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1997
ntrl 6:00 p.m. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 13, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the December 16, 1996 meeting as written. All Voted Aye. LICENSE TO Andre' Wimer, City Manager, explained that Carolyn Richey, 3104 Lawrence ENCROACH is requesting a License to Encroach in order to allow the stone deck of a swimming pool to encroach 66" into the 10' rear utility easement. Mr. Wimer added that staff has informed Mrs. Richey that there is a strong possibility that the sewer line located in the easement will need to be replaced in the future. Carolyn Richey, 3104 Lawrence, informed Council that she was made aware of this possibility and understood what would occur when the line is replaced. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to approve a License to Encroach at 3104 Lawrence and authorize the City Manager to sign documents. All Voted Aye. ZONING BOARD A motion was made by Councilman Sawyer and seconded by Councilman OF APPEALS Nugent to appoint Barney Green to the Zoning Board of Appeals to full the unexpired term of R. A. Mannino. All Voted Aye. WASTEWATER Gary Graham, Schaumburg & Polk, Inc., reviewed the progress of COLLECTION implementing a Sanitary Sewer Evaluation Survey (SSES) in response to EPA SYSTEM Administrative Order Docket No. VI -96 -1067. Mr. Graham added that four IMPROVEMENTS firms, specializing in performing SSES services, were evaluated through a ' qualification based proposal process. The ranking of the four firms were as follows: 1. ADS Environmental Services, Inc., Dallas, TX; 2. RJN Group, Inc., Dallas, TX; 3. Gutierrez, Smouse, Wilmut & Assoc., Inc., Dallas, TX; and, 4. Wady & Associates, Lawrence, KS. The selection of ADS was based 001! Minutes continued, January 13, 1997 on the information which would be generated as a result of field inspection and the process, including the City's input, to develop a recommended plan for , rehabilitation. Mr. Graham stated that Schaumburg & Polk will begin developing, with ADS, a scope of services and estimate of cost to perform the SSES. He also informed the Council that the contract between the City of Nederland and Schaumburg & Polk will need to be amended to authorize the selection of a firm to perform the SSES. FIRE A motion was made by Councilman Daughtry and seconded by Mayor Nagel PROTECTION to designate the fire protection area to be served by the Nederland Fire Department as the City's extraterritorial jurisdiction, Fire District No. 1, excluding Jefferson County Water Control and Improvement District No. 10 effective May 1, 1997. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to notify Jefferson County of the City's intent to terminate the present agreement to provide fire protection, and develop a new agreement where Nederland will be available for mutual aid. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve an Amendment to Ordinance No. 147, personnel policy, revising the ' grievance process and signatures required on time sheets. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Ordinance No. 1997 -01, allowing the City to make current service and prior service contributions to the Texas Municipal Retirement System. All Voted Aye. LEASE A motion was made by Mayor Nagel and seconded by Councilman Radcliff AGREEMENT to approve a lease agreement with Better Business Machines for a copier for the D. Bob Henson Memorial Library at a cost of $181.50 per month for 36 months. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Schaumburg & Polk, Inc. in the amount of $1,324.75 for engineering services associated with the Wagner Addition wastewater system improvements. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. in the amount of $2,164.38 for engineering services associated with the Wastewater Treatment Plant improvements. All Voted Aye. Minutes continued, January 13, 1997 A motion was made by Mayor Nagel and seconded by Councilman Daughtry ' to authorize payment to KSA Engineers, Inc. in the amount of $1,264.92 for engineering services associated with the Water Treatment Plant construction, operational phase. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to KSA Engineers, Inc. in the amount of $1,213.50 for engineering services associated with the Water Treatment Plant construction, operational phase. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Tischler/Kocurek in the amount of $824.16 for engineering services associated with the wastewater system improvements. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Daughtry Signs in the amount of $90.00 for sign materials. Mayor Nagel, Councilmen Sawyer, Nugent and Radcliff Voted Aye. Councilman Daughtry abstained. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment of the bills for the month of December, 1996. ' All Voted Aye. EXECUTIVE Mayor Nagel announced that it will not be necessary to conduct an Executive SESSION Session. OFFICIAL'S Andre' Wimer, City Manager, stated that staff is awaiting final documents from COMMENTS Costello, Inc. regarding the drainage study. The City Manager gave a brief summary of the work being done by City crews since the ice storm developed on Sunday. Many residents throughout Southeast Texas are without electricity and according to reports some may not be restored until the end of the week. He added that he talked to a representative from Entergy and they indicated that they have 60 personnel working in Mid and South Jefferson County with additional crews expected from as far away as Mississippi tomorrow. LJ UU3 il' Minutes continued, January 13, 1997 �'' f PJOURN There being no further business the meeting was adjourned at 6:55 p.m. by Mayor Nagel. I ATTEST: LaDonna Floyd, City §ecretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 005 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 Name Title Present Ahsent Homer E. Nagel Mayor Robert D. Sawyer Councilman `yard 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief V1, Mike Lovelady Fire Chief f Cheryl Dowden City Treasurer V1, Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian ^Az � Mayor City Secretary 1 / -/3 Date oa6 AN AMENDMENT TO ORDINANCE 147 AN ORDINANCE AMENDING THE CITY OF NEDERLAND PERSONNEL POLICY DEALING WITH GRIEVANCES AND TIME REPORTING. 1 WHEREAS, employees who are dissatisfied with the decision rendered by the City Manager or lusher designee during the grievance process may request to appeal the grievance to City Council. WHEREAS, time records do not have to be signed by the employee and by the immediate supervisor, but must be signed by the Department Head. WHEREAS, time records do not have to be filled out after each day's work. WHEREAS, strike outs or write overs on time records are not prohibited. NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: The City ofNederland Personnel Policy, Section 14.03.05, relating to grievance procedures is amended to read as follows: "14.03.05 Appeals. a. If the employee is not satisfied with the decision, he/she may file a written appeal with the City Manager or his/her designee within ten (10) working days from the date the grievance decision was received or, if no written decision is received. The City Manager or Iris /her designee will then appoint a Grievance Committee to hear the appeal within ten (10) working days after receipt of said appeal. The City Manager or his/her designee will render a decision within three (3) working days of hearing the grievance. All time requirements listed herein are subject to unanticipated circumstances, illness, previously scheduled conferences, etc. such that the time requirements may be amended. b. If the employee is not satisfied with the decision of the City Manager or his/her designee, the employee may request that the grievance be appealed to the City Council. Such request for appeal shall be submitted in writing to the City Manager not later than ten (10) working days after the employee has received the City Manager's response. The grievance shall be acted upon by the City Council as soon as practical thereafter, but in no event shall a decision be delayed beyond the second meeting ofthe City Council alter the date the request is filed with the City Manager. The City Council's resolution of the employee's grievance shall be final, and shall be reduced to writing." The City of Nederland Personnel Policy, Section 6.09.02, relating to time reporting is amended to read as follows: "Time records must be signed by the Department I -lead and must be submitted to the Finance Department not later than 9:00 a.m. the Monday before payroll is calculated. The City Manager may authorize time records to be submitted at another time or date as deemed necessary due to holidays and other extenuating circumstances." WHEN EFFECTIVE: This amendment shall be effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND this day of 11997. 1 Homer E. Nagel, Mayor V e ATTEST: \ corrnMia �7 �n.i LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY Richard D. Hughes, C& Attorney 1 0.0 7 008 ORDINANCE NO. 1997 -01 AN ORDINANCE ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN TIIE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT SUCH RATE WITHIN LEGAL LIMITS, AS THE ACTUARY ANNUALLY I DETERMINES IS REQUIRED TO FUND WITHIN A PERIOD OF TWENTY- FIVE(25) 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 detennined 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 (25) 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; and 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 THE CITY OF NEDERLAND, TEXAS: Section 1. Pursuant to Section 855.407((), ofthe 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 as the System's actuary shall annually determine as the rate necessary to fund, within a period of twenty -five (25) 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 ofthe City's account in said accumulation fund. Section 2. The provisions ofthe ordinance shall become effective on January 1, 1997, and shall cease to be effective on January 1, 1998. PASSED AND APPROVED BY THE CITY COUNCIL ofthe City of Nederland at a regular meeting on this /_3 day of1997. L CITY OF NEDERLA,N/fD, TEXAS Homer E. Nagel, Mayor ATTEST: La onna Floyd, City S cretary APPROVED AS TO FORM AND LEGALITY: , Richard D. Hughes, City Atto tey 009 6:00 p.m. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 27, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. ANNOUNCEMENT Mayor Nagel announced that Glenn O. Burk, Mayor of Nederland from 1956 to 1960 and 1961 to 1966, passed away last week. Mr. Burk was living in California at the time of his death. Mayor Nagel asked for a moment of silence in honor of Mr. Burk. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the January 13, 1997 meeting as written. ' All Voted Aye. PRESENTATION Mayor Nagel recognized two City of Nederland retirees, Henry Pedraza - 30 service years, and Glenn Franklin - 31 service years. He presented both with a watch for their dedicated service to the City, staff, and citizens over the years. AUDIT Bill Cox, Holliday, Lemons, Thomas & Cox, P.C., gave a brief overview of the FY 95 -96 audit and stated that the City received an "Unqualified Opinion" which is the best opinion one can receive. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to accept the audit as prepared by Holliday, Lemons, Thomas & Cox, P.C. All Voted Aye. WATER TREAT- Billy Sims, KSA Engineers, Inc., explained the need for Change Order No. 3 MENT PLANT which would reduce the Water Treatment Plant construction contract amount by $15,122.15. Mr. Sims stated that an additional 14 days is being requested ' and there was an apparent error in figuring lengths of the pilings in the first change order, therefore, the subcontractor was not paid for $7,748.60 worth of work performed. He is recommending approval of this change order. OlG Minutes continued, January 27, 1997 A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Change Order No. 3 in the amount of $15,122.15, Water Treatment Plant construction. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to postpone payment to ALLCO, Inc. in the amount of $228,516.76, Water Treatment Plant construction, until the remaining work is completed to the satisfaction of the consulting engineers. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to postpone accepting the Water Treatment Plant until the remaining work is completed to the satisfaction of the consulting engineers. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution 1997 -02, recognizing and honoring David Bernsen for his service to the Texas Transportation Commission. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff , to approve Resolution 1997 -01, requesting that the Texas Legislature dedicate funds to support the construction of Texas highways and bridges. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize advertisement of bids for playground equipment for the Parks Department. All Voted Aye. A motion was made by Councilman Sawyer and seconded Councilman Nugent to authorize advertisement of bids for water and sewer line construction on Hilldale Drive (1994 CDBG project). All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Schaumburg & Polk, Inc. in the amount of $4,231.18 for engineering services associated with the Wastewater Treatment Plant improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to KSA Engineers, Inc. in the amount of $271.55 for , engineering services associated with the Water Treatment Plant construction and operational phase. All Voted Aye. Minutes continued, January 27, 1997 OFFICIAL'S Mayor Nagel took this opportunity to publicly thank the City employees for COMMENTS a job well done during and since the recent ice storm. He read a letter from Charles Lankford, 119 South 14th Street, commending the actions of Volunteer Fireman Phillip Klein when he noticed fire coming from the Lankford's chimney. Mr. Mein's quick action and concern for life helped prevent a major disaster to their home. Andre' Wimer, City Manager, reported that from January 16th through January 25th the City has hauled off 13,330 cubic yards of limbs and debris from the ice storm. He added that City employees will pick up trash over the entire city and then make a second trip to get the remaining debris. Entergy has several crews working this area as well. Mr. Wimer announced that due to the recent ice storm the street sweeping will not begin until the first part of February. The City Manager reported that two bids were received for the hydroscopic and he hopes to award the bid at the next meeting. Councilman Nugent announced that due to the heavy fog last Thursday morning all flights were canceled at the Jefferson County Airport, therefore, he was unable to attend the Coalition meeting in Austin. Councilman Daughtry reported that the citizen at the intersection of 19th Street @ Gary is still experiencing sewer problems. EXECUTIVE The regular meeting was recessed at 7:20 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, to discuss Helen Serres vs. City of Nederland, and A. J. Waller, Sr. vs. City of Nederland; and, Chapter 551.072, discuss acquisition, exchange, and/or release of property. Mayor Nagel announced that the third item on the Executive Session agenda, consider appeal of grievances by Edward Boudreaux, has been rescheduled until the next meeting. RECONVENE The regular meeting was reconvened at 7:54 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 1 011 I' Minutes continued, January 27, 1997 ADJOURN There being no further business the meeting was adjourned at 7:55 p.m. by ' Mayor Nagel. ATTEST: LaDonna Floyd, City §ecretary City of Nederland, Texas omer E. Nagel, Mayor City of Nederland, Texas 1 n ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 Name Title Present Ahcrnt Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 V�, Joe Daughtry Councilman Ward 2 V/ Alike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 / Andre Wimer City Manager V LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Algr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian ayor City Secretary I1 -a�.9/7 Date n 1 CITY OF NEDERLAND RESOLUTION 1997 -01 WHEREAS, more than 78 percent of Texas roadways are in need of repair or modernization, and Texas leads the nation in incidence of substandard bridges; and WHEREAS, the Texas Department of Transportation has reported that more than half of the approved, worth, cost - effective and needed road and bridge projects will not be funded over the next three years, and WHEREAS, this serious shortfall will cause many approved projects to be delayed or canceled, critically affecting the safety and mobility of Texas motorists and imperiling the state's economic growth and quality of life; and WHEREAS, the Department has rightly placed its highest priority on maintaining and preserving our existing highway system, meaning that funds for added capacity will be in short supply unless the Legislature and other state leaders respond to this growing problem; and WHEREAS, the Legislature should consider that over the past 10 years, some $2.5 billion have been taken from the highway fund and spent on non - highway programs -- above and beyond the 25 percent of gas tax revenues dedicated to schools; and WHEREAS, increased fuel efficiency has kept highway tax revenues flat even while additional cars have dramatically added to wear and tear on Texas roads and bridges; and WHEREAS, the Chairman and members of the Texas Transportation Commission have detailed the need for additional funding and made it clear that the impact of the shortfall will be felt in all parts of Texas, urban and rural, and will adversely affect road congestion, pollution and public health, accident and death rates, repair costs, economic growth, and quality of life for all Texans; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City of Nederland requests that the 75th Legislature address the problem of diminishing highway construction funds and take such action as necessary to assure that sufficient funds are available over the next decade to meet the mobility needs and protect the $100 billion investment in Texas highways and bridges; and THAT a copy of this resolution be sent to Lawrence Olsen, Texas Good Roads/Transportation Association, 1 122 Colorado, Suite 305, Austin, Texas 78701. P SED AND APPROVED by the City Council ofthe City of Nederland this the 02� day of 1997. Homer E. Nagel, Mayor ATTEST: LaDZmna Floyd, Secretary APPROVED AS TO FORM AND LEGALITY: 2 Richard D. Hughes, City Atto4 ey n, V CITY OF NEDERLAND RESOLUTION 1997 -02 WHEREAS, David Bernsen, a long time resident of the City of Beaumont, was appointed to the Texas Transportation Commission by Governor Ann Richards in November, 1991; and WHEREAS, the Texas Transportation Commission is responsible for approximately 77,000 state highway miles serving 14 million vehicles and a public transportation system which handles more than 230 million people each year; and WHEREAS, Mr. Bernsen served as Chairman of the Texas Transportation Commission from 1993 until 1995; and WHEREAS, Commissioner Bemsen embraced the planners role while with the Commission by directing improvements toward projects that would promote economic development and expansion in Southeast Texas, meet the transportation needs of the future and increase access and mobility in the region; and WHEREAS, Mr. Bemsen earned a Bachelors of Science Degree in Business Administration from Lamar University and a Doctorate of Jurisprudence from St. Mary's University School of Law in San Antonio; and WHEREAS, David Bernsen is a partner in the Beaumont law firm of Bernsen, Jamail and Goodson, a member of the State Bar of Texas, U.S. Court of Appeals for the 5th and 1 lth circuits, and the U.S. District Court for the Eastern, Southern and Northern districts of Texas; and WHEREAS, Commissioner Bernsen is active in civic and community atTairs in Southeast Texas; and WHEREAS, the City of Nederland wishes to recognize and honor Commissioner David Bernsen for his cooperation and responsiveness to the transportation concerns of both local officials and the public of Southeast Texas while a member of the Texas Transportation Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT on the 30th day of January, 1997, the City of Nederland wishes to express its deepest and most sincere appreciation to Commissioner Bernsen for his contribution to meeting the intermodal transportation needs of Southeast Texas. PpnSSED AND APPROVED by the City Council of the City of Nederland this the .2 9_ day of J • , 1997. 1 17 Homer E. Nagel, Mayor ATTEST: ����.. LaDonna Floyd, City Secretary ' APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Coy Attorney erjr# REGULAR MEETING OF THE CITY COUNCIL OF THE , CITY OF NEDERLAND 6:00 p.m. February 10, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the minutes of the January 27, 1997 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve a Proclamation declaring February 16 -22, 1997 as "National Engineers' Week" in Nederland, Texas. All Voted Aye. WATER TREAT- Billy Sims, KSA Engineers, Inc., up -dated the Council on the progress of the MENT PLANT punch list of existing problems at the Water Treatment Plant. He reported that of the 19 items on the list, 12 have been completed, 4 have pending arrangements in order to complete, and 3 are still waiting to be addressed. Mr. Sims indicated that the three items waiting to be addressed should not exceed $5,000. - $6,000., and added that it would be his recommendation to withhold $20,000. from the final payment until such time as all items on the punch list have been completed. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to approve payment to ALLCO, Inc. in the amount of $208,516.76, withholding $20,000.00 from the original invoice of $228,516.76 until such time as the punch list has been completed. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to postpone accepting the Water Treatment Plant. All Voted Aye. WASTEWATER Gary Graham, Schaumburg & Polk, Inc., briefed the Council on a meeting TREATMENT that he, Ricky Bourque, Steve Hamilton, and representatives of ADS , PLANT Environmental Services, Inc. had with EPA official John Stacy in Dallas. Mr. Graham further stated that Mr. Stacy was adamant that the City of Nederland 1 ►1 f Minutes continued, February 10, 1997 ' initiate the Sanitary Sewer System Evaluation Survey. A work summary and cost estimates have been prepared and the proposed work and corresponding costs is estimated at $745,000. STREET A motion was made by Councilman Daughtry and seconded by Councilman CLOSURES Sawyer to authorize the closure of various streets for the annual Nederland Heritage Festival activities, i.e. Fun Run, Carnival, Street Dance, Parade. All Voted Aye. POLICIES AND A motion was made by Councilman Sawyer and seconded by Councilman PROCEDURES Nugent to adopt a Safety Policy and Procedure Manual for the City of Nederland. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Daughtry to award bids received for a hydroscopic for the Street Department to Preco Machinery Sales, Houston, TX in the amount of $162,788.00 All Voted Aye. ' CONTRACTS/ A motion was made by Councilman Sawyer and seconded by Mayor Nagel to AGREEMENTS approve a lease /purchase agreement for a hydroscopic for the Street Department between the City of Nederland and Kock Financial Corporation for a period of 48 months at 5.44% interest with monthly payments of $3,858.82 contingent upon approval of the documents by the City Attorney. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve a contract between the City of Nederland and Action Bonded Cleaning for janitorial services for the City Office Building, Library, Police Station, and Recreation Center in the amount of $1,370 /month. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve a contract between the City of Nederland and Kerr Enterprises for the disposal of green waste associated with the recent ice storm due to health and safety concerns of citizens. All Voted Aye. CITY PROPERTY A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the Fire Chief to return a trailer to the Sabine Neches Chiefs' Association. All Voted Aye. V1:7 Minutes continued, February 10, 1997 PLANNING AND A motion was made by Councilman Nugent and seconded by Councilman ZONING Sawyer to appoint Jack L. Porter to the Planning and Zoning Commission to I COMMISSION fill the unexpired term of retiring member Joe Sudela. All Voted Aye. WAIVER A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the Jefferson County Mosquito Control District to fly planes over the territory under the City of Nederland jurisdiction for mosquito control purposes. All Voted Aye. ELECTION A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Resolution 1997 -03, calling for an election to be held May 3, 1997 for the purpose of electing two (2) Council members - one from Ward I and one from Ward III, and appointing Jeanne Green, Presiding Judge, and Winifred Morgan, Alternate Presiding Judge, and LaDonna Floyd, Clerk for Early Voting and Presiding Judge of the Central Counting Station. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to authorize payment of the bills for the month of January, 1997. All I Voted Aye. EXECUTIVE The regular meeting was recessed at 7:25 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Helen Serres vs. City of Nederland; and, Chapter 551.072, discuss acquisition, exchange, and /or release of property. Mayor Nagel announced that the appeal of grievances by Edward Boudreaux has been postponed, therefore, it will not be discussed in Executive Session. RECONVENE The regular meeting was reconvened at 7:41 p.m. by Mayor Nagel. lie announced that the Executive Session was held for informational purposes only. OFFICIAL'S Andre' Wimer, City Manager, reported that the Texas Department of COMMENTS Transportation will be letting bids for the Nederland Avenue rehabilitation project in August. He reminded Council that TxDOT will be providing 80% of the funding and the City will fund the design work. Mr. Wimer stated that since the recent ice storm the City of Nederland has ' disposed of 31,430 c.y. of green waste. He added that the first pass through of the City has been completed and it is anticipated that the second pass will be completed by the end of this week. Minutes continued, February 10, 1997 Councilman Nugent reported that at the intersection of Avenue H and South ' 27th Street a large gap in the concrete appears to be widening. He requested that this situation be checked in to. ADJOURN There being no further business the meeting was adjourned at 7:51 p.m. by Mayor Nagel. ATTEST: ,1�r�c��..�r�. ,mil LaDonna Floyd, City Secretary City of Nederland, Texas C Homer E. Nagel, Mayor City of Nederland, Texas 019 020 CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian ci��- / l C�,4 sl ayor ✓- Q " City Secretary Zl-/O -9? Date 1 1 SALES * RENTALS [MOM ' ENTERPRISES, INC. 5255 North Twin City Hwy. • P.O. Box 1195 • Nederland, Texas 77627 WATS FAX HOUSTON BEAUMONT 1- 800 -451 -3649 (409) 727.6619 (713) 522.2317 (409) 727 -8279 January 16, 1997 City of Nederland 1400 Boston Ave. Nederland, TX 77627 Attention: Andre' Wimer Dear Mr. Wimer: This agreement is for the burning of the green waste debris as caused by the ice storm of January 1997. The scope of the work will include the following: 1. The construction and maintenance of an all- weather road to the burn site. 2. All necessary equipment and materials required to burn the green waste. '3. The final disposal of the ash. All said work shall be in accordance with the T.N.R.C.C. rules and regulations. The City of Nederland will be responsible for obtaining all necessary permits and /or permissions needed by the T.N.R.C.C. that may be required to perform this work. The fee to be paid to Kerr Enterprises Inc. shall be $1.00 /CY. truck measure. Tickets will be issued by Kerr Enterprises for each truck. The cost and maintenance of the road to the burn site shall not exceed $6,000.00 and is separate and apart from the $1.00 /CY fee. Duplicate originals of this letter are herewith transmitted for your review and approval. If the proposal is acceptable please sign one copy and return and keep the other for your files. o Z" _.Z11 Andre' Wimer- Manager City of Nederland Acknowledged By: I Nancy Doise- Interim Manager City of Port Neches James Kerr - President Kerr Enterprises Inc. A. R. Kimler- Manager City of Groves 'Caterpillar Is a registered trademark of Caterpillar Inc. -.�► a rte. A16, mow., .... . 02? INDEPENDENT CONTRACTOR'S AGREEMENT I This Agreement is entered into as of March 1, 1997, by and between the City of Nederland (hereinafter referred to as "City ") and Action Bonded Cleaning, Inc. (hereinafter referred to as "Contractor "). I. Purpose City desires to retain Contractor and Contractor desires to provide the following services to the City: Janitorial Services in accordance with this Agreement and the attached Specifications, which are incorporated herein by reference. In consideration of such services and representations herein, Contractor and the City hereby agree as follows: H. Definition of Contractor Contractor shall be an Independent Contractor. Contractor agrees that: A. Contractor is not an employee of the City and he will be solely liable for all social security, unemployment and other taxes, whether state or federal; B. Commensurate with the executing of this Agreement, Contractor shall present evidence satisfactory to the City of contractors obtaining and maintaining Workers' Compensation and General Liability Insurance, with the City of Nederland listed as an additional insured; C. Contractor's services will be performed with no direct supervision from the City; and D. While the desired results of Contractor's services will be mutually agreed upon, the City will exercise no control or direction as to the means and methods for accomplishing this result. III. Term Subject to the provisions for Termination set forth in Paragraph XI below, the term of this Agreement will be from March 1, 1997 to March 1, 1998. This Agreement may be extended by mutual agreement in writing, and if extended, may be canceled on thirty days written notice by either party. 1 ' Independent Contractor's Agreement Page 2 IV. Compensation City shall pay Contractor for the services provided pursuant to the Purpose stated above at the rate of $1,370.00 per month. All compensation due Contractor will be paid within thirty (30) days of delivery to City of an invoice from Contractor for all services rendered. All such invoices shall state the month for which services have been rendered and shall describe the nature of the work done. Contractor agrees to submit all such invoices within sixty (60) days of the date the work was performed and /or on which the expense was incurred. Contractor further agrees that City will not have any liability whatsoever as to any work or expense not invoiced within such sixty day period. V. Right to Act as Contractor Contractor hereby warrants that he is not subject to any restrictions which would prevent him from entering into or carrying out the provisions of this Agreement. ' VI. Materials and Equipment Contractor shall furnish, at Contractor's expense, all materials and equipment necessary to carry out the terms of this Agreement. VII. Safety Provisions Contractor shall furnish, at Contractor's expense, proper and adequate equipment, machinery, tools and supplies necessary to perform all jobs and services in a safe, workmanlike and diligent manner, and shall provide and have available at all times for use by a Contractor's employee engaged in the performance of such work, all safety appliances needed for the maximum protection of Contractor's employees, City's employees and citizens against injuries. VIII. Taxes and Worker's Compensation Liability Contractor covenants to save owner harmless from any and all liability for withholding state or federal income tax, state or federal industrial accident contributions, and any employer's tax liability now or subsequently imposed on City. 1 0 Independent Contractor's Agreement ' Page 3 IX. Indemnification of City Contractor agrees to indemnify and hold City 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 Contractor's business on the City's premises or its use of the City premises, all from any breach on the part of the Contractor of any condition of this Agreement, or from any act or negligence of Contractor, its officers, agents, contractors, employees, tenants, or invitees on or about the City's premises, or from any act of negligence of City. In case of any action or proceeding brought against City by reason of such claim, Contractor, upon notice from City, agrees to defend the action or proceeding by counsel of City's choice. X. Local and International Laws Contractor agrees that he will at all times comply with all applicable federal, state and local laws and regulations. XI. Termination This Agreement may be terminated by either party with or without cause and for any or no reason upon thirty (30) days written notice to the other party. If to Contractor, such notice will be addressed to the Contractor at: ACTION BONDED CLEANING, INC.. 1216 SOUTH 20TH STREET NEDERLAND, TEXAS 77627 and if to the City: CITY OF NEDERLAND P. O. BOX 967 NEDERLAND, TEXAS 77627 or to other address as may be designated by the parties from time to time. Any such notice sent by registered U. S. mail and addressed in accordance with this Paragraph XI, will be deemed to have been made and delivered seven (7) days following deposit into the U. S. mail. XII. Review of Progress Contractor agrees to review his progress either verbally or in writing, as requested by the City from time to time, and upon request by the City from time to time, to allow the City to inspect all I work accomplished and/or in progress pursuant to this Agreement. ' Independent Contractor's Agreement Page 4 XM. General Provisions A. The term "Agreement" includes any amendments, modifications or supplements herein. The terms provisions and conditions of this Agreement may be modified, altered, amended, changed or supplemented only by a writing signed by Contractor and by an officer of the City. B. This Agreement contains the entire agreement of the parties and supersedes all prior or contemporaneous agreements, discussions, or representations, oral or written with respect to the subject matter hereof. No purported subcontract, delegation, assignment or transfer by Contractor of this Agreement, or any of the duties or obligations, rights or remedies (whether in whole or in part) will be binding upon the City without prior written consent of the City, which, in view of the personal nature of the services to be provided by the Contractor, may be withheld at the sole discretion of the City. C. If any section, condition, provision or covenant of this Agreement is held to be invalid or unenforceable, either in itself or as to any particular party, the remainder of this ' Agreement will continue in force unless it would be inequitable and inconsistent with the purpose of the Agreement to continue to do so. D. This Agreement does not constitute either party as the agent, employee or representative of the other for any purpose whatsoever. Neither party is granted any express or implied right or authority by the other party to assume or create any obligation or responsibility on behalf of or in the name of the other party, or to bind the other party in any manner or thing whatsoever. E. The failure of either party at any time to require performance by the other party of any provision will not effect in any way the full right to require such performance at any time thereafter. F. The validity, interpretation, and performance of this Agreement will be controlled by and construed under the laws of Texas, the state in which this Agreement is being executed. 1 025 1) Z Ci Independent Contractor's Agreement ' Page 5 EXECUTED in duplicate originals on this the /u day of L 1997. Contractor acknowledges that he has read and understood the terms of this Agreement. ATTESTED: City Secretary CONTRACTOR Name Its: President Title CITY OF N�EDERLAND By: "Name Its: Mayor I Title 1 CITY OF NEDERLAND 'PROGRAMMMPROGRESS* k1idJeff —.a C'ouwv. 7'e.rnr .'rew, //r!/ion. C,itr(iJlec'rJ TtleeL, cilu11illl BrI Ly (ze / /i!(ioleui _J cielf of nn /� A / 7�l / I �'U�•JJran 111 C..nylneCr! in t 9J t, i:l regll'�rUl¢[i in C((JJB'JIOxllltillr !n �BOrrJ¢ VVU��J /Iine�lers J 6ir1 /day, rocoyniziny 11al our /,rit %Gtued Jta(BJ proid-1 maJ 1.IG a rnililary and a9....n11u1nvinee1 11n1/111unrlr /, lAc ji,11 � � ec /,00l, nom mw nJ ( /,o US l 11— yAcadmy a( gVeJI 91,— (_/l —L; andl J11jo —a— u /t /Iij 1114 l/" _>n�ine �,1u1,(er o /(/B J¢x.3 Socicly /pu /•JJion" ( nyineel'J miff Jl'—w, hei /r urenuul �ea /n /uela to mco fn/ize/ epn�!/ineerJ /Jnm on, .-. m /,o 1—o ' ulil-d 1/+oir Jcianlifa. .....I lec�nic.0 L.— I.•r/fe and JkiffJ in eXcollf.a.l`y crenliuo and no✓ R— mayJ (o 4c( /r F�C( l�e —.6 4Jociely; and 1 J- 14 --ro, mill aeon 1 ,Camar (gn;t—iily engineering JcZoLrJljil» to kyl, Jcllool Jluci¢n1J m /,n �aue l,e �rrmed mil�i r�7(inclinrt aJ /1jey l,rot— to meel l/e cl- #,n y., o1l1,e Jdure• _.W/Ce -70,G' 1/AIB C,it f I l lcr)er(aaJ1,onnretnr,1e9Jiona onr�irtecr! l�row��oell our nroa and r� eJ 4ereb y tImefaim (4e —L o13¢1,rmary t fi 11t rouyla 22 aJ "V.finaal Gngineero ' (/V¢cz" in l/eder(lmd unr1- -rayeJ a�FcilizunJ to ate /l I/A, u��1'lJ o�nur CoraC un ©ino¢rJ m�uJe ':, J�p n 1 JiF� aro centrnC to om• �ua(ily olli� mu�our nu(inn J romtJeli(iueneee. ', I_�erlrted lk, 101!1 day �� /,,•nary, 1997. JJnmcr � / /r,�BC' / / /uynr AleJl: City retar f o via ; RESOLUTION 1997 -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 3,1997; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THEI GENERAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH TIIIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the laws ofthe State of Texas and the Charter ofthe City of Nederland, provide that on May 3, 1997 there shall be elected the following officials for this city: One (1) Council member, Ward I One (1) Council member, Ward 111 WHEREAS, the laws ofthe State of Texas and the Charter ofthe City of Nederland further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a resolution should be passed establishing the procedure to be followed in said election, and designating the voting place for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That all independent candidates at the election to be held on the first Saturday in May, 1997, for the above mentioned offices file their application to have their name placed on the ballot with the City Secretary at City Hall, 1400 Boston Avenue, Nederland, Texas, not earlier that forty -five (45) days before the election or later than thirty (30) days before the election in accordance with Election Code Sec. 143.006 and 143.007. The earliest date for a candidate to file same will be February 18, 1997 at 8:00 a.m., with the last date for filing to be March 19, 1997 at 5:00 p.m. All of said , applications shall be on a form as prescribed by Section 141.031 ofthe Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 ofthe Election Code. The City ofNederland has one polling place located in the City Office Building, 1400 Boston Avenue, Nederland, Texas. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. Voting at such election shall be upon punch cards prepared in conformity to the Texas Election Code. The following named persons are hereby appointed officers for said election: Jeanne Green will serve as Presiding Judge and Winifred Morgan will serve as Alternate Presiding Judge, and the clerks ofthe election will be appointed by the Presiding Judge in a number not to exceed three (3) clerks. The polls at the above designated polling place shall on said election day be open from 7:00 a.m. to 7:00 p.m. LaDonna Floyd is hereby appointed Clerk for Early Voting. The early voting for the above designated election shall be at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas, and said place of early voting shall remain open for at least eight (8) hours on each day for early voting which is not a Saturday, Sunday, or an official State holiday, beginning on the nineteenth (19th) day (the 20th day being a Sunday), and continuing through the fourth (4th) day preceding the (late of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m, on each day for said early voting. The above described place for early voting is also the early , voting clerk's address to which ballot applications and ballots voted by mail may be sent. The Early Voting Ballot Board shall be created as provided by Election Code Section 87.001. Jeanne Green is hereby appointed as the Presiding Judge for the Early Voting Ballot Board and is authorized to appoint two (2) clerks to serve on the Board. LaDonna Floyd is hereby appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section 137.005 of the Election Code. i Said election shall be field in accordance with the Election Code of the State, and only resident qualified voters of said City shall be eligible to vote at said election. The Mayor shall give notice of this election in accordance with the terms and provisions of Sections 4.004, 83.010, 85.004, and 85.007 of the Election Code, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immediately aller the closing ofthe polls. It is further found and determined that in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessibly to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this 10th day of February, 1997. Homer E. Nagel, Mayor City of Nederland, Texas 1 2--4- Richard D. Hughes, City Attorn _ City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 1 2--4- Richard D. Hughes, City Attorn _ City of Nederland, Texas v11 U REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 24, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the February 10, 1997 meeting as written. All Voted Aye. CITIZEN The following citizens addressed the Council relative the City of Nederland's COMMENTS policy regarding the recent bomb threat at the Atrium Building: Teresa Weeks, 2003 Avenue M George Finney, Pennsylvania Life Martha Carlin, Port Arthur Karen Cochran, Mid Jeff. Prof. Bldg. Mayor Nagel advised the citizens in attendance that the policies and procedures for responding to a bomb threat will be reviewed by the staff. PUBLIC A motion was made by Mayor Nagel and seconded by Councilman Sawyer to HEARING authorize a Public Hearing to be held March 10, 1997 for the purpose of discussing the Texas Community Development Block Grant Program as administered by the Texas Department of Housing and Community Affairs. All Voted Aye. WATER TREAT - A motion was made by Mayor Nagel and seconded by Councilman Nugent to MENT postpone approving final payment to ALLCO, Inc. in the amount of $20,000.00, Water Treatment Plant construction, and to postpone accepting the Water Treatment Plant. All Voted Aye. WASTEWATER Gary Graham, Schaumburg & Polk, Inc., informed the Council that a response TREATMENT letter addressed to the E.P.A. will be mailed tomorrow notifying them that the , PLANT City has approved a plan to undertake a Sanitary Sewer System Evaluation. Enclosed with the letter will be an amendment to an agreement between the 031 Minutes continued, February 24, 1997 City and Schaumburg & Polk which defines the scope of work and schedule ' for the SSES, as well as the fact that ADS Environmental Services, Inc. has been contracted to work in conjunction with S & P to complete this work. A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve a Scope of Work for the Sanitary Sewer System Evaluation Survey (SSES) and submittal of a response to the Environmental Protection Agency. All Voted Aye. CONTRACTS/ A motion was made by Councilman Daughtry and seconded by Councilman AGREEMENTS Sawyer to approve an amendment to the Schaumburg & Polk, Inc. contract to include engineering services associated with the SSES. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve an amendment to the Schaumburg & Polk, Inc. contract to include engineering services associated with the stream standards revisions, SRF funding, and selecting a firm to conduct the SSES. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table rescinding the previous decision of the City Council to approve a lease/purchase agreement with Koch Financial Corporation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to table a lease /purchase agreement for a hydroscopic for the Street Department. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to award bids received for playground equipment for the Parks Department to Little Tikes Commercial Play Systems, Houston, TX in the amount of $8,704.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize the purchase of two (2) zero turning radius lawn mowers through the State contract - one (1) for the Parks Department in the amount of $8,180.00 and one (1) for the Water Department in the amount of $7,475.00. All Voted Aye. INVESTMENT Cheryl Dowden, City Treasurer, reviewed the Quarterly Investment Report. REPORT A motion was made by Councilman Sawyer and seconded by Councilman Nugent to accept the Quarterly Investment Report as presented by the Finance Department. All Voted Aye. () J �1. Minutes continued, February 24, 1997 EXECUTIVE The regular meeting was recessed at 7:05 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code Chapter 551.071, Helen Serres vs. City of Nederland; Chapter 551.072, discuss acquisition, exchange, and/or release of property. Mayor Nagel stated that the item under Chapter 551.074, consider appeal of grievances by Edward Boudreaux has been postponed. RECONVENE The regular meeting was reconvened at 7:16 p.m. by Mayor Nagel. He announced that the item under Chapter 551.072 was for informational purposes only. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the settlement of the Helen (Chris) Serres vs. City of Nederland lawsuit in the amount of $5,000.00 as a matter of economics, as recommended by the City Attorney, Richard Hughes. All Voted Aye. COMMUNI- Andre' Wimer, City Manager, informed the Council that Costello, Inc. has CATION begun the work on the drainage study. Mr. Wimer reported that Steve Hamilton, Director of Public Works, met with representatives of TxDOT today regarding the Nederland Avenue project. The bids will be let in March or April of 1998, therefore, the design work will need to be completed by September, 1997. Mr. Wimer added that the total limb removal to date associated with the ice storm has totaled 36,406 c.y. ADJOURN There being no further business the meeting was adjourned at 7:24 p.m. by Mayor Homer E. Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: r\, c A'141 \ , onna Floyd, City Secretary City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present A hcant Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 / Mike Radcliff Councilman Ward 3 / R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief / Mike Lovelady Fire Chief t/ Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. / Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director � Victoria Klehn Librarian / Mayor City Secretary Date 033 !Ujq Investment Report For the Quarter Ending December 31, 1996 1 1/ V; Homer E. Nagel, Mayor Robert Sawyer, Mayor Pro tem Mike Radcliff, Councilma R. A. "Dick" Nugent, Councilman Joe Daughtry, Councilman Andre' Wimer, City Manazet This report has been prepared in accordance with the Public Funds Investment Act (Section 2256.023, Government Code) which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland Andre' Wimer, City Manager Cheryl Dowden, City Treasurer P.O. Box 967 Nederland, Texas 77627 Phone (409) 723 -1503 FAX (409) 723 -1550 1 1 1 1 1 035 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 1996 Investments at Beginning of Period (10 -1 -96) $8,189,925.03 Purchases 10,182,305.80 Maturities 5,681,886.09 Investments at End of Period (12- 31 -96) $12,690,344.74 Maturity Summary at December 31, 1996 (54.1 %) Less than 3 months (6.5 %) 3 to 6 months (7.5 %) 6 to 9 months (32.0 %) 9 to 12 months General Fund Water & Sewer Fund Solid Waste Fund Capital Outlay Fund Bond Fund SRF Escrow Fund Equipment Replacement Fund Bond Redemption Fund Police Narcotics Fund Economic Development Fund Library Fund Balance @ Balance @ 10 -1 -96 Purchases Maturities 12 -31 -96 1,600,000.00 1,200,000.00 1,400,000.00 1,400,000.00 2,081,767.95 1,550,000.00 1,550,000.00 2,081,767.95 415,000.00 280,000.00 355,000.00 340,000.00 1,650,000.00 0.00 80,000.00 1,570,000.00 610,000.00 1,220,000.00 1,220,000.00 610,000.00 0.00 4,753,700.00 0.00 4,753,700.00 0.00 160,000.00 0.00 160,000.00 540,000.00 536,000.00 540,000.00 536,000.00 63,152.57 127,605.80 126,886.09 63,872.28 1,165,000.00 325,000.00 325,000.00 1,165,000.00 65,004.51 30,000.00 85,000.00 10,004.51 8,189,925.03 10,182,305.80 5,681,886.09 12,690,344.74 '; Fund Allocation at December 31, 1996 (2.7 %) Solid Waste Fund (16.4 %) Water & Sewer Fund (12.4 %) Capital Outlay Fund (4.6 %) Bond Fund (11.0 %) General Fund (0.1 %) Library Fund (9.2 %) Economic Development Fund ( Q5�°(� Pol' arco cs F nddd (37.5 °�) SRF Escrow Fund (1.345 o /Equ pm�enj ep�a eme�U� and a" .ar — — — ii ;36 City of Nederland Investment Report Schedule Certificates of Deposit Held at December 31, 1996 Page 1 Certificate Purchase Maturity Days to Interest Interest Number Date Date be held Rate Face Amount Amount Maturity Value 2580086 01/02/96 01/01/97 365 5.0200% 10,004.51 502.23 10,506.74 615281 04/16/96 01/06/97 265 5.0700% 100,000.00 3,680.96 103,680.96 675796 12/03/96 01/06/97 34 4.8600% 150,000.00 679.07 150,679.07 675794 12/03/96 01/06/97 34 4.8600% 200,000.00 905.42 200,905.42 675785 12/03/96 01/06/97 34 4.8600% 200,000.00 905.42 200,905.42 675790 12/03/96 01/06/97 34 4.8600% 260, 000.00 1,177.05 261,177.05 604681 03/11/96 01/07/97 302 5.0700% 100, 000.00 4,194.90 104,194.90 676614 12/09/96 01/10/97 32 4.5200% 100,000.00 396.27 100,396.27 678257 12/13/96 01/14/97 32 4.4900% 23,872.28 93.97 23,966.25 678259 12/13/96 01/14/97 32 4.4900% 100,000.00 393.64 100,393.64 678267 12/16/96 01/17/97 32 4.4800% 400,000.00 1,571.07 401,571.07 678268 12/16/96 01/17/97 32 4.4800% 10,000.00 39.28 10,039.28 678266 12/16/96 01/17/97 32 4.4800% 300,000.00 1,178.30 301,178.30 678264 12/16/96 01/17/97 32 4.4800% 140,000.00 549.87 140,549.8 679113 12/20/96 01/21/97 32 4.5700% 4,753,700.00 19,046.06 4,772,746.0 635722 08/05/96 01/28/97 176 5.1100% 100,000.00 2,464.00 102,464.OU 635750 08/06/96 01/29/97 176 5.0900% 80,000.00 1,963.48 81,963.48 681560 12/30/96 01/31/97 32 4.8300% 30,000.00 127.04 30,127.04 681576 12/30/96 01/31/97 32 4.8300% 100,000.00 423.45 100,423.45 667977 11/01/96 02/03/97 94 5.0000% 440,000.00 5,665.75 445,665.75 604781 03/13/96 02/05/97 329 5.1000% 200,000.00 9,193.97 209,193.97 676620 12/10/96 02/18/97 70 4.7900% 96,000.00 881.88 96,881.88 604684 03/08/96 03/03/97 360 4.8600% 100,000.00 4,793.42 104,793.42 604683 03/08/96 03/03/97 360 4.8600% 151,767.95 7,274.88 159,042.83 608951 04/01/96 03/05/97 338 5.1000% 100,000.00 4,722.74 104,722.74 612893 04/12/96 03/05/97 327 5.2700% 100,000.00 4,721.34 104,721.34 609562 04/03/96 03/06/97 337 5.0900% 100,000.00 4,699.53 104,699.53 609566 04/03/96 03/06/97 337 5.0900% 280,000.00 13,158.70 293,158.70 641768 08/19/96 03/27/97 220 5.1500% 442,000.00 13,720.16 455,720.16 641754 08/21/96 03/28/97 219 5.1300% 100,000.00 3,078.00 103,078.00 610353 04/05/96 03/31/97 360 5.1700% 200,000.00 10,198.36 210,198.36 610339 04/05/96 03/31/97 360 5.1700% 100,000.00 5,099.18 105,099.18 610350 04/05/96 03/31/97 360 5.1700% 50,000.00 2,549.59 52,549.59 610236 04/05/96 03/31/97 360 5.1700% 50,000.00 2,549.59 52,549.59 611081 04/08/96 03/31/97 357 5.3100% 15,000.00 779.04 15,779.0,= 611083 04/08/96 03/31/97 357 5.3100% 100,000.00 5,193.62 105,193.6 668018 11/01/96 03/31/97 150 5.0500% 200,000.00 4,150.68 204,150.6, 611288 04/09/96 04/02/97 358 5.3400% 500,000.00 26,187.95 526,187.95 617827 05/01/96 04/29/97 363 5.3000% 525,000.00 27,672.53 552,672.53 619165 05/09/96 04/30/97 356 5.3300% 100,000.00 5,198.58 105,198.58 u I J < Page 2 City of Nederland Investment Report Schedule Certificates of Deposit Held at December 31, 1996 Certificate Purchase Maturity Days to Interest Interest Number Date Date be held Rate Face Amount Amount Maturity Value 622744 05/29/96 05/27/97 363 5.3100% 100,000.00 5,280.90 105,280.90 623216 06/03/96 05/28/97 359 5.7400% 100,000.00 5,645.64 105,645.64 672215 11/21/96 05/29/97 189 5.0400% 100,000.00 2,609.75 102,609.75 676623 12/10/96 06/09/97 181 4.9900% 50,000.00 1,237.25 51,237.25 676616 12/10/96 06/09/97 181 4.9900% 160,000.00 3,959.19 163,959.19 635718 08/06/96 07/24/97 352 5.2700% 100,000.00 5,082.30 105,082.30 635726 08/06/96 07/24/97 352 5.2700% 50,000.00 2,541.15 52,541.15 635773 08/07/96 07/25/97 352 5.2800% 100,000.00 5,091.95 105,091.95 646528 09/04/96 08/20/97 350 5.5800% 398,000.00 21,295.73 419,295.73 675797 11/27/96 11/07/97 345 5.1200% 100,000.00 4,839.45 104,839.45 667962 11/01/96 11/10/97 374 5.1300% 325,000.00 17,083.60 342,083.60 Total $12,690,344.74 $276,447.92 $12,966,792.66 Interest Earnings for Quarter Ended December 31, 1996 By Fund Bond Fund Bond Redemption Fund Capital Outlay Equipment Replacement Fund General Fund Library Fund Nederland Economic Development Police Narcotic Account Solid Waste Fund SRF 1996 Escrow Fund Water Fund .r $7,467.24 5,977.11 21,151.13 465.73 18,649.90 687.99 15,498.25 793.41 4,530.09 6,638.01 26,478.70 $108,337.56 V130 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 6:00 p.m. March 10, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the February 24, 1997 meeting as written. AN Voted Aye. PROCLAMATION Mayor Nagel presented a Proclamation to Henry Duplantier declaring the month of March, 1997 as "Purchasing Month ". Mr. Duplantier thanked the Mayor and Council for the presentation. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to ' approve a Proclamation declaring the month of March, 1997 as "Purchasing Month" in Nederland, Texas. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a Proclamation declaring March 16 -22, 1997 as "Poison Prevention Week" in Nederland, Texas. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing was called to order HEARING at 6:05 p.m. by Mayor Nagel for the purpose of discussing the Texas Community Development Block Grant Program as administered by the Texas Department of Housing and Community Affairs. Andre' Wimer, City Manager, announced that the City can apply for a grant up to $250,000 and the deadline is to submit an application is April 25, 1997. Mr. Wimer added that staff is recommending the City apply for funding for water line replacement in the area from Gage Avenue to First Street between Nederland Avenue and Hwy. 366. Randy Blanks, David Waxman, Inc., reported that the applications to be , submitted next month are for a two -year funding cycle (1997 -1998) and that twelve out of the fourteen applicants should receive funding. He reminded U .J 0 Minutes continued, March 10, 1997 Council that the City of Nederland has been successful in their last two attempts to obtain a CDBG - one for Hillcrest Terrace and one for Wagner Addition. Mr. Blanks added that the Regional Review Committee will probably meet in late June or early July to score the applicants. RECONVENE There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:14 p.m. by Mayor Nagel. PUBLIC A motion was made by Mayor Nagel and seconded by Councilman Sawyer to HEARING authorize a Special Meeting to be held on Monday, March 24, 1997 at 3:30 p.m. to convene at City Hall and then to adjourn and reconvene at 4:00 p.m. at the Beaumont Civic Center to participate in a joint Public Hearing for the purpose of hearing comments, reports, evidence and recommendations regarding the pending Gulf States Utilities rate case. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize a Public Hearing to be held Monday, March 24, 1997 at 6:00 p.m. in the Nederland City Council Chambers for the purpose of discussing the pending Gulf States Utilities rate case and adoption of an ordinance pertaining to utility rates. All Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve an Amendment to Ordinance No. 107, authorizing the placement of "No Parking" signs on the north side of Park Drive west of South 36th Street for a distance of 340 feet and on the east side of South 37th Street south of Park Drive for a distance of 800 feet. All Voted Aye. SETRPC A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize participation in the Household Hazardous Waste Program sponsored by the South East Texas Regional Planning Commission in the amount of $688.00. All Voted Aye. DRAINAGE A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the submission of drainage projects to Jefferson County Drainage District No. 7 as follows: 1) drainage study of Main "C "; and, 2) enlargement of storm sewer along Detroit from 12th Street to Gulf States Utilities right -of -way. All Voted Aye. v•sv Minutes continued, March 10, 1997 BIDS A motion was made by Councilman Daughtry and seconded by Mayor Nagel to award bids received for water and sewer line construction on Hilldale Drive ' (CDBG project) to Larry's Construction, Winnie, TX in the amount of $136,875.50. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to KSA Engineers, Inc. in the amount of $1,620.66 for engineering services associated with the Water Treatment Plant construction, operational phase. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to KSA Engineers, Inc. in the amount of $560.00 for engineering services associated with the Water Treatment Plant, construction phase. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Schaumburg & Polk, Inc. in the amount of $13,211.73 for engineering services associated with the Wastewater Treatment Plant improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman I Radcliff to authorize payment of the bills for the month of February, 1997. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:45 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code Chapter 551.071, A. J. Waller vs. City of Nederland, and Chapter 551.072, discuss acquisition, exchange, and/or release of property. Mayor Nagel stated that the item under Chapter 551.074, consider appeal of grievances by Edward Boudreaux has been postponed and will not be discussed. RECONVENE The regular meeting was reconvened at 7:15 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. COMMUNI- Andre' Wimer, City Manager, informed the Council that the proposed bomb CATION threat policy should appear on the next agenda. Mr. Wimer stated that he received a letter from Billy Sims, KSA Engineers regarding the Water Treatment Plant. He is hopeful that the final acceptance of the plant will be on the next agenda. Minutes continued, March 10, 1997 The City Manager reported that the second pass through of the City since the ice storm has been completed. The trash trucks have returned to their regular schedule. ADJOURN There being no further business the meeting was adjourned at 7:20 p.m. by Mayor Nagel. ATTEST: LaDorma Floyd, City Secretary City of Nederland, Texas 1 1 2t &oa�ke Homer E. Nagel, Mayor 1. V - City of Nederland, Texas 041 V i41r CITY OF NEDERLAND , COUNCIL MEETING ATTENDANCE SHEET Name Title Present AhcPnt Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian Mayor City Secretary 3 --io - 9't Date L� 1 (,CG /(jyC(,CQ �'CC�'iU it ✓��<J /� s�. U t► � J 2'Vlwmal/r (lie /jaliona! ✓/JJnc'irllion n/1 /9rrcl aJin✓ r%//<lna ye..cot pruvial •J I/1 e C.—nnrt yt•nnrtr` nn /wltic /t rled;calleri and am(rlfrnu3 purcla:{ntrg p—AjJ <alurl! 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Can worlr Ia<�el�cr to improve )1 /r�//f(lnrlil r/t]lltl pCr�Ornirlr.Ced, ; an ZUltererlJ, the l/rrlivna[_/t/JJOciation o��w•c�adint /l /rtna tentent - Jra�in¢ n(���liale/ ali- ant- Aincintiott oJf trc1uzsin f ///anag —ent) wa�J �U I<nr' Ll in i 91 r)) anrL 1,a3 a menti—iLp n/ Over 250 I)url�rll ittrf arul nta lerirtl3 proAseinnala 111-1191'."l 111-1191'."l Ib.t area; and, 2f/Itere.J) Me primarf Jiective o/ 14;J ....Lotion iJ 1. enJla•¢ I /,e ' p0proleleiom! Jeuel rmenl o /;1J mern�pp¢rJ l�rou � er�ucation) resenrck and international feaclerslttip in purclia3;nnq anal mallerials otanargemenl; amlr / T� U�tere<u) IAe /���//aliotutCA.i�VJJnci<ttinn n��urc�..ling 'M.. rl fem¢nl id Lee1 irnotron �or ilJ pu�Ciutlion n /I ro �¢ //u /iron! /�cpor /On ?uJUrnJJr nnll.Cy ecn comic report will, national nnr� intccr�JnaRonaC n recv ynW"'.. 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Mayor for .�lteJt: r�raoC.Jortna71o©ll Ifily SecrelarY Abr A.. .&a — 044 u He/nva ke w ry • wJ CITY OF NEDERIAND A PROCLAMATION Whereas, our society has become increasingly dependent on household chemicals to perform labor - saving, time- saving miracles; and on medicine to provide health- giving, life - sustaining benefits; Whereas, these products, when not used as intended or directed, may be hazardous, particularly if children gain access to them; Whereas, over the past 35 years, the nation has been observing Poison Prevention Week to call attention to these hazards and how proper handling and disposal of these substances and proper use of safety packaging can help eliminate them; Whereas, the efforts of our community organizations, complemented by the efforts of the Southeast Texas Poison Center, have reduced childhood poisonings in Nederland. And Whereas, these programs must continue as long as even one child swallows a household product or medicine by mistake. Now, Therefore, I, Homer E. Nagel, Mayor of the City of Nederland, do hereby proclaim March 16 -22, 1997 as "Poison Prevention Week" in Nederland, Texas. Further, I direct the appropriate agencies in our local government to continue their cooperation with concerned citizens and community organizations, including our schools, to develop programs which will alert our people to the continued danger of misusing medicines and household products and to promote effective safeguards against accidental poisoning among young children. In Witness Thereof, I hereunto set my hand and have caused the Seal of the City of Nederland to he affixed this 10di day of March, 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: , LaDonna Floyd, City Secretary City of Nederland, Texas ' AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00). WHEREAS, the City Council ofthe City of Nederland is ofthe opinion that additional traffic control devices and "No Parking" zones are required in order to properly regulate traffic and maintain safety on the roads and streets ofthe City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Tl1AT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the following language: ARTICLE XII. SECTION 97 - NO PARKING ON PAVEMENT There shall be "No Parking" on the pavement, or part thereof, on the North side of Park Drive West of South 36th Street for a distance of 340 feet, and there shall be "No Parking" on the pavement, or part thereof, on the East side of South 37th Street South of Park Drive for a distance ' of 800 feet. ARTICLE XVI. SECTION 122 - PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ARTICLE XVII. SECTION 133- EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect from and after its passage and publication ofthe caption only as provided by law. PASSED AND APPROVED BY TILE CITY COUNCIL, ofthe City of Nederland, Texas on this the IQ day of_yjQtrA_, 1997, Homer E. Nagel, Mayor ATTEST: An LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard Hughes, City Attorney 0`45 046 SPECIAL MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 3:30 p.m. March 24, 1997 MEETING The meeting was called to order at 3:30 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. RECESS The meeting was recessed at 3:31 p.m. by Mayor Nagel for the purpose of attending a joint Public Hearing with other cities to be held at 4:00 p.m. at the Beaumont Civic Center for the purpose of hearing comments, reports, evidence and recommendations regarding the pending Entergy Gulf States rate case. PUBLIC The Public Hearing was called to order at 4:00 p.m. by Beaumont Mayor HEARING David Moore at the Beaumont Civic Center, 701 Main Street, Beaumont, , Texas. INVOCATION The invocation was given by Beaumont City Attorney Lane Nichols. PLEDGE The Pledge of Allegiance was lead by Beaumont Council Member Guy Goodson. COMMENTS. Karen Johnson, Entergy Gulf States, Inc., made a presentation concerning Entergy s rate increase request. Ms. Johnson reported that they filed a supplemental testimony with the Public Utility Commission last week stating that Entergy will commit to quality service and guarantees. She added that the increase request is due mainly to fuel cost increases and the last time fuel rates were raised was in 1991. Entergy has stated that fuel costs have risen 34% from the 1994 costs. Don Butler, Butler, Porter, Gay & Day, attorneys representing Steering Committee 9f cities, introduced Dan Lawton . of Diversified Utility Consultants, Inc. U-11 i Minutes continued, March 24, 1997 ' Mr. Lawton gave a brief report on their investigation of Entergy's proposal to increase rates and implement their seven year Transition to Completion Plan. He added that Entergy's rate revenue proposals is a $41.4 million surcharge to be collected over 12 months starting in July, 1997 and a $19.6 million per annum increase in total rates. Under the merger plan of Gulf States Utilities and Entergy it was claimed that there would be fuel cost decreases and non - fuel efficiency savings resulting from the merger, however, these have not materialized under the Company's new proposal. Mr. Lawton added that DUCI, as the cities' consultant, recommend that base rates be reduced, and if they are reduced by cities when exercising their original jurisdiction, the rate reduction in the amount of $43,614,000 (12.29 %)) should become effective immediately; and refunds for service back to June 1, 1996 should be credited on the next billing cycle. Beaumont Mayor Moore opened the floor for public comments. Mr. Luke Barrow, Orange, TX, commented that he was extremely disturbed by the rate increase request and supports the freezing of the current rates until the year 2000. Claude Browning, Fannett, TX, commented that he would urge the cities to deny a rate increase. Claude Hunter, Beaumont, TX, stated that he is very dissatisfied with the service and maintenance of lines provided by Entergy. Dean Robinson, Silsbee, TX, commended Entergy for their efforts in the areas of economic development for the entire area, such as the Team City projects which greatly assisted communities with no Economic Development Corporation of their own. Lonnie Arrington, Beaumont, TX, stated that he likes the idea of competition and supports de- regulation. Bessie Chissum, Beaumont, TX, wanted to publicly commend Entergy for their charitable contributions throughout the community. Mr. Butler, Butler, Porter, Gay & Day, stated that final action, by way of an ordinance, must be completed by each city before April 8, 1997. There being no further questions and /or comments Beaumont Mayor Moore ' adjourned the Public Hearing at 5:06 p.m. U40 Minutes continued, March 24, 1997 RECONVENE The special meeting was reconvened at 5:35 p.m. by Mayor Nagel at the Nederland City Office Building. I ADJOURN There being no further business the meeting was adjourned at 5:35 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 I I U 41 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 Name Title Present Ahcant Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 / R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager V/ LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director ,/ Victoria Klehn Librarian ayor City Secretary ' .3- .2q.97 -- -` Date fib,) REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 6:00 p.m. March 24, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the March 10, 1997 meeting as written. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing was called to order HEARING at 6:01 p.m. by Mayor Nagel for the purpose of discussing the pending Entergy Gulf States rate case and adoption of an ordinance pertaining to utility rates. I Andre' Wimer, City Manager, stated that the member cities of the Steering Committee were notified by Butler, Porter, Gay & Day, Inc. (attorneys representing Committee) advising that a Public Hearing shall be held by each city after the joint Public Hearing which was held earlier today in order to receive comments relative to the pending rate case. He added that DUCI has recommended adoption of an ordinance requiring the rates be reduced by $43,614,000 (12.29 %) must be adopted prior to April 8, 1997. Mayor Nagel commented that under the agreement of the merger plan between Entergy and Gulf States Utilities anytime there is a reduction in rates the money will be divided among the rate payers and the shareholders. He further stated that the cities' consultant has recommended that each city adopt an ordinance denying the rate increase request and reducing the rates. John Oliver, Entergy Gulf States, Inc., explained that the rate increase request is due to rising fuel costs. Mayor Nagel said that the cities have always taken the advice of the consultants. ' Councilman Sawyer stated that these consultants have been working with the Steering Committee for 20 years and he feels we should approve their recommendations by adopting the ordinance. Minutes continued, March 24, 1997 Joseph Neumann, 403 - 36th Street, asked how much the rate increase request is for. Council responded that it has been estimated to be approximately $5.00 per month for the average customer. John Oliver reiterated that the increase is for fuel costs, but that a portion of it will be removed from customer's bills within 12 months. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was called back to order at 6:16 p.m. by Mayor Nagel. ORDINANCES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Ordinance No. 1997 -04, denying the request and reducing the rates of Entergy Gulf States, Inc. in the City of Nederland. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve Ordinance No. 1997 -05, canceling the general election ordered for May 3, 1997. All Voted Aye. WATER TREAT- A motion was made by Councilman Sawyer and seconded by Mayor Nagel to MENT PLANT approve final payment to ALLCO, Inc. in the amount of $20,000.00, Water Treatment Plant construction. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the Water Treatment Plant. All Voted Aye. CDBG A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve a contract with Schaumburg & Polk, Inc. for engineering services associated with the Wagner Addition project (Community Development Block Grant). All Voted Aye. POLICIES AND Andre' Wimer, City Manager, explained the proposed pay plan for volunteer PROCEDURES firefighters. The pay will be as follows for non - certified volunteers: 1) each alarm - $10.00; 2) each alarm over two (2) hours - $20.00; and, 3) inter- ' departmental training - $5.00 each full drill. For certified volunteers the pay will be: 1) each alarm - $12.00; 2) each alarm over two (2) hours - $25.00; and 3) inter - departmental training - $5.00 each full drill. Minutes continued, March 24, 1997 A motion was made by Councilman Sawyer and seconded by Councilman I Daughtry to adopt the pay plan for volunteer firefighters. All Voted Aye. A review was conducted of the revised bomb threat policy. Mayor Nagel announced that the Council is pleased with the policy, but since it is an operating policy it will require no formal Council action. ECONOMIC A motion was made by Councilman Nugent and seconded by Councilman DEVELOPMENT Radcliff to appoint the following to the Nederland Economic Development CORPORATION Corporation for a period of two (2) years: Jess Fuller, Dalton Babineaux, Carl LeBlanc, Billy Doornbos, and Tom Lee. All Voted Aye. PERSONNEL Andre' Wimer, City Manager, explained that there are currently 11 budgeted positions in the Water and Sewer Distribution Department. He added that staff is requesting adding one (1) full -time position in this department because on any given day an employee may be absent due to sick leave, vacation, etc. which causes the crews to be short handed. The City has been using temporary help in the past, which has cost approximately $16,462 for a one - year period. The estimated cost to fill this position is $24,777. A motion was made by Councilman Sawyer and seconded by Councilman ' Daughtry to authorize an additional position in the Water and Sewer Distribution Department. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize advertisement of bids for remodeling the Dispatch Office. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize advertisement of bids for two (2) pickup trucks for the Public Works Department. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Schaumburg & Polk, Inc. in the amount of $6,882.57 for engineering services associated with the Wastewater Treatment Plant improvements. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to KSA Engineers, Inc. in the amount of $1,369.35 for ' engineering services associated with the Water Treatment Plant, operational phase. All Voted Aye. Minutes continued, March 24, 1997 A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment to Costello, Inc. in the amount of $891.86 for services associated with the drainage study. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:30 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, A. J. Waller, Sr. vs. City of Nederland; Chapter 551.072, discuss acquisition, exchange, and /or release of property; and, Chapter 551.074, consider appeal of grievances by Edward Boudreaux and Bill English. RECONVENE The regular meeting was reconvened at 9:25 p.m. by Mayor Nagel. He announced that the items under Chapter 551.071 and Chapter 551.072 were for informational purposes only. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to deny the first grievance and grant the second grievance as requested by Edward Boudreaux. All Voted Aye. ' A motion was made by Mayor Nagel and seconded by Councilman Sawyer to deny the grievance by Bill English. All Voted Aye. COMMUNI- Andre' Wimer, City Manager, reported that the SSES was started today. Mr. CATION Wimer also stated that the plans for the new library should be finalized next week, and the disinfection building has been set. ADJOURN There being no further business the meeting was adjourned at 9:30 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas V rJ J V J 1I CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager / LaDonna Floyd City Secretary ,/ Richard Hughes City Attorney ✓ Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City I%Igr. Steve Hamilton Public Works Din Rod Hatch Building Official Jim Weaver Parks Director V/ Victoria Klehn Librarian Mayor City Secretary ,3 -oZK. 91 Date 1 CITY OF NEDERLAND 1 ORDINANCE NO. 1997 -04 AN ORDINANCE DENYING THE REQUEST AND REDUCING THE RATES OF ENTERGY GULF STATES, INC. IN THE CITY OF NEDERL.AND, TEXAS; PROVIDING FOR CONDITIONS, SEVERARILITY, AND REPEAL OF CONFLICTING ORDINANCES. WHEREAS, the City of Nederland is a regulatory authority under the Public Utility Regulatory Act (PURA) and has original jurisdiction over the rates of Entergy Gulf States, Inc. (GSU); and, WHEREAS, GSU is required under the terms ofthe merger agreement in Docket 11292 before the I-ltblic Utility Commission to file a rate proceeding to pass on to ratepayers benefits from such merger and other cost reductions which have occurred; and, WHEREAS, GSU on November 27, 1996, pursuant to PURA Section 2.212, made a filing with the Public Utility Commission and with cities exercising original jurisdiction which such filing includes, among other requests, a fuel factor increase and a request to surcharge prior fuel costs; and, WHEREAS, the schedule of rates proposed by GSU was suspended for a period of ninety (90) days from the effective date stated in GSU's Statement of Intent for further review and investigation; and, WHEREAS, certain local regulatory authorities have heretofore initiated a review of GSU rates; and, WYItREAS, GSU haS agreed on May 7, 1997 that any overall Texas retail base rate reduction in this proceeding should be retroactive to June 1, 1996, with interest; and, WHEREAS, the quality of GSU's service should be considered in the determination of a reasonable return on GSU's invested capital; and WHEREAS, the City having considered GSU's request alter reasonable notice and public hearing, is of the opinion and finds that the relief requested by GSU should be denied and the rates of GSU should be reduces effective immediately; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Part 1: That the rates, tariffs, and charges of GSU for electric power and energy sold within the City of Nederland be revised to reduce annual base revenue's by $43,614,000, a reduction of approximately 12.29%, on a Texas retail basis. The Schedules of Rates as required to be filed by Part 4 hereof resulting from said 1•edttt;tion are those under which the Company shall be authorized to render electric service and to collect charges lrom its customers for the sale of electric power and energy within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended, or withdrawn, with the approval ofthe City Council. Part 2: The rates approved hereby fix the overall revenues ofthe Company at a level which ' will permit GSU a reasonable opportunity to earn a reasonable return on its invested capital used and useful in rendering service to the public over and above the Company's reasonable and necessary operating expenses. The rates approved hereby arc just and reasonable. Part 3: The rates approved hereby shall be effective and in force for all consumption from and after the date hereof and shall be charged and observed thereafter until revised according to law. Billings for periods of consumption which include consumption both under the Company's existing rate and the rates established hereby shall be prorated, based on the days within each such perik as though daily consumption had been equal on each day throughout both such periods. Part 4: The base rates of all customer classes and each component thereof shall be reduced by the same equal percentage amount except for large power service and high load factor service, which shall remain unchanged. GSU shall file with the City a schedule of rates reflecting such rate design together with calculations supporting same no later than 10 business days from the date hereof. Part 5: Any and all GSU requests for any type relief or modification of existing tariffs, rates or schedules not specifically addressed herein is denied. Part 6: Notwithstanding any other provision herein contained, the rates of GSU within the City of Nederland shall not, in any case, exceed the rates of customers of GSU in unincorporated areas whether such rates for unincorporated areas are set prior to or after the adoption of this ordinance and it shall be unlawful for GSU, its agents, servants or employees to collect or attempt to collect higher rates within the City of Nederland than are collected by GSU within unincorporated areas. Part 7: That the action ofthe City Council ofthe City of Nederland enacting this ordinance constitutes, on the date of its final passage, a final determination of rates for GSU within the City of Nederland in accordance with Public Utility Regulatory Act §2.212. Part 8: Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifging, in any manner, the right and power ofthe City under the law to regulate the rates and charges of GSU. Part 9: Should any part, sentence or phrase of this ordinance be determined to be unlawful, void or unenforceable, the validity of the remaining portions of this ordinance shall not be adversely effected. No portion of this ordinance shall fail or become inoperative by reason ofthe invalidity of any other part. All provisions of this ordinance are severable. Part 10: That all ordinances, resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED AND APPROVED by the City Council ofthe City of Nederland this the day of 7'`'QAth- 1997. CITY OF NEDERLAND, TEXAS Homer E. Nagel, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attom y 1 CITY OF NEDERLAND ORDINANCE NO. 1997 -05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND CANCELING TnE ELECTION ORDERED FOR MAY 3, 1997 IN ACCORDANCE WITH TEXAS ELECTION CODE, SEC. 2.053. WHEREAS, the City of Nederland, Texas is a home -rule city of the State of Texas, located in Jefferson County, Texas, created according to the laws of the State of Texas, and operating in accordance with the laws of the State of Texas. WHEREAS, the annual municipal election ofthe City of Nederland, Texas has been ordered for May 3, 1997 for the purpose of electing two (2) council members, one (1) from Ward I and one (1) from Ward III, to serve on the City Council of the City of Nederland, Texas. WHEREAS, no proposition is to appear on the ballot in that election; and WHEREAS, the City Secretary has certified in writing that each candidate on the ballot is unopposed for election to office; and WHEREAS, the tiling deadline for placement on the ballot and declaration of write -in candidacy has passed; and WHEREAS, in these circumstances Sec. 2.053 of the Texas Election Code authorizes a governing body of the political subdivision, by order or ordinance, to declare each unopposed candidate elected to the office, therefore, canceling the electiod. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. The following candidates, who are unopposed in the May 3, 1997 general election are hereby declared elected to office, and shall be issued a certificate of election: . Council Ward I: Robert D. Sawyer Council Ward III: Mike Radclitl' SECTION 2. .The City Secretary is directed to post a copy of this ordinance at each designated polling place on May 3, 1997. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, ' sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. I This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY TILE CITY COUNCIL of the City of Nederland, Texas this the oL Y day of `lA h 1997. ATTEST: „b <�ld LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City 4torney City of Nederland, Texas _ c n n�_ Homer E. Nagel, Mayor City of Nederland, Texas v J J REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 6:00 p.m. April 14, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Pro Tem Robert Sawyer at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Daughtry and seconded by Mayor Pro Tern Sawyer to approve the minutes of the Special Meeting of March 24, 1997, and the Regular Meeting of March 24, 1997, as written. All Voted Aye. WELCOME Mayor Pro Tern Sawyer welcomed members of Boy Scout Troop 53 who were in attendance.. RESOLUTION Andre' Wimer, City Manager, explained that as part of the Community Development Block Grant Program process a resolution must be passed to authorize submission of the application. He added that this application will be to replace water lines in the area east of Gage to 1 st Street from Nederland Avenue to Hwy. 366. The estimated cost of the project is $326,400 and the grant being applied for is in the amount of $250,000. Randy Blanks, David Waxman, Inc., announced that the Regional Review Committee will meet to score the applications sometime in July and the State will score them in August. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilman Radcliff to approve Resolution 1997 -04, 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. All Voted Aye. ' ORDINANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Councilman Daughtry to postpone approving an Amendment to Ordinance No. 164, setting Council meeting dates, until such time as the entire Council is present. All Voted Aye. UUU Minutes continued, April 14, 1997 POLICIES / Andre' Wimer, City Manager, stated that the City's substance abuse policy PROCEDURES needs to have some language cleaned up in order to further detail the process of drug testing. This was a discussion item only and no action is necessary. MID- COUNTY A motion was made by Mayor Pro Tern Sawyer and seconded by Councilman MUNICIPAL Radcliff to authorize the purchase of mobile and hand held radios for the Police LEAGUE Department and radio equipment for the Mid- County Municipal League Central Dispatch, with Nederland's share being $85,794.97. All Voted Aye. CONTRACTS/ A motion was made by Mayor Pro Tern Sawyer and seconded by Councilman AGREEMENTS Radcliff to approve a contract with Schaumburg & Polk, Inc. for the Nederland Avenue rehabilitation project, contingent upon approval of the contract by the City Attorney. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Mayor Pro Tern Sawyer to approve a contract with Schaumburg & Polk, Inc. not to exceed $13,000, for surveying and drafting work of sewer line replacement projects, contingent upon approval of the contract by the City Attorney. All Voted Aye. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilman ' Radcliff to approve an agreement for services with Nelson Services. All Voted Aye. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilman Radcliff to approve an agreement with Plan 21, employee assistance program. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Mayor Pro Tern Sawyer to approve an agreement with Tower Medical Center, drug and alcohol testing. All Voted Aye. SURPLUS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilman Daughtry to declare certain property as surplus and authorize it to be sold at auction. All Voted Aye. FIRE A motion was made by Councilman Daughtry and seconded by Mayor Pro PROTECTION Tern Sawyer to extend termination of the fire protection contract with Jefferson County until June 1, 1997, for fire protection by the Nederland Fire Department. All Voted Aye. I 1 1 1 Minutes continued, April 14, 1997 PAYMENTS A motion was made by Councilman Radcliff and seconded by Mayor Pro Tem Sawyer to authorize payment of the bills for the month of March, 1997. All Voted Aye. EXECUTIVE A motion was made by Mayor Pro Tem Sawyer and seconded by Councilman SESSION Radcliff to postpone the Executive Session. All Voted Aye. COMMENTS The City Manager announced that the Notice to Proceed has been issued to Larry's Construction for the CDBG project on Hilldale. ADJOURN There being no further business the meeting was adjourned at 6:35 p.m. by Mayor Pro Tem Sawyer. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Robert Sawyer, May *fro Tem City of Nederland, Texas Ub! vvr- CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Alike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary V11, Richard Hughes City Attorney Billy Neal Police Chief V/ Alike Lovelady Fire Chief V111 Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian i1- i Mayor Pro 1-er1 City Secretary Y-rq, R, Date F I LJ 1 CITY OF NEDERLAND RESOLUTION 1997 -04 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 ACC 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 1997/1998 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 Citv's application be placed in competition for finding under the Community Development Fund. 3. That the application be for $250,000.00 of grant funds to replace and upgrade existing water lines in the Atlanta Avenue /2nd Street 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 $76,400.00 from its General Fund as a cash contribution toward the project activities of this Water Improvements project and $ -0 -in -kind services. PASSED AND APPROVED this the N day of_ap, Q -11997. Robert Sawyer, Mayor Pro TO ATTEST: id I ' LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att ney vvIt EMPLOYEE ASSISTANCE PROGRAM AGREEMENT I AUTOMATIC RENEWAL In accordance with the Employee Assistance Program Agreement effective July 1, 1996, specifically Section H -A, Plan 21 and the City of Nederland agree to renew the agreement for one year beginning on July 1, 1997 under the same terms and conditions as the existing agreement. Executed this 14th day of April, 1997, but effective as of the effective date set forth herein. ATTEST: LaD a Floyd, �Secretary PLAN 21, INCORPORATED By: Name: ktephdn N. Luppino Its: Vice President CITY OF NEDERLAND, TEXAS By: Name: -Robert Sawyer Its: Mayor Pro tem 1 VOJ AGREEMENT (EMPLOYEE DRUG /ALCOHOL TESTING) Agreement entered into on the date stated below, between the City of Nederland, State of Texas, a municipal corporation, herein referred to as CITY, and M.P. Clinic, Inc., d/b /a Tower Medical Center, 2100 Highway 365, Nederland, Texas 77627, a corporation authorized to carry on business in the State of Texas, herein referred to as TESTING FACILITY. In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows: SECTION ONE TESTING FACILITY REPRESENTATIONS TESTING FACILITY represents that it is a laboratory certified under appropriate federal and state regulations to perform and conduct urine, blood and breath tests to determine chemical or drug content in individuals. SECTION TWO TESTING SERVICES AND FEES TESTING FACILITY agrees to provide a one call, full service drug and alcohol testing program to the City of Nederland employees. The description of integrated services to be performed and fees to be charged are set forth in the attachment marked Exhibit "A" (consisting of one page), which is incorporated herein by reference. TESTING FACILITY further agrees to adhere to the criteria established by the City of Nederland Substance Abuse Policy relative to employee drug/alcohol testing, including but not limited to the provisions regarding confidentiality, chain of custody, and guidelines adopted by the United States Department of Health and Human Services for work place urinalysis. SECTION THREE COMPENSATION For services rendered by TESTING FACILITY under this Agreement, CITY agrees to pay to TESTING FACILITY the fee(s) designated on Exhibit "A" attached hereto. Payment shall be made by CITY within 20 days of its receipt of an itemized statement of services rendered during the preceding month. SECTION FOUR INDEMNIFICATION TESTING FACILITY shall indemnify CITY and hold it harmless against all claims, costs, ' demands, attorneys fees, causes of action, losses, or damage that may arise as the result of any action or conduct by TESTING FACILITY or its agents, employees, or officers in the testing performed or duties imposed under this Agreement. SECTION FIVE ' ASSIGNMENT No assignment of this Agreement shall be valid without the written consent of the CITY. SECTION SIX BREACH A breach of contract by either party shall constitute grounds for cancellation of this Agreement by the other party. However, the party who commits the breach shall have fifteen (15) days after mailing of written notice of such breach from the other party in which to correct or abate the breach and avoid the cancellation. SECTION SEVEN VENUE This Agreement is entered into and performable in Jefferson County, Texas. SECTION EIGHT EFFECTIVE DATE: TERM This Agreement shall take effect on the date signed by the CITY and shall remain in effect, subject to the provisions regarding cancellation, for a period of one year therefrom. IN WITNESS WHEREOF, the parties have executed this Agreement at Nederland, Texas on the 14 day of 04t, � 11997. M. P. CLINIC, INC., d/b /a/ TOWER MEDICAL CENTER By: Its: ATTEST: CITY OF NEDERLAND, TEXAS [� By: Its: Mayor Pro Tem ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6 :00 p.m. April 28, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the minutes of the April 14, 1997 meeting as written. All Voted Aye. PRESENTATION Eileen Klein, on behalf of Dairy Queen and Crabtree Signs, presented the City of Nederland with two "Slow - Duck Crossing" signs that they would like to have erected on Avenue H near Doornbos Park. She stated that she would hope that these signs could be beneficial in saving the lives of ducks as they cross Avenue H. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to accept the "Slow - Duck Crossing" signs donated by Dairy Queen and Crabtree Signs. All Voted Aye. LIBRARY Phillip Long, Long*Magnuson Architects, presented the Mayor and Council with the final drawing of the Marion and Ed Hughes Library design. Mr. Long added that the drawing and specifications are complete and are ready to go out for bids as soon as the State informs them of their required documentation to be included. UNDERGROUND Andre' Wimer, City Manager, briefed the Council on the report by Don S. STORAGE TANK Reichle & Associates on the 1,000,000 gallon underground storage tank located on Canal Avenue. Mr. Reichle listed a number of concerns with this concrete reservoir. The estimated cost to repair the storage facility is between $340,000 and $380,000, and the cost to construct a new one would be between $300,000 and $320,000. Mr. Wimer stated that staff has reviewed ' the existing storage capacity requirements of the TNRCC and ISO fire rating and found that if we elect to take this tank out of service we would still exceed their minimum capacity requirements. vvv Minutes continued, April 28, 1997 Mr. Wimer added that a balance of $360,293.10 remains in the Water Plant bond funds and staff has requested that consideration be given to allow these , funds to be expended in connection with the old Water Plant. Staff has asked to utilize $125,000 on demolition of the old plant and underground storage tank, new fencing, new piping, remodel electrical building, fill material for underground storage tank, and miscellaneous associated with this request. The remaining balance after these expenses would be $219,293.10 which could be used for repairs of the South 5th Street tower, and detailed inspection, preparation of bid documents, and inspection services (during repair work) of South 5th Street and Canal Avenue towers by Don Reichle & Associates. The Mayor and Council stated that they would be agreeable to these requests. Mr. Wimer informed Council that staff will begin preparing documentation in order to proceed with these matters. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve an Amendment to Ordinance No. 164, setting council meeting dates from May 5, 1997 through April 27, 1998. All Voted Aye. CONTRACTS/ A motion was made by Councilman Nugent and seconded by Councilman AGREEMENTS Radcliff to approve a contract between the City of Nederland and the Mid I County YMCA for the use of the Doornbos Park Swimming Pool for swimming lessons. All Voted Aye. LICENSE TO A motion was made by Mayor Nagel and seconded by Councilman Sawyer to ENCROACH approve a License to Encroach at 1216 Orange Avenue and authorize the City Manager to sign the document if variance is granted by the City. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to postpone awarding bids received for remodeling the Dispatch Office until the May 19, 1997 meeting. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for two (2) compact pickup trucks for the Public Works Department to Philpott Motors Port Neches, TX in the amount of $23,879.00. .AJ1 Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman ' Daughtry to authorize payment to Schaumburg & Polk, Inc. in the amount of $3,132.00 for r �gineeri,ig services associated with the wastewater system improvements. All Voted Aye. . I voZJ Minutes continued, April 28, 1997 A motion was made by Councilman Nugent and seconded by Mayor Nagel to authorize payment to Schaumburg & Polk, Inc. in the amount of $36,542.45 for engineering services associated with the Sanitary Sewer Evaluation Survey. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Costello, Inc. in the amount of $738.56 for engineering services associated with the Master Drainage Plan. All Voted Aye. EXECUTIVE The meeting was recessed at 7:05 p.m. by Mayor Nagel for the purpose of SESSION conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, A. J. Waller vs. City of Nederland, and Robert Miller vs. City of Nederland; Chapter 551.072, discuss acquisition, exchange, and /or release of property; and, Chapter 551.074, consider appeal of grievance by Bill English, and evaluation of City Manager. RECONVENE The regular meeting was reconvened at 7:58 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. ' COMMUNI- Andre' Wimer, City Manager, announced that the CDBG for the area east of CATION Gage has been submitted to the State. Mr. Wimer stated that TCI Cablevision has announced a rate increase. ADJOURN There being no further business the meeting was adjourned at 8:13 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: A� � e .,c Ana Floyd, City Secretary City of Nederland, Texas U rU CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET Name Title Prrcent A hcont Homer E. Nagel Mayor / Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 / Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official / Jim Weaver Parks Director Victoria Klehn Librarian Ci"h Mayor \: a Sri is ��� City Secretary -(-a�?- Date L, 1 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 5, 1997 THROUGH APRIL 27, 1998. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and arc 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 3:00 p.m. on each of the following dates: May 5, 1997 June 2, 1997 July 14, 1997 August 11, 1997 September 8, 1997 October 13, 1997 November 10, 1997 December 8, 1997 January 12, 1998 February 9, 1998 March 9, 1998 April 13, 1998 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: May 19, 1997 ' June 23, 1997 July 28, 1997 August 25, 1997 September 22, 1997 October 27, 1997 November 24, 1997 December 15, 1997 January 26, 1998 February 23, 1998 March 23, 1998 April 27, 1998 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 oV day of April, 1997. Homer E. Nagel, Mayor City of Nederland, Texas �ATTEST: LaDonna Floyd, City ecre ary City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: �ityiAttorney kichard D. Hughes, CT— City of Nederland, Texas 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 not later than May 27, 1997, 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, on weekdays (Monday through Friday) from June 3, 1997 through August 8, 1997. The time periods each weekday shall be from 10:00 a.m. to 12:10 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 $500,000.00, and hereby agrees to furnish the City of Nederland a copy of said policy. Such insurance policy shall contain an endorsement providing that it will be primary as to any other insurance the City may have. Such insurance policy shall be provided to the City prior to the beginning date of the Contract. Such policy shall not be canceled or coverage reduced during the term of the agreement; 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 lesson. 1 It is hereby agreed by the parties hereto that the Y.M.C.A. shall have control over all participants 2nd all instructors in the swimming program. U 11 The beginning date of this Contract shall be June 3, 1997 and the Contract shall terminate August 8, 1997. 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. AS FURTHER CONSIDERATION, Y.M.C.A., ITS DIRECTORS AND ASSIGNS, DOES HEREBY RELEASE, DISCHARGE, DEFEND AND HOLD HARMLESS THE OWNERS, OPERATORS AND SPONSORS OF THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE CITY OF NEDERLAND, ITS AGENTS, OFFICERS, OFFICIALS AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OF ANY SORT, INCLUDING ATTORNEY'S FEES AND COSTS OF DEFENSE, FOR INJURIES SUSTAINED TO ANY PERSON AND /OR PROPERTY DURING OR ARISING OUT OF Y.M.C.A.'S PRESENCE ON THE PREMISES AND /OR ITS USE OF THE SWIMMING POOL. THIS RELEASE, DISCHARGE AND OBLIGATION TO DEFEND AND HOLD HARMLESS SHALL APPLY TO ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION OF ANY SORT, WHETHER SAME BE BASED ON NEGLIGENCE OR ANY OTHER ALLEGATION OF FAULT, AND SHALL EXPRESSLY INCLUDE ANY AND ALL DEMANDS, CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, ANY AND ALL NEGLIGENCE AND /OR GROSS NEGLIGENCE OF THE CITY OF NEDERLAND, ITS AGENTS, OFFICERS, OFFICIALS AND EMPLOYEES, WHETHER SAID NEGLIGENCE BE THE SOLE PROXIMATE CAUSE OF ANY ALLEGED INJURY OR DAMAGE, OR A PROXIMATE CAUSE JOINTLY AND CONCURRENTLY WITH NEGLIGENCE OF THE Y.M.C.A, AND /OR THIRD PARTIES. v4-�t City. This Contract may be assigned by the Y.M.C.A. without the express, prior approval of the Witness our hands this o*N CITY OF NEDERLAND 16040MQ2 E. NeJ66L Homer E. Nagel, Mayor ATTEST: LaDonna Floyd, City Secretary day of U , 1997. APPROVED AS TO FORM AND LEGALITY: /mil Rt(CkPk2O J. it�F�wr_S Richard D. Hughes, City Attorney MID COUNTY Y.M.C.A. President, Board of Directors ATTEST: Y.M.C.A. Secretary 1 1 1 1 LICENSE TO ENCROACH THE STATE OF TEXAS COUNTY OF JEFFERSON 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 Mike Merrill, and wife, Marilyn Merrill, as Owners, of Jefferson County, Texas, hereinafter referred to as "Licensee ", whether one or more, contracted and agreed as set forth herein; and, WHEREAS, Licensee Mike Merrill, and wife, Marilyn Merrill, owns the property known as 1216 Orange Avenue, Nederland, Jefferson County, Texas, the same being more fully described as Lot No. 6, Block 3, Cessac 2 Addition, 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 2416, Page 144, of the Map Records of Jefferson County, Texas; and 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: fora 7' encroachment to build a storage building on concrete pads, all of said encroachment 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 part 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 structures 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. 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 construction, 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 inure 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 structures, 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 apart 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 1216 Orange Avenue, Nederland, Texas 77627. 1 EXECUTED this J8 day of OAA, 1997. ' LICENSOR: CITY OF NEDERLAND By. /V An e' Wimer City Manager ATTESTED: City Secretary APPROVED: 1 -6 Richard D. Hughes City Attorney LICENSEE: 1) 910 Merrill 1 lyn errill 1 Ur( v +v REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 3:00 p.m. May 5, 1997 MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the April 28, 1997 meeting as written. All Voted Aye. OATH OF OFFICE LaDonna Floyd, City Secretary, administered the Oath of Office to Robert Sawyer, Councilman Ward I, and Mike Radcliff, Councilman Ward III. WASTEWATER Ricky Bourque, Schaumburg SL Polk, Inc., briefed the Council on the status ' SYSTEM of the Sanitary Sewer Svstem Evaluation Survey (SSES). Mr. Bourque IMPROVEMENTS reported that the majority of the work performed to date involves manhole inspection. The total number of manholes inspected is 639, there were 158 manholes on the existing map which could not be located. He added that there were 63 manholes that were unaccessible and 28 manholes surcharged. Mr. Bourque also reported that smoke testing of the lines has begun and flow monitoring will begin soon. DRAINAGE A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve a moratorium for installation of culverts in the drainage study area and to allow the seven residents in the area who have already requested culverts to have the option of waiting until the study is complete in the event the size requirements change or to install the existing size requirements now. All Voted Aye. WATER STORAGE A motion was made by Councilman Sawyer and seconded by Councilman TANK Nugent to approve a contract with Don S. Reichle Sz Associates for water ' storage tank inspection in the amount of $16,500. All Voted Aye. v.• v Minutes continued, May 5, 1997 ' FIRE A motion was made by Councilman Sawyer and seconded by Mayor Nagel PROTECTION to postpone amending the effective date of the area to be served by the City of Nederland Fire Department for fire protection services. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to award bids received for remodeling the Dispatch Office to Basco Constriction, Nederland, TX, in the amount of $11,639.00. All Voted Ave. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to authorize payment to KSA Engineers, Inc. in the amount of $526.38 for engineering services associated with the Water Treatment Plant, operational phase. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment of the bills for the month of April, 1997. All Voted Ave. ' RESOLUTIONS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Resolution 1997 -05, supporting maintaining the existing Federal Clean Air Standard for Ozone as set forth by the U. S. Environmental Protection Agency. All Voted Aye. A motion vas made by Councilman Nugent and seconded by Mayor Nagel to approve Resolution 1997 -06, supporting the constriction of a permanent saltwater barrier. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman Nugent SESSION to postpone the Executive Session. All Voted Aye. COMMUNI- Andre' Wimer, City Manager, reported that the purchase order should be CATION signed next week for the purchase of the radio equipment for the Police Department. They should be on -line by August or September. Mr. Wimer announced that he has received the documentation from the State regarding the grant for the library. IMr. Wimer also reported that the pool project is nearing completion. V v " Minutes continued, May 5, 1997 Jim Weaver, Parks and Recreation Director, informed the Council that the Texas Parks and Wildlife will be stocking the pond at Doombos Park with I perch next Thursday. ADJOURN There being no further business the meeting was adjourned at 3:40 p.m. by Mayor Nagel. ATTEST: m�C'1.Q( LaDonna Flovd, City ecretary City of Nederland, Texas Homer E. Nagel, Mayo City of Nederland, Texas 1 1 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Alike Lovelady Fire Chief 1% Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian Mayor C City Secretary ' S -5-917 Date Ll U .. ENGINEERING SERVICES AGREEMENT THIS AGREEMENT made this Soh day of /` 1997, by and between CITY OF NEDERLAND , acting herein by and through its CITY MANAGER who is duly authorized so to act and in behalf of said CITY OF NEDERLAND , hereinafter called the CLIENT, and DONS, REICHLE & ASSOCIATES , hereinafter called the ENGINEER, a consulting engineering firm whose principals are professional engineers licensed to practice in the State of Texas. WHEREAS, the CLIENT desires to employ an ENGINEER to furnish engineering services for the CLIENT'S project consisting of PHASE I DETAILED INSPECTIONS ON THE CITY'S CANAL AVE. AND 5TH STREET ELEVATED WATER TANKS. WHEREAS, the ENGINEER has submitted a proposal for the aforesaid engineering work dated April 25, 1997, signed by Randy S. Reichle , (copy attached) the terms and conditions of said proposal, including lump sum fees, are satisfactory to the CLIENT, as to Phase I Work only. THE ENGINEER agrees to carry out and perform the services herein agreed to in a professional and competent manner. The ENGINEER shall be solely responsible for the safety of himself and his employees, as well as for the protection of his property or the property of the CLIENT, as a result of his operations under this Agreement. The ENGINEER shall protect, defend, indemnify, and hold the CLIENT harmless from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the work under this Agreement. The ENGINEER shall secure and maintain insurance sufficient to protect him from claims under the Worker's Compensation Act in the amounts required by law. Commercial General Liability amounts, including comprehensive form, premises, operations, independent contractors, blanket personal injury liability, underground explosion and collapse, contractual, broad form property damage, personal injury, and comprehensive general liability, shall be $1,000,000 per occurrence. Automobile Liability amounts shall be $300,000 per person, $500,000 per occurrence, and $50,000 per occurrence for property damage. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed that the ENGINEER shall DON S. REICHLE & ASSOCIATES — C 1 1 v v v furnish engineering services and the CLIENT shall make payment for same in accordance with the terms and conditions set forth in above said proposal, which said proposal is attached hereto, and is hereby made a part hereof. The ENGINEER shall commence work upon receipt of a written authorization from the CITY and shall complete Phase I, Stage 2 Work within THIRTY (30) working days and Phase II Work within THIRTY (30) working days. IN WITNESS WHEREOF, the parties to these presents have hereunto caused these presents to be executed in duplicate the day and year first above mentioned. ATTEST: CITY OF NEDERLAND /J For (Client) . y Title ATTEST: /, DON S. REICHLE & ASSOCIATES -� ^ '� / For (Engineer) Gallagher pSTEPHANIE S. 7GALLAGGHER By NOTARY Title DI State of Comm. Exp. DON S. REICHLE &ASSOCIATES vvq DON S. REICI-II.E & ASSOCIATES oty g, REICgL Tank Consulting Engineers 9 April 25, 1997 Route 4, Box 7, I� Beaumont, TX 77; 1 ill (409)722 -22 _ FAX (409)722 -5596 :.I ASSOCIAt�S Mr. Steve Hamilton, P. E., City Engineer CITY OF NEDERLAND P. O. Box 967 Nederland, TX 77627 Re: Canal Ave. & 5th Street Water Tanks Engineering Cost Proposal Our 3916 -G Dear Steve: In accordance with your request, we are pleased to offer the City of Nederland the following engineering cost data on the upcoming water tank inspection and rehabilitation work. It is our understanding the City wishes to proceed with the Phase I Detailed Inspections on the Canal Ave. and 5th Street elevated tanks. We also understand that it is the intent to then proceed into the Phase II work (preparation and distribution of contract documents) for the repair and painting of one, and possibly both, structures. Our Phase I and Phase II engineering services will be in accordance with our Engineering Proposal as presented to the City on Feb. 27, 1995. We offer the following lump sum costs for the Phase I work: Canal Ave. Tank-- - - - - -- $8,250.00 5th Street Tank---- - - - - -- $8.250.00 Total Phase I Work - -- 16,500.00 We offer the following 2 options for the Phase II work: OPTION 1 (1 contract for each tank) Canal Ave. Tank------ -- - - -- $7,250.00 5th Street Tank---------- $7.250.00 Total Phase II Work -- $14,500.00 OPTION 2 (Both tanks under one contract) Total Phase II Work -- $11,600.00 If you have any questions or require additional information, please contact our Beaumont office. Once again, we look forward to working with the City of Nederland on these water tank projects. Respectfully submitted, Randy S. Veichle, Project blgr. ' RSR/sg ' CITY OF NEDERLAND RESOLUTION 1997 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS IN SUPPORT OF MAINTAINING THE EXISTING FEDERAL CLEAN AIR STANDARD FOR OZONE AS SET FORTH BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. WHEREAS, the City Council in recognizing the challenges facing Southeast Texas and its continuing effort to inform citizens and advise elected public officials about the immediate and long - range air quality concerns that affect this area regarding federal clean air legislation, and; WHEREAS, due to extensive emission reduction activities implemented in Southeast Texas since 1972, there is a clear, downward trend in ambient ozone measurements that indicate sustainable progress toward the existing ozone standard, to the point that there were no exceedances in Southeast Texas in 1996, and; WHEREAS, the EPA's science advisory panel, the Clean Air Scientific Advisory Committee (CASAC), has stated that there is no distinguishable difference between the health impacts of the proposed ozone standard ranges and their averaging times, and; WHEREAS, approximately 50% of the ambient air monitoring data for Southeast Texas is indicative of ozone natural background levels o140 to 60 parts per billion as contributed by biogenic sources which could compromise the proposed ozone standard and presents questionable attainability, and; WHEREAS, transport of ozone causing pollutants into the Southeast Texas area from non - regional sources can contribute to excessive levels of ozone over which there is no local control, and; WHEREAS, there is serious concerns, supported by the application ofthe Urban Airshed Modeling protocols, that the proposed ozone standard may not be attainable in Southeast Texas regardless of the regulations required, and; WHEREAS, additional federal regulatory requirements already required will be implemented in Southeast Texas over the next several years to further reduce air emissions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council strongly urges: 1. The U. S. Environmental Protection Agency maintain the existing one -hour ozone standard of 0.12 parts per million until there is more definitive evidence that the proposed eight hour standard of 0.08 parts per million is both reasonable and attainable; 2. If the U.S. EPA proceeds to replace the one -hour standard with an eight hour standard equivalent in stringency, we recommend at a minimum a standard of 0.09 parts per million, based on the average annual third, fourth, or fifth highest daily maximum over a three year period; 3. That we support protective national ambient air quality standards that are balanced and scientifically justified in such a manner as not to discourage the continued economic growth and development of Southeast Texas; and, 4 4. That the voluntary Ozone Action Day program be encouraged as a process to further reduce local emissions contributing to ozone. PASSED AND APPROVED this the Sit day of 1997. Homer E. Nagel, Mayor -� City of Nederland, Texas ATTEST: LaDonna Floyd, City Se retary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ZIt I> Richard D. Hughes, Cit Attorney , City of Nederland, Texas 1 1 1 1 CITY OF NEDERLAND RESOLUTION 1997 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS URGING EACH MEMBER REPRESENTING EAST AND SOUTHEAST TEXAS CONGRESSIONAL DISTRICTS AND BOTH TEXAS STATE SENATORS TO EXPRESS STRONG SUPPORT OF A PERMANENT SALTWATER BARRIER TO PROTECT OUR CITIZENS DRINKING WATER SUPPLY. WHEREAS, die health of the City of Nederland citizens and the economic well -being of the cities, farms and industries of much of East and Southeast 'Texas are dependent upon its most vital natural resource - its freshwater supply provided by the Neches River and its tributaries, and WHEREAS, because saltwater from the Gulf of Mexico may move upstream through the Federal Deepwater channel of the Neches River to threaten the area's freshwater source with potentially devastating affects, the consequences of which arc prevented only through periodic installation of temporary sakwaler barriers by the Lower Neches Valley Authority (LNVA), WHEREAS, the construction permit granted to the LNVA by the U. S. Army Corps of Engineers will terminate on December 31, 1999, when the LNVA is required to provide an acceptable alternative method of controlling the intrusion of saltwater, and WHEREAS, an acceptable alternative saltwater control device, a Permanent Saltwater Barrier, was aut orircd by the Federal Water Resources Development Act of 1976 under terms of an agreement which assigned 75% of project costs to the Federal Government and 25% of project costs to the local cooperating sponsor, the LNVA, and WHEREAS, through an unfortunate series of project delays, changes in Federal financing policies and reallocation of cost shares, the LNVA's project cost share now proposed by the Corps of Engineers is in excess of 90% of project costs, and WHEREAS, imposing a debt of approximately $39,000,000 upon those who purchase water from the LNVA for a project largely necessitated by the affects of another Federal project, and which benefits a much larger population than those rate - paying customers of (lie LNVA, would create a burden fatal to the LNVA's agricultural customers and would be damaging to the municipal and industrial users of its water. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nederland, Texas, strongly urges each member representing the East and Southeast Texas Congressional Districts and both of this State's Senators to express strong support for this worthy project, and BE IT FURTHER RESOLVED that the expressions of support of those Federal elected representatives propose that an agreement in which the Federal Government's share of saltwater barrier project costs would be no less than 75% of total project costs. PASSED AND APPROVED this the _,1A day of _ , 1997. ATTEST: —Call rum , City S ary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hugbes, City Atitmey City of Nederland, Texas Homer E. Nagel, Mayor ' City of Nederland, Texas 4 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 6:00 p.m. May 19, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the May 5, 1997 meeting as written. All Voted Aye. MAYOR PRO TEM A motion was made by Councilman Nugent and seconded by Mayor Nagel to elect Joe Daughtry as Mayor Pro Tempore in accordance with Section 3.07 of the City Charter. All Voted Aye. I PROCLAMATION Mayor Nagel presented a Proclamation to Steve Hamilton, Director of Public Works, declaring May 18 -24, 1997 as "National Public Works Week" in Nederland. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve a Proclamation declaring May 18- 24, 1997 as "National Public Works Week" in Nederland, Texas. All Voted Aye. Mayor Nagel presented a Proclamation to Garland Diaz, Coast Guard; Beverly Bush, Beaumont Power Squadron; John Burton, Coast Guard; and, Mike Pauling, Parks and Wildlife, declaring May 17 -23, 1997 as "National Safe Boating Week" in Nederland, Texas. Each representative thanked the Mayor and Council for the proclamation. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve a Proclamation declaring May 17 -23, 1997 as "National Safe Boating Week" in Nederland, Texas. All , Voted Aye. Minutes continued, May 19, 1997 jai PRESENTATION Jeff Darby and Moe Cully, on behalf of the South County Breakfast Lions Club, presented a check in the amount of $700 to Victoria Klehn, Librarian, to be used for the new library. The donation was in honor of late club member, Mr. Hiller Newton. DRAINAGE Greg Frank, Costello, Inc., briefed the Council on the status of the drainage study. Mr. Frank added that they had mailed request for proposals for surveying work to be done in conjunction with the drainage study. They received two responses - Schaumburg & Polk, Inc., Beaumont, TX, $18,000; and Soutex Surveyors, Inc., Port Arthur, TX, $34,083. Mr. Frank stated that they are recommending that the contract be awarded to Schaumburg & Polk. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to select Schaumburg & Polk, Inc., Beaumont, TX to provide the survey services for the joint drainage study of Main "B" canal in the amount of $18,000. All Voted Aye. FIRE John Johnson, Jefferson County, stated that the county will be willing PROTECTION to pay $12,000 for one (1) year of fire protection service to the areas outside the City currently being served by the Nederland Fire Department. This amount will include $6,000 in cash and $6,000 in in -kind services and /or materials from the county. Mr. Johnson added that the residents of this area may be establishing a Fire Prevention District which will take approximately one year. He stated that the question of who will provide service to the prison systems is still being reviewed, but that Federal statutes provide for a monetary compensation for fire protection to all federal buildings which would include the federal prison system. A motion was made by Mayor Nagel and seconded by Councilman Nugent to extend the current fire protection contracts for an additional 30 -day period until June 30, 1997, in order to allow for further study of the situation. All Voted Aye. CITIZEN Paul Hempel, 1315 South 36th Street, addressed the Council relative COMMENTS to potential flooding problems in his area resulting from a parking lot being constructed by Triumph Church. Luther Day, 1320 South 36th Street, and Jolei Bayard, 702 South 9th Street, also voiced concerns with this project. Ms. Bayard requested to be on record as requesting that moratorium be placed on all construction and development until such time as the drainage situation in Nederland is improved. O90 Minutes continued, May 19, 1997 POLICIES AND A motion was made by Councilman Nugent and seconded by Mayor PROCEDURES Nagel to approve revisions to the Substance Abuse Policy. All Voted I Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone approving a policy for the installation of culverts and bridge driveways. All Voted Aye. PAYMENTS A motion was made by Councilman Nugent and seconded by Councilman Sawyer to authorize payment to Larry's Construction in the amount of $13,991.40, water and sewer line construction, Hilldale Drive (CDBG project). All Voted Aye. EXECUTIVE The regular meeting was recessed at 8:00 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, A. J. Waller vs. City of Nederland; and, Robert Miller vs. City of Nederland; Chapter 551.072, discuss acquisition, exchange and /or release of property; and, Chapter 551.074, discuss personnel - City Manager. RECONVENE The regular meeting was reconvened at 8:50 p.m. by Mayor Nagel. , He announced that the Executive Session was held for information purposes only. COMMUNICATION Andre' Wimer, City Manager, announced that the new playground equipment has been installed at Doornbos Park. He also stated that the necessary documents for the library grant has been returned to the State. Mr. Wimer reported that the City has also received donations from the Rotary Club in the amount of $8,500 for the library and $1,500 for the swimming pool, Nelson Services has agreed to donate chipping for Rienstra Park, the Pilot Club donated a swing for the handicapped, and Evergreen Landscape has donated plants for Doornbos Park. ADJOURN There being no further business the meeting was adjourned at 9:00 p.m. by Mayor Nagel. Homer E. Nagel, Ma or ATTEST: CLL� LaDonna Floyd, City Secretary ' CITY OF NEDERLAND COUNCIL, MEETING ATTENDANCE SHEET 1 Name Title Present A hcvnt Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 1 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager % LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. i Rod Hatch Building Official t/ Jim Weaver Parks Director Victoria Klehn Librarian Ma^ yo r City Secretary -5�- /q•q7 Date CITY OF NEDERLAND "PROGRAMMED PROGRESS' V y Mid-Jefferson County, Texas offirfaf f4t npr ��ereal, ru�lic wnr�! lerui-3 provicl.� in vur canvnanity are an inler�ruC part o1 our cilizne'n /! cueryUlry Pvel; and Itereul, llLe s//a��rrorl of rnt uncler!/a/nding ulut inl /orated citizenry L vita[ to Me e jjicleal erertt t //io��lt o /jr/J./I c Wn rl" ! ylfe /R! aful rrroograrn! !uc{i a! Water, !ewer!, !!reeli an� highway!, pam;c Gadbnyl, artd loO Jwall. collection; and Vltea, //,, �alarllnPely, and cntjarl o1lltil crrtntilnity greatly Irend on 11 -le Iaci Wal an .1 lervice�l; and p�7 q 1/V�er.al, I/- duality an�/epeclivene!! v /tzele 1cicililies, a! lvell a.4 I /,.;, pL., in .], design, and /construction is vita C!`y 4enclenl troll 11t e ellorb awl d;1 .1 pu11;c wort! o11cia P; n/rul ,7 %� l,eraas, 14. e��ci.ncy� oll)ppe v-11 L, anc( Jcc)icalec1 rerlonnel ta1W lla / /runilc worle! clerarhnenl! ij malerlctlCy inl4lenced ly llw People! .Villal. and unll¢rvlanlliny a j Ilte imr0rrlanceeCoo7illie worl, I/tey rm�rvnn.. M p l�n n ry� n . l lulu, ✓lterelire, J, May Cf. //a Jell,�////Y/ct far olll,e Lily n/ V.11.rlt:n� c�o liereL y proc(llim llia weelc oI / a y I S ll rou�y%�/�/ May 24, 1997 ae �/�//1 / nQ Nall iona7nl pu�Cicpn UVorl! Ueel, in llw Cnnily of llellerGln[l, anc1Jp/ut[C upon alC cilizen! anJcc;vic orptL;zalion! to aCqua;al 11,erne/elue! will, 14. i /!lJue! involved ;. prouidiny our panic worlej and to recognize loo malril ation! w4;cll pttl c tvorl?J oJIcin4f mn /!e every elitg to our /watt /l, da1.ly, eomlarl, Haul qualify 41A. Lven later /fly L ad incl Jc p o ll1l e City o/ ne clern a j IIL;! 1911; cay / Ma y, 1997. ✓Jnnter Z nyel, mayor I� _p" bonna ..ilay� Lily, secretary 1 1 1 V CITY OF NEDERLAND 'PROGRAMMED PROGRESS' MidVefferson County, Texas offire of tht Aqjor ' b Americans are increasingly beading to the water for recreation and relaxation as the opportunities for on -the -water activities grow each year. But with this growth comes additional responsibility. It is vital that both the novice and experienced boaters alike practice safe boating habits -- especially wearing a life jacket. Approximately 80 percent of the people who died in boating accidents in 1994 were not wearing life jackets. When you leave for a day of boating, you seldom expect to end up in the water. But if you do and are not wearing a life jacket, you greatly increase your chances of becoming a boating statistic. WHEREAS, in recognizing that. hundreds of 'lives could be saved each year by the wearing of life jackets- -and the life jackets of today are more comfortable, more attractive and more wearable than earlier styles of years past. WHEREAS, the law requires that wearable life jackets be carried for each person on board the boat - -and little effort is needed to wear those life jackets. NOW, THEREFORE -, I, Homer E. Nagel, Mayor of Nederland, Texas, do hereby proclaim May 17- 23,1997, as "National Safe Boating Week" and Elie start of the year -round effort to promote safe boating. IN WITNESS WHEREOF, I urge all those who boat to wear their life jackets and practice safe boating. GIVEN under myself and the seal of TEXAS, at Elie City of Nederland, this 19th day of May, 1997. Homer E. Nagel, Mayor ATTEST: LaDonna Floyd, ty Secretary REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 3 :00 p.m. June 2, 1997 MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the May 19, 1997 meeting as written. All Voted Aye. RECOGNITION Mayor Nagel introduced Gregg Mansveld from Boy Scout Troop 51 who attended the meeting in order to receive credit for a merit badge. PROCLAMATION A motion was made by Mayor Nagel and seconded by Councilman Nugent to ' approve a Proclamation declaring June 8 -14, 1997 as "U.M. ARMY Week" in Nederland, Texas. All Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Ordinance No. 1997 -06, prohibiting the parking of commercial vehicles on the streets of Nederland. All Voted Aye. Roger McGuire, 1803 Avenue G, stated that their neighborhood is having problems with two different tractor trailer rigs parking on South 17th Street and Avenue G and that they appreciate the adoption of this ordinance. A motion was made by Councilman Nugent and seconded by Mayor Nagel to approve an Amendment to Ordinance No. 146, zoning ordinance. All Voted Aye. LICENSES, A motion was made by Mayor Nagel and seconded by Councilman Radcliff PERMITS & FEES to accept and approve an application received from Kimberly Sartin, Sartin's I Seafood, for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70. All Voted Aye. Minutes continued, June 2, 1997 ' DONATION A motion was made by Councilman Nugent and seconded by Councilman Sawyer to postpone approving the donation of a City of Nederland van to the State prison until an interlocal agreement can be drafted. All Voted Aye. DOORNBOS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to PARK approve a Change Order to Quality Pools in the amount of $4,000.00, swimming pool repairs project. All Voted Aye. POLICIES/ A motion was made by Mayor Nagel and seconded by Councilman Sawyer to PROCEDURES postpone approving a policy for the installation of culverts and bridge drive- ways. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by Councilman AGREEMENTS Daughtry to approve a contract with Schaumburg & Polk, Inc. for the preparation of the NPDES permit application in an amount not to exceed $15,000.00. All Voted Aye. ' PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Schaumburg & Polk, Inc. in the amount of $1,321.30, sewer line improvements. All Voted Aye. A motion was made by Councilman Nugent and seconded by Mayor Nagel to authorize payment to Schaumburg & Polk, Inc. in the amount of $2,261.00, Nederland Avenue rehabilitation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Schaumburg & Polk, Inc. in the amount of $77,293.88, Sewer System Evaluation Survey. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize payment to Schaumburg & Polk, Inc. in the amount of $2,795.18, Wastewater Treatment Plant improvements. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment to Costello, Inc. in the amount of $627.37, drainage study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment of the bills for the month of May, 1997. All Voted Aye. Minutes continued, June 2, 1997 EXECUTIVE The regular meeting was recessed at 4:00 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government ' Code, Chapter 551.071, A. J. Waller vs. City of Nederland, and Robert Miller vs. City of Nederland; and Chapter 551.072, discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting reconvened at 4:25 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. COMMUNI- Andre' Wimer, City Manager, reported that Chief Mike Lovelady has been CATION discussing fire protection services with the Federal prison system. It appears that the Federal government may be interested in purchasing fire service equipment for the City in exchange for fire protection, but nothing has been resolved at this time. This type of an agreement will also be contingent upon the situation between the City and the County being resolved. Mr. Wimer stated that the Nederland Centennial Committee met last week to begin preparations for the 100th Birthday of Nederland in 1998. John Butters, Chairman of the Committee, added that they hope that there will be several events throughout the year. ' The City Manager informed the Council that the 5 -Year Capital Improvement Program lists several street projects for this fiscal year, but due to the drainage study and the uncertainty of which particular areas will have priority for sewer line replacement, he felt that the City should perhaps only complete the work on the heavily traveled streets. Staff has recommended the following streets for this year: South 29th Street from Avenue H to Hwy. 365; South 37th Street from Hwy. 365 to Park; and, Hilldale Drive; as well as section repairs on various streets. ADJOURN There being no further business the meeting was adjourned at 4:45 p.m. by Mayor Nagel. omer E. Nagel, Mayor City of Nederland, Texas ATTEST: ,L__ allLq2d I LaDOnna Floyd, City ecretary City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 / Dick Nugent Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney G/ Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian ''Mayor City Secretary �p -,z- cl i Date CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid- Jefferson County, Texas (Office of fqe ffl04vr Vrortamatt*01t 91 HomeeA E. NageC /, IV virl/cue 0114e aulley c7oril vejled in ine ad /N/ayor of tl e City o� //ec�edancl, Jexa�� c/o herely �roclairn June 8 -14, 1997 —45 "CI.M. ARMY Week" in lee Cily of /ieclerCand, Jexavr and urge eaelt and every Citizen of our City to weeeome the United Methodi.a.t Action Reach -out M.i,ae.ion by Youth (U.M. ARMY) to ouh community and Aeeogni.ze .these young people bon the aeay.icea they prtov.ide by .impnov.ing the quat ty ob Zi.be bon the etdeAZy, handicapped, and many othehn in ouA aAea. / / p 9n lei lint on/nV tvlreppreol, tvilnedA my 4and an c[ // Sea C of the City o f 1/ederglacn�rd lb, l4ie 2nd c(a f o� June, 1997 A• �• ORDINANCE NO. 1997 -06 ' AN ORDINANCE AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, PROHIBITING THE PARKING OF COMMERCIAL VEHICLES ON THE STREETS IN THE CITY OF NEDERLAND; AND PROVIDING A PENALTY, REPEALING AND SEVERABILITY CLAUSE WHEREAS, the City Council of the City of Nederland finds that the unrestricted parking of commercial vehicles having a length greater than twenty -five feet (25') within the City limits of the City of Nederland poses a serious threat to the community; and WHEREAS, the City Council of the City of Nederland finds that it is in the best interest of the citizens of the City of Nederland to protect lives and property to prohibit parking of certain commercial vehicles on public streets and to adopt an ordinance as hereinafter set forth; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Chapter 102, "Traffic and Vehicles ", "Division 10. Vehicle Loads; Truck Routes" is hereby amended to add Section 102 -203 "Commercial vehicles exceeding twenty -five feet" to the Code of Ordinances of the City of Nederland, Texas to read as follows: "Section 102 -303. Commercial vehicles exceeding twenty -five feet. It shall be unlawful for any person, firm or corporation to intentionally, knowingly or willfully park on a city street or street right -of -way, a commercial vehicle having a length greater than twenty -five feet (25')." Section 2. Any person, firm or corporation violating this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by fine as provided in Sec. 102 -323; provided, however, that each day of violation shall constitute a separate offense. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. I Section 5. This ordinance shall take effect from and after its passage by the City Council and publication. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING ON THIS( DAY OF A.D., 1997. ,, -�C Homer Nagel, Mayor CITY OF NEDERLAND ATTEST: APPROVED AS TO FORM AND LEGALITY: C1.vI�UH' LaDonna Floyd, CitSecretary Richard D. Hughes, Cito Attorney 1 ' AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 (APPENDIX A OF THE CITY OF NEDERLAND CODE OF ORDINANCES, SECTION 5C (a)) WHICH REGULATES AND PROVIDES FOR ZONING IN THE CITY OF NEDERLAND; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE PP ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I That Appendix A, Section 5C (a) of the City of Nederland Code of Ordinances be amended to read as follows Section 5C. Screenine walls or fences. (a) In all non - residential districts, when a lot abuts a residential district, there shall be provided, at the time any building or stricture is erected or the commercial Land is developed or the property is utilized for any purpose (for more than 45 consecutive days), a six foot permanent screening wall or fence. Screening walls or fences shall be constructed of redwood, cedar, pressure treated pine, masonry or other permanent wall or fence material. SECTION 2 ' If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION 3 _ All ordinances or parts of ordinances in conflict with this Code are hereby repealed. SECTION 4 This amendment shall be effective from and after its passage and publication of the caption of this ordinance in accordance with the City of Nederland City Charter. PASSED AND APPROVED this tZ^Ld day of �IAM 9 1997. CITY OF NEDERLAND, TEXAS 421 aa C Homer E. Nagel, Mayor ATTE ST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: - Richard D. Hughes, City Attorneeo REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 6:00 p.m. June 23, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the minutes of the June 2, 1997 meeting as written. All Voted Aye. DONATION Members of the Pilot Club of Mid - Jefferson County were present to donate a check in the amount of $2,089.63 to be used to purchase playground equipment for Doornbos Park designed for the handicapped. Jim Weaver, Director of Parks and Recreation, thanked the Pilot Club for their generous ' donation. He added that the playground equipment is in the process of being assembled and should be ready for use soon. Mayor Nagel also expressed thanks on behalf of the Council, staff, and citizens. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the donation of $2,089.63 to be used for playground equipment from the Pilot Club of Mid - Jefferson County. All Voted Aye. PRESENTATION Charles Gallier on behalf of the Nederland/Port Neches Evening Optimist Club, presented a plaque to Gary Porter, Nederland Police Department, thanking him and the City's drug dog, Allie, for their outstanding efforts in the war to keep drugs off the streets. Mr. Porter thanked the Optimist Club for their support of Allie over the years. He reminded the Council that the Optimist Club was instrumental in the City obtaining the drug dog over eight years ago. A motion was made by Mayor Nagel and seconded by Councilman Nugent to recognize the Nederland/Port Neches Evening Optimist Club for their presentation honoring the Nederland Police Department and Allie, the City's drug dog. All Voted Aye. , Minutes continued, June 23, 1997 ' FIRE A motion was made by Councilman Nugent and seconded by Mayor Nagel to PROTECTION approve Resolution 1997 -07 authorizing the execution the two (2) designated fire protection service agreements with Jefferson County provided that the contracts would not be made effective until approved and signed by Jefferson County, and to extend the existing fire protection agreement with Jefferson County until July 14, 1997, at which time it will terminate, unless further extended. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve an Amendment to Ordinance No. 107, traffic ordinance, authorizing 4 -way Stop signs to be erected at the intersections of Boston Avenue at 9th Street, and South 35th Street at Avenue B. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to postpone approving an Amendment to Ordinance No. 146, zoning ordinance. All Voted Aye. TRAFFIC SIGNAL Andre' Wimer, City Manager, reported that he was approached by Jefferson County Commissioner Mark Domingue relative to the City participating in the ' installation of a traffic signal to be located at Spurlock and 18th Street (outside the city limits). Commissioner Domingue asked if the City would be willing to contribute funding to provide for electrical service and a school crossing guard to manually operate the traffic signal during the school year. Mr. Wimer stated the cost of this request would be approximately $3,100 - $3,200 per year. The City Manager added that he had expressed a concern with the liability to Commissioner Domingue and he informed Mr. Wimer that he would discuss this issue with the County's legal staff Richard Hughes, City Attorney, expressed his concern with the legalities of the traffic signal and asked that he be given an opportunity to review the request. A motion was made by Councilman Daughtry and seconded by Councilman Nugent to postpone making any decisions regarding a request from Jefferson County involving a proposed traffic signal at the intersection of 18th Street and Spurlock Road until the City's legal staff can review the request. All Voted Aye. POLICIES/ A motion was made by Councilman Daughtry and seconded by Councilman PROCEDURES Sawyer to postpone approving a policy for the installation of culverts and bridge driveways. All Voted Aye. GRANT A motion was made by Councilman Sawyer and seconded by Councilman APPLICATION Daughtry to approve the submission of an application to the South East Texas Regional Planning Commission for a solid waste grant in conjunction with the City of Groves and the City of Port Neches. All Voted Aye. Minutes continued, June 23, 1997 PROPERTY TAX A motion was made by Councilman Sawyer and seconded by Councilman I Nugent to approve a waiver of penalties and interest on delinquent tax account number 059300- 000900 in the amount of $26.99. All Voted Aye. BIDS A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize advertisement of bids for sewer line work to be received at 11:30 a.m., July 22, 1997. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize advertisement of bids for concrete work, street repairs to be received at 11:00 a.m., July 22, 1997. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize advertisement of bids for street materials to be received at 10:30 a.m., July 22, 1997. All Voted Aye. COMMUNI- Jim Weaver, Director of Parks and Recreation, gave a brief report on the 1997 CATION Summer Recreation Program. Mr. Weaver reported that the program is being conducted at Highland Park Elementary, Helena Park Elementary, Langham Elementary, Central Middle School, and the Nederland Recreation Center and ' that there are 650 participants. He added that they are offering many activities, i.e. track meets, football, basketball, volleyball, tumbling, drill team, etc. EXECUTIVE The regular meeting was recessed at 7:10 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code Chapter 551.071, A. J. Waller vs. City of Nederland, and Robert Miller vs. City of Nederland; Chapter 551.072, discuss acquisition, exchange, and/or release of property; and, Chapter 551.074, discuss personnel appointments. RECONVENE The regular meeting was reconvened at 7:26 p.m. by Mayor Nagel. He announced that the first two items were for informational purposes only. APPOINTMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the following appointments: LaDonna Floyd, City Secretary; Cheryl Dowden, City Treasurer; Mike Lovelady, Fire Chief/Fire Marshal, Billy Neal, Police Chief, John Borne, City Judge; Richard Hughes, City Attorney; Billly Neal, Emergency Management Coordinator; and, Mike Lovelady, Assistant , Emergency Management Coordinator. All Voted Aye. Minutes continued, June 23, 1997 ' COMMUNI- Andre' Wimer, City Manager, reported that Schaumburg & Polk, Inc. is CATION anticipating letting bids in November for several projects. ADJOURN There being no further business the meeting was adjourned at 7:32 p.m. by Mayor Nagel. ATTEST: RL q4e LaDonna Floyd, City Sedretary City of Nederland, Texas r� 11 Homer E. Nagel, Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief j Mike Lovelady Fire Chief / Cheryl Dowden City Treasurer Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian ✓ 7 4-y , /o�—' I-- - r 0 NWayor / City Secretary Lv -�� 9� Date 1 1 1 CITY OF NEDERLAND RESOLUTION NO. 1997-L7 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING EXECUTION OF TWO SEPARATE FIRE PROTECTION SERVICES AGREEMENTS WITH JEFFERSON COUNTY, TEXAS WHEREAS, the City's contract with Jefferson County to provide fire fighting services for areas outside the City limits, dated October 11, 1977, as amended and extended by various subsequent agreements expires on June 30, 1997; and WHEREAS, the City staff has recommended that fire protection services be provided to certain areas and facilities outside the City's limit, but within Jefferson County, Texas; and WHEREAS, the City Council of the City of Nederland, Texas, finds it to be in the public interest to authorize the execution of the Fire Protection Services Agreements with Jefferson County; s' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS: That the Mayor and City Secretary are hereby authorized to execute and attest, respectively, on behalf of the City of Nederland, Texas, the Interlocal Cooperation Agreement (Fire Protection Services Outside City's Extra. Territorial Jurisdiction) and the Interlocal Cooperation Agreement (Fire Protection Services Within City's Extra Territorial Jurisdiction) with Jefferson County, Texas, the provisions of which shall be substantially as set forth in Exhibit "1" and Exhibit "2 ", attached hereto and incorporated herein by reference. PASSED AND APPROVED this the o95 day of _, 1997. Z<Z Nagel, ATTEST: Donna` Donnna Floy��retary APPROVED AS TO FORM AND LEGALITY: a,s> L,- - Richard D. Hughes,CiV Attorney AN AMENDMENT TO ORDINANCE NO. 107 ' AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING FOR STOP SIGNS AT THE INTER- SECTIONS OF 9TH STREET AND BOSTON AVENUE AND SOUTH 35TH STREET AND AVENUE B, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00). WHEREAS, the City Council of die City of Nederland is of the opinion that additional traffic control devices and "No Parking" zones are required in order to properly regulate traffic and maintain safety on the roads V and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the following language: ARTICLE VII. SECTION 54 - STOP SIGNS The intersection at 9th Street and Boston AVCnuc shall be designated as a "4 -Way Stop Intersection'. Stop signs shall be erected at all four comers. All vehicles must come to a complete stop before the intersection or any designated crosswalk. The intersection at South 35th Street and Avenue "B" shall be designated as a "4 -Way Stop Intersection'. Stop signs shall be erected at all four corners. All vehicles must come to a complete stop before the intersection or any designated crosswalk. ARTICLE XVI. ' SECTION 122 - PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction theroof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ARTICLE XVII. SECTION 133 - EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect from and after its passage and publication of the caption only as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas on this the 013 day of c /u n e 1997. om r E. Nagel, Mayor City of Nederland, Texas ATTEST: La onna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: LQ1=-,C Richard Hughes, City Altomey City of Nederland, Texas THE STATE OF TEXAS ' COUNTY OF JEFFERSON INTERLOCAL COOPERATION AGREEMENT (FIRE PROTECTION SERVICES WITHIN CITY'S EXTRA TERRITORIAL JURISDICTION) THIS AGREEMENT is made and entered into this a,3 day of \ L ti e , 1997, by and between JEFFERSON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and "THE CITY OF NEDERLAND ", a municipal corporation located in JEFFERSON COUNTY, Texas, hereinafter referred to as "CITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of COUNTY government and related services for the benefit of the citizens of JEFFERSON COUNTY; and WHEREAS, CITY is a municipal corporation, duly organized and operating tinder the laws of the State of Texas and is engaged in the provision of fire protection service and related services for the benefit of the citizens of JEFFERSON COUNTY; and WHEREAS, CITY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperative Act and Sections 352.001 and 352.004 Local Government Code and contract pursuant thereto; NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this Agreement shall be the lst day of July, 1997. The term of ' this Agreement shall be for an indefinite period and shall continue in full force and effect until sixty (60) days from the date of official notification in writing by the governing body of either the CITY or COUNTY of the termination. H. Services to be rendered hereunder by CITY are fire protection services by CITY Fire Department as hereinafter defined, to wit: A. Area Within City's Extra Territorial Jurisdiction. The CITY Fire Department shall provide availability and provision of emergency fire prevention, extinguishment, safety and rescue services for an indefinite period to all unincorporated areas within the extra territorial jurisdiction of the CITY which are not presently receiving fire protection from any , governmental entity, rural fire protection district, or volunteer fire department of Water District No. 10. This service area is designated in Exhibit "A ", which is attached hereto and incorporated herein by reference. The CITY Fire Department shall respond to requests for fire protection services made within the service area designated in Exhibit "A ". It is expressly understood that the CITY is not and shall not be obligated in any manner to respond or provide the fire protection services to any facility or location within CITY's extra territorial jurisdiction which are presently receiving fire protection from any governmental entity, rural fire protection district, or volunteer fire department of Water District No. 10. 1 2 B. It is recognized that the officers and employees of CITY's Fire Department have duties and responsibilities which include the rendition of fire protection services, and it shall be the responsibility and within the sole discretion of the officers and employees of said Fire Department to determine priorities in the dispatching and use of such equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination. It is agreed and understood by the parties that the furnishing of fire protection services by CITY as provided in this Agreement will be subordinate to requests for, and rendering of, fire protection within the CITY limits. III. The COUNTY shall designate the COUNTY Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and CITY. The COUNTY Judge or his ' designated substitute shall ensure the performance of all duties and obligations of COUNTY herein stated, devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement and provide supervision of COUNTY's employees, agents, contractors, sub - contractors and /or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and CITY. IV. CITY shall ensure the performance of all duties and obligations of CITY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this Agreement and shall Iprovide immediate and direct supervision of the CITY employees, agents, contractors, sub- contractors and /or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of CITY and COUNTY. I 0 For the services hereinabove stated, COUNTY agrees to compensate the CITY by providing equipment and personnel to be used in connection with the construction and reconstruction of the streets and roads inside the CITY that are an integral part of the road system of the COUNTY. In the event that this Agreement is terminated by either party or expires by its provisions, COUNTY shall compensate CITY pro -rata for all services performed to termination or expiration date. VI. COUNTY agrees to and accepts full responsibility for the acts, negligence and /or omissions of all COUNTY's officers, employees and agents while within its COUNTY ' limits. COUNTY agrees to indemnify and hold harmless the CITY and its employees and volunteers, from any claims, causes of action, lawsuits or fees, from any person, firm or entity arising out of the performance or attempted performance of this Agreement, except worker's compensation claims. VII. COUNTY and CITY understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Sections 352.001 and 352.004. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible COUNTY and u 4 CITY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. VIII. In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated. Unless the default is cured as aforesaid, this Agreement shall terminate as if that were the day originally fixed herein for the expiration of the Agreement. IX. The fact that COUNTY and CITY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither CITY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. X. This Agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and /or agreements, either written or oral, pertaining to the subject matter covered by this Agreement. This Agreement does not supersede any other mutual aid agreements or arrangements between the parties concerning fire protection services in other areas or covering other subjects. This Agreement , may be amended only by written instrument signed by both CITY and COUNTY. XI. This Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. MI. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIII. The undersigned officer and /or agents of the parties hereto are the property authorized ' officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending to said authority have been duly passed and are now in full force and effect. XIV. Acceptance of this contract constitutes approval of the service area set out in Exhibit "A" attached hereto. 1 EXECUTED in duplicate originals on the dates written below. C77 RSON,TEXAS CITY OF NEDERLAND, TEXAS CARL GRIFFITH, County Judge HOMER E. NAGEL, Mayor Date: Date: .J�t,ne a3 , / 9 9 � ATTEST: SANDY WILSON, County Clerk APPROVED AS TO FORM AND LEGALITY: TOM RUGG, County Attorney 1 ATTEST: �'Qllm�rtid.. ` X�clr� LADONNA FLO D, bty Secretary APPROVED AS TO FORM AND LEGALITY: RICHARD D. HUGH , City Attorney THE STATE OF TEXAS § COUNTY OF JEFFERSON § INTERLOCAL COOPERATION AGREEMENT (FIRE PROTECTION SERVICES OUTSIDE CITY'S EXTRA TERRITORIAL JURISDICTION) THIS AGREEMENT is made and entered into this dJ day of \ lune 1997, by and between JEFFERSON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and "THE CITY OF NEDERLAND ", a municipal corporation located in JEFFERSON COUNTY, Texas, hereinafter referred to as "CITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of COUNTY government and related services for the benefit of the citizens of JEFFERSON COUNTY; and WHEREAS, CITY is a municipal corporation, duly organized and operating under , the laws of the State of Texas and is engaged in the provision of fire protection service and related services for the benefit of the citizens of JEFFERSON COUNTY; and WHEREAS, CITY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperative Act and Sections 352.001 and 352.004 Local Government Code and ca.itract pursuant thereto; NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter ' stated, agree as follows: I. The effective date of this Agreement shall be the 1st day of July, 1997. The term of this Agreement shall be for a one (1) year period of July 1, 1997 to and through June 30, 1998. II. Services to be rendered hereunder by CITY are fire protection services by CITY Fire Department as hereinafter defined, to wit: A. Area Outside CITY's Extra Territorial Jurisdiction. The CITY's Fire Department shall provide availability and provision of emergency fire prevention, extinguishment, safety and rescue services for a period of one (1) year (July 1, 1997 to and through June 30, 1998) to an area outside of the CITY's extra territorial jurisdiction as set ' out in Exhibit "A ", which is attached hereto and incorporated herein by reference; provided, however, the CITY shall not be obligated in any manner to respond or provide such services 1 to any federal, state or County jail, or juvenile facilities, or to the Cardinal Meadows Addition, even though such facilities and locations which are within the boundaries of the territory set out in Exhibit "A ". The CITY Fire Department shall respond to request for fire protection services made within COUNTY as set out in Exhibit "A" and specifically excluding any federal, state, or County jail, or juvenile facilities, and the Cardinal Meadows Addition. B. It is recognized that the officers and employees of CITY's Fire Department have duties and responsibilities which include the rendition of fire protection services, and it shall be the responsibility and within the sole discretion of the officers and employees of said Fire 2 Department to determine priorities in the dispatching and use of such equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be , the final determination. It is agreed and understood by the parties that the furnishing of fire protection services by CITY as provided in this Agreement will be subordinate to requests for, and rendering of, fire protection within the CITY limits. III. The COUNTY shall designate the COUNTY Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and CITY. The COUNTY Judge or his designated substitute shall ensure the performance of all duties and obligations of COUNTY herein stated, devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement and provide supervision of COUNTY's employees, agents, contractors, sub - contractors and /or laborers, ' if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and CITY. IV. CITY shall ensure the performance of all duties and obligations of CITY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this Agreement and shall provide immediate and direct supervision of the CITY employees, agents, contractors, sub- contractors and /or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of CITY and COUNTY. 1 V. For the services hereinabove stated, COUNTY agrees to compensate the CITY in the amount of $12,000.00, which shall consist of fire fighting equipment shown on Exhibit "B" having the value of $6,000.00, and in -kind services as reflected on Exhibit "C" having a value of $6,000.00. The COUNTY agrees to provide to CITY the equipment listed in Exhibit "B" on or before January 1, 1998. This equipment will become the property of the CITY upon delivery by the COUNTY and at such time the CITY will bear the risk of loss or destruction and make necessary repairs. The COUNTY shall complete all in -kind work set out in Exhibit "C" as specified and within the time period designated. In the event that this Agreement is terminated by either party or expires by its provisions, COUNTY shall compensate CITY pro -rata for all services performed to termination or expiration date. ' VI. COUNTY agrees to and accepts full responsibility for the acts, negligence and /or 1 omissions of all COUNTY's officers, employees and agents while within its COUNTY limits. COUNTY agrees to indemnify and hold harmless the CITY and its employees and volunteers, from any claims, causes of action, lawsuits or fees, from any person, firm or entity arising out of the performance or attempted performance of this Agreement, except worker's compensation claims. VII. COUNTY and CITY understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Sections 352.001 and 352.004. This Agreement is made in contemplation of the 4 applicability of these laws to the Agreement. Insofar as legally possible COUNTY and CITY agree to be bound by the above mentioned statutes as they exist as of the date of this , Agreement. VIII. In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated. Unless the default is cured as aforesaid, this Agreement shall terminate as if that were the day originally fixed herein for the expiration of the Agreement. IX. The fact that COUNTY and CITY accept certain responsibilities relating to the , rendition of fire protection services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither CITY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. X. This Agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and /or agreements, either 5 written or oral, pertaining to the subject matter covered by this Agreement. This Agreement does not supersede any other mutual aid agreements or arrangements between the parties concerning fire protection services in other areas or covering other subjects. This Agreement may be amended only by written instrument signed by both CITY and COUNTY. XI. This Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIII. The undersigned officer and /or agents of the parties hereto are the property authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending to said authority have been duly passed and are now in full force and effect. XIv. Acceptance of this contract constitutes approval of the service area set out in Exhibit "A" attached hereto. 1 EXECUTED in duplicate originals on the dates written below.. COUNTY OF JEFFERSON, TEXAS CITY OF NEDERLAND, TEXAS I H, County Judge OMER E. NAGEL, Mayor Date: Date:_ .. f u.n e o23., / 9 4 � ATTEST: SANDY WILSON, County Clerk APPROVED AS TO FORM AND LEGALITY: TOM RUGG, County Attorney ATTEST: LADONNA FLOYD, City Secretary APPROVED AS TO FORM AND LEGALITY: 9A - RICHARD D. HUGHES, tity Attorney 1 1 1 EXHIBIT `B" ' All equipment listed below shall be provided to the City of Nederland not later than January 1, 1998. All equipment shall be acquired in accordance with the specifications provided by the City and at the direction of the Fire Chief. nuantity Item Cost 3 2.5" x 1.5" reducers 45.00 2 2.5" DIM adapters 48.00 3 2.5" DM adapters 42.00 1 MSA 45 minutes breathing air bottle 595.00 3 sheet rock pole with YD-handle 186.00 3 pike pole with YD-handle 135.00 5 4 x 4 cribbing with rope handle 73.50 4 1" thick - 9" square lock block cribbing 48.00 5 2" thick - 9" square lock block cribbing 120.00 5 3" thick - 9" square lock block cribbing 175.00 2 stop block cribbing 158.00 4 6" wedge cribbing 148.00 1 8 lamp signal master and controller 241.75 1 40" push -pull ram (for extrication) 1,564.00 I chain package for ram 650.00 1 10" ram accessory kit 650.00 1 "Fire File" Career & Volunteer Software station management package - purchased through State Fireman's and Fire Marshal's Association - Network version 995.00 1 Computer upgrade - two network cards, cable, and labor 175.00 TOTAL EQUIPMENT COST 5,989.25 EXHIBIT "C" All in -kind services listed below shall be completed not later than the time specified for each identified ' item. All materials, equipment, and labor for these projects shall be provided by Jefferson County unless otherwise indicated. A. Furnishing and installing 400 feet of 18" culvert at Rienstra Park. The particular location of this work will be provided by the City and oversight of this project will be through the Director of Parks and Recreation. The scope of service shall include all dirt/backfilling work to be provided by the County in addition to furnishing any needed material. This project shall be completed not later than October 1, 1997. B. Furnishing and installing 180 feet of 24" culvert at Doornbos Park. The particular location of this work will be provided by the City and oversight of this project will be through the Director of Parks and Recreation. The scope of service shall include all dirt/backfilling work to be provided by the County in addition to furnishing any needed material. This project shall be completed not later than November 1, 1997. C. Furnishing assistance (equipment, materials, and labor) for the construction of a bulkhead (paving stone) around the pond at Doornbos Park, The project will include all excavation and grading work necessary to pour the concrete footing, setting the forms for the concrete footing, assistance with pouring the concrete, setting the paving stones, and providing fill dirt (light, 60/40 sandy mixture). The City will ' provide the lumber necessary for the forms, purchase the cement, and purchase the paving stones. The City through the Director of Parks and Recreation, shall provide oversight of this project. This project shall be initiated not earlier than October 1, 1997, and be completed not later than December 31, 1997. 1 ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. July 14, 1997 MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Daughtry to approve the minutes of the June 23, 1997 meeting as written. All Voted Aye. FIRE Andre Wimer, City Manager, reported that Jefferson County had approved the PROTECTION agreements with the City for fire protection services contingent upon the modifications outlined in the memorandum received from the County (see ' attached) which was presented to the Council. A motion was made by Councilman Nugent and seconded by Mayor Nagel to approve the modifications to the contract with the County for fire protection services outside the City's extraterritorial jurisdiction. All Voted Aye. POLICIES/ A motion was made by Mayor Nagel and seconded by Councilman Nugent PROCEDURES to approve the policy for ditch maintenance and culvert replacement to become effective 10 -1 -97. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman Radcliff AGREEMENTS to approve the contract with Neches Engineers in an amount not to exceed $8,925.00 for engineering services associated with roof repairs to the Police Station. All Voted Aye. PIPELINE A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a request from Centanna Intrastate Pipeline Company to construct a 24 -inch pipeline within the Corporate Limits of the City of Nederland. All Vote Aye. Minutes continued, July 14, 1997 INVESTMENT Cheryl Dowden, City Treasurer, reviewed the Quarterly Investment Reports REPORTS presented to Council. , GARBAGE A motion was made by Councilman Nugent and seconded by Councilman CONTAINERS Radcliff to authorize the purchase of 200 garbage containers at a cost of $8,910.00 from Houston - Galveston Area Council for the fully automated waste collection system. All Voted Aye. PAYMENTS A motion was made by Councilman Radcliff and seconded by Mayor Nagel to authorize payments to Schaumburg & Polk in the amounts of $4,188.02, wastewater collection system improvements; $7,116.77, Nederland Avenue rehabilitation; $2,695.16, wastewater treatment plant improvements; and $84,164.64, Sanitary Sewer Evaluation Survey. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to KSA Engineers, Inc. in the amount of $697.61, water treatment plant, operational phase. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Nugent to authorize payment to Costello, Inc. in the amount of $803.93, drainage study. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Tischler & Kocurek in the amount of $585.00, wastewater system improvements. All Voted Aye. A motion was made by Councilman Radcliff and seconded by Mayor Nagel to authorize payment of the bills for the month of June. All Voted Aye. RESOLUTION A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve Resolution No. 1997 -08, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 1997 and ending September 30, 1998, and calling for a Public Hearing to be held at 6:00 p.m. July 28, 1997 for the purpose of discussing the proposed budget as per Article VII of the City Charter. All Voted Aye. CAPITAL Andre Wimer, City Manager, presented the Five Year Capital Improvement IMPROVEMENT Program to the Council and gave a brief overview of the plan. PROGRAM EXECUTIVE The regular meeting was recessed at 4:10 .m. b Nagel for the , P Y Mayor g SESSION purpose of conducting an Executive Session as authorized by Texas Government Code Chapter 551.071, A. J. Waller vs. City of Nederland, and Minutes continued, July 14, 1997 Robert Miller vs. City of Nederland; and Chapter 551.072, discuss acquisition, ' exchange, and/or release of property. RECONVENE The regular meeting was reconvened at 4:25 p.m. by Mayor Nagel. Richard Hughes, City Attorney, stated that the City had received a favorable decision in the A. J. Waller, Sr. case and all aspects of the City's involvement in this litigation should be foreclosed. COMMUNI- Andre' Wimer, City Manager, reported that the City has been experiencing CATION difficulty with tree trimmers, especially since the ice storm, trimming trees for homeowners and leaving large piles of limbs for the City crews to pick up. Following discussion, Mr. Wimer stated that this item would be placed on a future agenda for further discussion and possible action. ADJOURN There being no further business the meeting was adjourned at 4:40 p.m. by Mayor Nagel. [l ATTEST: Lois Coco, Acting City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor i Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 V/ Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager ✓ LaDonna Floyd City Secretary ✓ Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer V Kelly Galloway Assistant to the City Manager V Steve Hamilton Director of Public Works V/ Rod Hatch Building Official ✓ Jim Weaver Parks and Recreation Director Victoria Klehn Librarian City Secretary (Q 7 -i V7 9 Date 1 J Letter of Modification Interlocal Cooperation Agreement (Fire Protection Services Outside the City's Extraterritorial Jurisdiction) The City of Nederland and Jefferson County mutually agree to the following modifications: Section V The County shall submit payment to the City in the amount of $6,000 for the purchase of fire fighting equipment on or before January 1, 1998. Exhibit C A. This project shall be completed not later than December 1, 1997. B. This project shall be completed not later than December 1, 1997. C. This project shall be initiated not earlier than December 1, 1997, and be completed not later than February 28, 1998. Carl Griffith, County Judge Jefferson County Homer E. Nagel, Mayor City of Nederland Letter of Modification Interlocal Cooperation Agreement (Fire Protection Services Outside the City's Extraterritorial Jurisdiction) The City of Nederland and Jefferson County mutually agree to the following modifications: Add the following language to Section V: The total amount of compensation under this agreement, including money and in -kind services, shall not exceed $12,000. Car . Gri fith, Jr. /6Ho E. Nagel County Judge Mayor 1 ' RESOLUTION 1997 -08 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, 1997 AND ENDING SEPTEMBER 30, 1998, WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate ofexpenditures and revenues of all City department activities and offices for the fiscal year beginning October 1, 1997 and ending September 30, 1998; 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 28, 1997, 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 14th day of July, A.D, 1997. ATTEST: Lois Coco, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorr ee City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 4 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND, TEXAS 6:00 p.m. July 28, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the minutes of the July 14, 1997 meeting as written. All Voted Aye. CITIZEN A motion was made by Mayor Nagel and seconded by Councilman REQUEST Sawyer to postpone taking action on a request from Tommy Spoonmore, 719 - 24`h Street, until the next meeting. All Voted Aye. APPOINTMENT A motion was made by Councilman Radcliff and seconded by Councilman Nugent to appoint Candace Blanton to replace Jess Fuller to the Nederland Economic Development Corporation Board of Directors for a two (2) year term. All Voted Aye. CONTRACT A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve an amendment to the agreement with Don S. Reichle & Associates to include interior cleaning work on the Canal Avenue and South 5`h Street elevated water storage tanks in the amount of $8,395.00. All Voted Aye. ORDINANCE The following city employees addressed the Council relative to the proposed change in Ordinance No. 147, personnel policy, regarding sick leave for immediate family members: Paul Price, Byron Richard, and Sandra Daughtry. They stated that they would like to have an opportunity to offer suggestions to the problem of abuse of this benefit by some employees. Mayor Nagel expressed that he would like for the change to be explained to all departments prior to the change being made. Minutes continued, July 28, 1997 ' A motion was made by Mayor Nagel and seconded by Councilman Daughtry to postpone approving an Amendment to Ordinance No. 147, personnel policy, relative to sick leave. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing called to order at 6:35 p.m. by Mayor Nagel for the purpose of receiving questions and /or comments on the proposed City of Nederland Fiscal Year 1997 -1998 budget. Andre' Wimer, City Manager, gave an overview of the proposed budget. He stated that the budget, as presented, attempts to maintain the current level of operational services without drawing upon reserve balances. The combined funds for 1997 -1998 total $16,030,773 with the proposed tax rate to remain $70 per $100 assessed valuation. Mr. Wimer briefly reviewed the significant changes in this budget which include funds for the demolition and removal of substandard /dilapidated structures; increase the "driveway program" from $3,000 to $5,000; funds to be transferred to the Nederland Volunteer Fire Department, Inc. on a monthly basis; creation of a new department, SSES, for the expenditure of funds ' associated with the cost of the Sanitary Sewer System Evaluation Survey; funds in the Library Special Fund for construction of the new library; and, increase from $.59 to $.62 per capita for the MCML Central Dispatch for Nederland, Port Neches, and Groves. Mr. Wimer concluded by reporting that in regard to personnel issues there is a three percent (3 %) cost of living increase for all employees and the creation of a Recreation Assistant position. Mayor Nagel asked for questions or comments from the audience and explained that copies of the proposed budget are available for inspection at City Hall and at the Library. He further stated that the budget would be approved at the meeting of August 11, 1997. There being no questions and /or comments, the Public Hearing was adjourned at 6:50 p.m. by Mayor Nagel and the regular meeting was called back to order. BIDS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for sewer line work to Larry's Construction, Winnie, TX, in the amount of $155,812.00. All Voted ' Aye. Minutes continued, July 28, 1997 A motion was made by Councilman Sawyer and seconded by , Councilman Nugent to award bids received for concrete work, street repairs to Salenga Construction, Nederland, TX, in the amount of $40,184.10. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to award bids received for street materials as follows: limestone base to Transit Mix, Beaumont, TX in the amount of $13.00 /ton; 610 limestone base to APAC- Texas, Inc., Beaumont, TX in the amount of $15.25 /ton; AES 300 emulsion to Koch Materials, Port Neches, TX in the amount of $.70 /gallon; RS -2 emulsion to Koch Materials, Port Neches, TX in the amount of $.66 /gallon; precoated aggregate to Vulcan Materials, San Antonio, TX in the amount of $29.62/ton; and, lime slurry to Chemical Lime, Pearland, TX in the amount of $87.75/dry ton. All Voted Aye. PAYMENTS A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment to Schaumburg & Polk, Inc. in the following amounts: $2,613.23, NPDES permit application; $13,352.70, Nederland Avenue rehabilitation; $4,797.68, wastewater system improvements; $113,661.40, Sanitary Sewer Evaluation Survey; and, $1,231.00, sewer line improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to KSA Engineers, Inc. in the amount of $166.82, Water Treatment Plant construction. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Costello, Inc. in the amount of $539.14, drainage study. All Voted Aye. CAPITAL Andre' Wimer, City Manager, reviewed the Five Year Capital IMPROVEMENT Improvement Program for 1998 -2002 which identifies capital PROGRAM expenditures /projects totaling $15,538,780. The expenditures are categorized as Water Treatment and Storage, Water Distribution System, Wastewater Treatment, Wastewater Collection System, Street Improvements, and Facility Improvements. The CIP is intended to act as a guide for future capital expenditures and provide a framework for identifying capital requirements, scheduling projects, coordinating selected projects, and identifying fiscal impacts. Mr. , Wimer further stated that the CIP will be evaluation on a yearly basis as an integral portion of the budget process in order to continually monitor the needs of the community. After reviewing each category Mr. Wimer stated that the CIP will be placed on the next agenda for adoption. Minutes continued, July 28, 1997 POLICIES/ Andre' Wimer, City Manager, informed the Council of the recent PROCEDURES problems with the City's trash collection policy. He stated that due to the on -going situation involving collection of green waste, it may be necessary to review this policy. The green waste that is being generated since the ice storm in January is having a great impact on the budget and up until this year this department has been self supporting. Mr. Wimer added that it cost the City over $100 each time a load is deposited at the landfill site. He offered three viable options: a. institute a general /across the board rate increase; b. institute a system whereby citizens would pay an extra amount for trash in excess of the four (4) cubic yards we now collect, or, c. institute a demand system whereby citizens who actually use the trash service would pay on a usage basis. Mr. Wimer further stated that tree trimming contractors are creating many of our problems due to their placing entire trees on the road for the City to remove rather than them disposing of the debris as our policy now states. Mayor Nagel suggested that a citizens committee be appointed to discuss the situation and make a recommendation on how to solve or at least ease the burden of the City. ' Robbie Smith, Street Superintendent, informed the Council that it appears that contractors are the main cause of the trash collection problems. He suggested that the City require the contractors to obtain a permit prior to any tree trimming. After a brief discussion Mayor Nagel instructed the City Manager to have the City Attorney to look into the legalities of instituting a policy whereby contractors will be required to be permitted by the City. EXECUTIVE The regular meeting was recessed at 7:45 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Robert Miller vs. City of Nederland; and Chapter 551.072, discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting was reconvened at 8:26 p.m by Mayor Nagel. he announced that the Executive Session was held for informational purposes only. 1 Minutes continued, July 28, 1997 COMMUNI- Andre' Wimer, City Manager, reported that he received a letter from I CATION Drainage District No. 7 regarding the submission of potential projects. This item will be placed on the next agenda. ADJOURN There being no further business the meeting was adjourned at 8:35 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: (A'_% LaDonna Floyd, City Secretary City of Nederland, Texas 1 1 J CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief i Cheryl Dowden City Treasurer Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian ✓" Mayor City Secretary �-c2 & -RI Date Change Order No. 1 PROJECT: DATE OF ISSUANCE: Canal Ave. and 5th Street Water Tanks July 22, 1997 CLIENT: City of Nederland, TX ENGINEERING CONTRACT FOR: Phase I Tank Inspection The scope of engineering services shall be changed as follows: • Include Interior cleaning on both tanks Attachment: (List documents supporting change) 1 . DSR letter of July 22, 1997 ---------------------------------- CHANGE IN CONTRACT PRICE Original Contract Price $ 16.500.00 CHANGE IN CONTRACT TIME Original Contract Time Thirty (30) working days Previous Change Orders $ 0.00 Net change from previous Change Orders Zero (0) working days Contract Price prior to this Change Order $ 16.500.00 Contract Time prior to this Change Order Thirty (30) working days Net Increase (decrease) of this Change Order $ 8.395.00 Net Increase (decrease) of this Change Order Zero (0) working days Contract Price with all approved Change Orders $ 24.895.00 Contract Time with all approved Change Orders Thirty (30) working days APPROVED: APPROVED: City of erlan Don S.�Reichhlle & Associates REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 3:00 p.m. August 11, 1997 MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the July 28, 1997 meeting as written. All Voted Aye. PROCLAMATION Mayor Nagel presented a proclamation for "School Bus Safety Week" to members of the Public Health and Safety Council, comprised of local law enforcement agencies. Following the presentation, a motion was made by Mayor Nagel and seconded by Councilman Nugent to proclaim August 11 -15, 1997 as "School Bus Safety Week ". All Voted Aye. PRESENTATION Carolyn Motl, Entergy Team City Manager, Henry Gernhauser, Customer Service Manager, and Don Pumphrey, Customer Service Manager, presented Mayor Nagel with a framed "teamwork" print to commemorate the partnership between Nederland and Entergy in economic development efforts. Nederland Chamber Executive Director Cindy Clifton was presented a scholarship to the Community Development Institute; and Richard Cox, Team City Chairman, was presented a grant to purchase computer equipment for the Nederland Chamber of Commerce office. RECESS The regular meeting was recessed at 3:15 p.m. by Mayor Nagel. IRECONVENE The regular meeting was reconvened at 3:30 p.m. by Mayor Nagel Minutes continued, August 11, 1997 CITIZEN Tommy Spoonmore, 719 24`h Street, presented his request to Council REQUEST to construct a skate park within the City of Nederland. Mayor Nagel commented that Mr. Spoonmore had previously submitted this request in writing to him and the request had been denied due to the liability associated with such a structure; however, Mr. Spoonmore asked to approach the Council regarding this matter. Following the presentation, Mayor Nagel reiterated the liability concerns of the City, and Richard Hughes, City Attorney, concurred with those concerns. Mr. Hughes, however, agreed to further research the liability aspects of this request. Jim Weaver, Parks and Recreation Directory added that he had previously investigated the costs to construct such a facility and found the cost to be around $50,000. Following discussion, a motion was made by Mayor Nagel and seconded by Councilman Sawyer to deny the request to build a skate park at this time. All Voted Aye. BUDGET A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Ordinance No. 1997 -07, an appropriation ordinance adopting the budget for fiscal 1997 -98 in accordance with Article VII of the City Charter. All Voted Aye. " TAX RATE A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1997 -08, adopting a tax rate of $.70 per $100 valuation for the fiscal year beginning October 1, 1997 and ending September 30, 1998. All Voted Aye. TAX ROLL A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve the 1997 appraisal roll as certified by the Jefferson County Appraisal District. All Voted Aye. CAPITAL A motion was made by Councilman Sawyer and seconded by Mayor IMPROVEMENT Nagel to approve the Five Year Capital Improvement Program. All PROGRAM Voted Aye. PERSONNEL A motion was made by Mayor Nagel and seconded by Councilman POLICY Nugent to approve an amendment to Ordinance No. 147, amending the personnel policy dealing with sick leave. All Voted Aye. Minutes continued, August 11, 1997 ' PUBLIC A motion was made by Councilman Sawyer and seconded by HEARING Councilman Daughtry to authorize a joint Public Hearing with the Planning and Zoning Commission to be held September 8, 1997 at 6:00 p.m. in the Nederland City Council Chambers for the purpose of receiving comments regarding a re- zoning request for the 2900 -3500 blocks of Nederland Avenue. All Voted Aye. RESOLUTIONS A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve Resolution No. 1997 -09, a Mediated Settlement Agreement between the City of Nederland and Mr. Oscar Lott. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution No. 1997 -10, authorizing participation in the Urban Street Program and approving an agreement with the Texas Department of Transportation for the rehabilitation of Nederland Avenue from Twin City Highway to Highway 69. All Vote Aye. ' DRAINAGE A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve submitting a request to Jefferson County Drainage District No. 7 for a study of Main C to be performed during fiscal 1997- 98 and 1998 -99. All Voted Aye. INTERLOCAL A motion was made by Mayor Nagel and seconded by Councilman AGREEMENT Nugent to approve an interlocal cooperation agreement with the Texas Department of Criminal Justice which allows for the exchange of a 1985 Ford Van in return for the more frequent availability of community service inmates. All Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Ordinance No. 1997 -09, regulating the installation of telecommunications towers and antennas within the City of Nederland. All Voted Aye. AUDITOR A motion was made by Mayor Nagel and seconded by Councilman Nugent to appoint Holliday, Lemons, Thomas & Cox to perform the City's audit for fiscal 1996 -97. All Voted Aye. Minutes continued, August 11, 1997 PAYMENTS A motion was made by Councilman Radcliff and seconded by I' Councilman Sawyer to authorize payment of the bills for the month of July. All Vote Aye. HEALTH Andre Wimer, City Manager, informed the Council that the dental INSURANCE insurance and long -term disability insurance premiums would remain the same for the 1997 -98 fiscal year; however, the health insurance rates would increase 8% for employees (from $149.96 to $162.94) and 15% for family coverage (from $329.42 to $378.82). Mr. Wimer added that $433,369.62 had been budgeted for insurance, and the increase would be $11,901.60 above that budgeted amount. He further stated that the City's health and dental insurance is contracted with Texas Municipal League Health Benefits Risk Pool and asked the Council if they wished to solicit bids for health insurance coverage. Following discussion, a motion was made by Mayor Nagel and seconded by Councilman Nugent to continue health insurance coverage with Texas Municipal League Group Benefits Risk and absorb the increase for employee and family health coverage. All Voted Aye. NEGOTIATOR A motion was made by Mayor Nagel and seconded by Councilman Sawyer to hire Davis Brinson to provide labor relations services for collective bargaining with the Nederland Police Officers' Association. All Voted Aye. EXECUTIVE The regular meeting was recessed at 4:50 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Robert Miller vs. City of Nederland; and Chapter 551.072, discuss acquisition, exchange, and /or release of property, and a request from Ms. Christine Murphy, 3415 Avenue M. RECONVENE The regular meeting was reconvened at 5:10 p.m by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. He also stated that the City Attorney had advised that the request from Ms. Christine Murphy could not be discussed in Executive Session. Mr, Wimer explained that Ms. Murphy had encroached into the City I' Minutes continued, August 1.1, 1997 right -of -way with an addition to her residence. Discussion followed regarding the alternatives available to allow the homeowner use of this property. Richard Hughes, City Attorney, agreed to research the matter. COMMUNI- Mr. Wimer mentioned that a meeting is scheduled later this week with CATION TxDot regarding the proposed overpass at Highway 365 and Twin City Highway and the City water and sewer lines in that vicinity. Mr. Wimer announced that a joint Public Hearing has been scheduled with Jefferson County for Monday, August 25, at 1:30 p.m. in Beaumont to discuss an Enterprise Zone, and stated that the meeting would convene in the Nederland City Council Chambers at 1:00 p.m. and recess to attend the Public Hearing. Mr. Wimer reported that Don Reichle & Associates had drained the Canal Avenue water tower and preliminary indications are that the tower is structurally sound. ' Mr. Wimer stated that the State had received the contract documents from Washington for the new library and are currently reviewing the documents. ADJOURN There being no further business the meeting was adjourned at 5:35 p.m. by Mayor Nagel r Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: )L Lois Coco, Acting City Secretary City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor V Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 V Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney ✓ Billy Neal Police Chief Mike Lovelady Fire Chief ✓ Cheryl Dowden City Treasurer Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official ✓ Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Mayor City Secretary (0-e") Y // -`3% Date 1 ( Wrereas, law enforcement agencies in 3efferson County have created an informal group among themselves to promote traffic safety issues through public education and enforcement programs for fire purpose of reducing motor vchicle/pedestrian crashes; and Wereas, crashes, ityuries and frtalities at school bus and school zone crossings continue to occur; and ' COhereas, these lam enforcement agencies are implementing a school bus safety progrant to improve the health and well —being of the children of this eontmtmitg by reducing the number of school bus and pedestrian crashes. 1 - NO(-W, 'T21ff--RC30 -C, roe do hereby proclaim - Rugust 11- 15,1997 as "School Tus Safety %ck" and urge all citizens to recognize the importance of protecting our children by adhering to traffic safety rules dealing with school buses and school zones. Jn (Vitness tbWiereof, D have set mg hand and caused fire Seal of the City of Zlederland to be affixed this 11' day of LAugust,1.997. 2 omer 6 -Nagel, L,31agor LAttest: XaTonna jlogd, Cites cretarg CITY OF NEDERLAND 'PROGRAMMED PROGRESS' Mid-Jefferson County, Texas orge? of fIlle a�llvr ( Wrereas, law enforcement agencies in 3efferson County have created an informal group among themselves to promote traffic safety issues through public education and enforcement programs for fire purpose of reducing motor vchicle/pedestrian crashes; and Wereas, crashes, ityuries and frtalities at school bus and school zone crossings continue to occur; and ' COhereas, these lam enforcement agencies are implementing a school bus safety progrant to improve the health and well —being of the children of this eontmtmitg by reducing the number of school bus and pedestrian crashes. 1 - NO(-W, 'T21ff--RC30 -C, roe do hereby proclaim - Rugust 11- 15,1997 as "School Tus Safety %ck" and urge all citizens to recognize the importance of protecting our children by adhering to traffic safety rules dealing with school buses and school zones. Jn (Vitness tbWiereof, D have set mg hand and caused fire Seal of the City of Zlederland to be affixed this 11' day of LAugust,1.997. 2 omer 6 -Nagel, L,31agor LAttest: XaTonna jlogd, Cites cretarg ORDINANCE NO. 1997-07 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998, 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, the City Manager prepared and presented to the City Council a city budget itemizing estimated revenues and appropriations for the ensuing fiscal yearbeginning October 1, 1997 and ending September 30, 1998, and WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On July 28, 1997, a date not less than 3 days nor more than 14 days after notice of the hearing was duly published, said Public Hearing was held by the City Council on the proposed budget. 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 Five million, two hundred seventy -eight thousand, one hundred ninety-three dollars and no cents ($5,278,193.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 17,500 b. Legal 40,000 c. City Manager 254,873 d. Finance 201,015 e. Personnel 139,006 f.. City Hall 44,200 g. Police 1,587,657 It. Fire $84,358. i. Fire Volunteers 17,600 j. Inspections 116,241 k. Public Works Administration 144,876 1. Street Department 689,453 m. City Shop 142,787 n. Parks & Recreation 373,807 o. Library- 243,242 p. Other Requirements 381,578 Section 2 - DEBT SERVICE 17 That there be and is hereby appropriated the sum of One million, five hundred eleven thousand, eight hundred forty -one dollars and no cents ($1,511,841.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3 - WATER' & SEWER Fr JND. That there be and is hereby appropriated the sum of Three million, six hundred sixty thousid, nine hundred sixty -eight dollars and no cents ($3,660,968.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and.uses:.- 0 a. Water Treatment $ 767,884 b. BillingtCollections 262,758 ' c. Wastewater Treatment 584,076 d. Water & Sewer Distribution 646,836 e. Sanitary Sewer Evaluation 600,000 L Other Requirements 799,414 Section 4 - SOI ID WASTE FUND. That there be and is hereby appropriated the sum of Nine hundred sixty -three thousand dollars and no cents ($963,000.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 5 - EQUIPMENT RFPI ACPM - FUND -C ENFRAJL. That there be and is hereby appropriated the sum of Ninety -one thousand, six hundred seventy -three dollars and no cents ($91,673.00) to the Equipment Replacement Fund - General for the payment of necessary capital outlay. jg . n 6 - EOUTPn4ENT RFPL CEMENT FUND -WATER & SEWER. That There be and is hereby appropriated the sum of Eighty -five thousand dollars and no cents ($85,000.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 7 - EOI 2MENT REPLACEMENT ELMML5OI.ID W That there be and is hereby appropriated the sum of One hundred twenty -seven thousand dollars and no cents ($127,000.00) to the Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 8 - CAPITAL OUTT AY FUND. That there be and is hereby appropriated the sum of Three hundred eighty -seven thousand dollars and no cents ($387,000.00) to the Capital Outlay Fund for the payment of necessary capital outlay. ' Section 9 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Forty -two thousand, four hundred dollars and no cents ($42,400.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 10 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of Eight hundred fourteen thousand, six hundred dollars and no cents ($814,600.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 11 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of Two million, five hundred six thousand, one hundred eleven dollars and no cents ($2,506,111.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 12 - HOTEUMOTEL F[_7J`ID. Tluat there be and is hereby appropriated the sum of Sixty thousand, four hundred dollars and no cents ($60,400.110) to the Hotel/Motel Fund for the payment of operating expenses. Section 13 - H 7-MAT FUND. That there be and is hereby appropriated the sum of Twenty -five thousand dollars and no cents ($25,000.00) to the Haz -Mat Fund for the payment of operating expenses. Section 14 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of One hundred twenty -seven thousand, five hundred dollars and no cents ($127,500.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 15 - MID-COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FIND. That there be and is hereby appropriated the sum of Three hundred fourty -one thousand, eighty -seven dollars and no cents ($341,087.00) to the Mid - County Municipal League Dispatching Fund for the payment of operating expenses and necessary capital outlay. Section 16 - MID - COUNTY MUNICIPAL LEAGUE SOLID WASTE FUND. That there be and is hereby appropriated the sum of Nine thousand dollars and no cents ($9,000.00) to the Mid -County Municipal League Solid Waste Fund for the payment of operating expenses and necessary capital outlay. THAT the foregoing appropriations for expenditures be adopted as the budget for the ensuing fiscal year beginning October 1, 1997 and ending September 30, 1998. THAT the City Council shall meet and adopt an Ordinance levying on the assessed valuation of the property within the City, subject to the provisions of the Charter and lawful exceptions given by State Law or City Ordinance, a rate of taxation on each One Hundred Dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in this annual budget less the amounts estimated to be received from fines, licenses, and other sources of revenue. THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1997, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October I, 1997 and ending September 30, 1998, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. 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 TIIE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE /A'DAY OF AUGUST, A.D., 1997. Homer Nagel, Mayor City of Nederland, Texas ATTEST: Cam( fSL Lois.CoCo, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM .AND LEGALITY: Richard D. Hughes, City Atto ey City of Nederland, Texas ' ORDINANCE NO. 1997 -08 AN ORDINANCE APPROVING TIIE TAX ASSESSMENT ROLLS FOR TIIE YEAR 1997, 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 1997, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $482,116,650; 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, Chicf Appraiser of Jefferson County Appraisal District, at a total value of $482,116,650, shall become the tax assessment rolls of the City of Nederland for the year 1997, less all exemptions provided by either State Law or City ordinance in the amount of $50,499,590. SECTION 2: - That there is hereby levied for the current year, 1997, and there shall be collected forthe use and support oftie municipal government ofthe City ofNederland, and to provide interest and sinking funds for the fiscal year ending September 30, 1998 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of seventy cents ($.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), 34.88 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sigking Fund, 35.12 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Two hundred fifty -two thousand, six hundred dollars ($252,600.00) on the Permanent Improvement Bonds, Series 1978, 5.896 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Eight hundred forty -five thousand dollars ($845,000.00) Permanent Improvement Bonds, Series 1986, 19.723 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Two hundred four thousand, five hundred ninety dollars ($204,590.00) on the Permanent Improvement Refunding Bonds, Series 1992, 4.775 cents on each one hundred dollars ($100) valuation of property., For the purpose of paying interest and principal of Two hundred two thousand, four hundred fifty dollars ($202,450.00) on the Certificates of Obligation, Series 1992, 4.726: 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 1997 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. PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE-/± DAY OF AUGUST, A.D., 1997. Homer Nagel, Mayor City of Nederland, Texas ATTEST: Asj�, 112,9- Lois Coco, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att ne6R y City of Nederland, Texas Lois Coco, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney ' City of Nederland, Texas ' AN AMENDMENT TO ORDINANCE NO. 147 AN ORDINANCE AMENDING THE CITY OF NEDERLAND PERSONNEL POLICY DEALING WITII SICK LEAVE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council previously enacted an Amendment to Ordinance No. 147, which adopted a new Personnel Policy Ordinance effective November 27, 1995; and WHEREAS, the City Council is of the opinion that a new policy should be established regarding employee's sick leave. NOW, THEREFORE„ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: The City of Nederland Personnel Policy Ordinance, Section 3.04.01(d), relating to sick leave is amended to read as follows: d. illness of a mernber of the employee's immediate family who requires the employee's direct personal care and attention. Use of sick leave for a member of the employee's immediate family shall be deducted from the employee's accrued sick leave and shall be limited to not more than forty (40) hours per calendar year. Should an employee need additional time off due to the illness of a member of the employee's immediate family, he/she must utilize vacation days or compensatory time. For this purpose, immediate family is specifically defined as the employee's spouse, children or stepchildren, grandchildren, brother(s) or sister(s), parents of the employee or spouse, or grandparents of the employee or spouse. This amendment shall become effective October 1, 1997. N.. PASSED AND APPROVED by the City Council of the City of Nederland this the day of r -11997. — Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Lois Coco, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney ' City of Nederland, Texas CITY OF NEDERLAND RESOLUTION 1997 -09 WHEREAS, the City of Nederland has made application to the Texas Natural Resource Conservation Commission for an amendment to wastewater discharge Permit No. 10483 -002 (the application), and WHEREAS, Mr. Oscar Loft's request to protest the application in a contested public hearing conducted by the State Office of Administrative Hearings has been granted, and WHEREAS, to avoid litigating the application in a contested public hearing, duly authorized representatives of the City of Nederland and Mr. Oscar Lott mediated their dispute and agreed to resolve the conflict as evidenced by the signed agreement between the two parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: 1. The Mediated Settlement Agreement between the City of Nederland and Mr. Oscar Lott, a copy of which is attached hereto, is hereby approved and ratified; and, 2. The Mayor and City Manager of the City of Nederland are authorized to take all actions and execute all documents necessary to effectuate the Mediated Settlement Agreement. PASSED, APPROVED, AND ADOPTED this the " day of d , 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: OW&(4CAS Lois Coco, Acting City Secretary City of Nederland,. Texas 1 § IN RE: § BEFORE THE TEXAS CITY OF NEDERLAND § NATURAL RESOURCE Permit No. 10483 -002 § CONSERVATION COMMISSION MEDIATED SETTLEMENT AGREEMENT To avoid litigating the application of the City of Nederland (Applicant or City) for an amendment to Texas Natural Resource Conservation Commission (TNRCC or Commission) Wastewater Discharge Permit Number 10483.002 (the Permit) in a Commission contested public hearing, the Applicant and Mr. Oscar Lott mediated their dispute and agree to the following: A. The City agrees to pursue the design layout set forth in Attachment A to the Permit provided that there are no discoveries during the detail design process which significantly impact the economics of the project. The City agrees to use the wastewater treatment process set forth in Attachment 11B to the application for the Permit with changes to equipment types and quantities as necessary to meet the permitted effluent parameters. B. The City agrees to remove the sludge drying beds as part of the construction project related to the Permit with no additional sludge drying beds to be added during the life of the Permit. C. The City agrees to take steps to minimize the noise generated by the sewage treatment plant. The City specifically agrees to house the blowers in an enclosed structure. D. The City agrees to design and grade the sewage treatment plant site so as not to drain to adjacent property under normal weather conditions. E. Treatment plant area lighting will be designed and controlled to minimize light spillover to the adjacent property. F. The adjoining property belonging to Oscar Lott which is required for compliance with buffer zone permit requirements (not to exceed 150 feet from the present North property line) will be purchased and owned by the City of Nederland or made subject to a property easement or use restrictions in favor of the City, as the parties agree in writing. "City of Nederland property easements or use restrictions will not be recorded or enforced without written mutual consent. Nothing contained herein shall preempt the City's right to obtain the property by condemnation if required. ' G. This Agreement is a legal contract between the applicant, the City of Nederland and the protestant, Mr. Oscar Lott, is enforceable by either party against the other in a court of Negotiated Agreement Permit No. 10483 -002 Page 2 competent jurisdiction, and is effective immediately upon ratification by the City of Nederland's City Council. H. This agreement shall be transferrable to heirs, assigns, and other parties to whom Mr. Lott may transfer his property. I. In consideration of the provisions listed above and actions to be taken by the City, the protestant, Mr. Oscar Lott, hereby withdraws his hearing request for the application for an amendment Permit No. 10483 -002. Mr: re Wimer for the City of Nederland Date City Manager ()ZtAl, o`� e9-4-g_ /L W 7 Mr. Oscar Lott IJDate 1 That the City will participate in the Urban Street Program for the purpose of rehabilitation of Nederland Avenue from Twin City highway to Highway 69, and That the Mayor is hereby authorized to execute a contract with the Texas Department of Transportation for the Nederland Avenue Rehabilitation Project. ADOPTED BY THE CITY COUNCIL of the City of Nederland this the ` rh day of -> 1997. 'Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: tti (,R, r.m_ Lois Coco, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Richard D. Hughes, City Attorney City of Nederland, Texas CITY OF NEDERLAND RESOLUTION 1997 -10 A RESOLUTION AUTITORI7.INC PARTICIPATION BY THE CITY OF NEDERLAND IN THE URBAN STREET PROGRAM AND APPROVING AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Nederland previously received approval for a project associated with Nederland Avenue; and WHEREAS, this project will involve the rehabilitation ofpavement on Nederland Avenue from Twin City Highway to Highway 69; and WHEREAS, the total estimated cost for this project is $636,120; and WHEREAS, the State, through the Texas Department of Transportation, will provide funding in an amount not to exceed eighty percent (80 %) or $508,896, whichever cost is less. NOW, THEREFORE, BE: IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the City will participate in the Urban Street Program for the purpose of rehabilitation of Nederland Avenue from Twin City highway to Highway 69, and That the Mayor is hereby authorized to execute a contract with the Texas Department of Transportation for the Nederland Avenue Rehabilitation Project. ADOPTED BY THE CITY COUNCIL of the City of Nederland this the ` rh day of -> 1997. 'Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: tti (,R, r.m_ Lois Coco, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Richard D. Hughes, City Attorney City of Nederland, Texas ORDINANCE NO. 1997 -09 ' AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, CONCERNING THE SITING OF TELECOMMUNICATIONS TOWERS AND ANTENNAS BY ADOPTING DEFINITIONS OF "TOWER" AND "ANTENNA'; PROVIDING LOCATIONS FOR SUCH STRUCTURES; ESTABLISHING HEIGHT RESTRICTIONS; ALLOWING FOR EXCEPTION APPROVAL BY THE ZONING BOARD OF APPEALS; ESTABLISHING ' REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS AND ANTENNAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of this ordinance is to establish the City's regulations concerning the siting of telecommunications towers and antennas; WHEREAS, the City has received or expects to receive requests to site telecommunication towers and antennas within the municipal boundaries; WHEREAS, the City finds that it is in the public interest to permit the siting of telecommunications towers and antennas within the municipal boundaries; WHEREAS, it is the intent of the City to protect and promote the public health and safety by regulating the siting of telecommunications towers and antennas; ' WHEREAS, the intent of this ordinance is to encourage the location of telecommunications towers and antennas in particular areas; encourage the joint use of new and existing towers; encourage uses of telecommunications towers and antennas to configure them in such a way as to minimize the visual impacts of these structures; and enhance the ability of providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Definitions. Tower: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self - supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission and reception towers, microwave towers, common carrier towers, cellular telephone towers, and other similar structures. Antenna: Any exterior apparatus designed for telephonic, radio, or television communications through the sending and /or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecom - munication signals, or other communications signals, excluding satellite dish antennas and antenna accessory to residential uses. Telecommunication Facilities: The plant, equipment, and property, including, but ' not limited to, cables, wires, conduit, ducts, pedestals, antennas, towers, electronics, and other appurtenances used to transmit, receive, distribute, provide, or offer telecommunications services. Tower Site: The platted lot or leased parcel upon which the tower and support facilities are located. Tower Height. A measurement from the finished grade at the base of the tower to the extreme top -most point of the tower. Section 2. Telecommunications Facilities It is the intent of this ordinance to establish regulations for telecommunications facilities. 1. to protect residential areas and lands by minimizing adverse impact of towers; 2. to minimize the total number of towers in the community; 3. to encourage the joint use of new and existing tower locations; 4. to ensure that towers and antennas are configured in such a manner that minimize adverse visual impact by careful design, appropriate siting, landscape screening, and innovative camouflaging techniques; 5. to enhance the ability to provide telecommunication services to the community quickly, effectively, and efficiently; 6. to consider public health and safety of telecommunication facilities; and 7. to avoid damage to adjacent properties from tower failure through careful engineering and locating of tower structures. Section 3. General Requirements - Towers The following regulations apply to towers as defined in Section 1: 1. The tower site shall be allowed in commercial and industrial districts only. 2. The tower shall be designed to withstand a minimum of 120 mph wind loads. 3. The tower site shall be set back from residentially zoned property at a ratio of one (1) foot for each one (1) foot in height of the tower. 4. The placement of towers on a site shall comply with a twenty five(25) foot front setback and a ten (10) foot side and rear setback requirement. 5. All towers and support facilities shall be surrounded by a six (6) foot security and screening fence and landscaped by a perimeter hedge not to exceed three (3) feet in height. 6. All towers shall be of monopole construction not more than 150 feet in height unless the Zoning Board of Appeals approves an alternate design. 7. All ground level lighting for security purposes shall be shielded or directed so as not to project directly onto surrounding residential property. 8. All towers shall comply with all applicable Federal Aviation Administration regulations and shall have an FAA approved warning beacon (light) located at the top of the structure as required by the City. 9. Signs shall be limited to those signs required for cautionary, advisory, or safety purposes. 10. Commercial messages /advertisements /signs shall be prohibited from being placed upon towers. 11. Color: Towers shall be finished in a neutral color to reduce visual obtrusiveness, subject to any applicable standards of the FAA. Section 4. General Regmirements - Anterims. The following regulations apply to antennas as defined in Section 1: 1. Antennas located on newly constructed towers shall not extend to a height beyond the top of the tower. 2. Antennas may be located on an existing, approved tower provided that the antenna does not exceed the height of the tower. Antennas shall not be ' allowed on water towers or any other public property. 3. Signs shall be limited to those signs required for cautionary, advisory, or safety purposes. 4. Commercial messages /advertisements /signs shall be prohibited from being placed upon antennas. Section 5. Abandonment Any tower or antenna that is not operated for a continuous period of twelve (12) ' consecutive months shall be considered abandoned, and the owner of the property upon which such tower or antenna is located shall remove such tower or antenna and related telecommunication facilities within ninety (90) days of notification by the City to remove the tower, antenna, and /or related telecommunication facilities. Section 6 Application 1. Every applicant for a tower shall provide the City Building Official with: a. A scaled set of plans containing the following information: i. Location and legal description of the proposed site; ii. Type and height of the proposed tower; iii. On -site land uses and zoning; iv. Adjacent roadways; v. Proposed means of access; vi. Setbacks from property lines; vii. Architectural elevation drawings of the proposed tower and other telecommunication support facilities; viii. A landscape plan showing specific landscape materials and proposed drainage of the site; ix. The method of fencing, finished color, and, if applicable, the method of illumination: and x. Designed wind loads signed and sealed by structural engineer. b. An affidavit from the owner of the property acknowledging that the owner of , the property is responsible for the removal of a tower that is abandoned or is unused for a period of twelve (12) consecutive months. c. Copies of relevant insurance certificate verifying that the applicant maintains liability coverage for the tower during construction and once the tower becomes operational. d. Verification that the proposed tower complies with all applicable Federal Aviation Administration requirements. e. Application fee is to be determined by the total cost of the project based upon the City's standard fee schedule for building construction. 2. The City Building Official shall review the information submitted by the applicant for conformance with this ordinance and other applicable Federal, State, and /or City regulations. If compliance is determined, a permit for construction shall be issued. 3. If the proposed tower fails to satisfy all applicable requirements, the applicant shall be offered thirty (30) calendar days to correct identified deficiencies and resubmit the necessary information. 4. If the City Building Official determines that subsequent modifications do not meet the City's requirements, the applicant may appeal to the Zoning Board of Appeals. 5. The Zoning Board of Appeals shall review all information pertaining-to the proposed tower and make the City's final decision as to whetheror not the proposed structure shall be permitted. Section 7. Cumulative This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Nederland, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinance and such Code are hereby repealed. Section 8. Severabili It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 9. Savinqs Ail rights and remedies of the City of Nederland, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 1997 -00 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 10. Pena Any firm, person, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any provision of this ordinance shall be fined not more that Five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 11. Publication The City Secretary of the City of Nederland, Texas, is hereby directed to publish the caption, penalty clause, and effective date of this ordinance for two (2) days in the official newspaper of the City of Nederland, Texas. Section 12, Effective Date This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND PROVED by the City Council of the City of Nederland, Texas this the I I r" day of _ �, 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: // 114 (- (.�(,B- Lois Coco, Acting City Secretary ' City of Nederland, Texas _ APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorne City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 1:00 P.M. August 25, 1997 MEETING The meeting was called to order at 1:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. RECESS The Special Meeting was recessed at 1:03 p.m. by Mayor Nagel for the purpose of attending a joint Public Hearing with the Jefferson County Commissioner's Court and the City of Beaumont at 1:30 p.m. at the Jefferson County Courthouse, 1149 Pearl, Beaumont, Texas to receive input concerning the adoption of an ordinance to nominate an area of the cities and the County as a state designated enterprise zone. PUBLIC HEARING The Public Hearing was called to order at 1:30 p.m. by County Judge Carl Griffith for the purpose of receiving input regarding the designation of an enterprise zone. City of Nederland officials in attendance were: Mayor Homer Nagel, Council members Robert Sawyer, Joe Daughtry, and Mike Radcliff; City Manager Andre' Wimer; and, City Secretary LaDonna Floyd. City of Beaumont officials in attendance were: Mayor David Moore, Council members Andrew Cokinos, Dr. Lulu Smith, John Davis, and Guy Goodson; City Manager Ray Riley; and, City Clerk Patrice Fogarty. Jefferson County officials in attendance were: Judge Carl Griffith, Commissioners Jimmie Cokinos, Mark Domingue, Waymon Hallmark; Ed Moore; and, County Clerk Sandy Wilson. Steve Buser, Partnership of Southeast Texas (POST), stated that the designation of an enterprise zone was a key attraction for NorCross to locate in Nederland. NorCross is expected to provide approximately 250 jobs. Minutes continued, August 25, 1997 John Beard, Port Arthur, addressed officials concerning the issue that employees of NorCross be residents of the Zone. Judge Griffith responded that there is a state law that stipulates that a company in an enterprise zone must try to employee at least 25% of their personnel from the Zone. Commissioner Moore added that this stipulation should be monitored. Mayor Nagel, City of Nederland, thanked POST, the City of Beaumont and Jefferson County for working together in this endeavor. Mayor Moore, City of Beaumont, also thanked all those involved in this undertaking. He added that the City of Beaumont is ready to move forward with this project. Lynn Guarnere, Beaumont, spoke in favor of the enterprise zone. As a resident of south Beaumont he felt this will make his neighborhood more attractive to other businesses. Judge Griffith thanked the Cities and County staff for their efforts in this project. ADJOURN There being no further questions and /or comments the Public Hearing was adjourned at 1:46 p.m. by Judge Griffith. RECONVENE The Special Meeting was reconvened at 2:20 p.m. by Mayor Nagel. ADJOURN There being no further business the meeting was adjourned at 2:21 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Y—a-" - a ej. , , " � LaDonna Floyd, City Secretary City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 j Joe Daughtry Council Member, Ward 2 ' Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer ,- Kelly Galloway Assistant to the City Manager j Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian j ayor CAL"�- n,a City Secretary Date 6:00 p.m. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 25, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the minutes of the August 11, 1997 meeting as written. All Voted Aye. ENTERPRISE A motion was made by Mayor Nagel and seconded by Councilman ZONE Sawyer to approve Resolution 1997 -11, designating NorCross as a "qualified business" meeting the criteria for designation as an enterprise project. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1997 -10, nominating an area as an enterprise zone. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve an interlocal agreement with the City of Beaumont and Jefferson County, agreeing to jointly pursue the creation and establishment of an enterprise zone. All Voted Aye. DRAINAGE Greg Frank, Costello, Inc., gave a brief update on the drainage study. STUDY He stated that they will be updating the model of Main "B" and its tributaries, as well as analyzing the City's ditches and storm sewers to get an idea of what kind of drainage problems exist in that area. They have received the survey work prepared by Schaumburg & Polk and will be reviewing this data in hopes of determining if there are. any major problems with the ditches. Mr. Frank added that he is anticipating having a preliminary report on Main "B" within the next several weeks. Minutes continued, August 25, 1997 SANITARY Gary Graham, Schaumburg & Polk, Inc., gave a brief update on the SEWER Sanitary Sewer Evaluation Survey. Mr. Graham stated that the SSES EVALUATION was begun in mid -March and is progressing on schedule. He added SURVEY that approximately 250 manholes have been inspected to date and approximately 90% of the $226,000 budget established for physical inspection has been used. Flow monitoring at eighteen locations in the collection system was conducted in June and early July. This information is being compiled by ADS. A total of 95% of the $78,000 flow monitoring budget has been utilized. Upon completion of the final field inspection the data will be entered into the PIPE database. A total of 34% of the data base development budget has been used. ADS is evaluating the software which will best be suited to model the data. A final decision on the software to be utilized should be made within the next week. None of the hydraulic modeling budget has been utilized. The AutoCAD map being developed for the use with the database system is being updated with field survey information. Approximately 58% of the $72,000 mapping budget has been used. Mr. Graham added that recommendations as to which lines should receive special testing will be provided in the interim report which will summarize the preliminary findings from the physical inspection, results of the flow monitoring data and recommendations for special investigations. He is hopeful that he will be able to present a copy of the report for review by the City in early October. DIESEL FUEL Andre' Wimer, City Manager, reported to the Council that the City TANKS currently purchases diesel fuel which is dispensed from underground storage tanks located behind the Fire Station. The TNRCC recently conducted an inspection and has informed the City of new regulations governing underground tanks. These regulations will become effective by 2002 and will require us to be insured up to $1 million for any accidents which may occur. Staff is recommending that these tanks be taken out of service and an above ground tank be purchased and located at the Warehouse. Mr. Wimer added that the cost of the tank will be $5,500. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize removal of the underground storage tanks behind the Fire Station and authorize purchase of an above ground storage tank not to exceed 1,000 gallons to be located at the Warehouse. All Voted Aye. STREET LIGHTS A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve the installation of street lights at the following locations: 3317 Memphis, 824 Detroit, 3719 Avenue F, 1304 Avenue J, and 316 South 91h Street. All Voted Aye. Minutes continued, August 25, 1997 SURPLUS A motion was made by Mayor Nagel and seconded by Councilman PROPERTY Daughtry to declare the following property at the new library building as surplus: 2 queen size box springs and mattress; 1 king size box springs and mattress; 1 Kenmore 19 cubic foot refrigerator; 1 Rauland amplifier; and 20 room dividers. All Voted Aye. CDBG A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1997 -12, authorizing submission of a contract amendment request for the Community Development Fund Contract between the City of Nederland and the Texas Department of Housing and Community Affairs Contract No. 714120/715120. All Voted Aye. AGREEMENTS A motion was made by Mayor Nagel and seconded by Councilman Daughtry to postpone approving an interlocal agreement with the Federal Bureau of Prisons for fire protection services. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve an agreement with Applied Geological Technologies (see attached). All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payments to Schaumburg & Polk, Inc. for engineering services associated with the following: $6,280.88 - Main "B" drainage study; $4,237.53 - wastewater collection system improvements; $35,060.25 - Sanitary Sewer Evaluation Survey, $4,315.16 - Nederland Avenue rehabilitation; $11,318.00 - wastewater system improvements; and, $1,007.23 - NPDES permit application. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman SESSION Sawyer to table the Executive Session to discuss Robert Miller vs. City of Nederland; and, to discuss acquisition, exchange, and /or release of property. All Voted Aye. COMMUNI- Andre' Wimer, City Manager, stated that we should receive the CATION inspection report for the two water tanks within the next few weeks. The City Manager informed the Council that the new radios should be installed in the Police Department this week. Minutes continued, August 25, 1997 ADJOURN There being no further business the meeting was adjourned at 7:12 I p.m. by Mayor Nagel. AZZll::3 Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas E F� L� CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor / Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 j Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Mayor City Secretary y - 9') Date CITY OF NEDERLAND RESOLUTION 1997 -11 WHEREAS, the Cities of Beaumont and Nederland, Texas (the "Cities ") and Jefferson County, Texas (the "County ") will make application to the Texas Department of Commerce ( "Commerce ") for the creation of the Beaumont /Nederland/Jefferson County Enterprise Zone (the "Zone ") on September 1, 1997; and WHEREAS, Commerce will consider NorCross as an enterprise project pursuant to a nomination and an application made by the Cities and County; and WHEREAS, the Cities and County desire to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the Zone and to provide employment to residents of the Zone and to other economically disadvantaged individuals; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act "), NorCross has applied for designation as an enterprise project; and WHEREAS, the Cities and County find that NorCross meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds; 1. NorCross is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business in the Zone and at least twenty - five percent (25 %) ofthe business' new employees will be residents of a Zone within the Cities' and County's jurisdiction or economically disadvantaged people; [or] 2. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Zone; and 3. The designation of NorCross as an enterprise project will contribute significantly to the achievement of the plans of the Cities and County for development and revitalization of the Zone. WHEREAS, the Cities and County find that NorCross meets the criteria for tax reliefand other incentives adopted by the Cities and County and nominates NorCross on the grounds that it will be located wholly within the Zone, will create it higher level of employment, economic activity and stability; and y WHEREAS, the City finds that it is in the best interest of the City to nominate NorCross as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the findings of the City and its actions approving this resolution taken at the Council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that NorCross is a "qualified business," as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F, of the Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of the enterprise project by Commerce and terminate five (5) years after that date of designation. ' PASSED AND APPROVED by the City Council of the City of Nederland, Texas this the _r�)S day of L 1997. ^s^- Homer E. Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: he Hu s it Attorne ichard D. C SJ Y City of Nederland, Texas ORDINANCE NO. 1997 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303); PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE (TEXAS TAX CODE, CHAPTER 312); AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE. WHEREAS, the City Council of the City of Nederland, Texas desires to create the proper economic and social environment to induce the investment of private resources i� productive business enterprises located in severely distressed areas of the City and to provide employment to residents of such area; WHEREAS, certain conditions exist in such area which represent a threat to the health, safety, and welfare of the people of such area; and WHEREAS, it is in the best interest of the City to nominate such area as an enterprise zone pursuant to the Texas Enterprise Zone Act (Texas Government Code, Chapter 2303, the "Act "); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That the City Council hereby nominates the area set forth and attached hereto as Exhibit "A" and made a part hereof for all purposes as an enterprise zone (herein the "Zone "). Section 2: That the City Council finds the zone area meets the qualifications of the Act. Section 3: The City Council authorizes efforts by the Police Department to provide increased police patrols in the zone (though nothing in this ordinance is intended to create a contract between the City of Nederland and any other party for private security services or police protection beyond usual and customary governmental functions). 1 Section 4: That the area described in this ordinance is designated as an enterprise zone, subject to the approval of the Texas Department of Commerce. Section 5: That the City Council directs and designates its city manager as the City's authorized representative to act in all matters pertaining to the nomination and designation of the area described herein as an enterprise zone. Section 6: That the City Council further directs and designates its city manager as ' liaison for communication with the Department to oversee zone activities and communications with qualified businesses. Section 7: That a public hearing to consider this ordinance was held by the City Council on August 25, 1997. Section 8: That this ordinance shall take effect from and after its passage as the law and charter in such case provides. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this the o115- day of /?j� A jA °' 1997. Homer E. Nagel, Mayor City of Nederland, Texas 4 ATTEST: L4 " A i ��,ra� LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Richard D. Hughes, City Attorn ey ey City of Nederland, Texas CITY OF NEDERLAND RESOLUTION 1997 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A CONTRACT AMENDMENT REQUEST FOR THE COMMUNITY DEVELOPMENT FUND CONTRACT BETWEEN THE CITY OF NEDERLAND AND THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (THE "DEPARTMENT') CONTRACT NUMBER 714120/715120. WHEREAS, the City of Nederland entered into a contract with the State of Texas to make improvements to the water and sewer systems in the Hillcrest Terrace Neighborhood; and WHEREAS, additional contract funds are available; and WHEREAS, the City of Nederland desires to make water improvements in the Atlanta Avenue /2nd Street Neighborhood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. The City Council authorizes a contract amendment request to be submitted to the Texas Community Development Program for the following proposed activities: To install approximately 2,070 linear feet of six inch (6 ") PVC water line, and 360 linear feet of 314 inch service pipe for the residents along Detroit Avenue, Chicago Avenue, Boston Avenue, and Atlanta Avenue from 1�' Street to 2n° Street. 2. The City Council directs and authorizes the Mayor to execute all necessary documents as may be required to initiate and process this contract amendment request. PASSED AND APPROVED at a meeting of the City Council of the City of Nederland, Texas this the o96 day of -QAI� I tgt 11997. omer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City S cretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City- Attorney City of Nederland, Texas 4 1 CONTRACT This agreement is made and entered into effective the U? S day of �-_1997, by and between APPLIED GEOLOGICAL TECHNOLOGIES (hereinafter called "Contractor "), and the party identified in Paragraph 1 below (hereinafter called "Customer "): Customer's name and address is as follows: Name: City of Nederland Address: P.O. Box 967 Nederland, Texas 77627 1 Customer's business is organized as indicated: Corporation Limited Partnership Joint Venture Limited Liability Company General Partnership Sole Proprietorship X Other (describe) Municipality I 3. The real property upon which Contractor is to perform work is at the following location: Trade Name: Nederland Service Center Street Address: 515 Hardy Nederland, TX 4. The owner of the real property upon which the work shall be performed is as indicated: X Customer The following entity (Note: the Owner must sign the Consent at the end of this Contract): Owner: INITIALS: r Contractor Customerh) 5. Contractor agrees to furnish all labor and materials necessary to perform the work ' described on Exhibit "A" (the "Scope of Work "), which is attached hereto and incorporated herein for all purposes. Customer agrees to pay Contractor additional sums for any work beyond that included in the Scope of Work upon approval by Customer. 6. Customer shall pay the Contractor the principal sum of $ 8,195.00 (DOLLARS) (the "Contract Price ") for all material and labor to be performed under the Scope of Work for this Contract. The Contract Price shall be paid in the manner specified on Exhibit `B," which is attached hereto and incorporated herein for all purposes. Any extra costs will be billed separately by Contractor. 7. Contractor shall have no liability for any delays in the performance or completion of Contractor's work hereunder, or for any actual or consequential or incidental damages, or for any loss or damage, due to circumstances beyond Contractor's reasonable control. 8. In the event of any termination of this Contract by Customer without the fault or cause of Contractor prior to its completion by Contractor, Customer agrees to pay Contractor all costs incurred by Contractor; plus Contractor's overhead and profit under the Contract as of the date of termination.. 9. Unless otherwise specified on Exhibit `B," all invoices from Contractor to Customer , are due and payable in full within ten (10) days after the date customer receives such invoice, including the invoice for final completion. All invoices are due and payable at the following address: APPLIED GEOLOGICAL TECHNOLOGIES, 5690 Old Dowlen Road, BEAUMONT, JEFFERSON COUNTY, TEXAS 77706 -6508. Customer agrees that invoices, which are not paid when due, shall bear interest at the maximum rate allowed by law but not to exceed eighteen per cent (18 %) per annum, until paid. If Contractor defaults, the City is not liable for unpaid invoices or attorney's fees thereon. 10. Customer acknowledges that Contractor reserves the right to file notices and /or Mechanics and Materialmen's Liens to the extent Contractor may deem appropriate in order to protect his interests. 11. Contractor agrees to assist Customer in seeking reimbursement of environmental remediation costs from the Texas Natural Resource Conservation Commission; however, Contractor does not in any manner guarantee or warrant that Customer will receive such reimbursement, and Customer is responsible for paying contractor under . this Contract, whether or not Customer is entitled to or receives such reimbursement. INITIALS: Contractor �� Customer � 12. In the event Customer fails to pay any invoice hereunder as and when due, Contractor shall have the right to cease all further work and, in its sole discretion, to declare this Contract totally breached by Customer. 13. Contractor reserves the right to subcontract portions of the work required under this Contract which do not require Contractor's expertise. 14. This Contract is governed by and shall be construed in accordance with Texas law. Venue of any action hereunder shall lie in a court of competent jurisdiction in Jefferson County, Texas, unless mandatory venue is established elsewhere under applicable Texas law. 15. Contractor agrees to indemnify and hold harmless the City and its employees and agents from any claims, causes of action, lawsuits or fees from any person, firm or entity arising out of the performance or attempted performance by himself or any subcontractors of this agreement. 16. This Contract contains the entire agreement of the parties, and supersedes any prior written or oral representations or understandings between the parties pertaining to the subject matter of this Contract and the work provided for hereunder. This Contract may not be altered or modified or changed except by a written instrument signed by ' Contractor and Customer; provided, however, that such requirement shall not preclude contractor from demanding payment for any extra costs incurred by Contractor under the circumstances described hereinabove. CONTRACTOR: Thomas M. Williams, Owner APPLIED GEOLOGICAL TECHNOLOGIES Date: CUSTOMER: City of Nederland Name: Homer E. Nagel Title: Mayor Date: S-,2;� -9� ' INITIALS: Contractor Customer CONSENT BY OWNER ' (If Customer is not the Owner) The undersigned is the Owner of the real property to be improved under the foregoing Contract. The undersigned hereby acknowledges and consents that Contractor will perform work under the foregoing Contract for which Contractor may claim a Mechanic's and Materialman's Lien, and the undersigned acknowledges and understands that in connection therewith, the undersigned may be personally liable for payment to Contractor. Owner: Y�i yr I'lederla -ld / By: �� �< l cn'�X^. Printed Name: Hnr-ir - R(a.4 e 1 Title: / I ck k 40t, Date: fL(ET of C\75 1 INITIALS: Contractor Customer , 51---l�Cl 1 EXHIBIT "A" Scope of Work The Scope of Work to be performed by Contractor under this Contract is as follows: As per the attached Workplan and Preapproval Request approved 6/2/97 by the TNRCC, to include the following: • Drill and install three (3) monitor wells. • Continuous soil sampling of bore holes and soil sample collection for analysis. • Water sample collection for analysis after well installation and purging. • Determine soil parameters. • Proper disposal of drill cuttings and purge water. • Submittal of updated portions of the Assessment Report Form (ARF). ' Estimated time for completion of this project: 30 days from the date of the signing of this contract by both parties. INITIALS: Contractor Custome EXHIBIT "B" Payment Terms for Contract Price The Contract Price shall be paid to Contractor as follows: (Note: extra work and change order work will be billed separately by Contractor): 50% down at start of work $4,097.50 50% upon completion of work $4,097.50 TOTAL PROJECT $8,195.00 INITIALS: Contractor Customer, 1 f] 3:00 p.m. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 8, 1997 MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the minutes of the Special Meeting of August 25, 1997, and the regular meeting of August 25, 1997, as written. All Voted Aye. ENVIRONMENT A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the removal of the City's underground diesel fuel tank located behind the Fire Station by G & B Petroleum, Inc. in the amount of $2,260.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the purchase of an above ground diesel fuel tank to be located at the Warehouse, 515 Hardy, from G & B Petroleum, Inc. in the amount of $4,666.00. All Voted Aye. EMPLOYEES & A motion was made by Mayor Nagel and seconded by Councilman PERSONNEL Sawyer to approve an amendment to the Wage and Salary Classification Plan whereby step increases will be automatic and will not be contingent upon performance evaluations, except for the first twelve (12) months for new employees, to be effective October 1, 1997. All Voted Aye. STREETS & A motion was made by Councilman Daughtry and seconded by Mayor SIDEWALKS Nagel to approve the submission of Nederland Avenue plans to the Texas Department of Transportation, and authorize Schaumburg & Polk, Inc. to obtain information from Southwestern Bell Telephone Company regarding their junction box located beneath the street at Nederland Avenue and 27h Street. All Voted Aye. 0 Minutes continued, September 8, 1997 ORDINANCES Andre' Wimer, City Manager, informed the Council that Mr. Hughes, City Attorney, prepared an ordinance regulating collection and disposal of solid waste and tree limbs. He added that the ordinance provides for commercial tree trimmers to obtain a no fee permit; the disposal of tree limbs, shrubs, and similar products in excess of the amount collected by the City; and, providing a penalty not to exceed $2,000.00. Mayor Nagel recommended that the Council review this ordinance in order to make any suggestions. He advised each to notify the City Manager of any changes which would make the ordinance conform to our particular situations. The mayor stated that this will be placed on a future agenda. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone approving Ordinance No. 1997 -11, regulating tree trimmers within the City of Nederland. All Voted Aye. INSURANCE A motion was made by Mayor Nagel and seconded by Councilman Nugent to cast a ballot voting for Joseph Arisco to the Texas Municipal League Group Benefits Risk Pool Board of Trustees. All Voted Aye. BUDGET A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve amendments to the 1996 -1997 budget (see attached). All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1997 -12, amending the 1996 -1997 budget. All Voted Aye. ORDINANCE A motion was made by Councilman Nugent and seconded by Mayor Nagel to approve Ordinance No.1997 -13, declaring certain utility accounts as uncollectible, in the amount of $6,277.77. All Voted Aye. SCHOOLS & A motion was made by Mayor Nagel and seconded by Councilman EDUCATION Nugent to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. All Voted Aye. Minutes continued, September 8, 1997 CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Sawyer to approve a contract with Schaumburg & Polk, Inc. for surveying services for water distribution system improvements in three easements bounded by Detroit Avenue and Atlanta Avenue from 15'to 2nd Streets in the amount of $3,300.00, and for boundary survey, including a metes and bounds description of an area in the extraterritorial jurisdiction in the amount of $4,300.00. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Don S. Reichle & Associates in the amount of $14,937.00, elevated water storage tank inspection. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment of the bills for the month of August, 1997. All Voted Aye. EXECUTIVE The regular meeting was recessed at 4:10 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Robert Miller vs. City of Nederland; and, Chapter 551.072, discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting was reconvened at 5:00 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to delay payment to KSA Engineers, Inc. in the amount of $1,252.02, Water Treatment Plant operational phase, until this matter can be discussed with the engineer. All Voted Aye. COMMUNI- Andre' Wimer, City Manager, reported that the street repairs to South CATION 29"' Street began today. Mr. Wimer also reported that the contract documents for the new library were received from the State last week and should appear on the next agenda. He added that we should be able to award the construction bid at the last meeting in November. Minutes continued, September 8, 1997 ADJOURN There being no further business the meeting was adjourned at 5:10 p.m. by Mayor Nagel I Z 14,-2 'Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: " irk [; Donna Floyd, City Secretary City of Nederland, Texas 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor ✓ Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer +/ Kelly Galloway Assistant to the City Manager VZ Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director l/ Victoria Klehn Librarian Mayor City Secretary g —W - cp'i Date Fund Water B Sewer Department Billing/Collections Increase the following account(s): 50.61400.6742 Motor Vehicles Amount 2275.00 50- 61400.6355 Vehicle 8 Equipment R & M 2,901.00 70.21 -00.6366 Rental Equipment 1 70.21 -00.6720 Bldg$ Fcdmes &Grounds /roj'�d: Date Clly, Manager a� Decrease the following account(s): 50-61 -00 -6275 Water Maim &Boxes Amount 3,775.00 50-61 -00-6128 Workers Compensation 1.401.00 70.21 - 00.6350 Bldg/SUUCtveImprovements 5,400.00 70. 21400.6747 Radio & Radar Equipment 2.500.00 70.21 -00.6210 Office Supplies 700.00 Justification for amendment with course of action If amendment Is notapproved: Renovate maintenance truck for the meter department. Remove utility bed and replace with 300600 Beet side bed due to truck being unable to support utility bed. Unexpected transmission 200.00 repairs on both meter tacks. Dx• e necessitated due to 911 operations oat• Manager ate Fund MCML Central Dispatch Department Central Dispatch Increase the following account(s): 70 -21 -00.6220 Rfscellaneous Supplies Amount _ 300400 70.21 -00 -6333 Training and Travel App 70.21 -00.6366 Rental Equipment 1 70.21 -00.6720 Bldg$ Fcdmes &Grounds /roj'�d: Date Clly, Manager a� Decrease the following account($): 70.21-00.6406 Contingency Amo 3.000.00 7D.21 -MB312 Consultant Services 800600 70.21 - 00.6350 Bldg/SUUCtveImprovements 5,400.00 70. 21400.6747 Radio & Radar Equipment 2.500.00 70.21 -00.6210 Office Supplies 700.00 70- 21-00-6128 Workers Compensation 300600 70 -21-00 -6231 Wearing Apparel 200.00 Justification for amendment with course of action If amendment Is not approved: Unanticipated costs associated With equipment rental In addition Dispatch office remodeling Dx• e necessitated due to 911 operations oat• Department Head Requesting amendment Approve Depayyrtme Head Requesting amendment App Increase the following account(s): //nJJt /roj'�d: Date Clly, Manager a� �- oat• City Manager Dat• Funds Available: Approved by Council: Funds Available: Approved by Council: Justification for amendment with course of action If amendment Is not approved: Unb eted radio purchase for City Managers 600 mhz radb. 121,1 9- -3 -S7 _ -_._ 9- a'.9'1 City Trea er oau Dx• Cityar Da. oat• � 1 LJ BUDGET AMENDMENT REQUEST FUND: General DEPARTMENT: Police Increase the following account(s): Amount: 6747 Radio and Radar Equipment $1.000.00 Decrease the following account(s): Amount- 6400 Special Programs $1,000.00 Justification for amendment with course of action If amendment Is not approved: Unb eted radio purchase for City Managers 600 mhz radb. Department Head Appovad: Requesting, Amendment: Date Manager ate Funds Available: Approved by Coundh dir me urer Data Date Fund MCML Solid Waste Department MCML Solid Waste Increase the following accoun 71_33-00 -6111 Overtime 71 -33- 00-6393 Conlmclual S.,Acee U 61he following account(s). 15 Extra Help Justificatlon for amendment with course of action If amendment Is no (approvetl: Contracted service to Nelson Services instead of using City e ployees Department Head Requesting amendment Approved: Da• City Manager pat. Funds Available: Approved by Council: City Treasurer pat, o.t• y BUDGET AMENDMENT REQUEST // Fund /JGrr��n n1� Department iii nQC +�- O / -ij. oo Increase the following account(s): Amount UJ'XC UAa x ' COO, 0 Decease the tot ing accounts) Amount sae}00 -6126 workers Compensation 5896242 50.6}00.8]55 wafer DisMbution Lines 5300000 spo-7oul 59.982.02 Justification for amendment with course of action if not approved: Line items need to be cleaned up. De: b t Head 11-. tirp Amendment ApOrOV Date Cny Manager Dat , FurWS Av "tab"le: Appv d oy Cqunl: �! g�am" u N.Im City Tredture, Date � s f9 - BUDGET AMENDMENT REQUEST ✓� Fund C Cbx �ilpi,.; /,¢d. Department CC.cyc. aul zr 7S0,0 -oC Increase the followingfollowing accaunt(s): Amount 393 - (�aaCQcc>C/ ��TCGa ,:,rr ,following ac ount(s). gm0unt Decrease the following account(s): 0 IJLftlAl; v/ ri/ �Tr, ✓.:� i.000CJ �I �•XGi. Justification for amendment with course of action if amendment is not approved: Justification for amendment with course of action if amendment is not eyw. -if: D 1,1 Head Requesting amendment Oat. Approved: City Manager Dale Deparment Head Requesting amendment 0.1. Amount d COGGC% _/ 60C .Co oo.00 Decrease N Approve : City Manager pat, Funds Available: Approved by Council: Funds Available: Approved by Council: City Treas rer Date l/ „ -._ City Trea urer BUDGET AMENDMENT REQUEST - 1997 Amount 108.00 Fund: Water Department 50 63 -00 W d 3 Onunhution 3,800.00 Amount Increase the Igllowinp account(s): 50 433 -00 -6111 Overtime $3,00000 50-63 -00 -6116 Educational Ceni6wlion $50000 508}00-0220 _ Miscellaneous supplies 330000 Amount 506300.8236 Foods Sa0000 31908.00 50.8 }00-8247 Water d Sewer Mains $3"5202 50.a3oafiS61 Sewer Taos $15000 546}006285 Suopl,eslhLnor TOalsd EO p I 5150000 50.83- 00.62]0 Equipment Maintenance d Rein, S30000 546300.6274 Safety Equipment 31000 --otal $9,962.42 Department Head Requesting amendment Approved: Da• City Manager pat. Funds Available: Approved by Council: City Treasurer pat, o.t• y BUDGET AMENDMENT REQUEST // Fund /JGrr��n n1� Department iii nQC +�- O / -ij. oo Increase the following account(s): Amount UJ'XC UAa x ' COO, 0 Decease the tot ing accounts) Amount sae}00 -6126 workers Compensation 5896242 50.6}00.8]55 wafer DisMbution Lines 5300000 spo-7oul 59.982.02 Justification for amendment with course of action if not approved: Line items need to be cleaned up. De: b t Head 11-. tirp Amendment ApOrOV Date Cny Manager Dat , FurWS Av "tab"le: Appv d oy Cqunl: �! g�am" u N.Im City Tredture, Date � s f9 - BUDGET AMENDMENT REQUEST ✓� Fund C Cbx �ilpi,.; /,¢d. Department CC.cyc. aul zr 7S0,0 -oC Increase the followingfollowing accaunt(s): Amount 393 - (�aaCQcc>C/ ��TCGa ,:,rr ,following ac ount(s). gm0unt Decrease the following account(s): 0 IJLftlAl; v/ ri/ �Tr, ✓.:� i.000CJ �I �•XGi. Justification for amendment with course of action if amendment is not approved: Justification for amendment with course of action if amendment is not eyw. -if: D 1,1 Head Requesting amendment Oat. Approved: City Manager Dale Deparment Head Requesting amendment 0.1. Amount d COGGC% _/ 60C .Co oo.00 Decrease N Approve : City Manager pat, Funds Available: Approved by Council: Funds Available: Approved by Council: City Treas rer Date l/ „ -._ City Trea urer BUDGET AMENDMENT REQUEST - 1997 Fund : Water Depa hhenl: 50 62 -00 Wasteweler Trcatmenl Increase the folh$wbl0 acrounl(s): Amount 50 62.00 6111 5062 - 006210 Oventime General Odice SUppie S7,000.00 515000 5062- 006220 Mnallan .... ..ppl es 5100 Op 5082-008238 Foods 520000 5082 -W 6158 Cnemtcsts d Insedtades SS 000.00 5082- 006766 Renlal ES.'ehn— 51000W 5062. 006768 Uniform Renlal St 00000 5062 -00 fi7T1 Dues& Memberships 55000 5082 -006799 51090 Management 5100000 5082 - 006)20 —unrvs lodures G—hel. 581500' —01.1 Decrease the l011oMn0 accounl(s) 5062. 006115 Extra Mela SIg115.00 Amount 5700000 5062.00621! MaOaines M p6 &B ks 525000 5062M6271 Weannil Aposhl 520000 5082- 0067d8 .— oun E1edn.d 7 5888500 s/6,ns.ao Justirpron for urentlment wan course.(.ciao it not approved: Overtime is excessive due to injured employees. Dep hrne� Head Requesting Amendment %V7 p F -29 -s � Data FUMS Avaiiable: lay tni tle Gly TrcaS ter Date Approved: Manager Data 1 Approved by Council: Jf�a9 -N'� le CITY OF NEDERLAND OFFICE OF ASSISTANT TO THE CITY MANAGER BUDGET AMENDMENT REQUEST Fund: General Department: personnel (01 -16) lau= L119 f II Amount 01- I6W- 6743(Capital Outlay- Fumiturc, Fixtures, Office Equipment) 5961.12 Decrease the f II � g tr - r Amount 0 1 - 16-00-6400 (Contractual Servica.Special Programs) S961.12 justification to, limciadment '"Me 'i"Ction jr.mendmenLis BQI Approved- This amount was for one item (rite cabinet), which was ordered at the end of the 1995 -1996 fiscal year. Howcvtt, the City was not invoiced until after October i, 1996. Therefore, the Finance Oil - credited the purchase during the 19961997 fiscal year. Department Head Requesting Amendment Approv by. ,,, t},au•v.4 Y- f9 -9"i ,,�,z Asstv t the City M agcr Date ti -city Manager Date Funds Available: Approved by Council: 9991 City Treas4— Date Dale Fund GENERAL Department LARKS & RECREATION Increase the following account(s): 6744 Miscellaneous Equipment Amount 2B9 Decrease the following account(s): 6111 Overtime 289 Justification for amendment with course of action H amendment Is not approved: Deparment Head Requesting amendment App n-cl; City Manager Date Funtl. A"Ilable: Approved by Council: cnyrre] ufer pat. `� nm BUDGET AMENDMENT REQUEST Fend GENERAL papas ast_Ubran lncrease the Qjn in8 account($): Arount . 61norT I ol- Sa- 00 -6)J F F' II M _ Dccrcue the fallowin5 ar<oumis): 01- 5 <- 006»' M.wnt 01 - <S.p0 -673` Poz It F h 1 2 <z lI 01.56-0Od;i] Ad rP bl' N 61- <S.Op -6;'8 Pin nv d: Bind' . 7342 t n4.. pins.pp�J <d . Bm t5 1 311.55 01- 55-00.6]55. vibids a Fe 5 Al 9740 5"o 00 . 5T lush fication for amerWmem with court of anion if amend —nn is not approved: Mil To baiana heya,..,�pd red'xri b fi d. Desna b d M f hot r nml. na veM1�cle and oun, �t m ' decision no[r rtrnd ALA Cenfere„ocen eni wt •hoots M1 n lrl' N. id be lid --- w•...--. -. prime held bvro .which rco' d IrF� ill be edf ltlw L addui not nnvl brary ro bud I >IM 1! 1 h I f 4 Depamnmt Head Ru,uenin8 amendment Approved Ciry \fanaam ✓.& >/ 'raf[ R � • 7 Fund Availsl,j: Approved by Ci, Council: Fund Water B Sewer Fund Department Water Treatment Increase the following account(s): 50 -60 -00 -6256 Chemicals B Insecticides Amount 39,500.00 50 -60. 00.6258 Motor Vehicle S- ---" -a 350,00 Fudurea b Office Equipment 150.00 V743,.Fumlbure, —lowing !LUei+ 9a4� S; �(! C R -a?.v,) account(s): 50-80- 046128 Wodcera Compensation Amount 5,200,00 5450-045231 Weanng Apparel 400400 50. 60-045324 Laboratory Testing 1,000.00 50_60- 046332 Postage 8 Freight 85,00 50.504*6349 Nature) Gas 400,00 5484046381 Fixed Plant Equipment R b M 8,100.00 50- 6404W68 Rental Equipment 850.00 5460-046404 Untreated Water 8,000.00 549400 -6400 Continxlency, 15.965.00 Justification for amendment with course of action if amendment Is not approved: Normal budgeting wall disrupted by abnormally high chemical usage due to poor quality of raw water If budget amendment is no( approved we would have to cease treating water in early to mid September. Please refer to Me attached memorandum from Robed Sangster explebtng. Departm(en�nt Head Requesting amendment Approved; pm. City Manager pate BUDGET AMENDMENT REQUEST - 1997 Fund: General DeparUnent 01 32 -00 Coy Shop Amount Increase the following accoun(s) Of 3p- 0091st overtime f1.00000 0139.006222 Motor VeNtle Fuel fe00.pp 01 3n A06258 Motor Vehicle Supplies 356.12 SubT.tal 31,858.12 Decrease the following account(s) Amount 0132006128 Won," comp" sation 31.858.12 SbTotal $1858.12 Justifiratian for amendment with course of action if not appmved: Normal budgeting was diMpleo by Ice stone. Depa/M1�f�f He ad Requ<stin Amendment Approved: Oat< rty Manager Dace Funds Available: Approved by Council: F,ids Available: Appoved by Council. / C diisr,Q��l'1[� !% 4-r17 � E'� !LUei+ 9a4� S; �(! C R -a?.v,) CIY Trea rer Data Dat< City Treasurer Data y V.I. BUDGET AMENDMENT REQUEST BUDGET AMENDMENT REQUEST Fund General Department Fire - Rescue Fund General Department City Hag Increase the following account(s): Amount Increase the following account(s): Amount 01 -22 -00 -6222 -Motor Vehicle Fuel It 500.00 01 -19. 046743 Furniture Fixtures. GRce Equipment 860.00 01 -22 -01 -6744 - Miscellaneous Equipment (Volunteers) .S 402.51 01 -22 -01 -6747 - Radio i Radar Equipment (Volunteers) S 576.00 Amount Decrease the following account(s): Decraase the following account(s): Amount 01 -22 -00 -6128 - Worker's Compensati— $ 500.00 01- 19.OM31 Telephone 860.00 01 -22 -01 -6274 - Safety Equipment (Volunteers) $ 402.51 01 -22 -01 -6355 - Vehicle 6 Equipment Repairs {Volunteers) $ 576.00 Justification for amendment with course of action if amendment is not approved: Justification for amendment with course of action If amendment Is no(approved: Trophy case for City Hell Depamlent Head Requesting amendment Approved: ant Head Requesting amendment Approv d: (. _ X-z y - 57 ,, ,1_ , 1�9�y/S;7 Z &Z'Z? Dal. ety Manager 0.1. pat. City Manager 0ate Funds Available: Approved by Council: Funds Available: Approved by Council: //���� aa �i3 �l7 � _ . 1`'z% n &&,.zAQl, Q - -3 q y ���. 9 -�' 4� City Treasurer Date , City Tfe3sufer Date ties• 1 Fund General Department Stree Increase the following account($): Amount 01.31 -00 -6121 Group Insurance 1,634.00 01 -31 -00 -6124 TMRS 4,366.00 Decrease the lollowing accounrys): Amount 01- 31-00-6730 Street Improvements 6,000.00 Justification for amendment with course of action If amendment Is not,approved: Unumbapated insurance increase. Additional benefit costs assodated with hi her overtime due to Ice storm. Depart amendment Approved: pee City Manager pate Funds Available: / Approved by Council; /� City`- Treasurer pee . pee BUDGETAMENDMENT REQUEST Fund General Department Police Increase the following aeeaunl(s): 01 -21 -00 -6220 Miscetlaneous Suopl'es Amount 200000 Decrease the following account($). 01,21-M6400 Spedal Programs Amount 100000 01.21- 00.6222 Motor Vehicle Fuel 1.000.00 Justification for amendment with course of action If amendment Is not approved: Budget over -run ' BUDGET ANIEND31ENT REQUEST- 1997 Fund: General Depanment: 01 31.00 Street Depatment Decrease the !allowing account(s) Amount 0131 - 006128 Work<rs Con nsalion 516,871.81 0131-006248 SlreetE SnCae SUppres 8700000 0131 -006248 Stortn Sewers 8350000 0y 71- 006]$7 street SrnpinC 3300000 Ot 31 00 6730 Street Improvements $6 87a 49 -e -Total $37.250.00 Justification for amendment with course of action if not approved: Normal budgeting was disrupted by ice storm. 71n� /M7.l.d Requesting Amendment Approv �t1� rf'Z9- n7�5/'1/t7 Date Gry Manager Date FFnundnys� Available^�^ Approved by Council:�/ I�t'rF PA d -L 9'�eG,7 / C 91 Cny Trees D t Dale BUDGET AMENDMENT REQUEST Fund General Department Fire- Reseue Increase the !allowing account(s): 01 -22 -00 -6393 - Co-tractual Services Amount 51,650.00 Decrease Ne following account($): O1 -22 -01 -6231 - Wearin A narel Amount 01 -22 -01 -6236 - Foods $ 450.00 T-1 00.00 01 -22 -01 -6265 - Sureties / Minor Tools 6 Equipaent 01 -22 -01 -6314 S 600.00 Medical Services S 500.00 Jus6rica6an far amendment with course of action if amendment is net approved: To c e aes aid to the volunteer firefighters 'or r and drills over that W e not nbudee ted in the 1996 -97 fiscal budget. Department Head Requesting amendment Approved: Depanment Head Requesting amendment Approved: ,CS 'O /r../ �%��•L— 57 8/25/97 oat• City Manager oats Dat. Ity Manager Drt. Funds Available: Approved by Council: Funds Available: Approved by Council: -<. surer Treasurer 4- Decrease _ Fund General Department Parks & RRerrealion Increase the following account(s): 01 -51 -DO -6393 Contractual Services Amount 2,200.00 sae the following account(s). --- Amount -00.6265 Supplies/Minor Tools 8 Eg 'pme t 2,200.00 Justification for amendment with course of action If amendment Is not approved: "H -a- in Ueaining sery ce fee and entrance rug fee Department Head Requesting amendment Approved: J Increase the following account(s): Data City Manager D,ts Funds Avalfabfe: 01-22 -00 -6743 - Furniture, tore, eixtur a office Approved by Council: 2600W equipment 51,625.00 City Trees wta Decrease the following account(s): 01 -21.00 -6391 Support of Animal Sheller Date 01 -22 -00 -6120 - Worker's Compensation Amount 01 -21.00 -6274 Safely Equipment 50000 BUDGET AMENDMENT REQUEST BUDGET AMENDMENT REQUEST- 1997 Fund: Genera; Department: 01 30.00 Public Works Adminislra! ;.n Increase the following account(s): Amount 0130. 006236 Foods $205.00 EuD.Tolal 5205.00 Decrease the fallowing accounl(s) A—rt 01 30-00 6111 Overtime 2100.00 01 30.00 8212 Books a Publipticna $105.00 6ub7otal 5205.00 Justi6ratmn for amendment with course of dion if not approved: Normal budgeting was disrupted by Ire stone. De r 1 Head Requesting PmeMmeni Approv Date C5y Manager Date F/u�ndn�s Available: Approved by C.undl: Coy Treasurer Dale a� ro BUDGET AMENDMENT REQUEST Fund General Department Police Fund General Department Fire - Rescue 'he '..I. '.I. account(s): Increase the following account(s): 01- 21.00 -6355 VehiUe Equipment RepeirB Ma nl ce Amount 01-22 -00 -6743 - Furniture, tore, eixtur a office Amount 2600W equipment 51,625.00 Decrease Ne following account(s): Decrease the following account(s): 01 -21.00 -6391 Support of Animal Sheller Amount 01 -22 -00 -6120 - Worker's Compensation Amount 01 -21.00 -6274 Safely Equipment 50000 f1, 625.00 2,300.00 Justification for amendment with course of action If amendment is n t Jus66ca6an nor amendment with course o(aclion if amendment is not approved: o ntneedatl: Emer a fundin for re la:ement of fire de Highmil —, police veh'des that 9au re moelepa' eM rA Wier ea 'pmentn ededb partment computer that ma�nta��,,,�r,...e—i„_ has crashad- Dr'.ent Head Requesting amendment APPr.ve Department H d q esting amendment Approved: V_ 1c. 6,5,97 r� -fis� Data City Manager Dale Dat• City Manager One Funds Available: Funds Available: Approved by Council: Funds by Council: C!> G Alf, �1 Ass 7 F/f City Tr surer Fund .L'iJ/l2ll --- _.. -.. Department Ok /A -00 the following account(s): Fund 6.. rVZ4 r ry. Department &*?V. oalplgjjgA. '75:00. 00 Increase the following account(s): Amount Invease the following aeeount(s): Amount -l.I&Xt2 ,Qrr1.iAQ,rc J __Contractual 3�i7CL, /1 6222 8222 __- Motor Fuel Amount Amount Decrease Na !allowing accounts : - Decrease Ne ollow ng aaounl s : 10333 rsu.w V d , t�' oo.00 Imo- L1n. 6s tet ;, COO.L U 1377' 7'77 L .J/, 337- , /r�urOfi' �ao.o: Justification for amendment with course of action if amendment is not'4proved: - Justification for amendment with course of sell.. if amendment is not approved: Deparment Head Requesting amendment oat. Approved: City Manager 'C/ Funds Available: Approved by Council: i E'e /,✓ v'3 y� City Trea urer Date �- oat. BUDGET AMENDMENT REQUEST FUND: General DEPARTMENT: Police Increase the following account(s): Amount 8743 Furniture, Fixtures and Office Equipment 64,100.00 Decrease the following account(s): Amount 6274 Sale ty Equipment S1 950.00 8384 Prisoner Cost 500.00 __Contractual Services 5150.00 6222 8222 __- Motor Fuel Justification for amendment with course of action If amendment is not approved: Unexpected purchases. Department Head Approved: RRequeeesstting Amendment: Date y Manager Date Funds Available: Approved by Council: �a9�G� /9 sib 9bS� biry Trea urer Date Date Deparment Head Requesting amendment Approved: .f%7%l/57 Data 'City M ... ger Funds Available: Approved by Council: on ;r- City Treaturer Dai 7afa BUDGET AMENDMENT REQUEST Fdnd General Department Fire - Rescue Increase the following account(s): Amount Acct. #01 -22 -00 -6744 - Miscellaneous Eg ip t 735.00 Decrease Ne following account(s): Amount Acct. 101 -22 -00 -6355 - Vehicle a Ea i e Re_,_ ]a<,00 Justificadon far amendment wit course o! action if amendment is net approved: Ec,ergency Light ine 2 Deparment He questing amendment Approved: Daa Ciry Manager ort66e Funds Available: Approved by Council: Cry Treasurer oat. ORDINANCE NO. 1997 -12 AN ORDINANCE AMENDING THE 1996 -97 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 1996 -05 which adopted the 1996 -97 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to make additional expenditures as are set out in Attachment "A" attached hereto; and, WHEREAS, the 1996 -97 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1996, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1996 and ending September 30, 1997, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council." WHEREAS, it has been determined that such funds are available and can be used for the expenditures as are set out in Attachment "A" attached hereto; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for 1996 -97 fiscal year is amended to allow the expenditures as are set out in Attachment "A ", provided such expenditures are made from the contingency account as set ' forth in Ordinance 1996 -05 adopting the budget for 1996 -97. 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 amendment 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 —L DAY OF SEPTEMBER, A.D., 1997. Homer Nagel, Mayor t� City of Nederland, Texas ATTEST: J�C- t�crv_y6tl_X C!]�ip LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City A omey City of Nederland, Texas BUDGET ORDINANCE AMENDMENT - ATTACHMENT A GENERAL FUND I Amend General Fund by appropriating unencumbered funds remaining at 9 -30 -96 in the amount of $ 136,753.00 and increase line items as detailed below. City Hall Increase 01 -19 -00 -6720 Bldgs, Fixtures & Grounds $85,859.00 Costs to replace City Hall air conditioner and repair leaking roof. Amounts were budgeted in previous fiscal year, however, work was not completed until 96 -97 fiscal year. Legal Increase 01 -12 -00 -6313 Legal Service $ 4,000.00 Unanticipated legal costs incurred in fiscal year. Fire Increase 01 -22 -00 -6111 Overtime $ 11,000.00 Unanticipated overtime costs due to injuries and illnesses Increase 01 -22 -00 -6121 Group Insurance $ 6,033.00 Unanticipated insurance increase Public Works Administration Increase 01 -30 -00 -6121 Group Insurance $ 1,254.00 Unanticipated insurance increase. City Shop Increase 01 -32 -00 -6121 Group Insurance $ 1,967.00 ■ Unanticipated insurance increase. Other Requirements Increase 01 -90 -00 -6406 Contingency $26,640.00 Additional property insurance added to cover uninsured properties WATER & SEWER FUND Amend Water & Sewer Fund by increasing revenues and increasing line items as detailed below: REVENUES: Increase 50 -00 -00 -4834 EPA Fee $ 180,000.00 Increase 50 -00 -00 -4900 Contribution from EDC $ 250,000.00 City Council approved a sewer rate increase effective January 1, 1997 to pay for the Sanitary Sewer System Evaluation Survey. In addition, the Nederland Economic Development Corporation authorized funds for the survey. Increase 50 -00 -00 -4610 Interest Income $ 147,700.00 Interest income on proceeds of Certificates of Obligation, Series 1996 bonds. EXPENSES: Sanitary Sewer System Evaluation Survey Increase 50 -65 -00 -6393 Contractual Services $ 430,000.00 Survey mandated by regulatory agency for sewer system improvements. ' Other Requirements Increase 50 -90 -00 -6800 Interest $ 147,700.00 Interest expense due on Certificates of Obligation, Series 1996 bonds issued December 1996. LJ 1 1 SOLID WASTE FUND Amend Solid Waste Fund by appropriating unencumbered funds remaining at 9 -30 -96 in the amount of $194,374.00 and increase line items as detailed below. Solid Waste Increase 52 -33 -00 -6111 Overtime $ 41,000.00 Increase 52 -33 -00 -6115 Extra Help 26,250.00 Increase 52 -33 -00 -6121 Group Insurance 2,124.00 Increase 52 -33 -00 -6222 Motor Vehicle Fuel 8,500.00 Increase 52 -33 -00 -6390 Waste Disposal 65,000.00 Increase 52 -33 -00 -6397 Green Waste Disposal 45,000.00 Increase 52 -33 -00 -6744 Miscellaneous Equipment 6,500.00 Normal budget was disrupted by ice storm in January 1997. MCML CENTRAL DISPATCH Amend MCML Central Dispatch Fund by appropriating unencumbered funds remaining at 9 -30- 96 in the amount of $ 5,490.00 and increase line item as detailed below: Increase 70 -21 -00 -6720 Bldgs, Fixtures & Grounds $ 5,490.00 Remodeling to dispatch office necessitated due to 911 operations. ORDINANCE NO. 1997 -13 ' AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $6,277.77 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9 -30-97 IN THE CITY OF NEDERLAND. WHEREAS, Generally Accepted Accounting Practices require that uncollectible accounts receivable be written offto reflect accurate revenues; and, WHEREAS, Based on auditor recommendations it is desirable to present uncollectible accounts to be charged off, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The City of Nederland's book of accounts of the Water Billing/Collecting Department are hereby corrected to reflect the following charge -offs for fiscal year 1996 -97 in the amount of $6,277.77 as set forth in Attachment "A." Section 2. Charge -offs affected by this Ordinance are for accounting purposes only and are not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no way be construed to waive or discharge or dispense with the continued application of Section 106 -30 of the Code of Ordinances concerning the accounts hereby affected. THAT this being an ordinance not requiring publication, it shall be effective from and after its passage. ' PASSED AND APPROVED BY THE CITY COUNCIL OF/ THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 8 day of �ha4jb.-� (NA , A.D., 1997. omer Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cit Attorney City of Nederland, Texas 1 1 1 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF 1 -01- 00340 -02 $16.32 1 -01- 00440-00 73.54 1 -01- 00480 -02 54.89 1 -02- 00010 -02 28.72 1 -02- 01070 -02 81.10 1 -02- 02060 -02 140.40 1 -02- 02100 -01 171.59 1 -03- 00360 -01 30.99 1 -03- 02590 -00 59.25 1 -04- 01190 -00 28.72 1 -04- 01200 -01 50.00 1- 04- 01380 -02 4.11 1 -04- 01630 -03 50.49 1 -04- 03030 -00 93.38 1 -05- 00150 -00 93.29 1 -05- 00310 -00 38.33 1 -05- 00430 -00 70.70 1 -05- 01530 -01 114.80 1 -05- 01710 -01 3.67 1 -05- 01730 -02 84.25 1 -05- 02030 -00 5.76 1 -05- 03530 -01 19.81 1 -05- 03580 -01 9.88 1 -05- 03670 -00 120.28 1 -05- 03951 -02 25.25 1 -06- 00060 -00 476.46 1 -06- 01650 -02 31.87 1 -06- 02710 -01 94.64 2 -07- 02070 -00 28.97 2- 08- 01070 -01 94.33 2 -10- 01130 -01 109.41 2 -11- 01570 -01 147.01 2 -11- 02130 -00 146.10 2- 12- 00160 -01 2.29 2 -12- 00240 -02 50.49 2 -12- 00280 -00 70.39 2 -12- 01030 -02 28.72 2 -12- 01059 -00 22.94 2 -12- 01210 -01 86.22 2 -12- 01480 -00 2.37 2 -12- 01540 -00 28.72 3 -13- 00350 -00 258.51 3 -13- 02110 -00 57.44 3 -14- 00150 -00 363.33 3- 14- 00480 -00 160.50 3- 14- 01580 -03 49.86 3 -15- 01090 -02 112.68 3 -16- 00850 -01 152.05 3 -16- 02440 -0^ 142.45 3- 17- 00550 -00 197.20 3 -17- 00560 -01 39.66 3- 17- 00600 -01 28.72 3 -17- 00840 -00 10.84 3 -17- 01120 -01 54.66 3 -17- 01530 -00 42.78 3 -17- 01590 -02 33.23 3 -17- 01600 -03 24.40 3 -17- 01660 -00 67.00 PAGE 1 OF 2 1 J J PAGE 2 OF 2 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF 3 -17- 01990 -01 15.84 3 -18- 00700 -03 214.05 3 -18- 02000 -00 22.37 3 -18- 02240 -01 67.84 4 -19- 00280 -01 53.77 4 -19- 00860 -01 225.65 4- 19- 01430 -02 41.32 4 -19- 01470 -03 77.09 4 -19- 01900 -00 28.72 4 -20- 00510 -00 143.70 4- 20- 00650 -04 53.32 4- 20- 00950 -00 88.93 4 -20- 02040 -03 15.22 4 -20- 02040 -04 76.51 4 -20- 02170 -02 324.41 4 -21- 02390 -00 37.43 4 -21- 02490 -01 9.79 4- 22- 01150 -00 22.10 4 -22- 02850 -01 36.63 4 -23- 01840 -01 37.32 $6,277.77 I- l L u 1 � I SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. September 8, 1997 MEETING The meeting was called to order at 5:30 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. PUBLIC HEARING The special meeting was recessed and a Public Hearing was called to order at 5:31 p.m. by Mayor Nagel for the purpose of receiving comments regarding a possible Community Development Block Grant Program amendment to include water improvements in the 2nd Street/Atlanta Avenue neighborhood. Randy Blanks, David J. Waxman, Inc., informed the Council that the Public Hearing is required by the State in order to satisfy their requirements in the process of applying for an amendment. He added that there are funds remaining from the 1994 CDBG project on Hilldale, and due to the fact that we were unsuccessful in obtaining a grant for the 2 "d Street/Atlanta neighborhood we are petitioning the State to allow us to do water line improvements in this area with these funds. Mr. Blanks stated that the State will review the documents prior to granting approval of the amendment request. He said that we should receive an answer within the next 3 -4 weeks. ADJOURN There being no questions and /or comments the Public Hearing was adjourned and the special meeting was reconvened at 5:40 p.m. by Mayor Nagel. RECESS The special meeting was recessed at 5:40 p.m. by Mayor Nagel. RECONVENE The special meeting was reconvened at 6:00 p.m. by Mayor Nagel. Minutes continued, September 8, 1997 PUBLIC HEARING The special meeting was recessed and a Joint Public Hearing with the Planning and Zoning Commission was called to order at 6:01 p.m. by Mayor Nagel for the purpose of receiving comments regarding a request to re -zone the 2900 -3500 blocks of Nederland Avenue from residential to commercial. Mayor Nagel stated that the Planning and Zoning Commission held their meeting on the proposed re- zoning on August 7, 1997. At this meeting the Commission voted to approve the re- zoning from residential to commercial. Mayor Nagel announced that he will call citizens wishing to speak to the Council to the podium one at a time and will alternate between "for" and "against" until all have had an opportunity to speak. Jeff Pope, 205 - 9' Avenue, "for ", stated that he owns two lots located in the 3300 block of Nederland Avenue, and since he has been unable to sell the property because it is zoned residential he approached the Commission to request that it be changed. Mr. Pope feels that due to the high traffic on Nederland Avenue it is more suitable for businesses rather than homes. Jhan Echols, 3212 Avenue A, "against', asked that the Council keep an open mind regarding this change until all citizens have had an opportunity to voice their concerns. Mr. Echols presented the Council with photographs of different business areas in Nederland showing garbage dumpsters and trash. He feels that if businesses are allowed to locate directly behind his home that he will be subjected to odors, noise, and more traffic. William Rose, 3417 Nederland Avenue. "for ", stated that he has been trying to sell his home for over two years and the only prospects he has had were from business owners. He feels that the reason no one wants to build homes on this street is because of the traffic and the danger it presents for children. John Willey, 3304 Avenue A, "against', feels that if businesses were allowed to locate directly behind him then he would be the one having difficulty selling his home. He is also concerned about the potential odor and noise factors that could be generated as a result of certain businesses. Ruth Samford, 3205 Nederland Avenue, "for ", has a home and two additional lots here and sees no problem with the change. Minutes continued, September 8, 1997 Gerald Hammock, 3219 Avenue A, "against ", feels that if businesses are allowed to build behind him it could create more traffic and noise on his street. Clayton Daenen, 2001 Jefferson, Port Arthur, "for ", owns two lots in the 3300 block of Nederland Avenue, stated that when he purchased these lots he was informed that the deed restrictions setting it at residential would expire in 1983 and it would be changed to commercial at that time and he believes the owners have waited long enough. He added that it would be an asset to property owners along Nederland Avenue, as well as the City, to re -zone the property. James Butaud, 3008 Avenue A, "against ", concerned as to what type of business would be constructed behind his home and was afraid that he could be faced with a wrecking yard being located there. He also was concerned about odors and trash. Louise Buzzingham, 3403 Nederland Avenue, "for ", feels that Nederland must be allowed to grow and believes the zoning change could help accomplish this. Robbie Ellis, 3213 Nederland Avenue, "against ", stated that he lives LA Is on Nederland Avenue and has two small children and his family L enjoys this area of town. He would rather more nice homes be located here instead of businesses and feels there are already too many vacant buildings on this street. Harold Guilbeaux, 311 Buckingham, Port Neches, 'for ", stated that he also owns lots on Nederland Avenue and has been unable to sell them due to the zoning. He added that the only prospects he has had were from potential buyers wanting to build professional businesses. Brad Pennison, 2914 Avenue A, "against ", agrees with others who are against the re- zoning. He feels there is a family atmosphere in this area now and would like for it to remain that way. Victor Ramirez, 3018 Avenue A, "against ", feels that neighbors here genuinly care about one another and would like that feeling to continue. Judy Gauthier, 3312 Avenue A, "against ", also agrees with others that are against the change. Mayor Nagel thanked everyone for their comments. He explained that this is a difficult situation to vote on, but the Council is responsible for making the decisions that are in the best interest of the city. He added that this is the first time that this issue has come before the Council in over 14 years and feels that it has been unfair to the people who own lots on Nederland Avenue and were told at the time they purchased them that it would be changed to commercial. RECONVENE The Public Hearing was adjourned and the special meeting was reconvened at 6:40 p.m. by Mayor Nagel. REZONING Mayor Nagel asked each Council member for their thoughts on the issue. All members responded favorably to the rezoning request. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the request to rezone the 2900 -3500 blocks of Nederland Avenue from residential to commercial. All Voted Aye. ADJOURN There being no further business the meeting was adjourned at 6:55 p.m. by Mayor Nagel. omer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Sec City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Gallc ,iay Assistant to the City Manager Steve Ham;ition Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Mayor CII A City Secretary g - q'1 Sall Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 7 6:00 p.m. September 22, 1997 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the special meeting of September 8, 1997 and the regular meeting of September 8, 1997 as written. All Voted Aye. LIBRARY A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a contract with the Texas State Library and Archives Commission for construction of the new library. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1997 -13, nominating Charles Lankford to the Jefferson County Appraisal District Board of Directors. All Voted Aye. FIRE Philip Klein, Public Information Officer for the Nederland Volunteer DEPARTMENT Fire Department, Inc., announced that the Volunteers would like to donate a Fire Safety House to the City of Nederland Fire Department and dedicate it to Fire Chief Mike Lovelady. He added that it will benefit all the children in the community by teaching them the importance of fire safety. The estimated cost of the Fire Safety House is $35,000. Duke Youmans, NVFD, Inc. President, presented the keys to Mayor Nagel and the title to Cl-'-- Lovelady. Mr. Youmans stated that they appreciate the opportunity to be able to make this donation to the City. Mayor Nagel and Chief Lovelady on behalf of the City and the citizens of the community expressed their gratitude for this generous donation. Minutes continued, September 22, 1997 RECESS The regular meeting was recessed at 6:15 p.m. by Mayor Nagel in order to allow the Council to tour the Fire Safety House. RECONVENE The regular meeting was reconvened at 6:23 p.m. by Mayor Nagel. FIRE A motion was made by Mayor Nagel and seconded by Councilman DEPARTMENT Nugent to accept the donation of the Fire Safety House from the Nederland Volunteer Fire Department, Inc. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution 1997 -14, authorizing two (2) Public Hearings to be held on October 13, 1997 and October 20, 1997 for the purpose of receiving comments on proposed annexation. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone approving an Amendment to Ordinance No. 388, curfew ordinance. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve an Amendment to Ordinance No. 146, zoning ordinance. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for library surplus property to Joe Salvagio in the amount of $26.50 for two mattress and box spring sets and one refrigerator (no bids were received on other surplus property). All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize advertisement of bids for three (3) police cars to be received October 16, 1997. All Voted Aye. A motion was made by Councilman Nugent and seconded by , Councilman Sawyer to authorize advertisement of bids for one (1) automated side loading refuse collection body and truck to be received on October 16, 1997. All Voted Aye. Minutes continued, September 22, 1997 CONTRACTS/ Andre' Wimer, City Manager, stated that BFI, Inc. has requested that AGREEMENTS the Mid County Municipal League sign an amendment to the recycling contract due to a corporate reorganization which resulted in a name change for BFI. He added that the amendment is a change in name only and will not impact the recycling services. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve an amendment to the BFI, Inc. contract for residential recycling. All Voted Aye. PARADES/ A motion was made by Councilman Nugent and seconded by SPECIAL EVENTS Councilman Sawyer to authorize the closing of 17th Street from Atlanta Avenue to Detroit Avenue, and 21" Street from Atlanta Avenue to Detroit Avenue, on September 30, 1997, from 7:00 p.m. to 9:00 p.m. for Nederland High School Homecoming activities. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the closing of 14th Street from Boston Avenue to the alley behind the Fire Station on October 7, 1997, from 5:30 p.m to 8:30 p.m. for Fire Prevention Week activities. All Voted Aye. PAYMENTS Andre' Wimer, City Manager, informed the Council that there is an apparent dispute regarding the invoice submitted to the City by Salenga Construction relative to the street repairs on Avenue H. The dispute involves the removal and disposal of excess debris from excavation. The contract documents state that the removal and disposal of old material is included within the unit cost for construction. Steve Hamilton, Director of Public Works, met with Mr. Croft, Salenga Construction, regarding this matter and they agreed to increase the cost for additional base material from $16 /ton to $19 /ton, which is the price paid by the City, in an attempt to offset a portion of the disposal costs. Mr. Hamilton, upon receipt of the invoice in the amount of $55,361.71, reviewed the charges and increased the base material by $478.86 and deleted the charges for excavation and disposal of excess old material. These changes resulted in a total invoice amount $54,249.98, which is the recommended payment by staff. Mr. Croft, Salenga Construction, stated that they met with representatives of the City at the time of excavation and were informed that the disposal should create no problems with their contract. They felt they were misinformed and should receive the total amount requested. Minutes continued, September 22, 1997 A motion was made by Mayor Nagel and seconded by Councilman Imi IZI Sawyer to authorize payment to Salenga Construction in the amount of $54,249.98 for concrete repairs, and to further investigate the remaining $1,111.73 with a recommendation to be made at the next meeting. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:00 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Robert Miller vs. City of Nederland; and Chapter 551.072, discuss acquisition, exchange, and /or release of property. Mayor Nagel announced that the item for Chapter 551.074, consider appeal of grievance by Maria Fontenot, has been postponed at the request of Mrs. Fontenot until the full Council is present. RECONVENE The regular meeting was reconvened at 7:15 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. PAYMENTS A lengthy discussion was held between the City and Billy Sims, KSA Engineers, Inc., regarding the Water Treatment Plant relative to warranties and ALLCO, Inc's efforts to correct the deficiencies in construction. It appears that the main concern at this point is the leaks above the north window of the control room and in the southwest corner of the lab /control building which appear to be coming from the fluted block and the split face block. Mr. Sims stated that ALLCO has applied Prim -a -Pell to the fluted block and improperly sealed joints and after a recent two inch rain there were no apparent leaks. He added that the Canal Street water tower still does not read correctly on the computer and is in need of recalibration. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to KSA Engineers, Inc. in the amount of $1,252.02, Water Treatment Plant, construction /operational phase. All Voted Aye. COMMUNI- Andre' Wimer, City Manager, stated that the water tower inspection CATION report by Don Reichle, Inc. should be presented at the next meeting. Minutes continued, September 22, 1997 ADJOURN There being no further business the meeting was adjourned at 8:03 I p.m. by Mayor Nagel. /'9- tee.,,.. . Homer E. Nagel, Mayor 61r,a S 2 C LaDonna Floyd, City Secretary 1 1 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 i/ Joe Daughtry Council Member, Ward 2 ✓ Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 / Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief VI/ Cheryl Dowden City Treasurer Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian , �; " � zz 2"� (� ayor A City Secretary 9 -aa Date CITY OF NEDERLAND RESOLUTION 1997 -13 THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City Council of the City of Nederland, Texas, at its regularly scheduled meeting of September 22, 1997, in accordance with the Property Tax Code of the State of Texas, hereby nominates Charles Lankford as a candidate for the Board of Directors of the Appraisal district established for Jefferson County for a two -year term to expire December 31, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15, 1997, in accordance with said Statute. PASSED AND APPROVED this the 0,2 day of t.c�1tnnr ilst t 1997. Homer E. Nagel Mayor (absent) Robert Sawyer Joe Daughtry Council Member, Ward I Council Member. Ward II (absent) Mike Radcliff Council Member, Ward III ATTEST: LaDonna Floyd City Secretary APPROVED AS TO FORM AND LEGALITY: 4 ,_,S 4,t, Richard D. Hughes City Attorney R. A. "Dick" Nugent Council Member. Ward IV ,n II �I i C CITY OF NEDERLAND RESOLUTION 1997 -14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING TWO (2) PUBLIC HEARINGS TO BE HELD ON OCTOBER 13, 1997 AND OCTOBER 20, 1997, FOR THE PURPOSE OF RECEIVING COMMENTS ON PROPOSED ANNEXATION. WHEREAS, the laws of the State of Texas provide that before a municipality may institute annexation proceedings, the governing body must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard, and, WHEREAS, the laws of the State of Texas further provide that in order to comply with the Local Government Code, Section 43.052, a resolution should be passed authorizing two (2) public hearings to be conducted concerning proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT in accordance with Local Government Code, Section 43.052, two (2) public hearings are hereby authorized to be held on October 13, 1997, and October 20, 1997. The public hearings will be conducted at 6:00 p.m. in the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas; and, THAT the City Secretary shall publish notice of the public hearings in a newspaper of general circulation in the municipality and in the area proposed for annexation; and, THAT the proposed annexation area to be considered for inclusion in the city limits is described in Exhibit "A" and made a part hereof. THAT it is further found and determined that in accordance with the order of this governing body the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Office Building, a place convenient and readily accessible to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this the o7Q day of �ialrRsn�X l 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, tZity Attorney City of Nederland, Texas CITY OF NEDERLAND, TEXAS PROPOSED ANNEXATION BEGINNING AT A POINT at the intersection of the Southeasterly right -of- way line of Canal Ave. and the Northeasterly right -of -way line of 27th Street, said point being in the existing City Limits line of the City of Nederland, Texas, and said point being the beginning point of the previous annexation as described in Ordinance No. 326; THENCE along said Southeasterly right -of -way line of Canal Avenue and the existing City Limits line of the City of Nederland, Texas, as described in Ordinance No. 126, S 36'27' W a distance of 3099.38 feet, , to a point for corner in the Northeasterly right -of -way line of U. S. Highway No. 69, 96, & 287; THENCE crossing the right -of -way of U. S. Highway No. 69, 96, & 287 S 36'511 21" W a distance of 407.30 feet to a point for corner at the intersection of the Southwesterly right -of -way line of U. S. Highway No. 69, 96, & 287 and the Southeasterly right -of -way line of Viterbo Road; THENCE along said Southeasterly right -of -way line of Viterbo Road S 36'27' W a distance of 2694.68 feet to a point for corner in said Southeasterly right -o£ -way line of Viterbo Road; THENCE N 53'33' W crossing the right -of -way of Viterbo Road a distance of 50 feet to a point in the Northwesterly right -of -way line of Viterbo Road, said point also being the most southerly corner of Lot 1, Block 2 of the J. D. Ford Subdivision; THENCE continuing N 53'33' W and along the Southwesterly line of said Lot 1, Block 2 of the J.D. Ford subdivision a distance of 110 feet to a point in the West line of said J. D. Ford Subdivision; THENCE N 11 11' W and along the West line of said J.D. Ford subdivision a distance of 895.4 feet to a point for the Northwest corner of Lot 11, Block 2 of said J. D. Ford Subdivision; THENCE N 36'27' E and along the North line of Lots 11, 12 and 13 of Block 2 of said J.D. Ford subdivision a distance of 267.50 feet to the Northeast corner of Lot 13, Block 2 of said J. D. Ford Subdivision, said corner being in the Southwesterly right -of -way line of Holmes County Road; THENCE N 53'33' W and along the Southwesterly line of said Holmes County Road and the extension of said right -of -way line a distance of 5131 feet, more or less, to a point in the centerline of Rodair Gully as found existing on the ground; THENCE Northeasterly along and with the meanders of the centerline of said Rodair Gully as found existing on the ground a distance of 4404 feet, more or less, to a point in the Southwesterly right -of -way line of U.S. Highway No, 69, 96 & 287; Exhibit "A" THENCE Southeasterly along said Southwesterly right -of -way line of U.S. Highway No, 69, 96 & 287 following calls: S 27 °53' E a distance of 423.21 feet; S 28 °47' 55" E a distance of 722.39 feet; S 22 °12' 37" E a distance of 375.13 feet; S 30 °53' 43" E a distance of 695.63 feet; S 39 °41' 20" E a distance of 348.97 feet; S 32 °39' E a distance of 309.09 feet; S 26 °01' 29" E a distance of 605.11 feet; S 34 °18' E a distance of 347.56 feet; S 35 °47' 23" E a distance of 297.15 feet; THENCE crossing the right -of -way of U. S. Highway No. 69, 96, & 287 N 32 °25' 44" E a distance of 467.89 feet to a point in the Northeasterly right -of -way line of U. S. Highway No. 69, 96, & 287; THENCE Southeasterly along said Northeasterly right -of -way line of U. S. Highway No, 69, 96, & 287 the following calls: S 34 °12' 38" E a distance of 746.81 feet; S 36 °49' E a distance of 660.14 feet to a point in the Southeasterly right -of -way line of the LNVA Canal; THENCE N 36 °27' E and along the Southeasterly right -of -way line of said LNVA Canal a distance of 2771.64 feet to a point in the Northeasterly right -of -way line of 27`h Street and the existing City Limits line as described in Ordinance No. 326; THENCE S 53 °33' E and along the Northeasterly right -of -way line of said 27'h Street and the existing City Limits line a distance of 1239.00 feet to the POINT OF BEGINNING and containing 496.5 acres, more or less. AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN ZONING DESIGNATION; PROVIDING ZONING MAP DESIGNATIONS; PROVIDING FOR PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Nederland finds and determines that it is in the best interest of the City to make changes to the zoning of certain areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 2 Section 2 of Ordinance No. 146 is hereby amended as follows: There shall be a change from residential to commercial of that property described as follows: Lots 16 -30, Block 7 and Lots 16 -30, Block 8 of Airport, 1 Subdivision, City of Nederland, Jefferson County, Texas. SECTION 16 PENALTY: The penalty provision of this ordinance is hereby confirmed. SECTION 17 EFFECTIVE DATE: This amendment shall be effective from and after its passage and publication as required by law. PASSED, APPROVED, AND ADOPTED this � day of 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, CiYy Attorney City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 7 3:00 p.m. October 13, 1997 MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the September 22, 1997 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve a proclamation declaring October 13 -17, 1997 as "Dispute Resolution Week" in Nederland, Texas. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a proclamation declaring October 12- 18, 1997 as "Family Community Education Week' in Nederland, Texas. All Voted Aye. LEASE Andre Wimer, City Manager, stated that Holy Cross Lutheran Church AGREEMENT has requested that they be allowed to suspend their lease agreement for the neighborhood park located next to the church for a period of one (1) year to allow for construction of a Family Life Center. Pastor Francis Schroeder added that the construction of the Family Life Center and expansion of their parking lot should be complete within a year and they are looking forward to renewing the lease agreement. Richard Hughes, City Attorney, suggested that the lease agreement be terminated until the completion of the building so that no time period would be placed on either party. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to terminate the existing lease agreement with Holy Cross Lutheran Church due to construction of their new facilities. All Voted Aye. Minutes continued, October 13, 1997 WASTEWATER Andre Wimer, City Manager, informed the Council that Menlo COLLECTION Klingman, the owner of the property located at 1204 Hwy. 69, has SYSTEM requested that the City relocate a lift station that was installed on his property to allow for expansion of the existing building. Mr. Klingman, Rt. 1 Box 423, Burkeville, TX, added that as the owner of the property he was never approached by the City, or the leasee, when the lift station was installed, therefore, he feels the City should relocate it. Apparently the request to install and locate the lift station was between a former employee of the leasee, the City, and the previous owners of the property. Steve Hamilton, Director of Public Works, stated that he does not recommend that the City relocate the lift station because the City never obtained an easement and it is presently located on private property. Richard Hughes, City Attorney, added that the City has no authority to perform any services on private property. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to deny the request from Menlo Klingman to relocate a lift station located at 1204 Hwy. 69, and that the City Engineer consult with Mr. Klingman relative to where he should have it relocated, at his expense. All Voted Aye. WATER Don Reichle, Don S. Reichle & Associates, gave a brief report on STORAGE Phase I of the inspection of the City's Canal Street elevated water TANKS storage tank. He provided cost estimates for repair and painting items of work that they are recommending be performed. (See attached letter). Mr. Reichle stated that he would like to see the repairs and painting completed prior to February 1, 1998, in order that there will be no painting being done after the new car dealership opens. He is also recommending that no repairs be done to the inside of the tank at this time because there appears to be no structure damage, corrosion, etc. Mr. Wimer added that the contract for the next phase will probably be on the next agenda. CONTRACTS/ A motion was made by Councilman Daughtry and seconded by AGREEMENTS Councilman Radcliff to approve a contract with the Federal Correctional Complex for fire protection services. All Voted Aye. Minutes continued, October 13, 1997 A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve an agreement with Municipal Code Corporation to index council meeting minutes for the years 1940- 1950. All Voted Aye. FINANCE - Cheryl Dowden, City Treasurer, presented Council with a table INVESTMENTS comparing various features of three investment pools - Lone Star, LOGIC, and TexPool. She gave a brief history of each pool. After comparing the pools features, as well as references from other entities, Mrs. Dowden is of the opinion that TexPool would be the most advantageous for the City. She added that she does not recommend investing all monies in a pool. She would like to also continue to invest in certificates of deposit. The City Manager stated that this item will appear on the next regular agenda for Council approval. RESOLUTION A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve Resolution No. 1997 -15, establishing rules and regulations regarding the use of excessive force during nonviolent civil rights demonstrations. All Voted Aye. ORDINANCE A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve an Amendment to Ordinance No. 1997 -08, adopting a tax rate of $.70 per $100 valuation for the fiscal year beginning October 1, 1997 and ending September 30, 1998. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize advertisement of bids for roof repairs for the Police Station. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize advertisement of bids for heating and air conditioning for the Police Station. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize advertisement of bids for construction of the new library. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Costello, Inc. in the amount of $681.31, drainage study. All Voted Aye. Minutes continued, October 13, 1997 A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Schaumburg & Polk, Inc. in the following amounts: $11,966.51, drainage study; $16,910.63, Wastewater Treatment Plant improvements; $18,300.25, Sanitary Sewer Evaluation Survey; $900.00, Nederland Avenue rehabilitation project; and, $817.52, NPDES Permit Application. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment of the bills for the month of September, 1997. All Voted Aye. WATER Billy Sims, KSA Engineers, Inc., gave a brief report on the status of TREATMENT the Water Treatment Plant. Mr. Sims added that all items have been PLANT corrected. Mr. Sims did note that during today's heavy rain there was one location with a small leak and this is being investigated. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone any action regarding the status of the Water Treatment Plant. All Voted Aye. ' EXECUTIVE The regular meeting was recessed at 4:55 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071 - Robert Miller vs. City of Nederland; Chapter 551.074 - consider appeal of grievance by Maria Fontenot; and, Chapter 551.072 - discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting was reconvened at 5:46 p.m. by Mayor Nagel. He announced that the items under Chapter 551.071 and 551.072 were for informational purposes only. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the appeal of grievance by Maria Fontenot regarding vacation and sick leave benefits. All Voted Aye. COMMUNI- Andre Wimer, City Manager, reported that the installation of the CATION bulkhead at the pond at Doombos Park is scheduled for this week. The City Manager also reported that the amendment to the CDBG was approved by the State. This will allow for reallocation of excess funds for water lines in the Gage Avenue area. Councilman Daughtry asked that the sidewalk ordinance be reviewed sometime in the near future. 0 Minutes continued, October 13, 1997 RECESS Mayor Nagel called for a ten minute recess. PUBLIC HEARING A Public Hearing was called to order at 6:05 p.m. by Mayor Nagel for the purpose of receiving comments regarding proposed annexation. Andre Wimer, City Manager, stated that as a requirement of the annexation procedure and the Public Hearing the Service Plan must be explained to those in attendance. Mr. Wimer reviewed the Service Plan and outlined the Early Action Program and the Capital Improvement Program. Mayor Nagel called for any questions and /or comments. The following residents of the proposed annexation area addressed Council: George Smith, 7934 Viterbo, stated that he has no problems with water and sewer and is opposed to the annexation. Deena Gorsuch, 3345 Ivy (Parkway Village), asked if the City does proceed with the annexation will the City repair water and sewer lines in the park. She also stated that she, as the manager, is representing the owners and they are opposed to the annexation. The City Manger responded that since the park is located on private property we would not be allowed to make repairs on their lines. Dorothy Robertson, 7471 Holmes Road (Dorothy's Front Porch), stated that she would be willing to be in favor of the annexation if the City would maintain Holmes Road all the way to her restaurant. The City Manager stated that at this time the road has not been designated as a dedicated road and until that occurs he does not believe we could maintain it, but if the County would accept the road then we would be responsible for repairs. George Anderson, 1616 - 32nd Street, stated that he is opposed to being annexed and is happy with the County services he currently receives. He feels the only thing the City can provide for him is higher taxes. Jack Weeren, 1720 - 30`h Street, is in favor of annexation. Mr. Weeren was a founding member of the sewer association in his neighborhood and at the time it was formed the agreement with the City was that if the area was ever annexed the lines would be deeded, lien free, to the City. He feels that with the new regulations being passed on to citizens from the TNRCC and the EPA will make it too costly to continue to maintain private lines and those on septic tanks will have difficulty replacing them when necessary. Mr. Weeren added that the taxes will increase, but the water rates will decrease as well as home owner's insurance due to fire protection services. Minutes continued, October 13, 1997 Douglas McKee, 2707 Seattle, is also in favor of the annexation so that he can obtain sewer service. i Jim Williamson, 1808 - 28`h Street, asked if residents who operate a home business will still be allowed to do so. Mr. Wimer responded that all the details of zoning have not been addressed, but ordinarily in annexations those would be allowed to operate until such time the property is sold or the business is closed. Sondra Smith, 7934 Viterbo, stated that she owns livestock and is under the impression the she will no longer be able to raise them if she is annexed. The City Manager responded that she would be allowed to continue to raise livestock just as the home businesses would be allowed to continue. He added that under current city ordinances anyone can have livestock in the City as long as it remains at least 50 feet from any neighboring property line. Dan Macha, 4330 Shelly, stated that he is opposed to the annexation. Eric Campbell, 3020 Canal, is opposed to the annexation and feels the only thing he will receive for his $85,000 home is higher taxes in the amount of approximately $600 /year. K. P. Chandler, 1701 - 301h Street, is also opposed due to increase in taxes. Keith Gorsuch, 3349 Ivy (Parkway Village), asked if each individual resident of the mobile home park will be provided with curbside garbage service. The Mayor stated that he did not know if the garbage trucks would damage their private streets. This item will need to be addressed further. Tim Stanley, 7778 Viterbo, is also opposed due to increase in taxes. He is satisfied with the current level of service he receives from the County. Mayor Nagel stated that the City is now in a position to provide the necessary improvements and services without a bond issue. The City of Nederland needs to grow and this is the only area for expansion. The amount of tax dollars that will be collected will not be enough to pay for all the improvements, therefore, the City is not after tax dollars only. Tricia Campbell, 3020 Canal, opposed primarily because of higher taxes. Doug Pousson, 3215 Seattle, spoke in favor of the annexation. Minutes continued, October 13, 1997 Don Reichle, 3112 Canal, stated that he is in favor of the annexation. He added that he did some calculations on a $85,000. home and when you take the total tax and subtract the difference in water rates and the elimination of Fire District No. 1 taxes the total increase per year would be between $200 -$300. He also was concerned about the regulations that the State and Federal governments are beginning to place on individuals. Mayor Nagel announced that the next Public Hearing is scheduled for Monday, October 20, 1997 at 6:00 p.m. There being no further questions and /or comments the Public Hearing was adjourned at 7:55 p.m. by Mayor Nagel. ADJOURN There being no further business the meeting was adjourned at 7:56 p.m. by Mayor Nagel. Homer E. Nagel, Mayor T— City of Nederland, Texas ATTEST: rrnM.t� e ._Ulf r� LaDonna Floyd, City Secretary City of Nederland, Texas 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Mayor (�9 City Secretary io -i3 -4 Date U Municipal Code Corporation 1/ Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316.2235 (904) 576.3171 1. 800 - 262 -CODE Fax (904) 575 -8852 April 9, 1997 Ms. LaDonna Floyd City Secretary City of Nederland Post Office Box 967 Nederland, TX 77627 Dear Ms. Floyd: We are in receipt of your council meeting minutes for the years 1951 -1960 and have begun the process of Indexing them. Pursuant to your request for an estimate to index the minutes for the period 1940 -1950, we calculate 110 Index pages will be required at a cost of $5,550. If you wish for us to Index these minutes, please sign the acceptance below and return a copy of this sheet to us. When we receive the minutes from you, we will begin Indexing the final years for the City. We appreciate your confidence if our work and look forward to completing the last years of Indexing for you and the City. Please call if you have any questions. Sincerely, Dale Barstow Vice President - Sales DMB /ihr e -mail: dmb Civmail.municode.com Accepted this /3 day of 6 pLMA , 1997 by the City of Nederland, Texas 1 c Signature \ m�._ �- _/ iy Title 0 CITY OF NEDERLAND RESOLUTION 1997 -15 A RESOLUTION ESTABLISHING RULES AND REGULATIONS REGARDING THE USE OF EXCESSIVE FORCE DURING NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS, INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE I Section 1: The City hereby adopts and will enforce this policy prohibiting the use of excessive force by the law enforcement agencies within it jurisdiction against any individual engaged in nonviolent civil rights demonstration. The City also prohibits the physical barring of any entrance or exit of such a facility and will enforce all applicable state laws regarding same. ARTICLE II ' Section 1: Any person found to be violating any provisions of the resolution shall be served by the City with written notice stating the nature of the violation. Section 2: Any person guilty of this violation shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Section 3. Any person violating any of the provisions of this resolution shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. ARTICLE III PASSED AND ADOPTED by the City Council of the City of Nederland, State of Texas, on the l3 day of nctc ,.nn , 1997. Homer E. Nagel, Mayor CA City of Nederland, Texas ATTEST: n Floydy secretary ' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 2-" f� Richard D. Hughes, City A r City of Nederland, Texas 1: AMENDMENT TO ORDINANCE NO. 1997 -08 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 1997, 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, Ordinance 1997 -08 was approved by the City Council on August 11, 1997 approving the tax assessment rolls for the year 1997, 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, and WHEREAS, the 1997 debt tax rate calculated by the City of Nederland's Assessor - Collector of Taxes, was adjusted for certified 1996 excess debt collections and the published 1997 debt tax rate was published at 35.0829 cents, and 1 WHEREAS, the debt tax rate adopted by Ordinance 1997 -08 was 35.12 cents, a difference of .0371 cents and by law the 1997 debt tax rate should reflect the calculated rate by the City's Assessor - Collector of Taxes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I NEDERLAND: SECTION 2 OF ORDINANCE 1997 -08, WHICH WAS APPROVED BY CITY COUNCIL AUGUST 11, 1997, IS HEREBY AMENDED TO READ AS FOLLOWS: "SECTION 2: - That there is hereby levied for the current year, 1997, 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, 1998 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of seventy cents ($30) 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), 34.9171 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 35.0829 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Two hundred fifty -two thousand, six hundred dollars ($252,600.00) on the Permanent Improvement Bonds, Series 1978, 5.8898 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Eight hundred forty -five thousand dollars ($845,000.00) Permanent Improvement Bonds, Series 1986, 19.7022 cents on each one hundred dollars ($100) valuation of property. ' For the purpose of paying interest and principal of Two hundred four thousand, five hundred ninety dollars ($204,590.00) on the Permanent Improvement Refunding Bonds, Series 1992, 4.7699 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Two hundred two thousand, four hundred fifty dollars ($202,450.00) on the Certificates of Obligation, Series 1992, 4.7210 cents on each one hundred dollars ($100) valuation of property." PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THEE DAY OF OCTOBER, A.D., 1997. -C �4 Homer Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, ty Sec City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 20, 1997 MEETING Mayor Homer E. Nagel called the meeting to order at 6:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Council Member Sawyer and seconded by Council Member Nugent to approve the minutes of the October 13, 1997 meeting as written. All Voted Aye. PUBLIC The special meeting was recessed and a public hearing was called to order at HEARING 6:03 p.m. by Mayor Nagel for the purpose of receiving questions and/or comments regarding proposed annexation. Andre' Wimer, City Manager, gave a review of the proposed service plan for the approximately 496.5 acre tract. As a requirement of the annexation process Mr. Wimer outlined the service plan and reviewed the early action program and the capital improvements program. Mayor Nagel asked for questions and/or comments from those present: Dorothy Robertson, 7471 Holmes Road, asked questions regarding building code enforcement. She wanted to know if she sold her business would she be responsible for bringing the wiring up to code. The City Manager responded that if electrical service was discontinued for any reason, the wiring would have to be up to code before Entergy reinstate the service. James Perkins, 1820 - 32nd Street, stated that he is opposed to the annexation and believes the City is only interested in annexing because of the availability of commercial property. Jack Weeren, 1720 - 30' Street, commented that he also owns a business on Hodgson Road and is very much in favor of the annexation because of the water and sewer situation at both his home and business. 1 �1 U Minutes continued, October 20, 1997 Ruby LeBleu, 1812 - 34" Street, favors the annexation because she feels we should give the people in her area the opportunity to be provided with sewer service. Bill Castleman, Gayle Lane, stated that he is opposed to the annexation. He asked whether those people who currently live in mobile homes will be required to move their homes, if not, should they ever lose their home to fire, flood, etc. would they be allowed to replace it. He also asked if we will provide the residents on Gayle Lane with water and sewer. The City Manager and the Mayor responded that the mobile home residents will be grand fathered, and if they ever need to replace their home they could go before the Zoning Board of Appeals and ask for a variance if a hardship can be proven. Steve Hamilton, Director of Public Works, added that the residents on Gayle Lane (private road) can be provided with water and sewer service if an easement is granted to the City. Lester Youngblood, 3008 Seattle, asked what his taxes would be on a home assessed at $75,000. Mr. Wimer stated they would be $525 /year. Bill Dorr, Ford Street, stated that he is opposed to the annexation due to higher taxes and more restrictions. Danny Macha, 4330 Shelly, is opposed to the annexation and asked if the Council would consider offering a homestead exemption on their taxes. Dorothy Robertson added that she feels this area needs to be annexed in order that water and sewer services will be provided. Newton & Co. which provides this area with water, apparently is not stable, and she is fearful of what could be imposed on the area by the TNRCC or EPA. Billy Doornbos, 1104 Louise, as the current president of the Nederland Economic Development Corporation, feels that Nederland must grow. He added that he has no personal economic reasons for supporting the annexation. He added that a study of the community was performed and it suggested that in order for economic growth to continue, this area should be annexed. Since this would be a positive aspect for economic development, it would enhance the entire community by the way of new jobs, businesses, etc. Mr. Doornbos added that the NEDC will probably assist the city with the costs associated with the installation of water and sewer lines. Jim Williamson, 1808 - 281h Street, stated that he is for the annexation and feels this is a step in the right direction for the community. Minutes continued, October 20, 1997 J. R. DeLord, 2924 Seattle, asked when city taxes would be assessed and when would the city take over the existing water and sewer lines. Mayor ' Nagel responded that the property would be included on the tax roll on January 1, 1998, and would become due January 31, 1999. He added that the water and sewer lines would be maintained immediately. Ron Sanders, owner of a business on Hodgson Road, stated that he is in favor of the annexation so that his business can receive water and sewer service. Ken Parker, Green Avenue, stated that he is in favor of the annexation due to the current sewer situation in his neighborhood. He added that he saw three different areas today with raw sewer running in the ditches, which is a health hazard to the residents and children. Don Reichle, 3112 Canal, commented that he already receives water and sewer service from the City but is for the annexation. He will welcome the added police protection and protection from State agencies who may enforce stringent rules and regulations on individual homeowners. Oscar Lott, 3024 Avenue G. asked several questions relative to whether the City can handle the increased load on current services such as water, sewer, fire and police protection, dispatching, code enforcement, etc. Mr. Wimer , responded that the City anticipates no problems with the additional residents. Nederland has a new water treatment plant that is more than capable of providing water services and with the expansion of the sewer plant in the near future this will pose no problems. He added that the area of police protection will be closely monitored to insure adequate services are provided to all citizens. Pat Johnson, 1700 - 301h Street, stated that he currently has water and sewer service from the City. He added that he has the utmost confidence in the Nederland Police Department. Mr. Johnson said that he is not against the annexation, but he does understand the people who are opposed due to higher taxes. Mayor Nagel thanked all those in attendance for their comments. There being no further questions and/or comments the Public Hearing was adjourned at 8:05 p.m. by Mayor Nagel. RECESS Mayor Nagel called for a recess at 8:06 p.m. RECONVENE The meeting was reconvened at 8:24 .m. b Mayor Nagel. , P Y Y g Minutes continued, October 20, 1997 WATER A motion was made by Mayor Nagel and seconded by Council Member STORAGE TANK Nugent to approve a contract with Don S. Reichle & Associates for water storage tank repairs in the amount of $11,600.00. All Voted Aye. ADJOURN There being no further business the meeting was adjourned at 8:26 p.m. by Mayor Nagel. ATTEST: pa" M C> -&.a LaDonna Floyd, City Secre ary City of Nederland, Texas 1 1 ZZ5 - =- � " � - G� "Homer E. Nagel, Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer / Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian ✓ Mayor City ecretary Date + II ENGINEERING SERVICES AGREEMENT THIS AGREEMENT made this o20 day of OC O e/' , 1997, by and between CITY OF NEDERLAND , acting herein by and through its CITY MANAGER who is duly authorized so to act and in behalf of said CITY OF NEDERLAND hereinafter called the CLIENT, and DON S. REICHLE & ASSOCIATES, hereinafter called the ENGINEER, a consulting engineering firm whose principals are professional engineers licensed to practice in the State of Texas. WHEREAS, the CLIENT desires to employ an ENGINEER to furnish engineering services for the CLIENT'S project consisting of PHASE II WORK ON THE CITY'S CANAL AVE AND 5TH STREET ELEVATED WATER TANKS. WHEREAS, the ENGINEER has submitted a proposal for the aforesaid engineering work dated April 25, 1997, signed by Randy S. Reichle , (copy attached) the terms and conditions of said proposal, including lump sum fees, are satisfactory to the CLIENT, as to Phase II Work (Option 2) only. THE ENGINEER agrees to carry out and perform the services herein agreed to in a professional and competent manner. The ENGINEER shall be solely responsible for the safety of himself and his employees, as well as for the protection of his property or the property of the CLIENT, as a result of his operations under this Agreement. The ENGINEER shall protect, defend, indemnify, and hold the CLIENT harmless from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the work under this Agreement. The ENGINEER shall secure and maintain insurance sufficient to protect him from claims under the Worker's Compensation Act in the amounts required by law. Commercial General Liability amounts, including comprehensive form, premises, operations, independent contractors, blanket personal injury liability, underground explosion and collapse, contractual, broad form property damage, personal injury, and comprehensive general liability, shall be $1,000,000 per occurrence. Automobile Liability amounts shall be $300,000 per person, $500,000 per occurrence, and $50,000 per occurrence for property damage. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed that the ENGINEER shall DON S. AEICHLE &ASSOCIATES eEAuMW. TEXAS furnish engineering services and the CLIENT shall make payment for same in accordance with the terms and conditions set forth in above said proposal, which said proposal is attached hereto, and is hereby made a part hereof. The ENGINEER shall commence work upon receipt of a written authorization from the CITY and shall complete Phase II Work within THIRTY (30) working days for each tank. IN WITNESS WHEREOF, the parties to these presents have hereunto caused these presents to be executed in duplicate the day and year first above mentioned. ATTEST: CITY OF NEDERLAND For (Client) Br 6v�i i� � Title ATTEST: DON S. REICHLE & ASSOCIATES For (Engineer) [(.R, STEPHAIMI S. 7exa By MOTS. °.� PROJECT COORDINATOR State of Title a��+� Comm. Exp. DON S. REICHLE d ASSOCIATES BEAUMONT. TEXAS 9Ojy g. REICgL� — -Tank Consulting Engineers yV April 25, 1997 `4SSOC1At�g Mr. Steve Hamilton, P. E., City Engineer CITY OF NEDERLAND P. O. Box 967 Nederland, TX 77627 Dear Steve: Routa 4, Box 7£D Beaumont, TX 77705 (409)722 -2242 FAX (409)722 -859E Re: Canal Ave. & 5th Street Water Tanks Engineering Cost Proposal Our 3916 -G In accordance with your request, we are pleased to offer the City of Nederland the following engineering cost data on the upcoming water tank inspection and rehabilitation work. It is our understanding the City wishes to proceed with the Phase I Detailed Inspections on the Canal Ave. and 5th Street elevated tanks. We also understand that it is the intent to then proceed into the Phase II work (preparation and distribution of contract documents) for the repair and painting of one, and possibly both, structures. Our Phase I and Phase II engineering services will be in accordance with our Engineering Proposal as presented to the City on Feb. 27, 1995. We offer the following lump sum costs for the Phase I work: Canal Ave. Tank $8,250.00 5th Street Tank $8.250.00 Total Phase I Work— 16,500.00 We offer the following 2 options for the Phase II work: OPTION 1 (1 contract for each tank) Canal Ave. Tank $7,250.00 5th Street Tank $7.250.00 Total Phase II Work -- $14,500.00 OPTION 2 (Both tanks under one contract) Total Phase II Work— $11,600.00 If you have any questions or require additional information, please contact our Beaumont office. Once again, we look forward to working with the City of Nederland on these water tank projects. Respectfully submitted, Randy S. ichle, Project Mgr. RSR/sg REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 27, 1997 MEETING The meeting was called to order by Mayor Homer E. Nagel at 6:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the special meeting of October 13, 1997. All Voted Aye. SANITARY Ricky Bourque, Schaumburg & Polk, Inc., gave a brief report on the SEWER EVALUA- selection of lines that they recommend be televised. The selection of TION SURVEY the lines is based on results of smoke testing, as well as, accessibility and recurring problems as identified by City staff. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve television inspections, dye water testing, and flow isolation as recommended by Schaumburg & Polk, Inc. in the amount of $106,000. All Voted Aye. CITIZEN Tim Carter, 320 - 3`d Street, addressed Council relative to trash APPEARANCE problems, street lighting, and a traffic hazard in his neighborhood. Mr. Carter stated that trash is not being picked up regularly, there are no street lights on 3`d Street, and the area around Gage and 3'd Street is unsafe due to all the intersecting streets. Mayor Nagel responded that Mr. Carter's suggestions for improving the trash problem would be too costly; the street light situation will be reviewed; and, the Police Department can monitor the traffic situation. WATER A motion was made by Mayor Nagel and seconded by Councilman STORAGE TANK Radcliff to postpone the report from Don S. Reichle & Associates regarding water storage tanks. All Voted Aye. Minutes continued, October 27, 1997 FINANCE - A motion was made by Mayor Nagel and seconded by Councilman INVESTMENTS Sawyer to approve Resolution No. 1997 -16, authorizing participation in the Texas Local Government Investment Pool (TexPool) and designating authorized representatives. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the Texas Local Government Investment Pool (TexPool) Participation Agreement. All Voted Aye. RESOLUTIONS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Resolution 1997 -17, casting the City's votes for Charles Lankford to the Jefferson County Appraisal District Board of Directors. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Daughtry to approve Resolution 1997 -18, supporting the proposed U.S. Hwy. 69 corridor study from Lumberton to Zavalla. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1997 -19, supporting the proposed grade separation on U. S. Hwy. 69 at FM Hwy. 3514. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to award bids for water and wastewater inventory items to Golden Triangle Pipe, Beaumont, TX, in the amount of $81,496.00. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to award bids received for water and wastewater chemicals as follows: chlorine (ton cylinders) to Jones Chemicals, Inc., Houston, TX - $337.50 per ton; 25% hydrofluosilicic to Skyhawk Chemicals, Inc., Houston, TX - $0.078/lb; anhydrous ammonia to LaRoche Industries, Inc., Seabrook, TX - $0.255/lb; and 50/50 blend of caustic to DXI Industries, Houston, TX - $219.00 /ton. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize advertisement of bids for repair work on the Canal Avenue water storage tank. All Voted Aye. Minutes continued, October 27, 1997 LICENSE TO A motion was made by Mayor Nagel and seconded by Councilman ENCROACH Nugent to approve a License to Encroach at 308 Shannon Lane and authorize the City Manager to sign the document. All Voted Aye. f A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve a License to Encroach at 316 South 9`h Street and authorize the City Manager to sign the document. All Voted Aye. LIBRARY A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize City staff to dispose of certain equipment at the new library that was declared surplus. All Voted Aye. SIDEWALKS Andre' Wimer, City Manager, stated that this item was placed on the agenda at the request of Councilman Daughtry. He added that Councilman Daughtry wanted to address the current ordinance which places maintenance of sidewalks on the adjacent property owners. Councilman Daughtry said that he was approached by a citizen relative to the sidewalk in front of their residence. Councilman Daughtry added that he does not understand why the responsibility is placed on the property owners when most sidewalks are on public property. Mayor Nagel responded that he felt the current ordinance is fair and that the City should only be responsible for repairs to sidewalks that we actually installed. After some discussion by the Council the City Attorney was instructed to contact other area cities and report back to them at a later date. WATER TREAT- A motion was made by Mayor Nagel and seconded by Councilman MENT Nugent to postpone taking action regarding the status of the Water Treatment Plant. All Voted Aye. PAYMENT A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to KSA Engineers, Inc. in the amount of $469.13, Water Treatment Plant construction /operational phase. All Voted Aye. Minutes continued, October 27, 1997 EXECUTIVE The regular meeting was recessed by Mayor Nagel at 7:30 p.m. for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071 - Robert Miller vs. City of Nederland; and, Chapter 551.072, discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting was reconvened by Mayor Nagel at 7:55 p.m. He announced that the Executive Session was held for informational purposes only. COMMUNI- Andre' Wimer, City Manager, reported that only one bid was received CATION for the three police cars. The net bid, after trade -ins, was $53,800.00 and staff is looking into the lease punccase option. He added that staff is currently reviewing the bids received for garbage trucks. The City Manager also reported that the City received a refund in the amount of $478.00 from the City of Cedar Hill /Coalition for Community and Economic Development. Their expenses were less than revenues received from cities, therefore, the participating cities were refunded a portion of their contribution. Councilman Daughtry inquired as to the status of the sign which is to be placed at the neighborhood park near Holy Cross Lutheran Church. Mr. Wimer responded that he will check into this matter. ADJOURN There being no further business the meeting was adjourned by Mayor Nagel at 8:00 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City ecretary City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian ✓ 'Mayor City Secretary /o Date CITY OF NEDERLAND RESOLUTION 1997 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AUTHORIZING PARTICIPATION IN TEXPOOL AND DESIGNATING AUTHORIZED REPRESENTATIVES WHEREAS, the City of Nederland, Texas ( "Participant ") is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act, and WHEREAS, the Texas Local Government Investment Pool ( "TexPool "), a public funds investment pool, was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT participant shall enter into a Participation Agreement to establish an account in its name in TexPool, for the purpose of transmitting local funds for investment in TexPool; and ' THAT the individuals, whose signatures appear on this resolution, are authorized representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary to appropriate for the investment of local funds. List of the authorized representatives of the Participant. These individuals will be issued P.I.N. numbers. 1. Name Andre' Wimer Title City Manager Signatures �- 2. Name Cheryl Dowden Q, /� Title City Treasurer '�Q/Lt�" Signature ( List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Cheryl Dowden In addition and at the option of the Participant, one additional authorized representative can be designated to perform only inquiry of selected information. This limited representative cannot make deposits or withdrawals. If the Participant desires to designate a representative with inquiry rights only, complete the following information. 1. Name Sonya Willis Title Clerk Signature Ynu/Q-' THAT this resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool receives a copy of any such amendment or revocation. PASSED AND APPROVED this the 29 day of Gcfob r 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Z- t� D 4A��- Richard D. Hughes, City Attorney City of Nederland, Texas u CITY OF NEDERLAND ' RESOLUTION 1997 -17 WHEREAS, Senate Bill No. 621, Acts of the 66" Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and, WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act, and, WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District, and, WHEREAS, the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District, and, WHEREAS, the Act entitles each taxing unit to vote and determine its votes by resolution submitted to the County Clerk before November 15'" NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland, in compliance with Senate Bill No. 621, hereby casts its entire vote as follows: SO RESOLVED, this the -9,'L day of nrhber , 1997. Homer E. Nagel, Mayor �- City of Nederland, Texas ATTEST: 0 Umv,� �411 La onna Floyd, City 8ecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City At rney City of Nederland, Texas Miriam Johnson Raymond C. Johnson Eugene Landry Charles Lankford .5P Robert Lott Fred L. Mitchell C. L. Sherman SO RESOLVED, this the -9,'L day of nrhber , 1997. Homer E. Nagel, Mayor �- City of Nederland, Texas ATTEST: 0 Umv,� �411 La onna Floyd, City 8ecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City At rney City of Nederland, Texas CITY OF NEDERLAND RESOLUTION 1997 -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND IN SUPPORT OF U.S. HIGHWAY 69 CORRIDOR STUDY FROM LUMBERTON TO ZAVALLA. WHEREAS, the Texas Department of Transportation has authorized a corridor study of U.S. Highway 69 from Lumberton to Zavalla which will be coordinated with the corridor study underway from Lufkin to Zavalla; and WHEREAS, the Phase II public meeting was held in Lumberton on Monday, October 6, 1997, for the purpose of presenting goals and objectives, alternative development, analysis of various factors, screening for reasonableness, refining alternatives, reviewing options to be considered, and hearing public comment, and WHEREAS, the process will continue for consideration of alternatives, and review with key officials and citizens advisory committees in order to prepare and develop a suggested preferred alternative for the Phase II public meetings in Lumberton, Woodville and Zavalla scheduled for the spring of 1998. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City of Nederland recognize and commend the U.S. 69 Corridor Study Task Force consisting of Texas Department of Transportation personnel, the Corridor Study Consulting Engineer, the Key Officers, Citizens Advisory Committees and the public that has participated in the public meeting process for their interest and involvement in the final study and the development of a suggested preferred alternative to be completed in the spring of 1998; and THAT all Counties, Municipalities, Transportation Planning Agencies, Chambers of Commerce, and other interested parties fully support the ongoing corridor study and the completion of all planning scheduling and construction of the final U. S. 69 from Lumberton to Lufkin, as soon as possible; and THAT all Southeast Texas counties, cities, and citizens work together to complete this important new highway that will improve North -South ingress and egress through East Texas, improve hurricane evacuation, and create economic development for Southeast Texas by making us more competitive with other areas of Texas and with other national and worldwide markets; and that a copy of this resolution be sent, when approved, to: Jackie Anderson U.S. 69 Corridor Study Contract Manager P. O. Box 3468 Texas Department of Transportation District No. 20 Beaumont, Texas 77704 -3468 PASSED AND APPROVED this a) day of 6G'fohar 1997. 99/ Homer E. Nagel, Mayor J ATTEST: LaDDonna Floyd, City Se etary APPROVED AS TO FORM AND LEGALITY: , Richard D. Hughes, City Att ey CITY OF NEDERLAND RESOLUTION 1997 -19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE GRADE SEPARATION ON U.S. HIGHWAY 69 AT F.M. HIGHWAY 3514 WHEREAS, the area including and surrounding U.S. Highway 69, S.H. 347 (Twin city Hwy.), F.M. 365, and I. H. 10 has experiences substantial development in recent years consisting of the Federal Correctional Complex, State correctional facilities, Jefferson County jail facilities, and other public and private facilities; and WHEREAS, the Southeast Texas Regional Planning Commission in cooperation with Jefferson County, and the cities of Beaumont, Nederland, and Port Arthur have compiled, adopted and approved a coordinated roadway system entitled "Major Thoroughfare and Highway Plan" a copy of which is attached hereto and marked Exhibit No. 1; and WHEREAS, F.M. Highway 3514 between U.S. Highway 69 and West Port Arthur Road (Spur Highway 93) has been constructed to serve the above cited state prison system and is a segment of a future highway that will begin at I.H. 10 on the west and extend to S.H. 347 (Twin City Hwy.) on the east, and WHEREAS, the Texas Department of Transportation held a public meeting on the proposed grade separation of U.S. Highway 69 at F.M. 3514 on October 6, 1997, and will hold the meeting record open to receive comments in writing from Jefferson County and the cities of Beaumont, Nederland, Port Arthur, and other parties; and ' WHEREAS, it has been determined that the proposed grade separation and frontage roads will greatly improve the safety, convenience, and mobility of the traveling public and area citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the City of Nederland endorses and fully concurs with the State's plan to construct a grade separation at the intersection of U.S. Highway 69 and F.M. 3514, and in their future plan to extend frontage from F.M. 3514 south to Beauxart Garden /Spurlock Road; and that an executed copy of this resolution be sent for the record of this meeting to: Robert Conner, P.E. Texas Department of Transportation, Project Manager P. O. Box 457 Nederland, Texas 77627 PASSED AND APPROVED this the ) 1 day of oc, +obel- , 1997. Homer E. Nagel, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Z- ,- :Z, ",,/ chard D. Hughes, City Atton y REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. November 10, 1997 MEETING The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the October 27, 1997 meeting as written. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing was called HEARING to order by Mayor Nagel at 3:03 p.m. for the purpose of receiving comments regarding the adoption of an ordinance to nominate an area of the City as a state designated Enterprise Zone and to designate a Reinvestment Zone. Andre' Wimer, City Manager, explained that the Public Hearing was necessary in order to correct some deficiencies in the original application to the Texas Department of Commerce for the Enterprise Zone designation. The proposed amendments to the original ordinance were discussed. In Section 1 and Section 4 the phrase "...and a reinvestment zone..." needs to be added, and in Section 3 regarding incentives within the Zone the phrase "... flexible zoning, streamlined permits; and financial incentives as provided by the Nederland Economic Development Corporation." needs to be added. There being no questions and /or comments the Public Hearing was adjourned by Mayor Nagel at 3:08 p.m. ENTERPRISE A motion was made by Councilman Sawyer and seconded by ZONE Councilman Nugent to approve an Amendment to Ordinance No. 1997 -10, nominating an area of the City as a state designated Enterprise Zone and to designate a Reinvestment Zone. All Voted' Aye. Minutes continued, November 10, 1997 WATER A motion was made by Mayor Nagel and seconded by Councilman STORAGE TANK Nugent to postpone receiving a report from Don S. Reichle & Associates regarding water storage tanks. All Voted Aye. TAX ROLL A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Resolution 1997 -20, approving the 1997 tax roll in the amount of $431,617,060 as certified by the Jefferson County Tax Office. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution 1997 -21, urging the Texas Natural Resource Conservation Commission to provide the necessary support for the demonstration of overwhelming transport of ozone. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve Resolution 1997 -23, endorsing and supporting the principle of fair and open housing. All Voted Aye. FINANCE - As a requirement of V.T.C.A. Government Code, Chapter 2256, the INVESTMENT City Manager reviewed the City's Investment Policy and Strategy. Mr. POLICY Wimer briefly outlined the Policy and the areas of reporting, qualified investments, safekeeping features, etc. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1997 -22, adopting an amended Investment Policy for the City of Nederland increasing the amount of funds which can be dedicated to an investment pool from 15 percent to 40 percent. All Voted Aye. FINANCE - Cheryl Dowden, City Treasurer, presented the Council with the INVESTMENT Quarterly Investment Report for the period ending September 30, REPORTS 1997, and the Annual Investment Report for FY 96 -97. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize advertisement of bids for one (1) mini excavator to be received December 4, 1997 at 2:00 p.m. All Voted Aye. Minutes continued, November 10, 1997 A motion was made by Mayor Nagel and seconded by Councilman Nugent to award bids received for roof repairs to the Police Station to Pro Noun Construction, Beaumont, TX in the amount of $29,480.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for heating and air conditioning equipment for the Police Station to Williams Refrigeration and A/C, Port Neches, TX in the amount of $8,890.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to award bids received for one (1) automated side loading refuse collection body and truck to Lone Star Truck Center, Houston, TX in the amount of $128,706.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to award bids received for three (3) police cars to Philpott Ford, Port Neches, TX in the amount of $53,800.00. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Sawyer to approve a 24 -month contract for the lease- purchase of three (3) police cars to Ford Motor Credit, contingent upon final approval of the documents by the City Attorney. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a contract with Safety, Inc. to conduct an Environmental Asbestos Survey on the old water treatment plant. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone extending the contract with BFI Waste Systems of North America, Inc. for street sweeping services. All Voted Aye. TxDOT Andre' Wimer, City Manager, stated that the Texas Department of Public Transportation (TxDOT) has scheduled a public meeting for Thursday, November 13th, to discuss the proposed grade separation at Hwy. 365 and Twin City Hwy. They have requested that cities provide written comments regarding the proposed design. Mr. Wimer• suggested that the City of Nederland request the on /off ramp on the southwest side of the interchange be aligned with either South 14th Street or South 15th Street in order to allow for a fully signalized intersection. He added that TxDOT has indicated that they would upgrade Avenue N due to anticipated additional traffic on this street. Mr. Wimer also suggested that we request that if one of our streets is aligned with the interchange that it also be upgraded. Minutes continued, November 10, 1997 Mayor Nagel said that the City of Port Neches is opposing the grade i separation because it will make it more difficult to get to the businesses located on Nall. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to submit the City's comments to the Texas Department of Transportation stating that the City of Nederland is opposed to the design of the grade separation selected by TxDOT; suggest that they select Alternate No. 3 and delay construction until such time as the necessary funds are available; support the City of Port Neches in their decision; and in the event that Alternate No. 4 is used that the interchange be aligned with one of Nederland's streets. All Voted Aye. SIDEWALKS After a brief discussion on who should be responsible for maintaining sidewalks, the Council advised that we should delay any action on this matter until the City Attorney can further review it. WATER TREAT- Andre' Wimer, City Manager, informed the Council that all the leaks MENT PLANT at the Water Treatment Plant have been repaired by ALLCO, Inc. and that staff feels the building is now water tight. It appears that all items have been addressed and everything is in working order. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone taking any action on the Water Treatment Plant. All Voted Aye. PAYMENTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payments to Schaumburg & Polk, Inc. as follows: $3,888.54 - survey work; $2,709.00 - Nederland Avenue rehabilitation; $37,301.50 - Sanitary Sewer Evaluation Survey; $12,433.34 - wastewater system improvements; $491.00 - drainage study; and $1,020.40 - NPDES Permit Application. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Costello, Inc. in the amount of $3,080.38, drainage study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment to KSA Engineers, Inc. in the amount of $238.06, Water Treatment Plant, operational phase. All Voted Aye. Minutes continued, November 10, 1997 A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment of the bills for the month of October, 1997. All Voted Aye. EXECUTIVE The regular meeting was recessed by Mayor Nagel at 4:30 p.m. for SESSION the purpose conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071 - Robert Miller vs. City of Nederland; Chapter 551.074 - consider appeal of grievance by Cody Broussard; and Chapter 551.072 - discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting was reconvened by Mayor Nagel at 6:15 p.m. He announced that the item under Chapter 551.071 was for informational purposes only and that no discussion was held on the item under Chapter 551.072. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to reclassify Cody Broussard from a Maintenance Worker I to a Maintenance Worker II, and to place review of the Standard Operating Procedure for promotions on the next agenda for discussion only. All Voted Aye. ANNEXATION Mayor Nagel announced that during the two required Public Hearings a total of 29 people addressed the Council and 16 were in favor of the annexation, while 13 were against it. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Ordinance No. 1997-14, annexing a portion of the City's extraterritorial jurisdiction and adopting a Service Plan. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve an Amendment to Ordinance No. 154, amending the ward boundary lines. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve an Amendment to Ordinance No. 107, stop signs in the annexed area, to be effective December 12, 1997. All Voted Aye. Doug Pousson, 3215 Seattle, asked that a "Cross Street Traffic Does Not Stop" sign be installed below the Stop sign on the U.S. Hwy. 69 access @ Beauxart Garden Road. The City Manager stated that these signs are controlled by TxDOT, but now that it will be inside the City limits we can request that the sign be installed. Minutes continued, November 10, 1997 OFFICIAL'S Andre' Wimer, City Manager, reminded Council that the bids for the COMMENTS new library will be opened on Tuesday, November 11`h. Mayor Nagel suggested that the City encourage all its citizens to plant tulips in December in order to help celebrate Nederland's 100`h Birthday. ADJOURN There being no further business the meeting was adjourned by Mayor Nagel at 6:40 p.m. Homer E. Nagel, Mayor V City of Nederland, Texas ATTEST: aDonna Floyd, Ci�ty�Sec etary City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 V/' Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Assistant to the City Manager / Steve Hamilton Director of Public Works / Rod Hatch Building Official Jim Weaver Parks and Recreation Director / Victoria Klehn Librarian Mayor City Secretary 0-to -9'1 Date Section 7: That a public hearing to consider this ordinance was held by the City Council on August 25, 1997. Section 8: That this ordinance shall take effect from and after its passage as the law and charter in such case provides. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this the i0 day of `tlo n/ , 1997. Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: c�°" Z�2 LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: --, Richard D. 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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT pursuant to the Texas Property Tax Code, Section 26.09, the City Council of the City of Nederland hereby approves the attached 1997 tax roll. PASSED AND APPROVED this the /0 day of V) oUV� 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: aDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: --D5 A , I---- Richard D. Hughes, City Attorney City of Nederland, Texas _ y►. z' w a: u? tin v, o, u? J 6 ?wrhili O 0 rw J wwzw_izzo d Q 01 w 0 C X in CL c..� 0.'.„.i h4X00 0 si 0 C70 4 r 4 0 }^ tzJ¢Qiritk xwx 4 0 Q o14)0 W 0: >0 O? > <C<Ca > w<t. -¢a w .Z in tr. h - r -. -• 4 <W w O ^ 000,0 " #A of 'a et (_ w d D hMtJd tiladr ifi a> Q ..1zJ -10 CL a.XI:0) w0 w M- izQ`(61,Q'j _1mw .1 W Q 0 x r w 0-0 hZ;l E w> o U� 03 O C7 0 vl' Q V-•0ww 0 O >LIK O rhrh rXp> F- 0=) wwww ^ 0'i O1 (Al h-OwwQQi,OzdQ iri V »» F^r W J �1 t- d (] o v z 01 A i J 0 u� w r .-• V a w H z Q LL w d 0 0) W �•+ h r W r F- < EaLS Q r Q 4¢ d Q Q Q w z z r�r Q r .1 Q¢4<t w irlz aJ o:aaa ? r don a w w w w w in O v, rhrh z w m r M w w w w 7 hl r w Q Q > > >> O J O > 0 S 0 z d 00 ifi h CS GOOOGOO OO OJ a: 010 T w 0 O O 0 0 O C A W a W lr, LA LA 't h- w G OJ ••• OG OJ OJ M Ln vD tl' M -i? M -• o o M w cu Q 4 - W, W m T T m to A. 01 �•^ h 100 IT T tri Ui kri M o m O OJ OJ h ar w Q w if) u? tin v, o, u? J 6 ?wrhili O 0 rw J wwzw_izzo 01 w 0 C X in c..� 0.'.„.i h4X00 0 M 0 C70 4 r 4 0 }^ tzJ¢Qiritk xwx 4 0 Q o14)0 W 0: >0 O? > <C<Ca > w<t. -¢a w .Z in tr. h - r -. -• 4 <W w a > .r a r- 4 w r u1 — " #A of 'a et (_ w d -1 hMtJd tiladr ifi a> Q ..1zJ -10 CL a.XI:0) w0 w M- izQ`(61,Q'j _1mw .1 Q 0 x r w 0-0 hZ;l E w> W 44 N>- Q V-•0ww 0 O >LIK O rhrh rXp> F- 0=) wwww O <IX W O h-OwwQQi,OzdQ iri V »» F^r W J r t- v 4 A i 0 u� r .-• CITY OF NEDERLAND ' RESOLUTION 1997 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND URGING THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) TO PROVIDE THE NECESSARY SUPPORT FOR THE DEMONSTRATION OF OVERWHELMING TRANSPORT OF OZONE WHEREAS, the Hardin, Jefferson and Orange County area was reclassified from a serious to moderate ozone non - attainment area by the United States Environmental Protection Agency in early 1996, and WHEREAS, the Hardin, Jefferson and Orange County area's ozone attainment date was November 15, 1996 and, as a result of the reclassification and the fact that there were no ozone exceedances during 1996, we were given a one (1) year extension to meet the National Ambient Air Quality Standard for ozone, and WHEREAS, Texas Natural Resource Conservation Commission ozone monitors have recorded three (3) ozone exceedances in Hardin, Jefferson and Orange county area during 1997, and WHEREAS, the United Slates Environmental Protection Agency has notified the Hardin, Jefferson and Orange County area of the possibility of being "bumped up" to a serious non - attainment area for ozone as early as February, 1998, and WHEREAS, it is the position of the South East Texas Regional Planning Commission Air Quality Advisory Committee that ozone exceedances in the Hardin, Jefferson and Orange County area are the result of ozone precursors transported into our area, and WHEREAS, the South East Texas Regional Planning Commission Air Quality Advisory Committee has submitted a request to the United States Environmental Protection Agency regarding ' a proposal for Demonstration of Overwhelming Transport of ozone from areas outside our immediate domain, and WHEREAS, if the United States Environmental Protection Agency does not accept this request for demonstration of transport, and if reclassification occurs, significant reductions may have to be made, with little expectation that they will result in full attainment, and WHEREAS, if the area does not attain the ozone standard by November 15, 1999, it could be bumped up to a severe non - attainment classification which will undoubtedly bring additional control measures that could stifle the local economy and potentially affect job growth and expansion of both large and small business and industry in the area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the City of Nederland requests that the Texas Natural Resource Conservation Commission (TNRCC) provide the necessary agency staff and resources to prepare the air dispersion and other technical data measuring to complete the ozone transport demonstration for the Hardin, Jefferson and Orange County area in a timely manner in order to forestall the reclassification of the area by the Environmental Protection Agency. PASSED AND APPROVED this the /O day of `K�o m1"b�n , 1997. 'Homer E. Nagel, May r ATTEST: Donna Floyd, City Secretary ' APPROVED AS TO FORM AND LEGALITY: chard D. Hug es, Cityf ttorney CITY OF NEDERLAND RESOLUTION 1997 -23 A RESOLUTION ENDORSING AND SUPPORTING THE PRINCIPLE OF FAIR AND OPEN HOUSING AS SET FORTH IN TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 WHEREAS, adequate housing is a necessary ingredient to the maintenance of the standard of living in this country; and WHEREAS, it is important that every human being have access to adequate housing of his choice and economic means; and WHEREAS, it is beneficial to the social and economic welfare of the entire country that every person have access to adequate housing, and WHEREAS, the law of the land is that no citizen can be denied access to housing of his choice because of race, color, religion, or national origin, now therefore, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. That this City Council endorses and supports the principle of fair and open housing; as set forth in Title VIII of the Civil Rights Act of 1968, and the right of every person to have access to adequate housing of his own choice without regard to race, color, religion, or national origin, and SECTION 2. That this City Council encourages all citizens to respect and support the law of the land in regard to the right of every person to have access to adequate housing of his own choice, and SECTION 3. That this City Council encourages all citizens to undertake voluntary actions to foster racial harmony, including individual and group decisions to promote fair and open housing, and individual commitment to avoid discrimination in all sale, all rental of property, and SECTION 4. That this City Council will encourage local newspapers and owners of housing to comply with HUD Advertising Guidelines, and SECTION 5. That this City Council will maintain cooperation with fair housing groups, human relations bodies and other social, civil and religious groups interested in facilitating open communities. PASSED AND APPROVED this the /Z day of November, 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: La Donna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: P,-1 Richard D. Hughes, CiV Attorney City of Nederland, Texas 1 CITY OF NEDERLAND RESOLUTION 1997 -22 A RESOLUTION BY THE CITY COUNCIL AMENDING THE CITY'S INVESTMENT POLICY WHEREAS, the City of Nederland is required to adopt a written investment policy for the investment of its institutional funds in accordance with the Public Funds Investment Act, V.T.C.A. Government Code, Chapter 2256. WHEREAS, the City of Nederland desires to amend its existing investment policy "Section V. Investment Portfolio. Authorized Investments (G)" to allow for the investment in joint pools of political subdivisions to be limited to 40% of the City's investment portfolio, rather than 15 %. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the existing investment policy as amended, "Section V. Investment Portfolio. Authorized Investments (G)" to allow for the investment in joint pools of political subdivisions to be limited to 40% of the City's investment portfolio, rather than 15 %, is hereby accepted as setting forth investment policy and strategy guidelines for the City of Nederland. PASSED AND APPROVED by the City Council at its regular meeting on the io day of 6ocyj -dmA , 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 4aDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 CITY OF NEDERLAND ORDINANCE NO. 1997 -14 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF NEDERLAND, TEXAS, AND EXTENDING THE BOUNDARIES OF SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE SAID CITY, PROVIDING FOR PUBLICATION, AND A PENALTY CLAUSE. WHEREAS, the City is authorized to annex territory in accordance with V.T.C.A., Local Government Code, Section 43.021 and its home rule charter and by statute. WHEREAS, said territory proposed to be annexed is within the City's extraterritorial jurisdiction and is contiguous to the City, WHEREAS, the City has prepared a service plan for said territory which is attached as Exhibit "A" to this ordinance; WHEREAS, the City has, following due notice and publication in accordance with the requirements of V.T. C.A., Local Government Code, Section 43.052, conducted two (2 public hearings regarding the City's intended annexation of certain territory located contiguous to the City, WHEREAS, public hearings were conducted before the City Council on October 13, 1997, at 6:00 p.m. and on October 20, 1997, at 6:00 p.m., at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas; WHEREAS, after hearing arguments for and against the same the governing body has voted to annex said territory into the City under the authority of Section 43.053 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That the territory hereinafter described in Exhibit'B ", which is attached hereto and incorporated herein by reference as though copied verbatim, is hereby annexed into the City, and that the boundary limits of the City are hereby extended to include said territory within the city limits and the same shall hereafter be included within the territorial limits of said City, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the acts and ordinances of said City, including the fine and penalty provisions for violations of such ordinances and regulations. Section 2: That the municipal service plan for the herein annexed territory provided for in Exhibit "A ", which is attached hereto and incorporated herein by reference as though copied verbatim, is hereby adopted. Section 3: That the City Secretary is hereby directed to file with the County Clerk and other appropriate officials and agencies, as required by state and federal law and city annexation procedures, a certified copy of this ordinance. 0 Section 4: This ordinance shall be in full force and effect from and after its passage and publication as provided by the Home Rule Charter of the City of Nederland. PASSED AND APPROVED by an affirmative vote of the City Council of the City of Nederland this o day of 4,)", -LgA , 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST &0.�aw",ro ��(l.noi LaDonna Floyd, City S rceS etary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas I Exmbit "A " CITY OF NEDERLAND ANNEXATION SERVICE PLAN ' I. INTRODUCTION This Service Plan ( "Plan ") is made by the City of Nederland, Texas ( "City") pursuant to Chapter 43 of the Local Government Code ( "the Act'). This Plan relates to the annexation by the City of approximately 496.5 acres of land ( "Tract ") located in Jefferson County, Texas, generally North and West of the City and adjoining the existing City boundaries. The Tract is described by metes and bounds in Exhibit A and by map in Exhibit B which are included as a portion of this Plan. E. TERM: EFFECTIVE DATE This Plan will be in effect for a term often (10) years commencing upon the effective date of the annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS A. In General. This Plan includes two (2) service programs: the Early Action Program, described below, and the Capital Improvement Program, described below. B. Scope and Quality of Services. Services under this Plan will equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City, including the Tract, where differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. C. Definitions As used in this Plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other areas of the City. This may include causing or allowing private utilities, governmental entities, and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service 1 CITY OF NEDERLAND Annexation Service Plan ' Page 2 is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program 1. Statutory Services. The statutory services will be provided within the Tract within the period required by State law. Service will be provided in accordance with the following schedule: Police Protection: within ten (10) days of the effective date of the annexation. Fire Protection: within ten (10) days of the effective date of the annexation. Dispatching Services: within forty -five (45) days of the effective date of the annexation. Solid Waste Collection: within sixty (60) days of the effective date of the annexation. Inspections: within sixty (60) days of the effective date of the annexation. ' Planning: within sixty (60) days of the effective date of the annexation. Code Enforcement: within sixty (60) days of the effective date of the annexation. Roads, Streets, and Drainage: within sixty (60) days of the effective date of the annexation. Street Lighting: within sixty (60) days of the effective date of the annexation. Parks and Recreation: within ten (10) days of the effective date of the annexation. Library Facilities: within ten (10) days of the effective date of the annexation. Maintenance of Water Facilities: dependent upon existing circumstances. Maintenance of Wastewater Facilities: dependent upon existing circumstances. Other City Services: within sixty (60) days of the effective date of the annexation. 2. The statutory services are individually identified as follows: a. Police Protection. The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incidents reports, and, as appropriate, support by special units of the Department, including animal control services. b. Fire Protection. The Nederland Fire Department and the Nederland Volunteer ' Fire Department, Inc. will provide fire protection and fire prevention activities within the Tract. c. Dispatching Services. Mid County Central Dispatch will provide dispatching ser6ces to the Tract. CITY OF NEDERLAND Annexation Service Plan Page 3 ' d. Solid Waste Collection. The City will provide residential garbage and trash collection, and recycling service to eligible property owners. To be eligible for this service, property must have frontage on a public street and garbage must be placed in a City- provided container. Residential garbage and trash collection, and recycling service shall be provided in accordance with Ordinance No. 35, Ordinance No. 155, and subsequent amendments. Commercial and industrial service will be provided by private contractors. e. Inspections. Building/construction services, including enforcement of building code requirements, plan review, and on -site inspections, will be provided by the City to the Tract. f. Planning. Planninglzonins services will be provided by the City to the Tract. The proposed zoning designations for this area are indicated in Exhibit C. g. Code Enforcement. Code enforcement personnel will enforce the City's housing code and ordinances regarding junk motor vehicles, high weeds, unsafe ' buildings, and illegal dumping of refuse. h. Maintenance of Roads, Streets, and Drainage. The Department of Public Works will provide maintenance of roads, streets, traffic control devices, and drainage facilities not maintained by the Texas Department of Transportation. Maintenance will be provided to those right -of -ways that have previously been dedicated and accepted as public facilities, accepted for maintenance by Jefferson County, and that have actually been utilized for public purposes. i. Street Lighting. Street lighting will be made available in accordance with City policy. j. Parks and Recreation. Since there are no such public facilities within the Tract, any future maintenance of parks, playground, and recreation facilities will result from the acquisition and development of such facilities by the City. Persons residing in the Tract shall have the same access to City facilities as is currently afforded to Nederland residents. k. Library Facilities. Library services will be provided from existing and future facilities. Residents of the Tract will be eligible for borrowing privileges, as specified by the City's policies, as is currently afforded to Nederland residents. , 1. Maintenance of Water Facilities. For those areas within the Williamson (Falco), Armstrong Estates, Ridgecrest, and Crestview additions, the City will continue maintenance of water system infrastructure. Water services will be CITY OF NEDERLAND Annexation Service Plan ' Page 4 available subject to City policy. Water rates will be the same as that which is applied throughout the City. For that area within the Tract west of Highway 69 which is currently served by the City, the existing level of service will be maintained. Water rates will be the same as that which is applied throughout the City. For that area within the Tract west of Highway 69 which is not currently served by the City, water service is discussed within the Capital Improvement Program included within this Plan. m. Maintenance of Wastewater Facilities. For those areas within the Williamson (Falco), Armstrong Estates, Ridgecrest, and Crestview additions, the City will assume maintenance of wastewater collection system infrastructure. Wastewater service will be available subject to City policy. Wastewater rates will be the same as that which is applied throughout the City. For those properties which do not currently have wastewater service, this service will be available subject to City policy and as is indicated in the Capital Improvement ' Program included within this plan. For that area within the Tract west of Highway 69 which is currently served by the City, the existing level of service will be maintained. Wastewater rates will be the same as that which is applied throughout the City. For that area within the Tract west of Highway 69 which is not currently served by the City, wastewater service is discussed within the Capital Improvement Program included within this Plan. n. Other City Services. Other City services, to the extent applicable to persons or properties within the Tract, will be provided in accordance with standard City policies and procedures. E. Capital Improvement Program The City will initiate the construction of certain capital improvements necessary for providing municipal services for the tract. Those improvements which are necessary, are indicated below and any necessary construction will begin within two (2) years of the effective date of this Plan. Construction will be substantially completed within four and one -half (4' /z) years, unless the construction process is interrupted by circumstances beyond the control of the City, of the effective date of this Plan. Construction of other capital improvements shall be considered by the City in the future, as the needs dictate, on the same basis as such capital improvements are considered throughout the City. CITY OF NEDERLAND Annexation Service Plan Page 5 ' a. Police Protection: Additional capital improvements are not necessary at this time nor anticipated in the future. b. Fire Protection: Additional capital improvements are not necessary at this time, however, the long -term provision of service to the Tract may require capital improvements. The Tract will be included with other territory in connection with new, revised, or expanded fire fighting facilities. c. Dispatching Services. Additional capital improvements are not necessary at this time nor anticipated in the future. d. Solid Waste Collection. Additional capital improvements are not necessary at this time. It may, however, be necessary to acquire another trash truck at some time in the future. e. Inspections. Additional capital improvements are not necessary at this time nor anticipated in the future. f. Planning. Additional capital improvements are not necessary at this time nor ' anticipated in the future. g. Code Enforcement. Additional capital improvements are not necessary at this time nor anticipated in the future. h. Maintenance of Roads, Streets, and Drainage. Additional roads, streets, drainage, and/or related facilities are not necessary to serve the Tract at this time. Future work with respect to this infrastructure will be undertaken by the City as necessary and in accordance with City policies. The Tract will be included with other territory in connection with planning for new and/or expanded facilities. i. Street Lighting. Beyond street lighting made available in the Early Action Program of this Plan, additional capital improvements are not necessary at this time. Any additional facilities will be in accordance with City policies. . j. Parks and Recreation. Additional capital improvements are not necessary at this time. The Tract will be included with other territory in connection with planning for new facilities. k. Library Facilities. Additional capital improvements are not necessary at this time , nor anticipated in the future. 1. Maintenance of Water Facilities. Any necessary construction will be initiated CITY OF NEDERLAND Annexation Service Plan ' Page 6 within two (2) years of the effective date of this Plan. Construction will be substantially completed within four and one -half (4%) years, unless the construction process is interrupted by circumstances beyond the control of the City, of the effective date of this Plan. Preliminary/tentative plans are indicated in Exhibit D. m. Maintenance of Wastewater Facilities. Any necessary construction will be initiated within two (2) years of the effective date of this Plan. Construction will be substantially completed within four and one -half (4%) years, unless the construction process is interrupted by circumstances beyond the control of the City, of the effective date of this Plan. Preliminary/tentative plans are indicated in Exhibit E. n. Other City Services. In general, other City functions and services, and the additional services described above, can be provided to the Tract utilizing existing capital improvements. Additional capital improvements are not necessary to provide City services, however, the Tract will be included with other territory in connection with planning for new, revised, and/or expanded services. IV. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this Plan shall require the City to provide a uniform level of service to each area of the City, including the annexed area, if differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. V. AMENDMENT This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. VI. FORCE MAJEURE Should a force majeure interrupt the service described herein, the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. `Force Majeure", for the purpose of this Plan, will include, but not be limited to, acts of God, acts of the public enemy, war, blockades, tornadoes, hurricanes, arrests and restraints of government, explosions, and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. CITY OF NEDERLAND Annexation Service Plan Page 7 VII. ENTIRE PLAN This document contains the entire and integrated Service Plan relating to the Tract and supercedes all other negotiations, representatives, plans, and agreements, whether written or oral. �I J 1 CITY OF NEDERLAND AN AMENDMENT TO ORDINANCE NO. 154 AN AMENDMENT CHANGING THE BOUNDARY LINES OF WARDS WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND WHEREAS, the City Council of the City of Nederland is desirous of changing the boundary lines of each ward in order to equalize the population in all four wards and to include the area annexed on November 10, 1997. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: Hence forward that Ward I shall be comprised of the territory within the city limits that is east of the Kansas City Southern right -of -way and that territory west of the Kansas City Southern right -of -way and bounded by the Kansas City Southern right - of -way and the centerline of Avenue "H ", Nederland Avenue, and the Entergy /GSU right - of -way; SECTION 2: Hence forward that Ward II shall be comprised of all territory beginning at a point on Nederland Avenue on the east side of Kansas City Southern right - of -way, THENCE, southwesterly along the centerline of Nederland Avenue to the centerline of 27`h Street; THENCE northwesterly along the centerline of 27`h Street to the northwest right -of- way of Canal Avenue; THENCE, southwesterly along said northwesterly right -of -way line of Canal Avenue to a point for corner in the northeasterly right -of -way line of U.S. Hwy. 69, 96, & 287; THENCE, northerly along said northeasterly right -of -way line of U. S. Hwy. 69, 96, & 287 to the southwesterly right -of -way line of the LNVA Canal, THENCE, northwesterly, along said southeasterly right -of -way line of the LNVA Canal, and on a northeasterly projection of said southeasterly right -of -way crossing a southeasterly fork of the LNVA Canal to the northeasterly right -of -way of said fork, being also the most southwesterly property line of the Nederland Independent School District High School Property, a point for corner; THENCE, northerly along and with the Nederland Independent School District High School property and the easterly side of the LNVA Canal to a 1/2" diameter steel rod located approximately 15 feet from the said LNVA Canal easterly right -of -way line, a point for corner in the Nederland Independent School District High School property and a point for corner in herein described tract or parcel of land; THENCE, north 48° 46' west along and with the southwesterly property line of the Nederland Independent School District high school property, crossing the LNVA Canal and continuing to an intersection with the southeasterly right -of -way of Spurlock Road, a total distance of 1300 feet more or less and a point for corner; THENCE, northeasterly along and with the southeasterly right -of -way line of Spurlock Road, crossing 18'h Street, to the northeasterly right -of -way line of 18`h Street, a distance of 1,534 feet more or less a point for corner, THENCE, southeasterly along and with the northeasterly right -of -way line of 18`h Street to the northwesterly corner of the Moore and Richardson 3.617 acre tract or parcel of land, said corner marked with a 1/2" diameter reinforced rod in the said northeasterly right -of -way line of 18" Street, a point for corner, THENCE, north 41 ° 13' east along and with the northwesterly property line of the Moore and Richardson tract, to the northeasterly corner of said Moore and Richardson tract, same being the northwesterly corner of the YMCA tract, continuing along and with the northwesterly property line of the YMCA tract to the northeasterly corner of said YMCA tract said corner being located in the Southwesterly right -of -way line of Gulf States Utilities right -of -way, a point for corner, THENCE, southeasterly along and with the southwesterly right -of -way line of Gulf States Utilities right -of -way, crossing the LNVA Canal and Canal Avenue to the Southeasterly right -of -way line of said Canal Avenue; THENCE, northeasterly along the southern line of Canal Avenue to a point situated on the most Southerly boundary line of Canal Avenue at a common line of Lot 7, Block 17, Range G, Port Arthur Land Company Survey and Lot 6, Block 17, Range G, Port Arthur Land Company Survey, Jefferson County, Texas, THENCE, north 48° 47' west a distance of 1360 feet more or less to the northwest corner of Lot 2, Block 18, Range G of the Port Arthur Land Company Survey of Jefferson County, Texas, a point for corner; THENCE, north 41 ° 13' east along the common line of Lot 2, Lot 7, Lot 8, Lot 1, Block 18, Range G a distance of 1320 feet to the northeast corner of Lot 1, Block 18, Range G, also being the southeast corner of Lot 8, Block 18, Range G of the Port Arthur Land Company, a point for corner; THENCE, south 48° 47' east along the common line of Lot 1, Block 18, Range G, and Lot 4, Block 18, Range F, Port Arthur Land Company Survey, a distance of 1360 feet more or less to a point for corner, said point being situated on the most southerly boundary line of Canal Avenue at a common line of Lot 8, Block 17, Range G, and Lot 5, Block 17, Range F, of the Port Arthur Land Company Survey, Jefferson County, Texas; THENCE, northeasterly along the southerly line of Canal Avenue, and its extension, to the east right -of -way of the Kansas City Southern Railroad; THENCE, southeasterly along the east right -of -way of the Kansas City Southern Railroad to the point of beginning. SECTION 3: Henceforward the boundary lines of Ward III shall be comprised of all that territory beginning at a point on Avenue H and east boundary line of Kansas City Southern Railroad; THENCE, south along said line of Kansas City Southern Railroad to Highway 365; THENCE, in a southwesterly direction along north side of Highway 365 to U. S. Hwy. 69, 96, & 287; THENCE, north along U. S. Hwy. 69, 96, & 287 to the centerline of Avenue H; THENCE, easterly along the centerline of Avenue H to the centerline of South 27`h Street; THENCE, north along the centerline of South 27`h Street to the centerline of Nederland Avenue; ' THENCE, east along the centerline of Nederland Avenue to the centerline of Entergy /GSU right -of -way; THENCE, south along the Entergy /GSU right -of -way to the centerline of Avenue H THENCE, east along the centerline of Avenue H to the point of beginning. SECTION 4: HENCE, forward that Ward IV shall be comprised of the territory beginning at the intersection of the centerline of Avenue H with the east right -of -way line of U. S. Hwy. 69, 96, & 287, THENCE, north along the east right -of -way line of U. S. Hwy. 69, 96 & 287 to the south right -of -way line of Canal Avenue, THENCE ,continuing Southwesterly, crossing the right -of -way of U. S. Highway No. 69, 96 & 287 to a point for corner at the intersection of the Southwesterly right -of -way line of U. S. Highway No. 69, 96, & 287 and the Southeasterly right -of -way line of Viterbo Road, THENCE, continuing Southwesterly, along said Southeasterly right -of -way line of Viterbo Road to a point for corner in the extension of the Southwesterly line of Lot 1 Block 2 of the J. D. Ford Subdivision; THENCE, Northwesterly, along said extension of Lot 1 to a point in the Northwesterly right -of -way line of Viterbo Road, said point also being the most southerly corner of Lot 1, Block 2 of the J. D. Ford Subdivision, ' THENCE, continuing Northwesterly, along the Southwesterly line of said Lot 1, Block 2 of the J. D. Ford Subdivision, to a point in the West line of said J. D. Ford Subdivision, THENCE, Northerly, along the Westerly line of said J. D. Ford Subdivision, to a point for the Northwest corner of Lot 11, Block 2 of said J. D. Ford Subdivision; THENCE, Northeasterly, and along the Northerly line of Lots 11, 12 and 13 of Block 2 of said J. D. Ford Subdivision, to the Northeast corner of Lot 13, Block 2 of said J. D. Ford Subdivision, said corner being in the Southwesterly right -of -way line of Holmes County Road, THENCE, Northwesterly, along the Southwesterly line of said Holmes County Road and the extension of said right -of -way line, to a point in the centerline of Rodair Gully; THENCE, Northeasterly, along and with the meanders of the centerline of said Rodair gully to a point in the Southwesterly right -of -way line of U. S. Highway No. 69, 96 & 287; THENCE, Southeasterly, along said Southwesterly right -of -way line of U. S. Highway No. 69, 96 & 287 to a point for corner, THENCE, Northeasterly, crossing the right -of -way of U. S. Highway No. 69, 96, & 287, to a point in the Northeasterly right -of -way line of U. S. Highway No. 69, 96, & 287. THENCE, Southeasterly, along said Northeasterly right -of -way line of U. S. Highway No. 69, 96, & 287, to a point in the Northwesterly right -of -way line of said Canal Avenue; AL THENCE, Northeasterly, along said Northwesterly right -of -way line of Canal Avenue to the centerline of 27th Street; THENCE, south along the centerline of 27'^ Street to the centerline of Avenue H' THENCE, west along the centerline of 27`h Street to the point of beginning. SECTION 5: If any section, portion, subdivision, clause, or provision of this ordinance shall be judged 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 declared to be invalid. PASSED AND APPROVED by the affirmative vote of members of the City Council of the City of Nederland, this the /Q_ day of :t]6u r-,_( -, , 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: U". '� LaDonna Floyd, City S cretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard'D. 14uglies, City Attorney City of Nederland, Texas 1 C AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING FOR STOP SIGNS, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00). WHEREAS, the City Council ofthe City of Nederland is ofthe opinion that additional traffic control devices are required in order to properly regulate traffic and maintain safety on the roads and streets ofthe City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the following language: ARTICLE VII. SECTION 54 - STOP SIGNS The intersection at Holmes Road and Beauxart Garden Road shall be designated as a "4 -Way Stop Intersection ". Stop signs shall be erected at all four corners. All vehicles must come to a complete stop before the intersection or any designated crosswalk. The intersection at 27' Street and Canal Avenue shall be designated as a "4 -Way Stop ' Intersection ". Stop signs shall be erected at all four corners. All vehicles must come to a complete stop before the intersection or any designated crosswalk. • stop sign shall be erected on Parkway at US Hwy. 69 • stop sign shall be erected on US Hwy 69 at Beauxart Garden Road • stop sign shall be erected on Hodgson at Beauxart Garden Road • stop sign shall be erected on Gayle Lane at Holmes Road • stop sign shall be erected on Ford at Holmes Road • stop sign shall be erected on Holmes Road at Viterbo Road • stop sign shall be erected on 1" Street at Viterbo Road • stop sign shall be erected on Bourque Road at US Hwy 69 • stop sign shall be erected on Hodgson Road at Bourque Road • stop sign shall be erected on Shelly at Beauxart Garden Road • stop sign shall be erected on Green Avenue at Holmes Road • stop sign shall be erected on Ford at Viterbo Road • stop sign shall be erected on 1' Street at Green Avenue • stop sign shall be erected on Canal Avenue at US Hwy 69 • stop sign shall be erected on 34' Street at Canal • stop sign shall be erected on 32nd Street at Canal • stop sign shall be erected on 31" Street at Seattle • stop sign shall be erected on 30' Street at Seattle • stop sign shall be erected on 28' Street at Seattle • stop sign shall be erected on 34' Street at Seattle • stop sign shall be erected on 32' Street at Seattle • stop sign shall be erected on 30' Street at Canal • stop sign shall be erected on 29' Street at Canal • stop sign shall be erected on Seattle at 27"' Street All vehicles must come to a complete stop before the intersection or any designated crosswalk. ARTICLE XVI. SECTION 122 - PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ARTICLE XVII. SECTION 133 - EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect on December 12, 1997. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas on this the 10 day of Ani"mLwA , 1997. 'Homer E. Nagel, Mayor - v City of Nederland, Texas ATTEST: a onna Fl " oyd, City Se cre'tary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard Hughes, City Attorney City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 6:00 p.m. November 24,1997 MEETING The meeting was called to order by Mayor Homer E. Nagel at 6:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the October 27, 1997 meeting as written. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Daughtry to postpone authorizing bids for one (1) pickup truck for the Fire Department. All Voted Aye. Philip Long, Long * Magnuson Architects, Inc., stated that they recommend the City award the bid for construction of the new library to the second lowest bidder, Hughes Building & Construction. ' Andr6 Wimer, City Manager, informed the Council that the low bidder, N & T Construction did not submit the proper bid bond amount. A motion was made by Mayor Nagel and seconded by Councilman Nugent to award bids received for construction of the new library to Hughes Building & Construction, Beaumont, TX, in the amount of $732,126. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to table authorizing bids for the library. All Voted Aye. LICENSES, A motion was made by Councilman Nugent and seconded by Councilman PERMITS & FEES Radcliff to accept applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 1. B. K. Hammerly dba American Legion Post 493 2. Irene Collins dba Irene's, Inc. 3. R.H.M. Corporation dba LaSuprema 4. Travis Neal Pierce dba Mazzio's Pizza 5. Albert Ramirez dba Taco Rey ' 6. Constantine Megas dba The Schooner 7. Joe Tortorice dba Novrozsky's 8. Sal Carfi dba Italian Restaurant & Flying Pizza 9. Kimberly Sartin dba Sartin's Seafood All Voted Aye. Minutes continued, November 24,1997 ORDINANCE A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve an Amendment to Ordinance No. 107, traffic ordinance, erecting stop signs on Boston at 31 Street and on Boston at Gage. All Voted Aye. CHANGE ORDER Andre Wimer, City Manager, stated that Applied Geological Technologies, Inc. has requested a change order due to the depth of the monitoring wells being greater than anticipated. This additional cost is reimbursable by the State as have been the other expenses related to the installation of the monitoring wells. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Change Order No. 04 -4 in the amount of $1,662.60 to Applied Geological Technologies, Inc. All Voted Aye. PARKS AND A motion was made by Mayor Nagel and seconded by Councilman Daughtry RECREATION to declare three (3) animal rocker /riders as surplus. All Voted Aye. LIBRARY A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the submission of a grant application to the J. Frank Dobie Library Trust. All Voted Aye. CONTRACTS/ A motion was made by Councilman Daughtry and seconded by Councilman AGREEMENTS Sawyer to postpone extending the contract with BFI Waste Systems of North America, Inc. for street sweeping services. All Voted Aye. SIDEWALKS The City Manager reported that the City Attorney has obtained further information regarding the maintenance of sidewalks. Richard Hughes, City Attorney, stated that he has researched our current ordinance relative to sidewalk maintenance, which places the responsibility on the abutting property owner. He added that he could find no statutory authority to require the property owner to maintain the sidewalks that are located on city right -of -way. Mr. Hughes talked to Lane Nichols, Beaumont City Attorney, and their ordinance also places the responsibility on the property owners. Mr. Nichols stated that the City of Beaumont repairs the sidewalks then sends a statement of costs to the property owner. He advised Mr. Hughes that this method has been successful for them and has not been challenged in court. Mr. Hughes said that if the City has knowledge of a sidewalk that is considered a safety hazard then we would be held liable if immediate action to repair the defect was not taken. 1 1 1 Minutes continued, November 24,1997 Mayor Nagel stated that he believes the City should take responsibility for the maintenance of sidewalks which are located on right -of -way since the City did authorize the installation. However, he added that if a property owner has caused the damage (trees, etc.) then the repair cost should be assessed to them. Mr. Hughes added that there may be deed restrictions in some subdivisions that put the maintenance responsibility on the property owners. Under our current ordinance the City can make the necessary repairs and then pass the expenses on to the property owners, but we are not required to. Mayor Nagel suggested that the City begin making all repairs that are considered to be a safety hazard and leave the ordinance as it is. He also suggested that the City Manager and Director of Public Works discuss this issue further and make a recommendation to the Council. POLICIES / Andr6 Wimer, City Manager, presented the Council with a proposed Sexual PROCEDURES Harassment Policy which was developed by a committee of non - supervisory employees. The policy was prepared without direct supervision or guidance of management. It was then submitted to the City Manager and Assistant to the City Manager for review, they in turn offered comments and suggestions ' and the group again met, with the result being the proposed document. Mr. Wimer stated that the policy lists the responsibilities of the complaining employee, as well as the City's responsibilities. Mr. Hughes suggested that the last sentence of Section 1.06.04 - Violations - be changed because he feels it would be difficult to enforce "any employee who refuses to cooperate in an investigation." Mayor Nagel agreed with the City Attorney. Mr. Hughes added that the only suggestions he would have would be to change the above statement and the time limit set on reporting an incident. Mr. Wimer informed the Council that he will notify the committee and ask for input on the above suggestions. He will then place the policy on the next agenda for approval. Andr6 Wimer, City Manager, reported to the Council that Ernie Knod, OCAW, wanted to visit with him regarding the City's procedures for promotion. Mr. Wimer suggested that the discussion on the procedures be postponed until he has had an opportunity to get the Union's input and suggestions. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Schaumburg & Polk, Inc. as follows: $2,475.95, surveying services related to water line relocation (Gage Avenue); $3,183.00, Nederland Avenue rehabilitation; $12,185.70, wastewater system improvements; $24,073.73, Sanitary Sewer Evaluation Survey; and, $364.04, NPDES Permit Application. All Voted Aye. Minutes continued, November 24,1997 A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize payment to Costello, Inc. in the amount of $5,899.04, drainage I study. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Neches Engineers in the amount of $3,249.46, roof repairs to Police Station. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman Sawyer SESSION to postpone the Executive Session. All Voted Aye. OFFICIAL'S Andr6 Wimer, City Manager, reported that the work on the pond at Doombos COMMENTS Park is progressing. He also reported that the new radios in the Police Department have been installed. Mr. Wimer informed the Council that the Nederland Professional Lion's Club has expressed a willingness to maintain a City Pride Sign on TxDOT right- of -way entering the city. He advised that he did forward a copy of the TxDOT rules and regulations relating to these signs to the Lion's Club. The City Manager stated that the Planning and Zoning Commission met last ' week and approved the proposed zoning in the newly annexed area. A joint public hearing will be scheduled for January 12, 1998. He also reported that the Zoning Board of Appeals discussed the possibility of assessing fees for various items that are brought before them. These suggested fees will be presented to Council at a later date. Mr. Wimer reported that another public meeting was conducted last week to discuss the proposed overpass at Hwy. 365 and Twin City Hwy. He stated that he and the Mayor attended this meeting and still does not really know where this issue stands at this time. The budget and design selection information appears to change at each meeting. There will be another meeting on December 31. Councilman Nugent reported that the corner of 27' Street and Nederland Avenue is in need of repair. Councilman Sawyer reported that comer of Twin City Hwy. and Nederland Avenue (near Dickerson's Exxon) is also in need of repairs. Councilman Daughtry stated that he has not seen the patch crew doing any I repairs in quite some time. He added that the streets are in poor condition in many locations throughout the City. Minutes continued, November 24,1997 ADJOURN There being no further business the meeting was adjourned by Mayor Nagel at 8:06 p.m. ATTEST: I' L4d LaDonna Floyd, City Secretary City of Nederland, Texas 1 1 Lia Qzc Homer E. Nagel, Mayor �V City of Nederland, Texas CITY OF NEDERLAND I COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor ✓ Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer ✓ Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Mayor City Secretary it- a�r.9� Date 1 1 AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING FOR STOP SIGNS, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00). WHEREAS, the City Council of the City of Nederland is of the opinion that additional traffic control devices are required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the following language: ARTICLE VII. SECTION 54 - STOP SIGNS A stop sign shall be erected on Boston Avenue at 3' Street A stop sign shall be erected on Boston Avenue at Gage Avenue All vehicles must come to a complete stop before the intersection or any designated crosswalk. ARTICLE XVI. SECTION 122 - PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ARTICLE XVII. SECTION 133 - EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas on this the .2 °f day of �)OUG-d1N. , 1997. ATTEST: &1(o LaDonna w , it S Y� ry City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard Hughes, City Attorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. December 8, 1997 MEETING The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the minutes of the November 24, 1997 meeting as written. All Voted Aye. DONATION Bill Cummins and Lester Youngblood, South County Breakfast Lions Club, presented a check in the amount of $500.00 to the City to be used to purchase a bench for the playground area at Doornbos Park. Mayor Nagel thanked the Lions Club on behalf of the citizens for their generous donation. Jim Weaver, Director of Parks and Recreation, also thanked them for their generosity. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the donation from the South County Breakfast Lions Club. All Voted Aye. SOLID WASTE A motion was made by Councilman Sawyer and seconded by DEPARTMENT Councilman Daughtry to authorize the purchase of 210 garbage containers from HGAC in the amount of $9,979.49. All Voted Aye. FIRE A motion was made by Councilman Nugent and seconded by DEPARTMENT Councilman Sawyer to authorize purchase of bunker gear for the Volunteer Fire Fighters in an amount not to exceed $11,000.00, and ' to limit the number of volunteers to seventeen (17). All Voted Aye. 1 Minutes continued, December 8, 1997 LIBRARY A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Change Order No. 1, Marion and Ed Hughes Library construction, in the amount of $5,312.00 for asbestos abatement, contingent upon final approval of the contractor's bond. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve an application for automated enhance request to Houston Area Library System (HALS) for the use of a scanner at no cost to the City. All Voted Aye. WATER Don Reichle, Don S. Reichle & Associates, presented a report on the STORAGE South 5`" Street water storage tank. Mr. Reichle stated that this water TANK tower has a high lead content in the paint. The removal of lead paint is very costly with strict regulations to follow, therefore, he is recommending that the City leave the existing paint system in tact and the only painting required would be touch -up cleaning and painting. Mr. Reichle briefly reviewed the report. Andre' Wimer, City Manager, recommended that we move forward with Reichle & Associates to prepare the bid documents for this work. He added that this will appear on an agenda in the near future. BIDS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bids received for water storage tank repairs for the Canal Avenue tank to Coatings, Inc., Smithton, IL, in the amount of $71,706.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for one (1) mini excavator to CLM Equipment, Nederland, TX, in the amount of $25,600.00. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Nugent to postpone authorizing the advertisement of bids for one (1) pickup truck for the Fire Department. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize advertisement of bids for street sweeping services in conjunction with the Cities of Orange and Port Neches. All Voted Aye. Minutes continued, December 8, 1997 LICENSES, A motion was made by Councilman Nugent and seconded by PERMITS & FEES Councilman Radcliff to approve applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 1. B.K. Hammerly dba American Legion Post 493 2. Irene Collins dba Irene's, Inc. 3. R.H.M. Corporation dba LaSuprema 4. Travis Neal Pierce dba Mazzio's Pizza 5. Albert Ramirez dba Taco Rey 6. Constantine Megas dba The Schooner 7. Joe Tortorice dba Novrozsky's 8. Sal Carfi dba Italian Restaurant and Flying Pizza 9. Kimberly Sartin dba Sartin's Seafood. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve an Amendment to Ordinance No. 147, personnel policy - sexual harassment, to be effective January 1, 1998, contingent upon adding in Section 1.06.07(d) "Register a written complaint initially, or ..." All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone the first reading of Ordinance No. 1997 -15, franchise agreement with Entex. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone approving an Amendment to Ordinance No. 146, zoning ordinance. All Voted Aye. RESOLUTION A motion was made by Councilman Nugent and seconded by Mayor Nagel to approve Resolution 1997 -24, notifying Jefferson County Rural Fire Prevention District No. 1 of the annexation. All Voted Aye. TCI CABLEVISION A motion was made by Mayor Nagel and seconded by Councilman Sawyer to disregard the request by TCI Cablevision regarding payment of franchise fees. All Voted Aye. HOLIDAYS A motion was made by Mayor Nagel and seconded by Councilman Nugent to change the December 24`h holiday to December 26`h for 1997 for all employees, except police bargaining unit, fire fighters, dispatching, and water and wastewater treatment plant employees. All Voted Aye. 1 C Minutes continued, December 8, 1997 SIDEWALKS Mayor Nagel suggested that the City keep the sidewalk ordinance as is. He stated that the city should be responsible for all areas that are considered to be a safety hazard. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment of the bills for the month of November, 1997. All Voted Aye. EXECUTIVE The regular meeting was recessed by Mayor Nagel at 5:15 p.m. for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Robert Miller vs. City of Nederland, and Louis Hernandez vs. City of Nederland. RECONVENE The regular meeting was reconvened by Mayor Nagel at 5:30 p.m. He announced that the Executive Session was held for informational purposes only. OFFICIAL'S Andre' Wimer, City Manager, announced that the groundbreaking for COMMENTS the Ed and Marion Hughes Library will be held Tuesday, December 9th at 1:00 p.m. The City Manager reported that another meeting was conducted last week regarding the overpass selection at Hwy. 365 and Twin City. It appears that no decisions will be made before the end of January. Mr. Wimer stated that rolloff garbage containers will be located at the Warehouse during the Christmas holidays for citizen convenience. ADJOURN There being no further business the meeting was adjourned by Mayor Nagel at 5:40 p.m. ATTEST: �La onna Floyd, ecretary City of Nederland, Texas Homer E. Nagel, Mayor�� City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief / Cheryl Dowden City Treasurer ,/ Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian ✓ Mayor City Secretary Date AN AMENDMENT TO ORDINANCE 147 AN ORDINANCE AMENDING THE CITY OF NEDERLAND PERSONNEL POLICY DEALING WITH SEXUAL HARASSMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council previously enacted an Amendment to Ordinance No. 147, which adopted a new Personnel Policy Ordinance effective November 27, 1995; and WHEREAS, the City Council is of the opinion that a new policy should be established regarding sexual harassment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: The City of Nederland Personnel Policy, Section 1.06, relating to sexual harassment is amended to read as follows: 1.06 SEXUAL HARASSMENT. 1.06.01 Preface. Legal and moral precepts make sexual harassment in the workplace completely improper. It has long been the CITY OF NEDERLAND's policy that all employees have the right to work in an environment free from any type of unlawful discrimination, including sexual harassment. Employees shall be responsible and held accountable for their own individual behavior so as not to violate the provisions of this policy. Employees are responsible for ensuring that they do their part in maintaining a work ' environment that is free from discriminatory insults, ridicule, intimidation, and other types of harassment. The condoning of a hostile workplace by employees is not conducive to the spirit and intent of the CITY OF NEDERLAND's commitment to ensuring fair and equal treatment of employees. 1.06.02 Policy. It is the policy of the CITY OF NEDERLAND to promote a productive work environment free of any sexually offensive verbal or physical conduct by any employee that harasses, disrupts, or interferes with another employee's work performance, or that creates an intimidating, offensive, or hostile work environment. 1.06.03 Definitions. Each Department Head, supervisor, and employee has a responsibility to keep the workplace free of any form ofharassment, and in particular, sexual harassment. No Department Head or supervisor is to threaten or insinuate, either explicitly or implicitly, that an employee's refusal or willingness to submit to sexual advances will affect the employee's terms or conditions of employment. No employee shall create an intimidating, hostile, or offensive work environment as defined by this policy. There are four primary types of sexual harassment defined by this policy: "Quid Pro Quo ", "Hostile Environment ", "Indecent Exposure ", and 'Disorderly Conduct." a. Quid Pro Quo. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "quid pro quo' sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an employee's employment; or 2. Submission to or rejection of such conduct by an employee is used as the ' basis for employment decisions affecting such employee. b. Hostile Environment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute a "hostile work environment" when such conduct has the purpose or effect of unreasonably Page 2 interfering with an employee's work performance or creating an intimidating, hostile, , or offensive work environment. A hostile work environment may include, but is not limited to, the following: 1. The display in the workplace of demeaning, insulting, intimidating, or sexually suggestive pictures, cartoons, calendars, graffiti, objects. 2. Sexually suggestive and/or derogatory language, jokes, gestures, comments; suggestive or insulting sounds or whistling. 3. Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages. 4. Unwanted physical contact or conduct of any kind, including sexual flirtations, touching, advances, or propositions. Indecent Exposure. Indecent Exposure, as defined by the Texas Criminal Penal Code, shall not be tolerated. The Texas Criminal Penal Code states: "Sec. 21.08 Indecent Exposure (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act." d. Disorderly Conduct. Disorderly Conduct, as defined by the Texas Criminal Penal Code, shall not be tolerated. The Texas Criminal Penal Code states: "42.01 Disorderly Conduct (a) A person commits an offense if he intentionally or knowingly: (12) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act." Proper and decent (that which covers private body parts) clothing is to be worn at all times , by all employees while on CITY OF NEDERLAND premises, while working, and while representing the CITY OF NEDERLAND in a manner that no one would misconstrue as offensive or indecent exposure. A suitable designated area should be established for those departments that require changing of uniforms. 1.06.04 Sexual harassment does not refer to occasional compliments of a socially acceptable nature. 1.06.05 Violations. Sexually harassing or offensive conduct in the workplace, whether committed by Department Heads, supervisors, or non - supervisory employees is prohibited. An employee who violates this policy, or who retaliates against another employee for filing a complaint, will be subject to disciplinary action up to and including termination. If an employee feels he/she is or has been a victim of sexual harassment, he/she shall submit a written complaint as indicated in Section 1.06.07. All complaints will be investigated in as confidential a manner as possible and appropriate action will be taken. However, if an investigation of a complaint determines that the complaint was false or filed in bad faith, the employee who filed the complaint will be subject to disciplinary action up to and including termination. Any employee who is a witness or complainant or who has any knowledge of such a violation and refuses to cooperate in an investigation, or who provides false information, or who intentionally withholds information may be subject to disciplinary action. 1.06.06 Training. A primary focus will be to educate all Department Heads, supervisors, and non- supervisory employees in the latest sexual harassment laws and any updates concerning this issue shall be made known to them either by newsletter or informal meetings , in a timely manner. 1.06.07 Employee's Responsibility. It is the complaining employee's responsibility to: a. Advise the offending employee that the conduct in question is offensive, and request that it be discontinued immediately. The complaining employee is not required to Page 3 confront the offending employee since personality differences could make the ' situation more tense. A third person of the complaining employee's choice in more cases than not can usually act as a buffer or can diffuse a possible volatile situation. Confronting the offending employee shall be the decision of the complaining employee. b. Believe beyond a reasonable doubt that sexual harassment exists. C. Document the incident (time, place, what occurred), witnesses' names, and other substantiating information. d. Register a written complaint initially, or if the offending conduct continues or recurs. The complaint must be submitted in writing and signed by the complaining employee. However, if the complaining employee is unable to submit the complaint in writing, the supervisor will ensure that assistance is provided in reducing the complaint to written form. At the employee's option, the written complaint may be submitted directly to the City Manager or his/her designee, or to the City Council if the City Manager is the subject of the complaint. The CITY OF NEDERLAND's grievance procedure (see Grievances) provides procedures for reporting alleged sexual harassment. e. File a copy of the complaint with the City Manager or his/her designee. f. Register a written complaint and submit sufficient/supportive documentation, such as date, time, description of incident, to the City Manager or his/her designee within 30 calendar days of occurrence or the incident will be considered time - barred. Employees are strongly encouraged to report incidents as soon as possible following occurrence. Additional time needed to register a written complaint will be left to the discretion of the City Manager. 1.06.08 CITY OF NEDERLAND's Responsibility. a. The City Manager or his/her designee will assist the complaining employee in ' reducing the complaint to written form. b. The City Manager or his/her designee will meet with the complaining employee within ten (10) working days of receipt of the written complaint. However, it is understood that the most immediate time practical will be utilized. C. With prior notification to the City Manager or his/her designee, the complaining employee and responding employee will be allowed to have an individual of their choice present at the investigative interview. d. The City Manager or his/her designee conducting the interview shall make every reasonable effort to determine the facts pertinent to the complaint. If the complaint can be resolved to the satisfaction of all parties, the investigation shall be considered closed. e. The City Manager or his/her designee shall prepare a summary report which shall include recommended disciplinary action. f. Every reasonable effort will be made to ensure that no retaliation occurs. g. Upon conclusion of the investigation, the findings will be communicated in writing to the complaining employee. WHEN EFFECTIVE: This amendment shall be effective on the J q day of 1.anu=, 192$. PASSED AND APPROVED by the City Council of the City of Nederland this _L day of �1Ldr3/de —, 1997. Homer E. Nagel, Mayor 21 City of Nederland, Texas Page 4 ATTEST: 44--- L2"L4 r LaDonna Floyd, City Secretary City of Nederland APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland 1 7 LJ 1 CITY OF NEDERLAND RESOLUTION 1997 -24 WHEREAS, the City of Nederland is required under the provisions of V.T.C.A., Health and Safety Code §794.053(d) to provide notice to the Secretary of the Board of Fire Commissioners of City's annexation of territory located within the rural fire prevention districts; and WHEREAS, the City has fully annexed certain territory located within the Jefferson County Rural Fire Prevention District 1 and is providing fire protection services to these territories; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: That the City Manager or his designee is hereby authorized to provide written notice to the Secretary of the Board of Fire Commissioners for the Jefferson County Rural Fire Prevention District 1 that the City has annexed the territory located within said districts' boundaries designated on the attached maps filed with the City Secretary's Office, and that the City is providing fire protection services to said territories. That said notice shall further request that the Board of Fire Commissioners for Jefferson County Rural Fire Prevention District 1 comply with the provisions of V.T.C.A., Health and Safety Code §794.053(e) by ceasing to provide further service to said territories, by excluding the territories from the district by order, and by redefining the districts' boundaries. PASSED AND APPROVED this the 8 day of 1997. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard Hughes, City Attorney City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. December 15, 1997 MEETING The meeting was called to order by Mayor Homer E. Nagel at 6:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the previous meeting of December 8, 1997 as written. All Voted Aye. WATER TREAT- Andre' Wimer, City Manager, reviewed the Asbestos Environmental MENT PLANT Survey prepared on the old water treatment plant. Asbestos was found to be present in several areas. The estimated cost for the removal of the asbestos is $40,000. Approximately one year ago the City received a rough demolition estimate of $70,000 for the old plant, therefore, the total cost may be in the $110,000 range. It is anticipated that this work will be done with remaining bond funds, however, he indicated that the work on the Canal Avenue and South 5t" Street towers should be completed first. CONTRACTS- A motion was made by Mayor Nagel and seconded by Councilman POLICE Sawyer to approve a contract with the Nederland Police Officers' OFFICERS' Association for a two- year term to expire September 30, 1999. All ASSOCIATION Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve a one -time pay supplement retroactive to October 1, 1997 to members of the Nederland Police Officers' Association for a 3% increase for straight time, overtime, shift differential, and certification pay increase. All Voted Aye. 1 Minutes continued, December 15, 1997 LIBRARY A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Change Order No. 2, Marion and Ed Hughes Library, in the amount of - $18,150.00, to delete fascia system of east wall; delete chainlink fence at mechanical courtyard; reduce number of fixtures, delete ceramic tile on walls in restrooms; delete shelving in storage 112; change all recessed corner guards to surface mounted corner guards; delete display case in meeting room; and delete furrdown, barrel vault and wall sconces in lobby. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve a Technology Plan for the new library. All Voted Aye. ORDINANCE Andre' Wimer, City Manager, read Ordinance No. 1997 -15, franchise agreement with Entex. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the first reading of Ordinance No, 1997 -15, franchise agreement with Entex. All Voted Aye. STREET LIGHTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to submit a request to Entergy for street light installation in the newly annexed area (see attached list). All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize advertisement of bids for the replacement of water lines in the 2nd Street area to be received January 15, 1998 at 11:00 a.m. All Voted Aye. PLANNING AND A motion was made by Mayor Nagel and seconded by Councilman ZONING Nugent to approve the replat of Lots 10, 11, and 12, Block 5, Wagner COMMISSION I, as recommended by the Planning and Zoning Commission. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to hand deliver notification to the residents within the newly annexed area of the Public Hearings regarding the establishment of zoning designations, as well as the three (3) required publications. All Voted Aye. Minutes continued, December 15, 1997 PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Schaumburg & Polk, Inc. as follows: ' $27,851.08, wastewater treatment plant improvements; $13,762.63, Sanitary Sewer Evaluation Survey; and $720.00, Nederland Avenue rehabilitation. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Costello, Inc. in the amount of $7,462.65, drainage study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment to Tischler /Kocurek in the amount of $315.00, wastewater treatment plant improvements. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Don S. Reichle & Associates in the amount of $5,800.00, Canal Avenue elevated storage tank rehabilitation. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman I SESSION Nugent to postpone the Executive Session. All Voted Aye. OFFICIAL'S Andre' Wimer, City Manager, reported that he did send a letter to COMMENTS the International Association of Fire Fighters in response to their correspondence regarding the purchase of a compact pickup truck for the Fire Department. He requested additional statistics concerning a truck of this size. The City Manager also reported that the heating and air conditioning project for the Police Station should begin this week. ADJOURN There being no further business the meeting was adjourned by Mayor Nagel at 6:55 p.m. % Helmer E. Nagel, Mayor City of Nederland, Texas ATTEST: c" c e L l �a( LaDonna Floyd, City Secretary City of Nederland, Texas 1 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member, Ward 1 ✓ Joe Daughtry Council Member, Ward 2 Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary / Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief / Cheryl Dowden City Treasurer ✓ Kelly Galloway Assistant to the City Manager Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian ✓ Mayor City Secretary Date 1 in 1