad valorem tax, within the limits prescribed by law, upon all taxable property within the City and from a pledge of certain available net revenues derived from the operation of the City's water and sewer system. The certificates of obligation are issued, and this notice is given, under and pursuant to the provisions of Texas Local I Government Code Section 271.049, as amended. Carl N. LeBlanc, Mayor / City of Nederland, Texas I, I LJ 129 D AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES OF FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS, AND REPEALING ALL ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH. BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE 1. SECTION 11. STREETS, ETC., DEFINED (d) SIDEWALK. That portion of the street between the curb lines, and the adjacent property line intended for the use of pedestrians and all other areas designed for pedestrians use which are not clearly marked for other use. ARTICLE VIII. SECTION 67. VEHICLES SHALL NOT BE DRIVEN ON A SIDEWALK. The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway. No vehicle, skateboards, bicycles, or roller skates shall be driven, ridden, or operated upon any sidewalk in any public park. ARTICLE XVI. SECTION 122. PENALTIES. It is a misdemeanor for any person to violate any of the provisions of this ordinance unless another penalty is expressly provided by law. Every person convicted of a misdemeanor for violation of any of the provisions of this ordinance, for which another penalty is not provided, shall be punished by a fine of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). ARTICLE XVII. SECTION 133. EFFECTIVE DATE This amendment to the ordinance shall become effective after it's publication and passage at a regularly scheduled meeting of the City Council of the City of Nederland, Texas. 11�� PASSED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND the n day of J1,(4�_, 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDOnna Floyd, City Secretary City of Nederland, Texas APPROVES TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City 0 f Nederland, Texas 124 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON S This agreement made and entered into by and between the CITY OF NEDERLAND, a municipal corporation in Jefferson County, Texas, and Countryside Estates, Newton and Company (d /b /a Newton and Company). W I T N E S S E T H: I. The City of Nederland (hereinafter referred to as "City "), subject to and upon the terms and conditions hereinafter set forth agrees to furnish to Newton and Company (hereinafter referred to as "Company "), potable water, and Company hereby agrees to pay for such potable water under the terms of this contract, at the rate provided for below. ' II. The term of this contract shall be for a period of five (5) years from the effective date of this contract, unless sooner terminated according to the terms hereof. III. A minimum rate of $60.00 shall be assessed for the first 20,000 gallons. All usage in excess of the first 20,000 gallons shall be based on the following rate: $1.80 per 1,000 gallons for water and $0.25 per 1000 gallons for maintenance charge. The following shall serve as an example for deriving the utility bill based on a consumption average of 3,229,000 gallons: Average consumption for a given month: 3,229,000 gallons Less base rate of 20,000 gallons 20,000 gallons 3,209,000 gallons Base rate for the first 20,000 gallons = $60.00 125 All over 20,000 gallons will be $1.80 per 1,000 water 3,209 @ $1.80 = $5,776.20 All over 20,000 gallons will be $0.25 per 1,000 maintenance 3,209 @ $0.25 = $ 802.25 Total Bill $6,638.45 It is the intention of the parties to this agreement that the City shall charge for all usages over 20,000 gallons (Per 1,000) throughout the term of this contract $.05 per thousand gallons of water more than the charge of commercial water customers inside the City limits of Nederland as specified in City of Nederland Ordinance No. 155 and the charge as set out herein shall be amended and effective upon the effective date of any subsequent amendment to Ordinance No. 155 which may hereafter be approved by the City Council of the City of Nederland, Texas. I IV. In consideration of the terms set forth above, Company will provide all labor, material, insurance, and contingencies necessary to maintain and operate the water system from and including the water meter. That the facilities will be constructed in accordance with the City of Nederland Ordinances; and further, that permits shall be procured and inspections provided for residential or commercial taps in accordance with Ordinance No. 155 and Plumbing Code. V. The City shall furnish Company with monthly statements and same shall be due and payable within fifteen (15) days after the postmark date of bill each month. The City shall thereafter have the right to cease delivery of potable water under this contract by giving Company ten (10) days prior written notice by registered 126 mail for Company's failure to pay for said potable water services billed thereunder. VI. The Company shall agree to permit fire equipment of the City of Nederland to connect to fire hydrants and flushing valves within the system for the purpose of extinguishing fires, and further agree to provide the necessary water for performing such fire fighting duties; however, this provision shall not jeopardize the future charging by the City of Nederland of Jefferson County and /or Newton and Company, for providing such fire fighting service when- ever provisions for such changes may be provided for. VII Company, as part of its consideration of this contract, agrees 1 that the City, its agents and representatives, shall have (and it is hereby granted) the privilege and permission to inspect any taps ' in connection with the service rendered by Company to its customers. Company covenants, binds and obligates itself that all connections and other plumbing hereafter installed in this system shall meet and conform to the minimum requirements of the City and the Texas State Board of Health. Conversely, the City binds itself to furnish to Company potable water of the same quality that it delivers to its customers within its corporate limits. Failure of Company to correct any violation of this paragraph VII within thirty days (30) after receipt of written notice from the City of said violation, shall give the City the right to terminate this contract. VIII. It is further understood and agreed that the City shall not be liable to Company nor its customers for failure to furnish potable 127 water under this contract if such failure is caused by fire, strike, riots, lockouts, storms, drought, war or any act of God or the destruction or breakdown from any cause whatsoever, or by reason of insufficient treating capacity. IX. The parties hereto agree that it is the duty of the City to furnish potable water to its own residents first and that the rights of Company under this contract are subordinate to the needs of the customers within the corporate limits of the City of Nederland, Texas. X. In the event the City, during the term of this contract, shall be unable to furnish sufficient amounts of potable water for the use and needs of Company or its customers, then it is agreed that ' this contract may be terminated by Company, and that such potable water may be purchased from any other available source. XI. Annexation of the territory served by Company by the City shall give the City the right to terminate this contract. XII. This contract shall be subject to all valid rules and laws applicable hereto passed or promulgated by the United States, the State of Texas, and any municipal or other governmental body or agency having jurisdiction hereof. XIII. This contract shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns. 128 .s IV. This contract shall become effective upon the execution by the parties hereof. IN WITNESS WHEREOF, Newton and Company, and the City of Nederland, Texas respectively, during a legally convened meeting of the governing body thereof, have entered into and caused this contract to be signed in duplicate originals on this the / day of �/ un e , 19 ". CITY OF NEDERLAND, TEXAS ATTEST: DgL, a (:�S&4c� LaDonna Floyd, City Secretary Newton And Company By: Name: Title: ATTEST: Secretary Approved As To Form And Legality: City Attorney "Company" L 1 129 THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON 5 This agreement made and entered into by and between the CITY OF NEDERLAND, a municipal corporation in Jefferson County, Texas, and KING BETHUNE, INC., a California corporation. W I T N E S S E T H: I. The City of Nederland (hereinafter referred to as "City "), subject to and upon the terms and conditions hereinafter set forth agrees to furnish to King Bethune, Inc. (hereinafter referred to as "King Bethune "), potable water and the treatment of household and commercial sewage, and King Bethune hereby agrees to pay for such ' potable water and treatment service under the terms of this contract, at the rate provided for below. II. The term of this contract shall be for a period of five (5) years from the effective date of this contract, unless sooner terminated according to the terms hereof. III. A minimum rate of $13.70 for the first 2000 gallons shall be assessed on 95% of the total occupancy available. All usage in excess of the first 2000 gallons of 95% of the total occupancy shall be based on the following rate: $1.80 per 1,000 gallons for water; $0.65 per 1000 gallons for sewer; and $0.50 per 1000 gallons for maintenance charge. The following shall serve as an example for deriving the utility bill based on a consumption average of 1,168,000 gallons: 1 3 0 Average consumption for a given month: 1,168,000 gallons Base rate on 95% occupancy and contingencies 215 total occupancy x .95 = 204 sewer infiltration 204 units x 2000 = 408,000 - 408,000 gallons collection system free from infiltration from the mobile home site 760,000 gallons 204 minimums x $13.70 for the first 2000 gallons $2,794.80 All over 2000 gallons will be $1.80 per 1000 water 760 @ $1.80 = $1368.00 All over 2000 gallons will be $0.65 per 1000 sewer 760 @ $0.65 = $ 494.00 All over 2000 gallons will be $0.50 per 1000 maintenance 760 @ $0.50 = $ 380.00 Total Bill $5,036.80 It is the intention of the parties to this agreement that the City shall charge for all usages over the prescribed minimums throughout the term of this contract $0.05 per thousand gallons of water more than the charge of commercial water customers inside the ' City limits of Nederland as specified in City of Nederland Ordinance No. 155 and the charge as set out herein shall be amended and effective upon the effective date of any subsequent amendment to ordinance No. 155 which may hereafter be approved by the City Council of the City of Nederland, Texas. IV. In consideration of the terms set forth above, King Bethune will provide all labor, material, insurance, and contingencies necessary to detect and correct any and all sewer infiltration detectable with smoke testing methods and maintain a sewer collection system free from infiltration from the mobile home site 131 to the sewer tap on the City's main line located on Canal Street, Nederland, Texas. V. The City shall furnish King Bethune with monthly statements and same shall be due and payable within fifteen (15) days after the postmark date of bill each month. The City shall thereafter have the right to cease delivery of potable water and treatment of sewage under this contract by giving King Bethune ten (10) days prior written notice by registered mail for King Bethune's failure to pay for said potable water and sewage services billed thereunder. VI. King Bethune, as part of its consideration of this cont =act, agrees that the City, its agents and representatives, shall have (and it is hereby granted) the privilege and permission to inspect the sanitary sewers in connection with the service rendered by King Bethune to its customers. King Bethune covenants, binds and obligates itself that all sewer connections and other plumbing hereafter installed in this system shall meet and conform to the minimum requirements of the City and the Texas State Board of Health. Conversely, the City binds itself to furnish to King Bethune potable water and sewage treatment of the same quality that it delivers to its customers within its corporate limits. Failure of King Bethune to correct any violation of this paragraph VI within thirty days (30) after receipt of written 132 notice from the City of said violation, shall give the City the right to terminate this contract. VII. It is further understood and agreed that the City shall not be liable to King Bethune nor its customers for failure to furnish potable water and /or sewage treatment under this contract if such failure is caused by fire, strike, riots, lockouts, storms, drought, war or any act of God or the destruction or breakdown from any cause whatsoever, or by reason of insufficient treating capacity. VIII. The parties hereto agree that it is the duty of the City to furnish potable water and sewage treatment to its own residents first and that the rights of King Bethune under this contract are ' subordinate to the needs of the customers within the corporate limits of the City of Nederland, Texas. IX. In the event the City, during the term of this contract, shall be unable to furnish sufficient amounts of potable water and treatment for the use and needs of King Bethune or its customers, then it is agreed that this contract may be terminated by King Bethune, and that such potable water and treatment may be purchased from any other available source. x. Annexation of the property owned by King Bethune by the City shall give the City the right to terminate this contract. The 133 sewer lift station and force main shall automatically become the property of the City of Nederland. XI. This contract shall be subject to all valid rules and laws applicable hereto passed or promulgated by the United States, the State of Texas, and any municipal or other governmental body or agency having jurisdiction hereof. XII. This contract shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns. XIII. This contract shall become effective upon the execution by the parties hereof; IN WITNESS WHEREOF, King Bethune, Inc., and the City of Nederland, Texas respectively, during a legally convened meeting of the governing body thereof, have entered into and caused this contract to be signed in duplicate originals on this the ? day of 19%1 CITY OF NEDERLAND, TEXAS ATTEST: `-LaDonna Floyd, (City Secretary 134 ATTEST: Secretary App ov d To Form And Legality: City Attorney KING BETHUNE, INC. By: Name: Title: "King Bethune" 1 1 135 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 12:00 p.m. July 2, 1994 MEETING The meeting was called to order at 12:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the minutes of the June 27, 1994 meeting as written. All Voted Aye. ELECTION A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve an Order Calling Election and Ordinance No. 1994 -06, authorizing an election to be held August 13, 1994 for the purpose of submitting to the resident qualified electors of the City of Nederland the proposition for the adoption of an additional one -half of one percent sales and use tax within the City to be used for promotion and development of new and expanded business enterprises and any other purpose authorized by Section 4B, Article 5190.6, V.T.C.S., as amended. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned at 12:12 p.m. by Mayor Carl N. LeBlanc. /'�, ILA 'a�� 1 eBlanc, Mayor City of Nederland, Texas ATTEST: — I L" aLa LaDonna Floyd, ity Secretary City of Nederland, Texas 136 Mayor � -a. -gY Date rY L 137 CITY OF NEDERLAND ORDINANCE NO. 1994 -06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, ORDERING AN ELECTION ON ADOPTION OF AN ADDITIONAL ONE -HALF OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY TO BE USED FOR PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AND ANY OTHER PURPOSE AUTHORIZED BY SECTION 4B, ARTICLE 5190.6, V.T.C.S., AS AMENDED, (THE DEVELOPMENT CORPORATION ACT OF 1979); PROVIDING FOR THE LOCATION OF THE MAIN EARLY POLLING PLACE; PROVIDING FOR NOTICE OF ELECTION AND ORDAINING OTHER RELATED MATTERS. WHEREAS, pursuant to Section 4B(d), Development Corporation Act of 1979 (Article 5190.6, V.T.C.S.), the City Council is authorized to call an election on the adoption of an additional one -half of one percent sales and use tax within the City to be used for the promotion and development of new and expanded business enterprises and all other purposes authorized by Section 4B, Development Corporation Act of 1979 (Article 5190.6, V.T.C.S.) ; and I WHEREAS, the City Council desires to call an election upon the adoption of such additional sales and use tax: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. An election is hereby ordered to be held within the City of Nederland, Texas, on Saturday, August 13, 1994, at the City Hall at 1400 Boston Avenue, Nederland, Texas. Section 2. That at such election the following proposition shall be submitted to the qualified voters of the City of Nederland, Texas, in accordance with law: Proposition The adoption of an additional one -half of one percent sales and use tax to be used for any purpose authorized by Section 4B, Article 5190.6, V.T.C.S., as amended, (The Development Corporation Act of 1979), including but not limited to projects for the promotion and development of new or expanded business enterprises, including a project to provide public safety facilities, streets and roads, drainage and related improvements, demolition of existing structures, general municipally owned improvements, as well as any improvements or facilities that are related to any of those projects and any other project that promotes or develops new or expanded business enterprises, as well as projects required or suitable for use for professional and amateur sports, athletic, entertainment, tourist, convention, and public park purposes and events including stadiums, ball parks, auditoriums, amphitheaters, concert halls, learning centers, parks and park facilities, open space improvements, municipal buildings, museums, exhibition facilities, and related store, restaurant, concession, and automobile parking facilities, related area transportation facilities, and related roads, streets, 138 and water and sewer facilities and other related items that enhance any of those items. Section 3. The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the proposition, with the ballots to contain such provisions, markings and language as required by law, and with the proposition to be expressed substantially as follows: The adoption of a sales and use tax at the rate of one -half of one percent to be used for the promotion and development of new or expanded business enterprises and any other purpose authorized by Section 4B, Article 5190.6, V.T.C.S., as amended, (The Development Corporation Act of 1979). For the Proposi Against the Proposit Section 4. Early voting by personal appearance shall be conducted each weekday between the hours of 8:00 a.m. and 5:00 p.m. in the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. The period for early voting by personal appearance shall begin July 25, 1994 and continue through August 9, 1994. The City Secretary shall act as the main early voting clerk. Section 5. The City Secretary is hereby authorized and I instructed to provide and furnish all necessary election supplies to conduct said election. Section 6. The Mayor shall give notice of this election in accordance with the terms and provisions of Chapter 4 of the Election Code and returns of said notice shall be made as provided in said Chapter 4, and the Mayor shall issue all necessary orders and writs for said election to include appointment of an election judge, clerks, early voting clerk and special Early Ballot Board and returns of said election shall be made to the City Council immediately after the closing of the polls. PASSED AND ADOPTED this _� day of JuL4 , 1994. ATTEST: -LdDo na Floyd, City Secretary APP VED AS TO P I Larry Dowden Acting City Attorney Carl N. LeBlanc, Mayor 139 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 11, 1994 MEETING The meeting was called to order at 6:03 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the minutes of the special meeting of July 2, 1994 as written. All Voted Aye. PROCLAMATIONS Mayor LeBlanc presented a proclamation to Lee Poulter and Sue Parsley of Star Enterprises declaring July 11 -18, 1994 as "Star Enterprise Week" in Nederland, Texas. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve a proclamation declaring July 11 -18, 1994 as "Star Enterprise Week" in Nederland, Texas. All Voted Aye. PUBLIC HEARING The regular meeting was recessed at 6:08 p.m. by Mayor LeBlanc. A Public Hearing was called to order at 6:08 p.m. by Mayor LeBlanc for the purpose of discussing the Texas Community Development Block Grant Program as administered by the Texas Department of Housing and Community Affairs. Mr. Randy Blanks, David J. Waxman, Inc., explained the procedure necessary to be eligible to receive a grant to be used for water and sewer improvements in low to moderate income neighborhoods. Several citizens voiced concern that this grant would be for providing Section 8 housing. The Council and Mr. Blanks insured the citizens that this was not for Section 8 housing, but for existing homes in the Hill Terrace area. 140 Minutes continued, July 11, 1994 Mr. Blanks went on to explain that the deadline for submitting the grant application is September 21, 1994 and that it will be necessary to hold another Public Hearing sometime in August. There being no further questions and /or comments the Public Hearing was adjourned at 6:40 p.m. by Mayor LeBlanc. RECONVENE The regular meeting was reconvened at 6:40 p.m. by Mayor LeBlanc. RESOLUTIONS Bill Storey, City Manager, presented to the Council the proposed budget for the fiscal year beginning October 1, 1994 and ending September 30, 1995. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve Resolution 1994- 09 accepting the City of Nederland General Budget for Fiscal Year 1994 -1995 and calling for a Public Hearing to be held at 6:00 p.m. July 25, 1994 for the purpose of approving this budget in the proposed or amended form as per Article VII of the City Charter. All Voted Aye. A motion was made by Councilman Schroeter and ' seconded by Councilman Moss to approve Resolution 1994 -08 appointing Mrs. Jeanne Green, Election Judge, and Mrs. Winifred Morgan, Alternate Election Judge, for the Special Election to be held August 13, 1994. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to remove from the table approving Resolution 1994 -06 whereby the City of Nederland becomes a party in the class action suit filed by the City of Port Arthur against Southwestern Bell Telephone. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Paulus to approve Resolution 1994 -06 whereby the City of Nederland becomes a party in the class action suit filed by the City of Port Arthur against Southwestern Bell Telephone. After a discussion, all voted No. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize the City of Nederland to enter into a contract with Coastal Securities, Ltd. for financial advisory services. All Voted Aye. 14 Minutes continued, July 11, 1994 CONTRACTS A motion was made by Councilman Schroeter and (CONT.) seconded by Mayor LeBlanc to authorize the City of Nederland to enter into a contract with Davis Brinson for labor relations services. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to remove from the table approving a contract with Browning- Ferris, Inc. for landfill services. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve a contract with Browning- Ferris, Inc. for landfill services for the cities of Nederland, Port Neches, and -Groves Groves (M.C.M.L.) All Voted Aye. BIDS A motion was made by Councilman Schroeter and seconded by Councilman Moss to authorize advertisement of bids to be received September 12, 1994 for General Liability, Workers' Compensation, and Auto Liability Insurance. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to authorize advertise- ' ment of bids to be received August 8, 1994 for one (1) car for the Police Department. All Voted Aye. FINANCE A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve payment of the bills for the month of June, 1994. All Voted Aye. EXECUTIVE At 7:27 p.m. Mayor LeBlanc announced that the City SESSION Council would convene into Executive Session for the purpose of discussing personnel appointments as authorized by Texas Government Code, Chapter 551.074. RECONVENE The regular meeting was reconvened at 9:14 p.m. by Mayor LeBlanc. APPOINTMENTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to appoint Richard Hughes as the City Judge until June 30, 1995. All Voted Aye. COMMUNICATIONS Bill Storey, City Manager, reported to the Council that he had received a letter from T.N.R.C.C. relative to the abandoned self service station on 142 i Minutes continued, July 11, 1994 the corner of 34th Street and Nederland Avenue in which they stated that from their stand point there are no problems associated with this property. Mr. Storey added that the property was taken over by a bank and it now appears that the bank is going out of business. He will report back to the Council with any further developments concerning this location. ADJOURN There being no further business, the meeting was adjourned at 9:20 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: onnaFd,' City Secretary City of Nederland, Texas 1 n 143 r�L DU- % -!( -5q to ... .. . .c: ; .: ............... :.:..:..:::...: . u .:.:....... : .:.:..::...:..... . Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilmen — Ward 1 ✓ Will B. Schroeter Councilman — Ward 2 �✓ W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager ,✓ LaDonna Floyd City Secretar ✓ Billy Neal Police Chief �✓ Kent Walston Personnel Director Steve Hamilton Director of Public Works t✓ Mike Lovelady Fire Chief James Byers Building Official ,✓ Brenda Warren Librarian Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director ✓ L,arry Dowden Acting City Attorne ✓ Mayor % -!( -5q to 144 69t'nda "106 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid- Jefferson County, Texas V�i�iGGG' O�WW- c///GC(/i' /" Proclamation .1r,' 9-eg3lawc, �� ucLlue o�! /o aeel /eo2il� �na9lecl i�a ono. as ./Lla�Jat o�l /ee �6'ifiJ o�� %do2laoza; �irerca do'io2ela� gtwla m dl � 77 48, 799 .da in 61us Wily - 1_42W -W wd, Y_w, wid 1,0:7e each rmcd "my Vw'v'an V arr2 ��ifi� 10 2ecaJauoJ'la/r �izldi�i2Wo icx l /eeLt c�'�o2f4 to�i�auido l/o y"At o1./1eddo w,d cai1� �ra/cradle cao� o2ionco.. d - la9li��w�vrJ ro/oteol, railmeao -my lra"rd wid %'cal olllw WM o1.1Yed&4wtd 1146 6o 141 clay a��rGJ; 49A/ of R. alcr��o2 Wily vl olledoW-ul, .GTaraa .�,6ledl• ��i1� ./'eo2e1a2� 1 RESOLUTION 1994 -9 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, 1994 AND ENDING SEPTEMBER 30, 1995. 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, 1994 and ending September 30, 1995; 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 6:00 p.m., July 15, 1994, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED by the City Council at its regular meeting this the 11th day of July, A.D., 1994. ATTEST: �Qr nrt n, LaDOnna Floyd, Citly Secretary City of Nederland, Texas Carl N. "Cropoll LeBlanc, Mayor City of Nederland, Texas 1451 146 u RESOLUTION 1994 -08 WHEREAS, Section 32.008 of the Texas Election Code, Order of Appointment, states that the appointment of election precinct judges must be made by written order; and WHEREAS, Section 87.002 of the Texas Election Code, Appointment of Judges of Early Voting Ballot Board and Central Counting Station, states that the appointment of a presiding judge for the board is appointed in the same manner as a precinct judge and the other members are appointed in the same manner as election clerks; and WHEREAS, Section 127.005 of the Texas Election Code 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, CARL N. LEBLANC, MAYOR, CITY OF NEDERLAND, TEXAS: Hereby appoint Jeanne Green as the Election Precinct Judge and Presiding Judge for the Early Voting Ballot Board; Winifred Morgan as the Alternate Election Precinct Judge and Alternate Judge for ' the Early Voting Ballot Board; and, LaDonna Floyd to serve as Presiding Judge at the Central Counting Station for the City of Nederland Special Election to be held Saturday, August 13, 1994. PASSED AND APPROVED at a regular meeting of e City Council of the City of Nederland this the 11 day of , 1994. ATTEST: C-4111011", \. Xjei of T,aDonna Floyd, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 1 147 CONTRACT FOR FINANCIAL ADVISORY SERVICES The City of Nederland County of Jefferson This Contract for Financial Advisory Services (the "Contract ") is made as of July 11 , 1994 by and between the City of Nederland (the "City") and Coastal Securities Ltd ( "Coastal "). Recitals 1. The City is contemplating the sale of debt obligations from time to time in amounts to be determined for various purposes. 2. This Contract shall apply to any and all evidences of indebtedness or debt obligations that may be authorized and issued or otherwise created or assumed by the City ( "Obligations ") from time to time during the time in which the Contract shall be effective. 3. The City has retained a recognized firm of municipal bond attorneys ('Bond Counsel ") who will prepare the proceedings and advise the steps necessary to be taken in the legal issuance ' and final delivery of Obligations and who will issue an opinion approving the legality of such Obligations. Now, therefore, in consideration of the promises and other good and valuable consideration and of the mutual benefits, covenants and respective agreements hereinafter set forth and expressed, the City and Coastal agree as follows: Coastal will serve as Financial Advisor to the City in connection with the sale of Obligations by the City and in such capacity Coastal will perform those services normally performed by financial advisors, and such other services as, in our judgment, may be necessary or advisable including, as follows, to: 1. Provide our professional services and our facilities as Financial Advisor and agree to direct and coordinate all programs of financing as may be considered and authorized while the contract is in effect. 2. Review the financial resources of the City in order to devise a plan of financing, a maturity schedule for each issue of Obligations, options of prior payment and other such matters of a financial nature, all in order to issue Obligations under terms and conditions most advantageous to the City consistent with a minimum effective interest rate. M CONTRACT FOR FINANCIAL ADVISORY SERVICES CITY OF NEDERLAND Attend meetings, as requested by the City, in connection with the sale of the Obligations; 4. Advise the City of current bond market conditions, forthcoming bond issues and other general information and economic data which might be normally expected to influence bids and interest rates and to recommend the best method of sale, the date and conditions for sale; 5. Coordinate the preparation of the offering documents approved for use in the sale of the Obligations (the "Offering Documents ") containing information and data ordinarily found in such documents and to arrange for the publication and distribution of the Offering Documents. The Offering Documents shall be approved by the City upon or prior to the sale of the Obligations; 6. Recommend the advisability of obtaining a credit rating or ratings and coordinate the preparation of such information required for submission to the rating agencies. Where the advisability of personal presentation of information to the rating agencies is appropriate, arrange for such personal presentations and be represented at such presentations. 7. Represent the City at the sale of the Obligations by negotiating with the underwriter(s) to ensure the bonds are sold on favorable terms and conditions or, if bonds are sold at competitive sale, tabulate the bids and make a recommendation as to the best bid; ' 8. Coordinate with Bond Counsel to make appropriate arrangements for the delivery of the Obligations to the purchaser and underwriter; 9. Perform such other duties as are customary in the performance of financial advisory services as necessary, in the judgement of Coastal, or as requested by the City. II The City, in consideration of the services to be performed by Coastal, agrees to pay a fee to be computed in accordance with Exhibit A. Such fee shall become due and payable as soon as practicable after delivery of the Obligations. The City also agrees to pay the costs set out in Exhibit A. III With the consent of the City, it is further understood and agreed that Coastal reserves the right, alone or in conjunction with others, to submit a bid for any Obligations issued under the 149 CONTRACT FOR FINANCIAL ADVISORY SERVICES CITY OF NEDERLAND Contract, which the City advertises for competitive bids. In compliance with Rule G -23 of the Municipal Securities Rulemaking Board, Coastal will request consent to bid in writing, in any instance wherein we elect to bid, prior to submitting a bid for each installment of Debt Obligations. IV This Contract shall become effective at the date of acceptance by the City set out herein and below and may be terminated with or without cause by the City upon thirty (30) days' written notice. In the event of such termination, it is understood and agreed that only the amount due to Coastal for services provided and expenses incurred to the date of termination will be due and payable. No penalty will be assessed for termination of this Contract. V In Witness Whereof, the parties hereto have caused the Contract to be signed in duplicate originals as of the date and year specified herein. COASTAL SECURITIES LTD. , By: ; Jam F. illey Part r CITY OF NEDERLAND, TEXAS COUNTY OF JEFFERSON 9 By: FA Y-W" City Secretary DATE ACCEPTED: July 11, 1994 APPR VED AS TO F RM ,_) LEGALITY: Larry Dowden, fRetIng City Attorney 150 CONTRACT FOR FINANCIAL ADVISORY SERVICES CITY OF NEDERLAND M-Iffi T A FEESCHEDULE The fee for each issue of debt obligations will be as follows: Under $500,00011 $7,750 II 1 $500,000 to $750,00011 $8,500 II 1 $750,000 to $1,000,00011 $10,000 II Over $1,000,000 1 $10,000 plus $3.75 per $1,000 1� EXPENSE ITEMS Expenses incurred shall be paid as follows: Preparation, printing and distribution Issuer of Offering Documents and accompanying documents Reports of independent consultants Issuer Information meetings Issuer Rating Fees Issuer Travel to rating meetings Issuer Travel to state or federal agency meetings Issuer Verification of calculations Issuer Printing of Debt Instruments Issuer Delivery of Debt Instruments Issuer Computer and Structuring fee for Advance Refunding Issues Issuer �J 1 1 151 CONTRACT FOR PROFESSIONAL SERVICES Between the City of Nederland and Davis Brinson The Consultant (Davis Brinson) hereby agrees to provide Labor Relations Services to the City of Nederland (Client). The Consultant's time and expertise are the factors generating the fees to be paid by the Client. The Client agrees that, at the Consultants discretion, all time spent by the Consultant working for the Client will be billed to the Client. In return, the Consultant agrees to be reasonable and charge only necessary fees. The Client agrees to compensate the Consultant for the rendering of his services at an hourly rate(s) specified herein. When engaged in bargaining sessions, meeting with City Bargaining Team members, or any other designated City official(s) or staff member(s), while participating in any related arbitration session or legal proceeding, or while meeting with or in discussion with any union /association representative(s), the fee shall be $100.00 per hour. hile involved in the analysis of proposals submitted to the W City by the union /association, and the review, research and development of recommended City proposals /counterproposals, the fee shall be $75.00 per hour. While engaged in telephone conversation related to the work to be accomplished, the fee is to be $75.00 per hour, except for telephone conversation with an individual from the opposing side, in which case the rate shall be $100.00 per hour. While traveling by personal automobile to perform services to the Client, the fee shall be $50.00 per hour for travel time. The Client shall also pay for actual mileage at the rate of $.25 per mile. Included shall be travel to the Clients designated location and the Consultants place of residence. The minimum billing unit for all services shall be 1/4 hour, except that the minimum billing unit for time spent at the Clients designated location shall be two (2) hours. In addition to the Consultants fees specified herein for services rendered, the Client agrees to reimburse the Consultant for related and necessary actual expenses incurred, such as, any travel expenses (other than those specifically referred to herein), overnight lodging (including meals), photocopies, postage, office supplies, telephone and fax charges and courier expenses. The Client agrees that any court reporter charges and fees, court costs and legal fees, fees for any other professional services or experts that may be called upon by the Client to provide specialized 152 Page 2 of 2 - Contract for Professional Services - Davis Brinson services, data or information, and any expenses for electronic recording equipment, are the sole responsibility of the Client to pay directly. The Consultant will provide the Client with an itemized billing statement at least monthly. The Client agrees to pay the full amount of the billing statement within fifteen (15) days after receipt. The Consultant agrees that the Client may discharge the Consultant at any time. The Client agrees that the Consultant may discontinue provision of his services at any time. APPROVED BY THE CITY COUNCIL ON THIS 11 DAY OF JULY , 1994. CITY OF NEDERLAND CONSULTANT Carl N. LeBlanc, Mayor ATTEST: jr-nLn. �Jnj d LaDonna Floyd, bity Secretary AS TO FORM -71W LEGALITY: , Acring City Attorney Davis Brinson 1 153 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 25, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Acting City Attorney Larry Dowden. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the minutes of the July 11, 1994 meeting as written contingent upon changing the word "insured" to "assured" under the Public Hearing item. All Voted Aye. EXECUTIVE An Executive Session was called to order at 6:03 SESSION p.m. by Mayor LeBlanc as authorized by Texas Government Code, Chapter 551.074, for the purpose of discussing personnel appointments. RECONVENE The regular meeting was reconvened at 6:53 p.m. by Mayor LeBlanc and he announced that the Executive Session was held for informational purposes only and that no action was necessary. PUBLIC The regular meeting was recessed and a Public HEARING Hearing was called to order at 6:54 p.m. for the purpose of receiving comments relative to the Fiscal Year 1994 -1995 budget. Bill Storey, City Manager, gave an overview of the proposed budget which outlined each department. He added that in order to fund the upcoming sale of bonds an additional $.25 will need to be added to the water rates. Mr. Storey also stated that the cost of providing recycling services to the citizens is not included in this budget and if City is to continue this program the cost will have the to be passed on to the customers. He informed the Council that the State is considering requiring cities to provide recycling in the near future. 154 Minutes continued, July 25, 1994 PUBLIC There being no further questions and /or comments the HEARING (CONT) Public Hearing was adjourned at 7:55 p.m. by Mayor LeBlanc. RECESS Mayor LeBlanc called for a short recess. PUBLIC A Public Hearing was called to order at 8:08 p.m. by HEARING Mayor LeBlanc for the purpose of receiving comments relative to the City participating in the Texas Parks and Wildlife Department Grants Program. Steve Hamilton, Director of Public Works, explained that a Nederland citizen has agreed to donate a piece of property to be used as a city park, therefore, the City is submitting a grant application to the Texas Parks and Wildlife Department for a matching grant. There being no further questions and /or comments the Public Hearing was adjourned at 8:16 p.m. by Mayor LeBlanc and the regular meeting was called back to order. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize a Public Hearing ' to be held August 8, 1994 for the purpose of discussing the effective tax rate for fiscal 1994- 1995. All Voted Aye. RESOLUTION A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Resolution 1994 -10 authorizing the City of Nederland to participate in the Texas Parks and Wildlife Department Grants Program. All Voted Aye. SPECIAL A motion was made by Councilman Doornbos and MEETING seconded by Councilman Paulus to call a Special Meeting to be held August 15, 1994 for the purpose of canvassing the returns of the Special Election held August 13, 1994. All Voted Aye. ORDINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve an Ordinance authorizing the issuance of Tax and Revenue Certificates of Obligation, Series 1994. All Voted Aye. Jim Gilley, Coastal Securities, presented the Council with a summary of the bond transaction. Mr. Gilley added that these bonds will be repaid from 1997 to 2010 with water revenues. Minutes continued, July 25, 1994 COMMUNICATION Bill Storey, City Manager, reported that three city employees have received letters of commendation - Earnest Adaway, Randy Sonnier, and Ole' Lewis. Mr. Storey also reported that he will report back to the Council on the Bell Telephone Company class action suit. He added that to date the City of Groves has not joined in the suit, but the City of Port Neches has. ADJOURN There being no further business, the meeting was adjourned at 8:43 p.m. by Mayor Carl N. LeBlanc. C lan 6, -Mayo City of Nederland, Texas ATTEST: "LhDonna Floyd, City Secretary ' City of Nederland, Texas LJ 155 1.5b -T C? NED .AND GC)T.X+TCILETN�i ::., Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward 1 Will F. Schroeter Councilman — Ward 2 t� W. Ceyril Paulus Councilman — Ward 3 ✓/ ✓ Billy W. Doornbos Councilman — Ward 4 Bill Storey City Manager LaDonna Plod City Secretar ✓ Billy Neal Police Chief Kent Walston Personnel Director ✓ Steve Hamilton Director of Public Works Mike Lovelady Fire Chief ✓/ James Byers Building Official ✓ Brenda Warren Librarian / Cheryl Dowden City Treasurer ✓ Davj'c itat-4 Act ^_g Parks Director Larry Dowden Acting City Attorney or Secretary Date 1 [I 15 RESOLUTION 1994 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT ", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT ", FOR THE PURPOSE OF PARTICIPATING IN THE GRANT PROGRAMS; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAMS; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PUBLIC RECREATIONAL USES. WHEREAS, the United States Congress has passed the Land & Water Conservation Fund Act of 1965 (Public Law 88 -578) for outdoor recreation purposes; and WHEREAS, the Texas Legislature has approved the Parks & Wildlife Code, Section 13.309 authorizing the State of Texas, and its political subdivisions, to participate in the federal program established under said Public Law 88 -578; and WHEREAS, the Texas Legislature has approved the Parks & Wildlife Code, Section 24.005 for the purpose of allowing the political subdivisions of the State of Texas to participate in the Texas Recreation & Parks Account Program; and WHEREAS, the "Applicant" is fully eligible to receive assistance under these programs; and WHEREAS, the "Applicant " is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Department" concerning these Programs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That the "Applicant" hereby certifies that they are eligible to receive assistance under these Programs. SECTION 2: That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the "Applicant" hereby authorizes and directs its Director of Public Works to act for the "Applicant" in dealing with the "Department" for the purpose of these programs, and Steve Hamilton is hereby officially designated as the representative in this regard. SECTION 4: The "Applicant" hereby specifically authorizes the official to make application to the "Department" concerning tht site to be known as Rienstra Park in the City of Nederland for use as a park site. That Rienstra Park is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public outdoor recreation purposes in perpetuity. Introduced, read and passed by the affirmation vote of the City Council of the City of Nederland on this day of 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 153 J SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 4, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Schroeter. EXECUTIVE At 6:03 p.m. Mayor LeBlanc announced that the City SESSION Council would convene into Executive Session for the purpose of discussing personnel appointments as authorized by Texas Government Code, Chapter 551.074. RECONVENE The special meeting was reconvened at 7:07 p.m. by Mayor LeBlanc. ' Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. ADJOURN There being no further business, the meeting was adjourned at 7:07 p.m. by Mayor LeBlanc. C lanc, Mayor City of Nederland, Texas ATTEST: Floyd) Floyd, City Secretary City of Nederland, Texas 1 15 8 -y -9H Date ..:.... i:::... .:.... .... C;3 .T. v, "{.`6 +. i`.% rik.:., . {•a.,.v:.'<:.q' `. v. .` yvvv:. .:.a�':�;':%fC.:'•.,;::'9.: }. :. Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward 1 ✓ Will E. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager L.aDonna Floyd City Secretar ✓ Billy Neal Police Chief ✓ Kent Walston Personnel Director ✓ NSteve Hamilton Director of Public Works ✓/ Mike Lovelady Fire Chief ✓ James Byers Building Official Brenda Warren Librarian Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director .L,arry Dowden Acting City Attorney Mayor iiy Secretary 8 -y -9H Date 160 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 8, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Wayne McLemore, Hillcrest Baptist Church. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Doornbos to approve the minutes of the July 25, 1994 meeting as written contingent upon changing "citizen" to "area resident" under the Public Hearing item. All Voted Aye. COMMENTS Carrie Duhon, 1404 Jackson, spoke to Council I regarding city employee wages. Bobbie VanAuken, 2423 Nederland Avenue, spoke to Council regarding open government and city records. REQUESTS James Riley, OCAW 4 -228, addressed Council relative to authorization of payroll deduction for union dues for city employees. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize payroll deduction of OCAW 4 -228 union dues for city employees. All Voted Aye. Wayne McLemore, Hillcrest Baptist Church, requested from the Council that the City fund the lowering of an existing sewer line on Park Drive to service their new church. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize the City to participate in the lowering of the existing sewer line on Park Drive to service the new Hillcrest Baptist Church. Councilman Paulus moved to rescind the main motion. Minutes continued, August 8, 1994 A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to table authorizing the City to participate in the lowering of the existing sewer line on Park Drive to service the new Hillcrest Baptist Church. All Voted Aye. The Council asked that a work shop be held with members of the Church Building Committee immediately preceding the Special Meeting on August 15, 1994. PUBLIC HEARING A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize a Public Hearing to be held at 5:30 p.m. August 22, 1994 for the purpose of discussing the Texas Community Development Block Grant Program. All Voted Aye. TAX ROLL A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the appraisal roll as certified by the Jefferson County Appraisal District. All Voted Aye. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Ordinance No. 1994 -07, an appropriation ordinance adopting a budget in accordance with Article VII in the Charter of the City of Nederland. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve Ordinance No. 1994 -08, adopting a tax rate of $.70 per $100 valuation for the fiscal year beginning October 1, 1994 and ending September 30, 1995. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Ordinance No. 1994- 09, sign ordinance. All Voted Aye. BIDS Bill Storey, City Manager, opened and read bids received for one 1994 4 -door police car and /or one 1994 4 -door car to be used by the Police Department. Bidders were as follows: JK Chevrolet, Nederland, TX - $14,458 /each; David Self, Winnie, TX - $14,471 for car and no bid on police car; Philpott, Port Neches, TX - $14,893 /each; and, Energy Country, Port Arthur, TX - $15,125 for car and $14,280 for police car. The bids were referred back to the City Manager and staff for tabulation and recommendation. 161 162 Minutes continued, August 8, 1994 A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to award bid for construction of a Water Treatment Plant to Allco, Inc. in the amount of $4,326,100.00. All Voted Aye. CITY SERVICES A motion was made by Councilman Doornbos and seconded by Councilman Moss to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Councilman Moss to authorize payment to KSA Engineers, Inc. in the amount of $1,120.00 for engineering services during the bidding phase of the Water Treatment Plant project. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Paulus to approve payment of the bills for the month of July, 1994. All Voted Aye. EXECUTIVE At 7:09 p.m. Mayor LeBlanc announced that the City SESSION Council would convene into Executive Session as ' authorized by Texas Government Code for the purpose of discussing personnel (Chapter 551.074); acquisition of land (Chapter 551.071); and pending litigation (Chapter 551.071). RECONVENE The regular meeting was reconvened at 9:25 p.m. by Mayor LeBlanc. Mayor LeBlanc announced that the acquisition of land and pending litigation were for informational purposes only and that the personnel appointments will be acted on later in this meeting. RESOLUTION A motion was made by Councilman Doornbos and seconded by Councilman Paulus to table Resolution 1994 -06 whereby the City of Nederland becomes a party in the class action suit filed by the City of Port Arthur against Southwestern Bell Telephone Company. All Voted Aye. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to appoint Rod Hatch, Building Official, as the City of Nederland's representative on the Southeast Texas Regional Electrical Cert- ification Board. All Voted Aye. Minutes continued, August 8, 1994 A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to appoint Richard Hughes as the City Attorney; and, Tony Humphrey as the Water Treatment Plant Project Representative. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to appoint the following persons to the Economic Development and Planning Committee: Sue Parsley, Allen Ritter, Homer Nagel, Merinda Goyens, Mike Roebuck, Hayden White, John Borne, Betty Dixon, Johnny Shaw, and John Keating. All Voted Aye. COMMUNICATION Councilman Paulus stated that he has been unable to attend any of the South East Texas Regional Planning Commission meetings and suggested someone else may be interested in taking his place. Councilman Moss responded that he will try to attend the meetings. Councilman Doornbos reported that there are many areas that still need to be cleaned up from the recent street program. ADJOURN There being no further business, the meeting was adjourned at 9:34 p.m by Mayor LeBlanc. ATTEST: a orb nna Floyd, City Secretary City of Nederland, Texas r] Carl ff B a c, May r City of Nederland, Texas 1631 Secretary Y -,9 — R Date 1 1 1 ..... 1WD:�R�.. ; n <> :::::..... :::.!; ..................... ....n..:.f,..::::: }v..:........ n;...:...nvv.:..:...... ... n.v... y.,?::, .:;,t.: .:. v....... <xv. uty }:.. ,a ... .. ....:. :: w{ i.`::.:::::.�:::::::.:::::. }'.; ........................ ... f�A.. ... v. �..* :v ... .... ........ ......}.x:::.,.i.n�fv. n.....x..:. n \•Arh.. .:. ... .v:. }?r.,.,.�.>v v.. t..?.. �.:..\.:.::::.:.:.................:::::::::::::::......... :::.::;;.: }:��::':. ^.::::::�:�: q� �y ...... .. 0.. va ../n...t •. .. .,.. »xv .:.::...... ..?>;; 1;;;:?;;: t ;:/:::�:;::;:: }::; >;;h:2:,2::: iii;;;} ii:.^. ;i:;;::::::::::�:::�:;:.::.;::: ..............::::: Name Title Present Absent Carl N. LeBlanc Mayor VII Melvin L. Moss Councilman — Ward 1 Will E. Schroeter Councilman — Ward 2 W. Ceyril Paulus Councilman — Ward 3 Billy W. Doornbos Councilman — Ward 4 Bill Storey City Manager La Donna Floyd City Secretary Billy Neal Police Chief t/ Kent Walston Personnel Director Steve Hamilton Director of Public Works Mike Lovelad Fire Chief Roc( Hafol unci James Byers . t t' le( l'n ORLc.taf Building &cial Brenda Warren Librarian Cheryl Dowden City Treasurer 17. Cwicl zo.l,la1 d -B Parks Director / Larry Dowden Acting City Attorney Y! Mayor Secretary Y -,9 — R Date 1 1 1 1 16 ORDINANCE NO. 1994 -07 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1994, AND ENDING SEPTEMBER 30, 1995, IN ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, in accordance with Article VII, Section 7.02 of the City Charter prior to July 15, the City Manager prepared and presented a city budget itemizing estimated revenues and appropriations to the City Council; and, WHEREAS, in accordance with Section 102.006 of the Texas Local Government Code and Article 29e, Texas Revised Civil Statutes, Section 7.06 of the City Charter, after notice was published not more than 30 days nor less than 10 days prior to the Public Hearing, said Public Hearing was held by the City Council on the proposed budget July 25, 1994, said budget having been on file for public inspection more than 15 days before the date of said hearing and more than 30 days before the City Council makes its tax levy for said fiscal year, as required by Sections 102.006 and 102.05, respectively, of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' Section 1 - GENERAL FUND. That there be and is hereby appropriated the sum of Four million, five hundred forty -four thousand, six hundred eighty -seven dollars and no cents ($4,544,687.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 29,950 b. Legal 26,805 c. City Manager 206,357 d. Finance 164,810 e. Personnel 122,045 f. City Hall Building 79,889 g. Police 1,419,457 h. Fire 734,691 i. Fire Volunteers 7,200 j. Inspections 109,591 k. Public Works Administration 116,896 1. Street Department 813,344 m. City Shop 120,950 n. Parks & Recreation 340,294 o. Library 219,949 p. Other Requirements 32,459 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, five hundred forty -eight thousand, two hundred sixteen dollars and no cents ($1,548,216.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of Two million, seven hundred seventy -two thousand, four hundred twenty dollars and no cents ($2,772,420.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: 166 a. Water Treatment $ 712,577 b. Billing /Collections 253,623 c. Wastewater Treatment 505,224 d. Water & Sewer Distribution 409,358 e. Water & Sewer Line Maintenance 214,744 f. Other Requirements 676,894 Section 4 - SOLID WASTE FUND. That there be and is hereby appropriated the sum of Eight hundred seventy -eight thousand, six hundred three dollars and no cents ($878,603.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 5 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of Twenty -four thousand two hundred dollars and no cents ($24,200.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 6 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Twenty -nine thousand, five hundred dollars and no cents ($29,500.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 7 - MID - COUNTY MUNICIPAL LEAGUE DISPATCHING FUND. That there be and is hereby appropriated the sum of Three hundred thirteen thousand, two hundred forty -one dollars and no cents ($313,241.00) to the Mid - County Municipal League Dispatching Fund for the payment of operating expenses and necessary capital outlay. ' Section 8 - MID - COUNTY MUNICIPAL LEAGUE SOLID WASTE FUND. That there be and is hereby appropriated the sum of Thirty eight thousand, one hundred twenty -three dollars and no cents ($38,123.00) to the Mid - County Municipal League Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 9 - HOTEL /MOTEL FUND. That there be and is hereby appropriated the sum of Fifty -eight thousand, six hundred forty - four dollars and no cents ($58,644.00) to the Hotel /Motel Fund for the payment of operating expenses and necessary capital outlay. Section 10 - AMENDMENTS. That the City Manager's proposed budget is adopted as provided in section 1 through 9 with the following amendments: As per Attachment A THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1994, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1994 and ending September 30, 1995, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. THAT the budget for the 1994 -95 fiscal year be increased for valid outstanding encumbrances of the 1993 -94 fiscal year. THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Secretary shall file a true copy of this ordinance and said budget with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT this being an ordinance not requiring publication it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE S DAY OF AUGUST, A.D., 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: �" �L.� - �����,4j� La Donna Floyd, City Secretary City f Nederland, Texas APPRO ED AS TO FO AND LEGALITY: City Attorney 1 1 16 168 LINE ITEM APPROPRIATION CHANGES ' BUDGET ORDINANCE - ATTACHMENT A Amendment #1 Amend General Fund Contingency and provide funds for Change Library Janitorial Services in the amount of $6,000.00. Amendment 92 Amend General Fund Fire Department Salaries and Income 4110 provide additional funds for Training in the amount 1,406,188 1,204,498 of $4,293.00 Amendment #3 Amend General Fund Current Tax Revenue and Transfers Transfer In 109,248 In to provide funds for bonded debt in the amount of 201,690 $201,690.00 6110 Amendment #4 Amend Debt Service Fund Current Tax Revenue, 443,229 (4,293) Principal, and Interest Expense to provide funds for Fire Department 6333 bonded debt in the amount of $201,690.00 5,300 Amendment #5 Amend Water Fund Interest Expense ($220,112.00), Library Principal ($20,000.00), Transfers Out 201,690.00, Janitorial Sery 0 and Contingency $38,422.00 to provide funds for 6,000 bonded debt. 6406 Amendment #6 Amend Water Fund Water Service Income in the amount 22,365 (6,000) of $120,000.00 and Water Fund Contingency in the WATER FUND amount of $120,000.00 to provide funds for water service expansion. Amendment #7 Amend Solid Waste Fund Service Income and provide Water Service 1,377,000 funds for Recycling in the amount of $90,000.00. 120,000 LINE ITEM APPROPRIATION CHANGES ' Proposed Amended Change GENERAL FUND Income 4110 Current Taxes 1,406,188 1,204,498 (201,690) Other Require. 4910 Transfer In 109,248 310,938 201,690 Fire Department 6110 Salaries 447,522 443,229 (4,293) Fire Department 6333 Training 5,300 9,593 4,293 Library 6380 Janitorial Sery 0 6,000 6,000 Other Require. 6406 Contingency 28,365 22,365 (6,000) WATER FUND Income 4820 Water Service 1,377,000 1,497,000 120,000 Other Require. 6406 Contingency 0 120,000 120,000 Other Require. 6800 Interest exp. 390,980 170,868 (220,112) Other Require. 6801 Principal 85,000 65,000 (20,000) Other Require. 6902 Transfer Out 38,914 240,604 201,690 Other Require. 6406 Contingency 0 38,422 38,422 SOLID WASTE FUND Income 4840 Solid Waste 773,000 863,000 90,000 Solid Waste 6396 Recycling 0 90,000 90,000 DEBT SERVICE FUND Income 4110 Current Taxes 1,328,068 1,529,758 201,690 Debt Service 6800 Interest Exp. 420,256 596,946 176,690 Debt Service 6801 Principal 921,270 946,270 25,000 I u V as ORDINANCE NO. 1994 -08 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 1994, LEVYING AND ASSESSING TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND AND THE MUNICIPAL GOVERNMENT THEREOF; APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; AND PROVIDING FOR THE INTEREST AND SINKING FUND. WHEREAS, pursuant to the provisions of the Tax Code of the State of Texas, the tax assessment rolls to be used for the collection of taxes for the captioned year, wherein the value of all property situated within the City of Nederland, subject to ad valorem taxes for the tax year 1994, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $445,903,810; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: - That the tax assessment rolls furnished by the City's Tax Assessor - Collector, based upon the certified roll furnished by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $445,903,810, shall become the tax assessment rolls of the City of Nederland for the year 1994, less all exemptions provided by either State Law or City ordinance in ' the amount of $45,102,050. SECTION 2: - That there is hereby levied for the current year, 1994, and there shall be collected for the use and support of the municipal government of the City of Nederland, and to provide interest and sinking funds for the fiscal year ending September 30, 1995 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of seventy cents ($.70) on each one hundred dollars ($100) valuation of property; said tax being so levied and apportioned to the specific purposes hereinafter set forth: (a) For the maintenance and support of the general government (General Fund), 30.9 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 39.1 cents on each one hundred dollars ($100) valuation of property. SECTION 3: - The Jefferson County Tax Assessor - Collector (who, pursuant to contract, is the Tax Assessor - Collector for the City of Nederland) is hereby directed to prepare Tax Statements and proceed with the collections of the 1994 taxable year, and the amounts collected shall be deposited in the Depository of the City of Nederland, to be distributed in accordance with this Ordinance. SECTION 4: - That if any provision, section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall for any reason be held to be unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance; and to this end all provisions of this ordinance are declared to be severable. 1 APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF PASSED, NEDERLAND AT A REGULAR MEETING THIS THE _ P DAY OF AUGUST, A.D., 1991. ATTEST: � oyd, ity Secretary City of Nederland, Texas APPRO D AS TO F 7,ND LEGALITY: City A torney Carl N. LeBlanc, Mayor City of Nederland, Texas 1 CITY OF NEDERLAND ORDINANCE NO. 1994 -09 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, REGULATING ROAD SIGNS AND SIGNS UPON PUBLIC PROPERTY; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR VIOLATIONS THEREOF; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. ARTICLE I. ROAD SIDE SIGNS AND SIGNS UPON PUBLIC PROPERTY Section 1. Findings and Purpose The City Council finds and determines that the location of signs within and adjacent to public streets, roads and alleys, and at the intersections thereof constitutes an obstruction to the vision of drivers of motor vehicles and a menace to both vehicular and pedestrian traffic upon the public streets, requiring the adoption of reasonable regulations in the interest of the public health, safety and welfare. The City Council finds and determines that temporary signs of lightweight nondurable materials are subject to rapid ' deterioration, and, if not removed within a reasonable period of time following placement constitute a source of litter and debris hazardous to vehicular traffic upon the public streets and creating visual blight offensive to community standards. The City Council finds and determines that the continued display of special event signs following the conclusion of the event thereby advertised serves no useful purpose and constitutes visual blight offensive to community standards. The City Council further finds and determines that the regulations hereby adopted directly advance implementation of substantial governmental interests and reach no further than necessary to accomplish such objectives. Section 2. Definitions As used in this Article, the following terms shall have the following meanings: (a) The term "right -of -way" shall mean the area lying within the indicated or prescriptive public easement of any street, road or alley located within the City of Nederland, Texas, whether improved or not, including the sidewalk, ditches, drains, median and esplanade thereof. (b) The term "sign" shall mean any outdoor structure or display, billboard, poster, placard, handbill, flyer, painting or other similar object in any form whatsoever which contains printed or written matter in words, symbols, pictures, or any combination thereof, including but not limited to signs displaying political or commercial advertising. (c) The term "special event sign" shall mean any temporary sign which shall advertise or promote any meeting, event, gathering, function, entertainment or other activity scheduled for 1'72 a particular date or series of consecutive days. Such term shall specifically include political signs promoting the candidacy of any individual, or the passage or defeat of any proposition to be voted upon at an election ordered held or conducted by any unit of federal, state or local government. (d) The term "temporary sign" shall mean any sign not exceeding forty (40) square feet in face size which is constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials and is not permanently affixed to realty. (e) The term "visibility triangle" shall mean a triangle sight area, at all intersections, which shall include that portion of public right -of -way and any corner lot within the adjacent curb lines or pavement edges of intersecting streets, roads or alleys, and a diagonal line intersecting such curb lines or pavement edges at points thirty -five (35) feet back from their actual or projected point of intersection. (f) The term "visibility zone" shall mean the area adjacent to and within ten (10) feet of the exterior side of any curb line or pavement edge of any public street, road or alley, including any portion of such area lying outside the public right -of -way. Section 3. Signs on Public improvements in Streets Prohibited Except as otherwise provided by this Article, it shall be unlawful for any person to erect, post, affix or display any sign ' upon any pavement, median, esplanade, traffic island, curb, sidewalk, bridge, overpass, underpass, telephone pole, electric pole, traffic sign, standard, pole, post, or other improvements located within any public street or sidewalk of the City of Nederland, Texas. Section 4. Signs Within Street Right -of -Way Prohibited; Exceptions Except as provided by this section, it shall be unlawful for any person to erect, post affix or display any sign within the dedicated right -of -way of any public street, road or alley within the City of Nederland, Texas. The prohibition imposed by this section shall not be applicable to a temporary sign erected within the right -of -way which: (a) is located outside of an applicable visibility triangle or visibility zone associated with the adjacent public street, road or alley; (b) is not located between a sidewalk and the curb line or pavement edge of the adjacent public street, road or alley; (c) is not located between a parallel roadside ditch and the curb line or pavement edge of the adjacent public street, road or alley; and (d) is not erected upon, posted, affixed or displayed upon any public improvement in violation of Section 3 of this Article. (e) is placed on personal property with permission of the owner. q 3. 73 Section 5. Signs Within visibility Triangles and Zones Prohibited It shall be unlawful for any person to erect, post, affix or display any sign within: (a) a visibility triangle adjacent to the intersection of any two public streets, roads, or alleys within the City of Nederland, Texas; or (b) a visibility zone adjacent to any public street, road or alley within the City of Nederland, Texas. Section 6. Signs Prohibited on Other Public Property Except as provided by Section 4 of this Article, it shall be unlawful for any person to erect, post, affix or display any sign upon any property or improvements owned by the City of Nederland, Texas. Section 7. Continuous Display of Special Event signs Prohibited (a) It shall be unlawful for any person to erect, post, affix or display any special event sign at any location visible from the main travelled way of any public street, road or alley located within the City of Nederland, Texas, earlier than sixty (60) days prior to the date upon which the special event thereby promoted ' shall commence, or to permit the display of any such sign for more than fifteen (15) days following the date upon which such special event shall conclude. The period of display authorized for a sign advertising or promoting the political candidacy of an individual for whom a run -off election may be required shall be automatically extended and shall expire fifteen (15) days following the date of such run -off election. (b) It shall be unlawful for the owner, tenant or other person in control of any property upon which a special event sign may be erected, posted or affixed to permit the display of any such sign at a location which is visible from the main travelled way of any public street, road or alley located within the City of Nederland, Texas, earlier than sixty (60) days prior to the date upon which the special event thereby promoted shall commence, or later than fifteen (15) days following the date upon which such special event shall conclude. The period of display authorized for a sign advertising or promoting the political candidacy of an individual for whom a run -off election may be required shall be automatically extended and shall expire fifteen (15) days following the date of such run -off election. Section S. Removal of Certain Illegally Posted Temporary signs (a) Any temporary sign which may be erected, posted, affixed or displayed in violation of Sections 3, 4, 5, 6 or 7 of this Article may be removed and impounded by the Director of Public Works or any employee of the Department of Public Works acting on the instruction of the Director. All such signs shall be impounded for period of not less than thirty (30) days at a storage area designated by the Director for such purpose. Any sign so removed and impounded may be redeemed by the owner thereof upon payment of a removal and storage fee in the amount of Fifty Dollars ($50.00) for each such sign so redeemed. Such fee shall be in addition to, and not in lieu of, any fine imposed upon such owner for violation 174 of any provision of this Article. (b) The City Council finds and determines that temporary signs so confiscated as provided by this section are of limited use and value and that there is no reasonable expectation for subsequent resale if unclaimed by the owner thereof. Any sign so removed and impounded and not redeemed within thirty (30) days shall be discarded or destroyed by the Director of Public Works. Section 9. Grounds For Removal of other Illegally Posted Signs The Director of Public Works may not order the removal of any sign, other than a temporary sign, unless he shall first find and determine: (a) That such sign is displayed in violation of Sections 3, 4, 5, 6, or 7 of this Article; and (b) That such sign was first erected, posted or affixed in violation of a local, state or federal ordinance, law, statute or regulation then in effect at the time of such initial erection, posting or affixing. Section 10. Removal Procedure for Other Illegally Posted Signs 1 (a) If the Director of Public Works shall make a preliminary determination that grounds exist pursuant to Section 9 of this ' Article to order the removal of any sign, other than a temporary sign, the Director shall give written notice of such preliminary determination to the owner of such sign and shall direct removal of such nonconforming sign by the owner, without compensation, within thirty (30) days of the receipt of such notice. In addition, such notice shall inform the owner of the right to a hearing before the Director to determine whether or not cause exists pursuant to this Article to order removal of such sign. (b) Each such notice sent pursuant to this section shall be deemed sufficient if sent to the owner by registered mail return receipt requested, deposited for mailing with the United States Postal service. If, after the exercise of due diligence, the Director is unable to determine the owner of such nonconforming sign, the notice requirements of this section shall be deemed satisfied by publication of notice of such preliminary determination in a newspaper of general circulation within the City of Nederland, Texas, which notice shall include the location of such sign and a description thereof sufficiently detailed to allow its identification by the actual owner and which notice shall also inform the owner thereof of the right to hearing before the Director as provided by this section. (c) By written request filed with the Director not later than ten (10) days following receipt of such notice, the owner of any such sign may demand a hearing before the Director to determine whether or not cause exists pursuant to this Article to order removal of such sign. When so requested, the Director shall establish the date, time and place of such hearing and shall notify the owner in writing thereof. Each such hearing shall be conducted within twenty (20) days of the receipt of written request for hearing filed by the owner of such sign with the Director. If the owner shall fail to request such hearing within the time provided, the preliminary determination of the Director shall be deemed final. 1'75 Section 11. Removal Rearing (a) At any removal hearing conducted by the Director of Public Works pursuant to the provisions of Section 10 of this Article, the Director shall afford the owner of the sign which is the subject of such hearing reasonable opportunity to present evidence regarding whether or not grounds exist to order the removal of such sign. The owner, may at his option, be represented by legal counsel or any other agent or representative. The City of Nederland, Texas, may present evidence regarding the existence of grounds supporting an order for removal. (b) The determination of the Director at such hearing shall be based solely upon evidence submitted at the hearing. (c) If the Director shall determine upon the basis of evidence presented at such removal hearing that grounds exist under Section 10 of this Article to order the removal of such sign, then the preliminary determination shall become final and he shall order that such sign be removed within thirty (30) days of the date of such removal order. (d) If the Director shall determine upon the basis of evidence presented at such removal hearing that grounds do not exist under Section 10 of this Article to order the removal of such sign, he shall reverse the preliminary determination and take no further action to direct or enforce removal of the sign pursuant to this Article. Section 12. Appeal of Removal Order of the Director of Public Works (a) Not later than ten (10) days following the date any preliminary determination of the Director of Public Works ordering removal of a nonconforming sign shall become final pursuant to Section 10(c) or Section 11(c) of this Article, the owner of any such sign may appeal such final determination and order of removal to the City Manager of the City of Nederland, Texas, by written appeal filed with the City Secretary. (b) The City Manager shall cause notice of such appeal hearing to be given to the owner of such sign in substantially the same fashion provided by Section 10 for notice of a removal hearing before the Director of Public Works, and shall conduct such hearing in substantially the same fashion as provided by Section 11 for conduct of a removal hearing before the Director of Public Works. (c) If the City Manager shall determine upon the basis of evidence presented at such appeal hearing that grounds exist under Section 10 of this Article to order the removal of such sign, then the determination of the Director of Public Works shall be sustained and the City Manager shall order that such sign be removed within thirty (30) days of the date of such removal order. (d) If the City Manager shall determine upon the basis of evidence presented at such appeal hearing that grounds do not exist under Section 10 of this Article to order the removal of such sign, he shall reverse the determination of the Director of Public Works and take no further action to direct or enforce removal of the sign pursuant to this Article. 17 b Section 13. Removal of Nonconforming Signs by City If the owner of any sign for which a final removal order has been issued pursuant to the provisions of Sections 11 or 12 of this Article shall fail or refuse to remove such sign within the time provided by such removal order, then the Director of Public Works shall: (a) remove any such sign which is erected, posted, affixed or displayed upon any public property of the City of Nederland, Texas, or within the right -of -way of any public street, road or alley within the City of Nederland, Texas, and request the City Attorney of the City of Nederland to initiate proceedings for the recovery of such removal costs; or (b) if such sign shall be located upon privately owned property, but within any visibility triangle or visibility zone, request the City Attorney of the City of Nederland to initiate proceedings for the removal of such sign. Section 14. Signs Resembling Official Signs Prohibited It shall be unlawful for any person to erect, post, affix or display any sign at any location visible from the main travelled way of any public street, road or alley located within the City of Nederland, Texas, which resembles any official marker erected by the city, state, or any governmental agency or which by reason of position, shape or color would conflict with the proper functioning I of any traffic sign or signal. Section 15. Exceptions The terms and provisions of this Article shall not be deemed applicable to: (a) any sign within the corporate limits of the City of Nederland, Texas, which is in existence upon the effective date of this Article and for which removal without compensation is not authorized pursuant to Texas Local Government Code, Chapter 216, 4 216.013; (b) any directional or other official traffic control sign authorized by law; (c) a sign or marker giving information about the location of underground utilities; and (d) a sign erected by any unit of federal, state or local government. Section 16. Penal Provision Any person, firm or corporation violating any of the provisions of this Article shall, upon conviction, be fined in a sum not more than five hundred dollars ($500.00), and each separate day such violation shall continue shall constitute a separate offense. 6 1 PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF/�/�/]�'���" THE �C�L. f.f'�CITY OF NEDERLAND AT A REGULAR MEETING THIS THE c9 DAY OF V , o A.D., 1994. ATTEST: IL"- 2 ink Donna Floyd, eity Secretary City of Nederland, Texas APP VED AS TO O ND LEGALITY: c City Alf6rney 7 C"'d 4, , �?, W Carl N. LeBlanc, Mayor City of Nederland, Texas 177 17 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 15, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Rev. Gibson, Hillcrest Baptist Church. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the minutes of the August 4, 1994 and August 8, 1994 meetings as written. All Voted Aye. ELECTION 4 Mrs. Jeanie Green, Election Judge, reported that a total of 638 votes were received in early and regular voting combined for the Special Election held August 13, 1994. The sales tax increase proposition received the following votes: FOR 439 AGAINST 199 A motion was made by Mayor LeBlanc and seconded by Councilman Moss to accept the canvass of returns as presented by Mrs. Jeanie Green. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Moss to authorize payment of the election officials in accordance with State Statutes Article 3.08, Election Code. All Voted Aye. COMMENT Bill Storey, City Manager, announced that it will not be necessary to conduct the scheduled work session due to the City and Hillcrest Baptist Church reaching an agreement on the sewer line problems they had encountered during the construction phase of their new church. Mayor LeBlanc read a letter from Barry Bonvillain, Terrebonne Parish Consolidated Government (Louisiana) Parish President, congratulating Minutes continued, August 15, 1994 COMMENTS Nederland for their 14 -15 year old Babe Ruth League's recent win in the Southwest Region Tourn- ament. He also wished them luck in the World Series to be held in Pine Bluff, Arkansas. Mr. Bonvillain went on to express the pleasure he and his wife had in being a host family to two of Nederland's players - Josh Sanderson and Ryan Upham. Rev. Gibson, Hillcrest Baptist Church, expressed his appreciation to the City and Council for resolving the sewer line issue at their church. EXECUTIVE At 6:08 p.m. Mayor LeBlanc announced that the City SESSION Council would convene into an Executive Session as authorized by Texas Government Code, Chapter 551.071, to discuss pending litigation with South- western Bell Telephone Company. RECONVENE The special meeting was reconvened at 6:47 p.m. by Mayor LeBlanc. He announced that the meeting was held for informational purposes only and that no action was necessary. ADJOURN There being no further business, the meeting was adjourned at 6:48 p.m. by Mayor Carl N. LeBlanc. ATTEST: LaDonna Floyd, tity Secretary City of Nederland, Texas 1 C e h lanc, Mayor City of Nederland, Texas 1'79 . .... .. ... ....tj�.'. ..... .: :. .:: �:: .: �: �:. ..:. rr::.:.,..;•:.: �.:.:.:... f"::: �: n.:.::::.:;..+•:. �: �:::.:.,., t.+.,:::;.•...:.., f: nx.::.. n;;.:.> R::: n�:...>.......:,.:.:: i.::.:., t :.:{y.:r;v:..f:.•nf.>�r::..• ::: r::: �.:,:::::»::.ii::. >r..` �.w:::::: �: fr':'.r:N:v: :: r: � n. v. .......v:::.:tf %;:: ••.i <:::::fr'v v .. ... t' 1L' "' ��tl:.: T.'\' I. t :: "v,::v;::::>S:S�>�:':'iR�:"i: +tSf�vv,;•v��k:5.:. ki%� t• �i:�`::ii: ... �{ okyr :Y ".6:�•:'•i;r::'. ?r.':'rr'rr: " v. ..�r. ;r. tit•@ f '•{.'�:T^ . ; ^; :n.::n.n.....n.:::fr.....:n,.: :x:ktta..:•irr >:: fr,u, ,.;rr. :....: t• +t :::':':,',.r ;n... :.. t.:ro'ri::{:.:: S y ................................................ ..........................n.... n. .............. n. ........::.......,vf:::tr:f::.? min r.•:t:: { ::iv.:t.. {....:::.r:: if:.,:f: ):,),.fSI IN: {;.. Vii.. ..:. :. +.:Nu+ ,. Y., ;k.` • n`' Yb••+,r �.:., .,�•'�?+`'irZt?a."•:,frf"hk:.:. Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward 1 ✓ Will D. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager ✓ LaDonna Floyd City Secretary ✓ Billy Neal Police Chief ✓ Kent Walston Personnel Director Steve Hamilton Director of Public Works ✓ Mike Lovelady Fire Chief Rod Hatch James Byers Building Official Brenda Warren Librarian ✓ Cheryl Dowden Cit Treasurer ✓ David Ballard I Acting Parks Director ✓/ Richard Hughes City Attorney Mayor Cry ecrery -115' -N Date 7:00 p.m. 181 PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 18, 1994 MEETING The meeting was called to order at 7:00 p.m. by Mayor Gary Graham, City of Port Neches, at the Beaumont Civic Center, 701 Main Street, Beaumont, Texas. PLEDGE Pledge of Allegiance by all present. QUORUM Members present were: Mayor Carl N. LeBlanc, Councilmen Billy W. Doornbos and Melvin Moss. City Staff present: Bill Storey, City Manager, and LaDonna Floyd, City Secretary. WELCOME Welcome to all cities by City of Beaumont Council - at -Large Andrew Cokinos. ' PUBLIC A joint public hearing was conducted concerning the electric rates of Gulf States Utilities /Entergy. Cities present were: Nederland, Port Arthur, Groves, Port Neches, Vidor, Bevil Oaks, China, Silsbee, and Beaumont. All cities had a quorum except Beaumont. Andy Keever, Binkerstaff & Smiley Law Firm, representing Gulf States Utilities /Entergy, stated that they had prepared a written response from GSU which was given to all cities involved in the rate reduction request. He introduced the President of GSU, Frank Gallahher. Mr. Gallahher gave a brief overview of the role of GSU in the communities, adding that they donate to various groups. He added that it is their hope that this meeting will provide a mutual under- standing of each parties views. Mr. Keever responded that they would hope the cities would leave rates at their current level. Jack Pous, Diversified Utility Consultants, Inc. (rate consultants) stated that they have concluded that GSU is over - earning and its electric rates should be reduced by $45.9 million per anum. He added that participating cities that adopted ordinances initiating a 942 back in the spring 182 Minutes continued, August 18, 1994 would be entitled to refunds dating back to March 31, 1994. Mr. Pous related that this could possibly be the last major rate reduction for some time. Mr. Keever took this opportunity to ask that everyone read the rebuttal from GSU to better understand their views on a rate reduction. ADJOURN There being no further questions and /or comments, the Public Hearing was adjourned at 7:30 p.m. by Port Neches Mayor Gary Graham. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas ' PUBLIC HEARING This Public Hearing is the second one to discuss the submission of a grant application to the Texas Department of Housing and Community Affairs. Mr. Randy Blanks, David J. Waxman, Inc., explained that the City of Nederland will be submitting an application to the Texas Department of Housing and Community Affairs for a Texas Community Development Program Grant for $222,400 to be matched with $46,000 of City funds to replace deteriorated water and sewer lines on Hilldale Drive and Hill Terrace Drive. Mr. Blanks stated that these grants are to be used to benefit low and moderate income persons ' and that there are 160 people who will be served by the project with 125 being low to moderate income. ADJOURN There being no further questions and /or comments, the Public Hearing was adjourned at 5:40 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: eta l VL$d a onna Floy ity Secretary City of Nederland, Texas 1 PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. August 22, 1994 MEETING The Public Hearing was called to order at 5:35 p.m by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. PUBLIC HEARING This Public Hearing is the second one to discuss the submission of a grant application to the Texas Department of Housing and Community Affairs. Mr. Randy Blanks, David J. Waxman, Inc., explained that the City of Nederland will be submitting an application to the Texas Department of Housing and Community Affairs for a Texas Community Development Program Grant for $222,400 to be matched with $46,000 of City funds to replace deteriorated water and sewer lines on Hilldale Drive and Hill Terrace Drive. Mr. Blanks stated that these grants are to be used to benefit low and moderate income persons ' and that there are 160 people who will be served by the project with 125 being low to moderate income. ADJOURN There being no further questions and /or comments, the Public Hearing was adjourned at 5:40 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: eta l VL$d a onna Floy ity Secretary City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 22, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Richard Hughes, City Attorney. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the August 15, 1994 meeting as written. All Voted Aye. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Ordinance No. 1994 -10, ' canvassing the results of the August 13, 1994 Special Election. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Moss to approve Ordinance No. 1994- 11, finding that the existing rates of Gulf States Utilities Company are unreasonable and ordering rate reductions and rate refunds. All Voted Aye. CONTRACTS A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve a contract for the D. Bob Henson Memorial Library for computer services with Houston Area Library Automated Network, contingent upon the City Attorney's recommendation. All Voted Aye. SURPLUS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize the Nederland Police Department to sell surplus and confiscated property in the form of bicycles and guns. All Voted Aye. BIDS A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to award bids received for one (1) car to be used by the Nederland Police Department to David Self Ford, Winnie, TX in the amount of $14,471.00. All Voted Aye. 185 Minutes continued, August 22, 1994 EXECUTIVE An Executive Session was called to order at 6:14 SESSION p.m. by Mayor Carl N. LeBlanc for the purpose of discussing pending litigation as authorized by Texas Government Code, Chapter 551.071. RECONVENE The regular meeting was reconvened at 7:03 p.m. by Mayor LeBlanc. - RESOLUTIONS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Resolution No. 1994 -06, whereby the City of Nederland becomes a party in the class action suit filed by the City of Port Arthur against Southwestern Bell Telephone Company. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Resolution No. 1994 -11, authorizing the City of Nederland to join with other cities to intervene in the fuel rate case filed by Gulf States Utilities Company. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Resolution No. 1994 -12, authorizing the City of Nederland to submit a Texas Community Development Grant application. All Voted Aye. Bobbie VanAuken, 2423 Nederland Avenue, asked if the City could apply for any grant, especially one like this, if the City is not in compliance with TNRCC. Bill Storey, City Manager, responded that we can apply for any grant whether we are in compliance or not. He added that TNRCC sets up regulations for us to go by and we are meeting their regulations, therefore, we are eligible to apply for any grant. COMMUNICATIONS Bill Storey, City Manager, informed the Council that we have received a number of applications for the Parks & Recreation Director's position and that he will report back to them on this matter soon. Mayor LeBlanc read a thank you letter from Wayne McLemore, Hillcrest Baptist Church Building Committee, on the way the City was able to work with them on the sewer line problem. Minutes continued, August 22, 1994 ADJOURN There being no further business, the meeting was adjourned at 7:08 p.m by Mayor Carl N. LeBlanc. L-arl ;Blanc, Mayor City of Nederland, Texas ATTEST: 'i Cyld 'LaDonna Floyd, City Secretary City of Nederland, Texas F� 1 1 187 Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward 1 Will E. Schroeter Councilman — Ward 2 W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 >/ Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief ✓ Kent Walston Personnel Director ✓ Steve Hamilton Director of Public Works ✓ Mike Lovelady Fire Chief L11 Rod Hatch James Byers Building Official ✓ Brenda Warren Librarian �✓ Cheryl Dowden City Treasurer David Ballard Acting Parks Director i✓ Richard Hughes City Attorney Mayor ty secretary Date 188 , ORDINANCE NO. 1994 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, CANVASSING THE RESULTS OF THE AUGUST 13, 1994 SPECIAL ELECTION. WHEREAS, there was held in the City of Nederland, Texas, on the 13th day of August, 1994, an election at which the following proposition was submitted to the duly qualified resident electors of said City: THE ADOPTION OF A SALES AND USE TAX AT THE RATE OF ONE - HALF OF ONE PERCENT TO BE USED FOR THE PROMOTION AND DEVELOPMENT OF NEW OR EXPANDED BUSINESS ENTERPRISES AND ANY OTHER PURPOSE AUTHORIZED BY SECTION 4B, ARTICLE 5190.6, V.T.C.S., AS AMENDED (THE DEVELOPMENT CORPORATION ACT OF 1979); and WHEREAS, such election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that only duly qualified resident electors of the City of Nederland, Texas voted at said election; and, that due returns of said election have been made by the proper officers: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That the City Council of the City of Nederland, Texas hereby adopts as findings of fact the matters set out in the preamble to this ordinance. Section 2. That the tabulation attached hereto as Exhibit A and incorporated herein by reference is the tabulation of the early voting precinct report. Section 3. That the total votes cast for and against proposition were as follows: For the proposition: 439 votes Against the proposition 199 votes Section 4. That the City Council of the City of Nederland, Texas hereby officially and affirmatively declares that the proposition, having received a majority of the votes cast at such election, is passed and adopted. Section 5. That this ordinance is effective immediately of and from adoption. nn PASSED AND APPROVED THIS �_ day of a4Lc 2L , 1994. 3al ` CA8 Carl N. LeBlanc, Mayor ATTEST: — Donna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: L-, �, z-,4,, Richard D. Hughes, Vity Attorney 1 1 1 ORDINANCE NO. 1994 -11 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT THE EXISTING RATES OF GULF STATES UTILITIES COMPANY ARE UNREASONABLE; DETERMINING JUST AND REASONABLE RATES TO BE OBSERVED AND IN FORCE WITHIN THE CITY; ORDERING RATE REDUCTIONS AND RATE REFUNDS; ORDERING THAT THIS ORDINANCE BE SERVED ON GULF STATES UTILITIES COMPANY; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES. WHEREAS, the City of Nederland ( "City ") is a regulatory authority under the Public Utility Regulatory Act and has original jurisdiction over the electric rates charged by Gulf States Utilities Company ( "GSU") within the city limits; and WHEREAS, the City, acting as a regulatory authority, initiated an investigation into the electric utility rates charged by GSU; and ' WHEREAS, GSU has previously agreed that any rate reduction stemming from this §42 proceeding will be effective from the date of initiation of the §42 complaint, in this case March 31, 1994; and WHEREAS, the City, after reasonable notice to GSU, held a public hearing pursuant to §42 of the Public Utility Regulatory Act and considered the filing, materials and arguments submitted by GSU; and WHEREAS, the City has found that the existing electric utility rates of GSU for service within the City are unreasonable; and WHEREAS, the City has determined that the rates of GSU should be decreased and electric rate refunds provided; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION I: The existing rates of GSU are hereby found, after reasonable notice and hearing, to be unreasonable and excessive and shall be decreased to reflect the reductions hereinafter ordered. The rates resulting from such reductions and refunds are hereby determined to be the just and reasonable rates to be observed and 190 I' in force within the City. SECTION II: It is hereby ordered that the base rates of GSU for electric power and energy sold within the City be decreased by the amount of $45.9 million per annum on a Texas retail jurisdiction basis, based on a test -year ending December 31, 1993. Such base rate decrease shall be implemented on an across - the -board basis so that the base rates for all customer classes and each component thereof are reduced by the same percentage amount. SECTION III: GSU shall file with the City, no later than ten (10) days from the passage of this rate ordinance, a revised Schedule of Rates and Tariffs, together with rate design workpapers and supporting data as requested, setting forth those rates, tariffs and charges based upon such decreases and refunds as prescribed herein. GSU is ordered to calculate for review by the City or its representative, a refund for the period March 31, 1994 to the date of implementation of the rates ordered herein. The ' refund is to be calculated based upon energy consumed on and after March 31, 1994. Such Schedule of Rates and Tariffs may be modified or amended by the City to comply with the provisions hereof within ten (10) days from the date of filing with the City, otherwise the same shall be considered approved as filed. SECTION IV: The rate reduction ordered herein shall be effective from March 31, 1994. Paragraph 11 of GSU's Stipulation and Agreement approved by the Public Utility Commission of Texas in i Docket No. 11292, Application of Entergy Corporation and GSU for Sale. Transfer or Merger, provides that rates adopted pursuant to a 442 complaint shall be effective from the date of the initiation of that 442 complaint. GSU is ordered to refund the difference between rates actually charged as of March 31, 1994 and those rates herein ordered. All refunds will be based on energy consumed within each class and will be provided in the form of a one -time bill credit. SECTION V: This rate ordinance shall be served on GSU by First Class U.S. Mail to Cecil Johnson, Vice President -Legal Services, GSU, P.O. Box 2951, Beaumont, Texas 77704. SECTION VI: Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of GSU. SECTION VII: All Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. CONSIDERED, PASSED AND APPROVED this oe\� day of O _, 1994, at a Regular meeting of the City Council of the City of Nederland at which a quorum was present and which was held in accordance with Chapter 551 of the Texas Government Code. SIGNED this day of , 1994. ATTEST: &Donna Floyd,' City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughest, City Attorney I CITY OF NEDERLAND Carl N. LeBlanc, Mayor A 192 THE STATE OF TEXAS § § COUNTY OF HARRIS § CONTRACT FOR COMPUTERIZED LIBRARY SERVICES I. PARTIES A. Address THIS CONTRACT FOR COMPUTERIZED LIBRARY SERVICES ( "Contract ") is made on the Countersignature Date by and between the CITY OF HOUSTON, TEXAS ( "City ", also "Houston Public Library "), a municipal corporation and home -rule city of the State of Texas principally situated in Harris County, acting by and through its governing body, the City Council and the CITY OF NEDERLAND, TEXAS ( "Participating Library "), doing business in the State of Texas. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: Houston Public Library Participating Library Director of Libraries D. Bob Henson Memorial Library, Nederland or Designee Ms. Brenda Warren, Director City of Houston 1903 Atlanta Avenue 500 McKinney Nederland, Texas 77627 ' Houston, Texas 77002 B. Index The Houston Public Library and the Participating Library hereby agree to the terms and conditions of this Contract. This Contract consists of the following sections: Section Description Page I. Signature Page 3 II. Definitions 4 III. Duties of Houston Public Library 5 IV. Duties of Participating Library 7 V. Disposition of Grant Monies 8 VI. Ownership of Equipment 9 VII. Network Standards, Rules and Protection 9 VIII. Sharing Resources 9 udRG:dp \Contact %RG10009 August 4. 1994 L.O. File No. J IX. Term and Termination 10 X. Network Advisory Board 11 XI. Patron Information 12 XII. Additional Participating Libraries 12 Exhibits A. HALAN Standards, Duties and Procedures C. Parts Incorporated All of the above described sections and documents are hereby incorporated into this Contract by this reference for all purposes. u:%AG:0p%Cont—t%RG10009 _ 2 _ August 4, 1994 L.D. File No. 193 194 D. Signatures IN WITNESS HEREOF, the Houston Public Library and the Contractor have made and executed this Contract in multiple copies, each of which is an original. CITY OF NEDERLAND, TEXAS "Participating Library" ATTEST: i Secretary APPROVED AS TO FORM AND LEGALITY: AP ROVED: ficer trnp6werea to Enter into Contracts /fit , J1 A CITY OF HOUSTON Richard Hughe , City Attorney "Houston Public Library" ATTEST: APPROVED: City Secretary APPROVED: Director of Libraries APPROVED AS TO FORM: Assistant City Attorney . u:we:dplemmea1R010009 ,..D. File No. -3- Mayor COUNTERSIGNED: City Controller DATE COUNTERSIGNED: August 4, 1994 FI 1 CITY OF NEDERLAND RESOLUTION NO. 1994 -06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS WHEREBY THE CITY OF NEDERLAND ELECTS TO BECOME A MEMBER OF THE CLASS IN THE CLASS ACTION BROUGHT BY THE CITY OF PORT ARTHUR IN CAUSE NO. D- 142,176, STYLED CITY OF PORT ARTHUR v. SOUTHWESTERN BELL AND H. PAUL ADAMS,_ PENDING IN THE 136TH DISTRICT COURT OF JEFFERSON COUNTY, TEXAS. 1 DULY RESOLVED by the City Council of the City of Nederland, Texas, on the �,Z day of (1,r.<"A-1- .1 1994. ATTEST: 4" C---1)ln �( CITY SECRETARY CITY OF NEDERLAND Carl N. LeBlanc, Mayor APPROVED AS TO FORM AND LEGALITY: / :�.C�..C.. e'�t/! as -.--- ITY ATTORNEY 19 5.. WHEREAS, on November 2, 1992, the 136th District Court of Jefferson County, Texas entered an order certifying a class action and defined the class as set out in Cause No. D- 142,176, styled City of Port Arthur v. Southwestern Bell H. Paul Adams: and WHEREAS, it is beneficial to the citizens of the City of Nederland to pursue the claims set out in the class action in Cause No. D- 142,176; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. That the Mayor, City Manager, and City Attorney are hereby fully authorized to proceed to take all necessary procedural and substantive steps to become a party and member of the class in the class action suit pending in the 136th Judicial District Court of Jefferson County, Texas, Cause No. D- 142,176, styled City of Port Arthur v. Southwestern Bell Telephone Company, et al; and, SECTION 2. That the Mayor, City Manager, and City Attorney are hereby authorized to enter into such arrangements and engage in such procedures as are reasonably necessary in the best interest of the City of Nederland and as may be required from time to time in connection with the litigation pending in the State District Court in Beaumont. SECTION 3. That this resolution shall take effect immediately upon date of passage as the Charter in such cases provides. The City Secretary is hereby directed to send a copy of this Resolution to: Martha Newsome Robert E. Davis Clerk of the 136th District Court Jenkens & Gilchrist Jefferson County Courthouse 1445 Ross Avenue 1001 Pearl Suite 3200 Beaumont TX 77701 Dallas TX 75202 Thomas A. Thomas Provost * Umphrey Law Firm, L.L.P. 490 Park Street P O Box 4905 Beaumont TX 77704 1 DULY RESOLVED by the City Council of the City of Nederland, Texas, on the �,Z day of (1,r.<"A-1- .1 1994. ATTEST: 4" C---1)ln �( CITY SECRETARY CITY OF NEDERLAND Carl N. LeBlanc, Mayor APPROVED AS TO FORM AND LEGALITY: / :�.C�..C.. e'�t/! as -.--- ITY ATTORNEY 19 5.. 196 RESOLUTION NO. 1994 -11 AUTHORIZING THE CITY OF NEDERLAND TO JOIN WITH OTHER CITIES TO INTERVENE IN THE FUEL RATE CASE FILED BY GULF STATES UTILITIES COMPANY, PUBLIC UTILITY COMMISSION DOCKET NO. 13170, AND APPOINTING A REPRESENTATIVE FOR SUCH PROCEEDINGS. WHEREAS, on June 30, 1994, Gulf States Utilities Company ("GSU") filed a fuel reconciliation case at the Public Utility Commission -( "PUC"), Docket No. 13170; and WHEREAS, at issue in such case in GSU's fuel costs incurred for the period October 1, 1991- December 31, 1993; and WHEREAS, the Cities' Steering Committee, comprised of representatives of municipalities served by GSU has recommended intervention to protect the interests of cities and their residents and businesses; and WHEREAS, it is in the public interest to join with other ' cities to review such filing and present such evidence as may be appropriate before the Public Utility Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. The City of Nederland should join with other participating cities to review GSU's fuel filing and to intervene at the Public Utility Commission, subject to the right to terminate such participation at any time by written notice and to act independently in the exercise of local regulatory authority. It is specifically understood that this participation will not necessitate the expenditure of any funds from the City budget. SECTION 2. The City of Nederland authorizes the Cities' Steering Committee to retain consultants and otherwise act on the City's behalf in participating in PUC Docket 13170. SECTION 3. The City of Nederland authorizes the law firm of Butler, Porter, Gay & Day to represent its interests before the PUC in Docket 13170. CONSIDERED, PASSED AND APPROVED thisnL day of U , 1994, at a regular meeting of the City Council of Nederland, Texas, at which a quorum was present and which was held according to law. ATTEST: 'LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hu hes, City Attorney 1 CITY OF NEDERLAND Carl N. LeBlanc, Mayor 197 CITY OF NEDERLAND RESOLUTION 1994 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT PROJECT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interest of the City of Nederland to apply for funding under the 1994/95 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $222,400.00 of grant funds to replace and upgrade existing water lines and sewer lines in the Hillcrest Terrace Neighborhood. 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the application and the City's participation in the Texas Community Development Program. 5. That it further be stated that the City of Nederland is committing $21,000.00 from its General fund as a cash contribution toward the project activities of these water lines and sewer lines improvement project and $25,000.00 in force account for engineering, surveying and inspection. PASSED AND APPROVED THIS 22nd DAY OF AUGUST, 1994. CARL N. LeBLANC, MAYOR CITY OF NEDERLAND, TEXAS ATTEST: APPROVED AS TO FORM AND LEGALITY: a _ A4 x "It— 41LI-1 CI SECRETARY RICHARD HUGHES, CIUTY ATTORNEY CITY OF NEDERLAND, TEXAS CITY OF NEDERLAND, TEXAS 1 1 �l I 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 12, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Steve Hamilton, Director of Public Works. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the August 18, 1994 joint public hearing, August 22, 1994 public hearing, and the August 22, 1994 regular meeting. All Voted Aye. COMMENTS Bobbie VanAuken, 2423 Nederland Avenue, asked to appear before Council to address previously asked questions to which she never received a written response to the City Secretary and City Manager; impertinent, discourteous and snide responses that have been used in answering questions of citizens; procedure of timely access to a supervised tour of Water and Wastewater Treatment Plants and old landfill site; and, public records charges. Billy Waller, 615 South 12 Street, asked to address the Council relatively to the quorum of the last public hearing. Jake Waller, Jr., 2635 Grand Blvd, Port Neches, TY, asked to address the Council relatively to when the Council authorized Provost & Umphrey or any law firm to represent the City in the federal lawsuit filed by A. J. Waller Sr. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve an Amendment to Ordinance No. 155, water, sewer, and garbage rates. All Voted Aye. Neil Thomas, Fulbright and Jaworski, explained the need for an amendment to the ordinance authorizing the issuance of Certificates of Obligation, Series, 1994. 199 200 Minutes continued, September 12, 1994 ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman (CONT.) Schroeter to approve an Amendment to the Ordinance authorizing the issuance of Certificates of Obligation, Series, 1994. All Voted Aye. SURPLUS A motion was made by Councilman Doornbos and seconded by Councilman Moss to authorize the Nederland Police Department to sell surplus and confiscated property. All Voted Aye. BUDGET A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve amendments to the 1993 -94 budget as follows: transfer $2,000 in the Police Narcotics Fund Account 20 -00 -00 -2900 Fund Balance to Account 20 -21 -00 -6111 to fund narcotics officer's overtime; transfer $15,000 in the Police Narcotics Fund Account 20 -00 -00 -2900 Fund Balance to Account 20 -21 -00 -6742 to fund purchase of new police car; and, transfer $600.00 in General Fund Account 01 -16 -00 -6331 Telephone to 01- 16 -00- 6743 to fund purchase of computer for City Secretary's office. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc ' to accept the improvements in Hunter's Ridge Subdivision Phase II contingent on collecting fees for one additional street light from G. S.U. All Voted Aye. BIDS A motion was made by Councilman Schroeter and seconded by Councilman Moss to award bids for traffic paint to M -B Companies, Buda, TX, in the amount of $4,747.40. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize payment of the bills for the month of August, 1994. All Voted Aye. EXECUTIVE An Executive Session was called to order at 6:33 p.m. by Mayor Carl N. SESSION LeBlanc for the purpose of discussing pending litigation as authorized by Texas Government Code, Chapter 551.071, and for discussing personnel as authorized by Chapter 551.074. RECONVENE The regular meeting was reconvened at 7:26 p.m. by Mayor LeBlanc.. He announced that the personnel item was for informational purposes only and that no action was necessary. 201 Minutes continued, September 12, 1994 _ RESOLUTION A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to approve Resolution 1994 -13 to settle the lawsuit against E. I. DuPont DeNemours & Company, Inc. contingent upon the City Attorney's recommendations as follows: 1. that the metes and bounds description of the subject property be approved by the City Council; 2. that the City Attorney approve the title run sheet being provided to the City by Port Arthur Abstract Company; and, 3. that DuPont approves and executes the settlement agreement. All Voted Aye. COMMUNICATION Bill Storey, City Manager, read a letter from a citizen commending the actions of Officer Richard McKeever for the way he recently handled an attempted suicide incident. Mr. Storey stated that Entergy /G.S.U. has requested to initiate a surcharge to their customers which would total approximately $22.6 million. He added that he will keep the Council up -to -date on this matter. The City Manager informed the Council that authorization has been given for the area cities to work with Star Enterprises on the regional wastewater study. This appear to be one of the first times private industry has received permission to work with government entities. ' Councilman Paulus thanked the Council and City staff for their concerns during his family's recent loss of his mother -in -law. Councilman Schroeter also thanked the Council and City staff for their concerns during the recent loss of his grandmother. ADJOURN There being no further business, the meeting was adjourned at 7:34 p.m. by Mayor LeBlanc. . e a�or City of Nederland, Texas ATTEST: �LaDonna Floyd, City Sretary City of Nederland, Texas 202 Eµ : : y�yYa�y'acrr : A. r:ti:E sC..•:a..:.: .SV: x u:tw vg is .e .. ... .i:.lFMN:.� #: �. �� .:::.. ::..::........ <.....:.e........ ....::...../:. ....::nu:v; .:;.:;•:.:.: �:R6,:::SRti:::6 Name Title Present Absent Carl N. LeBlanc Mayor V/ Melvin L. Moss Councilman — Ward 1 Will E. Schroeter Councilman — Ward 2 W. Ceyril Paulus Councilman — Ward 3 Billy W. Doornbos Councilman — Ward 4 ✓ Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Kent Walston Personnel Director >/ Steve Hamilton Director of Public Works vl- Mike Lovelady Fire Chief t/ Rod Hatch James Byers Building Official Brenda Warren Librarian / V Che l' Dowden City Treasurer David Ballard Acting Parks Director ✓ Richard Hughes Citv Attorney v/ l 2"t h • DZfA1,i,n^ , Mayor ly"'Lno �City secretary O� q,1 a -�y Date 2a %q% _ AN AMENDMENT TO ORDINANCE NO. 155 J AN ORDINANCE AMENDING FAIR AND STANDARD WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, SEWER AND WATER LINE MAINTENANCE FEES AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the rates for water services now being charged by the City of Nederland, Texas, inside the City limits and outside the City limits; and a revision should be made in the garbage rates now being charged by the City of Nederland, Texas. Inside Outside City City Residential and Commercial: First 2,000 Gallons (Minimum) $ 6.50 $ 10.50 All over 2,000 Gallons (per M)* 2.00 3.75 Water line maintenance (per M) .25 .25 *All apartment complexes computed at 95% capacity. *Or as required by provisions of outside City contracts. *SEWER RATES & * *SEWER USAGE DISCOUNTS Residential (per month) 2,000 minimum $ 7.70 $ 13.40 All over 2,000 Gallons .65 1.30 Commercial (per month) 2,000 minimum 7.70 13.40 All over 2,000 Gallons (per M) .65 1.30 Sewer line maintenance (per M) .25 .25 *Or as required by provisions of outside City contracts. WATER CONNECTION FEES 3/4" Meter (Sewer Usage Discount) ** $ 100.00 $ 150.00 3/4" Water Tap 240.00 360.00 1" Water Tap 300.00 450.00 1 1/2" Water Tap 800.00 1,200.00 2" Water Tap 1,200.00 1,800.00 Over 2" Water 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 $ 200.00 $ 300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 204 Q�p�.� UTILITY COLLECTION POLICY 1. Water bills shall be due fifteen (15) days after the date mailed. If payment is not received by the sixteenth (16) day, a 10% penalty will be assessed.. A grace period of up to two days will be granted if the fifteenth (15th) day falls on a weekend, holiday, or any day City Hall is closed. 2. If payment is not received by the next read date, a second bill will be sent for the current reading plus the previous month's bill and the 10% penalty. 3. If payment is not received on the second bill by the end of the fifteen (15) day grace period, service will be disconnected. This gives utility customers a total of forty - five (45) days to reconcile their accounts before service is disconnected. 4. After a customer's service has been disconnected, all past arrears must be paid in full in order to reinstate water service. In addition, there will be a $5.00 turn -on fee for reinstatement during regular working hours (8:00 a.m. - 5:00 p.m.). If past accounts are settled and turn -on is requested after normal working hours, a $45.00 turn -on fee is assessed to cover overtime for call outs. 5. In regard to temporary turn -ons for customers such as the ones who own rental property, no deposit will be required, but a minimum bill of $26.95 will be assessed in advance and will cover the cost of a temporary turn -on for a period of no longer than two (2) weeks. If the amount of water used exceeds the minimum used during the aforementioned two (2) weeks, then the customer will be billed according to usage. 6. Contracts already in existence will be honored as long as the current water bill is paid in full and some portion of arrears are paid in accordance with the existing contract. 7. Utility customers who pay by check and whose checks are returned NSF will be charged a $25.00 returned check fee. Customers who consistently have checks returned NSF must pay their current and future water bills in cash, certified check, or money order. Utility customers who habitually issue checks that are returned NSF will be disconnected until some sort of arrangements are made with the Water Department. WATER METER AND GARBAGE CONTAINER DEPOSITS Inside City Up to 3/4" Water Meter 1" Water Meter 1 1/2" Water Meter 1 3/4" Water Meter 2" and up Water Meter Additional Garbage Container Residential Rates (per month) Inside City Additional Container $ 100.00 150.00 200.00 250.00 300.00 $ 75.00 Outside City $ 100.00 150.00 200.00 250.00 300.00 $ 13.65 + tax 5.00 + tax 1 1 1 i F� 10 tW &J. a N:41.1i11M.1 = PLUVW Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash during or before a rainstorm to prevent possible flooding. Miscellaneous trash, trees and brush from empty (undeveloped) property must be hauled off by the owner or developer at their expense. The City will serve garbage paying customers only and limit their service to four (4) cubic yards per month. II. 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. This Ordinance shall take effect October 1, 1994. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this Id day of 19`q . Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 0 01 `LaDOnna Floyd,'City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes; City Attorney City of Nederland, Texas �Q 205 206 R E S O L U T I O N A RESOLUTION AUTHORIZING SETTLEMENT OF LAWSUIT AGAINST E. I. DUPONT DENEMOURS & COMPANY, INCORPORATED, ET AL WHEREAS, the City of Nederland, Texas, filed suit against E. I. Dupont DeNemours & Company, Incorporated, et al, in the 172nd Judicial District Court of Jefferson County, Texas in Cause No. E- 146,857 to recover damages for various acts, errors and omissions as more fully set out in the pleadings in said cause; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Nederland to settle said suit, in accordance with the terms set out in the attached settlement agreement and release, copies of which are attached hereto and made a part hereof for all purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the City Manager and the City Secretary be and are hereby authorized and directed to sign the attached Settlement Agreement and Release on behalf of the City of Nederland, along with any and other documents necessary to carry out the terms of the settlement of said lawsuit. Subject to the following conditions: 1. That the metes and bounds description of the subject property set out in Exhibit B be approved by the City Council; 2. That the City Attorney approve the title run sheet being provided to the City by Port Arthur Abstract Company; and 3. That Dupont approves and executes the Settlement Agreement. (n�lO PASSED BY vote of the City Council of the City of Nederland, Texas, this �_ day of{rr^r�.�Q.� , 1994. THE CITY OF NE/D_ERLAND, TEXAS CARL "CROPO" LEBLANC, MAYOR ATTEST: C tl /Cmi�n � C TY SECRETARY e APPROVED AS TO FORM: �& 'S7 --- RICHARD D. HU ES, CITY ATTORNEY oQ 1 207 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 26, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the minutes of the September 12, 1994 meeting as written. All Voted Aye. PROCLAMATION Mayor LeBlanc presented a proclamation to Cindy Mabry declaring October ' 22, 1994 as "Make a Difference Day" in Nederland, Texas. A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve a Proclamation declaring October 22, 1994 as "Make a Difference Day" in Nederland, Texas. All Voted Aye. COMMENTS Bobbie VanAuken, 219 - 31 Street, addressed the Council relative to answers to previous questions, contracts, committees, bypassing, compliances, study and outcome. Hadon Jones, 924 Avenue E, addressed the Council relative to access to his property and drainage in Midway Addition. Billy Waller, 615 South 12 Street, addressed the Council relative to agenda posting. Sarena Davis, 2820 W. Atlanta, addressed the Council relative to sewer contracts. RESOLUTION John Oliver, Entergy /Gulf States Utilities, gave a brief overview of the surcharge that they are currently seeking to add to customers bills. 209 Minutes continued, September 26, 1994 RESOLUTION A motion was made by Mayor LeBlanc and seconded by Councilman Paulus (CONT.) to approve Resolution 1994 -13, authorizing the City of Nederland to join with other cities to intervene in the fuel rate case filed by Gulf States Utilities Company. All Voted Aye. AGREEMENT A motion was made by Councilman Paulus and seconded by Councilman Moss to authorize the City Manager to sign a Hold Harmless Agreement with John Knight, 704 - 31 Street, and authorize a variance at this address. All Voted Aye. STREETS A motion was made by Councilman Doornbos and seconded by Councilman Moss to authorize the closing of 14th Street from Boston Avenue to the alley behind the Fire Station on October 4, 1994 from 5:30 p.m. until 8:30 p.m. for Fire Prevention Week activities. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to approve the Planning and Zoning Commission's recommendation to approve the replat of Mar -Len Park and the preliminary plat of Stillwater Lake Estates (outside city limits but within extraterritorial jurisdiction). All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the Planning and Zoning Commission's recommendation to approve the replat of Cottage Grove 2nd Addition. All Voted Aye. LEGAL A motion was made by Mayor LeBlanc and seconded by Councilman Moss to postpone receiving comments from the City Attorney concerning legal matters. All Voted Aye. BIDS Kent Walston, Director of Personnel, gave an overview of the bids received for general liability, worker's compensation, and auto liability insurance. A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to table awarding bids received for insurance and to call for a workshop to be held at 5:30 p.m., October 10, 1994 to further study the bids. All Voted Aye. 210 Minutes continued, September 26, 1994 BUDGET A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve amendments to the 1993 -94 budget (see attached). All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize payment to KSA Engineers, Inc. in the amount of $1,120.00 for engineering services during the construction phase of the Water Treatment Plant. All Voted Aye. EXECUTIVE An Executive Session was called to order at 7:58 p.m. by Mayor Carl N. SESSION LeBlanc for the purpose of discussing personnel as authorized by Texas Government Code, Chapter 551.074. RECONVENE The regular meeting was reconvened at 8:43 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes and that no action was necessary. COMMUNICATION Bill Storey, City Manager, read a letter from Ms. Bobbie Weatherford, 832 South 15 Street, who is handicapped. Ms. Weatherford wanted to commend , one of the city's solid waste truck drivers for noticing that she had failed to get her garbage container out to the street. The driver, James Aldridge, got out of his truck, rolled her container to the truck, emptied it, and rolled it back to her house. Mr. Storey informed the Council that we had received a quote from the Texas Department of Justice for repairing, refinishing, and recovering the chairs for the Council Chambers at $49.20 /each. This price covers pick and delivery for 56 chairs. The City Manager also informed the Council that the rear, outside wall of the Recreation Building is in need of repairs. The City has obtained two quotes - one was between $8,000 and $10,000 and the other was $5,700. Mr. Storey reported that David J. Waxman, Inc. has completed and submitted the proposal for the Community Development Block Grant. Mr. Storey also stated the meeting with TNRCC has been rescheduled for October 6, 1994. Minutes continued, September 26, 1994 ADJOURN There being no further business, the meeting was adjourned at 8:50 p.m. by Mayor Carl N. LeBlanc. N. MY',, Vayor City of Nederland, Texas ATTEST: IMAN, �' - 'd f abonna Floyd, City Secretary City of Nederland, Texas 1 1 211 212 1993 -1994 BUDGET AMENDMENTS September 26,1994 TWI-DV ACT. AMniINT DFC'RF.ASF. AMOUNT 20 -00 -00 -4479 25,000.00 20 -00 -00 -2900 900.00 21 -00 -00 -6403 3,200.00 50- 62 -00 -6351 15,0110.00 21 -00 -00 -6743 22,700.00 01- 15 -00- 6111 500.00 50 -62 -00 -6351 15,(1110.110 01 -15 -00 -6118 553.00 01 -15 -00 -6115 2,200.00 01-15 -00 -6393 8011.00 01-16 -00 -6110 10 5(10.(10 01 -15 -00 -6754 374.00 01 -31 -00 -6245 150.00 01- 16 -00- 6331 6,000.00 01 -31 -00 -6354 1,000.00 01 -16 -00 -6348 3,000.00 50- 62 -00- 6252 500.00 01 -16 -00 -6349 1,100.(10 50 -63 -00 -6744 8,(lll(1.11(1 01-16 -00 -6265 400.00 50 -63 -00 -6121 1,0(10.110 01 -31 -00 -6246 1,15(1.00 52 -33 -00 -6111 5110.00 50 -62 -00 -6312 500.00 52- 33 -00-6397 15,00(1.(10 50- 63 -00 -6755 8,00O,0(1 01 -21 -00 -6374 1,650.00 50 -63 -00 -6111 1,000.00 O1 -21 -00 -6377 16.00 52 -33 -00 -6390 1551)(1.1)(1 01 -21 -00 -6110 23,000.00 01 -21 -00 -6372 1,162.00 01 -21 -00 -6126 3,350.00 01 -21 -00 -6118 7,310.00 01 -21 -00 -6124 5,80(1.011 01 -21 -00 -6121 5,651.00 0I -21 -00 -6231 700.00 01-21-00-6906 16,043.00 O1 -21 -00 -6210 300.00 01 -21 -00 -6384 3,650.00 70- 21 -00-6121 90(1.0(1 01 -21 -00 -6215 700.00 70 -21 -00 -6124 1,811(1.1111 01 -21 -00 -6217 300.00 70 -21 -00 -6116 450.00 70- 21 -00-6118 663.00 70 -21 -00 -6110 16,750.00 70 -21 -00 -6210 1,000.00 70 -21 -00 -6126 511(1.0(1 70 -21 -00 -6314 1,620.00 70 -21 -00 -6111 1,200.00 70 -21 -00 -6336 2,000.00 70 -21 -00 -6331 75.00 70-21 -00 -6356 7,000.00 70- 21 -00- 2900 6,897.00 70 -21 -00 -6747 700.00 70 -21 -00 -6754 2,000.00 70 -21 -00 -6352 1,000.00 70 -21 -00 -6348 900.00 70 -21 -00 -6333 725.00 70 -21 -00 -6403 170.00 1 1 1 lJ . 5 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title co'°y Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman Ward 1 Will E. Schroeter Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 ,✓ Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary ✓ Billy Neal Police Chief Cheryl Dowden City Treasurer ✓ Mike Lovelady Fire Chief Richard Hughes City Attorney �✓ Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official ✓ David Ballard Parks Director v-, Brenda Warren Librarian i✓ Mayor City Secretary R- .zto-l� Date 213 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid Jefferson County, Texas 0 � Proclamation �Ca�l �/�� "��2aJeae�lcrcig� - eri2lcce a�l /e cacl /o2il� uedled i >a Ana as J 91,/ 1a& land,, %aa da heidy 96"A )u, dot Aft 22, -J99 E 1wj cAallw a !2lll e,tli wx !2ay l` in l/e '61y, a1.4e&,2Iawl, 9-�ad, and wgo each and eve" '/' Kl.�Vra o/ "n 'oil lala2lici�eale ire- l /ia, �icclioual �laJ owalvicfee/i.iiar� �y a�ondi�i� �acl o� l /re cltoy eko jiJ a rod eked, lahye do jeeiy/tl,Aj a2 d4,,(. y0J, mho a4a lead 'o2Geraalc. ,%ia loaliuean�7, cer /uedeiea' it, lb eea ,., y hav t,I a., id Yeal o/ 1%e WWy o/ %do2li"ul I /pia 11t0 261/ ela", of 9elpknaleA, 499/ <, 'e-q. �1la�oz y o�' /l�ecl�ala��u/ �ercca 1 .IYM Wily YeOela/eJ 215 CITY OF NEDERLAND %q'% RESOLUTION NO. 1994 -13 J AUTHORIZING THE CITY OF NEDERLAND TO JOIN vvv WITH OTHER CITIES TO INTERVENE IN THE FUEL RATE CASE FILED BY GULF STATES UTILITIES COMPANY, PUBLIC UTILITY COMMISSION DOCKET NO. 13409, AND APPOINTING A REPRESENTATIVE FOR SUCH PROCEEDINGS. WHEREAS, on September 8, 1994, Gulf States Utilities Company ("GSU") filed a fuel surcharge case at the Public Utility Commission ( "PUC"), Docket No. 13409; and WHEREAS, it is in the public interest to join with other cities to review such filing and present such evidence as may be appropriate before the Public Utility Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. The City of Nederland should join with other participating cities to review GSU's fuel filing and to intervene at the Public Utility Commission, subject to the right to terminate such participation at any time by written notice and to act independently in the exercise of local regulatory authority. It is specifically understood that this participation will not necessitate the expenditure of any funds from the City budget. SECTION 2. The City of Nederland authorizes the Cities' Steering Committee to retain consultants and otherwise act on the City's behalf in participating in PUC Docket 13409. SECTION 3. The City's representatives are directed to request a hearing in Docket No. 13409 and, in an effort to avoid duplication, to seek consolidation with Docket No. 13170 which was filed by GSU on June 30, 1994 regarding fuel costs during most of the same period. SECTION 4. The City of Nederland authorizes the law firm of Butler, Porter, Gay & Day to represent its interests before the PUC in Docket 13409. 216 CONSIDERED, PASSED AND APPROVED this 41 day of�_, 1994, at a regular meeting of the City Council of Nederland, Texas, at which a quorum was present and which was held according to law. CITY OF NEDERLAND Carl N. LeBlanc, Mayor ATTEST: L Donna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Michard D. Hu City Attorney VVV City of Nederland, Texas 1 21 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 10, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the September 26, 1994 meeting as written. All Voted Aye. ' PROCLAMATION Mayor LeBlanc presented a Proclamation to Mrs. Karen Sue Nobles, Principal of Hillcrest Elementary School, declaring October 17, 1994 as "Koalaty Kid Day" in Nederland, Texas. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve a Proclamation declaring October 17, 1994 as "Koalaty Kid Day" in Nederland, Texas. All Voted Aye. RADIO CLUB A motion was made by Mayor LeBlanc and seconded by Councilman Paulus REQUEST to approve a request from the Jefferson County Amateur Radio Club to install two ham radio repeaters, owned by the club, on two water towers inside the city limits of Nederland. All Voted Aye. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Ordinance No. 1994 -12, gas code ordinance. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve Ordinance No. 1994 -13, mechanical code ordinance. All Voted Aye. CZ Minutes continued, October 10, 1994 COMMENTS Mr. Chester Foret, 2023 Avenue C, addressed the Council relative to a dilapidated house located on the corner of South 21st and Avenue D. He stated people are going in the vacant house at night and the neighbors are feeling unsafe. Bill Storey, City Manager, responded that the City is aware of the problem and that we are currently working on the situation. LICENSE TO A motion was made by Mayor LeBlanc and seconded by Councilman ENCROACH Schroeter to authorize the City Manager to sign a License to Encroach with Marvin Olbrich, 2915 Avenue J, and authorize a variance at this address. all Voted Aye. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize the City of Nederland to enter into a contract with T & N Laboratories & Engineering, Inc. for Q/C Testing Laboratory Services for the Water Treatment Plant construction project. All Voted Aye. PROPOSAL A motion was made by Councilman Doombos and seconded by Councilman ' Moss to accept a proposal from Gentile Construction, Inc. in the amount of $5,726.00 for exterior repairs to the Nederland Recreation Building. All Voted Aye. PIPELINE A motion was made by Mayor LeBlanc and seconded by Councilman Moss EASEMENT to defer the approval of a pipeline easement to the City Attorney for further review. All Voted Aye. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter for the Council to take the following action: (1) to confirm and ratify appointments of all City officials previously made by Council in July and August of 1994, including the following appointees: One (1) year terms - Billy J. Neal, Chief of Police; LaDonna Floyd, City Secretary; Cheryl Dowden, City Treasurer; and, Richard Hughes, City Attorney. Six (6) month term - Mike Lovelady, Fire Chief/Fire Marshall. Two (2) year terms - Planning and Zoning Commission: Bill Quick, C. J. Schexnaider, Rebecca Caddy, Joe Sudela, and Robert Sawyer. Two (2) year terms - Zoning Board of Appeals: Guy Barlow, Sr., John Fisher, JoAnn Rienstra, Kenneth Mitchell and R. A. Mannino; with such confirmation and ratification of appointees being made effective from the original date(s) of each respective appointment; (2) and to confirm and ratify all actions taken by such appointees in carrying 21 Minutes continued, October 10, 1994 APPOINTMENTS out the responsibility of their respective offices from the date of their original (CONT.) appointment(s) in 1994; and, (3) to confirm in writing the employment arrangement made with the City Attorney, including payment of a monthly retainer, additional hourly fees, expenses and authorization to utilize members of his firm to assist him in handling the legal affairs of the City, provided that there is no "double" compensation for such assistance without prior approval of Council. All Voted Aye. Billy Waller, 615 South 12 Street, addressed the motion. Jake Waller, 2635 Grand Blvd, Port Neches, Texas, addressed the motion. BIDS A motion was made by Councilman Schroeter and seconded by Councilman Moss to postpone awarding bids for general liability, worker's compensation, and auto liability insurance. Councilmen Schroeter, Doornbos and Moss Voted Aye. Mayor LeBlanc and Councilman Paulus Voted No. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to award bids received for water inventory items to Golden Triangle Pipe, Beaumont, TX. All Voted Aye. ' A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to award bids received for chemicals for the Water and Wastewater Treatment Plants as follows: Liquid Sodium Hydroxide to Weskem -Hall, Inc., Manvel, TX; Liquid Alum to Rhone - Poulene, Houston, TX; Chlorine to Jones Chemicals, Inc., Houston, TX; 25% Hydrofluosilicic (15 gallon containers) toHarcros Chemicals, Inc., Houston, TX; 25% Hydrofluosilicic (55 gallon containers) to to Weskem -Hall, Inc., Manvel, TX; Sodium Thiosulfate to Chemical Distributors, Inc., Algoa, TX; Granular Chlorine to Van Waters and Rogers, Inc., Beaumont, TX; Aqua Ammonia to Harcros Chemicals, Inc., Houston, TX; 50/50 Blend Caustic Soda & Caustic Potash to Chemcom, Inc., Katy, TX; and, Ammonium Bisulfite to Chemcomm, Inc., Katy, TX. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman - Schroeter to authorize payment of the bills for the month of September, 1994. All Voted Aye. BIDS (CONT.) A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to defer awarding bids for janitorial services. All Voted Aye. 220 Minutes continued, October 10, 1994 SURVEY A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve the survey of Schaumburg & Polk, Inc. for a 65 acre tract of land in the W. C. Carroll League, Abstract No. 13, that is to be conveyed by the City of Nederland to E. I. DuPont de Nemours. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:01 p.m. for the purpose of conducting SESSION an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss personnel. RECONVENE The regular meeting was reconvened at 7:38 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action was necessary. COMMUNICATION Bill Storey, City Manager, reported to the Council that he, Steve Hamilton, Darrell Marchand, Sr., Richard Hughes, and a representative of Schaumburg & Polk met with representatives of the T.N.R.C.C. on October 6th in Austin. The City should be receiving instructions from the agency relative to our sewer problems. ' Mr. Storey read a letter from Holy Cross Lutheran Church thanking the City for the new and improved street light that was installed near their church. ADJOURN There being no further business, the meeting was adjourned at 7:42 p.m. by Mayor Carl N. LeBlanc. Ca e I nc, Mayor City of Nederland, Texas ATTEST: - LaDonna Floyd, City Secretary City of Nederland, Texas 1 1 CITY Or NEDERLAND COUNCIL MEETING ATTENDANCE SIIEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Will E. Schroeter Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official David Ballard Parks Director Brenda Warren Librarian Mayor O (Ion , x& City Secretary Date 2211 12, 22. afluda iam.'I6 CITY OF NEDERLAND PROCLAMATION WHEREAS, die Koalaty Kid Program was developed by the American Society for Quality Control and is being administered by Texaco Chemical in order to improve education through quality improvement techniques and to increase public awareness of the quality imperative through its exposure in classrooms and students' homes; and WHEREAS, the Koalaty Kid Program emphasizes a positive environment for learning and creates pride in die teachers, die parents, die local leaders, and most of all, the students; NOW, TIIEREFORE, I, Carl N. "Cropo" LeBlanc, Mayor of the City of Nederland, Texas, do proclaim October 17, 1994 as "KOALATY KID DAY" in Nederland, Texas and I encourage all students, teachers and parents, to work hard and try hard every day to participate in the Koalaty Kid project and to make the most of their school days. IN WITNESS WIIEREOF, I have hereunto set my hand and caused the Seal of the City of Nederland to be affixed this the 10 day of October, 1994. Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTEST: �O aDonna Floyd, City ecretary City of Nederland, Texas 1 1 1 if] CITY OF NEDERLAND ORDINANCE NO. 1994 -12 GAS ORDINANCE AN ORDINANCE ADOPTING THE PROVISIONS OF THE 1994 EDITION OF THE STANDARD GAS CODE RECOMMENDED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AND REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES, OR AMENDMENTS THERETO, THAT CONFLICT WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, REGULATING THE INSTALLATION, ALTERATION, AND MAINTENANCE OF ALL PIPING EXTENDING FROM THE POINT OF DELIVERY OF GAS FOR USE AS A FUEL AND DESIGNED TO CONVEY OR CARRY THE SAME TO GAS APPLIANCES; AND REGULATING THE INSTALLATION AND MAINTENANCE OF APPLIANCES DESIGNED TO UTILIZE SUCH GAS; PROVIDING FOR THE INSPECTION OF SAID PIPING AND CERTAIN APPLIANCES; PROVIDING FOR THE ISSUANCE OF PERMITS FOR THE INSTALLATION OF SAID PIPING AND CERTAIN APPLIANCES AND THE COLLECTION OF INSPECTION FEES. PROVIDING FOR THE LICENSING OF PERSONS ENGAGING IN THE BUSINESS OF INSTALLING, REPAIRING, OR MAINTAINING SAID PIPING OR CERTAIN APPLIANCES; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, AND REPEALING ALL CONFLICTING ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the 1994 Edition of the Southern Standard Gas Code recommended by the Council of the City of Nederland, be, and the same is hereby adopted and declared operative as the Gas code of the City of Nederland, save and except the following portions that are herein modified and amended by this ordinance. Section 306.1 and 306.2 of Chapter 3 of such Code is hereby deleted and the following inserted in lieu thereof. 306.1. Metallic gas piping shall be steel pipe complying with ANSI B36.10, ASTM A 53 or ASTM A 106. Due to the high content of hydrogen sulfide (more then a trace as determined under ASTM D 2385 or ASTM D 2420) in the gas supplied by Southern Union Gas, copper and brass piping will not be allowed. 306.2. Copper tubing shall not be allowed. Tin -lined copper tubing may be used but only in lengths of 36" or less and only to connect from the gas piping to the appliance it serves. REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this Code are hereby repealed. WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and publication of the caption of this Ordinance. PASSED AND APPROVED this /0 day of 0C_- &jtee., , 1994. ATTEST: i �n �rM" c"21 nl -Labonna Floyd, dity Secretary APPROVED AS TO FORM AND LEGALITY: /,� /,/I- - Richard D. Hugh , City Attorney (:Zwtll(� Carl N. LeBlanc, Mayor O 22 224 CITY OF NEDERLAND ORDINANCE NO. 1994 -13 MECHANICAL ORDINANCE AN ORDINANCE ADOPTING THE PROVISIONS OF THE 1994 EDITION OF THE STANDARD MECHANICAL CODE RECOMMENDED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., WITH CERTAIN MODIFICATIONS, REGULATING AIR - CONDITIONING, HEATING, VENTILATION, AND REFRIGERATION WORK IN THE CITY OF NEDERLAND, TEXAS; DEFINING CERTAIN TERMS; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE AND THE ISSUANCE OF PERMITS AND ESTABLISHING CERTAIN FEES; PROVIDING FOR SPECIFICATIONS, MATERIALS, AND METHODS OF AIR - CONDITIONING, HEATING, VENTILATING, AND COMMERCIAL REFRIGERATION INSTALLATIONS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND REPEALING ALL OTHER PROVISIONS OF THE PREVIOUS MECHANICAL ORDINANCE NO. 236 AND ALL AMENDMENTS THERETO'HERETOFORE ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the 1994 Edition of the Standard Mechanical Code recommended by the Council of the City of Nederland, be, and the same is hereby adopted and declared operative as the Mechanical Code of the City of Nederland, save and except the following portions that are herein modified and amended by this ordinance. Section 104.1 of Chapter 1 of such Code is hereby deleted and the following inserted in lieu thereof. 104.1. It shall be unlawful for any person, association of persons, co- partnership, or corporation to engage in the business of refrigeration, air conditioning, heating and ventilation without first having procured a Texas Air Conditioning and Refrigeration Contractors License from ' the Texas Department of Labor and Standards. This License along with the Certificate of Insurance required by the State of Texas must be presented to The City with the application and appropriate fees in order to receive the required permit for the work. REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this Code are hereby repealed. WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and publication of the caption off this Ordinance. PASSED AND APPROVED this / / — day of //dc' &4 11994. oq'a'�. Carl N. LeBlanc, Mayor t ATTEST: onna Floyd, City Secretary APPR ED AS TO FORM AND LEGALITY: v D Richard D. Hughes, City Attorney 1 LICENSE TO ENCROACH THE STATE OF TEXAS COUNTY OF JEFFERSON E WHEREAS, on the date last indicated below, the City of Nederland, a municipal corporation, situated in Jefferson County, Texas, hereinafter referred to as "Licensor ", and Marvin E. Olbrich, and wife, Virginia L. Olbrich, as Owner, of Jefferson County, Texas, hereinafter referred to as "Licensee ", whether one or more, contracted and agreed as set forth herein; and, WHEREAS, Licensee owns the property known as 2915 Avenue J, Nederland, Jefferson County, Texas, the same being more fully described as Lot No. 17 of Sycamore 5, a subdivision to the City of Nederland, Jefferson County, Texas as the same appears by map or plat of said addition, on file and of record in Volume 9, Page 122, of the Map Records of Jefferson County, Texas; WHEREAS, Licensee desires a license from Licensor to use part of the 15' utility easement at the rear of said property for the following purposes, to wit: for a 2.35' encroachment to the 15' rear easement for an existing pool, an 11.5' encroachment to the 15' rear easement for an existing concrete pool deck, a 14.0' encroachment to the 15' rear easement for the pool pump, filter and underground piping, and a 4' encroachment to the side yard requirement for an existing metal storage building on piers, all of said encroachments being more particularly described on the EXHIBIT "A" attached hereto, and subject to all the terms and conditions hereof. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Licensor hereby grants Licensee a license to use parts of the 15' utility easement as described above, all as shown on the EXHIBIT "A" attached hereto, and subject to all the terms and conditions hereof. The subject property may continue to be occupied by Licensee solely in connection with existing strictures as indicated by the drawing in the aforementioned EXHIBIT "A" and for incidental purposes related thereto. This license shall terminate upon decision of the City Council of Nederland as described below or upon the removal or demolition of said encroachment, as herein depicted on the aforementioned EXHIBIT "A ". Improvements shall not be made upon any existing encroachment without first obtaining the written consent of Licensor and giving notice to Licensor, in writing, of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. 225, 226 In the event the City of Nederland, by Resolution of the City Council of such City determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public and it terminates this license, or any part thereof, Licensee shall not receive any compensation and the City of Nederland, Texas, shall not be liable therefore, whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor against, and pay in full, for all claims, losses, damages, lawsuits, costs or expenses, that Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the constriction, maintenance, use, state of repair, or presence of such encroaching structure, or the removal of same, and expressly including, but not limited to, such damages, etc. caused by or resulting from the negligence or misconduct of Licensor, its agents, employees, invitees, and assigns. It is further agreed between the parties that this License shall be construed as a covenant running with the land and shall be binding upon and shall insure to the benefit of Licensee and subsequent owners of said property. Licensor, and any franchised utility of Licensor, reserves the right to make improvements, perform maintenance and construction to the easement or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain any claims against such parties for any such damage sustained by Licensee to said encroachment structure or any abutting or attached ' strictures, improvements or land caused by the removal or alteration of any encroachment. This license shall be recorded in the real property records in the Office of the County Clerk of Jefferson County, Texas, by Licensor. This license is neither assignable nor transferable except in conjunction with and as a part of Licensee's conveyance of all the abutting property their license serves through probate or warranty deed or lease. In any event, Licensor shall be notified of such occurrence by delivering a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if mailed or hand- delivered to the Office of the City Manager, City of Nederland, Jefferson County, Texas. Any notice to Licensee shall be sufficient if mailed or hand - delivered to Licensee at 2915 Avenue J, Nederland, Texas 77627. 1 1 1 EXECUTED this 112 day of QdxltLt , 1994. LICENSOR: CITY OF NEDERLAND Bill Storey City Manager ATTESTED: m nI City Secretary APPROVED: Richard D. Hug 's City Attorney LICENSEE: Marvin E. Olbrich Virgi a . Olbrich THE STATE OF TEXAS COUNTY OF JEFFERSON Oo This instrument was acknowledged before me on C:fOGv �� 1994, by Marvin E. Olbrich and Virginia L. Olbrich. I Notary Public, State of Texas .sr MwaYwur �.. �,n 227 2 2.8 M93 -03 A 1'ro fcs9nnal T & N Laboratories Incorporated roate4 box 7U- b(jeJfcounfy.u7jor0 • 409- 727 -6291 • beaurnonl, texas 77705 Scr vice Fux , (409),122-6961 September 6, 1994 `'�(( )) City of Nederland Public Works c/o Mr. Steve Hamilton, P.E. P.O. Box 967 Nederland, TX. 77627 -0967 Re: Proposal to Perform Q/C Testing Laboratory Services During Construction of The Water Treatment Plant Improvements on 18th Street in Nederland, Texas (Proposal 194 -159) Dear Steve; T &N Laboratories, Inc. (T &N), is pleased to present for your consideration, this proposal to perform "Q /C Testing Laboratory Services" during construction of the above - referenced project. The following sections of this proposal will present a brief summary of engineering and technical experience, capabilities and a quotation of fees for our services. We are located in Jefferson County at the Airport to provide the "Golden Triangle" and South- east Texas with qualified engineering and testing services. T &N is a small business enterprise with more than 35 years experience in materials & geotechnical engineering and Q/C Testing Labora- tory Service. T &N Laboratories, Inc. is chartered to operate in the State of Texas as an engineering service corporation. Tech- nical assignments, procedures and reports are supervised by a staff of engineers registered to practice in the State of Texas. s i r: -1- �1 The "Capabilities Summary" included with this proposal is a list- ing of laboratory testing services to satisfy your requirements for the project. A Schedule of Services and Fees is attached for your review and consideration. After reviewing this proposal and schedule of fees, please contact me if you have any questions or require additional information about our services. It is proposed to accomplish Q/C testing on a unit price basis in accordance with the attached "Schedule of Services and Fees ". T &N's fee would be determined by actual technical time expended on the project and laboratory Q/C testing performed during con- struction phases for an estimated fee not to exceed Twelve Thousand Thousand Dollars ($12,000.00) without prior approval. Reports and invoices will be submitted according to your instructions. T &N will proceed with our work on the basis of your verbal authorization; however, if you agree with our proposal, please sign and return one (1) copy intact. When returning our copy, please complete the attached "Project Data Sheet" so that our files can be properly set up and computer programmed for report distribution, invoicing, etc. 0� -2- 2291 230 "ZPV I We sincerely appreciate this opportunity to provide "Q /C Labora- tory Services" for your important project and "Thanks for Your Support ". in the future, as in the past, our intent is to earn your confidence in our Services. Submitted for your Acceptance & Approval, T_ &N LABORATORIES, INC. �, a.4 Tom A. Farmer President Enclosures: "General Notes" "Project Data Sheet" "Capability Summary" "Proposal & Fees for Q/C Testing Laboratory Srvs. Copies: 2 - Mr. Steve Hamilton, P.E. 1 - T &N Mkt. File TAF /sw AGREED TO THIS /0 DAY OF 1994 BY: T 1 TLF : /�� la . inr ^^// �// FIRM: C��V d� i 231 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 24, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the October 10, 1994 meeting as written. All Voted Aye. PROCLAMATION Mayor LeBlanc presented a Proclamation to Ms. Betty Senemmari, Ultimate ' Home Health Care, Inc., declaring November 1 -7, 1994 as "National Diabetes Education Week" in Nederland, Texas. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve a Proclamation declaring November 1 -7, 1994 as "National Diabetes Education Week" in Nederland, Texas. All Voted Aye. PRESENTATION Cheryl Dowden, City Treasurer, presented the Mayor and Council with their annual salary of $1.00 in accordance with the Nederland Home Rule Charter, Article 3, Section 3.04. COMMENTS Jake Waller, Jr., 2635 Grand Blvd, Port Neches, Texas, stated that the first two items listed on the agenda were incorrect as to what he wished to address the Council, therefore, he addressed the insurance bids only. Bobbie VanAuken, 2423 Nederland Avenue, addressed the Council on taxes and property valuations. RESOLUTIONS A motion was made by Councilman Paulus and seconded by Councilman Doornbos to approve Resolution 1994 -14, endorsing the efforts of the National League of Cities to fully inform our citizens about the impact of unfunded federal mandates. All Voted Aye. 232 Minutes continued, October 24, 1994 ORDINANCES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve Ordinance No. 1994 -14, abandoning an alley in Block 2, Town of Nederland Addition, and authorize a quitclaim deed regarding same. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve an Amendment to Ordinance No. 164, changing the November, 1994 council meeting dates to November 7 and 21, 1994. All Voted Aye. PARKS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize the Mayor to sign an Affidavit of Local Unit of Government regarding the Doornbos Park III Grant Fund, Project No. 20- 00362. All Voted Aye. EASEMENT A motion was made by Councilman Paulus and seconded by Councilman Doornbos to grant a pipeline easement to Mobil Oil Corporation across the old landfill site. All Voted Aye. Tom Lucas, Mobil Oil Corporation, was present. ' BIDS/PROPOSALS A motion was made by Councilman Doornbos and seconded by Councilman Moss to accept a proposal from Municipal Code Corporation in the amount of $6,550.00 to index the City's minutes for the years 1961 through 1970. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to award bids received for general liability, worker's compensation, and auto liability insurance to Texas Municipal League, Austin, TX. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to award bids received for janitorial services to Action Bonded Cleaning Services, Nederland, TX in the amount of $13,592 /year. All Voted Aye. PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize payment to Allco, Inc. in the amount of $112,988.25 for Estimate No. 1, water plant construction. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment to KSA Engineers, Inc in the amount of $4,698.72 for engineering services during the construction phase of the water treatment plant construction. All Voted Aye. Minutes continued, October 24, 1994 EXECUTIVE The regular meeting was recessed at 7:07 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss personnel; and, Chapter 551.071 to discuss conclusion of DuPont litigation and related matters. RECONVENE The meeting was reconvened at 8:35 p.m. by Mayor LeBlanc. He announced that the personnel item was held for informational purposes only and that no action was necessary. LITIGATION A motion was made by Councilman Paulus and seconded by Councilman Doornbos to set the value of the property damaged by DuPont at $200,000 for purposes of the distribution of the settlement proceeds. All Voted Aye. COMMUNICATION Bill Storey, City Manager, thanked the Fire Department and Police Department staff that participated in the hazardous material incident that recently occurred on Helena Avenue. Mr. Storey reported to the Council that a record of all complaints received during the flood situation last week has been compiled and that the City will ' be checking on them. He will report back to Council on the progress. ADJOURN There being no further business, the meeting was adjourned at 8:38 p.m. by Mayor Carl N. LeBlanc. ATTEST: 0i L a aLla LaDonna Floyd, City Secretary City of Nederland, Texas Car N. LeBlanc, Mayor City of Nederland, Texas 233 234 CITY Or NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present A hcen t Carl N. LeBlanc Mayor ,/ Melvin L. Moss Councilman Ward 1 Will F. Schroeter Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager f LaDonna Floyd City Secretary f Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Rughes City Attorney Kent Walston Personnel Director Steve IIamilton Public Works Dir. Vx Rod Hatch Building Official David Ballard Parks Director Brenda Warren Librarian Mayor City Secretary 1v aLOy Date 1 1 2 3'5 CITY OF NLDLRLAND PROCLAMATION O Whereas, diabetes is a problem of grave concern and consequence in American Society with serious \Jn complications and effects which can be lessened through diabetes education; Whereas, more than 11 million people in America, including ninny people not yet diagnosed, arc affected by diabetes; Whereas, 500,000 new cases arc diagnosed yearly; Whereas, diabetes is a leading cause of death and a major cause of disability in lie United Stales; Whereas, more than 50,000 lower extremity amputations were performed on people with diabetes in the United Slates in 1985, a rate 15 times that of the non - diabetic population; Whereas, death from kidney disease is 500 limes more common among young adults with insulin dependent diabetes than in the general population; Whereas, diabetes is the leading cause of new blindness in adults; Whereas, half of all people with diabetes have a history of hypertension compared to 20 percent of the general population; Whereas, people with diabetes are twice as likely as members of the general population to have heart disease and are more likely to die from it; Whereas, detectable loss of nerve function occurs in approximately 40 percent of persons with diabetes, and aacr 25 years of the disease, more than 90 percent of patients are affected; Whereas, pregnant women with diabetes require intensive prenatal care and their babies arc five limes more likely to require intensive care during and immediately following birth than other babies; Whereas, people with diabetes are more than twice as likely to require hospitalization during the year; Whereas, diabetes education can lessen or prevent the complications associated with diabetes; Whereas, through diabetes education, the person with diabetes can gain better health, peace of mind, and an active lifestyle; and Whereas,diabctes education can help persons with diabetes live more independent and fulfilling lives; Now, therefore, be it resolved by the Nederland City Council that the period beginning November 1, 1994, and ending November 7, 1994, is designated as "National Diabetes Education Week" in Nederland, Texas and call upon die people of Nederland to observe this week with appropriate ceremonies and activities. IN WITNESS THEREOF, I cause the Official Seal of the City ofNcdcrland to be affixed this 24 day of October. 1994. Carl N. "Cropo" Lefllan , Mayor City of Nederland, Texas ATTEST: � % y La Donna Floyd, City Secretary City of Nederland, Texas 236 ,00,00`4 CITY OP NEDERLAND Resolution No. 1994 -14 Whereas, unfunded federal mandates on state and local governments have increased significantly in recent years; Whereas, federal mandates require cities and towns to perform duties without consideration of local circumstances, costs, or capacity, and subject municipalities to civil or criminal penalties for noncompliance; Whereas, federal mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of municipal citizens; Whereas, excessive federal burdens on local governments force some combination of higher local taxes and fees and /or reduced local services on citizens and local taxpayers; Whereas, federal mandates are too often inflexible, one -size- fits -all requirements that impose unrealistic time frames and specify procedures or facilities where less costly alternatives might be just as effective; Whereas, existing mandates impose harsh pressures on local budgets and the federal government has imposed a freeze upon funding to help compensate for any new mandates; Whereas, the cumulative impact of these legislative and regulatory actions directly affect the citizens of our cities and towns; and Whereas, the National League of Cities, following up on last year's successful effort, is continuing its national public education campaign to help citizens understand and then reduce the burden and inflexibility of unfunded mandates, including a National Unfunded Mandates Week, October 24 -30, 1994; Now, therefore, be it resolved that the City of Nederland endorses the efforts of the National League of Cities and supports working with NLC to fully inform our citizens about the impact of federal mandates on our government and the pocketbooks of our citizens; Be it further resolved that the City of Nederland endorses organizing and participating in events during the week of October 24 -30, 1994; and finally Be it further resolved that the City of Nederland resolves to continue our efforts to work with members of our Congressional delegation to educate them about the impact of federal mandates and actions necessary to reduce their burden on our citizens. PASSED AND APPROVED at a regular meeting of the Cit Council of the City of Nederland, Texas this s1`L day of , 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ,"_ LaDOnna Floyd, ity Secretary City of Nederland, Texas it 1 1 237 CITY OF NEDERLAND ORDINANCE NO. 1994 -14 O AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING OF AN ALLEY IN THE CITY OF 1V� NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Jack G. McNeill and Jerry H. McNeill are the owners of the property adjacent to the alley hereinafter described; WHEREAS, that said portion of said alley is no longer used and the said above named property owners have requested the City Council of the City of Nederland to discontinue, close and abandon said portion of the alley, as hereinafter described; and WHEREAS, if there are utilities located in said alley and if it is necessary to relocate the utilities in said alley to be closed, the above named property owners have agreed to pay all expenses for the relocation of said utilities in exchange for the closing thereof; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That the following described portion of said alley in the City of Nederland, Jefferson County, Texas, be and it is hereby discontinued, closed and abandoned as a public alley: The alley that extends from Chicago Avenue to Detroit Avenue in Block 2 of TOWN OF NEDERLAND ADDITION, Jefferson County, Texas. ' SECTION 2: That the above named property owners pay all expenses for the relocation of the utilities located on the above described portion of said alley, if any. f SECTION 3: This ordinance shall be effective from and after its passage. SECTION 4: That the Mayor and City Secretary shall be authorized to sign and attest the transfer of this property by Quit -Claim Deed or other instruments, as needed, to the above named. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland on / O -« q-W Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard Hughes, C Attorney City of Nederland, Texas 2 3 8 M AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM NOVEMBER 7, 1994 THROUGH APRIL 24, 1995 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 meetings of the City Council ofthe City of Nederland, Texas. All of the below regular meetings shall begin at 6:00 p.m. on each of the following dates: November 7 November 21 December 12 December 19 January 9 January 23 February 13 February 27 March 13 March 27 April 10 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 24 day of October, 1994. (2 4h,4 Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: E Richard Hughes, CiPy Attorney City of Nederland, Texas �I L 2391 AFFIDAVIT OF LOCAL UNIT OF GOVERNMENT OQ STATE OF TEXAS § § COUNTY OF § BEFORE ME, a Notary Public in and for Jefferson County, Texas, on this day personally appeared Carl N. LeBlanc and who after having been by me duly sworn, upon his /her oath deposes and says: That certain improvements were constructed and are complete in accordance with the original and revised plans and specifications on file for Nederland - Doornbos Park III Grant Fund, Project Number 20- 00362. That a contractor's affidavit has been obtained from the contractor stating that all buildings, facilities or improvements have been fully completed, and that all subcontractors, materialmen and labor contractors furnishing material and labor for the construction of buildings, facilities or improvements have been fully paid and that there are no disputed or unpaid labor or material claims against said buildings, facilities or improvements or the property upon which said buildings, facilities or improvements are situated; and the contractor has acknowledged the receipt of all sums of money due him /her under his /her contract with the local unit of government. The local government agrees further that it will hold the State of Texas harmless as to any claim or claims which may hereafter arise or be filed against the local unit of government in regards to the above numbered project. SWORN AND SUBSCRIBED BEFORE ME, the undersigned authority, on this day personally appeared: CITY OF NEDEERRLAANjD C� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed and in the capacity stated herein. 240 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 25 day of October A.D. , 19 94. NOTARY PUBLIC IN AND FOR Jefferson COUNTY, TEXAS 1. • ,� tom c000 tu� �E�w W Cann+Ydon F #M NOVEMBER 19.1997 NOTARY PUBLIC IN AND FOR Jefferson COUNTY, TEXAS 1. Municipal Code ,Corporation 1 March 4, 1994 Ms. LaDonna Floyd City Secretary City of Nederland Post Office Box 967 Nederland, TX 77627 Dear Ms. Floyd: 241 Thank you for your correspondence of February 3, 1994, concerning the indexing of additional years of the City's minutes. As requested, we are pleased to submit our proposal for the indexing project. PAST MINUTES - TEN -YEAR INDEX (1961 through 1970) The cost for an Index covering this time period would be $6,550, based on 130 Index pages. Pages in excess of 130 would be charged at the rate of $35 per page. Should the minutes fail tb produce 130 Index pages, we would deduct at the same $35 per page rate. Payment for the ten -year Index could be scheduled through two budget years. The cost includes the Index on Disk which will be furnished on 3 -1/2 inch diameter high density disks, formatted for DOS, with data in WordPerfect 5.1. The disk will be sent upon completion of the project. We have added an acceptance clause to this letter. If acceptable, please execute and return a photocopy of the signed agreement for our files. If you have any questions concerning our quotation, please call us on our toll free number. Thank you for your continued support of MCC's Indexing Service. We always appreciate the privilege to be of service to you and the City of Nederland. Sincerely, A. Lawton I.an for l President ALL /dcm Accepted this to day o (2C&/ u,i -,,A994, by Nederland, Texas. Signed By: Title: P1G U,2 r Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576 -3171 1- 800 - 262 -CODE March 4, 1994 Ms. LaDonna Floyd City Secretary City of Nederland Post Office Box 967 Nederland, TX 77627 Dear Ms. Floyd: 241 Thank you for your correspondence of February 3, 1994, concerning the indexing of additional years of the City's minutes. As requested, we are pleased to submit our proposal for the indexing project. PAST MINUTES - TEN -YEAR INDEX (1961 through 1970) The cost for an Index covering this time period would be $6,550, based on 130 Index pages. Pages in excess of 130 would be charged at the rate of $35 per page. Should the minutes fail tb produce 130 Index pages, we would deduct at the same $35 per page rate. Payment for the ten -year Index could be scheduled through two budget years. The cost includes the Index on Disk which will be furnished on 3 -1/2 inch diameter high density disks, formatted for DOS, with data in WordPerfect 5.1. The disk will be sent upon completion of the project. We have added an acceptance clause to this letter. If acceptable, please execute and return a photocopy of the signed agreement for our files. If you have any questions concerning our quotation, please call us on our toll free number. Thank you for your continued support of MCC's Indexing Service. We always appreciate the privilege to be of service to you and the City of Nederland. Sincerely, A. Lawton I.an for l President ALL /dcm Accepted this to day o (2C&/ u,i -,,A994, by Nederland, Texas. Signed By: Title: P1G U,2 r 242 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 7, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Kent Walston, Personnel Director. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the October 24, 1994 meeting as written. All Voted Aye. PROCLAMATIONS Mayor LeBlanc presented a Proclamation to Beverly Minaldi, Nederland High ' School, declaring November 13 -19, 1994 as "American Education Week" in Nederland, Texas. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Proclamations declaring November 6 -12, 1994 as "National Chemistry Week" and November 13 -19, 1994, as "American Education Week" in Nederland, Texas. All Voted Aye. CITY MANAGER Bill Storey, City Manager, reported that he has submitted his resignation to REPORT the Mayor and City Council. After a brief summary of his beliefs on what would be important for Nederland he stated that he has agreed to remain in his position until January 31, 1995 in order to give sufficient time to find a replacement. COMMENTS Bobbie VanAuken, 2423 Nederland Avenue, addressed the Council on personnel and contracts. Carrie Duhon, 1404 Jackson, asked to address the Council relative to City employees. 243 Minutes continued, November 7, 1994 Harold Talley, OCAW 4 -228, responded to the Council and citizens that Mayor LeBlanc did not seek the OCAW endorsement during the May election but that they had asked to endorse him. Mark DeVillier, 604 South 8 Street, addressed the Council relative to drainage problems in his area of town. Steve Hamilton, Director of Public Works, responded that the City staff should have a meeting with Jefferson County Drainage District No. 7 staff to determine what would be the best solution to the drainage problem in this neighborhood. Hadon Jones, 924 Avenue E, stated that he has met with DD No. 7 and that they do not wish to meet with Nederland citizens. Darren Jenson, 615 South 8 Street, agreed with Mr. DeVillier that the drainage problem is severe. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Ordinance No. 1994 -15, electing for the City of Nederland to ' make current service and prior service contributions to the City's account in the Texas Municipal Retirement System. All Voted Aye. RESOLUTIONS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to approve Resolution No. 1994 -15, approving the 1994 appraisal roll as certified by the Jefferson County Tax Office. All Voted Aye. T.M.R.S. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve the reimbursement of $18,415.43 for underfunding of Texas Municipal Retirement System accounts. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to award bids received for one (1) automated side loader garbage truck body to The Heil Company in the amount of $52,625.00. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve payment of the bills for the month of October, 1994. All Voted Aye. 244 Minutes continued, November 7, 1994 EXECUTIVE The regular session was recessed at 6:56 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss personnel and the T.M.R.S. application to City Manager's employment; and, Chapter 551.071, to discuss possible litigation between the City of Nederland and the Nederland Professional Firefighters Association. RECONVENE The meeting was reconvened at 8:10 p.m. by Mayor LeBlanc. He announced that the personnel items were held for informational purposes only and that no action was necessary. LITIGATION A motion was made by Councilman Paulus and seconded by Councilman Schroeter to notify the Nederland Professional Firefighters Association that the City of Nederland will not participate in arbitration. All Voted Aye. APPOINTMENT A motion was made by Councilman Paulus and seconded by Councilman Moss to appoint Mike Lovelady as the Fire Chief/Fire Marshall for a duration to coincide with the other appointees which expires June 30, 1995. All Voted Aye. I COMMUNICATION Bill Storey, City Manager, reported to the Council that the D. Bob Henson Memorial Library received a $62,000 grant from the Hebert Foundation. Mr. Storey also stated that he has asked the Library Director for a report on the citizens committee that is studying the possibility of building a larger library facility. Mr. Storey also informed the Council that two by passes were reported by citizens at Nederland Avenue at 16th Street and Avenue H at 15th Street. Upon completion of an investigation by Tony Humphrey, Engineer, it was determined that there were no by passes at these two locations. Councilman Paulus thanked the City staff for the way they stayed within their budgets for fiscal year 1993 -94. He particularly thanked Cheryl Dowden, Treasurer, and Kent Walston, Personnel Director, for presenting a revised budget format that appears to be working better than past years. L 1 1 1 Minutes continued, November 7, 1994 ADJOURN There being no further business, the meeting was adjourned at 8:19 p.m. by Mayor Carl N. LeBlanc. N. ayo City of Nederland, Texas ATTEST: 04L" C)d� LaDonna Floyd, City ecretary City of Nederland, Texas 2451 2 Name CITY Or NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Will E. Schroeter Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storej City Manager LaDonna Floyd City Secretnry Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Din Rod Hatch Building Official David Ballard Parks Director Brenda Warren Librarian Mayor r-A0 "', oQ City Secretary /I - 17-94 Date pj L I j I 247 CITY OF NEDERLAND A PROCLAMATION Q� WHEREAS, the Bible is the foundational document of the Judeo- Christian principles upon which our nation was conceived; and WHEREAS, the Bible has been a constant source of moral and spiritual guidance for Americans throughout our history; and WHEREAS, the Bible has profoundly influenced our nation's art, literature, music, laws and sense of charity, and WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions ofAmericans today; and WHEREAS, for fifty four years, women and men of all faiths have banded together in the Laymen's National Bible Association to sponsor National Bible Week as a time to remind their fellow Americans of the Bible's unique place in American life; and WHEREAS, this annual emphasis has helped to strengthen spiritual ' understanding throughout America by encouraging personal reading and study of the Bible; THEREFORE, I, Carl N. "Cropo" LeBlanc, Mayor of the City of Nederland, Texas, do hereby proclaim November 20 -27, 1994 as "NATIONAL. BIBLE WEEK" in Nederland, Texas. I urge all my fellow citizens to participate in the observance of NATIONAL BIBLE WEEK by reading the Bible and discovering for themselves its values for personal and community life. IN WITNESS THEREOF, I hereunto set my hand and have caused the Seal of the City of Nederland to be affixed this 101h day of November, 1994. r Carl N. "Cropo'VLeBlanc, Mayor City of Nederland, Texas ATTEST.• i i LaDonna Floyd, City Secretary City of Nederland, Texas i i � I, 248 CITY OF NEDERLAND ORDINANCE NO. 1994 -15 AN ORDINANCE ELECTING FOR THE CITY TO MARE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS \V� MUNICIPAL RETIREMENT SYSTEM AT SUCH RATE WITHIN LEGAL LIMITS, AS THE ACTUARY ANNUALLY DETERMINES IS REQUIRED TO FUND WITHIN A PERIOD OF TWENTY -FIVE YEARS FROM THE MOST RECENT VALUATION DATE, THE COSTS OF EMPLOYEE BENEFITS PAYABLE FROM, OR CHARGEABLE TO, THE CITY'S SAID ACCOUNT IN SAID FUND. WHEREAS, the City of Nederland is a participating municipality in the Texas Municipal Retirement System, and has heretofore undertaken to provide certain retirement, death and disability benefits to its employees pursuant to Subtitle G, Title 8, Government Code, (hereinafter, the "TMRS Act "); and WHEREAS, the actuary for the System has determined that the City cannot fund the existing level of such benefits as are chargeable to its account in the Municipal Accumulation Fund of the System, within a period of twenty -five years from the latest actuarial valuation date by contributions at the present maximum rate allowed by Sections 855.407(a) and 855.501, of the TMRS Act; WHEREAS, it is in the public interest that adequate provision be made to fund such benefits as authorized by law, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF NEDERLAND, TEXAS: Section 1. Pursuant to Section 855.407(f), of the TMRS Act, the City hereby elects to make future normal and prior service contributions to its account in the Municipal Accumulation Fund of the System at such combined maximum rate, not exceeding 14.92% of the total compensation paid by the City to employees who are members of the System, as the System's actuary shall annually determine as the rate necessary to fund, within a period of twenty - five years from the latest actuarial valuation date, the costs of all benefits heretofore undertaken to be provided by the City and which are chargeable to or are to be paid out of the City's account in said accumulation fund. Section 2. The provisions of the ordinance shall become effective on January 1, 1995. PASSED AND APPROVED this the day of 2Q01.M1-dqA 1994. &ti6, 4A_a� Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: aorrhn<' LaDOnna Floyd, dity Secretary City of Nederland, Texas APP VED AS TO FORM AND LEGALITY: 'Richard D. Hughes, City Attorney City of Nederland, Texas CITY OF NEDERLAND RESOLUTION 1994 -15 BE IT RESOLVED PURSUANT TO THE TEXAS PROPERTY TAX CODE, SECTION 26.09, THAT THE CITY COUNCIL OF THE CIT/Y� OF NEDERLAND HEREBY APPROVE THE 1994 TAX ROLL THIS / — DAY OF _ /_1nUf/� I C C- 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ' ATTEST: LaDonna Floyd, dity Secretary City of Nederland, Texas fl APPROVED AS TO FORM AND LEGALITY: Richard D. Hug es, City Attorney City of Nederland, Texas 2491 250 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 21, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM ` >< See attached. INVOCATION The invocation was given by James Willett, Ace Signs. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the November 7, 1994 meeting as written. All Voted Aye. PROCLAMATION Mayor LeBlanc presented a Proclamation to Vera LeBlanc, Home Care Plus, ' declaring November 26 - December 3, 1994 as "Horne Care Week" in Nederland, Texas. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve a Proclamation declaring November 26 - December 3, 1994 as "Home Care Week" in Nederland, Texas. All Voted Aye. COMMENTS Betty Dixon, Executive Vice President of the Nederland Chamber of Commerce, read a letter dated November 17, 1994 addressed to the Mayor and Council, which stated the Chamber would like to pay tribute to this very special community we five in and urge all citizens to begin the holiday season by reflecting for a moment on the many blessings we have. Mrs. Dixon added that the Board of Directors would like to voice their confidence and pledge their support to the City Council. Mayor LeBlanc thanked Mrs. Dixon and the Chamber Directors, as well as their members, for their support. Mrs. Dixon asked the Council to consider closing Boston Avenue from 13th Street to 14th Street on December 10, 1994 for "Christmas on Boston ". 1 U 1 Minutes continued, November 21, 194 Mayor LeBlanc responded that due to this request not being specifically listed on the agenda and no meeting being scheduled prior to December 10th we will conduct a Special Meeting the week of November 28, 1994 to consider this request. EXECUTIVE The regular session was recessed at 6:11 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss personnel. RECONVENE The regular session was reconvened at 7:27 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action is required.. SUBDIVISIONS A motion was made by Councilman Paulus and seconded by Councilman Moss to approve the Planning and Zoning Commission's recommendation to approve the final plat of Stillwater Estates (outside the city limits, but within the extraterritorial jurisdiction). All Voted Aye. AGREEMENT A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize the City of Nederland to sign a release agreement for a full and final settlement for damages incurred by Coastal Sprinkler, Inc. All Voted Aye. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to postpone appointing a Search Committee for the purpose of selecting finalists for the position of City Manager. All Voted Aye. BIDS A motion was made by Councilman Paulus and seconded by Councilman Moss to authorize the advertisement of bids for the following: a generator for City Hall and the Fire and Police Departments; one (1) police car; and, bank depository. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize payment to Allco, Inc. in the amount of $63,727.42 for Estimate No. 2, Water Treatment Plant Construction. All Voted Aye. 251 259 Minutes continued, November 21, 1994 COMMUNICATION Bill Storey, City Manager, informed the Council that the City has completed the sewer line relocation at Hillcrest Baptist Church. Mr. Storey also reported that City representatives will be going to Dallas on November 30th to meet with the Environmental Protection Agency to discuss the sewer problems in Nederland. He extended an invitation to any of the council members who may want to attend. Councilman Doombos suggested that the City Attorney may need to be at the meeting with the E.P.A. Mr. Storey stated that the City will begin the inflow /infiltration repairs with one full time city employee and up to three temporary people. This program will begin very soon. Mayor LeBlanc stated that he has received several compliments on the clean up job done by prisoners to the tree line between Doombos Park and Hillcrest Elementary School. Councilman Paulus reported that he will review the cost study presented by Texas Pipeline for the relocation of the line at the Water Treatment Plant site and will report back his findings. I ADJOURN There being no further business, the meeting was adjourned at 7:45 p.m. by Mayor Carl N. LeBlanc. ATTEST: LaDonna Floyd, City Secret ry City of Nederland, Texas (*,?" -, 1A Z& hffl N. Le anc, Mayor City of Nederland, Texas 1 i CITY Or NEDLRLAND COUNCIL MEETING ATTENDANCE SHLLT Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Will E. Schroeter Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian / ' �,� V� I, ayor City Secretary / / -021- 9 C/ Date 253 1254 Cepoda (X_M 'A " CITY OF NEDERLAND A PROCLAMATION Whereas, home health care ranks as the least costly way of receiving quality health care; and, Whereas, Home Care Plus, Inc. employs a qualified and professional staff of registered and licensed nurses, physical therapists, speech pathologists, respiratory therapists, home health aides, and nutritional staff to offer citizens access to the highest quality and levels of in -home care; and, Whereas, Home Care Plus, Inc. takes pride in its multi- service health care programs, and is dedicated to providing affordable care within the patient's home; and, Whereas, "Home Care Week" is celebrated by some 800 agencies throughout the state and over 5,000 throughout the nation. Now, Therefore, I, Carl N. "Cropo" LeBlanc, Mayor of the City of Nederland, do hereby proclaim the week of November 26- December 3, 1994 as "Home Care Week" in Nederland, Texas to acknowledge the role Home Care Plus, Inc. and other home care agencies play in caring for the ill, elderly, infants, pediatrics, disabled or injured at less cost to them, to third party payers and to the tax payers. In Witness Thereof, I hereunto set my hand and have caused the Seal of the City of Nederland to be affixed this 21st day of November, 1994. 604A. _e4 L11- Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 1 1 1 1 1 NO. 72164 CITY OF NEDERLAND § IN THE COUNTY COURT AT LAW VS. § NO. 1 COASTAL SPRINKLER, INC. § JEFFERSON COUNTY, TEXAS FULL AND FINAL RELEASE THAT the Plaintiff, CITY OF NEDERLAND, for and in consideration of the sum of Three Thousand and no /100 ($3,000.00) Dollars to it in hand paid by COASTAL SPRINKLER, INC. and its representatives, the receipt and adequacy of which is hereby acknowledged and confessed, as an authorized representative of the CITY OF NEDERLAND, for its heirs, administrators, executors, successors, agents, servants, employees, assigns, legal representatives and all others in privity with it, does hereby fully, finally and forever RELEASE, ACQUIT and FULLY DISCHARGE COASTAL SPRINKLER, INC. and FIREMAN'S FUND INSURANCE COMPANY, their assigns, successors, agents, servants, employees, representatives and all those in privity with them, and all other persons, firms or corporations legally responsible whether named in this Release or not, of and from all claims, be they bad faith, unfair claims practices, claims of good faith and fair dealing or any other claims of whatsoever nature, be they in contract or tort, demands, rights, controversies, liens or causes of action of any kind for damages, whether in contract or in tort, whether now known or not, losses and damages by our administrators, and legal representatives, or the property of Plaintiff sustained or received as a result of the occurrence on or about December 4, 1992 in Jefferson County, Texas, reference being made to the pleadings in 2551 256 the above entitled and numbered cause of action for a more complete description of the claims made by Plaintiff and damages alleged, t and such pleadings are made a part hereof for all purposes. Without limiting the generality of the foregoing Release of All Claims growing out of or resulting from said occurrence, it is expressly agreed and understood for the consideration named, the Plaintiff does by these presents release, relinquish, discharge and quitclaim unto COASTAL SPRINKLER, INC. and FIREMAN'S FUND INSURANCE COMPANY, their heirs, assigns, successors, agents, servants, employees, representatives and any other person, firm,or corporation legally responsible of and from any and all rights and from any and all claims of whatsoever kind or character, arising from the occurrence in question and especially, but not limited to, personal injuries; mental and physical pain and suffering; loss of wages, earnings and earning capacity; property damage; doctors, hospitals, nurse and drug bills; attorney's fees; and any other loss or detriment of any kind, past, present or future, regardless of whether said claim or damages are now known or asserted in the undersigned's pleadings, or otherwise. The undersigned agrees, as a further consideration and inducement for this compromise settlement, that this release shall apply to all unknown and unanticipated injuries and damages resulting from said accident, casualty or event, as well as to those now disclosed. We hereby expressly warrant and represent that we have not assigned, pledged, or otherwise in any manner whatsoever, sold, or transferred, either by instrument in writing or otherwise, any 257 right, title, interest, or claim which we have or may have by reason of the accident described above or any matters arising out of or related thereto except to our counsel. We further, for ourselves, our heirs, executors, administrators and assigns, agree to and do hereby agree to INDEMNIFY and HOLD HARMLESS each and all of the parties hereby released from any and all claims, demands, actions and causes of action of whatsoever nature or character which have been or which may hereafter be asserted by any person, firm or corporation, including our insurance company, whomsoever claiming by, through, or under me as a result of the above described accident, and to INDEMNIFY and HOLD HARMLESS such parties from any and all demands, actions and causes of action for contribution and /or indemnity which may hereafter be asserted by any person, firm or corporation against the parties hereby released, as a result of the above described accident. To secure this payment, we do hereby warrant and covenant that as a result of the above accident all hospital bills have been paid, that there is no hospital lien, and that any and all liens of any nature whatsoever, not limited to but including workers, compensation liens and hospital liens, have been paid, will be paid by the undersigned, or have been waived by the lien holder. We further agree to INDEMNIFY and HOLD HARMLESS the parties released herein from any such liens. It is expressly understood and agreed that this release and settlement is not an admission of liability on the part of anyone, which liability is expressly denied, it being understood and agreed that the acceptance of the sum paid is in full accord and 1258 satisfaction of a disputed claim and that the payment of said sum is not an admission of liability. It is further expressly understood and agreed that this release and settlement is intended to cover and does cover not only all now known injuries, losses and damages, but any future injuries, losses and damages not now known or anticipated but which may later develop or be discovered, including all the effects and consequences thereof. We further warrant and represent that we are making this compromise settlement and executing this release solely of our own judgment with consultation and advice from our attorney; and that we voluntarily accept said sum for the purpose of making a full and final compromise, adjustment and settlement of all claims for injuries, losses and damages resulting or to result from said occurrence made the basis of the above entitled and numbered cause , of action. It is further understood and agreed that in the above entitled and numbered cause of action a take nothing judgment will be entered therein, where we will take nothing or recover nothing of and from the Defendant, COASTAL SPRINKLER, INC., and costs of Court shall be paid by the party incurring same. The statements and representations contained herein are to be considered contractual in nature and not mere recitations of fact, and this agreement shall be binding upon our heirs, assigns, administrators, executors and legal representatives forever. 1 2591 EXECUTED IN MULTIPLE ORIGINALS on this 21 day of November , 1994. CITY OF NEDERLAND BY: ( ?a 461. , A P-.e,, Name: Carl N. LeBlanc Title: Mayor THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Carl N. LeBlanc , being an authorized representative of the CITY OF NEDERLAND, known to me to be the person whose name is subscribed to the foregoing instrument, ' and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21 day of November , 1994. Q,1L('1 l 1( -C" NOTARY PUBLIC 114 AND FOR THE STATE OF T E X A S LADONNA FLOYD Notory Public STATE OF TEXAS '. ti +' My Commission Expires FEBRUARY 2.1997 I do hereby certify that I have fully explained the foregoing Full and Final Release to the representative of the CITY OF NEDERLAND, who is fully authorized to execute this instrument, who has stated that he understands this instrument; and that I approve of the form and substance of this instrument. EXECUTED this the 21 d y f N ve b e r , 1994. J S E. WIMB RLEY 264 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 12 noon November 28, 1994 MEETING The meeting was called to order at 12 noon by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Mayor LeBlanc. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the November 21, 1994 meeting as written contingent upon changing under Communications Texas Pipeline to Texas Eastern Transmission Pipeline. All Voted Aye. STREETS AND A motion was made by Councilman Paulus and seconded by Councilman , SIDEWALKS Doornbos to approve the closure of Boston Avenue from 13th Street to 14th Street on December 10, 1994. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned at 12:05 p.m. by Mayor Carl N. LeBlanc. ATTEST: LaDonna Floyd, ity Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward 1 Will E. Schroeter Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian — a4 � - w Mayor ( DCa_dJ�MM�_ Ci�y Secretary /-C29 -gg Date 261 262 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. December 12, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Paulus. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the Special Meeting of November 28, 1994 as written. All Voted Aye. CITIZEN Bobbie VanAuken, 2423 Nederland Avenue, asked to speak to the Council I COMMENTS relative to sewer line maintenance. Candace Blanton, 1407 South 17th Street, asked to speak to the Council relative to inflow /infiltration. RESOLUTIONS Mr. Marion Rienstra, 213 W. Caldwood, Beaumont, on behalf of himself, his wife and children, was present to donate approximately 3.24 acres of property located in the 800 block of Helena Avenue, to be used as a park to be known as " Rienstra Heritage Park ". A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve Resolution 1994 -16, accepting a donation of property located in the 800 block of Helena from Mr. & Mrs. Marion Rienstra to be used as a park to be known as " Rienstra Heritage Park ". All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Resolution 1994 -17, supporting the Lamar University System and all its components. All Voted Aye. 1 263 Minutes continued, December 12, 1994 APPOINTMENTS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to appoint Nell Christopher to serve another two -year term as a member of the Advisory Council of the South East Texas Regional Planning Commission's Golden Triangle Retired and Senior Volunteer Program. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to appoint John Borne to serve as City Judge for a period to coincide with the other appointees - June 30, 1995. All Voted Aye. LEGAL A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to appoint Mr. Robert Hambright as the City's attorney in the dispute with the Firefighters Union. All Voted Aye. LICENSES, A motion was made by Councilman Paulus and seconded by Councilman Moss PERMITS & to accept applications received for "on premise" consumption of alcoholic FEES beverages in accordance with Ordinance No. 70 as follows: 1. B.K. Hammerly dba American Legion Post 593 ' 2. Irene Collins dba Irene's Inc. 3. R.H.M. Corporation dba LaSuprema 4. Travis Neal Pierce dba Mazzio's Pizza 5. Donny G. Broussard dba Pizza Inn 6. Albert Ramirez dba Taco Rey 7. Constantine Megas dba The Schooner 8. Fuk Fong Lo dba The Golden Lion 9. Dave Jones dba Novrozsky's 10. Sal Carfi dba Italian Restaurant and Flying Pizza. All Voted Aye. LEASE A motion was made by Mayor LeBlanc and seconded by Councilman Moss AGREEMENT to approve a lease agreement between the City of Nederland and Eddie H. King for property at 908 Boston Avenue. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve payment to KSA Engineers, Inc. in the amount of $2,800.00 for engineering services during the construction phase of the Water Treatment Plant. All Voted Aye. 264 Minutes continued, December 12, 1994 PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize payment of the bills for the month of November, 1994. All Voted Aye. EXECUTIVE The regular session was recessed at 6:51 p.m. by Mayor LeBlanc for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss personnel. RECONVENE The regular session was reconvened at 7:32 p.m. by Mayor LeBlanc. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to appoint Dalton Babineaux, Jess Fuller, Candace Blanton, Hayden White, Carrie Duhon, Mayor Carl N. LeBlanc, and Councilman Billy W. Doornbos to a Search Committee for the purpose of selecting finalists for the position of City Manager. All Voted Aye. COMMUNICATION Bill Storey, City Manager, reported that the E.P.A. has set specific dates for us to meet certain criteria in the by -pass inquiry. ADJOURN There being no further business, the meeting was adjourned at 7:35 p.m. by Mayor Carl N. LeBlanc. Carl. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 1 CITY Or NEDERLAND COUNCIL MLRTING ATTENDANCE SHLLT Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward 1 �✓ Will E. Schrocter Councilman Ward 2 V11, W. Ceyril Paulus Councilman Ward 3 �✓ Billy W. Doornbos Councilman Ward 4 ✓ Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief ✓ Richard Hughes City Attorney �✓ Kent Walston Personnel Director ✓ Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor ity Secretary Date ?65 2 6 6,j .� CITY OF NEDERLAND RESOLUTION NO. 1994 -16 WHEREAS, Marion J. Rienstra and wife, Betty H. Rienstra, desire to donate that certain parcel of real estate described in the Deed of Conveyance, a copy of which is marked Exhibit "A" and attached hereto and made a part of this resolution for all purposes. WHEREAS, Marion J. Rienstra and wife, Betty H. Rienstra, desire that this property be developed and used by the City of Nederland for park purposes within a reasonable period of t time. WHEREAS, Marion J. Rienstra and wife, Betty H. Rienstra, desire that the City maintain a wooded, rustic appearance in the design and maintenance of the park and that such gift conveyance revert to grantors at such time as it is no longer maintained as a wooded park. WHEREAS, it is also the desire of Marion J. Rienstra and wife, Betty H. Rienstra, that the park be called " Rienstra Heritage Park." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nederland does hereby agree to accept and does accept with gratitude the gift of land from Marion J. Rienstra and wife, Betty H. Rienstra under the conditions specified herein and as further set forth in the Deed of Conveyance. PASSED AND APPROVED this 1"241�, day of � c,, qA , 1994. &,� 6 . &,,1,2", Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: i `" iaDonna Floyd, City'Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cify Attorney City of Nederland, Texas j is 1 1 1 1 CITY OF NEDERLAND RESOLUTION NO. 1994 -17 WHEREAS, there have been newly elected individuals to positions of public authority and responsibility in Austin and Washington; and WHEREAS, there has been discussion and debate on campus, in the community and in the media regarding the future of the Lamar University System; and WHEREAS, Lamar University System campuses are providing education, training, public service and community enrichment to citizens throughout Southeast Texas. NOW, THEREFORE, BE IT RESOLVED that the undersigned hereby go on record in full support of the current Lamar University System structure and its individual components: Lamar University - Beaumont, Lamar University Institute of Technology, Lamar University -Port Arthur, Lamar University- Orange and the John Gray Institute. Furthermore, we urge elected representatives at all levels of government to defend and protect Southeast Texas' most important higher education resource. PASSED AND APPROVED this Zn2_ day of [, !s w1i22 , 1994. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: �,fl`t/1.e, A X J,, ,^ LaDonna Floyd, tity Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas /267, �1 r 5 "y R yrfl THE STATE OF TEXAS § § LEASE AGREEMENT COUNTY OF JEFFERSON § This Lease Agreement ( "Lease ") is made and entered into effective January 1, 1995, by and between the CITY OF NEDERLAND ( "Lessor ") and EDDIE HARSTON KING ( "Lessee "). Lessor leases to Lessee, and Lessee leases from Lessor, all that certain property situated, lying and being located in Jefferson County, Texas, known as 908 Boston Avenue, Nederland, Texas ( "Leased Premises "), said property being described as follows, to -wit: BEING out of and a part of the South one -half of Block 9, Mena Park, Nederland, Jefferson County, Texas and more fully described as follows, to- wit: BEGINNING at the Easterly corner of Block 9, Mena Park, said point being where the most Northerly line of Block 9, Mena Park intersects the most Westerly line of 9th Street; THENCE in a Southerly direction, along the most Westerly right -of -way line of 9th Street to a point of intersection as the most Northerly right -of -way line of Boston Avenue to point for second corner; THENCE in a Westerly direction, along the most Northerly right -of -way line ' of Boston Avenue, a distance of 75 feet to point for third corner; THENCE in a Northerly direction, parallel to the Westerly right -of -way line of 9th Street to a point on the most Northerly line of Block 9, Mena Park; THENCE in an Easterly direction along the most Northerly line of Block 9, Mena Park to first and beginning point on the most Westerly right -of -way line of 9th Street. I. TERM 1.1 The term of this Lease shall be for a period of five (5) years, beginning on the 1st day of January, 1995 and ending on December 31, 1999, unless terminated earlier as provided in this Lease. J 269 II. RENT 2.1 Rent shall be the sum of ONE AND NO /100 ($1.00) DOLLAR per year and shall commence on January 1, 1995. Rent shall be payable annually, in advance, on the first (1st) day of each year, beginning on January 1, 1995 and continuing regularly until the termination of this Lease. 2.2 Rent shall be payable at the office of Lessor, unless Lessee is otherwise notified by Lessor in accordance with Paragraph 7.1 hereof. III. USE 3.1 The Leased Premises shall be used only as a meeting place for members of Alcoholics Anonymous ("AX). Neither Lessor nor Lessee shall permit the Leased Premises or any part of the Leased Premises to be used for (a) the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire or liability insurance on the Leased Premises; (b) the creation or maintenance of a public nuisance; (c) anything which is against public laws, regulations or rules of any public authority at any time applicable to the Leased Premises. ' IV. DESTRUCTION OF PREMISES 4.1 Should any buildings or improvements on the Leased Premises be damaged or destroyed by an insured peril covered by the insurance required under Paragraph 21.1 hereof not the fault of Lessee or any person in or about the Leased Premises with the express or implied consent of Lessee, they shall be repaired or replaced in accordance with Paragraph 21.1 hereof, and the rent payable by Lessee pursuant to this Lease shall be abated to the extent such damage or destruction renders the Leased Premises unusable by Lessee; provided, however, that Lessor shall have no obligation to repair and restore the damaged buildings and improvements to the condition they were in immediately preceding the damage or destruction. V. IMPROVEMENTS TO PROPERTY 5.1 All alterations, changes, and improvements built, constructed, or placed on the Leased Premises by Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, become the property of Lessor and shall remain on the Leased Premises at the expiration or earlier termination of this Lease. Lessee may not make or place any such alterations, changes, or improvements on the Leased Premises without Lessor's prior written consent, which consent may be withheld for any reason. 270 5.2 Lessee shall accept the Leased Premises in it present condition and Lessor shall have no obligation for any modification of the existing improvements. VI. RECORDATION 6.1 Neither this Lease, nor a memorandum hereof, may be recorded in any public office, including but not limited to the Official Public Records of the Jefferson County Clerk's office, Jefferson County, Texas. VII. NOTICES 7.1 All notices or other communication required or permitted by this Lease to be served on or given to either party to this Lease by the other party must be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or, in lieu of such personal service, when deposited in the United States mail, postage prepaid, addressed to the following: If to Lessor: City of Nederland P.O. Box 967 Nederland, Texas 77627 If to Lessee: ' VIII. ATTORNEY'S FEES 8.1 If any litigation is commenced between the parties to this Lease concerning the Leased Premises, this Lease, or the rights and duties of either party in relation to this Lease, the party prevailing in such litigation will be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorney's fees in that litigation. IX. WAIVER OF BREACH 9.1 The waiver by Lessor of any breach of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Lease. 1 271 X. TIME OF ESSENCE 10.1 Time is expressly declared to be of the essence in this Lease. XI. BINDING ON HEIRS AND ASSIGNS 11.1 Subject to any contrary provisions of this Lease, all provisions of this Lease shall extend to and bind, or inure to the benefit of, the parties to this Lease and also to every one of the respective heirs, executors, representatives, successors, and assigns of Lessor or Lessee. XII. RIGHTS AND REMEDIES CUMULATIVE 12.1 The rights and remedies provided by this Lease are cumulative, and the use of any one right or remedy by either party shall not preclude or waive that party's right to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. XIII. ' TEXAS LAW TO APPLY 13.1 This Lease shall be construed under and in accordance with the laws of the State of Texas and the venue for the performance of this Lease and any resulting litigation shall be Jefferson County, Texas, unless otherwise required by law. XIV. LEGAL CONSTRUCTION 14.1 In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Lease, and this Lease must be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Lease. XV. PRIOR AGREEMENTS SUPERSEDED 15.1 This Lease constitutes the only agreement of the parties to this Lease and supersedes any prior understandings or written or oral agreements between the parties respecting this subject matter. 272 XVI. AMENDMENT 16.1 No amendment, modification, or alteration of the terms of this Lease shall be binding unless the same be in writing, dated subsequent to the date of this Lease, and duly executed by the parties to this Lease. XVII. MAINTENANCE 17.1 Lessee shall throughout the lease term and any other period of tenancy, at its expense and risk maintain and be responsible for the roof, foundation, underground or otherwise concealed plumbing, the structural soundness of the existing exterior walls and all other necessary repairs needed on or about the Leased Premises, including but not limited to repairs (including all necessary replacements) to windows, window glass, doors, heating and air conditioning systems, and plumbing systems; and including the reasonable care of landscaping and regular mowing of grass, and maintenance on the paving outside the building. The parties hereto agree that part of the consideration for this Lease is that the Lessee shall, at Lessee's expense, make the necessary repairs to the roof to prevent the roof from leaking within ninety (90) days from the signing of this Lease. XIII. SURRENDER ' 18.1 Lessee shall throughout the lease term and any other period of tenancy maintain the building or other improvements constituting the Leased Premises and keep them free from waste or nuisance, and shall deliver up the Leased Premises in a clean and sanitary condition at the expiration or earlier termination of this Lease in good repair and condition, reasonable wear and tear and damage by fire, tornado, or other casualty excepted. 18.2 Lessee shall establish and maintain, at Lessee's sole expense, a system to assure and monitor continued compliance with all applicable environmental laws and regulations and the exclusion of all hazardous substances from the Leased Premises. Lessee shall give prompt written notices to Lessor of: (i) any proceeding or inquiry by any governmental or non - governmental entity or person with respect to the presence of any hazardous substance on, under, from, or about the Leased Premises, the migration thereof from or to other property, the disposal, storage, or treatment of any hazardous substance generated or used on, under, or about the Leased Premises, (ii) all claims made or threatened by any third party against Lessee or the Leased Premises or any other owner or operator of the Leased Premises relating to any loss or inquiry resulting from any hazardous substance, and (iii) Lessee's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Leased Premises that could cause the Leased Premises or any part thereof to be subject to any investigation or cleanup of the Leased Premises pursuant to any environmental law or regulation. Further, Lessee shall protect, indemnify, and hold harmless Lessor, its successors and assigns from and against any and all loss, damage, costs, expense, action, causes of action, or liability (including attorneys' fees and costs) directly or indirectly arising from or attributable to the use, generation, manufacture, production, storage, release, threatened release, discharge, disposal or presence of any hazardous substance on, under or about the Leased Premises, whether known or unknown at the time of the execution of this Lease. XIX. UTILITIES 19.1 Lessee shall throughout the lease term and any other period of tenancy pay all utility charges for water, electricity, heat, gas, power and all other utilities used in and about the Leased Premises, all such charges to be paid by Lessee to the utility company or municipality furnishing same, before such charges shall become delinquent. XX. TAXES 20.1 Lessee shall be liable for personal property taxes levied on the contents of the Leased Premises during the term of this Lease or any extension thereto or any other period of tenancy. Lessee shall pay all such taxes on or before January 31st of the year ' immediately following the year of accrual and shall furnish receipts to Lessor, upon Lessor's written demand, showing full payment of said taxes. 1 XXI. INSURANCE 21.1 Lessee shall, at his own expense, during the term of this Lease and any other period of tenancy, keep buildings and structures on the Leased Premises insured against loss or damage by fire. Lessee will provide fire and other hazard insurance on the leasehold improvements constructed by Lessee. Such policies of insurance shall name Lessor as named insured andk at the option of the Lessor, the proceeds of which may be used for repair and restoration of the Leased Premises in accordance with Paragraph 4.1 hereof. Lessee shall furnish Lessor with certificates of all insurance required by Lessee pursuant to this Paragraph 21.1. 21.2 Lessee, at its own expense, also shall provide and maintain in force during the term of this Lease and any other period of tenancy, General Liability Insurance in the amount of not less than FIVE HUNDRED THOUSAND AND N01100 ($500,000.00) DOLLARS combined single limits for bodily injury and property damage. Lessee shall furnish Lessor with certificates of all insurance required by this Paragraph 21.2. M 273 2 74- 21.3 All insurance policies required in this Lease shall be issued by a responsible company or companies authorized to do business in the State of Texas. Each such policy shall contain an endorsement providing for thirty (30) days' prior notice to Lessor in the event of any cancellation of, or material change in, said policy. Certificates of Insurance or evidence of insurance complying with this Lease shall be sent to Lessor by Lessee in accordance with Paragraph 7.1 hereof. XXII. ASSIGNMENT AND SUBLETTING 22.1 Lessee shall not have the right, without the prior written consent of Lessor, to assign this Lease, or any interest herein, or to sublet the Leased Premises, or any part thereof, or any right or privilege appurtenant thereto, which consent of Lessor may not be compelled. 22.2 Lessor is expressly given the right to assign any or all of its interests under the terms of this Lease without the prior written consent of Lessee. XXIII. AS IS 23.1 LESSEE ACKNOWLEDGES AND AGREES BY THEIR ACCEPTANCE HEREOF, THAT THE LEASED PREMISES WILL BE LEASED "AS IS ", "WHERE IS" ' AND IN ITS PRESENT CONDITION WITH ALL FAULTS, IF ANY, AND THAT LESSOR HAS NOT MADE, DOES NOT MAKE, NOR WILL NOT MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONDITION OF THE LEASED PREMISES, THE SUITABILITY OF THE LEASED PREMISES FOR ANY AND ALL ACTIVITIES AND USES WHICH LESSEE MAY CONDUCT THEREON, COMPLIANCE BY THE LEASED PREMISES WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LEASED PREMISES, OR OTHERWISE WITH RESPECT TO THE LEASED PREMISES, AND SPECIFICALLY THAT LESSOR HAS NOT MADE, DOES NOT MAKE, NOR WILL NOT MAKE ANY REPRESENTATIONS REGARDING THE PRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCES ON, UNDER OR ABOUT THE LEASED PREMISES OR THE COMPLIANCE OR NONCOMPLIANCE OF THE LEASED PREMISES WITH ANY APPLICABLE LOCAL, STATE OR FEDERAL STATUTE OR REGULATION. LI XXIV. INDEMNITY 24.1 Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney's fees for the defense of such claims and demands arising from the conduct or management of Lessee's business on the Leased Premises or its use of the Leased Premises, or from any breach on the part of Lessee of any condition of this Lease, or from any act or negligence of Lessee, its officers, agents, contractors, employees, tenants, or invitees on or about the Leased Premises. In case of any action or proceeding brought against Lessor by reason of any such claim, Lessee, upon notice from Lessor, agrees to defend the action or proceeding by counsel of Lessor's choice. XXV. DEFAULT 25.1 The following events shall be deemed to be events of default by Lessee under this Lease: a. Lessee fails to pay any utility bill within thirty (30) days from its due date. b. Lessee fails to comply with any term, provision, or covenant of this Lease, including the payment of any consideration or performance of any obligation of this Lease. c. Lessee deserts or completely vacates the Leased Premises for a period of thirty (30) days or more. d. Lessee fails to pay maintenance and repair expenses, if any, in accordance with the terms hereof and does not cure such failure with thirty (30) days after Lessor's written notice of the failure to Lessee. 25.2 Lessor's failure to comply with any term, provision, or covenant of this Lease and does not cure such failure within thirty (30) days after Lessee's written notice of the failure to Lessor shall be deemed an event of default by Lessor under this Lease. XXVI. REMEDIES 26.1 Upon the occurrence of any event of default specified in Paragraph 25.1 hereof, Lessor shall have the option to pursue any one or more of the following remedies: 275 276 a. Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to do so, Lessor, may without prejudice to any other remedy that it may have for possession, enter upon and take possession and expel or remove Lessee and any other person who may be occupying the Leased Premises or any part of them, by force if necessary. b. Lessor may cure the default, at Lessor's expense, and seek damages and all other remedies from Lessee allowed by law and in equity. 26.2 Upon the occurrence of the event of default specified in Paragraph 25.2 hereof, Lessee shall have the option to terminate this Lease upon giving at least thirty (30) days' written notice to Lessor of such intention. In the event Lessee elects this option, the Lease will be terminated on the date designated in Lessee's notice, unless Lessor has cured the default prior to expiration of the thirty (30) -day period. 26.3 Pursuit of any of the remedies provided in this Lease by either Lessor or Lessee shall not preclude pursuit of any of the other remedies provided in this Lease. Pursuit of any remedy in this Lease or by law by either party shall not constitute a forfeiture or waiver of any damages accruing to either party by reason of the violation of any of the terms, provisions and covenants contained in this Lease. 26.4 No waiver by either party of any default or violation or breach of any of ' the terms, provisions, and covenants contained in this Lease shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions, and covenants of the Lease. Forbearance by either party to enforce one or more of the remedies provided in this Lease are by law upon an event of default shall not be deemed or construed to constitute a waiver of such default. EXECUTED this the lc2 day of , 1994. LESSOR: CITY OF NEDERLAND By:_ G . Name: a ,-/ nl• Le a /anc ATTESTED: Title:_ f1 a ion rru plc „0/ City Secretary P, 1 2'7'7 LESSEE: EDDIE HpRSTON KING 10 278 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. December 19, 1994 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by City Manager Bill Storey. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the December 12, 1994 meeting as written. All Voted Aye. PRESENTATION Mayor LeBlanc presented a Certificate of Appreciation and a watch to four ' City of Nederland employees who are retiring - James Byers, 35 years of service; James Mosley, 37 years of service; Albert Reese, 25 years of service; and, Clyde Martin, 26 years of service. The Council also extended congratulations and appreciation to the retirees for their years of loyal service to the City of Nederland. CITIZEN Tiffany Waller, 615 South 12 Street, asked to speak to the Council about the COMMENTS article in the paper, from a concerned citizen. Billy Waller, 615 South 12 Street, asked to speak to the Council on sewer maintenance funds, fees and fines. Bobbie VanAuken, 216 - 31 Street, asked to speak to the Council to say at the last Council meeting she made some misstatements and she requests permission to clarify her statement for the records. LICENSES, A motion was made by Mayor LeBlanc and seconded by Councilman Paulus PERMITS & FEES to approve applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 2'79 All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to award bids received for one (1) police car to Buddy Chevrolet, Port Arthur, TX in the amount of $16,462. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to postpone awarding bid for a bank depository. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman ' Moss to authorize readvertisement of bids for an emergency generator for City Hall and the Fire and Police Departments. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Moss to authorize payment to Allco, Inc. in the amount of $48,443.49 for pay Estimate No. 3, Water Treatment Plant Construction. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned at 6:21 p.m. by Mayor Carl N. LeBlanc. tl?-" , / /o, 46 N.TeYKanc,Wyor City of Nederland, Texas ATTEST: LSDonna Floyd, City Sec retary City of Nederland, Texas Minutes continued, December 19, 1994 LICENSES, 1. PERMITS & FEES 2. B.K. Hammerly dba American Legion Post 493 Irene Collins dba Irene's, Inc. 3. R.H.M. Corporation dba LaSuprema 4. Travis Neal Pierce dba Mazzio's Pizza 5. Donny G. Broussard dba Pizza Inn 6. Albert Ramirez dba Taco Rey 7. Constantine Megas dba The Schooner 8. Fuk Fong Lo dba The Golden Lion 9. Dave Jones dba Novrozsky's 10. Sal Carfi dba Italian Restaurant and Flying Pizza All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to award bids received for one (1) police car to Buddy Chevrolet, Port Arthur, TX in the amount of $16,462. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to postpone awarding bid for a bank depository. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman ' Moss to authorize readvertisement of bids for an emergency generator for City Hall and the Fire and Police Departments. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Moss to authorize payment to Allco, Inc. in the amount of $48,443.49 for pay Estimate No. 3, Water Treatment Plant Construction. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned at 6:21 p.m. by Mayor Carl N. LeBlanc. tl?-" , / /o, 46 N.TeYKanc,Wyor City of Nederland, Texas ATTEST: LSDonna Floyd, City Sec retary City of Nederland, Texas CITY Or NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Will E. Schroeter Councilman Ward 2 t/ W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cberyl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. 1/ Rod Hatch Building Official ✓ Jim Weaver Parks Director Brenda Warren Librarian Mayor Ci y Secretary Date 1