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199800z REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. January 12, 1998 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 Sawyer to approve the minutes of the previous meeting of December 15, 1997 as written. All Voted Aye. PRESENTATION Mayor Nagel introduced Don Watt, with the Nederland Heritage Festival Foundation Board, who presented the first Centennial belt buckle to A. D. Winters, Jr. who designed the buckle. Mr. Winters accepted the buckle and then presented the City with the original design displayed on the buckle which he created in 1974. Mayor Nagel accepted the drawing on behalf of the City. Jess Fuller, also with the Heritage Festival Board, presented Centennial buckles to the City Council, City Manager, Fire Chief, and Police Chief, and thanked the City for its participation and cooperation with the Heritage Festival over the many years. STREET A motion was made by Councilman Sawyer and seconded by CLOSING Councilman Daughtry to authorize the closure of various streets for Heritage Festival activities as referenced in the January 7, 1998 letter from the Heritage Festival Board. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing was called HEARING to order by Mayor Nagel at 3:10 p.m. for the purpose of receiving comments regarding an amendment to zoning Ordinance No. 146. Andre Wimer, City Manager, explained that the Planning and Zoning Commission had met and approved the amendment which includes amending Appendix A of the Code of Ordinances, Section 6, redefining "fences and hedges "; Section 13, redefining "one and two - family garage apartments", and adding Section 5D, prohibiting construction within "alleyways and street rights -of- way ". 004 Minutes continued, January 12, 1998 There being no further questions and /or comments, the Public Hearing was adjourned by Mayor Nagel at 3:14 p.m. I CITIZEN Elvis P. Saulter, 2520 Avenue E, addressed the Council regarding low COMMENTS hanging limbs and brush which he contends inhibits the safe passage of his motorhome through the City streets. He suggested that the City require property owners to maintain the trees and shrubs on City right -of -way at a height which would allow for motorhomes, etc. to drive through the street without interference. Mayor Nagel explained that the City's policy was to maintain the trees and shrubs on the right -of -way at a height which would allow for City trucks, emergency vehicles, school buses, etc. to travel the streets safely. When asked if there was a particular location that was a problem, Mr. Saulter referred to a tree on the property at the corner of 27th and Highway 365; Mayor Nagel agreed to investigate this location. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve an amendment to Ordinance No. 146. All Voted Aye. A motion was made Mayor Nagel and seconded by Councilman , Nugent to approve the second reading of Ordinance No. 1997 -15, franchise agreement with Entex. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1998 -01, allowing the City to make current service and prior service contributions to the Texas Municipal Retirement System. All Voted Aye. SANITARY Ricky Bourque, with Schaumburg & Polk, Inc., updated the Council on SEWER the Sanitary Sewer Evaluation Survey and referenced the schedule EVALUATION attached to the Council's copy of the Quarterly Report submitted to SURVEY the E.P.A. He added that the manhole inspections, smoke testing, television inspections, etc. were complete and the SSES is progressing on schedule. He concluded by stating that the Final Report is due to the E.P.A. in May. APPOINTMENT A motion was made by Councilman Radcliff and seconded by Councilman Daughtry to appoint Joseph W. Neuman, 403 361h Street, ' to serve as the City's representative on the Southeast Texas Regional Council on Aging for a term beginning January 1998 and ending December 1999. All Voted Aye. Minutes continued, January 12, 1998 CONTRACTS/ A motion was made by Councilman Nugent and seconded by Mayor AGREEMENTS Nagel to renew the Joint Land Use Agreement with the Mid - County Radio Control Club for a two -year term commencing January 1, 1998 and ending December 31, 1999. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve an emergency award of a contract with Brystar Contracting, Inc. to replace an approximately 600 LF of a wastewater line on Detroit Avenue at a cost of $42.00 /LF, which was deemed an emergency due to a potential threat to the health, safety, and welfare of Nederland residents. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the advertisement of bids for the installation of cabling /wiring and for a phone system at the new library. All Voted Aye. GRANT A motion was made by Councilman Sawyer and seconded by APPLICATION Councilman Daughtry to approve a grant application to the Texas Book Festival. All Voted Aye. INTERLOCAL A motion was made by Councilman Daughtry and seconded by AGREEMENT Councilman Nugent to approve an Interlocal Agreement with the Texas Municipal League Group Benefits Risk Pool. All Voted Aye. POLICIES/ Postponed. PROCEDURES PAYMENTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize a payment to Don S. Reichle & Associates in the amount of $9,958.00 for engineering services associated with the Canal Avenue and S. 5th Street water storage tanks. All Vote Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment of the bills for the month of December. All Voted Aye. EXECUTIVE Postponed. SESSION UU4 Minutes continued, January 12, 1998 COMMUNI- Mr. Wimer referred to an invitation provided the Council regarding a CATION reception honoring the Ambassador and Consul - General of the , Netherlands which will be held Friday, January 16, from 2:30 -4:30 p.m at Nederland City Hall. Mr. Wimer mentioned that several meetings have been held regarding the proposed overpass at Highways 365 and 347. He added that representatives of the Texas Department of Transportation will be attending the Port Neches City Council meeting at 4:00 p.m. Thursday, January 15, to further discuss the proposed overpass and invited the Council to attend. Mayor Nagel added that the Council had previously recommended Alternative No. 3; however, since that time, TxDot has proposed another alternative (No. 5) which is similar to No. 3 and he said that he felt it would be a good alternative for Nederland. Mayor Nagel commented that the SETRPC has asked that those attending the Annual Dinner meeting next Wednesday, January 21, bring used children's books to be donated to needy children. Councilman Nugent updated the Council on Senate Bill 1 which was passed during the last legislative session and which requires the TWDB to designate regional water planning areas and initial , coordinating bodies. Mr. Nugent further stated that the SETRPC had submitted his name as a representative for Regional Water Planning Area I. He agreed to keep the Council updated on future developments concerning this matter. Mayor Nagel added that the City has sent letters to the local State Representatives and Senator asking for their favorable consideration of Mr. Nugent's appointment to the Area I committee. RECESS The regular meeting was recessed by Mayor Nagel at 4:30 p.m. RECONVENE The regular meeting was reconvened by Mayor Nagel at 6:00 p.m. PUBLIC The regular meeting was recessed and a Joint Public Hearing with HEARING the Planning and Zoning Commission was called to order by Mayor Nagel at 6:01 p.m. for the purpose of receiving comments regarding zoning designations in the newly annexed area. Mr. Wimer explained that these are the same zoning designations ' previously presented to the Council. He further stated that the Planning and Zoning Commission had previously met and concurred with the zoning designations, and the Commission had held a Public Hearing on January 6 regarding this matter and again agreed with the proposed zoning. Minutes continued, January 12, 1998 There being no further questions and /or comments, the Joint Public ' Hearing was adjourned by Mayor Nagel at 6:07 p.m. ZONING A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the zoning designations in the newly annexed area as displayed on the map presented to the'City Council. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned by Mayor Nagel at 6:10 p.m. ATTEST: 4, �'69_ Lois Coco, Acting City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas UU15 00E 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 (Acting) / -/.2 -9Y Date 1 ' AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 (APPENDIX A OF THE CITY OF NEDERLAND CODE OF ORDINANCES, SECTIONS 5D, 6, AND 13) WHICH REGULATES AND PROVIDES FOR ZONING IN THE CITY OF NEDERLAND; REQUIRING A PERAIIIT, AND FEE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Nederland, based on the recommendation of the Planning and Zoning Commission and after conducting a public hearing, finds that it is in the best interest of the citizens of the City of Nederland to regulate and provide for zoning in the City of Nederland regarding the restriction of fences, hedges or enclosures in residential districts and to prohibit structures within street right -of -ways or alleyways within all districts of the City of Nederland, and to provide new definitions to assist in the proper administration of zoning regulations. ' NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. That the paragraph pertaining to `'Fences or hedges" in "Section 6 Restrictions in residential districts" of Ordinance 146 (Appendix A, Zoning, of the City of Nederland Code of Ordinances) is deleted in its entirety and hereby amended to read as follows: "Fences or hedges: A fence, hedge or enclosure wall within 20 feet of the front property line shall not exceed a height of three feet, and any fence, hedge or enclosure wall on a comer lot extending closer to the side property line than the required building setback line shall not exceed a height of three feet. A fence, hedge or enclosure wall within 20 feet of the rear property line that abuts a street right -of -way shall not exceed a height of three feet. No fence, hedge or enclosure wall shall be placed within a street right -of -way or alleyway. Anyone wishing to construct a fence shall first submit a drawing to the Inspection Department showing the property lines, where the fence is to be located and the height of the fence. They shall then be required to take out a permit prior to construction. The fee for the permit shall be based on the cost of the project." 1 00 "7 i SECTION 2. That "Section 13. Definitions" of Ordinance 146 (Appendix A, Zoning, ' of the City of Nederland Code of Ordinances) regarding definitions of "one- family garage apartment" and "two- family garage apartment" are deleted and hereby amended to read as follows: "One- family garage apartment: A building having accommodations for and occupied by only one family having a private garage as a part thereof, and containing not less than 400 square feet of living area." "Two -family garage apartment: A building having separate accommodations for and occupied by two families, having a private garage as a part thereof, and containing not less than 400 square feet of living area per family unit." SECTION 3. That Ordinance 146, (Appendix A of the City of Nederland Code of Ordinances) is hereby amended to add "Section 5D. Alleyways and street rights -of -way" to the City Code of Ordinances of the City of Nederland, Texas, to read as follows: "Section 5D. Alleyways and street rights -of -way. No structure shall be allowed to be constructed within a street right -of -way or alleyway in any district in the City limits of the City of Nederland, Texas." ' SECTION 4. Any person, firm, or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine as provided in Section 16 of Ordinance 146 (Appendix A, Zoning, of the City of Nederland Code of Ordinances). SECTION 5. 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 6. If any provision of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining 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. SECTION 7. 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. 1 11• PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING ON THIS 12 DAY OF JANUARY , A.D., 1997. ATTEST: Lois Coco, Acting City Secretary IAPPROVED AS TO FORM AND LEGALITY: P..�� 'z-- , '? s � , , Richard D. Hughes, City Attorney 1 Homer E. Nagel, Mayor CITY OF NEDERLAND 010 ORDINANCE NO. 98 -01 AN ORDINANCE ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT SUCH RATE WITHIN LEGAL LIMITS, AS THE ACTUARY ANNUALLY 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 determined that the City cannot fund the existing level of such benefits as are chargeable to its account in the Municipal Accumulation Fund of the System, within a period of twenty -five (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. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Pursuant to Section 855.407(f), of the TMRS Act, the City hereby elects to make ' future normal and prior service contributions to its account in the Municipal Accumulation Fund of the System at such combined maximum rate 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 of the City's account in said accumulation fund. The actuarially determined contribution rate for the City for 1998 is 14.30 %. Section 2. The provisions of the ordinance shall become effective on January 1, 1998, and shall cease to be effective on January 1, 1999. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland at a regular meeting on this 12 day of January 1998. CITY OF NEDERLAND, TEXAS Homer E. Nagel, Mayor ATTEST: Lois Coco, Acting City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attom +J 1 t REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. January 26, 1998 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 January 12, 1998 as written. All Voted Aye. AUDIT Bill Cox, Holliday, Lemons, Thomas & Cox, P.C., gave a brief overview of the FY 96 -97 audit and stated that the City received an "Unqualified Opinion" which is the highest opinion given. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the audit as prepared by Holliday, Lemons, Thomas & Cox, P.C. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to award bids received for the replacement of water and sewer lines in the Atlanta Avenue /2nd Street area to Norman Highway Constructors, Inc., Orange, TX in the amount of $34,392.00 (from remaining 1994 CDBG funds). All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the advertisement of bids for dewatering equipment at the Wastewater Treatment Plant to be received February 17, 1998 at 2:00 p.m. All Voted Aye. WATER AND Andre' Wimer, City Manager, stated that the recently annexed area west of WASTEWATER Hwy. 69 is included in Newton & Company's Certificate of Convenience and Necessity granted by the Texas Natural Resource Conservation Commission. He added that in order for the City to legally provide this area with water and sewer services it is necessary to submit an application to the TNRCC, seeking to amend the existing CCN to include it in the City's CCN. 14 Minutes continued, January 26, 1998 A motion was made by Mayor Nagel and seconded by Councilman Sawyer ' to approve the submission of an application to the Texas Natural Resource Conservation Commission to amend the Certificate of Convenience and Necessity. All Voted Aye. CONTRACTS/ A motion was made by Councilman Nugent and seconded by Councilman AGREEMENTS Radcliff to approve a contract with Schaumburg & Polk, Inc. for planning /Study and Report Phase for the water and sewer project in the recently annexed area, not to exceed $20,000, contingent upon the City Attorney's approval of the contract. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone amending a contract with Jefferson County for sewer service at the Jefferson County Airport. All Voted Aye. APPEARANCE Mayor Nagel introduced Ashton Cummings from Boy Scout Troop 109. Ashton informed the Council that he was attending the meeting as work toward a merit badge. INVESTMENT Cheryl Dowden, City Treasurer, presented the investment report for the I REPORT 4th quarter of 1997 (see attached). TEXAS DEPT. OF The City Manager reported thatthe Texas Department of Transportation has TRANSPORTATION submitted Alternative No. 5 for the proposed grade separation at Hwy. 365 and S.H. 347. He is recommending that the City support this design, but strongly urge TxDOT to tie 13th Street into the system. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to submit to TxDOT the City's selection of Alternative No. 5 and urge them to tie 131h Street into the system. All Voted Aye. RESOLUTION A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve Resolution 1998 -01, supporting the appointment of persons to the Regional Water Planning Group. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the final reading of Ordinance No. 1997 -15, franchise agreement with Entex. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1997 -15, franchise agreement with Entex, in accordance with the City Charter. All Voted Aye. 013 Minutes continued, January 26, 1998 I A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone Ordinance No. 1998 -02, establishing rates to be charged by Entex for gas and gas service. All Voted Aye. GRANTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the submission of the following grants for the new library: Meadows Foundation - $95,000; Houston Endowment, Inc. - $25,000; Hobby Family Foundation - $25,000; and, R. W. Fair Foundation - $25,000. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the submission of a grant application to the U. S. Department of Justice, COPS Universal Hiring Program, for the Nederland Police Department, All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Costello, Inc. in the amount of $8,393.98, drainage study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Neches Engineers in the amount of $2,856.10, engineering services in connection with the roof replacement of the Police Station. All Voted Aye. COMMENTS Joseph Neumann, 403 - 36 Street, addressed Council relative to drainage during last week's rain. B. J. Jones, 924 Avenue E, addressed Council relative to drainage and sewer running into the Drainage District No. 7 ditch. COMMUNI- Andre' Wimer, City Manager, reported that the Canal Avenue water tower CATION painting project is underway and the primer coat is complete and the finish coat should begin soon. The City Manager stated that the bid opening date for the cabling and telephone system at the library will have to be delayed in order for the City to receive the discounts. The Notice to Bidders must appear on the School and Library web page for 28 days to be eligible for the discounts. Mr. Wimer reported that the City of Orange will be opening bids for street sweeping services on Thursday. He reminded Council that we have been discussing the possibility of joining in the contract with Orange. More information will be available after bids are received. 014 Minutes continued, January 26, 1998 ADJOURN There being no further business the meeting was adjourned by Mayor I Nagel at 7:50 p.m. ATTEST: a City Sec etary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 01-5 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 I 4 a� r99� D to 01G CITY OF NEDERLAND ' RESOLUTION 1998 -01 WHEREAS, Senate Bill 1 requires the appointment of a regional water planning committee; and WHEREAS, the City of Nederland is in the Region "I" Planning Area; and WHEREAS, approximately 35 percent of the population of the region is in the three county area including Hardin, Jefferson and Orange counties; and WHEREAS, the largest industrial concentration and water intensive agriculture base is in the three - county area; and WHEREAS, representatives of the 11 interest groups in the three -county area have reached unanimous agreement on a slate of qualified nominees who have agreed and are qualified to serve; and WHEREAS, the three - county area is in the unique position of having four seaports each of which has a vested interest in the water plan for Region 1. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the City of Nederland joins with the other stakeholders in the three - county area in supporting the appointment of the following people to represent the interests indicated: Agriculture Interests Lester Winfree Counties Carl R. Griffith, Jr. Electric Generating Utilities Greg Shepherd Environmental Interests Wayne Stupka Industries Shaun Davis Municipalities Dick Nugent Public ' Richard P. LeBlanc Small Businesses Lanny Haynes River Authorities Tommy Hebert Water Districts Nick Carter Water Utilities Guy Goodson and the creation of the 12'" category representing Ports and the appointment of Roger Richard to that position. /� PASSED AND APPROVED by the City Council of the City of Nederland this the �Ce day of �.lnn�.ne „_ , 1998. ATTEST: 1JC4llm. Q �i n/ LaDonna Floyd, City Secr tary CITY OF NEDERLAND, TEXAS H mer E. Nagel, Mayor FA 017 ORDINANCE NO. 1997 -15 AN ORDINANCE GRANTING TO ENTEX, A DIVISION OF NORAM ENERGY CORP. ITS SUCCESSORS AND ASSIGNS, ' FRANCHISE RIGHTS AND PRIVILEGES TO CONSTRUCT, OPERATE AND MAINTAIN IN THE CITY OF NEDERLAND, TEXAS, AS NOW OR HEREAFTER CONSTITUTED, WORKS, SYSTEMS AND FACILITIES FOR THE TRANSPORTING, HANDLING, PRODUCTION, MANUFACTURING, STORING, SALE AND DISTRIBUTION OF GAS IN, OUT OF AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; AND THEREFOR TO USE THE STREETS, AVENUES, EASEMENTS, RIGHTS OF WAY, ALLEYS, HIGHWAYS, SIDEWALKS, BRIDGES AND OTHER STRUCTURES AND MUNICIPAL PLACES AND GROUNDS OF SAID MUNICIPALITY UNTIL OCTOBER 24, 2018; AND PRESCRIBING IN CONNECTION THEREWITH CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS HEREIN MENTIONED; AND PROVIDING FOR THE PAYMENT TO SAID MUNICIPALITY OF A PERCENTAGE OF CERTAIN REVENUES OF GRANTEE FROM ITS OPERATIONS THEREIN; PROVIDING FOR THE ACCEPTANCE HEREOF BY GRANTEE; CONTAINING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES. WHEREAS, the City of Nederland, Texas has annexed certain unicorporated areas, and Entex, a division of NorAm Energy Corp. is operating gas facilities in these areas; and WHEREAS, the City and Entex desire to enter into a franchise agreement in which the City grants its consent to Entex to use city streets, alleys and public ways within the municipality in the conduct of its business and which establishes certain rights, duties of Entex, including compensation to be paid to the City: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION I. That the City of Nederland, Texas, sometimes hereinafter called the "City ", hereby grants to and vests in, Entex, a division of NorAm Energy Corp., a corporation authorized to transact and transacting business within this State, hereinafter called the "Company ", a franchise and the right, authority, license, power and privilege to maintain, construct, equip, extend, alter, and otherwise establish and operate in the City as now or hereafter constituted, systems, works, plants, pipes and all related facilities (including those now in service) necessary or appropriate to sell, store, distribute, manufacture, convey or otherwise conduct, serve, supply and furnish to the inhabitants of said City and others, and to the City whenever it may desire to contract therefore, gas for light, fuel, power, heat and any and all other useful purposes, and the Company is hereby granted passage and right of way in, under, along and across, and the right to occupy and use in any lawful way during the life of this franchise all ways, places and grounds of the City, including but not limited to streets, avenues, easements, rights of way, alleys, highways, sidewalks, bridges and other structures and municipal places and grounds of said City, both above and beneath the surface of the same, as the same may now or hereafter exist for every and any such service, use, effect, and lawful purpose herein mentioned, during the period and term hereof. SECTION II. The Company is hereby authorized, licensed and empowered to do any and all things necessary or appropriate to be done in exercising these franchise rights and privileges, provided such exercise does not conflict with water pipes, sewers or other authorized pre- existing installations and that all work done in said ways, places and grounds by the Company shall be done with reasonable diligence and without unnecessary inconvenience to the public or individuals, and the Company shall, within the shortest practicable time, restore all places excavated by it to their original condition as nearly as practicable, and said work shall be done subject to the approval and supervision of the City. The Company shall defend, indemnify, and hold harmless the City for all damages, costs, expenses, and attorney's fees for all claims and suits including claims and suits for death, personal injury, and property damage, arising out of, or connected with, the Company's maintenance, service or operation of any of its lines, equipment, facilities or property. SECTION III. The Company may make from time to time and enforce reasonable rules and regulations for the conduct of its business and may require, as a condition to the commencement or continuation of its service, the execution of a contract therefor by the consumer of such gas. SECTION IV. The Company shall not be required to extend mains longitudinally more than one hundred fifty (150) feet for any one consumer of gas, nor shall the Company be required to connect consumers to intermediate or high pressure lines. The Company's undertakings in the City shall be subject to its ability, by use of due diligence and normal business methods, to obtain and place in service the necessary materials and facilities. Moreover, the Company shall be excused from failure or delay in performing such obligations if and to the extent occasioned by act of God, fire, explosion, flood, act of a public enemy, contagion or contamination hazardous to human life or health, legal restraints, labor difficulties, material shortages, interruption or deficiency of gas supply not attributable to default of the Company, or, without limitation, any other cause or combination of causes not reasonably within the Company's ability to anticipate or control, but only for so long as such cause(s) shall be operative and the adverse affects thereof not overcome. The Company's operations hereunder shall be in compliance with and subject to provisions of law and of rules, regulations and orders of duly constituted authorities having jurisdiction, promulgated from time to time, and the Company shall not be obliged to challenge the validity or applicability thereof. SECTION V. The Company shall furnish good service and a good quality of merchantable gas to its customers for their fuel requirements. Said gas shall be commercially free from dust or solid or liquid matter which might interfere with its merchantability or cause injury to or interference with proper operation of consumer's appliances. The Company shall further maintain its property and equipment in good order and condition consistent with the needs of the service to be rendered therefrom, but may not be compelled to extend its facilities beyond the consumer's property line. It is z 1 C 1 1 recognized that the Company intends to retain full title in and right to its personal O property whether or not same is incorporated in real estate. SECTION VI. The Company shall have the right and privilege of transferring this franchise and all rights and privileges granted herein, and whenever the word "Company" appears herein, it shall be construed as including its successors and assigns; provided that any subsequent holder of this franchise shall take the same subject to the obligations of the Company hereunder and to the rights and prerogatives of the City. SECTION VII. The Company, for and in consideration of the granting of this franchise and as rentals and compensation for the occupation of and use or easement over, upon and beneath the streets, avenues, easements, rights of way, highways, alleys, sidewalks, bridges and public grounds and places in said City, for all the Company's equipment and facilities from time to time, shall pay to the City during all the time this provision shall remain in force and effect a total aggregate sum equal to four percent (4 %) of the Company's gross receipts consisting of the total amount collected for gas sold by Company within the geographical limits of the City as they may now or hereafter exist, under the Company's rates in effect at the time. The Company shall make such payments semi - annually on or before the last day of January and July in each such year while this provision shall remain in force and effect, based upon its gross receipts during the full 6- month period ended with the preceding December and June respectively. Payments hereunder shall begin with the payment due on or before the last day of July, 1998, based upon the Company's gross receipts for our period beginning on January 1, 1998 and ending on June 30, 1998. For the purpose of determining the Company's gross receipts, the books of the Company shall at all times be subject to inspection duly authorized City representatives. Said payments shall be in lieu of any and all other rentals or compensation or franchise, license, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except general ad valorem property taxes and special assessments for local improvements) upon the business, revenue, franchise, gas lines, installations and systems, conduits, storage tanks, pipes, fixtures and other facilities of the Company and all other property of the Company and its activities, or any part thereof, in said City during the term of this franchise; provided that anything to the contrary herein notwithstanding said payments based on gross receipts shall continue only so long as the City does not charge, levy or collect any other rentals or compensation or franchise, license, privilege, instrument, occupation, inspection, excise or revenue taxes or fees (or other exactions or charges except as aforsaid). SECTION VIII. This franchise shall be published once a week for four (4) consecutive weeks, within a period of thirty (30) days after final passage hereof, in the official newspaper of the City and shall be accepted by the Company in writing, which acceptance shall be filed with the City within thirty (30) days after the passage of this ordinance, and when so accepted and upon due publication this ordinance shall be a contract duly executed by and between the City and the Company, and the effective date hereof shall be thirty (30) days after the date of final passage. 020 SECTION IX. If any section, paragraph, subdivision, clause, phrase or provision hereof shall be adjudged invalid or unconstitutional, the same shall not affect the validity hereof as a whole, or any part or provision other than the part or parts so decided to be invalid or unconstitutional. SECTION X. Nothing herein contained shall be construed as granting any exclusive franchise or right. SECTION XI. This franchise shall continue in full force until October 24, 2018. SECTION XII. This ordinance shall be cumulative of all existing ordinances not inconsistent with this ordinance, and of any and all ordinances enacted in the future. All ordinances and parts of ordinances which may be inconsistent with provisions of this ordinance are hereby repealed. INTRODUCTED, READ, AND PASSED to second reading the /5 day of y40/'-I A , A.D., 19 q-1_, at G o'clock A.M., ✓ P.M., by S votes in favor of this Ordinance and 0 vote(s) against this Ordinance at a Regular Meeting of the City Council of the City of Nederland, Texas, with the following voting: AYES: Mayor 4� Q , Councilmen �n..�tnA� [� i,n�t%A•- /�7c p.lL aAol ugyd- NAYS: READ AND PASSED to third reading the / 02 day ofQ--U, , A.D., 19 �, by 5' votes in favor of this Ordinance and p vote(s) against this Ordinance, at a Regular Meeting of the City Council of the City of Nederland, Texas, with the following voting: AYES: Mayor 4"A Councilmen -,Q� /,, � nliQ,l/ NAYS: ��TTi� READ, ADOPTED AND APPROVED on third and final reading on this d4 day of Q A.D., 19 98 , by S votes in favor of this Ordinance and O vote(s) against this Ordinance with the following voting: AYES: Mayor dwarf Councilmen NAYS: APPROVED: MAYOR OF THE CITY OF NEDERLAND, TEXAS ATTEST: Q %V�r"', CI Y ECRET RY OF HE CITY OF NEDERLAND, TEXAS , APP VED AS TO FORM AND LEGALITY: CITY ATTORNEY OF THE CITY OF NEDERLAND, TEXAS 4 021 THE STATE OF TEXAS § § COUNTY OF JEFFERSON § ' I, the duly appointed, qualified and acting City Secretary of the City of Nederland, Texas, do hereby certify that the above and foregoing ordinance was introduced in written or printed form and read in full on first reading, in accordance with the Charter of the City of Nederland, Texas, at a regular meeting of the City Council of the City of Nederland, held at the City Hall on theme day of ( " MA 19 9!l - that written notice of the date, place and subject of said meeting was posted on a bulletin board located at a place convenient to the public in the City Hall for at least the three days preceding the day of said meeting; that the Mayor, MO-11A. 6.4'a and Councilmembers QQI n and 44Z�t tugifI: were present at said meeting and acted as the Council throughout; that said ordinance was introduced in written or printed form and read in full on second reading,; in accordance with the Charter of the City of Nederland, Texas, at a regular meeting of the City Council of the City of Nederland, held at the City Hall on the La— day ' 4 --)Qm# A o A t ,. 19q$; that written notice of the date, place and subject of said meeting was posted on a bulletin board located at a place convenient to the public in the City Hall for at least the three days preceding the day of said meeting; that the Mayor, "ndgui and Councilmembers I6Q�')ti r4 Q! ZaAAqhFA _ , ? ` /(p lPc a,2"46 and �ttf<[/ were present at said meeting and acted as the Council throughout; that said ordinance was read in full and finally passed and adopted by the affirmative vote of at least three members of the City Council on third and final reading, in accordance with the Charter of the City of Nederland, Texas, at a regular meeting of the City Council of the City of Nederland, held at the City Hall on the C)24_ day of 9A o . 19 • that written notice of the date, place and subject of said meeting /was posted on a bulletin board located at a place convenient to the public in the City Hall for at least the three days preceding the day of said meeting; that the Mayor, H&," & as and Councilmembers . Laqh�b , Lj,. and �,, 1,, � h,( were present at said meeting and acted as the Council throughout; that the same has been signed and approved by the Mayor and is duly attested by the City Secretary; that the full text of the ordinance has been 022 published in the da ,_ , the official newspaper of the City of 0 Nederland on the following dates: the `/ day ofc , 199 J; thelLdayofc e f. „,Ak a, 199 ; the 18 day o', 1999; and the a? day of U , 199.9; and that the same has been duly filed with the City Secretary and recorded by the City Secretary in full in the books kept for the purpose of recording the ordinances of the City of Nederland. EXECUTED under my hand and the official seal of the City of Nederland, Texas, at said City, this the / I day of , 199. ISEALI City Secretary of the City of Nederland, Texas 1 1 1 TO THE CITY OF NEDERLAND, TEXAS: Entex, a division of NorAm Energy Corp., for itself, its successors and assigns, hereby accepts the above and foregoing ordinance and agrees to be bound by all of its terms and provisions. ENTEX, a division of NorAm Energy Corp. B. P. Presswood, Vice President Dated this the a1 day of ez ay�,g , m8 . Please do not complete the certificate below until an officer of Entex, a division of NorAm Energy Corp., has executed the Acceptance above. ITHE STATE OF TEXAS § COUNTY OF JEFFERSON § 1, the duly appointed, qualified and acting City Secretary of the City of Nederland, Texas, hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of Nederland, Texas on the day of 199$. [SEAL] 1 Q� Ltrvnn C /?A City Secretary of the City & Nederland, Texas 3 11240, 024 1 I 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. February 9, 1998 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 Radcliff to approve the minutes of the January 26, 1998 meeting as written. All Voted Aye. LIBRARY Jack Porter and Allen Sterm, South County Breakfast Lions Club, presented Victoria Klehn, Librarian, a check in the amount of $1,000 for the library. Mayor Nagel, on behalf of the Council and the citizens of Nederland, thanked Mr. Porter and Mr. Sterm for the Lions Club generous donation. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the $1,000 donation from the South County Break- fast Lions Club. All Voted Aye. ELECTION A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1998 -02, calling for an election to be held May 2, 1998 for the purpose of electing a Mayor and two (2) Councilmembers - one from Ward II and one from Ward IV, 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. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1998 -02, establishing rates to be charged by Entex for gas and gas service. All Voted Aye. 026 Minutes continued, February 9, 1998 A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1998 -03, amending the 1997 -1998 I budget. All Voted Aye. STREETS AND A motion was made by Councilman Sawyer and seconded by SIDEWALKS Councilman Nugent to approve the installation of two (2) street lights to be located at 310 - 3 Street and 404 - 3 Street. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS 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. GRANTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1998 -03, Wagner Addition sewer improvements. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Nugent to approve Resolution 1998 -04, WagnerAddition I sewer improvements. All Voted Aye. PROPERTY A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a Licence to Encroach for the property located at 115 South 1 '/2 Street (Lot 4, Block 15, Anderson Estates, Section III) as recommended by the Zoning Board of Appeals. All Voted Aye. DEVELOPMENTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the replat of Lot 3, Block 3, Tract 4, Burson Addition as recommended by the Planning and Zoning Commission. All Voted Aye. EMPLOYEES AND A motion was made by Councilman Sawyer and seconded by Mayor PERSONNEL Nagel to approve reclassifying a telecommunications supervisor position to a telecommunications operator position; and reclassifying a part -time telecommunications operator position to a full -time telecommunications operator position. All Voted Aye. 027 Minutes continued, February 9, 1998 GRANTS A motion was made by Councilman Sawyer and seconded by Mayor ' Nagel to authorize the submission of grant applications for the library as follows: Cain Foundation, $25,000; Swalm Foundation, $25,000; Rockwell Fund, $10,000; Turner Charitable Foundation, $20,000; Entergy, $20,000; and, Entergy Community Partnership, $1,000. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payments to Schaumburg & Polk, Inc. as follows: $1,254.00, Nederland Avenue rehabilitation; $80,146.03, Sanitary Sewer Evaluation Survey; and $4,911.68, Wastewater Treatment Plant rehabilitation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone payment to Don S. Reichle & Associates in the amount of $5,800.00, elevated water storage tank repairs. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Pro Noun Construction in the amount ' of $30,340.00, Police Station roof replacement. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Larry's Construction in the amount of $22,395.00, sewer line replacement. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Coatings, Inc. in the amount of $54,104.00, Canal Avenue elevated storage tank rehabilitation. 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 January. All Voted Aye. EXECUTIVE The regular meeting was recessed at 3:55 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, and /or release of property; and, Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; ' First American Title v. City of Nederland; and, Entergy v. City of Nederland. 028 Minutes continued, February 9, 1998 RECONVENE The regular meeting was reconvened at 4:40 p.m. by Mayor Nagel. ' He announced that all items discussed in the Executive Session were for informational purposes only, except First American Title v. City of Nederland. A motion was made by Mayor Nagel and seconded by Councilman Sawyer that the City of Nederland dismiss its counter suits against First American Title Insurance Company of Texas and Accurate Title Company, Inc. contingent upon First American Title Insurance Company of Texas dismissing their suits against the City of Nederland. All Voted Aye. COMMUNICATION Andre' Wimer, City Manager, reported that the new bid opening date for the telecommunications equipment for the new library has been scheduled for February 27, 1998 at 2:00 p.m. Mr. Wimer also reported that he attended a meeting of the Sabine - Neches Waterway Task Force at which a discussion was held on the Corp of Engineers initiating a study on widening /deepening the ship channel. Upon the completion of this study (approximately one year) the Corp will determine whether to proceed to the next phase, a ' Feasibility Study, which is estimated to cost $11 million with the local area providing half of the funding. He will provide additional information as it becomes available. The City Manager stated that the construction of the new library is progressing. Mr. Wimer reported that Steve Hamilton, Director of Public Works, attended a meeting in Austin last week regarding the possibility of new regulations being placed on small cities relative to drainage. He added that he will keep the Council informed of any new developments. Mayor Nagel informed the Council that Arthur Mason, who resides in the newly annexed area, came by his office last week to discuss the issue of garbage collection. It appears that Mr. Mason is using a business dumpster located across the street from his residence for his garbage and wants to be able to continue this practice, therefore, eliminating City collection. The Mayor stated that he informed Mr. Mason that it is the City's policy that all residents must use City services. Mr. Mason ask that he bring this matter up to the Council. ' It was the consensus of the Council that no waivers be issued regarding garbage service. Minutes continued, February 9, 1998 ADJOURN There being no further business the meeting was adjourned at 4:50 p.m. by Mayor Nagel. ATTEST: LaDonnry a Floyd, Ct Secrets rY City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas 029 030 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 02- 9, 98 Date 1 1 031 ' RESOLUTION 1998 -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 2, 1998; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THE GENERAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland, provide that on May 2, 1998 there shall be elected the following officials for this city: One (1) Mayor One (1) Council member, Ward lI One (1) Council member, Ward IV WHEREAS, the laws of the State of Texas and the Charter of the 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, 1998, 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 ' than seventy-five (75) days before the election or later than forty-five (45) 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 17 1998 at 8:00 a.m., with the last date for filing to be March 18, 1998 at 5:00 p.m. All of said applications shall be on a form as prescribed by Section 141.031 of the 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 of the Election Code. The City of Nederland 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 of the 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 seventeenth (17th) day, and continuing through the fourth (4th) day preceding the date 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. 032 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 127.005 of the Election Code. Said election shall be held 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 after the closing of the 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 9tii day of February, 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ' L Dolma Flo tary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 033 ORDINANCE NO. 1998 -03 ' AN ORDINANCE AMENDING THE 1997 -98 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 1997 -07 which adopted the 1997 -98 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to increase revenues and expenditures due to the interlocal agreement signed on July 14, 1997 between the City of Nederland and Jefferson County for rural Jefferson County fire protection services; and, WHEREAS, payment in the amount $6,000 has been received from Jefferson County; and, WHEREAS, the City Council finds that the budget for 1997 -98 fiscal year should be amended as follows: Increase General Fund Miscellaneous Revenue $6,000 Increase Fire Department Expenditures 01 -22 -00 -6243 Special Programs 806 01 -22 -00 -6265 Minor Tools & Supplies 1,965 01 -22 -00 -6743 Furniture, Fixtures, Off. Equip. 500 01 -22 -00 -6744 Miscellaneous Equipment 2,729 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for 1997 -98 fiscal year is amended to allow an increase in General Fund revenues and expenditures of $6,000. 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 -!t- DAY OF FEBRUARY, A.D., 1998. Homer Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, bity Attorney City of Nederland, Texas () , 1 CITY OF NEDERLAND RESOLUTION 1998 -03 OFFICIAL DETERMINATION TO ACQUIRE PROPERTY WHEREAS, the City Council is the duly constituted governing body of the City of Nederland in the State of Texas, and WHEREAS, the City of Nederland is the Grantee of a Texas Department of Housing and Community Affairs Community Development Grant 716591 to improve sewer services in the Wagner Addition, and WHEREAS, certain actions by the City are required by the regulations governing HUD Community Development Grants. NOW, THEREFORE, BE IT RESOLVED AND ORDAINED that the City Council does hereby formally make and pass this resolution recognizing that real property and/or easements will be acquired in connection with the above mentioned grant. PASSED AND APPROVED this the Q day of S � '1998. ' Homer E. Nagel, Mayor City of Nederland, Texas -:r 0 P11 4LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, dty Attorney City of Nederland, Texas ' 1 CITY OF NEDERLAND RESOLUTION 1998 -04 NOTICE OF INTENT TO ACQUIRE WHEREAS, the City Council is the duly constituted governing body of the City of Nederland in the State of Texas, and WHEREAS, the City of Nederland is the Grantee of a Texas Community Development Grant 716591 to improve sewer services in the Wagner Addition. WHEREAS, certain actions of the City are required by the regulations governing HUD Community Development Block Grants. NOW, THEREFORE, BE IT RESOLVED AND ORDAINED that the City Council does hereby formally make and pass this resolution recognizing that real property and /or easements will be acquired in connection with the above mentioned grant, and does hereby announce its INTENT TO ACQUIRE the property described and attached hereto. PASSED AND APPROVED this the q day of 2SZLl � '1998. ATTEST: N aL j aDo na Floyd, City S�cretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: chard D. Ffujh—es,764 Attorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 735 O3E 1 City of Nederland Lift Station Site Lot 1, Exclusive Estates Subdivision BEING all that certain tract or parcel of land containing 0.0299 acres of land and being out of Lot One (1) of Exclusive Estates Subdivision, as appears upon the map or plat thereof, as recorded in Volume 14, Page 271 of the Map Records of Jefferson County, Texas; said tract being more particularly described as follows: BEGINNING at the most easterly comer of said Lot 1 in the southwest line of South Sixteenth Street; THENCE South 39° 3740" West with the southeast line of said Lot 1 for a distance of 25 feet to a point for corner; THENCE North 48° 47' 00" West along a line being parallel to the southwest line of South Sixteenth Street for a distance of 40 feet to point for corner; THENCE North 39° 3740" East along a line being parallel to the southeast line of said Lot 1 for a distance of 25 feet to a point for corner in the southwest line of South Sixteenth Street; THENCE South 48' 4700" East with the southwest line of South Sixteenth Street for a distance , of 40 feet back to the point of beginning and containing 0.0299 acres (1000 sq. ft.) of land. n 1 City of Nederland 15' Utility Easement Chalmos L. White Tract BEING a 15 foot wide utility easement along and adjacent to the southwest line of that certain tract conveyed to Chalmos L. White et ux dated April 1, 1965 and recorded in Volume 1421, Page 216 of the Deed Records of Jefferson County, Texas; said easement being more particularly described by metes and bounds as follows: BEGINNING at the west corner of said White tract and being the most southerly corner of that certain tract described in deed recorded in Volume 1485, Page 191 of the Deed Records of Jefferson County, Texas; THENCE South 48' 47' East with the southwest line of said White tract for a distance of 269.6 feet to the south comer of said White tract in the west line of a Jefferson County Drainage District No. 7 right -of -way; THENCE North 01' 30'08" West with the east line of said White tract and the west line of said Drainage District No. 7 right -of -way for a distance of 20.42 feet to point for corner; THENCE North 48° 47' West along a line being 15 feet distance from and parallel to the southwest line of said White tract for a distance of 255.75 feet to a point for corner in the northwest line of said White tract; THENCE South 41' 13' West with the northwest line of said White tract for a distance of 15 feet back to the point of beginning and containing 0.0905 acres (3940 sq. ft.) of land. 1 03"7 0.3 / \ ` 66p. "'D s � 8- Scale 1" = 50 ft sFra \'q, V / , �A 0y 1 QQ, 539'37'40 "W -25.0' N48'47'00 "W -40.0' Q3 N39'37'40 "E -25.0' S48'47'00 "E -40.0' 4V/ C c`rF / fm `. .` 'cam` \ . / Plat to Accompany Fieldnote Description y, of a � - o. `�(� City of Nederland 0.0229 Acre Tract out of Lot 1 SCHAUMBURG & POLK Exclusive Estates CONSULTING ENGINEERS DWG NAME: NEDPLAi2 DWG NO.: 87 -3 J 1 Y VOA. 1485 PG. 191 J. C. D. R. / , ti� I / o° + 1 / 1 \ \ I C. L. WHITE a \ \\ VOL. 1421 PC. 216 J. C.D.R. I; a \ 1 !1 \ Is S 41'13'00" W 15.00' \ \ \ 1 ° . \00" 1 00 � e'SF \SAS 1 960 \ F.C. 100 -96 -0762 J.C.D.R. \ 1I \ i Plat to Accompany N 01'30'08° w Fieldnote Description 20.42' of a City of Nederland 15' Utility Easement across the C. L. White Property OWG NAME: NEOPLAT7 OWG NO. 67 -2 039 Scale 1" = 50 ft I• 1, 09 D Z —1 n w R. I -* v SCIIAUMBURG & POLK CONSULTING ENGINEERS REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 23, 1998 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 9, 1998 meeting as written. All Voted Aye. LIBRARY Wayne Towle, Wal -Mart, presented a check in the amount of $1,800. to Victoria Klehn, Librarian, to be used for furnishings for the new library. Ms. Klehn thanked Mr. Towle for the donation. On behalf of the City Council and the citizens of Nederland, Mayor Nagel thanked Mr. Towle and Wal -Mart for their generiosity. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the donation from Wal -Mart in the amount of $1,800. for furnishings at the new library. All Voted Aye. PROCLAMATION A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a Proclamation declaring February 22 -28, 1998 as "National Engineers' Week" in Nederland, Texas. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:04 p.m. by Mayor Nagel for the purpose of receiving comments regarding an amendment to the Zoning Ordinance. Andre' Wimer, City Manager, explained that the proposed amendment to the zoning ordinance would prohibit encroachments into public easements, provide for a current property survey to accompany building permit applications; provide for a time period for Minutes continued, February 23, 1998 an appeal; provide for a fee for variance appeals and Licenses to Encroach; provide for publications to be one time rather than three; and provide for stiffer penalties for violations. ADJOURN There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:10 p.m. by Mayor Nagel. ORDINANCE 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. RESOLUTIONS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Resolution 1998 -05, nominating C & D Robotics, Inc. as an enterprise project. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1998 -06, allowing the ' City of Nederland to join a coalition of Texas cities to address issues relating to Phase II of the EPA's Storm Water Program. All Voted Aye. BIDS A motion was made by Councilman Nugent and seconded by Councilman Sawyer to authorize advertisement of bids for one (1) compact pickup truck for the Fire Department to be received March 19, 1998 at 11:00 a.m. All Voted Aye. CONTRACTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve renewing a contract with Action Bonded Cleaning, Inc. in the amount of $16,440. for janitorial services. All Voted Aye. LIBRARY A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the submission of a grant application to the Nelda C. and H. J. Lutcher Stark Foundation in the amount of $25,000. for the library. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Neches Engineers in the amount of $2,226.69, Police Station roof replacement. All Voted Aye. 04 049- Minutes continued, February 23, 1998 A motion was made by Councilman Sawyer and seconded by ' Councilman Daughtry to authorize payment to Larry's Construction in the amount of $51,889.50, sewer line replacement. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Schaumburg & Polk, Inc. as follows: $7,027.68, Wastewater Treatment Plant improvements; $4,179.61, Nederland Avenue rehabilitation; $6,947.00, Sanitary Sewer Evaluation Survey; and, $2,556.19, water and sewer preliminary engineering for recently annexed area. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:41 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, and /or release of property; and, Chapter 551.071, Robert Miller v. City of Nederland, Louis Hernandez v. City of Nederland, and Entergy v. City of Nederland. RECONVENE The regular meeting was reconvened at 7:17 p.m. by Mayor Nagel. He announced. that .the Executive Session was for informational I purposes only. OFFICIALS' Andre' Wimer, City Manager, reported that the intersection projects COMMENTS at 27`h Street @ Avenue H and 27`h Street @ Helena will probably require the acquisition of right -of -way. The City Manager stated there will be a meeting held next week between City staff and the engineers regarding the leaks at the Water Treatment Plant. Mr. Wimer announced that Councilman Nugent was appointed to serve on the Texas Water Development Board Water Planning Committee. ADJOURN There being no further business the meeting was adjourned at 7:20 p.m. by Mayor Nagel. Homer E. Nagel , ATTEST: C�2"fl- LaDonna Floyd, City S cretary 043 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 02- 23- 4� Date ,do- dkbL 044 AN AMENDMENT TO ORDINANCE NO. 146 , AN AMENDMENT TO ORDINANCE NO. 146 (APPENDIX A OF THE CITY OF NEDERLAND CODE OF ORDINANCES, SECTIONS 5D, 8, AND 9) WHICH REGULATES AND PROVIDES FOR ZONING IN THE CITY OF NEDERLAND; PROHIBITING ENCROACHMENTS INTO PUBLIC EASEMENTS, ETC.; PROVIDING FOR A CURRENT PROPERTY SURVEY TO ACCOMPANY BUILDING PERMIT APPLICATIONS; PROVIDING A TIME PERIOD FOR AN APPEAL TO THE ZONING BOARD OF APPEALS; PROVIDING AN ADMINISTRATIVE FEE FOR VARIANCE APPEALS AND LICENSES TO ENCROACH; PROVIDING A PENALTY; PROVIDING FOR NOTICE OF PUBLIC HEARINGS ON ZONING CHANGES; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Nederland, based on the recommendation of the Planning and Zoning Commission and after conducting a public hearing, finds that it is in the best interest of the citizens of the City of Nederland to regulate and provide for zoning in the City , of Nederland regarding the restriction and /or prohibition of structures of any type, including but not limited to, residential dwellings, apartments, swimming pools, decks, concrete slabs, building accessories or other fixtures, within City easements, right -of -ways, and setback lines of the City of Nederland, and to provide additional requirements to assist in the proper administration of zoning regulations, including the establishment of administrative fees for variance appeals and the issuance of licenses to encroach, the time period for which an appeal may be taken to the Zoning Board of Appeals, and the fine for violation of this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. That "Section 5D. Alleyways and Street Right -of- Ways" of Ordinance 146 (Appendix A, Zoning, of the City of Nederland Code of Ordinances) is deleted in its entirety and hereby amended to read as follows: "Section 5D. Alleyways, Street Right -of -Ways, and Encroachments. No person, firm, or corporation, without first obtaining a variance from the City of Nederland or its zoning board of appeals and if required, a license to encroach, shall intentionally, knowingly, or recklessly construct or cause to be constructed an y structure, including but not limited to, residential dwellings, apartments, swimming pools, decks, , concrete slabs, building accessories or other fixtures within, into, or upon a public right - of-way, alleyway, easement or setback line established within the City of Nederland. If ' the zoning board of appeals grants a variance to a property owner for an encroachment within, into, or upon a public easement, right -of -way, or setback line, but makes the variance conditional upon the property owner(s) obtaining a written license to encroach from the City of Nederland, the variance shall not be effective until the property owner(s) executes the required license to encroach prescribed by the City and pays an administrative fee in the amount of $200.00 to the City of Nederland." 1I SECTION 2. That "Section 8. Enforcement" of Ordinance 146, (Appendix A, Zoning, of the City of Nederland Code of Ordinances) is amended by adding the following sentence at the end of the first sentence in the paragraph: "When required by the Building Official, a current property survey reflecting all public easements, restrictions, right -of -ways, and setback lines on, adjoining or affecting the property shall accompany the application for the building permit." "Section 8. Enforcement," as amended, shall read as follows: "Section 8. Enforcement. The provisions of this appendix shall be enforced by a duly appointed or designated official of the City under the direction of the City Council in accordance with the provisions of the City Charter. When required by the Building Official, a current property survey reflecting all public easements, restrictions, right -of -ways, and setback lines on, adjoining or affecting the property shall accompany the application for the building permit. Applications for building permits shall be made upon a prescribed form. Upon receipt of an application for a building permit, the duly appointed designated official, hereinafter referred to as the official, shall, as soon as practical, check the application for compliance with the terms hereof. In the event that the specifications set forth in the application are in accordance with this appendix, and such amendments as may be made thereto from time to time, the official shall issue a building permit and set the fee therefor. In the event that the application does not meet such requirements as set forth heretofore, the official shall endorse his reasons for refusal thereon, and file same with the records of his office. In case the applicant for a building permit desires to appeal from the decision of the official to issue such permit, the latter shall assist the applicant in the preparation of an appeal to the zoning board of appeals as hereinafter provided. When requested, the official shall furnish to the applicant a true copy of the application together with all endorsements thereto setting forth the reasons for his refusal to issue the permit. " SECTION 3. That paragraph (c) in "Section 9. Zoning Board of Appeals" of Ordinance 146 (Appendix A, Zoning, of the City of Nederland Code of Ordinances) is deleted in its entirety and hereby amended to read as follows: 045 046 "(c) Appeals to the board may be taken by any person aggrieved or by any officer, , department, board or bureau of the municipality affected by any decision of the official concerning the enforcement of the provisions of this appendix. Such appeal shall be taken within thirty days from the date that the person making the appeal receives notice from the official advising of his or her decision concerning the enforcement of the provisions of this appendix and such appeal may be taken by filing with the official and with the board a notice of appeal and specifying the specific grounds on which the appeal is made. In addition to the foregoing requirements for appeal, any person appealing a decision of the official on matters pertaining to a request for a variance from easements, right -of -ways, setback lines and /or other encroachments shall pay an administrative fee of $75.00 to the City within the thirty days allowed to perfect the appeal. The official shall forthwith transmit to the board all papers constituting the record upon which the action appealed was taken." SECTION 4. That paragraph (c) of "Section 12. Changes and Amendments" of Ordinance 146 (Appendix A, Zoning, of the City of Nederland Code of Ordinances) is deleted in its entirety and hereby amended to read as follows: "(c) A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one time in the official publication of the City or in a newspaper of general circulation in the City, stating the time, place and purpose of such hearing, which time I shall not be earlier than 15 days from the date of publication. SECTION 5. Any person, firm, or corporation who causes an encroachment in violation of Section 5D. of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine as provided in Section 16 of Ordinance 146 (Appendix A, Zoning, of the City of Nederland Code of Ordinances). SECTION 6. 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 7. If any provision of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining 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. SECTION 8. 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 0-3 DAY O , A.D., 1998. Homer E. Nagel, Mayo— r—"v CITY OF NEDERLAND ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: I'�L 9:1 /ticl Richard D. Hughes, City At mey 1 047 MW CITY OF NEDERLAND , RESOLUTION 1998 -05 WHEREAS, the Texas Department of Economic Development ( "Department ") designated the City of Nederland Enterprise Zone (the "Zone ") on January 9, 1998; WHEREAS, Department will consider C & D Robotics, Inc. as an enterprise project pursuant to a nomination and an application made by the City of Nederland, Texas (the "City "); WHEREAS, the City desires 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 "), C & D Robotics, Inc. has applied to the City for designation as an enterprise project; and, WHEREAS, the City finds that C & D Robotics, Inc. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. C & D Robotics, Inc. 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 lease twenty -five percent (25 %) of the business' new employees will be residents of a Zone within the City's jurisdiction or economically disadvantaged individuals; 2. C & D Robotics, Inc. is located in the Zone, or has made a substantial commitment to locate in the Zone, which has an unemployment rate of not less than one and one -half (1 %) times the state unemployment rate, or a population loss of at least twelve (12) percent during the most recent six -year period or a population loss of at least four (4) percent for the most recent three -year period; 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Zone; and 4. The designation of C & D Robotics, Inc. as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the Zone. WHEREAS, the City finds that C & D Robotics, Inc. meets the criteria for tax relief and other incentives adopted by the City and nominates C & D Robotics, Inc. on the grounds that it will be located wholly within the Zone, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate C & D Robotics, Inc. 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 C & D Robotics, Inc. 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 the Department and terminate five (5) years after that date of designation. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland this the (2,23 day of Spa/ .%A , 1998. Homer E. Nagel, Mayor v City of Nederland, Texas ATTEST: LaDonna Floyd, Cit�cretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: L-,, -c-, v,, ichard D. Hughes, City Att ney City of Nederland, Texas 1 . r� AL .rte_ .r 049 050 CITY OF NEDERLAND ' RESOLUTION 1998 -06 A RESOLUTION TO JOIN A COALITION OF TEXAS CITIES TO ADDRESS ISSUES RELATING TO THE EPA'S PHASE II STORM WATER PROGRAM WHEREAS, on January 9, 1998, the Environmental Protection Agency (EPA) proposed rules to implement Phase II of EPA's Storm Water Program; WHEREAS, EPA's proposed rules automatically designate cities located in Urbanized Areas (as defined by the Census Bureau) and potentially designate cities with populations greater than 10,000 and population density greater than 1,000 per square mile as being required to obtain federal permits for their discharges of storm water runoff; WHEREAS, the City of Nederland either (1) is located within an Urbanized Area, or (2) has a population greater than 10,000 with a population density greater than 1,000 per square mile and, thus, will be affected by EPA's proposed rule; WHEREAS, EPA's proposed Phase II Storm Water Program could impose substantial economic and manpower burdens on small cities without providing federal or state funds to offset the costs imposed on these local governments; WHEREAS, a group of affected Texas cities have met and agreed to pursue a joint effort to address EPA's Phase II Storm Water Program, including preparing and submitting comments on EPA's proposed rule and other issues, with this joint effort to be managed by a Steering Committee made up of representatives from the participating cities and funded by contributions from the participating cities in an amount to be determined by the Steering Committee, but not to exceed ten cents (100) per capita; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland that the City Manager is authorized to sign and return the Participation Agreement on behalf of the City and to contribute an amount to be determined by the Steering Committee, but not to exceed ten cents (10¢) per capita, to assist in addressing issues and concerns raised by EPA's Phase II Storm Water Program. PASSED AND APPROVED by the City Council of the City of Nederland this the 01-3 day of t� hu nA.- 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: La onna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: , .-S!Ak� Richard D. Hughes, City A torney City of Nederland, Texas �J 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. March 9, 1998 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 February 23, 1998 meeting as written. All Voted Aye. DRAINAGE Greg Frank, Costello, Inc., presented the Council with the Drainage Analysis of the Upper Main `B" Channel. Mr. Frank stated that the purpose of this study was to perform a detailed analysis of the area of the Main `B" watershed which is located within the City of Nederland, and to evaluate improvement alternatives to alleviate existing flooding problems. He added that Costello, Inc. has offered three (3) improvement options which are aimed at reducing the overbank flooding along the Main `B" channel upstream of Avenue H. Costello, Inc. is recommending that Proposal No. 1 and /or Proposal No. 2 be implemented. Proposal No. 1 would consist of adding an 8' x 5' box culvert to the existing two - 6' x 5' box culverts at the Main `B" crossing at Avenue H. This would reduce flood levels between Avenue H and Hwy. 347 by as much as 1 foot, and upstream of Hwy. 347 as much as 0.5 feet, with a minimal impact on downstream flows. The estimated cost of Proposal No. I is $59,300.00. Mr. Frank also reported that the flowline elevation of the existing box culverts at Hwy. 347 is approximately one foot lower than the flowline of the channel on either side of the highway's right -of- way. Proposal No. 2 consists of reconstructing the channel with a uniform bottom slope from Avenue H to Hwy. 347, with the proposed channel flowline matching the existing box culvert flowlines at each end. The box culverts at 12' and 13' Streets would have to be reconstructed at a lower flowline elevation, but not enlarged. This proposal, which includes Proposal No. 1, would reduce flood levels between Avenue H and Hwy. 347 by as much as 1.7 feet and increase capacity to 10 year flows, and upstream of Hwy. 347 water levels would be lowered as much as 1 foot and capacity would be increased to the 5 -year level throughout the majority of the reach. The estimated cost of Proposal No. 2 is $550,581.25. Mr. Frank further stated that any improvement to the Main `B" drainage system should be 051. 052 Minutes continued, March 9, 1998 supplemented by improvements to the roadside ditches and culverts within the residential areas. The minimum recommended driveway culvert size is 18 , inches in diameter, the heavily silted ditches should be re- excavated to a uniform slope and dimension, and all catch basins and inlets should be cleared of debris. These improvements will enable runoff to be conveyed much more efficiently, -and will significantly reduce the length of time that water ponds in the roadside ditches, streets, front yards, etc. This upgrade of the existing roadside system must be followed by routine inspection and maintenance, performed at intervals deemed appropriate to ensure unrestricted drainage within the system. Harold Gribnau, 1022 Avenue E, asked if the size of Main `B" will be enlarged. Mr. Frank stated that it would not. Hayden Jones, 924 Avenue E, asked if these improvements would provide for faster drainage in his area. Mr. Frank stated that faster runoff would occur upon completion of the two proposals. Mayor Nagel stated that the City staff will be meeting with Drainage District No. 7 representatives to discuss these recommendations. He added that he would hope the City could begin the bidding process for the roadside ditch and culvert maintenance as soon as possible. ' A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the Drainage Analysis of the Upper Main `B" Channel as prepared by Costello, Inc. All Voted Aye. WATER & SEWER Keith Gorsuch, 3501 Memorial Hwy., asked that the Council consider assuming ownership of the water distribution system and the sewer collection system and lift station within Parkway Village Mobile Home Estates. Mayor Nagel responded that the City could not assume ownership of their water lines because the mobile home park is located on private property. However, he added that in the future the City would be interested in discussing the possibility of the City assuming ownership of the lift station. Mayor Nagel stated that the City would inform Mr. King (owner of the mobile home park) of the City's decision. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to deny Parkway Village Mobile Home Estates request that the City assume ownership of their water lines. All Voted Aye. r Minutes continued, March 9, 1998 SOLID WASTE Bill Castleman, on behalf of the residents of Gayle Lane, addressed the Council relative to the garbage service on their street. He stated that the residents are very unhappy with the fact that because the road is on private property the City will not provide curbside service to them and has required that they place all their solid waste on Smith Road. The Mayor and the City Manager informed Mr. Castleman of the reasons a city may not enter on private property. They explained the process to have the road dedicated as a public road and the necessary improvements that are necessary before the City could accept it. Mayor Nagel added that the City could make the necessary improvements and then assess the cost to the residents equally. Mr. Castleman stated that he felt all the residents would be agreeable to granting the road to the City. A motion was made by Mayor Nagel and seconded by Councilman Nugent to advise Bill Castleman, Gayle Lane, of the City's policy on roads and streets and the necessary improvements that must be performed. All Voted Aye. ' PROPERTY A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1998 -08, authorizing a License to Encroach at 3415 Avenue M and authorizing the City Manager to sign the document. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by Councilman AGREEMENTS Nugent to approve the renewal of an agreement with Holy Cross Lutheran Church for the neighborhood park located on Helena Avenue. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone approving a contract with Jefferson County for water and sewer service at the Jefferson County Airport. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve hiring Bishop Real Estate Appraisers, Inc., Beaumont, TX, in the amount of $4,000.00 for appraising the necessary parcels to be acquired for the wastewater system improvement project. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Radcliff to award bids received for dewatering equipment at the Wastewater Treatment Facility to Kinsel Industries, Inc., Houston, TX, in the amount of $569,600.00, contingent upon approval of the Texas Water Development Board. All Voted Aye. 053 054 Minutes continued, March 9, 1998 A motion was made by Mayor Nagel and seconded by Councilman Daughtry to award bids received for the installation of cabling/wiring and for a phone ' system for the new library to Southwestern Bell, Houston, TX, in the amount of $16,101.63. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the purchase of two (2) dump trucks for the Public Works Department from HGAC in the amount of $65,739.08. All Voted Aye. ELECTION A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Resolution 1998 -07, calling for a Special Election to be held May 2, 1998 for the purpose of amending the City Charter 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. WATER AND A motion was made by Councilman Sawyer and seconded by Councilman SEWER Daughtry to approve Change Order No. 1, Atlanta Avenue /Second Street area water distribution system improvements, to Norman Highway Constructors, Inc. in the amount of $7,928.00 for 752 L.F. 6" water line, ' including excavation, backfilling, cleanup, and incidentals; 4 water taps; and, 40 L.F. 3/4" polyethylene service pipe. All Voted Aye. STREETS AND A motion was made by Councilman Nugent and seconded by Councilman SIDEWALKS Radcliff to approve the installation of a street light at 1620 - 34' Street. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Costello, Inc. in the amount of $3,490.75, Main `B" study. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment of the bills for the month of February, 1998. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman Sawyer to SESSION postpone the Executive Session. All Voted Aye. 055 1 r n L Minutes continued, March 9, 1998 OFFICIALS' Andre' Wimer, City Manager, reported that the Centennial Committee has COMMENTS a display of the history of Nederland in the main Courthouse in Beaumont. The City Manager also reported that it appears that Jefferson County will not renew their contract with the City for fire protection services outside of our city limits. Mr. Wimer informed the Council that Fire Chief Mike Lovelady received his Master Peace Officer Certification and should be commended. ADJOURN There being no further business the meeting was adjourned at 5:05 p.m. by Mayor Nagel. ATTEST: C >ZU.a<,Ir� LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, mayor —G City of Nederland, Texas US CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor ,/ Robert Sawyer Council Member, Ward 1 Joe Daught 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 V/ Jim Weaver Parks and Recreation Director Victoria Klehn Librarian ✓ Z2�� -,,- Mayor City Secretary . Z3- 9 9� Date n 1 05 CITY OF NEDERLAND RESOLUTION NO. 1998 -08 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING THE EXECUTION OF A LICENSE TO ENCROACH AGREEMENT BETWEEN THE CITY OF NEDERLAND AND CHRISTINE L. MURPHY REGARDING ENCROACHMENTS ADJACENT TO LOT 9, BLOCK 2, PARKSIDE ADDITION TO THE CITY OF NEDERLAND NOW, THEREFORE, BE Tr RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS: That the City Manager is hereby authorized and directed to execute on behalf of the City, a License to Encroach Agreement between the City of Nederland (Licensor) and Christine L. Murphy (Licensee) pertaining to encroachments adjacent to Lot 9, Block 2, Parkside Addition, a copy of said Agreement being attached and made a part hereof. IPASSED AND APPROVED this the q day of 7'lnnrA , 1998. Homer Nagel, Mayor City of Nederland ATTEST: �S'- aa4 LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: 1 "�a� iL� - Richard D. Hughes, City Atto ey ,r -1116. 058 RESOLUTION 1998 -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLINGA SPECIAL ELECTION ON SATURDAY, MAY 2,1998; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THE SPECIAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS 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 2, 1998 there shall be submitted to the resident qualified electors of the City of Nederland the proposition for an amendment to the City of Nederland Home Rule Charter as provided for by a petition signed by 652 qualified voters of the City of Nederland. The amendment, ifapproved, will provide for all collective bargaining issues in dispute be submitted to binding interest arbitration for the Nederland Fire Fighters' Association. WHEREAS, the laws ofthe State of Texas and the Charter ofthe City ofNederland further provide that the Election Code ofthe 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: The City of Nederland 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 of the 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 date of said election. Said place ofvoting 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. 1 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 ofthe Central Counting Station as provided in Section 127.005 ofthe ■ Election Code. Said election shall be held in accordance with the Election Code ofthe 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 after the closing of the 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 9th day of March, 1998. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: IZ. "-, '�- 'a�� Richard D. Hughes, City AttorneTy City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas -- do. — -- Ad 059 060 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 23,1998 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. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the March 9, 1998 meeting as written. All Voted Aye. PROCLAMATION Mayor Nagel presented a Proclamation to Cindy Fertitta, March of Dimes, and Carol Womack, Lamar University - Port Arthur, declaring April 4, 1998 as "March of Dimes WalkAmerica Day" in Nederland, Texas. Ms. Fertitta and Ms. Womack thanked the Mayor and Council for their support of the March of Dimes. A motion was made by Mayor Nagel and seconded by Councilman Nugent r to approve the Proclamation declaring April 4, 1998 as "March of Dimes WalkAmerica Day" in Nederland, Texas. All Voted Aye. COMMENT Mayor Nagel took this opportunity to thank Councilman Daughtry for his leadership role in making it possible for the City of Nederland employees to participate in the Nederland Heritage Festival parade by providing a float for them to ride on. He added that the float won First Place in the civic organization category of the parade. Councilman Daughtry thanked the employees for their participation and in making the float such a success. STREETS A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize the closure of Boston Avenue from 15`h Street to the Nederland Independent School District bus bam from April 23 -26, 1998 for Nederland Centennial activities. All Voted Aye. RESOLUTION A motion was made b Councilman Sawyer y ounc C S y and seconded by Mayor Nagel to approve Resolution 1998 -09, supporting completion of the grade separation at Hwy. 347 @ F.M. 365. All Voted Aye. Minutes continued, March 23, 1998 STREETS A motion was made by Councilman Nugent and seconded by Councilman ' Radcliff to approve the installation of a street light at 3104 Seattle Avenue. All Voted Aye. WASTEWATER A motion was made by Mayor Nagel and seconded by Councilman Sawyer SYSTEM to approve Revision No. 1 to the Engineering Feasibility Report, SRF wastewater project. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by Councilman AGREEMENTS Daughtry to approve a contract with Safety, Inc. for asbestos removal at the old water treatment plant at an estimated cost of $9,175.00. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the advertisement of bids for asbestos removal at the old water treatment plant. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the advertisement of bids for repair work on the South 5`h Street water storage tank. All Voted Aye. ' A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize the advertisement of bids for three (3) pickup trucks for the Public Works Department. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to award bids received for one (1) pickup truck for the Fire Department to Buddy Chevrolet, Port Arthur, TX, in the amount of $14,626.00. All Voted Aye. PROPERTY A motion was made by Mayor Nagel and seconded by Councilman Nugent to declare the following city property as surplus and authorize it to be placed in the Nederland Independent School District auction: assorted bicycles; Seikosha Printer; HP LaserJet printer; radio parts, mounts, accessories; paper cutter; Victor calculator; Unisonic calculator; Epson Laser printer; two (2) monitors; old Motorola radio base station; assorted office supplies (file boxes, etc.); four (4) cushion chairs; propane generator; IBM electric typewriter; Konica copier royal 4290; Canon CP1001 calculator; 13 IBM 4202 Proprinter XL ribbon; 6 IBM 4224/4230 printer ribbon; Hunt Boston ' pencil sharpener; 4 LSDA cylindrical door lock sets; intercom phone; Bartizan credit card slide; and Panasonic transcriber. All Voted Aye. 061. 062 Minutest continued, March 23, 1998 WATER TREAT- A motion was made by Councilman Daughtry and seconded by Councilman MENT PLANT Nugent to authorize the submission of correspondence to KSA Engineers, ' Inc. regarding the administration building at the Water Treatment Plant if the building continues to leak during periods of rain. 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 $9,891.03, drainage study. 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 $1,953.50, drainage study. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Coatings, Inc. in the amount of $18,002.00, repair and painting of Canal Avenue water storage tank contingent upon recommendation by Don S. Reichle & Associates. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment to Don S. Reichle & Associates in the amount of $11,658.95, water storage tank rehabilitation. All Voted Aye. ' EXECUTIVE The regular meeting was recessed at 6:50 p.m. by Mayor Nagel for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.072, discuss acquisition, exchange, and/or release of property; and, Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Entergy Rate Case; and, Southern Union Gas Rate Case. 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. OFFICIAL'S Andre Wimer, City Manager, stated that he will be mailing two letters to COMMENTS Drainage District No. 7, one regarding potential improvements to the Main "B" canal, and one requesting financial assistance for the drainage study of Main "C" canal. Mr. Wimer stated that the Highway Department is anticipating bidding the I Nederland Avenue rehabilitation project in mid -May. Minutes continued, March 23, 1998 Mr. Wimer also reported that the hydraulics on the Fire Department's ladder ' truck failed inspection. An estimate of $7,444. was received from R & P Emergency in Katy, Texas. ADJOURN There being no further business the meeting was adjourned at 7:30 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 n Homer E. Nagel, Mayor City of Nederland, Texas 063 064 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 Vi 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 CAC"(�" c'�-&'d City Secretary ,3 -,�3 ,c, Date 1 CITY OF NEDERLAND RESOLUTION 1998 -09 A RESOLUTION SUPPORTING COMPLETION OF GRADE SEPARATION ON S.H. 347 (TWIN CITY HWY.) AND F.M. 365 /KCS RAILWAY WHEREAS, the City of Nederland has been involved with discussions pertaining to a grade separation at S.H. 347 and F.M. 365; and WHEREAS, the City of Nederland is prepared to request the Texas Transportation Commission to approve the design of the above grade separation, authorize the detailed planning and the construction of this project, which will be the last S.H, 347 improvement included in the 1957 Jefferson County Road Bond Issue; and WHEREAS, considerable work has been completed and progress made toward finalizing this grade separation design including the first public meeting, November 13, 1997, meetings of the Ad Hoc Committee on November 21, 1997, December 3, 1997 and February 11, 1998 with the Texas Department of Transportation, City of Nederland officials, City of Port Neches officials, Jefferson County officials, and Sylva Engineering Corp. (the design consultant) and including a presentation to the Port Neches City Council; and WHEREAS, the City of Nederland has approved the preferred grade separation design now designated as Alternative Number Five (5) presented on February 11, 1998, which indicated that South 131h Street would tie into the access road thereby allowing it to be a through street to Avenue H; and WHEREAS, a public meeting will be held to receive public comments and to provide information concerning the approved grade separation design at the Port Arthur Civic Center on S.H. 73 and 9t1 Avenue on March 25, 1998 at 6:30 p.m., with all interested persons invited; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT all levels of government, agencies, Chambers of Commerce, Economic Development Corporations and other groups that support economic development, creation of jobs and substantial improvements to the highway system serving Jefferson County and improved safety and mobility; and THAT the City of Nederland supports this proposed grade separation, Alternate Number Five, by approving this Resolution and sending copies to the Texas Department of Transportation and Jefferson County Commissioner's Court on or before the public meeting, March 25. 1998, PASSED AND APPROVED THIS the 23rd day of March, 1998 by the City Council of the City of Nederland, Texas. Homer E. Nagel, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney i 06t5 066 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. April 13, 1998 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 March 23, 1998 meeting as written. All Voted Aye. CONTRACTS/ Andre' Wimer, City Manager, reported that Costello, Inc. has AGREEMENTS submitted a proposal to conduct a drainage study of the Main "C" , drainage area in the amount of $72,500., which does not include any surveying costs. He added that Jefferson County Drainage District No. 7 agreed to fund 50% of the study. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve an agreement with Costello, Inc. to conduct a drainage study of the Main "C" drainage area. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a contract with Jefferson County for additional water and sewer service at the Jefferson County Airport. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve a contract with Applied Geological Technology for remediation work at the Service Center contingent upon approval by the City Attorney. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve a contract with the Mid County YMCA for the use I of Doornbos Park swimming pool for swimming lessons. All Voted Aye. Minutes continued, April 13, 1998 1 ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve an Amendment to Ordinance No. 1996 -01, fee schedule for the City of Nederland Recreation Center. All Voted Aye. PROPERTY A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve a License to Encroach for the property located at 804 Hunter Ridge Lane as recommended by the Zoning Board of Appeals. All Voted Aye. PARKS & A motion was made by Councilman Sawyer and seconded by Mayor RECREATION Nagel to authorize the emergency purchase of air conditioning equipment for the Recreation Center from W. Williams Heating and Air Conditioning, Port Neches, TX, in the amount of $12,940.00. All Voted Aye. FIRE SERVICE Andre' Wimer, City Manager, stated that the subject of fire protection outside the city limits and extraterritorial jurisdiction has been placed on the agenda for discussion due to the recent decision by Jefferson County to not provide service to this area. This has been an issue and discussed several times since December 16, 1996. The end result was an agreement between the City and Jefferson County whereby the City would continue providing service through June 30, 1998. The County has informed the residents that they will need to form their own fire district, join in with Fire District No. 1, or form a volunteer department. Mr. Wimer added that he does not anticipate a solution to this matter until at least November at which time there may be an election called for the residents to decide which option they would prefer. Mayor Nagel added that the contract has been extended several times and feels that the City should not grant another extension. He stated that the area in question falls in the extraterritorial jurisdiction of Port Arthur and Beaumont and the residents of Nederland are left with virtually no available service when a call is made in this area. Richard Hughes, City Attorney, suggested that we send a formal notice of termination to the County if the Council decides not to ' extend the existing contract. "`Mr. Wimer stated that this item will be placed on the next agenda. 067 06& Minutes continued, April 13, 1998 PROMOTIONS Andre' Wimer, City Manager, presented the Council with a tentative proposal for promotions within the City. He stated that it is being ' proposed that there be no distinctions made between Maintenance Worker I and Maintenance Worker II because the jobs are so similar. The proposal also clarifies the Heavy Equipment Relief position. Mayor Nagel suggested that the Council review the proposal and have this item placed on a future agenda for consideration. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Larry's Construction in the amount of $23,517.90, sewer line replacement. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payments to Schaumburg & Polk, Inc. as follows: $2,625.46, wastewater system improvements; $9,739.95, preliminary water and sewer engineering for newly annexed area; and, $14,092.94, Sanitary Sewer Evaluation Survey. All Voted Aye. A motion was made by Councilman Sawyer and seconded by ' Councilman Daughtry to authorize payment to Don S. Reichle & Associates in the amount of $5,800.00, water storage tank repairs. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment of the bills for the month of March. All Voted Aye. EXECUTIVE The regular meeting was recessed at 3:55 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, and /or release of property; Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Lloyd and Maybelle Landry v. City of Nederland; Entergy rate case; and Southern Union Gas rate case; and, Chapter 551.074, consider grievance by Donna King. RECONVENE The regular meeting was reconvened at 5:40 p.m. by Mayor Nagel. He announced that the items under Chapter 551.072 and Chapter I 551.071 were held for informational purposes only. Minutes continued, April 13, 1998 A motion was made by Mayor Nagel and seconded by Councilman Radcliff to deny the grievance filed by Donna King regarding injury leave. All Voted Aye. OFFICIAL'S Andre' Wimer, City Manager, stated that the Sanitary Sewer COMMENTS Evaluation Survey report will be on the next agenda. , Mr. Wimer informed the Council that due to a change in the Election Code the first meeting in May will be held Tuesday, May 5`h, and due to Memorial Day the second meeting will be held Monday, May 18`h. The City Manager reported that the Water Treatment Plant did not show any signs of leaking during the last rain, but we will not paint the building until we have at least one more rain to make certain the leaks are repaired. ADJOURN There being no further business the meeting was adjourned at 5:55 p.m. by Mayor Nagel. ATTEST: CAJ ,V, c�� d LaDonna Floyd, City Secretary City of Nederland, Texas 1 6 Homer E. Nagel, Mayor City of Nederland, Texas 069 071.) CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET K 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 V/ Jim Weaver Parks and Recreation Director Victoria Klehn Librarian ✓ Mayor �— City Secretary q -i:3,9� Date ezz C91 'Ir vlw 071 THE STATE OF TEXAS COUNTY OF JEFFERSON INTERLOCAL COOPERATION AGREEMENT (WATER AND SEWER SERVICES) THIS AGREEMENT is made and entered into this _ day of , 1998, 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 water and sewer service and related services for the benefit of the citizens of JEFFERSON COUNTY; and WHEREAS, CITY is the owner and operator of certain water and sewer facilities and other equipment designed for supplying the water, treatment of waste water, and maintenance of appurtenant lines and facilities and has in its employ trained personnel whose duties are related to the use of such services; WHEREAS, COUNTY is in the process of developing aircraft hangers and commercial buildings on its airport property and COUNTY desires that CITY extend and provide to such development city water and sewer service to serve same, and CITY, under certain conditions and stipulations, is agreeable thereto; and 2 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 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 1st day of 1998. 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. II. Obligations of and services to be rendered hereunder by CITY and /or COUNTY are ' defined as follows: A. Water Facilities. The CITY, subject to and upon the terms and conditions hereinafter set out, agrees to furnish to the COUNTY, treated, fresh water and the COUNTY agrees to buy and pay for such water as may be furnished under the terms of this contract, at the rate provided for below. The COUNTY, at its sole cost and expense, shall provide engineering and construction of the 6" line from the connection near the existing terminal building to the termination at the western end of this project as shown on Attachment "l ". The COUNTY shall construct this facility in accordance with plans and specifications that have been approved by the Texas Natural Resource Conservation Commission Plans Review and Rate Design Team, Water Utilities Division and the Nederland City Council. The CITY will provide metered connections , F] 073 along the line in accordance with the City of Nederland Code of Ordinances. Operation and maintenance by the CITY shall end at the downstream side of all water meters. The CITY shall be required to read, maintain and operate all of the water meters and to replace same as necessary during the term of this contract. The COUNTY shall be solely responsible for repairs and /or replacement of any COUNTY property or private property of COUNTY tenants that is damaged or destroyed while CITY is maintaining this facility. B. Sanitary Sewer Facilities. The CITY agrees to fumish the COUNTY the treatment of normal domestic sewerage wastewater (excluding industrial wastewater) discharged by a person into sanitary sewers and in which the monthly average concentration of total suspended solids is not more than 300 mg /l and BOD is not more than 250 mg /1; and the COUNTY agrees to pay for such sewer transportation and treatment service under the terms of this contract at the rate ' provided below. The COUNTY shall provide the sewer lines and lift stations and provide funding n for the construction, operation, maintenance and replacement of the sewer lines and lift stations from the tenant structures to the downstream side of the lift stations as shown on Attachment "1 ". The COUNTY shall construct this facility in accordance with plans and specifications that have been approved by the Texas Natural Resource Conservation Commission Plans Review and Rate Design Team, Water Utilities Division and the Nederland City Council. The COUNTY shall provide, fund, and construct, and the CITY shall operate and maintain the 3" force main and service connections to the lift stations throughout the limits of this project. The COUNTY guarantees that all discharges to the sewer system shall conform to all applicable Federal, State and City of Nederland regulations and ordinances. The COUNTY shall be solely responsible for 3 074 repairs and /or replacement of any COUNTY property or private property of COUNTY tenants I that is damaged or destroyed while CITY is maintaining this facility. C. Construction /Title /Operations. The COUNTY will provide all funding, labor, materials, insurance and contingencies necessary to construct the water and sanitary sewer facilities. Title to the water and sanitary sewer facility shall remain in the name of Jefferson County; provided, COUNTY shall not tie into lines or obtain CITY water or sewer services without first complying with all City of Nederland Code requirements, including tap permits and fees. Upon satisfactory completion of the water and sanitary sewer facilities, the CITY will maintain and operate them throughout their useful life, or until this contract is terminated pursuant to its terms. CITY shall be designated and act as the operator of the facilities for purposes of service connections and maintenance. D. Ingress and Egress. COUNTY grants to CITY full ingress and egress on its property ' and property of its tenants to properly allow CITY to operate, maintain, repair and inspect the water and sewer facilities. The CITY, its agents and representatives, and regulatory agencies having jurisdiction, shall have (and it is hereby granted) the privilege and permission to inspect the water lines and sanitary sewer lines within the project. E. Plumbing Code Requirements. The COUNTY covenants, binds and obligates itself to make certain that all water connections, sewer connections and other plumbing hereafter installed in this project shall meet and conform to the minimum requirements of the Code of Ordinances of the CITY. Failure of the COUNTY to correct any violation of this paragraph within thirty days after receipt of written notice from the CITY of the violation, shall give the CITY the right to terminate this contract. 4 1 I F. Force Majeure. CITY shall not be liable to COUNTY nor its tenants or customers for failure to furnish water and sewer services under this contract if such failure is caused by strike, fire, riots, lockouts, storms, drought, war or Act of God or the destruction or failure, total or partial, or the breakdown of any treating plant or plants, or any units or equipment therein, or the destruction or breakdown of any supply canal or canals, line or lines, from any cause whatsoever, or by reason of insufficient treating capacity. G. First Priority. The parties hereto agree that it is the duty of the CITY to furnish water and sewer services to its residents first and that the rights of the COUNTY under this contract are subordinate to the needs of the customers within the corporate limits of the City of Nederland, Texas. H. Compensation. For the services hereinabove stated, COUNTY agrees to compensate ' the CITY for water and for sewer service at the same rates as is provided for and being paid by COUNTY to CITY for water and sanitary sewer services under Paragraph III of the Agreement dated June 26, 1979, which is still in existence, and the terms and provisions of said Paragraph III are incorporated herein by reference as though copied verbatim herein; provided, however, service of the sewer lift station and minor maintenance /repairs and, further, major /replacement of pumps, electrical mechanical devices, and force mains shall be performed by CITY on an actual cost basis with reimbursement by the COUNTY within thirty days from date of billing by CITY. With respect to the ordinary water and sewer service, the CITY shall furnish the COUNTY with monthly statements on the normal billing cycle of each month and same shall be due and payable on or before the end of the following month. The CITY shall thereafter have the right to cease treatment of waste water and delivery of potable water under this Agreement by giving the 5 COUNTY ten days written notice by certified mail of failure of the COUNTY to pay for the services billed hereunder. In the event a meter is inoperative for any reason, water use during the ' period of in- operation shall be billed according to the previous months billing. I. General. By entering into this agreement, the CITY does not guarantee or imply that the CITY has the authority to contract for providing these services under the current and /or future rules /regulations of any federal /state agencies. 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. R 1 V. 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. VI. 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. VII. The fact that COUNTY and CITY accept certain responsibilities relating to the 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. VIII. 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 the Agreement dated June 26, 1979 between the parties concerning water and sewer 7 W . v service to other portions of COUNTY'S property. This Agreement may be amended only by written instrument signed by both CITY and COUNTY. IX. 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. 0 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. V. 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. EXECUTED in duplicate originals on the dates written below. COUNTY OF JEFFERSON, TEXAS CITY OF NEDERLAND, TEXAS ta►ls County Judge Date: '90. Nv ?- . 9 d HOMER E. NAGEL, Ma Date: 4W E 1 1 ATTEST: SANDY WILSON, County Clerk APPROVED AS TO FORM AND LEGALITY: ATTEST: LADONNA FLOYD, City Secretary APPROVED AS TO FORM AND LEGALITY: TOM RUGG, County Attorney RICHARD D. HUGHES, City Attorney 1 1 V 1 J vvv CONTRACT This agreement is made and entered into effective the 13th day of April , 1998 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 2. Customer's business is organized as indicated: Corporation Limited Partnership Joint Venture Limited Liability Company General Partnership Sole Proprietorship X Other (describe) Municipality The real property upon which Contractor is to perform work is at the following I 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 c�)� Owner: INITIALS: ' Contractor Custo /m��/f� U 0 1 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 $ 3.935.00 (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 ofr cause of Contractor pror 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, P.O. Box 1668, BEAUMONT, JEFFERSON COUNTY, TEXAS 77704. 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 Custome % i U b , 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 all or any portion 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 perforance 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 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 herein above. CONTRACTOR: Thomas M. Williams, Owner APPLIED GEOLOGICAL TECHNOLOGIES Date: % S� CUSTOMER: City of Nederland V Name: Homer E Nagel Title:Mayor Date: '-1- 13- 9 8 INITIALS: Contractor Customer �'� 083 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 3/23/98 by the TNRCC, To include the following: ► Drill and install one (1) monitor well to a depth of ten (10) feet. ' Submit samples to a TNRCC certified laboratory for analysis. ► Proper disposal of drill cuttings and purge water. ► Re- sampling in the area of Sample 28 taken in 1991. Estimated time for completion of this project: One month from the date of the signing of this contract by both parties. ' INITIALS:'�J' / Contractor Customer _/f^ 084 EXHIBIT C°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): Due and payable upon delivery of updated portions of the Assessment Report Form. TOTAL PROJECT $3,935.00 INITIALS: , Contractor Customer C 085 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 (5600.00) paid not later than May 27, 1998, to the City by the Y.M.C.A., the City will furnish the swimming pool located at Doombos Park, 2400 Avenue H, Nederland, Texas, on weekdays (Monday through Friday) from June 2, 1998 through August 7, 1998. The time periods each weekday shall be from 10:00 a.m. to 12:10 p.m.. The Y.M.C.A. shall use the swimming pool for swimming instructions for their participants. As further consideration, the Y.M.C.A. hereby contracts and agrees to the following: 1. The Y.M.C.A. will pay all instructors; ' 2. The Y.M.C.A. will carry liability insurance, naming the City as loss payee, in at least the minimum amount of 5500,000.00, and hereby agrees to furnish the City 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. The Y.M.C.A. hereby agrees to leave the swimming pool area in as "clean" a condition after each swimming session as it was before each swimming session; . 4. Y.M.C.A. will carry worker's compensation insurance covering claims for damages because of bodily injury, occupational sickness or disease, or death of its employees under any applicable employer's liability law. 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. It is hereby agreed by the parties hereto that the Y.M.C.A. shall have control over all participants and all instructors in the swimming program. The beginning date of this Contract shall be June 2, 1998 and the Contract shall terminate August 7, 1998. Parties hereto agree that the City has no responsibility concerning this contract and the summer swimming program other than furnishing of the swimming pool. 086 Page 2 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. This Contract may not be assigned by the Y.M.C.A. without the express, prior approval of the City. Witness our hands this /3 day of 4 11998. ' CITY OF NEDERLAND MID - COUNTY Y.M.C.A. Homer E. Nagel, Mayor President y oard of irectors ATTEST: ATTEST: LaDonna Floyd, City APPROVED AS TO FORM AND LEGALITY: J��_ 4(14� Richard D. Hughes, City Attorney 9��, Y.M.C.A ecretary � 1 I� AN AMENDMENT TO ORDINANCE NO. 1996 -01 AN AMENDMENT TO ORDINANCE NO. 1996 -01 WHICH ESTABLISHES PRICE PLANS, FACILITY RENTAL FEES, POOL RENTAL /PASSES AND LEAGUE FEES FOR THE NEDERLAND RECREATION CENTER AS SHOWN IN EXHIBIT "A" ATTACHED. WHEREAS, the City Council of the City of Nederland has been presented a schedule of rental fees for the Nederland Recreation Center for its acceptance and adoption, including non - resident price plans, facility rental fees, pool rental /passes and league fees; WHEREAS, the City Council of the City of Nederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the fee schedule for the Nederland Recreation Center as shown in Exhibit "A" attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the schedule of rental fees for the Nederland Recreation Center as shown in Exhibit "A: attached, which is incorporated herein by reference, is hereby approved and adopted. THAT this amendment shall take effect and be in force from and after its passage. PASSED AND APPROVED this /J day of Q4 'l 1998. 1 ATTEST: LaDonna Floyd, City secretary City of Nederland, Texas Homer E. Nagel, Mayor V - City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, 0 ty Attorney City of Nederland, Texas L 087 NON - RESIDENT FEES EVERYONE MUST REGISTER AND SHOW PROOF OF RESIDENCY YOU MUST HAVE A RECREATION IDENTIFICATION CARD Non - Residents Identification Cards $10 , lost card S3 I A card holder (Res. or Non) may bring up to sir guests per visit. Each guest must pay a $5.00 admission fee for the day. Each guest may visit the Rec. Center up to 3 times a year as a guest. After this limit is met, they must purchase an ID card or they may not enter the facility. FACILITY RENTAL FEES Daily Quarle rl Annual 1ISD Students $1.00 $12.00 $24.00 $ 72.00 3thers $5.00 $30.00 $80.00 $200.00 Classroom Monthly Quarte rl Anmral 3oop -N- Spike Club $18.00 $48.00 $120.00 tacquetball Club $18.00 $48.00 $120.00 tacquetball court $2.00/hour per person (Max. 2 hours) FACILITY RENTAL FEES Note: AU activities must be approved by Director Per hour After hours Q?P_0sit Gymnasium (min.2hr.)after hours only Softball $300.00 $17.00 $40.00 Game room after hours only Teams pay officials ( referees, scorekeeper ) $17.00 $20.00 Classroom $10.00 $17.00 $20.00 Lounge $10.00 $17.00 $20.00 Kitchen $ 100 $2.00 $60.00 Pavilions (clean up after use) N/A N/A $50.00 Three or more rooms $37.00 $50.00 Functions exceeding 50 persons will be charged $1.00 per person over 50 Note: AU activities must be approved by Director LEAGUE FEES ' Softball $300.00 Includes Association dues & Official fees Basketball $ 90.00 Teams pay officials ( referees, scorekeeper ) Volleyball $ 40.00 Teams pay officials ( referees, scorekeeper ) Tournaments, Classes & Clinics 80120 split generated income Responsible for security arrangements POOL FEES Private Party Rental ( 2 Hours) Per swimmer Minimum $2.00 $60.00 Season Passes &9k Family o 4 Additional members $65 $125 add $10 per member Daily Admission $2.00 Ages 5 -7 (must be with adult) $1.00 Ages under 5 (must be with adult) Free D ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 27, 1998 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 April 13, 1998 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Mayor Nagel and seconded by Councilman Daughtry to proclaim April 23 -27, 1998 as 'Dutch Market Days" in Nederland. All Voted Aye. Mayor Nagel also presented Jacques Mulders, a representative of the Lions Club Tiel, Holland, with a key to the City and thanked him for the organization's participation in the City's Centennial Celebration. Mr. Mulders, in turn, presented the Mayor with a miniature replica of the Gavioliorgel "De Leeuw" (organ) and copies of compact discs containing the organ music for each of the Council members. PRESENTATIONS Boyce Phillips, District Vice President of BFI, presented a check to the City in the amount of $2,000 to be used for the new library. Following the presentation, a motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the $2,000 donation. All Voted Aye. Carolyn Mot], with the Entergy Team City Program, introduced Richard Cox, Chairman of the Team City Nederland Program, who thanked the City Council for their continued support of the program. Mr. Cox also listed some of the accomplishments made possible by the Team City Program, and presented the Team City Nederland goals for the next two ;ears. Carolyn Motl, Henry Gernhauser, Entergy Customer Service Manager, and members of Team City Nederland presented the Mayor with a plaque redesignating 090 Minutes continued, April 27, 1998 Nederland as a "Team City'. Following the presentation, a motion ' was made by Mayor Nagel and seconded by Councilman Sawyer to accept the plaque and Team City redesignation. All Voted Aye. RECESS The regular meeting was recessed at 6:20 p.m. by Mayor Nagel. RECONVENE The regular meeting was reconvened at 6:30 p.m. by Mayor Nagel. WASTEWATER Rick Bourque, Schaumburg & Polk, Inc., presented the preliminary SYSTEM report on the Sanitary Sewer Evaluation Survey. He also displayed IMPROVEMENTS photographs taken during the television inspection of the interior of the sanitary sewer lines which depict the condition of some of the lines. Mr. Bourque referred to the volumes of data on display which contained the information compiled from the smoke tests and manhole inspections, and discussed the problems which have been identified and the recommended improvements. He added that the final report will be presented at the May 18, 1998 Council meeting. I WATER & Gary Graham, Schaumburg & Polk, Inc., stated that City had obtained SEWER their services to perform a feasibility study for extending water and sewer to the newly annexed area (a copy of which was provided to the Council). Mr. Graham reported that the existing water facilities in this area would need to be supplemented in order to provide adequate fire protection to the area. He added that a new sewer system would have to be constructed for the area west of Highway 69. The total estimated cost for the water and sewer improvements, including inspection, is approximately $1,700,000. Mr. Graham confirmed that these improvements would help to alleviate water and sewer problems over the entire City. Mr. Wimer added that the City was awaiting approval of the CCN from the TNRCC and that no authorization should be given for the actual design work until that approval is received. DILAPIDATED Andre Wimer, City Manager, stated that the Council had been pro - STRUCTURES vided with a list of dilapidated structures. He added that the owners of the properties had been notified of the unsafe condition of their ' property, the proper notices had been published in the newspaper, and the owners had been notified of the Council meeting. Mr. Wimer (JAI Minutes continued, April 27, 1998 also explained that work has recently been initiated on two (2) of the six (6) structures (421 S. Hwy. 69 and 715 14`h Street) and, therefore, he suggested that action be postponed on these two (2) properties until the June 8 Council meeting. Following discussion, a motion was made by Mayor Nagel and seconded by Councilman Sawyer to declare the structures at 2111 Queens, 1816 21" Street, 1825 2151 Street, and 408 4th Street as unsafe and authorize their removal contingent upon the City Attorney's approval. All Voted Aye. CONTRACTS/ A motion was made by Councilman Nugent and seconded by Council - AGREEMENTS man Radcliff to approve a contract with M.P. Clinic, Inc. dba Tower Medical Center for drug testing services. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve a contract with Don S. Reichle & Associates in an amount to range from $15,000 to $18,000, with a not -to- exceed amount of $21,000, for the repair and painting of the S. 5`h Street elevated water tank. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve an agreement with Consolidated Financial Resources, Inc. in the amount of $64,672.00 for the lease- purchase of two (2) dump trucks for the Public Works Department, contingent upon the City Attorney's approval. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bid for repair work on the S. 5th Street water storage tank to A -Way Service, Inc. in the amount of $118,800.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to award bid for asbestos removal at the old water treatment plant to ECO Environmental, Inc. in the amount of $16,773.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the advertisement of bids for the demolition of dilapidated structures at 2111 Queens, 1816 2151 Street, 1825 215` Street, and 408 4`h Street to be received June 2, 1998 at 1:00 p.m. All Voted Aye. 092 Minutes continued, April 27, 1998 A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize the advertisement of bids for employee uniforms to be received June 2, 1998 at 1:30 p.m. All Voted Aye. ORDINANCE A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the amendment to Ordinance No. 164, setting regular dates for Council meetings to be held from May 5, 1998 through April 26, 1999. All Voted Aye. FIRE A motion was made by Councilman Sawyer and seconded by PROTECTION Councilman Radcliff to authorize the issuance of a notice to Jefferson County for the termination of the contract for fire protection services effective 6- 30 -98. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve payment Larry's Construction in the amount of $32,239.80 for sewer line replacement. All Voted Aye. ' A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Norman Highway Constructors, Inc. in the amount of $29,071.80 for Atlanta Avenue /2nd Street area water distribution system improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Schaumburg 8, Polk, Inc. in the amount of $3,875.30 for wastewater treatment plant improvements; and $13,968.68 for Sanitary Sewer Evaluation Survey. All Voted Aye. 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 551.074, discuss personnel: City Manager, Fire Chief; Chapter 551.072, discuss acquisition, exchange, and /or release of property; and Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Entergy rate case; and Southern Union Gas rate case. F 1 1 1 Minutes continued, April 27, 1998 RECONVENE The regular meeting was reconvened at 8:45 p.m. by Mayor Nagel. He announced that the Executive Session was for informational purposes only. OFFICIALS' Andre' Wimer, City Manager, stated that he had received confirmation COMMENTS that the City had been approved for a grant for a police officer. Mr. Wimer informed the Council that a City dump truck had caught fire on Friday, April 24, 1998. Councilman Nugent reminded Mr. Wimer that there is a City truck without a City emblem. ADJOURN There being no further business the meeting was adjourned at 8:50 p.m. by Mayor Nagel. ATTEST: Lois Coco, Acting City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 093 t19 4 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 V, 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 (Q ) Date a 7- 9S L" +095 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 v-P'7 day of ( , 1998. M. P. CLINIC, INC., d/b /a/ TOWER MEDICAL CENTER By: Its: ATTEST: CITY OF NEDERLAND, TEXAS UZ416d By' Its: ' 1 EXHIBIT "A" 097 AGREEMENT FOR SERVICES 5 \97 EMPLOYER: City of Nederland SUBJECT: substance Abuse Screening Program Terser Medical Center of Nederland agrees to offer a one call, full service drug and alcohol testing program to the City of Nederland employee. Description of Integrated services and fees shall be as listed: DOT Drug Screen 24.50 MRO (Medical Review Officer) Review and consultation with the applicant/ employee regarding his /her test results 10.00 Non -DOT Drug Screen w /confirmation 23.00 ALCOHOL TEST (a(±ninistered at Toa;er Medical Center of Nederland using PBA3000 Breath Analyzer) Alcohol detections of 0.2S or greater will be automatically conformed by a second test. This is a calibrated breath analyzer approved by the Department of Transportation (DOT), and the results are evidential. 17.00 RECORD::EEPING /RETENTION (Annual Fee) Includes a quarterly and annual report as required by DOT 100.00 RANDOM GENERATION, An alpha /numerically generated list of employees for your company's random drug testing program currently'is in place. Adcii ti ons and /or deletions to the current list; a flat fee will be assessed 5.00 Each randcm pull (monthly fee) 25.00 UZJ0 ENGINEERING SERVICES AGREEMENT THIS AGREEMENT made this b2l day of 4210 Ail , 1998, 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 III CONSTRUCTION MONITORING ON THE CITY'S 5TH STREET ELEVATED WATER TANK WHEREAS, the ENGINEER has submitted a proposal for the aforesaid engineering work dated April 14, 1998, signed by Randy S. Reichle , (copy attached) the terms and conditions of said proposal are satisfactory to the CLIENT, as to Phase III Work only, according to 1998 Standard Schedule of Fees, (copy attached). 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, 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. DON S. REICHLE & ASSOCIATES r eEAMIOfiT, TEXAS _r. 1 1 1 01313 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 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. 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 Tent \_alb /LA� By 1 i�t9r' Title ATTEST: DONS REICHLE & ASSOCIATES For � (Engineer) 1 = 'l� By uL1+ —tZ`o� PROJECT COORDINATOR Title 100 M.T.MUN DON S. REICHLE & ASSOCIATES Beaumont, Port Arthur & Rio Grande Valley, Texas STANDARD SCHEDULE OF FEES FOR LONG -TERM ASSIGNMENTS Rates Applicable January 1, 1998 through December 31, 1998 PROJECT NO. 3941 –III CLIENT: City of Nederland LOCATION: Nederiar.d, TX Shoot 1 of 2 PROJECT: B=in; & Fain .iry_of 5th St. Elevated Water Tank DATE: April 14, 1998 The following billing rates are applicable on cost reimbursable type projects to cover salaries and expenses for all Long -Term Assignment Work (other than Lump Sum fee work) and are based on the following: All rates (both office and field) include direct salaries, payroll burdens, federal taxes, state taxes (where applicable), office overheads (rent, utilities, furniture and equipment), company benefits, normal workman's compensation, employer's liability insurance, comprehensive general liability insurance, local telephone, and profit. Also included in rates are all specialized equipment normally used in tank consulting work such as photo equipment, survey instruments, coating testing equipment (thickness gages, holiday detectors, adhesion test kit, etc.), ultrasonic thickness gages, normal rigging, personnel safety equipment, etc. Excluded are highly specialized testing equipment including, but not limited to, the furnishing or rental of x -ray or gamma -ray equipment, ultrasonic, magnetic particle, dye - penetrant testing equipment, other non - destructive type testing equipment, destructive type testing equipment, special scaffolding, and special rigging. 2. Office time will be charged at actual hours worked. Field time will be charged for actual hours worked with a minimum of four (4) hours each day worked, including travel to and from jobsite from our Beaumont, Port Arthur, Rio Grande Valley offices or employee's home, whichever is less. 3. Overtime for draftsmen, technicians, inspectors, technologists, project coordinators and other hourly wage personnel will be charged at the billing rates shown plus fifty (50 %) for all time over eight (8) hours in any one working day or anytime on Saturdays, Sundays, or holidays. 4. Outside services by other consultants, technical services, testing labs, computer services, machine time, and the rental of specialized equipment (as mentioned in item 1 above) for accomplishment of the project will be charged at cost plus fifteen percent (15%). 5. Duplicating will be charged at 30d per copy (letter and legal size). Reproduction work such as drawings, reports (excluding photographs), and specifications will be charged at invoiced cost plus fifteen percent (15 %). 6. Photographs and video tapes will be charged as follows: Regular Prints (First Set) Mounted and Labeled--------- - - - - -$ 3.50 Per Print Additional Sets of Prints Mounted and Labeled-------------- - - - - -$ 2.00 Per Print Regular Prints (First Set) Unmounted - -- - - - - -- $ 2.00 Per Print Additional Sets of Prints Unmounted--- - - - - -- - - - - -$ 1.00 Per Print 5 x 7 Enlargements - - - -- —$ 7.00 Each 8 x 10 Enlargements------- - - - - -- -- - - -- $12.50 Each Video Reproduction ------------ - - - - -- - - - - -- $35.00 Per Tape DON S. REICHLE &ASSOCIATES BEAUMOM, TEXAS lot AN AMENDMENT TO ORDINANCE NO. 164 ' AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 5, 1998 THROUGH APRIL 26, 1999. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 3:00 p.m. on each of the following dates: May 5, 1998 June 8, 1998 July 13, 1998 August 10, 1998 September 14, 1998 October 5, 1998 November 9, 1998 December 7, 1998 January 11, 1999 February 8, 1999 March 8, 1999 April 12, 1999 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: May 18, 1998 June 22, 1998 July 27, 1998 August 24, 1998 September 28, 1998 October 19, 1998 November 23, 1998 December 14, 1998 January 25, 1999 February 22, 1999 March 22, 1999 April 26, 1999 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 thelL day of April, 1998, 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 102 REGULAR MEETING OF THE CITY COUNCIL OF THE , CITY OF NEDERLAND 3:00 p.m. May 5, 1998 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 April 27, 1998 meeting as written. All Voted Aye. ELECTION The General Election returns were canvassed as follows: Candidate Early Voting Election Day Total , Homer E. Nagel Mayor 45 98 143 Joe Daughtry Council Ward II 38 83 121 R. A. "Dick" Nugent Council Ward IV 38 80 118 LaDonna Floyd, City Secretary, administered the Oath of Office to Homer Nagel, Mayor; Joe Daughtry, Councilman Ward II; and, R. A. "Dick" Nugent, Councilman Ward IV. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve Resolution 1998 -10, canvassing the election returns of the Special Election, total votes received were 114 "For" and 73 "Against'. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment of the election officials in the amount of , $228.00, in accordance with Texas Election Code, Section 3.08. All Voted Aye. 103 Minutes continued, May 5, 1998 A motion was made by Mayor Nagel and seconded by Councilman Sawyer to appoint Mike Radcliff, Councilman Ward III, as the Mayor pro tempore in accordance with Section 3.07 of the City Charter. All Voted Aye. BIDS A motion was made by Councilman Nugent and seconded by Councilman Sawyer to award bids received for three (3) pickup trucks for the Public Works Department as follows: two (2) compact trucks to J.K. Chevrolet, Nederland, TX, in the amount of $27,932.00; and, one (1)'/ ton pickup to HGAC in the amount of $15,579.88. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the advertisement of bids for one (1) zero turning radius lawnmower for the Parks Department. All Voted Aye. WATER TREAT- A motion was made by Mayor Nagel and seconded by Councilman MENT PLANT Nugent to authorize electrical work at the old Water Treatment Plant by Miller Electric, Nederland, TX in the amount of $9,741.00. All Voted Aye. POLICIES/ A motion was made by Mayor Nagel and seconded by Councilman PROCEDURES Sawyer to approve amending the Safety Policy. All 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 $1,325.00, water and sewer in newly annexed area. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Texas Department of Transportation in the amount of $117,570.58, Nederland Avenue rehabilitation. 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 April. All Voted Aye. 104 Minutes continued, May 5, 1998 EXECUTIVE The regular meeting was recessed at 3:35 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551,074, consider grievance of Dwayne Bore]; Chapter 551.072, discuss acquisition, exchange, and /or release of property; and, Chapter 551.071, Robert Millerv. City of Nederland; Louis Hernandez v. City of Nederland; Entergy Rate Case; and, Southern Union Gas Rate Case. All Voted Aye. RECONVENE The regular meeting was reconvened at 4:55 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. Mayor Nagel added that Dwayne Borel withdrew his grievance. OFFICIALS' Andre Wimer, City Manager, reported that Larry's Construction is close COMMENTS to completing the sewer line replacement project. The City Manager stated that the City crews have begun work on the street repairs of Hilldale. Mr. Wimer also reported that the Nederland Volunteer Fire , Department applied for a grant to be used for the purchase of fire prevention equipment. He added that they did receive $2,300.00 from Allstate Insurance Foundation. ADJOURN There being for further business the meeting was adjourned at 5:00 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas ' Ll 105 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 i 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 ✓ uz � Mayor City Secretary S" -S -1� Date 106 1 CITY OF NEDERLAND RESOLUTION 1998 -10 WHEREAS, the City Council of the City of Nederland, Texas (the "City') duly authorized an election to be held within the City on May 2, 1998, for the purpose of submitting to the resident qualified electors of the City an amendment to the Home Rule Charter of the City of Nederland; WHEREAS, the City Council has investigated all matters pertaining to said election; and WHEREAS, the election officers who held said election have duly made the returns of the results thereof, and said returns have been duly delivered to this City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Findings It is officially found and determined that said election was duly ordered, that proper notice thereof was duly given, that proper election officers were duly appointed prior to said election, that said election was duly and lawfully held, that due returns of the result of said election have been made and delivered, and that this City Council has duly canvassed said returns, all in accordance with law and the Order Calling Election. Section 2. Results Declared It is officially found and determined that the following votes were cast at said election on the submitted charter amendment by the resident qualified electors of the City who voted at said election: PROPOSITION "Where the negotiation of a collective bargaining agreement between the City of Nederland and the Nederland Fire Fighters' Association recognized as the exclusive bargaining agent for the City's fire fighters results in an impasse, the City shall, upon request by the Association made under TEXAS LOCAL GOVERNMENT CODE 174.153, agree to submit collective bargaining issues in dispute to binding interest arbitration in accordance with the provisions of TEXAS LOCAL GOVERNMENT CODE Chapter 174, Subchapter E." 114 VOTES FOR 73 VOTES AGAINST 187 TOTAL VOTES CAST and that the Proposition was approved by 41 votes. Section 3. Public Meeting It is officially found, determined, and declared that the meeting at which this Resolution has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Resolution, was given as required by the applicable provisions of Texas Government Code, Chapter 551. 1 PASSED AND APPROVED this the S- day of , 1998. ° Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: _ J, ad"d LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att ney City of Nederland, Texas 1 1 10& SAFETY POLICY AND PROCEDURE MANUAL SUGGESTIONS FOR REVIEW AND UPDATE , MARCH, 1998 SAFETY RESPONSIBILITY SECTION 1 1.8 Employees As an integral portion of the Safety Policy and Procedure Manual, employees also maintain responsibility for the prevention of accidents. These responsibilities shall include the following: 1.8.1 Attend and participate in safety training programs. 1.8.2 Obey all safety rules and practices and become familiar with safety procedures which are to be followed in the performance of job assignments. 1.8.3 Follow instructions. If any doubt exists regarding the operation of equipment and/or the performance of a job assignment, request instructions from the supervisor. 1.8.4 Use all safety devices provided both for the employee's protection and the public's safety. 1.8.5 Wear suitable clothing and footwear at all times. Personal protective equipment will be worn whenever needed. 1.8.6 Properly maintain and utilize equipment to ensure safe operation. 1.8.7 Correct all unsafe conditions and equipment, if possible, or report to supervisor. 1.8.8 Keep work areas clean and orderly, and eliminate any dangers in the work area. 1.8.9 Avoid distracting other employees, practical jokes, and horseplay. 1.8.10 No employee shall be permitted to work while the employee's ability or alertness is so impaired by fatigue, illness, or other causes that it might expose the employee or others to injury. 1.8.11 Report accidents to the supervisor. 1.8.12 Report all injuries to the supervisor. 1.8.13 The condition of the injured employee should be immediately communicated to the supervisor so that the supervisor can evaluate the situation If the supervisor is not available to evaluate the situation, proceed with obtaining proper medical care An employee who sustains a bon -a -fide. on -the job. work related injury may see k medical attention from the medical -facility or professional of his or her choice Options include, but are not limited to, summons of EMS to respond to evaluate condition of injured employee and to transport employee to appropriate medical facility transport by private vehicle to the Ct:U physician employee's personal physician, a medical clinic, or an emergency room 1� PERSONAL PROTECTIVE EQUIPMENT ISECTION 8 8.1 General 8.1.1 Ears: Hearing conservation devices will be provided and worn by employees working in areas where a danger of noise exposure exceeds safe limits. 8.1.2 Eye and face: Eye and face protective equipment will be provided and used by employees when machines or operations present potential eye and face injury from physical, chemical, or radiation agents. 8.1.3 Respirator protection: Respiratory protective devices will be provided and used by employees when working in atmosphere immediately dangerous to life and health or where there is an immediate threat of severe exposure to contaminants which are likely to have an adverse delayed effect on the health of the employee. 8.1.4 Hands: Issued or employee purchased protective gloves should be worn by employees when worksite operations could cause injury to the hands. Employees are encouraged to remove rings from fingers when exposed to known hand hazards as well as during other duty tines to prevent exposure to unanticipated hazards ' 8.1.5 High visibility warning outer garments: Issued or employee purchased outer garments marked with or made from reflectorized or high visibility material should be used by employees when exposed to vehicular traffic on alleys, roads, streets, or highways. 8.1.6 Safety belts, lifelines, and lanyards: Issued or employee purchased safety belts, lifelines, and lanyards should be used by employees when working in an overhead position which may require use of both hands and when there is a danger of falling. 8.1.7 Special protective clothing or protective devices - general: All special protective clothing or protective devices shall be used by employees where departmental or division supervisor or foreman require their use. 8.1.8 Field employees will be required to wear full length pants, socks, shirts with sleeves and a tail capable of being tucked into pants, and footwear. Sandals and tennis or athletic style footwear composed of cloth type material are prohibited. Appropriate footwear composed of a solid material shall be worn when working where equipment operation, movement of heavy materials, or construction situations could cause injury to the feet. 1 lfl�) 110 CITY MOTOR VEHICLE OPERATIONS SECTION 19 19.2 Reporting Fleet Accidents 19.2.1 Any employee operative a City vehicle who is involved in an accident should immediately stop the vehicle at the scene of the accident or as close to the scene of the accident without obstructing tra %fic more than is necessary. The operator and other persons involved should remain at the scene of the accident until the police are notified and arrive at the scene, unless medical care is required. (Amend numbering) 19.2.1 Employees shall report all vehicle accidents as required by Federal, State and local law. All accidents must be reported to the police department. 19.2.2 If involved in an accident, notify your supervisor immediately. Make no admission .of fault or negligence to bystanders or persons involved with the accident. 19.2.3 Your first duty is to help the injured. Do not attempt anything beyond making the injured comfortable and providing emergency first aid. Send someone for medical help or call 9 -1 -1. 19.2.4 Notify the fire department if fuel or other flammable materials has spilled. 19.2.5 The employee involved in the accident should ask the investigating police department to take photographs, if able. 1 X11 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 18, 1998 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 Daughtry to approve the minutes of the May 5, 1998 meeting as written. All Voted Aye. PRESENTATIONS Mark Domingue, Nederland Rotary Club, presented a check in the amount of $8,500.00 to the City to be used at the new Marion and Ed Hughes Library. Mayor Nagel, on behalf of the Council, city staff, and citizens, thanked Mr. Domingue and the Nederland Rotary Club for their generous donation. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to accept the donation of $8,500.00 from the Nederland Rotary Club. All Voted Aye. Members of the Nederland -Port Neches Evening Optimist Club presented a "Respect for Law Award" to the Mid County Municipal League Central Dispatchers for their assistance in keeping our community safe. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to accept the "Respect for Law Award" as presented by the Nederland -Port Neches Evening Optimist Club. All Voted Aye. Kelly Galloway, Assistant to the City Manager, introduced Danielle Finkley and Cecilia Medrano, who were selected to work for the City through the Enterprising Stars Youth Work Program. This program is funded by Star Enterprise. Sue Parsley, Star Enterprise, congratulated the girls on being selected. Mrs. Parsley added that all the area cities will be participating in the program. 112 Minutes continued, May 18, 1998 PROCLAMATION Mayor Nagel presented a proclamation to representatives of I American Medical Response declaring May 17 -23, 1998 as "Emergency Medical Services Week" in Nederland. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to approve a proclamation declaring May 17 -23, 1998 as "Emergency Medical Services Week" in Nederland, Texas. All Voted Aye. Representatives from the Coast Guard and the Auxiliary were present to receive a proclamation from Mayor Nagel declaring May 16 -22, 1998 as "National Safe Boating Week" in Nederland. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve a proclamation declaring May 16 -22, 1998 as "National Safe Boating Week" in Nederland, Texas. All Voted Aye. Mayor Nagel presented a proclamation to Billy Neal, Emergency Management Coordinator, declaring May 24 -30, 1998 as "Hurricane Awareness Week" in Nederland. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve a proclamation declaring May 24 -30, 1998 as "Hurricane Awareness Week" in Nederland, Texas. All Voted Aye. At this time Mayor Nagel read a proclamation declaring May 18, 1998 as "Jon Huntsman Day" in Nederland, Texas. Mr. Huntsman and his family have generously offered to fund cancer screening tests for all males over the age of 40 and all females over the age of 35 in Jefferson County. REQUESTS Andre' Wimer, City Manager, stated that he was contacted by Claudette Guillory, pastor of High Praise Christian Center, 1920 -19th Street, regarding the removal of "No Parking" signs along the Seattle Avenue side of their church. They are having difficulty parking their church bus along 19`h Street and wish to park it on Seattle. Mr. Wimer added that if the Council would be willing to remove the signs he will place this on the next agenda. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve the request from High Praise Christian Center regarding removal of "No Parking" signs on the south side of Seattle for 140' east of 19`h Street and to place an Amendment to Ordinance No. 107 on the next agenda authorizing the removal. All Voted Aye. Minutes continued, May 18, 1998 Carlos Gonzales, 3003 Avenue "A ", addressed the Council relative to his being able to lease, with option to buy, City property located at Hardy and Avenue "A ". A water storage tank was once located on the property and the City has recently removed the remaining portions of the structure. Mr. Gonzales stated that if he is permitted to lease the property he will maintain and mow the site. He intends to build a garage in his back yard and needs this property for access. Richard Hughes, City Attorney, stated that he does not feel comfortable with the City leasing property to an individual. Mayor Nagel suggested that Mr. Gonzales proceed with his plans to construct the garage and added that he did not feel there would be a problem for him to drive across the lot to his property. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone the request from Carlos Gonzales, 3003 Avenue "A ", regarding the leasing of City property. All Voted Aye. Leroy Tompkins, 718 Carriage Lane, addressed the Council relative to payback to developers for Carriage Estates. Mr. Tompkins feels that, in accordance with the payback contract, that he has not been receiving the correct amount each year. He issued a check in the amount of $52,727.75 in 1983 to pay all expenses for water and sewer, plus 6% for engineering fees. The City's policy was to payback to the developers 1/2 of water and sewer fees collected from residents, not to exceed 20 years. Mr. Tompkins spoke with Mrs. Dowden, City Treasurer, and they did discover that 13 homes had been left off the payback list. He feels that these houses have been omitted anywhere from eight to thirty -six months. Andre' Wimer, City Manager, stated that Council meeting minutes of February 28, 1984 indicated that $46,602.33 was approved for payback to Mr. Tompkins. Mayor Nagel informed Mr. Tompkins that the City will continue to research their records adding that he should receive all the monies owed to him. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to postpone a request from Leroy Tompkins, 718 Carriage Lane, regarding payback to developers for Carriage Estates. All Voted Aye. 113 1 1 4 Minutes continued, May 18, 1998 SANITARY Rick Bourque, Schaumburg & Polk, Inc., briefly reviewed the final SEWER Sanitary Sewer Evaluation Survey. He stated that by July 1998 they EVALUATION will make a recommended schedule for maintenance and SURVEY rehabilitation. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to adopt the Sanitary Sewer Evaluation Survey as presented. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the advertisement of bids for demolition of structures at the Wastewater Treatment Plant, old Water Treatment Plant, and Imhoff tank. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for library furniture as follows: steel shelving - Cultural Surround ings/Worden, Dallas, TX, in the amount of $53,707.27; and, furniture - Montel /ILF, Melbourne, FL, in the amount of $18,549.05. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by Mayor ' AGREEMENTS Nagel to approve renewal of a contract with Plan 21, Employee Assistance Program. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve a contract with Library Oriented Services /Hallett & Sons, Denham Springs, LA, for moving contents of the library, in the amount of $6,300.00. All Voted Aye. LIBRARY A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the submission of a grant application to the Chase Bank of Texas for the library. All Voted Aye. FINANCE Cheryl Dowden, City Treasurer, presented the Quarterly Investment Report for the first quarter of 1998. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to accept the Quarterly Investment Report as presented. All Voted Aye. I Minutes continued, May 18, 1998 PROPERTY A motion was made by Councilman Sawyer and seconded by Mayor Nagel to declare old water and sewer parts as surplus and authorize their disposal. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment to Schaumburg & Polk, Inc. as follows: $1,443.44, wastewater plant improvements; $6,376.34, water and sewer in newly annexed area; and, $16,262.81, Sanitary Sewer Evaluation Survey. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:35 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, and /or release of property; and, Chapter 551.071, Robert Miller v. City of Nederland, Louis Hernandez v. City of Nederland, Entergy Rate Case, and Southern Union Gas Rate Case. RECONVENE The regular meeting was reconvened at 7:46 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. COMMENTS Andre' Wimer, City Manager, reported that the City's team in the recent American Cancer Society's Relay for Life won a plaque for the most money raised and came in 2 "d Place for most laps walked. The team raised over $2,800. Mr. Wimer stated that TxDOT has awarded the bid for the Nederland Avenue rehabilitation to Bomac and the project is expected to begin in June. He added that work on the South 5' Street water tower should begin soon. Mr. Wimer also informed the Council that the Fire Department sprayed the roof of the new library to check for leaks and a few were detected and should be repaired soon. The City Manager stated that the asbestos removal project at the old Water Treatment Plant is progressing on schedule. 1 1. 5 Minutes continued, May 18, 1998 ADJOURN There being no further business the meeting was adjourned at 8:00 I p.m. by Mayor Nagel. Homer E. Nagel, Mayor T City of Nederland, Texas ATTEST: LaDonna Floyd, City S cretary City of Nederland, Texas 11 1 n a � 7 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE 1PRESENT 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 CA�� City Secretary S-4 Date Its FIRST AMENDMENT AND SECOND RENEWAL TO EMPLOYEE ASSISTANCE PLAN AGREEMENT This FIRST AMENDMENT TO EMPLOYEE ASSISTANCE PLAN AGREEMENT (the "Agreement ") is entered into effective as of July 1, 1998 by and between Plan 21, Incorporated, a Texas corporation ( "Plan 21 ") and the City of Nederland ( "City "). WITNESSETH: I. Recitals WHEREAS, Plan 21 and City have entered into that certain Employee Assistance Plan Agreement (the "Agreement ") effective as of July 1, 1996. WHEREAS, pursuant to the Agreement, the City agrees to participate in Plan 21's Employee Assistance Program. WHEREAS, Plan 21 and the City desire to renew and amend the Agreement by modifying certain provisions contained therein. I NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, Plan 21 and the City hereby agree that the Agreement shall be amended as follows: II. Amendment A. Article I. is hereby amended as follows: 1. By deleting "$9.30" in the definition of "Contract Administrative Charge" and inserting `115.30" in its place effective July 1, 1998. III. Renewal The original Agreement, as amended herein, is renewed for the year beginning on July 1, 1998. The Amendment shall become effective July 1, 1998. IN WITNESS WHEREOF, Plan 21 and the City have executed this Amendment effective as of the 18th day of May 1998. Plan 21 Plan 21, Incorporated By: /I. Name: tephen N. Luppino Title: Chief Operating Officer City of Nederland By :I Name: Homer E. Nagel —� Title: Mavor Attest: hAmisc\nederamd.doc t 119 120 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. June 8, 1998 MINUTES 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 18, 1998 meeting as written. All Voted Aye. RECOGNITION Mayor Nagel recognized David Parsons, Central Middle School, for being the first place winner for TML Region 16 in the Texas Municipal League's "If l Were Mayor, 1 Would ... "essay contest. He will automatically be entered into the state wide competition. FIRE A motion was made by Mayor Nagel and seconded by Councilman DEPARTMENT Nugent to accept the donation from Unocal in the amount of $2,150.00 to be used for equipment for the Fire Rescue Team. All Voted Aye. REQUEST Rick Williams, Nederland Chamber of Commerce Director, addressed Council relative to obtaining a waiver of fees for the use of the Doornbos Park softball field for an upcoming regional tournament being sponsored by the Nederland Girls ASA Softball League. Mr. Williams stated that the league is expecting 24 teams with a minimum of 14 players per team. He is making the request on behalf of the Chamber. If the tournament is forced to use fields in Beaumont they are afraid many of the dollars that would have been spent in Nederland will be spent in Beaumont. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to waive the fees for the use of the softball field at Doornbos Park for the Girls ASA Softball Tournament. All Voted Aye. Minutes continued, June 8, 1998 FIRE Peggy Nash, on behalf of the Allstate Insurance Foundation, $ DEPARTMENT presented a check in the amount of $2,500.00 to the City for fire prevention activities. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the donation in the amount of $2,500.00 from the Allstate Insurance Foundation. All Voted Aye. RECESS The regular meeting was recessed at 3:30 p.m. by Mayor Nagel. RECONVENE The regular meeting was reconvened at 3:35 p.m. by Mayor Nagel. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve an Amendment to Ordinance No. 107, removing "No Parking" signs on the south side of Seattle from 19`h Street east 140'. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1998 -11, nominating an area as an Enterprise Zone as requested by C & D Robotics, Inc. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve Resolution 1998 -12, opposition to water transfer. All Voted Aye. CONTRACTS/ A motion was made by Councilman Nugent and seconded by Mayor AGREEMENTS Nagel to approve the disbursement of funds for the repairs and painting of South 5`h Street elevated water storage tank to Contractor Disbursement Service, Inc. All Voted Aye. WATER TREAT- A motion was made by Mayor Nagel and seconded by Councilman MENT PLANT Nugent to approve an amendment to the contract with Safety, Inc. for asbestos removal at the old Water Treatment Plant, for an estimated $2,605.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize staff to negotiate an agreement for asbestos removal at the old Water Treatment Plant. All Voted Aye. 1121 122 Minutes continued, June 8, 1998 BIDS A motion was made by Councilman Radcliff and seconded by Mayor Nagel to authorize the advertisement of bids for wastewater improvements in Wagner Addition. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the advertisement of bids for street materials. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to award bids received for employee uniforms to G & K Services, Houston, TX, in the amount of $8.00 /week/employee. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bids received for one zero turning radius mower to Cypress Lawn & Turf Equipment, Cypress, TX, in the amount of $8,369.00. All Voted Aye. GRANTS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the submission of a Solid Waste Grant application to the South East Texas Regional Planning Commission. All Voted Aye. WATER UTILITIES Andre' Wimer, City Manager, gave a brief update on the status of Newton & Company's water bill. Newton & Company is the private water company that services the recently annexed area, as well as others in the Beauxart Gardens area. They purchase their water from the City. The first situation in which they became delinquent was in February 1997. They were sent a past due notice in March 1998 showing a balance of $20,900.80. The City did receive a partial payment a few days later, with the remaining $9,000.00 paid on May 8. Another past due notice was sent on May 14 in the amount of $11,145.00, and their regular bill was mailed on May 27 in the amount of $8,169.50. Mr. Wimer stated that he wanted to keep the Council aware of the recurring problem with Newton & Company. PAYMENTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to T & N Laboratories, Inc. in the amount of $1,500.00, Smith Road rehabilitation. All Voted Aye. , A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Eco Environmental, Inc. in the amount of $16,773.00, asbestos abatement at old Water Treatment Plant. All Voted Aye. Minutes continued, June 8, 1998 A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment of the bills for the month of May, 1998. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman SESSION Sawyer to postpone the Executive Session. All Voted Aye. COMMENTS Andre' Wimer, City Manager, reported that Council appointees will appear on the next agenda. At this time it appears that a new member to the Planning and Zoning Commission will need to be appointed from Ward III, and to the Zoning Board of Appeals from Ward II. Rebecca Caddy and JoAnn Rienstra will be unable to continue serving on these boards. Mr. Wimer informed the Council that a schedule for the SSES will be on the July 13 agenda. Richard Hughes, City Attorney, stated that he felt the item acted on previously regarding waiving the fees for the use of the softball field should probably be done by amending the fee ordinance. He added that he felt the item was not properly worded on this agenda, therefore, to further clarify the intent we should place the amendment on the next agenda to allow for the Council to waive fees. Councilman Nugent informed the Council that he has received some calls from Mr. Williamson who resides in the newly annexed area regarding the operation of a business in his neighborhood. He informed Mr. Williamson that all business activities in the annexed area were grandfathered in the annexation proceedings. ADJOURN There being no further business the meeting was adjourned at 4:45 p.m. by Mayor Nagel. �omerEl, Mayor City of Nederland, Texas ATTEST: D QDonna Floyd, Ci y Secretary City of Nederland, Texas 123 1r- q 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 CAL,, �'4 City Secretary Lo- 8 -Rg Date I1 AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is 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 is hereby amended by adding the following language: ARTICLE VII. SECTION 97 - NO PARKING No Parking signs along the south side of Seattle Avenue from 19th Street east 140' shall be removed. Parking shall be allowed along this section of Seattle Avenue. PASSED AND APPROVED Y THE CITY COUNCIL of the City of Nederland, Texas this the 3 day of WILL , 1998. Homer E. Nagel, Mayor (7 City of Nederland, Texas ATTEST: OuVoMna.. �atic� LaDohna Floyd, City S cretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cit Attorney City of Nederland, Texas 1 12 F) CITY OF NEDERLAND RESOLUTION 1998 -11 A RESOLUTION DECLARING THAT THE CITY OF NEDERLAND, TEXAS (THE "CITY ") COMMITS TO NOMINATE C & D ROBOTICS, INC., A "QUALIFIED BUSI- NESS" AS DEFINED BY THE TEXAS ENTERPRISE ZONE ACT, SECTION 2303.401(a), TEXAS GOVERNMENT CODE (THE "ACT "), FOR THE PURPOSE OF APPLYING TO THE TEXAS DEPARTMENT OF COMMERCE ( "COMMERCE ") AND THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS ( "COMPTROLLER ") TO RECEIVE A ONE -TIME STATE SALES TAX REFUND AS AUTHORIZED BY SECTION 151.431, TEXAS TAX CODE (THE "TAX CODE "). WHEREAS, Commerce designated the City of Nederland's Enterprise Zone (the "Zone ") on January 9, 1998; and, WHEREAS, the City desires 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, the Tax Code allows that during each calendar year, no more than three (3) qualified businesses may be nominated to Commerce among all enterprise zones within the City's jurisdiction for the purpose of receiving a one -time refund of $5,000 in state sales taxes; and, WHEREAS, C & D Robotics, Inc, is wholly located within the Zone and has committed to retain at least ten (10) jobs and the jobs provided employment of at least 1,820 hours over a one year period beginning February 1, 1998 and ending January 31, 1999; and, WHEREAS, at the end of the year period, or at which time as C & D Robotics, Inc. can prove it is a qualified business as defined by the Act and retained at least ten (10) jobs held by qualified employees that worked at least 1,820 hours since February 1, 1998 and that at least 25 percent of the new employees hired to fill jobs vacated by the employees occupying the ten (10) retained positions are economically disadvantaged or residents of the BeaumonUNederland /Jefferson County Enterprise Zone, No. EZ -239- 010998 -BNJC, Commerce may certify to the Comptroller that C & D Robotics, Inc. is a qualified business eligible to receive a one -time state sales tax refund available through the Enterprise Zone Program; and, WHEREAS, the City nominates C & D Robotics, Inc. as the first of three qualified businesses allowed by the Act to be eligible for a one -time state sales tax refund during the calendar year 1999 on the grounds that it will create economic activity and stability in the zone; and, WHEREAS, the City finds that it is in the best interest of the City to nominate C & D Robotics, Inc. as a qualified business pursuant to the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. 1 Section 2: That C & D Robotics, Inc. is nominated a qualified business as defined in Section 2303.401(a) of the Act. Section 3: That the nomination period shall be in effect from February 1, 1998 to January 31, 1999. PASSED AND APPROVED by the City Council of the City of Nederland this the 8 day of 1998. Homer E. Nagel, Mayor v- c City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, ity Attorney City of Nederland, Texas J 127 9u CITY OF NEDERLAND , RESOLUTION 1998 -12 WHEREAS, the Texas Water Development Board, in accordance with Senate Bill 1, has appointed regional committees to develop a State -wide water plan; and WHEREAS, it is anticipated that certain areas of the State will have water needs in excess of their projected supply; and WHEREAS, one (1) of the options being considered by the Texas Water Development Board is the transfer of water and, more specifically, from the Sabine - Neches basins to other areas; and WHEREAS, this region is currently considered by the Texas Water Development Board to have available water resources to sufficiently supply municipal, agricultural, and industrial needs; and WHEREAS, there is a concern among various impacted parties regarding the data developed by the Texas Water Development Board with respect to this area's population projections which indicate a decrease in water supply needs; and WHEREAS, the City Council of the City of Nederland is actively pursuing economic growth and development in Nederland and the surrounding area, and to allow the transfer of water from the Sabine - Neches basins would have a detrimental effect on these efforts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the City Council of the City of Nederland opposes any plan to transfer water from the Sabine - Neches basins to other regions of the State. /� ADOPTED BY THE CITY COUNCIL of the City of Nederland this the V day of 4L ( , 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: cam, n_ C-I &O I ILC LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: I - L.____c= Richard D. Hughes, City kttomey City of Nederland, Texas 129 Exhibit A IRREVOCABLE ASSIGNMENT OF CONTRACT FUNDS AGREEMENT This Assignment of Contract Funds Agreement (the "Agreement ") made this 4th day of May, 1998, between A -Way Tank Service, Inc., a Louisiana corporation (the "Principal "), City of Nederland, a corporation (the "Obligee "), Amwest Surety Insurance Company, a Nebraska corporation (the "Surety ") and Contractor Disbursement Service, a Nevada corporation (CDS). WHEREAS: a. The Principal has entered into a Contract (the "Contract ") dated May, 1998, with the Obligee, concerning the construction project known as Repairs and painting of 5th Street Elevated Tank (the "Project "); and b. The Contract requires the Principal to provide to Obligee a Surety Bond (the "Bond ") guarantying Principal's performance of its obligations to Obligee with respect to the Contract and the Project; and c. Principal has made application for the Bond to the Surety; and d. As a condition precedent to issuing the Bond, the Surety requires that all payments due from Obligee to Principal for work performed under the Contract be deposited into a Disbursement Account to facilitate the proper and expeditious receipt and disbursement of funds pursuant to the terms of the Disbursement Control Agreement; and e. Principal has selected CDS to perform disbursement services and CDS is willing to provide such services as described in this Agreement. THEREFORE: The Principal, the Obligee, the Surety and CDS agree as follows: 1. The Principal requests and the Obligee consents to pay directly to CDS any and all amounts owing to Principal as a result of Principal's work on the Project. The original contract value as well as any increase due to change orders, extras, bonuses, or additional work are considered to be covered by this Agreement. The assignment of the payment of Contract Funds is irrevocable and unconditional. The Obligee agrees to make all payments which become due under the Contract directly to CDS at 330 Primrose Road, Suite 204, Burlingame, CA 94010. The parties agree that this Agreement does not supersede any rights Obligee may have to withhold payments or portions of payments granted under the Contract. Obligee has no obligation under this Agreement except to make payment of Contract funds to CDS as provided herein and to provide CDS with copies of approved pay estimates, stop notices, mechanic liens and preliminary notices. CDS is not an agent or contractor of Obligee. 2. The Surety acknowledges and consents to this Payment Assignment Agreement and agrees to issue Performance and/or Payment Bonds with respect to the Project. 3. CDS agrees to accept payments from the Obligee and deposit such funds into the Disbursement Account and disburse funds from the Disbursement Account according to the Disbursement Control Agreement. 130 Exhibit A 1 The parties have executed this Agreement on the date first above written. Principal: // �,// Obligee: BY: Archie W. Wilkins, President A -Way Tank Service, Inc. City of Nederland Address: 2944 Crater Lake Drive Address: P.O. Box 967 Baton Rouge, LA 70814 Nederland, TX 77627 Telephone: (504) 928 -0876 Telephone: 44 01) . 9 a 3 - i 50 N (504) 928 -5155 Fax: N o q i Q 3- 157 TO CDS: Surety: BY: BY: �( Dennis Sousa, Vice President Rj kolph A. Brunson, Attorney -In -Fact Contractor Disbursement Service Amwest Surety Insurance Company 330 Primrose Road, Suite 204 5420 Corporate Boulevard, Ste. 208 Burlingame, CA 90410 Baton Rouge, LA 70808 (650)685 -9540 (504)927 -2208 (650)685 -9545 Fax (504)927 -2247 Fax i J SERVICE AGREEMENT A0304398 (AMENDED) City of Nederland 131 This Agreement is made this Second day of June in the year 1998, by and between The City of Nederland, (hereinafter CLIENT), and Safety. Inc., (hereinafter CONSULTANT). WHEREAS, CLIENT intends to retain CONSULTANT to assist CLIENT in evaluating potential environmental risks and hazards to CLIENT. The professional services to be included in this evaluation are listed in Exhibit A, Scope of Work. NOW, THEREFORE, CLIENT and CONSULTANT agree as follows: L SCOPE OF SERVICES. CONSULTANT shall perform the services specified in Exhibit A, Scope of Work, at the Site described in Exhibit A. Exhibit A is attached to this Agreement. The provisions of Exhibit A are a part of this Agreement and are incorporated by reference. Amendments to Exhibit A. Any additional professional services, including those that may be required by any federal, state or local regulatory authority, based on conditions encountered or for any other reason, will be performed by CONSULTANT only after agreement by the parties evidenced by a written amendment to Exhibit A. The amendment shall include the fee for the additional services. II. FEE. CLIENT shall pay CONSULTANT for the services set forth in Exhibit A at the rates specified in Exhibit B, Fee Schedule. Exhibit B is attached to this Agreement. The provisions of Exhibit B are a part of this Agreement and are incorporated by reference. III. STANDARD OF CARE. Services listed in Exhibit A, Scope of Work, shall be carried out by CONSULTANT in a manner consistent with that level of care and skill ' ordinarily exercised by other environmental consultants currently practicing under similar circumstances at the time the Services are performed. Pagel of 8 FROM: Safety, Inc. Service Agreement No. A0304398 1133 Boston Avenue Revision No. 1 (AMENDED) Nederland, Texas 77627 Date: June 2, 1998 (409)727-2811 Fax: (409) 727- 3140 Agreement Submitted To : Work To Be Performed At: Name: The City of Nederland Street: 17th and Canal Street Street: 1400 Boston Avenue City: Nederland, Texas City: Nederland Date of Project: July , 1998 State: Texas Representative: Steve Hamilton Telephone Number: (409) 723 -1502 Telephone Number: (409) 723- 1541 This Agreement is made this Second day of June in the year 1998, by and between The City of Nederland, (hereinafter CLIENT), and Safety. Inc., (hereinafter CONSULTANT). WHEREAS, CLIENT intends to retain CONSULTANT to assist CLIENT in evaluating potential environmental risks and hazards to CLIENT. The professional services to be included in this evaluation are listed in Exhibit A, Scope of Work. NOW, THEREFORE, CLIENT and CONSULTANT agree as follows: L SCOPE OF SERVICES. CONSULTANT shall perform the services specified in Exhibit A, Scope of Work, at the Site described in Exhibit A. Exhibit A is attached to this Agreement. The provisions of Exhibit A are a part of this Agreement and are incorporated by reference. Amendments to Exhibit A. Any additional professional services, including those that may be required by any federal, state or local regulatory authority, based on conditions encountered or for any other reason, will be performed by CONSULTANT only after agreement by the parties evidenced by a written amendment to Exhibit A. The amendment shall include the fee for the additional services. II. FEE. CLIENT shall pay CONSULTANT for the services set forth in Exhibit A at the rates specified in Exhibit B, Fee Schedule. Exhibit B is attached to this Agreement. The provisions of Exhibit B are a part of this Agreement and are incorporated by reference. III. STANDARD OF CARE. Services listed in Exhibit A, Scope of Work, shall be carried out by CONSULTANT in a manner consistent with that level of care and skill ' ordinarily exercised by other environmental consultants currently practicing under similar circumstances at the time the Services are performed. Pagel of 8 1 .d SERVICE AGREEMENT A0304398 (AMENDED) City of Nederland NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE BY CONSULTANT WITH RESPECT TO THE QUALITY OF SERVICES PERFORMED. It is understood and agreed that CONSULTANT has not created or contributed to the presence of any hazardous waste, pollutants, chemicals, or other hazardous materials at the site described in Exhibit A. CLIENT understands and agrees that no determination as potential environmental contamination may be made with 100% certainty. CONSULTANT is retained by CLIENT for the sole purpose of assisting CLIENT in evaluating the potential environmental risks and liabilities to CLIENT. CONSULTANT is only responsible for investigating the site and providing the service specifically listed in Exhibit A. CLIENT understands and agrees that the discovery of certain conditions by CONSULTANT may result in economic loss to CLIENT and/or regulatory oversight. CLIENT agrees that CONSULTANT is not responsible or liable for any loss resulting from a decrease in the market value of the property described in Exhibit A. CLIENT further agrees that CONSULTANT is not responsible or liable for any costs associated with corrective or remedial actions necessary at the site. Unless included in Exhibit a. CLIENT also agrees that CONSULTANT is not responsible for disclosures, notifications, or reports that may be required to be made to third parties (including appropriate government authorities). , IV. LIMITATION OF SERVICES. CLIENT acknowledges and accepts the risk that: a. Subterranean conditions may differ from those found at the specific location where boring, sampling or other contamination assessments are made by CONSULTANT, and the interpretations of data and recommendations made by CONSULTANT are based only on information available to CONSULTANT at the time of the assessment; b. Investigations may disclose the presence of existing uncontrolled hazardous substances, wastes, materials, or other substances in the presence of which may require disclosure to appropriate governmental authorities by CLIENT or Owner; C, Data on conditions at the Site may vary depending on when and where obtained resulting in possible uncertainty with respect to interpretations of actual conditions at the Site; d. Although necessary to perform the Services listed in Exhibit A, Scope of Work, commonly used investigation methods, including but not limited to, sampling, boring and test pits, involve an inherent risk of contamination of previously I uncontaminated air, soil and water. Page 2 of 8 SERVICE AGREEMENT A0304398 (AMENDED) 13 City of Nederland CONSULTANT is responsible for the data, interpretations and recommendations developed by CONSULTANT. CONSULTANT is not responsible for the interpretation of this information by others. CONSULTANT is not a generator, storer, transporter, arranger for transport, or disposer of hazardous materials, pollutants, or contaminants found or identified at the Site. CONSULTANT is not responsible, and has no liability for, transportation, storage, treatment, disposal or disposition of hazardous substances, pollutants or contaminated materials of any kind, whether or not generated from CONSULTANT's performance of the Services listed in Exhibit A unless otherwise stated in Exhibit A. The discovery of any condition on the property, including but not limited to the discovery of hazardous materials, that may reasonably be expected to have a significant impact on Consultant's ability to perform the Services listed in Exhibit A is a changed condition requiring renegotiation and an equitable adjustment, in good faith, to this Agreement. V. LMTATION OF LIABILITY. CONSULTANT is not liable for any indirect, incidental or consequential damages or lost profits based on the Services provided as a part of this agreement where destructive bulk sampling techniques are instituted. rCONSULTANT is not responsible for the quality or accuracy of data or information nor from the sampling programs or methods from which the data was developed, where such information or data is provided by or through CLIENT or others with whom CONSULTANT has no contract. CONSULTANT is not liable for any obligations, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses related to or in connection with CONSULTANT'S reliance on or use of any data or information furnished by CLIENT or others. VI. ACCESS TO SITE AND INFORMATION. CLIENT will provide for right of entry for CONSULTANT personnel and all equipment required to complete the work. CLIENT understands that, in normal course of the work, some damage may occur to the property. CLIENT agrees that the repair of this damage is not a part of this Agreement, unless specifically listed in Exhibit A. CLIENT represents and warrants that it has provided to CONSULTANT: a. All information in CLIENT's possession concerning any known, potential or possible health or safety hazards existing on or under the Site; b. All relevant data and information in the CLIENT's possession relating to the performance of the Services listed in Exhibit A and to the environmental, geologic and geotechnical conditions for the Site and the surrounding areas; and Page 3 of 8 134 SERVICE AGREEMENT A0304398 (AMENDED) City of Nederland C. All plans in CLIENT's possession that show the location of subterranean installations, including but not limited to, pipes, tanks, cables and utilities. CONSULTANT is not liable to CLIENT for any damage or injury that results from CLIENT's failure to fulfill its obligations under this provision. VII. FORCE MAJEURE. CONSULTANT is not liable for any failure to perform, or delay in performance, due to circumstances beyond its reasonable control, including but not limited to strikes, riots, wars, fires, floods, explosions, acts of nature, acts of government and labor disputes. If performance is delayed due to any such circumstance, CLIENT is not relieved of any obligations under this Agreement. If CONSULTANT's services are interrupted due to any cause beyond its control, CLIENT and CONSULTANT shall renegotiate a reasonable rate of compensation for any additional labor, equipment or other costs associated with maintaining its work force and equipment at the Site during the interruption or for the costs incurred by CONSULTANT for demobilization and subsequent re- mobilization at the Site. CONSULTANT is not required to maintain personnel and equipment in the field on standby status with additional compensation. VIII. INDEPENDENT CONTRACTOR. CONSULTANT is at all times during the term of this Agreement an independent contractor. CONSULTANT shall not, for any purpose, be deemed an agent, employee, or legal representative of CLIENT. IX. CONFIDENTIALITY. CONSULTANT and CLIENT shall retain as confidential all information and data furnished by the other party in connection with this Agreement which is designated in writing. Neither CONSULTANT or CLIENT shall disclose such confidential information except after advance notice to the other party, if possible, as required by statute, regulation, ordinance, judicial order or other governmental request or is necessary for a vendor, supplier or subcontractor in order to make a bid or supply material, equipment or services. X. TAXES. CLIENT shall pay any applicable sales or use tax in the amount required by law. XI. TERM AND TERMINATION. The term of this Agreement shall begin on the day it is signed by both parties. The Agreement will continue in force until all of the parties' obligations are fully performed or the Agreement is otherwise terminated. Notwithstanding this provision, the provisions of Section VIII, INDENIIVIFICATION of the Agreement survive termination of the Agreement and shall continue in full force and effect. Page 4 of 8 SERVICE AGREEMENT A0304398 (AMENDED) City of Nederland Either party may terminate this Agreement in the event of a material breach of the Agreement by the other party which is not cured within thirty (30) days after notice thereof. Otherwise this Agreement shall terminate upon completion and acceptance of Services listed in Exhibit A, or by mutual written agreement of the parties. XII. WAIVER. No waiver by either party of any default by the other party in the performance of this Agreement shall operate as a waiver of any future default. XIII. ASSIGNMENT. This Agreement may not be assigned by either party without the written consent of the other party. XIV. NOTICES. All notices, reports and invoices shall be in writing and may be transmitted by mail, telex or telefax to any other party at the address listed in this Agreement or such other address designated in writing. Notices are deemed to be given on the date transmitted. XV. SEVERABILITY. If any word, phrase, clause, sentence, or other provision of this Agreement is determined to violate any applicable statute, regulation or ordinance, such provision is ineffective to the extent of violation., The remainder of this Agreement remains valid and enforceable to the fullest extent of the law. ' XVI. ENTIRE AGREEMENT; AMENDMENT. This Agreement contains the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, commitments, contracts and writings, whether oral or written, between the parties with respect to the subject matter of this Agreement. NO amendment or modification may be made to this Agreement except by mutual agreement of the parties made in writing and signed by both parties. 1 XVII. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of Jefferson County, Texas. Venue of any action, suit, mediation or other proceeding arising out of or related to the existence, validity, scope, interpretation, breach, performance or enforcement of this agreement shall be in Jefferson County, Texas. XVIII. INDEMNIFICATION. ENGINEER shall defend, indemnify, and hold the OWNER harmless from and against any claim asserted by any person or entity, (other than officer, director, employee or agent of OWNER) arising out of (i) ENGINEERS negligence or (ii) ENGINEERS breach of any obligation or responsibility imposed on it by the provisions of this Agreement, subject to the limitations and exclusions contained in this Engineering and Consulting Services Agreement. Page 5 of 8 1JJ X0tj SERVICE AGREEMENT A0304398 (AMENDED) City of Nederland IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written above. CONSULTANT Safetv" Inc. CLIENT The City of Nederland Page 6 of 8 1 I SERVICE AGREEMENT A0304398 (AMENDED) City of Nederland IEXHIBIT A 1 SCOPE OF WORK: The Scope of Work for this project shall be to act as consultants protecting the Owner's interests while an asbestos abatement contractor performs necessary asbestos removal, prefacing demolition of said structure, at the "Old Water Treatment Plant, located at the corner of Canal and 17th Streets, in Nederland, Texas. These services shall only include, but not be limited to, preparing specifications concerning asbestos abatement, participating in a pre - bid walk through of the project with asbestos abatement contractors, performing required air monitoring, project management, and preparing the necessary report at the conclusion of the project. The asbestos abatement shall be conducted in such a manner that will allow for safe and legal demolition of the structures located within the compound at 17th and Canal Streets in the city of Nederland, Texas, county of Jefferson. AMENDED TO READ AS FOLLOWS: To perform and act under the same guidelines and duties as listed above with respect to additional removal of transite piping utilized in the filtration systems located on this property. Page 7 of 8 131 138 SERVICE AGREEMENT A0304398 (AMENDED) City of Nederland EXHIBIT B , Schedule of Fees 1. Licensed Asbestos Air Monitoring Technician ( 10 Hours /day [$43.50/Hour] for 3 days) .................................................................... ..............................$ 1305.00 2. Thirty (30) asbestos air samples ( $25.00 /sample ) ... ..............................$ 750.00 3. Discount of six (6) air samples (two /day [$25.00 Each] ) ......................- $150.00 4. Preparation of Specifications and Contractor Walk Through ( 8 Hours [$50.00/Hour] ) ............................... ............................... ........................$400.00 5. Project Management (6 Hours total [$50.00/hour] ) ................................ $300.00 Total Estimate $2,605. 00 Estimate based on Three ( 3 ) 10 hour days and does not included any over time rates. The actual total estimate may be ( + / -) 20 %. Page 8 of 8 J 1 139 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 22, 1998 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 8, 1998 meeting as written. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing was called HEARING to order at 6:02 p.m. by Mayor Nagel for the purpose of receiving comments regarding the City's 1994 -1995 TCDBG Hilldale Water and Sewer and Atlanta Avenue Water projects. Randy Blanks, David J. Waxman, Inc., stated that these projects were funded by the CDBG and City funds and were used for water and sewer line replacement in the Hilldale area as well as upgrading water lines in the Atlanta Avenue /Second Street neighborhood. Due to the in -kind services provided by the City a reimbursement in the amount of $14,000 will be received. Andre' Wimer, City Manager, added that these projects have been completed with the exception of minor cleanup work on the Gage Avenue /Second Street project. There being no questions and /or comments the Public Hearing was adjourned at 6:04 p.m. and the regular meeting was reconvened. FIRE A motion was made by Mayor Nagel and seconded by Councilman DEPARTMENT Sawyer to accept a donation from Sun Company in the amount of $2,129.68 to be used for fire rescue equipment. All Voted Aye. Andre' Wimer, City Manager, reported that if the City does agree to obtain defibrillators for the Fire Department the additional liability insurance would cost approximately $99 /year. 140 Minutes continued, June 22, 1998 Terry Sonier, Nederland Fire Department, and Fire Chief Mike Lovelady addressed the Council relative to the need for defibrillators. They stated the Fire Department could provide necessary medical attention as soon as they arrive on an emergency cardiac call, which they feel could assist in saving lives until the ambulance arrives. Mr. Sonier added that at times CPR is simply not enough to save a heart attack victim. He explained that the defibrillators that they want to acquire are totally computerized and there is no chance to over shock a patient and if the patient is not a candidate for the shock the machine will not operate. This item was for discussion only and no action shall be taken. PARKS AND A motion was made by Mayor Nagel and seconded by Councilman RECREATION Sawyer to approve an Amendment to Ordinance No. 1996 -01, parks and recreation fees. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to waive the fees for the Girls' Softball Tournament to be held June 26 -28, 1998. All Voted Aye. LIBRARY A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the purchase of furniture for the meeting room at the new library from Corporate Express in the amount of $7,285.03. All Voted Aye. STREETLIGHTS A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve the installation of street lights at the following locations: 210 Knights Row, 1812 - 34`h Street, and 2307 Avenue G. All Voted Aye. STREETS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to accept a Quit Claim Deed from Dorothy Robertson conveying her interest (see attached) to the City of Nederland to be effective June 29, 1998. All Voted Aye. UTILITIES Andre' Wimer, City Manager, briefly updated the Council on the status of the water bill for Newton & Company. He stated that at this , time they owe $9,314.50. Richard Hughes, City Attorney, added that the City has several options to remedy the situation; terminate the contract, sue for payment of the delinquent amount plus attorney 141 Minutes continued, June 22, 1998 fees, or discontinue their service. He stated that the first and third options would probably not be a solution because it would result in the residents in that area to be without water service. Mr. Hughes said that the problems started with the death of the owner of the company and it is now being handled by his estate and the City has had to deal with the attorney for the estate. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to postpone taking any action regarding the Newton & Company water fill. All Voted Aye. BOARDS AND A motion was made by Councilman Sawyer and seconded by COMMISSIONS Councilman Radcliff to appoint the members of the Planning and Zoning Commission for two -year terms as follows: C. J. Schexnaider, Kirk Gillespie, Mark Griffin, Kenneth Mitchell, and Jack Porter. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to appoint the members of the Zoning Board of Appeals for two -year terms as follows: Guy Barlow, John Fisher, Barney Green, A. C. Handley, and Bill Cummins. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize final payment to Larry's Construction in the amount of $15,949.20, sewer line replacement. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Costello, Inc. in the amount of $3,644.10, Main "C" drainage study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Safety, Inc. in the amount of $6,198.00, asbestos abatement at old water treatment plant. All Voted Aye. CITIZEN Jim Williamson, 1808 - 28"' Street, addressed the Council relative to COMMENT a construction company operating out of a residence at 1776 - 29"' Street. He added that the main reason he was in favor of the ' annexation was so that restrictions could be enforced in his area. 142 Minutes continued, June 22, 1998 Mayor Nagel explained that at the time of the annexation the citizens were informed that could continue to use their property as they were currently doing and would be "grandfathered." He added that if the property ever changed ownership or the operations were ceased the city's codes would be strictly enforced at that time. He also informed Mr. Williamson that due to this item not being on the agenda the Council could take no formal action. Mayor Nagel explained that he could request to be included on a future agenda and the Council could consider the request at that time. 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 551.072, discuss acquisition, exchange, and /or release of property; Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; and, Entergy Rate Case; and, Chapter 551.074, discuss personnel appointments. RECONVENE The regular meeting was reconvened at 7:41 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational I purposes only. APPOINTMENTS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the appointment of LaDonna Floyd, City Secretary; Cheryl Dowden, City Treasurer; Mike Lovelady, Fire Chief /Fire Marshal /Assistant Emergency Management Coordinator; Billy Neal, Police Chief /Emergency Management Coordinator; John Borne, City Judge; and, Richard Hughes, City Attorney. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that the solid waste grant has COMMENTS been submitted to the South East Texas Regional Planning Commission. He added that the quotes for the additional asbestos removal at the old water treatment plant are due this week. Mr. Wimer also informed the Council that Bob Dickinson, SETRPC, stated that the "911" calls for the area outside of our ETJ will cease to come through out offices after June 30, 1998 (the date the contract expires). Mayor Nagel reported that all the street signs along Gage are ' missing. Minutes continued, June 22, 198 143 Councilman Sawyer suggested that once the City's records are removed from the old RSVP building it should be repaired, removed, etc. ADJOURN There being no further business the meeting was adjourned at 7:50 p.m. by Mayor Nagel. ATTEST: nos _ �kA La onna Floyd, City Sec etary City of Nederland, Texas 1 1 C�� - -lamer E. Nagel, Mayor City of Nederland, Texas 1.44 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 V/ Mike Radcliff Council Member, Ward 3 Dick Nugent Council Member, Ward 4 t/ Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney / Billy Neal Police Chief Mike Lovelady Fire Chief L/ 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 C— ity Secretary Q -aa-gs Date 145 ' AN AMENDMENT TO ORDINANCE NO. 1996 -01 AN AMENDMENT TO ORDINANCE NO. 1996 -01 WHICH ESTABLISHES PRICE PLANS, FACILITY RENTAL FEES, POOL RENTAL /PASSES AND LEAGUE FEES FOR THE NEDERLAND RECREATION CENTER AS SHOWN IN EXHIBIT "A" ATTACHED. WHEREAS, the City Council of the City of Nederland has been presented a schedule of rental fees for the Nederland Recreation Center for its acceptance and adoption, including non - resident price plans, facility rental fees, pool rental /passes and league fees-, WHEREAS, the City Council of the City of Nederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the fee schedule for the Nederland Recreation Center as shown in Exhibit "A" attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I THAT the schedule of rental fees for the Nederland Recreation Center as shown in Exhibit "A: attached, which is incorporated herein by reference, is hereby approved and adopted. THAT this amendment shall take effect and be in force from and after its passage. PASSED AND APPROVED this o?-2 day of 1998. 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, @ity Attorney ('..ity of nloriorlanri Tcvnc 146 NON - RESIDENT FEES EVERYONE MUST REGISTER AND SHOW PROOF OF RESIDENCY ' YOU MUST HAVE A RECREATION IDENTIFICATION CARD Non - Residents Identification Cards $10 lost card $3 A card holder (Res. or Non) may bring up to six guests per visit. Each guest must pay a $5.00 admission fee for the day. Each guest may visit the Rec. Center up to 3 times a year as a guest. After this limit is met, they must purchase an ID card or they may not enter the facility. Any and all fees may be waived at any time by City_Council action_ Daily Monthly Ouarterly ........ Annual NISD Students $1.00 $12.00 $24.00 $ 72.00 Others $5.00 $30.00 $80.00 $200.00 Monthly _Ouarterly Annual 'Hoop -N- Spike Club $18.00 $48.00 $120.00 Racquetball Club $18.00 $48.00 $120.00 Racquetball court _ _ _ _ $2.00/hour per person (Max. 2 hours) FACILITY RENTAL FEES Per hour After hours Deposit Gymnasium (min.2hr.)after hours only $17.00 $40.00 Game room after hours only $17.00 $20.00 Classroom $10.00 $17.00 $20.00 Lounge $10.00 $17.00 $20.00 Kitchen $ 2.00 Pavilions (clean up after use) N/A N/A $50.00 Three or more rooms $37.00 $50.00 Functions exceeding 50 persons will be charged $1.00 per person over 50 Note: All activities must be approved by Director Tournaments, Classes & Clinics 80/20 split generated income Responsible for security arrangements $50.00 per day Vendor fee is required for vendors at special events approved and sanctioned by the City. LEAGUE FEES Softball $300.00 Basketball $ 90.00 Volleyball $ 40.00 POOL FEES Private Party Rental ( 2 Hours ) $2.00 $60.00 Season Passes Daily Admission Ages 5 -7 (must be with adult) Ages under 5 (must be with adult) Includes Association dues & Official fees Teams pay officials ( referees, scorekeeper ) Teams pay officials ( referees, scorekeeper ) Per swimmer Minimum Single Famil 0 4 Additional members $65 $125 add $10 per member $2.00 $1.00 Free 1 1 D REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. July 13, 1998 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 June 22, 1998 meeting as written. All Voted Aye. PRESENTATION Don Pumphrey, Entergy, presented a check in the amount of $2,500.00 to the City to be used at the new library. He added that Entergy is eager to promote the ongoing efforts of communities in the area of education. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the donation from Entergy in the amount of $2,500.00 to be used for the new library. All Voted Aye. DONATIONS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to accept the donation of a trailer valued at $2,894.38 from the Nederland Volunteer Fire Department, Inc. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to accept a sewer line from the Jefferson County Single Adult Club and an easement from Timmy R. Stanley. All Voted Aye. SANITARY A motion was made by Mayor Nagel and seconded by Councilman SEWER Nugent to approve the Sanitary Sewer Evaluation Survey work EVALUATION schedule. All Voted Aye. SURVEY t l 'i 148 Minutes continued, July 13, 1998 CONTRACTS/ A motion was made by Councilman Sawyer and seconded by Mayor ' AGREEMENTS Nagel to approve a contract for asbestos abatement at the old Water Treatment Plant to Superior Abatement, Inc., Groves, TX, in the amount of $5,673.00, contingent upon approval by the City Attorney. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a water supply contract with the Lower Neches Valley Authority. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a contract with the City Attorney for professional services in the amount of $2,500.00 /month. All Voted Aye. CDBG A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1998 -14, establishing just compensation and offering to acquire an easement, Wagner Addition. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Resolution 1998 -15, establishing just , compensation and offering to purchase property, Wagner Addition. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Radcliff to award bids received for demolition of structures at the Wastewater Treatment Plant, old Water Treatment Plant, and Imhoff tank to Gissco, Beaumont, TX, in the amount of $159,960.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to award bids received for street materials as follows: Transit Mix, Beaumont, TX - limestone base @ $13/00 /ton and 610 limestone @ $15.50 /ton; Koch Materials, Houston, TX -AES 300 emulsion @ $70 /gallon and RS -2 emulsion @ $.66 /gallon; and, Vulcan, San Antonio, TX - precoated aggregate @ $30.12 /ton. All Voted Aye. APPOINTMENTS A motion was made by Councilman Daughtry and seconded by Councilman Nugent to appoint Homer Nagel to fill a vacancy on the ' Nederland Economic Development Corporation Board of Directorsfor a two year term. All Voted Aye. 149 Minutes continued, July 13, 1998 ' A motion was made by Councilman Sawyer and seconded by Councilman Nugent to appoint Sonya Willis as the City of Nederland's Lay Representative and George Eisenmann as the alternate to the Houston Area Library System (HALS). All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. as follows: $14,566.62, Sanitary Sewer Evaluation Survey, and $6,279.79, wastewater system improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize final payment to Norman Highway Constructors in the amount of $10,910.20, Atlanta /2nd Street water line project. 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 June, 1998. All Voted Aye. IRECESS The regular meeting was recessed at 4:10 p.m. by Mayor Nagel. RECONVENE The regular meeting was reconvened at 4:20 p.m. by Mayor Nagel. BUDGET Andre' Wimer, City Manager, gave a brief overview of the proposed 1998 -1999 budget and announced that the Public Hearing will be held at 7:00 p.m. on July 27, 1998. He stated that due to changes made in the budget process during the last legislative session and also following the guidelines of the Charter, the budget will actually be approved prior to the tax rate being set. Mr. Wimer added that the budget allows for a three percent (3 %) cost of living increase for all employees. The combined funds for 1998 -1999 total $17,421,787 with the proposed tax rate to remain $.70 per $100 assessed valuation. Mr. Wimer briefly reviewed the significant changes in the General Fund budget which include funds for destruction of City records; funds for the purchase of one (1) in -car video camera for the Police Department; increase by $15,000 in overtime for Fire Department for staffing needs and to allow for additional training; increase from $600 to $800 the monthly transfer to the Nederland Volunteer Fire Department, Inc.; increase in operations and maintenance for the new Marion and Ed Hughes Public Library; and, transfer of $125,000 of reserve funds to the Equipment Replacement Fund - General Fund in order to increase fund balance to begin saving for a new fire truck. 150 Minutes continued, July 13, 1998 Mr. Wimer also reviewed the significant changes in the remaining ' funds. Water and Sewer Fund includes $360,000 for SSES related work; $1,125,000 for annexation related construction with the majority of these funds to be provided by the Nederland Economic Development Corporation; and, funds are included for contracting street repairs by water and sewer systems repairs /replacement work. In the Capital Outlay Fund $25,000 has been proposed for the construction of storage /warehouse facility for the Parks and Recreation Department, as well as $7,000 for the replacement of the pool building roof; $30,000 for renovation of the D. Bob Henson Memorial Library building for use by Public Works Administration and the Nederland Economic Development Corporation; $16,000 for equipment for the Marion and Ed Hughes Public Library; $44,000 for the purchase of a new telephone system; $85,000 for the rehabilitation of the Hardy Avenue elevated water storage tank; $200,000 for the acquisition of a new integrated management information system; and, $125,000 for street improvements. With regard to personnel issues Mr. Wimer added that in addition to the three percent (3 %) COLA, a part-time custodian position has been created in the Library Department and will be responsible for maintenance of the library and the City Office Building /Police Station. ' As a result of the City receiving a COPS grant a new Police Officer position has been created. In the Water and Sewer Fund an existing Maintenance Worker position has been reclassified to a Heavy Equipment Operator. Mr. Wimer concluded by reporting that the proposed budget attempts to maintain sufficient levels of reserve funds, while allocating estimated revenues for operational expenses. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Resolution 1998 -13, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 1998 and ending September 30, 1999, and calling for a Public Hearing to be held at 7:00 p.m., July 27, 1998 for the purpose of discussing the proposed budget as per Article VII of the City Charter. All Voted Aye. CAPITAL Andre' Wimer, City Manager, reviewed the proposed Five Year Capital IMPROVEMENT Improvement Program for the years 1999- 2003whichidentifies capital PROGRAM expenditures /projects totaling $15,371,125. He added that 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 reviewed each category of the CIP which included Water Treatment and Storage, Water Distribution System, Wastewater Treatment, Wastewater Collection System, Street Improvements, and Facility Improvements. Minutes continued, July 13, 1998 ' EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman SESSION Sawyer to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre'Wimer, City Manager, reported that the July 4 th celebration and COMMENTS firework display held at Doornbos Park last weekend was a tremendous success. He received a letter from the Nederland Volunteer Fire Department indicating a desire to contribute funds in order to make this event an annual celebration in Nederland. Mr. Wimer informed the Council that a new company to the area that provides street sweeping services conducted a test run for the City of Orange. He added that Nederland and Port Neches may conduct one in the near future. Mayor Nagel thanked Councilman Daughtry on behalf of the City and citizens for a "job well done" on the 4th of July fireworks display. The fireworks Councilman Daughtry provided were enjoyed by thousands. He also thanked the Centennial Committee, Lynne Parker, Sonya Willis, and Sandra Daughtry for all their help. Councilman Nugent reported that the sidewalks on Helena are in need of cleaning. Councilman Daughtry thanked everyone for the kind comments regarding the fireworks display for the 4th of July. ADJOURN There being no further business the meeting was adjourned at 5:25 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: D —c—C� 421 n1(( LaDonna Floyd, City ecretary ' City of Nederland, Texas 151 5 e_, 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 ✓ 1 Mayor` 064,-,, r-71Lld City Secretary I - /j 9 Date IMODEL SERVICE AGREEMENT =AGREEMENT made and entered into this / 3 day o 1999, by and between CITY OF NEDERLAND on its own behalf and on behalf of its owners, o- owners and any of their agents, directors, officers and employees, herein collectively referred to as "Company", and SUPERIOR ABATEMENT, INC. hereinafter re ferred to as "Contractor", CONTRACT PRICE: $5,673.00 SCOPE: The scope of work consist of the removal of approximately 1400 linear feet of 3" transite piping from seven separate filter units located at the Old Water Treatment on Canal end 17`' Streets in Nederland, Texas. These filters are at present concealed beneath a thick layer of sediment and sand in each area. The retaining wall shall be opened up prior to the removal process and the sand washed from over the units. WITNESSETH: In consideration of the mutual promises and convenants herein contained, the parties hereto mutually agree as follows: 1, GENERAL: ' (a) This agreement shall control and govern all activities of Contractor in connection with the performance of all work by Contractor for Company under orders, oral or written, given on or after the date hereof by Company to Contractor. (b) This agreement shall remain in effect until canceled by either party by giving the other party fourteen (14) days written notice of cancellation at the respective addresses herein set forth; provided, however, that with respect to any work in progress as of the date of cancellation, this agreement shall continue in effect until the work is completed (c) This contract does not obligate the Company to order any services, supplies, materials or equipment from Contractor, nor does is obligate Contractor to accept such orders; but this Contract, together with any applicable order, shall control and govern all activities of Contractor in performance of its work and shall define the rights and obligations of Company and Contractor during the term hereof. 2. MATERIALS AND PERSONNEL: Contractor shall furnish, at its own cost and expense, all labor, supervision, machinery. Tools vessels. Rigging, equipment, fuel power, materials, expendable supplies, transportation, licenses, permits, bonds, and all other items, whether of the type described or not, that may be required or appropriate in the performance of Contractor's work, except such items which are specifically agreed to be furnished by the Company. All materials, supplies and other items purchased by Contractor in the performance of its work shall be, and at all times remain, at Contractor's own expense, properly manned, equipped and supplied 1 153 154 3, INDEPENDENT CONTRACTORS STATUS: The parties herein create, and have created, a relation of Company - Independent Contractor. Neither Contractor nor any agent, employee or servant of Contractor shall be or be deemed to be the employee, agent, or servant of Company. Company is interested only in the results obtained under this contract; the manner, means and method of conducting the work are under the sole control of Contractor. Contractor agrees that any and all work services performed or rendered hereunder shall meet with the approval of Company or its designated representative who shall be entitled to inspect as necessary to assure such results. Q . 4J At all times during the term of this agreement, Contractor agrees to carry insurance of the types and in minimum amounts set forth in Schedule A attached hereto. All such policies shall be placed with insurers reasonably acceptable to Company, shall be maintained in full force and effect during the term of this agreement, and shall not be cancelled, altered or amended without thirty (30) days prior written notice having been furnished to Company. All such policies shall be endorsed to provide that they are primary insurance with respect to any insurances carried by Company, and that any: other insurance clause" contained in Contractor's insurances shall be void and inoperative as to Company. Contractor shall furnish Company with a certificate or certificates evidencing the insurance coverages required by this agreement and upon request shall furnish Company certified copies of all such policies. Contractor agrees to indemnify and hold harmless Company and the property of Company from and against all liens and claims for labor or material, and against arty and all claims, demands, or actions for damages to persons and/or property which may be brought against Company by any person or firm, arising out of, in connection with, or resulting from the activities of Contractor, its employees and agents or its subcontractors and their employees and agents, except to the extent caused in whole or in part by the negligence of Company, its agents or employees. 6. ACCLDENT REPORTING: Contractor shall repot as soon as practicable all accidents or occurrences resulting in injuries to the Contractor's employees or third parties and/or damage to property of Company and/or under the control of Company or third parties, arising out of, in connection with, or during the course of the work or services provided by Contractor or by subcontractor of the Contractor, and, when requested, Contractor shall furnish the Comparry with a copy or reports made by Contractor to Contractor's insurer or to others of such accidents or occurrences. I SAFETY AND HEALTH: The safety and health of all persons employed by Contractor on vessels owned and/or under the control of Company or property and of airy other person Contractor brings upon Company's property and/or vessels owned or under the control of Company shall be the sole responsibility of Contractor. Contractor, its employees, agents and suppliers shall comply with all Federal, State, local and Company safety and health laws, rules, regulations, ordinances, and orders. Contractor hereby agrees to accept full financial and legal responsibility for compliance and shall take timely action to abate any violation of said laws insofar applicable to its worksites and operations. Contractor shall hold Company hamless from end indemnify it against all fines, forfeitures, assessrnents, penalties of law or governmental agency, and/or damages arising from violation and/or mnabatement of violation of said laws, 155 ' 8. INSOLVENCY: Should Contractor become insolvent, make an assignment for the benefit of creditors, be adjudicated a bankrupt, admit in writing inability to pay its debts generally as the same become due, or should any proceedings be instituted by Contractor under any State or Federal law forrelief of debts or for the appointment of a receiver, trustee or liquidator of Contractor, or should a voluntary petition in bankruptcy or for a reorganization or for any adjudication of Contractor as an insolvent or as bankruptcy be filed, or should an attachment be levied upon Contractor's equipment and not removed within five (5) days therefrom, then upon the occurrence of any such event, Company shall thereupon have the right to cancel this contras, to terminate immediately all work or service of Contractor, and to retake Company's property, equipment and vessels owned and/or under the control of Company, without legal process, and without further liability or obligation to Contractor. 9. NON - WAIVER OF BREACH: Failure by Company at any time, cc from time to time, to enforce or require the strict keeping and performance by Contractor of any of the term and provisions of this contract shall not constitute a waiver by Company of a breach of any such terns or provisions and shall not effect or impair such term or provisions in arty way or the right of Company at any time to avail itself of rights or remedies as it may have at any time. 10. ASSIGNMENT: SUBCONTRACTING: Contractor shall not assign, sublet, subcontract, nor convey any rights, performance, or obligations, including the right to payment hereunder, without the prior written consent of Company which shall not be unreasonably withheld. Contractor shall remain primarily responsible to Company for compliance by its subcontractors with this contract, and Contractors shall police its subcontractors to assure compliance herewith. 11. PARAGRAPH HEADINGS: All paragraph headings used are for the convenience of the parties only and shall not be considered a part of the contract nor used to interpret or construe the intent of the parties hereunder. 12. ENTIRE AGREEMENT: This cortract and all applicable orders, supplements, attachments, and incorporations constitute the entire contract and agreement between Company and Contractor. In the event there is a conflict between the provisions hereof and any orders, papers, documents, conversations or understandings which may have been executed or passed between the parties in connection with the subject matter hereof, the provisions hereof shall be controlling unless modified by the parties in writing with express reference to the specify provision(g) ofthis agreement which are so modified. No provision of any delivery ticket, invoice or other instrurnent used by Contractor in setting forth the work performed hereunder shall modify or supersede the provisions ofthis agreement In the event a dispute arises out of, in connection with, or relating to this agreement or the interpretation or performance thereof, such dispute shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association before three (3) arbitrators selected from the panels of arbitrators of the American Arbitration Association. Judgement upon the ' award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 15 (; 13. NOTICES All notices to be given with respect to this contract and applicable orders shall be given to the Company at CITY OF NEDERLAND, P. O. BOX 967, NEDERLAND, TEXAS 77627 and to Contractor at SUPERIOR ABATEMENT, INC., P, O, DRAWER 386, GROVES, TEXAS 77619, IN WITNESS VTBEREOF, the parties hereto have executed this Contract in multiple originals on the date hereinabove written WITNESSES: SUPERIOR ABATE1v=, INC. BY: TITLE: CITY OF BY: / f TITLE. r i 1 Insurance Requirements Attachment A Insurance Required - The contractor shall provide the following insurance certification in the amounts shown and under the conditions noted before any authorization will be given to commence delivery or installation: General a. No work will be commenced until The City in writing has approved all requirements of this section. The City will be fumished a certificate of insurance acceptable, prior to the commencement of any work. b. The insurance shall contain a provision that at least sixty (60) days prior written notice shall be given to The City in the event of cancellation, material change or non- renewal. C. A company rated not less than B + VII in the Best's latest published guide shall underwrite insurance. d. The contractor shall purchase and maintain in force the following kinds of insurance and bonds for operations under construction contracts and as specified in each section. e. The City shall be informed of the Contractor's deductible. Casualty Insurance a. Worker's Compensation as statutory provisions require. Policy must be endorsed to include WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF NEDERLAND. Cov A - Statutory Cov B - 500/500/500 Commercial General Liability Insurance (Occurrence basis only) REQUIRED LIMITS Bodily Injury and Property Damage Each Occurrence ........................... $1,000,000 General Aggregate ................................................... ............................... 1,000,000 Products /Completed Operations Aggregate ............. ............................... 1,000,000 Personal and Advertising Injury Occurrence ............. ................... ............. 1,000,000 Fire Damage, Legal Liability Any One Fire ............................ .........................50,000 Medical expenses any one Person .......... ............................... ..........................5,000 ' 1. Policy must be endorsed to include WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF NEDERLAND. Asbestos Abatement Project Page I of 2 Insurance Requirements THE CITY OF NEDERLAND 1400 Boston Avenue Nederland, Texas 77627 Insurance Required - The contractor shall provide the following insurance certification in the amounts shown and under the conditions noted before any authorization will be given to commence delivery or installation: General a. No work will be commenced until The City in writing has approved all requirements of this section. The City will be fumished a certificate of insurance acceptable, prior to the commencement of any work. b. The insurance shall contain a provision that at least sixty (60) days prior written notice shall be given to The City in the event of cancellation, material change or non- renewal. C. A company rated not less than B + VII in the Best's latest published guide shall underwrite insurance. d. The contractor shall purchase and maintain in force the following kinds of insurance and bonds for operations under construction contracts and as specified in each section. e. The City shall be informed of the Contractor's deductible. Casualty Insurance a. Worker's Compensation as statutory provisions require. Policy must be endorsed to include WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF NEDERLAND. Cov A - Statutory Cov B - 500/500/500 Commercial General Liability Insurance (Occurrence basis only) REQUIRED LIMITS Bodily Injury and Property Damage Each Occurrence ........................... $1,000,000 General Aggregate ................................................... ............................... 1,000,000 Products /Completed Operations Aggregate ............. ............................... 1,000,000 Personal and Advertising Injury Occurrence ............. ................... ............. 1,000,000 Fire Damage, Legal Liability Any One Fire ............................ .........................50,000 Medical expenses any one Person .......... ............................... ..........................5,000 ' 1. Policy must be endorsed to include WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF NEDERLAND. Asbestos Abatement Project Page I of 2 158 Insurance Requirements Attachment A Page 2 Policy must be endorsed to include ADDITIONAL INSURED IN FAVOR OF THE CITY OF NEDERLAND. There shall be a hold harmless agreement in which the contractor assumes liability on the contract and holds THE CITY OF NEDERLAND harmless. Insurance Requirements c. Business (Commercial) Automobile Liability Insurance coverage for all owned, non -owned and hired vehicles: Combined Single Limit of $1,000,000.00 Required. Policy be endorsed to include WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF NEDERLAND. 2. Policy must be endorsed to include ADDITIONAL INSURED IN FAVOR OF THE CITY OF NEDERLAND. d. Umbrella Liability Insurance: 51,000,000 AGGREGATE REQUIRED The City shall be informed of the Contractors Self- insured Retention (not to exceed $25,000). This policy shall provide coverage over the Workers Compensation, Commercial General Liability and Business Automobile Liability. e. Asbestos Insurance with at least $1,000,000 of asbestos specific liability insurance written on an 'occurrence" basis. (Please note the policy must be occurrence type insurance.) ALL POLICIES - NO DELETIONS /EXCLUSIONS FROM STANDARD COVERAGE FORM ALLOWED WITHOUT WRITTEN CONSENT OF THE CITY OF NEDERLAND. 1 Asbestos Abatement Project Pale 2 of 2 159 LOWER NECHES VALLEY AUTHORITY WATER SUPPLY CONTRACT I. STATE OF TEXAS I COUNTY OF JEFFERSON I THIS CONTRACT AND AGREEMENT made and entered into on this the 215t (lay of July 19 98 ,end effective ea of the 1St day of June 19 98 (hereinafter referred In as the "elreclivr do(e ") by and between LOWER NECHES VALLEY AUTI101A'll'. n political subdivision of the Stale nf'l'exa,, having on office at Bcumnunt, Jefferson County, Texas, hereinafter referred to for con. venjence as "SF,LI,F.R ", and City of Nederland x%xr:(mxe/10'Nxa)tAxalr6tXXIC Nnbxxxkttohx: AX A); KA xmxxaka )Incaxxaafy)aywaadxknoewtaaxa KAtxaofxxildxxoGttaoKaaaabtaix Alvxaatta Km% %.jt K)IKY iF)1 Xr%X.K M�f j1k,XJi1 %Y X➢kKYI Xdf XK,KIrtKitaijlKXIX,KIx lS?4i!47S,K 14:X)<Aiff•?<xVfl % tl?{iT•x % WIT NESSETFI: In consideration of the mutual agreements herein contained. SELLER agrees to 11 and BUYIiR agrees to buy water upon the terms and conditions and for the consideration hereinafter set forth: 1. Quantity: Subject to the remaining terms and prnvisionm hereinafter set forth in this Contract. SELLER agrees to sell and deliver to III)YF U nl the delivery, point hereinafter specified and HIIYIiIt agrees In pay far nn(. less than the amount of water s)xcified iu Subparagraph 4 of Section 6., below, at the rate required pbyl { said �pSubparagraph 4 of said Section 6., below, and BUYER, at its option, may lake the amount of water almae mcntunted lygcStat ionst /f�4 +Ut1%N' /�Lr as BUYER may require file use in the operation of ox plant located at or near Y. Quality: *I'll(- water to be delivered by SELLER and received by BUYER hereunder shall be row water, and SELLER shall not be obligated to treat such water in any manner, provided, however, that BUYER shell not be obligated to receive water and pay far same for any period during 9ilch it shall contain per gallon. at the delivery point, he" nnfl.er xpxrified, in rsrrsx of: Tcn (10) grains of x o iuni rhlo,id,; and Fifteen (15) groins eact: ,ing mdids in carlountes of magnesium and calcium. And (here shall be no liability, whatsoever, on the part ofSELLERfor failure to furnish Ideliver the quality of water xpxcified in this Section Z. It is expressly understand and ogreed that there is and shall he nu warranty or covenant ex. .rd or implied u1,an the pore of SEI.I,ER that said wnI,r ahnII Ix• suitable forum, 1, HI!YER, and it k undcrsb..l Thal 101Y1'R( is b, filler and/or u• treat said water In ordar to render it suitable for its In'. :1. 1),liwry Point: 'I'hr I,lirrn• loin for water odd nod pureI sell lu- cuuJer fn MIYER'S o1x 11iuns Ahxll bent a point nn SI:1,1.. "U'S uml hereloforr.rlected and designated by BUYER. adjarenl In fir in the vi,inily op HI )PER'S plant. Il(IYlili has constructed and ngrees tonpmrate, aintnin and reconstruct, nl BUYER'S own osi and expense, all facilities necessary dr take the wrier purchased hereunder from the canal of SELLER. The equipment and facilities so cnmdructed, operated, maintained and reconstructed by BUYER shall he and remain the properly of BUYER, "' Measuring Measuring Equipment: SI :1.1.h :R has he000rorc furnished installed all,[ in Ili, enure will oper.1, sad nmial.in ill it, expense. at the 111-1:1' n• point or water fir BUYF I :S uparal inns, the necesmrn• noel er n( standard type In measure prnpedy the, water del {vcn {under this agreement. Thr meter fir melon and other equipment an installed shall be and remain the papen, of SEI,I,F :It, and the same shalt be used in determining the quo iii, of nl,, delivered Io HUYER under this eaWl,t and Ih, following provisions in reference thereto shall apply: 14(IY Kit hall hole access msaid metering apripmenl a1 adl reunnaMc times. but Ihr mading and calilrurting and nJjusunrnl thereof shall Ix door only by the rraploven ur agents of SF.LI.F.R. For the purpose of this contract the original record of rendings ur the meter or meters shall be the y,unal fir other record honk of SELLER in its office into which the records of the employees fir ngr Is of SELLER who lakes meter readings i ,, may 1n• Imn..ribel amyl SF:I.LER will, upset ngne %I. giro III IYER n ropy of such journal or record I.ok or perm it iii Il'I• :li b, hart avers, m same al t hr of. fir, of SELLER during business hours. \fit auwe than awe each month, 1-u a dote as near the last day of each month u. pro, I wnhla•, KRI.I,Ir.It mull calibrate its meters if n.lursted hr Iil!1'I:It Io do no, in the presence of rrprescntnlives of HITTER, end the Partin shall p+inily ul—,ve any mlhslmruto which are mode to the mater., sh„nld such adyunn,enl. he narrsmrry. not if the,hack moors hereinnller Pmvidel Ibr have Ixcu installed. the mune,bnll film, 1, enlibnded by BtiYE11 in 1h, presence of representative.% of SELIXR and the parties shall jointly observe any adjusuuenls, should much adjusunenls be n•. II' BUYER shall rrolueet SEI.LER to cnlihnal a its meters noel SF:LLRR shall here given BAYER notice „f I he t ima• when any such cnlibrn. Ii i, o, Ire nwr1, o surfiricul Irngl lr of t ion, in ndvnuve w enable lit YRR to hour its n•pn •atmins too rut. and if rrpo— intivn an• not pre sent :aI Ile• �ilm• -1. SI.0,1.101 uory l •rd wilh ,opal cnlibmliolr null n Ip.tnaeau is in Ili• alm u, et' BUYER'S cl,re.-ninimm. R either party at any t ima observe, n variation between the delivery meter fir uael,ni nn I I he check meter fir meters. if oily such cheek met er or mrtrrs i"' ore iarmtallel, it will promptly notify Ih, other purer nod the parlie, will then ea. +Issntr to secum an immaviiale cnllbm(ion test andy,inl "I."::: inn ufile, adjurt lnt•nl and Ill, ma•4•r ur Inelers.hrll then ho adiuned to accuracy. Ea, 1, poorly sl 11 give to the other party 1i 1y.rpght 08) hour na(i,.e of the liu,r of all text. of meters so that the other party may c,mrenicialy lun•c its repra•.enlativn present. ft upon any Ir %I, the Ix•rrou.ge of innc,urncy of any metering ejuipm,n( is found Io hr it, rxcr,. oriwo lxrrrnt (2';). regi.tmlions thercnf Avdl be rortecust for a periml mending bark t„ the Iinae.uch innn:orrnry,.-d. it.urlr lime i, nm•rnninnble, and if n„I n caoinnbic d,ro bark r half I' dill' Ihr time elop,cd space the last Moe of calib swill. {t, la, nay rc oily melon or, uo1 of se icc n 111-, ut of repair m, than tba- ul1 of w :ncr delivered a nn.1 be u .ertained or rnmputed flan the readings thereof. the wader delivered through the period much meter. arc out "C_.' , nA /fir ml of rejrnir shall he celiumted and agreed upon by the parties herew upon the basis of the lies( (lain available, using the first of the Ldl,nling methods which is lo,mble: a. By using he registrntima of any chock meter fir metes if installed au11 accurately registering; I,. Itv corr,cliasg the ern,, if the laerreungr of error is ascertainable by calibration test of mathematical calculation and a. ifv emtimaling the quantity of delivery by deliveries during preceding periods under similar conditions when the mrter or meters was or were registering accurately. BUYER mar, at il%option and expense. install and olxrute check meters to check each meter installed by SEI.LER hill measurement nfwater I he purpose of the agreement shall be by SELLER'S meters only, except in case hereinulove, specifically prm•ided to the contrary. Check melees dl Ix of the onfire or venturi tvix and of standard make, and aluill 1. subject at all reasonable times Ill inspectiun and examination of SEI.LF,li, he reading. calibration and adjustment %hall be done only by BUYER, except during any Ixriad where a check meter cony be used under the +h ns hereof for measuring [h, water delivered wlxn the reading, eolillwaut and mliustmrnl her f.hall be made by 5ELLAlt with like effect, such ,heck mater or meters has or have been furnished and installed by it. Unit of Mcasurc; The unit of measure fur water delivered hereumter ,hull be One Tlno,and f 1.1{10) Gallon. of wafer U. S. Standard ).i. quill Measure.•F 6. price and Payment for Water; Fur the purpose of billing and accounting, the day %hull begin at 10:00 a.m. on a day and extend to 10:06 n.m. the next day, and the billing month es used under this contract shall begin at 10:00 a.m. on the first day of each calendar month and end at 10:00 a.m. nn the first day of the succeeding calendar month. 'rhe bill for anv month shall he paid by BUYER to SELLER at SELLERS office in 4e11erson County, Texas an or before Clue 15th day of the emend:lr month during which the hill is received by BUYER. Should BUYER fail to pay any am,sau due SELLER hereunder, when some i, due, end ,h„uld much failure to pay continue fn sixty (CA) days, SELi.F,R may suspend deliveries of water hereunder. SI• :IIER has cmahlisheJ sad charges all in lumn.l coed municipal customers the standard rates fir water which ore eel ant in F:xhibil ,a l: �. L .. „1-,,.I ..... .......... ..... ..... ...... BUYER has elected to take and pay for water under Bracket or Rate Number _3 set out in said Exhibit "A ". The price far daily deliveries shall be determined on the basis of average daily deliveries during the npplicable billing mnnth. The minimum nn amt of each bill far the pilling month, as hereinabove provided in Section 1, shall be no 1- than An amount equtvnlent to 2 I /2 mi I lion gallons of water per day at the rate set out in Exhibit "A ", or such amended rote flit may hereafter be adopted by the Board of Dimctors of SELLER, for each day of the billing month And BUYER agrees to pay such amount. It ix expressly undersfhsl Anti agreed that SELLER shall have the right at any time during the period of Ihis cvmtract to change the above set forth standard scheduled rates charged its customers for water, and in the event such rates are lowered, BUYER shall have the advatuage of same im. mediately when they become effective, and if said rates are made higher or different, then BUYER hereby agrees to lake and pay for water under such higher or different rate,. If by reason of accident to BUYER or a suspension necessary to make repnim, BUYER is unable to or does not bake for some pnrticular month the minimum quantity contracted to be taken each month but pays SELLER the mmnunt due for the minimum quantity provided herein. BUYER shill[ have the right to take such water paid for but not taken at some future dale convenient to both parties, and when se taken such water shall not be counted nor considered in the lotnl amount of water taken during such month. BUYER shall at all limes have the right to refuse to receive water tendered for delivery which does not meet the above quality specified, and if on this account, oron accnunt of limitation of quanlity as set forth in the next parngrnph of this Agreement, BUYER is delivered less thnn an average of 2 l �2 ml l I on gallon' of water per dny or no water at all, then for such month BUYER shall he relieved of the minimum Payment and pay for only such wnler as it receives. 7. Limitation on Quantity: Anything in this contract to the contrary notwithstanding, it is undentend and agreed by the parties hereto that in no event shall SELLER be obligated to deliver to BUYER more water than SELLER shall have available through its present plant facilities and equipment, and SELLER shall not be obligated to extend nor enlarge its plant facilities or equipment for the purpose of supplying demands to BUYER under this contract. Should SELLF,R at any time, by reason are shortage resulting from any of the causes mentioned in Section 5A39 of the Texas Water Code or by reason of any of the happenings Ar conditions mentioned in Pamgrnph 8., below, not have available sufficient water to fur. nish to all parties having eonUncls with SELLER the water to which they are otherwise entitled under the terms of such cenlroctn, then and in that event the water available will he distributed and divided as required by said Section 5.037 of the Texas Water Code. 8. Forte Majeure: In the event of either party being rendered unable• wholly or in part, by force majeure to carry nut its nbligalinns under this contract, other than the ablignlion, to make payment, of amount nccrued and due hereunder at the time thereof, it is agreed that on such pnrty giving noli,e and full pndiculan of such fence majeure in writing or by telegraph to throttler party within a reasonable time after the occurrence of the cause relied on, then the nbligatiom of the party giving such notice, an fnr as they are affected by such force majeure shall be suspended during the enntinm nce of any liability an enured but for no longer period, And such cause shall so far nit passible be remedied with nll mnsonoble dispnich. The term "force majeure" as employed herein shall mean anti include, without limitation, nets of Cod• strikes, Iockou(A, or other industrial dislur• banes, arts of the public enemy, wan, hlnckodes, insurrections, riot, epidemics, InndA[ides, lightning, earthquakes, fires, hurricanes, alarns, Rends, woAhouts, droughts, ar rests, and restraint of Government and people, civil disturbances, explosions, brenkage or occident to machinery and /or rmnts p , ortinl or entire failure of the supply of water, And inablility nn the part of SELLER to deliver water hereunder or all of the water can. tracted far hereunder on account of contractual rights of other, or nn nccount of the prior right of other users d) the supply of water at the source of the supply arising by operation of law, And any other causes, whether of the kind herein enumeratal or otherwise not reasonably within the control of the party clai ming suspension. It is understood and Agreed [lint the settlement of strikes or Inkouts shall he entirely within the discretion of the pnrty having the difficulty, and that the aMrve requirement Thal any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strike.. or lockouts be acealing to the demands of oppasillg party when such course is inadvisable in the discretion of the party having the <lifficully. 9. Other Purehaaea: It is expressly undentad and Agreed that during any perird thnt SELI.FR fails to deliver In BUYER writer meeting cant ract speeificnt inns, or is unable to perform its obligations hereunder, BUYER shall hnve the right during the continuance of such failure, or such inability, IA .1.A.m water from other A.urc.. 10. N..•Wniv— The fnilureofeither party hereto to in.Aist, in copy nne or more instance.. upon perforuumreef tiny of the tcran, cnvcnAnts, or mditoas of this contract shall not le coast curd nA n waiver m n relinquishment of the fw ore prrl'ennance of any each teen, covenant, or condition of the other party hereto, but the obligor inn of such other party with respect to such future perfurannce .shall continue in full force And rffect. ( (l) 11' Term: This contract shall he for o term of t��.ylS6dx commencing at 12:01 a.m. on the effective dale of this contract and ending one OkA6X79 years from such time and date. This contract may be renewed and extended for an additional period of time• upon the same terms And cond ikons as herein xet out, by n letter of agreement executed prior to the expiration of this contract by the persons then authorized to enter into contracts on behalf of SELLER and BUYER. I:. Assignment: This agreement shall enure to the benefit of, And be binding upon the parties hereto and their respective successors and assigns. ". Notice: Any notice required or authorized to be given under the terms and provixiom of this contract will be in writing and will be elivercd in person at the office Address or in the alternative will be delivered by registered mail addressed to the poet office oddres which is set out leknv following the name of the party to whom notice is being given. Said offices and moiling addresses will be considered as remaining in effect until such time as notice of a change of address is given by one party to the other in writing as herein provided in this paragraph. 14. Regulatory Bodies: This contract shall be subject to all valid rules and regulations and laws applicable hereto, passed or promulgated by the United States, the Slate of Texas and any municipal or other governmental body or agency or by any authori red mpresemalivaw or ngency of any of them, having lawful jurisdiction. 15. This contract is made and entered into in Beaumont, Jefferson County. Texas. is performable in all pmrliculan in said, Jefferson Coun. Iy.Texas,'hall be construed and enforced in accordance with the laws of the Stale of 'Texas and any cause of action hereunder shall be riled and maintained in n court of competent jurisdiction in Jefferson County, Texas. IN WITNESS WHEREOF, the SELLER and BUYER have caused this Contract and Agreement to be executed by their respective duly authorized officers and have caused their respective seals to he hereunto nM-d nit of the effective date above stated. Secretary C� D —Sec;�W LOWER NECHES VALLEY AUTHORITY, Seller Office Address: Mailing Address: 7850 Enstex Freeway P. 0. Drawer 3484 Beaumont, Texas 77708 Beaumont, Texas 77704 President City of Nederland Bayer Moiling Adder,: P.O. Box 967 _ Npd 1 fly 0.t/n r (Offices Titla) 1 1 1 16 LOWER NECHES VALLEY AUTHORITY WATER RATES IN 1,000 (M) GALLONS EFFECTIVE JANUARY 1, 1998 INDUSTRIAL AND MUNICIPAL Rate Number 1. Less than 1 million gallons per day ($25.00 per month minimum) All water at a rate of 11.91¢ per M Gallons 2. Minimum - 1 million gallons per day All water at a rate of 11.31¢ per M Gallons 3. Minimum - 2 -1/2 million gallons per day All water at a rate of 9.09¢ per M Gallons 4. Minimum - 5 million gallons per day All water at a rate of 8.60¢ per M Gallons 5. Minimum - 8 million gallons per day All water at a rate of 8.22¢ per M Gallons All minimum charges are assessed on a take or pay basis for daily consumption averaged over a one month period. L 162 CITY OF NEDERLAND RESOLUTION 1998 -14 ' ESTABLISHMENT OF JUST COMPENSATION AND OFFER TO ACQUIRE AN EASEMENT WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, said City is the Grantee of a Texas Community Development Grant, contract 716591, which will provide sewer improvements to the Wagner Subdivision, and WHEREAS, an appraisal and review appraisal of 3,940 square foot tract at 1429 Avenue H has been made in order for the City to obtain the tract to construct a sewer line. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nederland does formally establish just compensation of Six Hundred and No /100 Dollars ($600.00) based on the appraisal and review appraisal of the tract and does hereby offer to acquire an easement from Chalmos L. White. PASSED AND APPROVED this the i3 day of �4 L,&— f ` 1998 Homer E. Nagel, MayorT City of Nederland, Texas , ATTEST: LaDonna Floyd, City Se rec tary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, CMy Attorney City of Nederland, Texas 1 CITY OF NEDERLAND RESOLUTION 1998 -15 ESTABLISHMENT OF JUST COMPENSATION AND OFFER TO ACQUIRE PROPERTY WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, said City is the Grantee of a Texas Community Development Grant, contract 716591, which will provide sewer improvements to the Wagner Subdivision, and WHEREAS, an appraisal and review appraisal of Lot 1, Block 1 in the Exclusive Estates Addition has been made in order for the City to obtain the tract to construct a lift station. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nederland does formally establish just compensation of Four Thousand Two Hundred and No /100 Dollars ($4,200.00) based on the appraisal and review appraisal of the tract and does hereby offer to purchase the tract of land from Exclusive Estates. PASSED AND APPROVED this the 13 day of 1998 omer E. Nagel, Mayor City of Nederland, Texas ATTEST: &'U"a. � of LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, ity Attorney City of Nederland, Texas 1 163 164 RESOLUTION 1998 -13 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, 1998 AND ENDING SEPTEMBER 30,1999. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the fiscal year beginning October 1, 1998 and ending September 30, 1999; 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 7:00 p.m., July 27, 1998, 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 /5 day of July, A.D., 1998. 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, C ty Attorney City of Nederland, Texas 1 1U710 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 27, 1998 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 July 13, 1998 meeting as written. All Voted Aye. CITIZEN A motion was made by Mayor Nagel and seconded by Councilman REQUEST Nugent to postpone taking action on a request from Jim Williamson, 1808-28 th Street, regarding a business located in the newly annexed area that is zoned residential. All Voted Aye. Mayor Nagel stated that after discussions with legal counsel it was decided that due to the fact that during the annexation proceedings the City did state that all properties will be "grandfathered" under all ordinances until such time the property is either sold or ceases to be used as it currently is, we were advised to make no changes in the agreement. CONTRACTS/ A motion was made by Councilman Daughtry and seconded by AGREEMENTS Councilman Sawyer to postpone approving a contract with Applied Geological Technologies for remediation work at the Service Center and declaring an emergency situation. All Voted Aye. RESOLUTION A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Resolution 1998 -16, authorizing publication of Notice of Intention to issue Certificates of Obligation to fund the costs of upgrades to the Wastewater Treatment Facility, sanitary sewer system lift station and force mains, and related costs. All Voted Aye. 1 V V Minutes continued, July 27, 1998 A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve Resolution 1998 -17, establishing an account with Edward Jones. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1998 -18, authorizing participation with the Texas Department of Transportation for intersection improvements projects. All Voted Aye. INVESTMENT Cheryl Dowden, City Treasurer, presented the Quarterly Investment REPORT Report for the period ending June 30, 1998. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the Quarterly Investment Report as presented. 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 $3,352.18, drainage study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by , Councilman Nugent to authorize payment to Schaumburg & Polk, Inc. in the amount of $6,911.01, Sanitary Sewer Evaluation Survey. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. in the amount of $ 7,653.09, wastewater treatment facility improvements. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman SESSION Nugent to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that we received the new rates COMMENTS for health insurance and there will be no increase this year, however, the rates for dental insurance has increased. Employee coverage increased from $14.54 to $16.28 and dependent coverage went from $21.88 to $24.52. Mr. Wimer reported that the Nederland Avenue rehabilitation project ' began today. Minutes continued, July 27, 1998 The City Manager presented a chart to the Council regarding the payback to developers for Carriage Estates. After an investigation into the matter it appears that the City may owe Mr. Tompkins $3,379.44. RECESS The regular meeting was recessed at 6:40 p.m. by Mayor Nagel. RECONVENE The regular meeting was reconvened at 7:00 p.m. by Mayor Nagel. PUBLIC HEARING A Public Hearing was called to order at 7:00 p.m. by Mayor Nagel for the purpose of receiving comments regarding the proposed City of Nederland fiscal Year 1998 -99 budget. Andre' Wimer, City Manager, briefly reviewed the proposed budget. He stated that the total of all funds is $17,421,782. Mr. Wimer highlighted the significant changes in expenditures and revenues. There being no questions and /or comments the Public Hearing was adjourned at 7:15 p.m. by Mayor Nagel. CAPITAL Andre' Wimer, City Manager, reviewedthe proposed Five Year Capital IMPROVEMENT Improvement Program for the years 1999- 2003whichidentifies capital PROGRAM expenditures /projects totaling $15,371,125. He briefly reviewed each category of the CIP which included Water Treatment and Storage, Water Distribution System, Wastewater Treatment, Wastewater Collection System, Street Improvements, and Facility Improvements. ADJOURN There being no further business the meeting was adjourned at 7:28 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 1 LaDonna Floyd, City Secretary City of Nederland, Texas 16"7 ibb 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 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 n�o� w�. Gnu d City Secretary 9.0 Date [J 1 RESOLUTION NO. 1998 -16 169 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION OF THE CITY OF NEDERLAND, TEXAS TO ISSUE CERTIFICATES OF OBLIGATION TO FUND THE COSTS OF UPGRADES TO A SEWAGE TREATMENT PLANT, SANITARY SEWER SYSTEM LIFT STATIONS AND FORCE MAINS AND CERTAIN OTHER COSTS RELATED AND INCIDENTAL THERETO THE STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF NEDERLAND § WHEREAS, the City Council of the City of Nederland, Texas, deems it advisable to issue Certificates of Obligation to fund (1) acquisition, construction, and equipping of upgrades to its sewage treatment plants, (2) acquisition, construction, and equipping of sanitary sewer lift stations and for mains, and (3) certain other costs related and incidental thereto, in accordance with the Notice hereinafter set forth, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the form attached hereto as "Exhibit A" and made a part hereof. 5049707 170 Section 3. The notice set forth in "Exhibit A" to this Resolution shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the City of Nederland, the date of the first publication to be before fourteen (14) days prior to the date set in said notice for the issuance of Certificates of Obligation. Section 4. The Mayor, City Secretary, and other officers of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Resolution. Section 5. This Resolution shall take effect immediately upon its passage. PASSED, APPROVED, AND ADOPTED this a, ATTEST: LaDonna Floyd, City Secretary (SEAL) 5049707 -2- Homer Nagel, Mayor City of Nederland, Texas 1 EXHIBIT A ' NOTICE OF INTENTION TO ISSUE CITY OF NEDERLAND CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Nederland, Texas (the "City "), shall convene at 6:00 p.m. o'clock p.m. on August 24, 1998, at its regular meeting place in the City Office Building, 1400 Boston Avenue, Nederland, Texas, of said- City and during such meeting, such City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $5,000,000 for the purpose of paying contractual obligations to be incurred (1) for the acquisition, construction, and equipping of upgrades to its sewage treatment plant and lift stations and force mains and (2) for professional services. The certificates of obligation will be payable from the levy of an annual ad valorem tax, within the limits prescribed by law, upon all taxable property within the City and from a pledge of certain available net revenues derived from the operation of the City's water and sewer system. The certificates of obligation are issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Section 271.049, as amended. ' /s/ Homer Nagel Mayor 1 sosmm -1- 111 172 CITY OF NEDERLAND RESOLUTION 1998 -17 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AUTHORIZING OPENING AN ACCOUNT WITH EDWARD JONES COMPANY AND DESIGNATING AUTHORIZED REPRESENTATIVES WHEREAS, the City of Nederland, Texas is a local government of the State of Texas; and WHEREAS, it is in the best interest of the City 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City shall enter into an agreement to establish an account in its name with Edward Jones Company; and THAT the individuals, whose signatures appear on this resolution, are authorized representatives of the City and are each hereby authorized to transmit funds for investment 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 and appropriate for the investment of local funds. List of the authorized representatives of the City Andre' Wimer City Manager Cheryl Dowden City Treasurer,�ryi.r THAT attachment "A" represents details of the agreement specified by Edward Jones Company. THAT this resolution and its authorization shall continue in full force and effect until amended or revoked by the City and until Edward Jones Company receives a copy of any such amendment or revocation. PASSED AND APPROVED this the?2day of , 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 1 ." o,►d LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Z- "t"I &/L'4-� Richard D. Hughes, City Attorney City of Nederland, Texas Cl 1 173 174 ORPACCT ECTOR CODE: ACCOUNT #: CUSTOMER NAME: Edward Jones: EdwardJones DESTINATION: City of Nederland, Texas IR NUMBER: 407384 DATE: CORPORATE ACCOUNT FORM The undersigned Corporation, by its President, pursuant to the resolutions, a copy of which, certified by the secretary, is annexed hereto, hereby authorized you to open an account in the name of said Corporation; and the undersigned also enclosed herewith your Customer's Agreement duly executed on behalf of the Corporation by a written notice, addressed to you and delivered at your office at 201 Progress Parkway, Maryland Heights, MO 63043. City of Nederland by: (Corporation Name) ` (BKeir, lgs kr. Signature) (Dated) Mayor's As Secretary of said Corporation, I hereby certify that the annexed resolutions were duly adopted at a meeting of the Board of Directors of said Corporation, duly held on the day of , at which quorum of said Board of Directors was present and acting throughout and that no action has been taken to rescind or amend said resolutions and that the same are now full force and effect. I further certify that each of the following has been duly elected and is legally holding the office of: (Please type or print officers names below) Homer E. Nagel Print Rxuxldunt Name Mayor Mike Radcliff nt Truxxurur Name Mayor Pro —Tem Robert Sawyer LaDonna Floyd Print Name Print SuuKxxary Name Councilman, Ward I City Secretary I further certify that the said Corporation is duly organized and existing and has the power to take the action called for by the resolutions annexed hereto. IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of the said Corporation this o27 day of Q c. Q.. 11999- (Seal) ` �p�Nyp cX� If applicable (Secretary's ignature) m (OVER) 1 1 175 CERTIFIED COPY OF CERTAIN RESOLUTIONS ADOPTED BY THE BOARD OF DIRECTORS WHEREBY THE ESTABLISHMENT & MAINTENANCE OF TRADING ACCOUNTS HAVE BEEN AUTHORIZED RESOLVED — Mayor, Mayor Pro— Tem,City Secretary FIRST: That the RWjBa , iflf:& WRW, SEERFAA Y, and TREM RER of this Corporation, or or be and they ere y are, an each o em ere y is, authorize a an empowered, or an on e a of this Corporation (herein called the "Corporation "), to establish and maintain one or more accounts, which may be marginal accounts, with EDWARD JONES (herein called the "Brokers ") for the purpose of purchasing, investing in, or otherwise acquiring, selling (including short - sales), possessing, transferring, exchan ing, pledging, or otherwise disposing of, or turning to account of, or realizing upon,and generally dealing in and with: ?a) any and all forms of securities including, but not by way of limitation, shares, stocks, bonds, debentures, notes, scrip, participation certificates, rights to subscribe, option warrants, certificates of deposit, mortgages, choses in action, evidences of indebtedness, commercial paper, certificates of indebtedness and certificates of interest of any and every kind and nature whatsoever, secured or unsecured whether represented by trust, participating and /or other certificated or otherwise; and (b) any and all commodities and /or contract for the future delivery thereof, whether represented by trust, participating and or other certificates or otherwise. The fullest authority at all times with respect to any such commitment or with respect to any transaction deemed by any of the said officers and /or agents to be proper in connection therewith is hereby conferred, including authority (without limiting the generality of the foregoing) to give written or oral instructions to the Brokers with respect to said transactions; to borrow money and securities and if transactions in commodities are authorized hereby to borrow commodities and /or future contracts in commodities from or through the Brokers, and to secure repayment thereof with the property of the Corporation: to bind and obligate the Corporation to and for the carrying out of any contract, arrangement, or transaction, which shall be entered into by any such officer and /or agent for and on behalf of the Corporation with or through the Brokers; to pay in cash or by checks and /or drafts drawn upon the funds of the Corporation such sums as may be necessary in connection with any of the said accounts; to deliver securities, contracts and /or commodity futures to the Brokers; to order the transfer of delivery thereof to any other person whatsoever, and /or to order the transfer of record on any securities, or contracts, or titles to any name selected by any of the said officers or to endorse any securities and /or contracts in order to pass title thereto; to direct the sale of exercise of any rights with respect to any securities, to sign for the Corporation all releases, powers of attorney, and /or other documents in any such ' account, to direct the Brokers to surrender any securities to the proper agent or party for the purpose of effecting any exchange or conversion, or for the purpose of deposit with any protective or similar committee, or otherwise; to accept delivery of any other person or persons to do any and all things which any of the said officers and /or agents is hereby empowered to do, and generally to do and take all action necessary in connection with the account, or considered desirable by such officer and /or agent with respect thereto. SECOND: That the Brokers may deal with any and all of the persons directly or indirectly by the foregoing resolution empowered, as though they were dealing with the Corporation directly. THIRD: That the secretary of the Corporation be and he hereby is authorized, empowered and directed to certify, under the seal of the Corporation to the Brokers: a) A true copy of these resolutions b) Specimen signatures of each and every person by these resolutions empowered c) A certificate (which, if required by the Brokers, shall be supported by an opinion of the general counsel of the Corporation, or other counsel satisfactory to the Brokers) that the Corporation is duly organized and existing, that its charter empowers it to transact the business by these resolutions defined, and that no limitation has been imposed upon such powers by the By -Laws or otherwise. FOURTH: That the Brokers may rely upon any certification given in accordance with these resolutions, as continuing fully effective unless and until the Brokers shall receive due written notice of a change in our recission of the authority so evidenced, and the dispatch or receipt of any other form of notice shall not constitute a waiver of this provision, nor shall the fact that any person hereby empowered ceases to be an officer of the Corporation or becomes an officer under some other title in any way affect the powers hereby conferred. The failure to supply any specimen signature shall not invalidate any transaction if the transaction is in accordance with authority actually granted. FIFTH: That, in the event of any change in the office or powers of persons hereby empowered, the Secretary shall certify such changes to the Brokers in writing in the manner hereinabove provided, which notification, when received shall be adequate both to terminate the powers of the persons theretofore authorized, and to empower the persons thereby substituted. ' SIXTH: That the foregoing resolutions and the certificates actually furnished to the Brokers by the Secretary of the Corporation pursuant thereto, be and they hereby are made irrevocable until written notice of the revocation thereof shall have been received by the Brokers. REV.9 /96 CITY OF NEDERLAND RESOLUTION 1998 -18 A RESOLUTION AUTHORIZING PARTICIPATION BY THE CITY OF NEDERLAND IN THE CONGESTIONS MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM AND APPROVING AN AGREEMENT WITH THE TEXAS DEPART- MENT OF TRANSPORTATION. WHEREAS, the City of Nederland is a member of the South East Texas Regional Planning Commission ( SETRPC); and WHEREAS, the SETRPC has previously submitted and received approval of a project involving improvements to numerous intersections throughout the area; and WHEREAS, the State of Texas and the City of Nederland desire the improvement of the intersections of South 27`h Street at Avenue H and 27`h Street and Helena Avenue; and WHEREAS, the State shall provide 100% of the construction cost of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City will participate in the Congestion Mitigation and Air Quality Improvement Program for the purpose of improvements to the intersections of South 27`h Street at Avenue H and 27`h Street at Helena Avenue; and THAT the Mayor is hereby authorized to execute a contract with the Texas Department of Transportation for the intersection improvement projects. ADOPTED BY THE CITY COUNCIL of the City of Nederland this the o?? day of 1998. Homer E. Nagel, Mayor c City of Nederland, Texas Crib *1Ml LaDonna Floyd, City Secretary ' City of Nederland, Texas 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 1998 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund Police Narcotics Fund SRF Escrow Fund MCML Solid Waste Fund Equipment Replacement Fund Economic Development Fund Parks & Recreation Special Fund Bond Redemption Fund Bond Fund Balance @ Balance @ 4 -1 -98 Purchases Maturities 6 -30 -98 2,650,000.00 4,265,727.35 4,250,000.00 2,665,727.35 480,004.51 243,046.08 470,000.00 253,050.59 2,000,000.00 2,598,819.39 2,400,000.00 2,198,819.39 0.00 10,012.39 0.00 10,012.39 250,000.00 200,578.15 250,000.00 200,578.15 910,000.00 2,338,877.47 1,840,000.00 1,408,877.47 55,000.00 177,000.00 165,000.00 67,000.00 4,753,700.00 9,768,700.00 9,507,400.00 5,015,000.00 0.00 57,000.00 0.00 57,000.00 150,000.00 160,000.00 150,000.00 160,000.00 1,237,000.00 2,905,000.00 2,427,000.00 1,715,000.00 20,000.00 13,016.11 20,000.00 13,016.11 0.00 199,301.06 0.00 199,301.06 0.00 260,000.00 0.00 260,000.00 12,505704.51 21,19 078.00 21,479,400.00 14,223,382.51 Fund Allocation at June 30, 1998 (15.5 %) Water & Sewer Fund (1.8 %) Library Fund (1.4 %) Solid Waste Fund (9.9 %) Capital Outlay Fund (18.7 %) General Fund Other 1.8 %) Bond Fund (1.4 %) Band Redemption Fund (12.1 %) Economic Development Fund (35.3 %) SRF Escrow Fund (1.1 %) Equipment Replacement Fund 177 178 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 1998 Investments at Beginning of Period (4 -1 -98) $12,505,704.51 Purchases 23,197,078.00 Maturities 21,479,400.00 Investments at End of Period (6- 30 -98) $14,223,382.51 Maturity Summary at June -W 1998 93 Less than 3 months 0 3 to 6 months w 9 to 12 months 1 1 ' City of Nederland Investment Report Schedule Investment Balance at June 30, 1998 Certificates of Deposit Held at June 30, 1998 Days Purchase Maturity to be Interest Certificate Number Date Date held Rate Face Amount 199e. Interest Amount Maturity Value 1 0642399 06/05/98 07/07/98 32 3.6100% 25,000.00 79.12 25,079.12 0642409 06/05/98 07/07/98 32 4.6100% 200,000.00 808.33 200,808.33 0642412 06/05/98 07/07/98 32 4.6100% 100,000.00 404.16 100,404.16 0642425 06/05/98 07/07/98 32 4.6100% 400,000.00 1,616.66 401,616.66 0655218 06/11/98 07/13/98 32 4.6700% 3,700,000.00 15,148.71 3,715,148.71 0655250 06/11/98 07/13/98 32 4.6700% 200,000.00 818.85 200,818.85 0655412 06/11/98 07/13/98 32 4.6700% 100,000.00 409.42 100,409.42 0655852 06/11/98 07/13/98 32 4.6700% 160,000.00 655.08 160,655.08 0655959 06/11/98 07/13/98 32 4.6700% 260,000.00 1,064.50 261,064.50 0656068 06/11/98 07/13/98 32 4.6700% 196,000.00 802.47 196,802.47 0656097 06/11/98 07/13/98 32 4.6700% 900,000.00 3,684.82 903,684.82 0664429 06/15/98 07/17/98 32 3.7000% 30,000.00 97.32 30,097.32 0675515 06/19/98 07/21/98 32 4.8100% 1,300,000.00 5,482.08 1,305,482.08 0675586 06/19/98 07/21/98 32 3.8100% 57,000.00 190.40 57,190.40 0675706 06/19/98 07/21/98 32 4.8100% 290,000.00 1,222.93 291,222.93 0685042 06/23/98 07/24/98 31 4.7100% 12,000.00 48.00 12,048.00 0685068 06/23/98 07/24/98 31 4.7100% 15,000.00 60.00 15,060.00 0685084 06/23/98 07/24/98 31 4.7100% 200,000.00 800.05 200,800.05 0692695 06/26/98 07/27/98 31 4.5600% 100,000.00 387.29 100,387.29 0703063 06/30/98 07/31/98 31 4.5700% 280,000.00 1,086.78 281,086.78 9102617 02/03/98 08/01/98 179 5.0300% 200,000.00 4,933.53 204,933.53 0685107 06/23/98 08/24/98 62 4.9000% 200,000.00 1,664.66 201,664.66 0685136 06/23/98 08/24/98 62 4.9000% 100,000.00 832.33 100,832.33 0685165 06/23/98 08/24/98 62 4.9000% 325,000.00 2,705.07 327,705.07 2580086 01/01/98 01/01/99 365 5.0000% 10,004.51 500.23 10,504.74 Totals for Certificates of Deposit $9,360,004.51 $45,502.80 $9,405,507.31 1 180 PagE 1 City of Nederland Investment Report Schedule ' Investment Balance at June 30, 1998 Investment Pool - TEXPOOL Days to Average Matur Interest Accrued ity Rate Market Principal Interest Book Value General Fund 04/01/98 06/30/98 1 5.57% 2,151,686.34 14,041.01 2,165,727.3' Water & Sewer 05/06/98 06/30/98 1 5.58% 1,690,000.00 8,819.39 1,698,819.35 Parks & Rec. Fund 06/23/98 06/30/98 1 5.66% 13,000.00 16.11 13,016.11 Bond Redemp. 06/29/98 06/30/98 1 5.88% 3,300.00 1.06 3,301.0( Capital Outlay Fund 06/11/98 06/30/98 1 5.61% 627,000.00 1,877.47 628,877.4" Motel Occupancy 06/23/98 06/30/98 1 5.66% 10,000.00 12.39 10,012.35 Library Special 06/29/98 06/30/98 1 5.88% 143,000.00 46.08 143,046.0,1 Solid Waste Fund 06/11/98 06/30/98 1 5.61% 200,000.00 578.15 200,578.1` Totals for TEXPOOL Investments $4,837,986.34 $25,391.66 $4,863,378.0( Interest Earnings for Quarter Ended June 30, 1998 Bond Fund 632.05 ' Bond Redemption Fund 477.53 Capital Outlay 11,903.81 Equipment Replacement Funds 649.34 General Fund 29,942.71 Library Fund 1,091.27 MCML Solid Waste Fund 65.45 Motel Occupancy Tax Fund 12.39 Nederland Economic Development 14,277.19 Parks & Recreation Special Fund 44.25 Police Narcotic Account 527.56 Solid Waste Fund 1,592.01 SRF 1996 Escrow Fund 50,404.28 Water Fund 19,841.66 $131,461.50 1 181 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. August 10, 1998 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 July 27, 1998 meeting as written. All Voted Aye. DONATION Representatives of the Huntsman Corporation presented two (2) defibrillators to the City for use by the Fire Department. Fire Chief Mike Lovelady and Firefighter Terry Sonier accepted the donation. Mayor Nagel thanked the Huntsman Corporation for their contribution to the Fire Department. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the donation of defibrillators from the Huntsman Corporation for use by the Fire Department. All Voted Aye. DRAINAGE Greg Frank, Costello, Inc., updated the Council on the Main C drainage study. Mr. Frank stated that preliminary field investigations have been performed to identify the surveying needs in the targeted area. He further stated that a Request for Proposals had been prepared and submitted for surveying work. Andre Wimer, City Manager, stated that Costello, Inc. had received two (2) proposals for survey work for the Main C drainage study - Schaumburg & Polk, Inc. in the amount of $23,000, and Soutex Surveyors, Inc. in the amount of $39,700. He further stated that City staff recommends that the contract be awarded to Schaumburg & Polk, Inc. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to award the surveying work for the Main C drainage study to Schaumburg & Polk, Inc. in the amount of $23,000. All Voted Aye. tb;! Minutes continued, August 10, 1998 APPOINTMENTS Mr. Wimer mentioned that the Council had previously been provided with information concerning the formation of a Construction Board of Appeals. He further explained that the Standard Building Code references such a board, which is utilized for situations involving technical construction - related matters and this Board would allow for expertise in that area. He added that staff has provided Council with eight (8) people who are willing to serve on this Board. The Board would be comprised of seven (7) members and up to two (2) alternates according to the Standard Building Code. Mr. Wimer stated that one (1) of the members would serve as an alternate and Council would have the option of appointing one (1) additional alternate. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to appoint the following members to the Construction Board of Appeals: Name Proposed Term Lenqth Steve Gentile 3 years Boyd Meier 3 years Harold Locke ' 3 years Jackie Miller 2 years Bob Smith 2 years Mike Spell 2 years John Ritter 1 year Bill Wills 1 year Al Voted Aye. LICENSE TO A motion was made by Councilman Nugent and seconded by Council - ENCROACH man Radcliff to approve a License to Encroach for the property located at 1013 S. 15`h Street (Lot 1, Block 1, Wagner IV Addition) as recommended by the Zoning Board of Appeals. All Voted Aye. WATER A motion was made by Councilman Nugent and seconded by Council - TREATMENT man Radcliff to postpone action regarding the duplex air compressor PLANT at the Water Treatment Facility. All Voted Aye. CAPITAL A motion was made by Councilman Sawyer and seconded by IMPROVEMENT Councilman Daughtry to approve the Five Year Capital Improvement PROGRAM Program for 1999 -2003. All Voted Aye. Minutes continued, August 10, 1998 BUDGET A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1998 -04, an appropriation ordinance adopting the budget for fiscal 1998 -99 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 Nugent to propose that the tax rate remain at $.70/$100 valuation and set a Public Hearing on the tax rate for Monday, August 24, at 6:00 p.m. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve payment of the bills for the month of July. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman SESSION Sawyer to postpone the Executive Session. All Voted Aye. ' OFFICIALS' Andre Wimer, City Manager, reviewed a letter recently received from COMMENTS the Lower Neches Valley Authority, advising that the water level in Sam Rayburn Reservoir has reached a Zone 3, which requires them to immediately install the temporary salt water barriers. He further stated that all LNVA customers are requested to begin implementation of water conservation as soon as possible. Mr. Wimer reported that he would meet with city officials from Port Neches and Groves to determine the appropriate action to implement regarding this matter. Mr. Wimer announced that the new library is nearing completion and the furniture and fixtures are due to be in place by the end of August, at which time the library materials will be moved into the new building. Mr. Wimer mentioned that the Council had received correspondence from TCI Cablevision regarding a proposed resolution which would change the name from TCI Cablevision to Texas Cable Partners, L.P. Mr. Wimer stated that Tri -City Sweeping, Inc. swept the City streets on a trial basis. He further stated that the City is awaiting the cost for these services and will be meeting with Port Neches and Orange to ' discuss contracting with Tri -City Sweeping, Inc. Mr. Wimer reminded Council that the Nederland Educational Foundation breakfast will be held Tuesday, August 11, from 7:00 - 9:00 a.m. at Casa 016 at Central Mall. 1183 184 Minutes continued, August 10, 1998 Councilman Daughtry requested that City staff investigate the possibility of reducing the speed limit on Nederland Avenue during , the construction period. The City Manager stated that this request would require Council action and City staff would contact the Texas Department of Transportation, who is contracting the project, and determine what procedures they would need to follow. ADJOURN There being no further business the meeting was adjourned at 3:50 p.m. by Mayor Nagel. ATTEST: Lois Coco, Acting City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 185 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 C6L City Secretary Date 186 ORDINANCE NO. 1998 -04 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999, 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 year beginning October 1, 1998 and ending September 30, 1999. 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 27, 1998, 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, six hundred seventy -nine thousand, six hundred sixty -seven dollars and no cents ($5,679,667.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 17,800 b. Legal 40,800 c. City Manager 279,232 d. Finance 210,525 e. Personnel 152,520 f City Hall 43,010 g. Police 1,719,863 h. Fire 936,254 i. Fire Volunteers 19,600 j. Inspections 122,165 k. Public Works Administration 155,287 1. Street Department 748,793 m.City Shop 157,641 n. Parks & Recreation 393,331 o. Library 297,823 p. Other Requirements 385,023 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, five hundred thirty -three thousand, four hundred thirty -one dollars and no cents ($1,533,431.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. C L Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of Four million, seven hundred ninety -five thousand, eight hundred twenty dollars and no cents ($4,795,820.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment $ 797,758 b. Billing /Collections 268,281 c. Wastewater Treatment 632,735 , d. Water & Sewer Distribution 724,806 e. Sanitary Sewer Evaluation 360,000 f. Annexation -West 1,060,000 g. Annexation -East 65,000 h. Other Requirements 887,240 18'7 Section 4 - SOLID WASTE B TND. That there be and is hereby appropriated the sum of One million two thousand dollars and no cents ($1,002,000.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 5 - EQUIPMENT REPLACEMENT FUND-GENERA . That there be and is hereby appropriated the sum of One hundred twenty -two thousand, ninety dollars and no cents ($122,090.00) to the Equipment Replacement Fund - General for the payment of necessary capital outlay. Section 6 - EQITIPMENT REPLACEMENT FUND -WATER & SEU/FR, That there be and is hereby appropriated the sum of Seventy -five thousand dollars and no cents ($75,000.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT F TNT) -SOU D WASTE. That there be and is hereby appropriated the sum of One hundred thirty thousand dollars and no cents ($130,000.00) to the Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 8 -CAPITAL OUTLAY FUND. That there be and is hereby appropriated the sum of Five hundred eighty -two thousand dollars and no cents ($582,000.00) 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 Thirty -seven thousand dollars and no cents ($37,000.00) 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 One hundred eighteen thousand, four hundred eighty -seven dollars and no cents ($118,487.00) 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, seven hundred seventy -one thousand dollars and no cents ($2,771,000.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 12 - HOTELIMOTEL FUND_. That there be and is hereby appropriated the sum of Sixty - five thousand dollars and no cents ($65,000.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 13 - HAZ -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 thirteen thousand, two hundred dollars and no cents ($113,200.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 15 - MID- COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That there be and is hereby appropriated the sum of Three hundred sixty -three thousand, ninety -two dollars and no cents ($363,092.00) 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 I, 1998 and ending September 30, 1999. F THAT the City Council shall meet and adopt an Ordinance levying on the assessed • s 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, 1998, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1998 and ending September 30, 1999, 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 THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 10th DAY OF AUGUST, A.D., 1998. 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. Huihest& Attorney City of Nederland, Texas 1 ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 24, 1998 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 Daughtry and seconded by Councilman Sawyer to approve the minutes of the August 10, 1998 meeting as written. All Voted Aye. TAX RATE The regular meeting was recessed and a Public Hearing was called ' to order at 6:02 p.m. by Mayor Nagel for the purpose of receiving comments regarding the proposed tax rate of $.70 per $100 valuation for the fiscal year beginning October 1, 1998 and ending September 30, 1999. Andre' Wimer, City Manager, stated that a notice of this meeting was published in the local newspaper as required by state statutes. He added that there would be an increase of 8.7% in total properties, however, actual change on an average household would be only $.51. There being no questions and /or comments the Public Hearing was adjourned at 6:04 p.m. and the regular meeting was reconvened. A motion was made by Councilman Sawyer and seconded by Councilman Nugent calling for a Special Meeting to be held August 31, 1998 at 3:00 p.m. to adopt the tax rate for the fiscal year beginning October 1, 1998 and ending September 30, 1999. All Voted Aye. - ' CITY SERVICES A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. All Voted Aye. 1.90 Minutes continued, August 24, 1998 STREET A motion was made by Councilman Nugent and seconded by , CLOSURE Councilman Radcliff to authorize the closure of 20`h Street from Nederland Avenue to Avenue B and Avenue A at 215` Street on September 12, 1998, from 1:00 - 7:00 p.m. for First Baptist Church activities. All Voted Aye. LIBRARY A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a Policies and Procedures Manual for the Marion and Ed Hughes Public Library. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1998 -08, establishing fees for the Marion and Ed Hughes Public Library. All Voted Aye. ORDINANCES A motion was made by Councilman Sawyer and seconded by Councilman Daughtryto approve Ordinance No. 1998 -05, authorizing the issuance of City of Nederland, Texas Tax and Subordinate Lien Revenue Certificates of Obligation, Series 1998; and levying an ad valorem tax; pledging certain net revenues; authorizing the execution of a transfer and paying agency agreement; and other matters related , to funding the costs of upgrades to the Wastewater Treatment Facility, sanitary sewer system lift station and force mains. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1998 -06, water and sewer rates, to be effective October 5, 1998. All Voted Aye. RESOLUTIONS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Resolution 1998 -19, initiating certain water conservation measures. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Resolution 1998 -20, supporting proposed improvements to U.S. Highway 69 from Lumberton to Zavalla. All Voted Aye. AUDITOR A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to appoint the firm of Hollidays, Lemons, ' Thomas & Cox, P.C. to perform the City's audit for fiscal 1997 -1998 in an amount not to exceed $23,000. All Voted Aye. 191 Minutes continued, August 24, 1998 ' BIDS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the advertisement of bids for concrete street repairs. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to postpone authorizing the advertisement of bids for basketball and racquetball court flooring at the Recreation Center. All Voted Aye. BUDGET A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve amendments (see attached) to the 1997 -1998 budget. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Ordinance No. 1998 -07, amending the 1997 -1998 budget. 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 ' $141.57, Main "C" drainage study. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. as follows: $5,569.18, wastewater system improvements; and, $753.50, Sanitary Sewer Evaluation Survey. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Kinsel Industries, Inc. in the amount of $33,183.50, Estimate No. 1, sludge dewatering facility. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman SESSION Sawyer to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, informed the Council that the Knights of Columbus annual employee appreciation dinner has been scheduled for November 10, 1998. He added that we will once again be presenting service awards at the dinner. ' Mr. Wimer presented the Council with a copy of the Community Development Plan as prepared by Kenneth Balk & Associates, Inc. This Plan will be presented to the Planning and,Zoning Commission for their review and recommendation. 1 J4 Minutes continued, August 24, 1998 ADJOURN There being no further business the meeting was adjourned at 7:15 I p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City S cretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas .t r. 1 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET i 9:3 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 ✓ ' � ^- �� z� - ayor City Secretary Date ]. 9 4 CITY OF NEDERLAND , ORDINANCE NO. 1998 -08 AN ORDINANCE ESTABLISHING A FEE SCHEDULE INCLUDING OVERDUE FINES, LOST AND DAMAGE FEES, PROCESSING FEES, AND MISCELLANEOUS FEES FOR THE MARION & ED HUGHES PUBLIC LIBRARY AS SHOWN IN EXHIBIT "A" ATTACHED, AND REPEALING ORDINANCE NO. 1996 -02. SECTION 1. Repeal of Previous Ordinances and Reeulations. 1. All other ordinances and/or regulations governing City ofNederland library fees in conflict with this ordinance are hereby repealed when this ordinance takes effect. WHEREAS, the City Council of the City of Nederland has been presented a schedule of fees for the Marion & Ed Hughes Public Library for its acceptance and adoption, including a fee schedule for overdue fines, lost and damage fees, processing fees, and miscellaneous fees; WHEREAS, the City Council ofthe City ofNederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the fee schedule for the Marion & Ed Hughes Public Library as shown in Exhibit "A" attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I NEDERLAND,TEXAS: THAT the schedule of fees for the Marion & Ed Hughes Public Library as shown in Exhibit "A" attached, which is incorporated herein by reference, is hereby approved and adopted. THAT this amendment shall take effect and be in force from and after its passage. PASSED AND APPROVED this the cZ`/ day of Q,A, 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: aft vc LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att mey City of Nederland, Texas -F ' E. FEE SCHEDULE (proposed revision 12/10/97) The Library Director has the authority to waive or negotiate payment of fines or fees, for materials and meeting rooms, based on extenuating circumstances. The non - resident fee can only be waived by action of the Citv Council 1 1 195 ITEM OVERDUE•. FINES I LOST OR DAMAGED I FEE " PROCESSING FEE Books, adult 50.10 /da y 525.00 $5.00 Books, juvenile 50.10 /day 515.00 $5.00 Paperbacks, uncataloged SO. 1 Old a • $5.00 $1.00 Books on tape, adult 50.10 1day $35.00 $5.00 Books on tape, juvenile S0.10/day $15.00 $5.00 Videotapes S1.00/day $35.00 $5.00 Cassette kits 50.10 /day $10.00 $3.00 Periodicals 50.10 /dav $3.00 $1.00 Art prints S1.00 1da repair or replacement cost $5.00 CD -ROM S2.00/day repair or replacement cost $5.00 Audio - visual c ui ment 52.00 /hour repair or replacement cost $10.00 MISCELLANEOUS ITEMS Video case $0.50 Cassette kit bag $0.50 Barcode $0.50 Jewel case $2.00 * If the cost of the item is known, it will be assessed. MISCELLANEOUS FEES ITEM FEE Lost borrowers cards $3.00 Photocopies (per page) $0.15 Microfilm copies (per page) $0.25 Computer printouts (per page) $0.15 Non - resident fee (does not apply to city employees, NISD students, or NISD teachers) $25.00 Video or CD -ROM returned in book drop $2.00 Meeting Room Deposit (refundable if meeting room is left in good condition) $25.00 Meeting Room Fee, for use after library hours, non - refundable (per hour or part of hour. ` $10.00 Exhibit "A" 196 CITY OF NEDERLAND ORDINANCE NO. 1998 -06 AN ORDINANCE ESTABLISHING WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL, AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, AND FURTHER PROVIDING FOR INTEREST PENALTIES, RE- CONNECTION CHARGES, TRANSFER FEES, AND RETURNED CHECK FEES AND REPEALING ORDINANCE NO. 1996 -14. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the rates for utility services now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits. SECTION]. Repeal of Previous Ordinances and Reeulations. 1. All other ordinances and/or regulations governing City of Nederland water and sewer service in conflict with this ordinance are hereby repealed when this ordinance takes effect. , SECTION 2. Water and Sewer Systems. 1. The water system and sewer system are public utilities operated and maintained by the City of Nederland. The systems shall be operated in accordance with ordinances and policies adopted by the City ofNederland, State law, and/or Federal law. Subject to such requirements, the City Manager may make such reasonable regulations as to govern the water and sewer systems to ensure their continued operation. 2. For the purpose of this ordinance, the terms "water service" and "utility service" shall be inclusive of water service, sewer service, and garbage/trash services as provided by the City of Nederland. 3. For the purpose of this ordinance, the term "customer" shall mean the person responsible for payment and/or all persons acting for him/her or by his/her direction. SECTION 3. Annlication for Water Service. 1. Any person and/or business required to or desiring to obtain water service from the City of Nederland shall make application on a form supplied by the City. The application shall include: a) name of the individual to be responsible for the payment of utility service; b) the social security number of the individual responsible forpayment c) the driver's license number; d) the applicant's employer; e) the applicant's work telephone number; 0 address to be served; g) address, if different from the service address, to which bills are to be sent; h) home telephone number; and, i) the signature of the individual responsible for payment. 2. The person responsible for the payment of utility service shall agree that he/she will abide by , all ordinances, rules, policies, and/or regulations governing water and sewer service provided by the City. :E 1.9'7 SECTION 4. Installation of Service. 1. No private service lines shall be connected or tapped to any City water line unless a meter is installed by the City at that connection. 2. No private service lines shall be connected to any City sewer line unless the connection/tap has been made and /or approved by the City. 3. Not more than one (t) premise may be connected to any one (1) water and /or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master meter to serve apartment complexes, mobile home parks, etc. 4. No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service. 5. If approved by the City, additional water services may be provided to residences and /or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation, water provided by such separate service will not be discharged through the City's sewer system. SECTION 5. Water Connection/Taos. I. The City reserves the right to tap existing City water lines, set water meters, and require use of City taps and meters. 2. Any individual or business desiring a water tap shall make said request to the City. If said request, in the City's opinion, is beneficial to the City and /or does not endanger the existing water line and /or water system, the City shall provide all materials, labor and equipment to tap the existing water line. 3. The City shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: Inside Outside City City 3/4" Water Tap $ 240.00 $ 360.00 1" Water Tap 300.00 450.00 1 '' /z" Water Tap 800.00 1,200.00 2" Water Tap 1,200.00 1,800.00 Over 2" Water Tap Cost + 20% 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Taos. I . The City reserves the right to tap existing City sewer lines. 2. Any individual or business desiring a sewer tap shall make said request to the City. If said request, in the City's opinion, is beneficial to the City and/or does not endanger the existing sewer line and /or sewer collection system, the City shall provide all materials, labor and equipment to tap the existing sewer line. 3. The City shall make the final determination as to the location of the sewer tap. `a 4. The sewer connection fees are as follows: , Inside Outside City City City 4" Sewer Tap $200.00 $300.00 $ 6.50 6" Sewer Tap 300.00 450.00 Each additional 1,000 gallons* 8" Sewer Tap 400.00 600.00 3.75 SECTION 7. Water Meter and Garbage Container Deposits. .25 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be , required to pay a deposit to the City in accordance with the following schedule: Inside Outside City City 3/4" and smaller Water Meter $ 100.00 $ 100.00 Inside I" Water Meter 150.00 150.00 I' /z" Water Meter 200.00 200.00 City 1 3/4" Water Meter 250.00 250.00 $ 6.50 2" and larger Water Meter 300.00 300.00 Each additional 1,000 gallons* 2. In order to be provided with an additional garbage container, an applicant shall be required to 3.75 pay an additional deposit to the City in accordance with the following schedule: .25 Additional Garbage Container $ 75.00 , SECTION 8. Application of Deposit. I. Upon the termination ofwater service, at the request of the customer, the deposit or any portion of the deposit remaining shall be returned to the customer when water and all other charges have been paid. 2. Current customers, who continue to maintain utility service and who have, each month, paid their bill in full and by the due date specified on each individual bill for a period of twelve (12) consecutive months shall, at their request, be refunded the full amount of their deposit. SECTION 9. Previous Service - Outstanding Balance. I . Any applicant requesting water service from the City who has previously had City water service and has, at the time ofapplication, an outstanding balance on his /her previous water service must pay the outstanding balance in full in addition to the meter deposit prior to receiving new service. SECTION 10. Water Rates. The following rates shall be charged for water service: *Except as required by provisions of outside City contracts Inside Outside City City First 2,000 Gallons (Minimum) $ 6.50 $ 10.50 Each additional 1,000 gallons* 2.00 3.75 Water Line Maintenance per 1,000 gallons .25 ' .25 *Except as required by provisions of outside City contracts 199 SECTION 11. Sewer Rates. The following rates shall be charged for sewer service: Inside Outside City City First 2,000 Gallons (Minimum) $ 7.70 $ 13.40 Each additional 1,000 gallons* 1.90 2.80 Sewer Line Maintenance per 1,000 gallons .25 .25 *Except as required by provisions of outside City contracts SECTION 12. Garbage Rates. 1. All residences inside the City limits shall be required to use the City of Nederland garbage service in accordance with the following schedule: Inside City Rates (per month) $ 13.65 + sales tax* Additional Container 5.00 + sales tax* *Sales tax shall be in an amount required by law SECTION 13. Billing and Penalty. ' l . All charges on utility service bills shall be due and payable to the City at the City Office Building fifteen (15) days after the date the bill is mailed to the person responsible for payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (10 %) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Article 1446c -2 of the Revised Civil Statutes of Texas, the ten percent (10 %) penalty shall not be applied to persons age 60 or older until the 25th day after the date on which the bill was issued, provided that such person has made a request for delay, presented reasonable proofoftheir age, and is a residential customer who has occupied, and shall continue to occupy, the entire premises for which a delay is requested. 4. Should the fifteenth (15th) day fall upon a weekend, holiday, or any day that the City Office Building is closed, a grace period of two (2) days shall be granted. SECTION 14. Delinquency -Termination of Service. 1. If full payment is not received by the City by the next date at which the water meter is read, a subsequent utility bill shall be mailed for the current reading plus the amount owed on the previous billing including the ten percent (10 %) penalty. 2. If full payment is not received on the date on which the subsequent utility bill is due, all utility service shall be disconnected. A final written notice shall be delivered to the customer's premises on the Friday following the due date indicating that services shall be disconnected on the Monday immediately following the issuance of such notice. ' SECTION15. Re- connection Charges. I. Should utility service be discontinued due to non - payment of a utility bill, all funds due to the City, in addition to a re- connection fee shall be paid prior to reinstatement of utility service. the re- connection fee shall be $5.00 if reinstatement of utility service is requested during working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). The re- connection fee shall be $45.00 NE if reinstatement of utility service is requested after working hours. 200 2. Should service be discontinued, the City shall install a lock on the water meter. Should the , customer or any person tamper with the lock and damage it, a $20.00 fee shall be assessed. This fee shall be paid, in addition to all other charges, prior to reinstatement of service. 3. Should any person turn on water service, after the City has discontinued the service for non- payment, such action shall be considered a criminal offense. 4. Should a customer be repeatedly disconnected due to non - payment, the City may require the following: a. Payment for the delinquent bill in the form of cash, money order, and /or cashier's check. b. The City retains the option of requiring payment for utility bills by cash, money order, and /or cashier's check for all future utility billings. SECTION 16. Transfer Fee. 1. A transfer fee, in the amount of$15.00, shall be assessed for transferring service within the City's utility service system. When requesting a transfer, the customer shall pay the amount due on the current service in addition to the transfer fee. SECTION 17. Returned Check Fees. I. Any customer who pays his/her utility bill with a check which is returned from the financial institution due to, but not limited to, insufficient funds and /or closed account shall be assessed a $25.00 fee. 2. The City may, at the request of the customer, re -run the check. Ifthe check is accepted, the fee , shall be waived. However, if the check continues to be returned, the City shall require that the , bill be paid by cash, money order, or cashier's check. 3. The City retains the right to prosecute for returned checks in accordance with the Texas Penal Code. 4. If a check is returned unpaid due to the financial institution error, the financial institution shall submit written verification of such error. In this situation, the fee shall be waived. 5. Should a customer have more than three (3) checks returned due to insufficient funds and /or closed account within a period consisting of twelve( 12) consecutive months, the City shall no longer accept checks from that individual. All payments shall subsequently be made in the form of cash, money order, and /or cashier's check. SECTION 18. Temporary Service. I. Should a customer request temporary service, no deposit shall be required. However, a minimum billing, $28.97, shall be assessed in advance of initiating this service. 2. The duration of such temporary service shall not exceed ten (10) calendar days. 3. In the event that water usage during this time exceeds the amount of the minimum billing, the customer shall be billed for the additional usage. SECTION 19. Failure to Receive a Bill. I . All bills for utility service shall be rendered monthly in accordance with a schedule established , by the City. The City shall exercise care in the delivery of utility bills, but is not responsible for the service provided by the United States Postal Service. .I 2. Failure to receive a bill shall not relieve the customer for payment of service received within the prescribed period nor exempt him/her from the responsibility imposed for delinquency accounts. SECTION 20. Deferred Pavments. 1. The City Manager and /or his/her designee shall be empowered to develop payment schedules should a customer be unable to pay his /her bill. 2. Should a customer not be able to pay his/her account by the due date, he/she must contact the City prior to the due date and request that a payment schedule be developed. 3. Should a customer not contact the City prior to the issuance of a disconnection notice, he/she shall be required to pay the entire amount of the bill in order to retain water service. 4. The customer and the City may develop a payment schedule which shall be documented on a form supplied by the City. This form shall include, but not be limited to, the following information: a) dates of future payments; b) amounts offuture payments; and c) signature of the customer. Should the customer subsequently not comply with the payment schedule, water service shall be disconnected and shall not be reinstated until the full amount owed on the bill is paid. 5. In no case shall the City abdicate the right to refuse a payment schedule as presented by the customer. 6. If a customer fails to comply with the provisions of their payment schedule, he/she shall not be permitted to establish additional payment schedules until full payment has been received on the initial /existing payment schedules. SECTION 21. Hardships. 1. The City Manager and /or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service. 3. In the event that water usage during the billing period exceeded 50,000 gallons, the cost ofwater shall be adjusted based upon an average of the three (3) highest bills during the previous twelve (12) month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding twelve (12) months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. 4. In no case shall a hardship be granted if the City notified the customer of a potential water leak on his/her property. SECTION 22. Turning on Water, I. It is unlawful for any person to turn on water to any premises from the City water system without first obtaining approval from the City. 2. It is unlawful for any person to connect water service to a premises after service has been terminated by the City. euI. 202 SECTION 23. Trash Removal Rates. 1. Trash blocking drainage -a service fee of $50.00 - $200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch oftrash and/or debris during, before, and/or after a rainstorm to prevent possible flooding. The fee shall be based upon the amount of work performed by the City. 2. Miscellaneous trash and/or debris from empty (undeveloped) property must be hauled off by the owner or developer at their expense. 3. The City will provide collection of trash to customers receiving garbage service twice per month. The amount of trash removed shall be limited to four (4) cubic yards per collection. 4. Should an owner of property within the City request the removal of trash, the City may do so at a cost of $4.50 /cubic yard. The amount of trash to be collected shall not exceed four (4) cubic yards at any one time. Such service shall be provided at the discretion of the City dependent upon such factors including, but not limited to, existing work load, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and/or individuals /companies hired by the property owners. SECTION 24. Validation. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity ofthis ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. , This ordinance shall take effect October 5, 1998 . PASSED AND APPROVED b the C,ity Council ofthe City ofNederland, Texas at a regular meeting this the t,,q day of —, 19 98. ATTEST: As., o C �tl3ural LaDonna Floyd, City Secretary City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard ' 5z D. Hughes, C ty Attorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas CITY OF NEDERLAND RESOLUTION 1998 -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND INFORMING THE CITIZENS OF NEDERLAND OF LOW WATER LEVELS AT SAM RAYBURN RESERVOIR AND INITIATING CERTAIN WATER CONSERVATION MEASURES. WHEREAS, the surface elevation of Sam Rayburn Reservoir has fallen to dangerously low levels. As of August 18, 1998, the water surface was at 158.02 feet above mean sea level, down from its design elevation of 164.4 ft. msl. The reservoir has reached this level because of extreme drought conditions in East Texas, compounded by high evaporation rates and heavy uses by cities, industries and irrigators. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the City inform the public through the news media that a trigger condition has been reached and that the water users should look for ways to voluntarily reduce water use. Specific ways which can be taken will be provided through the news media. That the City notify major water users of the situation and request voluntary water use reductions. I That the City advertise through the news media a voluntary daily lawn watering schedule. This schedule shall allow for even numbered addresses to water on even numbered days and odd numbered addresses to water on odd numbered days. That the City increase water leak repair efforts by City crews such that these situations receive the highest priority. PASSED, APPROVED AND ADOPTED by the City Council ofthe City ofNederland this day of 5- 1998. ATTEST: (Ac' a J [L Ani LaDo6a Floyd, 'City re ec tary 1 CITY OF NEDERLAND, TEXAS Homer E. Nagel, Mayor .I 203 204 1 CITY OF NEDERLAND RESOLUTION NO. 1998 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND IN SUPPORT OF PROPOSED IMPROVEMENTS TO U.S. HIGHWAY 69 FROM LUMBERTON TO ZAVALLA WHEREAS, the Texas Department of Transportation (TxDot) has initiated the U.S. Highway 69 Corridor Study and has held public meetings to inform citizens and receive comments; and WHEREAS, U.S. Highway 69, from Southeast Texas to Lufkin, will require over ten (10) years to complete at an estimated cost of $350 million; and WHEREAS, U.S. Highway 69 will serve as a hurricane evacuation route, improve North - South ingress and egress to Southeast Texas, and provide a link to NAFTA- related commerce, thereby fostering economic development in Southeast Texas; and WHEREAS, TxDot has developed a preferred alternative design for U.S. Highway 69 consisting of a new four (4) lane highway located primarily within the railroad corridor between , Lumberton and Zavalla. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the Preferred Alternative U.S. 69 Corridor Study, dated April 20, 1998, be adopted as the conceptual plan for improving U.S. Highway 69; and THAT the City of Nederland supports the actions of TxDot as related to the U.S. Highway 69 Corridor Study and express our appreciation for their efforts in communicating with the public; and THAT the Cit:. of Nederland urges TxDot to continue work to finalize the U.S. Highway 69 Corridor Study, enter this project into the long range highway improvement program, and provide funding for the proposed improvements to U.S. Highway 69; and THAT a copy of this resolution be sent, when approved, to: Susan Juneau Public Information Manager U.S. 69 Corridor Study Texas Department of Transportation P O Box 987 Kountze TX 77625 PASSED, APPROVED AND ADOPTED by the City Council ofthe City ofNederland this , �[' day of_,1998. 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Q C O y U a a VVVIII Q b C a 10 rn c J a m T ti a m m E ? n � Q a h � � y �'1 r 218 E E b4 F- w W D 0 W z Z W ❑ Z W Q c m n w V c o U O " m 9 01 r c F- W Ci W tr Z u W mi Y ❑ 4 Z W Q W 0 V ❑ in U U p m c 3 m m � a o C U � c LL ^v o U. f0 m �3 o` d 1 w V m O d � 1 1 1: a i i i i 1 i i 1 � v d rn v � c o � Q ,� (29 � "7 �� ,� M SI � rn m I T � m � o o H m U S c 1 1 1 c ° O E a c m m m C J ui m m 2 m d E < w v ro v F n i � ti U i i 1 1 0 L w LLI O V I z LLJ r o a z w � Q ti w m K h b � C cs � c v I J IJ 0 v 0 4 _y U d a ti > m as a� I > o m a ¢ Q 0 U W O O � Q m p 1 a y c d E 3 c d � o mm° os LL U 219 22U ORDINANCE NO. 1998 -07 AN ORDINANCE AMENDING THE 1997 -98 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 1997 -07 which adopted the 1997 -98 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to increase revenues and expenditures as set out in Attachment "A" and Attachment 'B" attached hereto; and, WHEREAS, the 1997 -98 City of Nederland budget states, "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 1, 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." WHEREAS, it has been determined that such funds are available and can be used for the ' expenditures as set out in Attachment "A" attached hereto; and, WHEREAS, the City Council finds that the budget for 1997 -98 fiscal year should be 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 1997 -07 adopting the budget for 1997 -98; and, WHEREAS, the City Council finds that the budget for 1997 -98 fiscal year should also be amended for unanticipated revenues received and additional expenditures for specific purposes as set out in Attachment 'B." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for 1997 -98 fiscal year is amended to allow for increases in revenues and expenditures as set out in Attachment "A" and Attachment "B." 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 o£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. 1 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE !�& DAY OF AUGUST, A.D., 1998. ^ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ,2",m k44, Richard D. Hughes, City fkttomey City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas ;�;�1 A. I— Iv J BUDGET ORDINANCE AMENDMENT - ATTACHMENT A GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at 9 -30 -97 in the amount of $102,883 and increase line items as detailed below: City Hall Increase 01 -19 -00 -6351 Fixed Plant & Equipment R & M S 5,000 Damage was done to network computer system and telephone system during a recent thunderstorm due to lightning. A claim will be filed with the City's insurance carrier, it is anticipated that reimbursement will be received in the following fiscal year. Fire Department Increase 01 -22 -00 -6111 Overtime 15,000 Increase 01 -22 -00 -6355 Vehicle & Equipment R & M 20,000 Increase 01 -22 -00 -6742 Motor Vehicles 14,236 Additional overtime costs were incurred in order to cover shifts due to employee illnesses. Unanticipated major repairs were made to Fire Department apparatus. Fire Department- Volunteers Increase 01 -22 -01 -6385 Volunteer Services 11,000 Council approved the purchase of bunker gear not to exceed $11,000 for the Volunteer Fire Fighters in December 1997. Street Department ' Increase 01 -31 -00 -6111 Overtime 24,000 Overtime was necessitated to catch up on street department work. City Shop Increase 01 -32 -00 -6111 Overtime 3,376 Overtime was utilized in support of water crews working on water leaks and street crews working scheduled overtime. Parks & Recreation Increase 01 -51 -00 -6341 Insurance General 2,520 Increase 01 -51 -00 -6343 Insurance Motor Equipment 60 Insurance costs for motor vehicles was higher than originally budgeted. In addition, the addition of windstorm coverage was added during the fiscal year. Library Increase 01 -55 -00 -6341 Insurance General 5,691 Increase 01 -55 -00 -6348 Electricity 2,000 Additional costs were incurred due to the addition of the new library building. EQUIPMENT REPLACEMENT FUND -SOLID WASTE Amend Equipment Replacement Fund -Solid Waste by appropriating unencumbered funds remaining at 9 -30 -97 in the amount of $1,706 and increase line item as detailed below: Increase 35 -00 -00 -6742 Motor Vehicles 1,706 Cost of garbage truck was underbudgeted. I BUDGET ORDINANCE AMENDMENT - ATTACHMENT A (continued) WATER & SEWER FUND Amend Water & Sewer Fund by appropriating unencumbered funds remaining at 9 -30 -97 in the amount of $222,992 and increase line items as detailed below: Water Treatment Increase 50 -60 -00 -6111 Overtime 10,000 Additional hours were spent by Water Plant employees at plant and on call out. Increase 50 -60 -00 -6351 Fixed Plant & Equipment Repair & Maintenance 5,000 Extensive damage to plant due to lightning strike in July and surge in power from Entergy in August. Increase 50 -60 -00 -6404 Untreated Water 10,000 Costs incurred due to drought. Wastewater Treatment Increase 50 -62 -00 -6111 Overtime 10,000 Additional hours were spent by wastewater plant employees at plant primarily filling in for an injured employee. Water & Sewer Distribution Increase 50 -63 -00 -6756 Sewer Collection Lines 145,992 This work was budgeted in the previous budget year, however, work was not completed until ' this budget year. Other Requirement Increase 50 -90 -00 -6908 Transfer to Equip. Repl. Fund 42,000 Purchase of two dump trucks was budgeted as lease purchases, however, lease purchase costs were unfavorable. MCML CENTRAL DISPATCH Amend MCML Central Dispatch Fund by appropriating unencumbered funds remaining at 9 -30- 97 in the amount of $45,121 and increase line items as detailed below: Increase 70 -00 -00 -6747 Radio & Radar Equipment 45,121 Funds were received from the City of Groves during fiscal year 96 -97 for their share of the new 800 mhz radio system utilized by Central Dispatch. 1 ;e;�:i ;4 BUDGET ORDINANCE AMENDMENT - ATTACHMENT B GENERALFUND Amend as follows: 1) Increase Miscellaneous Revenue $3,610 Increase City Manager Department Expenditures 01 -13 -00 -6337 Advertising/Publications 3,610 Funds were received for reimbursement of publication fees on Entex franchise fee ordinance. 2) Increase Miscellaneous Revenue Increase Personnel Department Expenditures 01 -16 -00 -6115 Extra Help 01 -16 -00 -6126 Social Security 01 -16 -00 -6128 Workers' Compensation 01 -16 -00 -6243 Special Program Supplies Funds were received for the Enterprising Stars Enterprise. 3,708 3,337 255 8 108 Youth Work Program sponsored by Star 3) Increase Miscellaneous Revenue 4,280 Increase Fire Department Expenditures 01 -22 -00 -6744 Miscellaneous Equipment 4,280 Donations were received from Sunoco and Unocal for fire rescue equipment. 1 4) Increase Miscellaneous Revenue 2,500 ' Increase Fire Department- Volunteers Expenditures 01 -22 -01 -6393 Contractual Services 2,500 Donation was received from Allstate Foundation made payable to the City on behalf of the volunteers to further fire prevention education. 5) Increase Miscellaneous Revenue 1,207 Increase Street Department Expenditures 01 -31 -00 -6355 Vehicle & Equipment R & M 1,207 Funds were received from policyholder's insurance company to cover damage to City vehicle (1993 Ford F -150 Pickup Truck) EQUIPMENT REPLACEMENT FUND -W & S Amend as follows: 1) Increase Transfer In from Water & Sewer Fund 42,000 Increase 36 -00 -00 -6742 Motor Vehicles 42,000 Purchase of two dump trucks was budgeted as lease purchases, however, lease purchase costs were unfavorable. BOND REDEMPTION FUND Amend as follows: 1) Increase Transfer In 62,000 Increase 40 -70 -00 -6800 Interest 8,000 Increase 40 -70 -00 -6801 Principal 54,000 Payment of tease purchase agreements requirement payment of interest and principal payments. Agreements are long -term and should be reported in the Debt Service Fund. 225 Ij BUDGET ORDINANCE AMENDMENT - ATTACHMENT B (continued) WATER & SEWER FUND Amend as follows: 1) Increase Miscellaneous Revenue 1,136 Increase Water & Sewer Distribution Department Expenses 50 -63 -00 -6247 Water & Sewer Mains 1,136 Fund were received from policyholder's insurance company to cover damage to City fire hydrant at 1400 Helena Avenue. 2) Increase Miscellaneous Revenue 544 Increase Water & Sewer Distribution Department Expenses 50 -63 -00 -6355 Vehicle & Equipment R & M 544 Funds were received from policyholder's insurance company to cover damage to City vehicle (1992 Ford F -150 Pickup Truck) MCML CENTRAL DISPATCH FUND Amend as follows: 1) Increase Miscellaneous Revenue 79,085 Increase Central Dispatch Expenses 70 -21 -00 -6747 Radio & Radar Equipment 79,085 ' Funds were received from the cities of Port Neches and Nederland for their share of the new 800 mhz radio system utilized by Central Dispatch. 1 440 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. August 31, 1998 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 Radcliff to approve the minutes of the August 24, 1998 meeting as written. All Voted Aye. TAX RATE A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1998 -09, adopting a tax rate of $30 per $100 valuation for the fiscal year beginning October 1, 1998 I and ending September 30, 1999. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Daughtry to approve a contract with Applied Geological Technologies in the amount of $51,064.00 for remediation work the Service Center and declaring an emergency situation. All Voted Aye. EXECUTIVE The regular meeting was recessed at 3:14 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code Chapter 551.072, discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting was reconvened at 3:34 p.m. by Mayor Nagel. PROPERTY A motion was made by Mayor Nagel and seconded by Councilman Nugent to acquire an easement consisting of approximately 3,940 square feet at 1429 Avenue H; Lot 6, Block 14G, Tract 8, PALCO, at the value approved by the owner. All Voted Aye. Minutes continued, August 31, 1998 ' A motion was made by Mayor Nagel and seconded by Councilman Sawyer to acquire property consisting of approximately 1.30 acres at 1404 South 16`" Street; Lot 1, Block 1, Exclusive Estates Addition, contingent upon a waiver being obtained from the owners of property in the subdivision granting the City a waiver regarding deed restrictions. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to award bids received for wastewater system improvements to Norman Highway Constructors, Orange, TX, in the amount of $847,919.75, contingent upon the acquisition of the easement and property in Wagner Addition. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, informed the Council that the library COMMENTS shelving is being installed this week. He added that they will be closed September 5 -20, 1998 in order to move into the new facility. ADJOURN There being no further business the meeting was adjourned at 3:40 ' p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: C7X 6'" �: >t " VLaD nna Floyd, City Secretary City of Nederland, Texas 1 4r 228 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 a City Secretary Date i,9W J 1 229 ORDINANCE NO. 1998-09 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 1998, 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 1998, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $521,320,560; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: - That the tax assessment rolls furnished by the City's Tax Assessor - Collector, based upon the certified roll furnished by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $521,320,560, shall become the tax assessment rolls of the City of Nederland for the year 1998, less all exemptions provided by either State Law or City ordinance in the amount of $52,386,513. ' SECTION 2: - That there is hereby levied for the current year, 1998, 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, 1999 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 ofproperty; 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), 36.8154 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 33.1846 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of One million one hundred thirty-five thousand dollars ($1,135,000.00) Permanent Improvement Bonds, Series 1986, 24.6782 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred ninety thousand, three hundred sixty -two dollars and fifty cents ($190,362.50) on the Permanent Improvement Refunding Bonds, Series 1992, 4.1390 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Two hundred thousand, eight hundred sixty-seven dollars and fifty cents ($200,867.50) on the Certificates of Obligation, Series 1992, 4.3674 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 ofthe 1998 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 SPECIAL MEETING THIS THE 31 DAY OF AUGUST, A.D., 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CA ,,, LaDonna Floyd, City Secretary City of Ncderland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 0 CONTRACT ' agreement is made and entered into effective the _ day of Jul , 1998 b and This gr Y k Y between APPLIED GEOLOGICAL TECHNOLOGIES (hereinafter called "Contractor "), and the party identified in Paragraph 1 below (hereinafter called "Customer "): 1. Customer's name and address is as follows: Name: Cijy of Nederland Address: P.O. Box 967 Nederland Texas 77627 2. Customer's business is organized as indicated: Corporation Limited Partnership Joint Venture Limited Liability Company General Partnership Sole Proprietorship X Other (describe) Municipality 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 of this Contract): Owner: the Owner must sign the Consent at the end Address: ' INITIALS Contractors ��-� � ,iCustomerrl z, G J " 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 $ 51.064.00 (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 ofr 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, P.O. Box 1668, BEAUMONT, JEFFERSON COUNTY, TEXAS 77704. 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 0 Customer Z331 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 all or any portion 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 perforance 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 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 herein above. CONTRACTOR: _ Thomas M. Williams, Owner APPLIED GEOLOGICAL TECHNOLOGIES Date: 6/29/98 CUSTOMER: City of Nederland Name: Homer E Nagel Title:Mayor Date: 1.,3 1 � 9 ' INITIALS• Contractor V" Customer 234 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 6/22/98 by the TNRCC, To include the following: ► Remove concrete. ► Excavate contaminated soil, import and compact backfill. ' ► Resurface with concrete. ► Dispose of contaminated soil and report to the TNRCC. Estimated time for completion of this project: Two months from the date of the signing of this contract by both parties. INITIALS: q� , Contractor Customee 1 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 $25,532.00. 50% upon completion of work $25,532.00. ITOTAL PROJECT $51,064.00 ' INITIALS: Contractor Customer4��,L;L .)t; REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. September 14, 1998 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 Radcliff to approve the minutes of the August 31, 1998 meeting as written. All Voted Aye. CITIZEN James R. Perkins, 1820 - 32 "d Street, addressed the Council relative REQUEST to the ditch cleaning project that is being done in his neighborhood. He stated that the City crews cleaned the ditches near his driveway and feels they could have done a neater job. Mr. Perkins also stated that his ditches did not need to be cleaned as he has experienced no drainage problems. He requested that the City not clean the remainder of his ditches and in the future please contact him prior to any ditch maintenance around his home. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the request of James R. Perkins, 1820 - 32nd Street, to not clean the remainder of the ditches around his home and to contact him in the future should ditch maintenance be necessary. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by AGREEMENTS Councilman Nugent to approve a contract between the City of Nederland and the International Association of Fire Fighters, Local 3339, for the period October 1, 1998 through September 30, 2000. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilma-i Sawyer to approve a contract with T & N Laboratories for materials F testing services at the wastewater treatment facility in an amount not to exceed $3,500.00. All Voted Aye. Minutes continued, September 14, 1998 LICENSE TO A motion was made by Councilman Nugent and seconded by ENCROACH Councilman Radcliff to approve the issuance of a License to Encroach for the property located at 2308 Allan Court (Lot 8, Allan Court, Phase 2) as recommended by the Zoning Board of Appeals. All Voted Aye. ORDINANCES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Ordinance No. 1998 -10, providing for notice of prohibited discharges into the City's sanitary sewer system, providing for repairs of such defective sewer lines, and providing for a monthly surcharge for continued violation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone approving an Amendment to Ordinance No. 147, regarding injury leave. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize advertisement of bids for a computer ' system. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize advertisement of bids for a phone system. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize advertisement of bids for banking services. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize advertisement of bids for water and sewer street repair work. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize advertisement of bids for library office furniture. All Voted Aye. LIBRARY A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Change Order No. 3 in the amount of +$603.75; ' Change Order No 4 in the amount of +$17,787.00; and, Change Order No. 5 in the amount of +$259.00 for the Marion and Ed Hughes Public Library. All Voted Aye. Minutes continued, September 14, 1998 A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the purchase of furniture for the Marion and Ed , Hughes Public Library from International Library Furniture in the amount of $23,697.64. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the purchase of a donor board for the Marion and Ed Hughes Public Library from Sign International, Inc. in the amount of $3,021.54. All Voted Aye. TEXAS MUNI- A motion was made by Councilman Radcliff and seconded by Mayor CIPAL LEAGUE Nagel to submit a ballot for Texas Municipal League Intergovernmental Risk Pool Board of Trustees casting all votes for the incumbents. 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 August. All Voted Aye. EXECUTIVE The regular meeting was recessed at 3:48 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Don Beagle v. City of Nederland, et al; and Entergy Rate Case; and, consultation with Attorney regarding Entergy matters. RECONVENE The regular meeting was reconvened at 4:45 p.m. by Mayor Nagel. He announced that the first two items were held for informational purposes only. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the employment of Provost "Umphrey Law Firm and Jim Wimberly to assist the City Attorney in recovering revenue on underpaid franchise fees on gross receipts of Entergy Gulf States. All Voted Aye. RESOLUTION A motion was made by Councilman Sawyer and seconded by , Councilman Daughtry to approve Resolution 1998 -21, authorizing the continued participation of the City in proceedings involving Entergy Gulf States. All Voted Aye. C Minutes continued, September 14, 1998 OFFICIALS' Andre' Wimer, City Manager, reminded the Council of the library COMMENTS ribbon cutting /open house that is scheduled for Sunday, September 20, from 2:00 p.m. to 4.00 p.m. Mr. Wimer stated that the Cities of Nederland, Orange, and Port Neches met with Tri -City Sweeping and the City of Orange is taking the lead on the street sweeping project and will meet with the vendor in an attempt to negotiate a contract for the three cities. He added that he hopes to have this item on the next agenda. The City Manager also reported that the demolition work at the wastewater treatment facility will begin soon. He added that a Notice to Proceed will be issued soon for the South 5`h Street water tower repairs. The remediation work at the Service Center is scheduled to begin on September 25. Mr. Wimer informed the Council that the Mid County Junior Football League is requesting garbage service at their facility at Homer Nagel Park. He added that the City does provide up to $2,000 for each of the baseball leagues for utilities. He will place this item on the next agenda for Council action. ADJOURN There being no further business the meeting was adjourned at 5:00 p.m. by Mayor Nagel. ATTEST. LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, May 6r 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 V, r. Mayor CA" Llz& d City Secretary q- /4- 9 S) Date 7 CITY OF NEDERLAND ORDINANCE NO. 1998 -10 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR NOTICE OF PROHIBITED DISCHARGES INTO THE CITY'S SANITARY SEWER COLLECTION SYSTEM; PROVIDING FOR REPAIRS OF SUCH DEFECTS IN PRIVATE SEWER SERVICE LINES; PROVIDING FORA MONTHLY SURCHARGE FOR CONTINUED VIOLATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: The United States Environmental Protection Agency (EPA) mandated that the City of Nederland conduct a Sanitary Sewer Evaluation Survey (SSES) and the results of the SSES indicated defects on private sewer service lines, which allow for prohibited discharges of rainwater into the City's sanitary sewer system. SECTION 2: The EPA has mandated that these defects be corrected in order to minimize prohibited discharges. SECTION 3: The City shall serve property owners and/or customers with written notice of defects and provide for repair of such defects within one hundred twenty (120) days from the service of said notice. SECTION 4: The property owner and/or the customer, once having completed repairs, shall notify the City. The City shall inspect the repairs and, if satisfactory, issue written notice to the property owner and/or customer that compliance has been achieved. SECTION 5: If, after such period of time noted in Section 3 has elapsed, the property owner and/or customer has not repaired the defective line and had such repairs inspected by the City, the City will institute a monthly charge in the amount of $15.00 to cover the cost of treating the prohibited discharge into the City's sanitary sewer system. Such charge will be added to the monthly water, sewer, and garbage bill, for that address, for each and every month such private sewer line defect remains uncorrected. This charge will remain in effect until the property owner and/or customer corrects the defect and contacts the City for an inspection. When the repairs have been approved by the City, the charge shall be henceforth removed from the property owner's and/or customer's bill. Failure to pay said monthly charge will carry the same penalties as normal water, sewer and garbage fees. SECTION 6: If any part of this ordinance is for any reason held to be invalid or unconstitutional, the validity ofthe remaining portions shall not be affected thereby, but shall remain in full force and effect. SECTION 7: All ordinances or parts of ordinances or sections of the code or parts of sections of the code in conflict with this section are hereby repealed, but only to the extent of the conflict. SECTION 8: This ordinance shall become effective October, 1, 1998. t -2 A. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE II LI day of yid p to , A.D., 1997. ATTEST: cQ d LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City At mey City of Nederland, Texas / Homer Nagel, Mayor C City of Nederland, Texas 1 1 1 , , I C. ICITY OF NEDERLAND RESOLUTION 1998 -21 A RESOLUTION AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY OF NEDERLAND IN PROCEEDINGS INVOLVING ENTERGY GULF STATES. WHEREAS, Entergy Gulf States ( "EGS" or "Company ") has filed several law suits from recent actions of the Public Utility Commission regarding rates within the corporate limits and has indicated that it has every intention of filing additional litigation; and WHEREAS, the Public Utility Commission has indicated that, under the evidence, it is possible that the Company's rates should have been reduced further; and WHEREAS, the Company has informed the Cities and other parties that they intend to file a fuel case seeking to recover approximately $128 million from their Texas ratepayers, and WHEREAS, the Company will be filing in November 1998 a case to pass on the ' ratepayers' share of merger - related savings as required by the Order of the Public Utility Commission authorizing the merger of EGS and Gulf States Utilities; and WHEREAS, the Cities have original jurisdiction over rates of the Company within their corporate limits and a duty to exercise such jurisdiction in order to achieve fair and reasonable rates for both the Company and ratepayers within the Cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City of Nederland shall participate with other Cities in connection with the above - referenced matters as follows: 1. Any and all appeals of every kind and nature filed by the Company in an effort to set aside any action of the Public Utility Commission of Texas which would affect the rates of citizens within the corporate limits; 2. To appeal to the Courts from the actions of the Public Utility Commission so that fair and reasonable rates based on the evidence and the law will be set within the corporate limits; 3. To intervene in the fuel case which the Company is expected to file at the Public Utility Commission, seeking appropriate regulatory scrutiny and the exercise of the Cities' original jurisdiction, 4. To intervene in the November 1998 merger savings case which the Company is required to file under the merger agreement. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee which shall have authority to engage attorneys, rate consultants and all necessary personnel as authorized by the Public Utility Regulatory Act and to direct the actions of such representatives in the above proceedings. Cities' reasonable rate case expenses are required to be reimbursed by the Company pursuant to the Public Utility Regulatory Act, therefore, the Steering Committee is directed to obtain reimbursement from the Company of all reasonable expenses. PASSED AND APPROVED this the iq day of 1998. ��/�, �H mer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 2A "'o Richard D. Hughes, lity Attorney City of Nederland, Texas 1 Fj 1 6:00 p.m. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 28, 1998 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 September 14, 1998 meeting as written. All Voted Aye. COMMENTS Andre' Wimer, City Manager, informed the Council that the City received the prestigious Certificate of Achievement for the City's annual report. He commended Cheryl Dowden, City Treasurer, for her efforts to obtain this award. Mayor Nagel, on behalf of the Council, also commended Mrs. Dowden for her work. The City has worked for the last several years trying to meet the necessary criteria to receive this designation. CITY SERVICES A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the request from the Mid County Jr. Football League for garbage collection services. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids for concrete street repairs to Salenga Construction, Inc., Nederland, TX, in the amount of $35,274.15. All Voted Aye. DRAINAGE A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a proposal for surveying services for the Main "C" Drainage Study to Schaumburg & Polk, Inc., Beaumont, TX, in an amount not to exceed $3,800.00. All Voted Aye. 4,Yk! Minutes continued, September 28, 1998 CONTRACTS/ A motion was made by Councilman Nugent and seconded by ' AGREEMENTS Councilman Radcliff to approve a supplement to the janitorial contract, discontinuing service at the old library and initiating service at the new library. All Voted Aye. SANITARY A motion was made by Councilman Sawyer and seconded by Council - SEWER EVALUA- man Nugent to approve a revised Sanitary Sewer Evaluation Survey TION SURVEY Schedule of Work, reducing the schedule from seven (7) to five (5) years. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1998 -11, ratifying, affirming and approving the escrow agreement between Bank One, Texas, N.A., (the "Escrow Agent'), and the City of Nederland, Texas, dated as of September 1, 1998. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve an Amendment to Ordinance No. 147, Personnel Policy, injury leave. All Voted Aye. STREETS AND" A motion was made by Councilman Sawyer and seconded by ' SIDEWALKS Councilman Nugent to approve the installation of street lights at the following locations: 3303 Memphis Avenue and 1212 - 20' Street. All Voted Aye. UTILITIES A motion was made by Councilman Nugent and seconded by Mayor Nagel to approve Ordinance No. 1998 -12, declaring certain utility accounts as uncollectible. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution No.1998 -22, establishing just compensation to acquire property at 1404 South 16' Street. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone approval of Resolution No. 1998 -23, establishing just compensation to acquire an easement at 1429 Avenue H. All Voted Aye. Minutes continued, September 28, 198 PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Schaumburg & Polk, Inc. as follows: $4,327.78, wastewater system improvements, $288.00, Sanitary Sewer Evaluation Survey; and, $3,517.54, Main "C" Drainage Study. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Kinsel Industries, Inc. in the amount of $92,121.50, sludge dewatering facility. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:30 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Don Beagle v. City of Nederland, et al.; Entergy Rate Case; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; and, possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant. RECONVENE The regular meeting was reconvened at 6:51 p.m. by Mayor Nagel. He announced that the Executive Session was for informational purposes only. OFFICIALS' Andre' Wimer, City Manager, informed the Council that a joint Public COMMENTS Hearing between the City Council and the Planning and Zoning Commission will be conducted on October 19, 1998, for the purpose of receiving comments regarding the zoning of J. D. Ford Addition. The City Manager reported that the Nederland Heritage Festival Foundation recently donated $5,000 to the library to be used for furnishings and an amount not to exceed $5,200 to the police department to be used for an in -car video camera. He also informed the Council that he will be meeting with Ernie Knod, OCAW, relative to compensatory time for employees. Mr. Wimer presented each council member with a final copy of the 1998 -1999 budget. Minutes continued, September 28, 1998 ADJOURN There being no further business the meeting was adjourned at 6:57 p.m. by Mayor Nagel. Homer E. Nagel, Maybr City of Nederland, Texas ATTEST: LaDonna Floyd, °'ity ecretary City of Nederland, Texas t 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 j 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 -May6r O. -, p� " City Secretary q-ag -q8 Date INDEPENDENT CONTRACTOR'S AGREEMENT I SUPPLEMENT This Supplement to Independent Contractor's Agreement is entered into during the term of the Agreement from March 1, 1998 to March 1, 1999, by and between the City of Nederland (hereinafter referred to as "City ") and Action Bonded Cleaning, Inc. (hereinafter referred to as "Contractor "), in accordance with Section XIII, Item A regarding General Provisions. The term provisions and conditions of this Agreement are supplemented as follows: Service will be discontinued at the D. Bob Henson Memorial Library effective September 13, 1998, resulting in voidance of associated costs. Service will begin at the Marion and Ed Hughes Library effective September 14, 1998, consisting of three nights each week at a cost of $806.00 per month. EXECUTED in duplicate originals on this the c� 9 day of September, 1998. Contractor acknowledges that he has read and understood the terms of this Supplement. CONT CTOR By: Name Its: President Title CITY OF NEDERLAND By: ✓- ��% Name Its: Mayor Title ATTESTED: City ecretary 1 AN AMENDMENT TO ORDINANCE 147 AN ORDINANCE AMENDING THE CITY OF NEDERLAND PERSONNEL POLICY DEALING WITH INJURY 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 Injury Leave. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: The City of Nederland Personnel Policy, Sections 8.05, 8.06, 8.09, 8.13, 8.14 and Family Leave Act relating to Injury Leave is amended to read as follows: 8.05 LEAVE FOR EXTENDED ILLNESS OR TEMPORARY DISABILITY. 8.05.01 This section applies to all illnesses or temporary disabilities whether job related or ' not. 8.05.02 Paid Leave. Upon written approval of the City Manager an employee may use accrued sick leave and vacation leave for the purpose of paid absence from duty during an extended illness or temporary disability, including pregnancy for up to six months. 8.05.03 Unpaid Leave (Leave Without Pav). The City Manager may grant leave without pay. The leave without pay is an approved absence from duty in a non -pay status for not more than six (6) months, unless an extension is approved by the City Manager. The City Manager or his/her designee may grant an extension in one -month intervals. Total cumulative leave without pay may not exceed 12 months. 8.05.04 Unpaid leave for non -work related illnesses or temporary disabilities is not authorized unless all applicable accrued paid leave has been exhausted and there is a reasonable expectation that the employee will return to employment with the CITY OF NEDERLAND at the end of the approved period. However, an employee initiating Injury Leave has the option of electing either paid leave or unpaid leave after exhaustion of Injury Leave with pay. Approval of the leave must be documented, with a copy of documentation placed in the employee's personnel file. Employees on leave without pay receive no compensation and accrue no benefits, including paid holidays. However, previously accrued leave balances, benefits, and seniority are retained during leave without pay unless otherwise prohibited by the terms or provisions of the benefit programs. Medical insurance can be continued if the employee pays the premiums (including CITY OF NEDERLAND's portion for employee and dependent coverage) in full in a timely manner. The CITY OF NEDERLAND's benefit plan or insurer may limit the length of time the medical benefits may be continued. ' 8.05.05 Authorized Reasons for Leave Without Pay. A leave of absence without pay may be appropriate for the following reasons: a. Military service (see also the section on this type of leave); b. Recovery from extended illness or temporary disability (see also the section on this type of leave); C. Educational purposes when successful completion will benefit the CITY OF NEDERLAND; d. Public service assignments; e. Personnel exchange programs which emphasize intergovernmental relations; or f Any other reason which, in the opinion of the City Manager merits a leave of absence without pay. 8.05.06 Revocation of Leave Without Pay. A leave of absence without pay maybe revoked upon receipt of evidence that the cause for granting the leave was misrepresented, or has ceased to exist. 8.05.07 Conditions. An employee requesting leave without pay must provide the City Manager or his/her designee with a statement from an appropriate third party as to the date upon which the employee is no longer able to perform his or her duties and the expected length of time needed, as well as a written statement from the employee concerning his or her intentions about returning to work at the CITY OF NEDERLAND. In determining whether or not to approve the request for leave without pay, the City Manager will consider the employee's length of service and performance, the department's needs, and the prospect for temporary replacement of the employee or reassignment of the employee's duties. , 8.05.08 Reporting Reguirements. An employee on leave without pay must contact the appropriate CITY OF NEDERLAND Department Head at least once a week (Monday) to report on his or her status. Failure to provide required status reports or to contact the office on the schedule required by the City Manager or his/her designee or the Department Head is grounds for revoking the leave and for taking disciplinary action. 8.05.09 Documentation. A summary of the basis for the decision to grant or deny leave without pay and the terms of the leave must be prepared by the employee's Department Head, signed by the City Manager and placed in the employee's personnel file. 8.05.10 Return to Work After Leave Without W. Upon returning to work after an authorized leave of absence without pay, other than military leave, an employee receives an adjusted employment date and adjusted anniversary date which reflect the period of time that the employee used for the leave of absence. Personnel records will reflect this adjusted date which will be used for the purpose of calculating vacation leave accrual and any other benefits that may be based on longevity. 8.06 INJURY LEAVE. It is the policy of the CITY OF NEDERLAND to make every effort to provide healthful and safe working conditions for all of its employees. An Injury Leave is an occupational disability for a bona fide, on- the -job, work - related injury. 8.09 ON- THE -JOB INJURIES. 8.09.01 Insurance. CITY OF NEDERLAND provides workers' compensation insurance for all of its employees. This insurance provides medical expenses and a weekly payment if an ' employee is absent from work because of a bona fide, on-the-job, work - related injury for more than seven days. All workers' compensation insurance claim forms must be submitted to the Personnel Office immediately for appropriate action to be taken. + v v 8.09.02 Medical Attention. An employee who sustains a bona fide, on-the-job, work - related injury may seek medical attention from the medical facility or professional of his or her choice. The CITY OF NEDERLAND encourages employees to return to work as soon as they are able to do so. An employee returning to work must submit a physician's statement of medical condition and release to return to work. As determined by the City Manager or his/her designee, at the CITY OF NEDERLAND expense, an employee may be required to submit to examination by an independent physician. 8.09.03 Initiation of Injs.ir y Leave. An employee who is placed on leave for a bona fide, on- the -job, work - related injury will be provided with a copy of the CITY OF NEDERLAND's Standard Operating Procedure, SOP- 16 -06, concerning on-the-job injuries prior to, or as soon after, the beginning of the leave as is feasible. Injury Leave begins on the first scheduled workday of absence due to on- the -job injury and continues until the employee returns to work, his or her eligibility expires, or the employee is removed from Injury Leave coverage by the CITY OF NEDERLAND. 8.09.04 Compensation. If an employee sustains a bona fide on- the -job, work - related injury which renders him or her unable to perform the duties of the job, he/she shall receive twenty - six weeks (26) of Injury Leave with pay. The Injury Leave with pay check from the CITY OF NEDERLAND will be in an amount that, when added to the workers' compensation payment equals the employee's regular "take home" pay (that is, the employee's gross salary minus income tax, social security deductions, and other deductions that are not applicable to workers' compensation pay). After the twenty-six (26) weeks of injury with leave pay, an employee with accrued paid leave may elect to supplement his or her workers' compensation ' payments with paid leave. The employee may elect the sequence of paid leave to be utilized; however, each type of paid leave must be exhausted before the employee is allowed to invoke another type of paid leave. The supplemental accrued paid leave check from the CITY OF NEDERLAND will be in an amount that, when added to the workers' compensation payment equals the employee's regular "take home" pay (that is, the employee's gross salary minus income tax, social security deductions, and any other deductions that are not applicable to the workers' compensation pay). The employee must sign a leave request form to exercise this option. 8.09.05 Duration of Iniury Leave. The maximum duration of occupational disability or injury is twelve months. Those employees who fail to return to work within the designated twelve month period will be separated from service if authorized by state and federal law. Refer to Section 8.14.01 for policy regarding using leave in combination. 8.09.06 Termination of Iniury Leave, The City Manager or his/her designee may terminate the Injury Leave upon receipt of evidence that the employee, while able to return to work, has not done so. 8.09.07 Continuation of Supplemental and/or Dependent's Insurance. To continue supplemental and/or dependent medical insurance when the employee is on Injury Leave and is no longer receiving a regular paycheck, the employee must pay the employee's portion of these insurance premiums to the CITY OF NEDERLAND on the schedule established by the Personnel Office. This provision applies to employees who are away from the job on Injury Leave in excess of twenty -six (26) weeks. The CITY OF NEDERLAND will continue making insurance payments during the first twenty -six (26) weeks of absence. 8.09.08 Exclusion. A person's injury caused by willful intent, attempting to injure self, or to unlawfully injure another, intoxication, and by act of God, except in certain limited circumstances, are excluded specifically from coverage by Injury Leave with pay. 8.09.09 Reporting Reguirements. While on leave because of bona fide, on- the -job, work- �J related injury, each employee shall provide a progress report to the City Manager or his/her designee each Monday after Injury Leave begins. Any change in the employee's condition which might affect his or her entitlement to workers' compensation payments must also be reported to the City Manager or his/her designee. In addition, the injured employee must contact his or her supervisor periodically, on a specific schedule, to report on his or her condition. Failure to provide the required medical status reports or to contact the supervisor on the schedule required by the City Manager or his/her designee, is grounds for revoking the employee's leave and for taking disciplinary action. 8.09. 10 Return to Service. A written statement from the attending physician certifying that the employee has been released to return to work and specifying the type(s) of work he or she is capable of performing, as well as any limitation(s), must be received by the CITY OF NEDERLAND before an employee may return to work. All employees on Injury Leave must return to work after approval of either the employee's attending physician or an independent physician paid by the CITY OF NEDERLAND. Failure to return to work when directed will result in discharge. 8.09.11 Light Duty Status. During the course of an on-the-job Injury Leave of absence, if an employee is released by his or her doctor for light duty, the employee's job or alternative job assignment(s) will be evaluated for a determination of whether a temporary position is available in which the CITY OF NEDERLAND can use the employee's limited services for an interim, but definite, period of time If no acceptable light duty assignment can be found, the employee will remain on Injury I Leave until released by the doctor and workers' compensation to return to his or her previous job. An employee who is able to return to work in light duty status may be required to work in a different department and perform duties not contained within his or her current job duties. When an employee is assigned to light duty status and performing different duties, he or she will continue to draw their regular rate of pay. A light duty assignment cannot exceed 90 days. 8.09.12 Final Release or Settlement. At the time of final release or settlement of a workers' compensation claim, the employee must furnish the CITY OF NEDERLAND with a certificate from the employee's physician stating the status of the employee's physical condition and an anticipated return to work date. 8.13 ADMINISTRATIVE LEAVE. The City Manager or his/her designee may authorize administrative leave, with or without pay, when warranted by unforeseen circumstances not otherwise provided for in these policies. 8.14 USING LEAVE IN COMBINATION. 8.14.01 The twelve month period afforded in Section 8.09.05 shall begin with Injury Leave with pay (twenty -six weeks), followed by sick leave, vacation leave, compensatory time leave, and/or unpaid leave. At the conclusion of the twenty -six week period of Injury Leave with pay, an employee may elect to utilize paid leave or unpaid leave. If the employee elects to use paid leave, the employee may elect the sequence in which the paid leave (sick leave, vacation leave, accrued compensatory time) is utilized; however, each form of paid leave must be exhausted before the next form of paid leave may be initiated. Regardless of whether the employee elects paid leave or unpaid leave, the City will invoke the Family and Medical Leave Act on the first day following completion of the twenty -six week period of Injury Leave with pay. Employees electing paid leave shall continue to accrue seniority or any other benefit while on FMLA Leave as opposed to employees electing unpaid leave who 2505 shall not accrue seniority or any other benefit while on FMLA Leave. If an employee elects e unpaid leave, the employee will retain the unpaid leave status until able to return to work. Unless otherwise indicated in writing by the employee or the employee's designee, should the employee be incapacitated to the extent the employee is unable to communicate his/her request, paid leave shall be utilized prior to initiating unpaid leave. 8.14.02 If an employee is sick or temporarily disabled for non - work - related reasons, and he or she exhausts accrued sick leave, the CITY OF NEDERLAND will automatically begin applying any accrued vacation leave credits unless notified differently by the employee. 8.14.03 Sick leave cannot be used for vacation purposes when vacation leave is exhausted. Employees shall be entitled to the benefits described under The Family and Medical Leave Act of 1993 (FMLA). An Employee who has at least twelve (12) months service shall be entitled to twelve (12) weeks of unpaid leave during any twelve (12) month for: A. The birth of a child. D. A serious health condition of the employee himself/herself that renders the employee unable to perform the functions of the job. At the option of the City, the employee may be required to use any accrued and unused sick leave, vacation leave, or compensatory time leave in this case as a part of the leave. However, in the event of Injury Leave, the employee may elect leave in accordance with Section 8.14.01. 2. Employees requesting predictable leaves (adoption, birth, scheduled medical treatment) must give at least thirty (30) days advance notice. 3. Documentation of the circumstance necessitating the leave shall be required. The City may request a second opinion from a party of the employer's choice at the expense of the City. 4. Employees shall be allowed to return to the same or a compatible job following the leave, provided that the employee is physically and mentally able to fully perform the job duties. The City may require a medical certification from the employee or his physician stating that the employee is able to resume the performance of his/her usual customary job duties. 5. Employees shall not accrue seniority or any other benefit while on this leave when utilizing a form of unpaid leave. 6. The City shall continue to maintain coverage under the applicable group health plan B. The adoption or undertaking of foster care of a child. In this case, leave must be taken within twelve (12) months of the event. C. The care of a spouse, son or daughter under eighteen (18) years of age, or a biological parent if such person has a "serious health condition." The term "serious health condition" includes an illness, injury, impairment, or physical or mental condition that involves inpatient care at hospitals or other medical facilities or the continuing treatment by a doctor or other health care provider. D. A serious health condition of the employee himself/herself that renders the employee unable to perform the functions of the job. At the option of the City, the employee may be required to use any accrued and unused sick leave, vacation leave, or compensatory time leave in this case as a part of the leave. However, in the event of Injury Leave, the employee may elect leave in accordance with Section 8.14.01. 2. Employees requesting predictable leaves (adoption, birth, scheduled medical treatment) must give at least thirty (30) days advance notice. 3. Documentation of the circumstance necessitating the leave shall be required. The City may request a second opinion from a party of the employer's choice at the expense of the City. 4. Employees shall be allowed to return to the same or a compatible job following the leave, provided that the employee is physically and mentally able to fully perform the job duties. The City may require a medical certification from the employee or his physician stating that the employee is able to resume the performance of his/her usual customary job duties. 5. Employees shall not accrue seniority or any other benefit while on this leave when utilizing a form of unpaid leave. 6. The City shall continue to maintain coverage under the applicable group health plan 4JU for the duration of the employee's leave. The employee must continue to pay any portion of the premium that is required by the City for any dependent coverage. At the option of the City, the employee may be required to take any accrued and unused vacation or compensatory time or sick leave as a part of his leave. 8. The City may require the employee to report periodically on his/her status and intention to return to work. 9. The aggregate number of weeks shall be limited to twelve (12) when both the husband and wife are employed by the City. WHEN EFFECTIVE: This amendment shall be effective on the 5th day of October, 1998. PASSED AND APPROVED by the City Council of the City of Nederland this = day of Septembe 192$. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDOnna Floyd, City Secretary City of Nederland APPROVED AS TO FORM AND LEGALITY: ;Z =A- -'�' 44 -,-- Richard D. Hughes, City F ttorney City of Nederland 1 1 ' ORDINANCE NO. 1998 -12 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $19,037.18 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9 -30 -98 IN THE CITY OF NEDERLAND. WHEREAS, Generally Accepted Accounting Practices require that uncollectible accounts receivable be written off to 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 1997 -98 in the amount of $19,037.18 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,_ day of September, A.D., 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: I z ._.,. 1J 4�tr tip,. Richard D. Hughes, City Attorney City of Nederland, Texas 4 3 v Page 1 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF , 1 -01- 00060 -01 $118.43 1 -01- 00340 -04 177.36 1 -01- 00660 -01 172.38 1 -01- 01480 -00 44.73 1 -01- 01630 -00 28.97 1 -02- 00550 -00 48.31 1 -02- 01060 -06 21.67 1 -02- 01070 -03 87.45 1 -02- 01870 -00 13.03 1 -02- 02530 -08 1.27 1 -03- 00100 -01 128.25 1 -03- 00110 -02 136.35 1 -03- 01960 -00 44.73 1 -04- 00040 -00 57.60 1 -04- 00180 -02 191.29 1 -04- 00560 -01 18.94 1 -04- 00780 -00 50.00 1 -04- 00950 -01 23.62 1 -04- 01250 -02 60.17 1 -04- 01280 -02 197.48 1 -04- 01350 -01 189.02 1 -04- 01440 -00 44.73 1 -04- 01570 -02 30.38 1 -04- 01600 -00 145.86 1 -04- 01680 -03 174.48 1 -04- 01770 -00 203.57 1 -04- 01870 -00 61.56 1 -04- 02060 -00 322.93 1 -04- 03020 -04 219.48 1 -04- 04520 -01 40.67 1 -05- 00210 -05 4.28 1 -05- 00310 -01 24.42 1 -05- 00880 -01 71.74 1 -05- 01210 -00 23.07 1 -05- 01250 -01 68.43 1 -05- 01430 -01 79.17 1 -05- 01530 -02 92.97 1 -05- 01720 -01 69.41 1 -05- 01790 -00 49.02 1 -05- 01800 -02 36.15 1 -05- 01810 -03 18.43 1 -05- 01901 -02 84.61 1 -05- 01920 -01 49.85 1 -05- 03360 -04 10.89 1 -05- 03530 -02 71.60 1 -05- 03550 -01 23.74 1 -05- 03620 -00 31.86 1 -05- 03910 -06 32.62 1 -05- 04010 -00 96.98 1 -05- 04180 -00 146.25 1 -06- 00070 -00 45.40 1 -06- 00350 -00 98.94 1 -06- 00860 -01 36.77 1 -06- 01290 -01 75.68 ' 1 -06- 01290 -02 66.79 1 -06- 01390 -04 19.06 1 -06- 01590 -00 164.60 1 -06- 01650 -03 50.61 Page 2 1 -06- 01650 -05 28.97 1 -06- 02160 -04 37.13 1 -06- 02290 -01 39.81 ' 1 -06- 02300 -04 35.20 1 -06- 03110 -01 24.55 2 -07- 00090 -01 41.31 2 -07- 01670 -01 7.81 2 -08- 01070 -02 115.43 2 -08- 01160 -00 36.15 2 -08- 01180 -01 228.56 2 -08- 01380 -00 88.15 2-08- 01500 -00 60.08 2 -09- 00190 -01 28.55 2 -09- 00610 -00 32.68 2 -09- 01460 -00 40.44 2 -10- 00300 -01 31.86 2 -10- 00350 -02 228.39 2 -10- 00680 -02 154.29 2 -10- 00680 -03 25.40 2 -10- 00800 -01 94.64 2 -10- 01070 -00 52.00 2 -10- 01480 -00 56.27 2 -10- 01560 -01 1.27 2 -10- 02240 -00 85.85 2 -10- 02250 -00 58.23 2 -11- 00240 -00 31.86 2 -11- 02730 -00 36.15 2 -11- 03165 -01 584.43 2 -11- 03170 -02 3.34 2 -11- 03200 -00 133.09 2 -12- 00150 -00 4,450.65 2 -12- 00240 -04 2.74 2 -12- 00410 -03 90.39 2 -12- 00470 -02 131.16 2 -12- 00640 -02 14.06 2 -12- 00877 -01 114.14 2 -12- 00930 -00 70.58 2 -12- 01540 -01 10.00 2 -12- 01720 -00 29.82 3 -13- 00410 -02 32.37 3- 13- 00410 -04 111.41 3 -13- 00410 -05 55.04 3 -13- 00640 -02 57.73 3 -13- 02070 -02 119.32 3 -13- 02110 -02 77.99 3 -13- 02290 -00 200.63 3 -14- 00680 -05 92.80 3 -14- 01150 -00 28.97 3 -14- 01370 -00 36.15 3 -14- 01620 -01 47.29 3 -14- 01760 -01 271.20 3 -14- 02050 -02 98.27 3 -15- 00410 -00 99.56 3 -15- 00510 -02 85.07 3 -15- 01480 -05 49.54 3 -15- 01480 -06 82.05 3- 15- 02120 -00 88.36 ' 3 -15- 02370 -03 54.46 3 -15- 02680 -04 141.97 3 -15- 02680 -05 132.59 3 -15- 02770 -01 34.81 3 -15- 02770 -02 122.05 Page 3 3 -15- 02800 -05 1.78 3 -15- 02800 -06 3 -16- 00190 -00 199.39 85.10 3 -16- 00230 -00 21.00 , 3 -16- 00410 -01 61.95 3 -16- 00630 -00 129.71 3 -16- 00760 -02 383.35 3 -16- 00930 -01 149.98 3 -16- 01290 -03 95.85 3 -16- 02400 -03 119.18 3 -16- 02490 -00 2.17 3 -17- 00010 -00 151.37 3 -17- 00841 -00 26.73 3 -17- 00850 -05 115.20 3 -17- 01010 -02 124.19 3 -17- 01010 -03 56.41 3 -17- 01120 -03 81.32 3 -17- 01170 -02 66.18 3 -17- 01350 -00 85.79 3 -17- 01420 -01 102.33 3 -17- 01760 -01 55.87 3 -17- 01890 -04 24.28 3 -17- 01920 -02 61.43 3 -17- 02060 -02 23.33 3 -18- 00250 -04 66.67 3 -18- 00700 -05 85.70 3 -18- 00900 -00 20.12 3- 18- 01070 -00 113.67 3 -18- 02360 -03 21.42 3 -18- 02530 -00 26.55 4 -19- 00060 -00 39.71 , 4 -19- 00540 -00 71.87 4 -19- 01010 -05 5.56 4 -19- 01280 -01 127.01 4 -19- 02370 -03 88.97 4 -19- 03080 -02 53.31 4 -20- 00070 -00 116.25 4 -20- 00100 -03 62.37 4 -20- 00570 -01 90.97 4 -20- 01080 -01 127.44 4 -20- 01170 -02 152.36 4 -20- 01610 -01 60.75 4 -20- 01660 -00 148.01 4 -20- 01940 -01 54.44 4 -20- 01980 -05 28.45 4 -20- 02460 -04 82.42 4 -21- 01930 -00 10.05 4 -21- 02050 -00 61.54 4 -22- 01800 -01 26.31 4 -23- 00680 -03 818.37 4 -23- 01840 -02 99.89 $19,037.18 U CITY OF NEDERLAND ' RESOLUTION 1998 -22 ESTABLISHMENT OF JUST COMPENSATION TO ACQUIRE PROPERTY LOCATED AT 1404 SOUTH 16T" STREET WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, an appraisal and review appraisal of Lot 1, Block 1, Exclusive Estates Addition, also known as 1404 South 16`h Street, has been made in order for the City to obtain the tract to construct a sewer lift station, and WHEREAS, both appraisers, based upon available market data, have established the fair market value as $35,000, and WHEREAS, the City Council made an offer to Dr. Joseph Badlissi in the amount of $35,000 to purchase the aforementioned property. NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council does confirm and ratify the purchase of Lot 1, Block 1, Exclusive Estates Addition (1404 South 16`h Street) from Dr. Joseph Badlissi in the amount of $35,000 in order to construct a sewer lift station. PASSED AND APPROVED this the o1 day of wLarx 1998. H mer E. Nagel, Mayor City of Nederland, Texas ATTEST: �rrnr,ev �� LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attd ney City of Nederland, Texas 1 \J l <, %J - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. October 5, 1998 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 28, 1998 meeting as written. All Voted Aye. COMMENTS Ernie Knod, OCAW, addressed the Council relative to the City's policy regarding compensatory time for hourly employees. He asked `hat the Council consider changing the current maximum of eight , hours to at least twenty -four or forty hours. Mr. Knod stated that this would allow for employees who wished to attend schools that pertain to City business to do so without having to use vacation days. Mayor Nagel responded that the reason the Council reduced the number of hours an employee can retain on the books was due to the reduction in the work force the comp time was creating. When employees have several days of comp time built up it caused a reduction in the work force almost daily. He added that due to the small crews the City has the comp time was creating a delay in projects. Andre' Wimer, City Manager, stated that since the policy was approved to reduce the number of comp time hours the productivity has increased. Mayor Nagel suggested that the Council conduct a work session sometime in November to further study Mr. Knod's request and the policy regarding licensing for water and wastewater operators. 1 Minutes continued, October 5, 1998 CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Nugent to approve a contract with Schaumburg & Polk, Inc. for engineering services associated with Wastewater Collection System improvements (SSES). All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone approving a contract with Municipal Services Bureau for collection of delinquent utility accounts. All Voted Aye. LIBRARY A motion was made by Councilman Nugent and seconded by Mayor Nagel to approve Change Order No. 6, Marion and Ed Hughes Public Library, in the amount of +$513.66 for a rain shield above the book drop. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to postpone approving Resolution 1998 -23, establishing just compensation to acquire an easement at 1429 Avenue H. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution 1998 -24, transfer of cable television franchise. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment of the bills for the month of September, 1998. All Voted Aye. EXECUTIVE The regular meeting was recessed at 3:36 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland, Don Beagle v. City of Nederland; Entergy Rate Case, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding water treatment plant, and, consultation with City Attorney regarding Newton Water Company matters. 1 t3 _t Minutes continued, October 5, 1998 RECONVENE The regular meeting was reconvened at 4:17 p.m. by Mayor Nagel. He announced that all the items in the Executive Session, except the consultation with City Attorney regarding Newton Water Company, were for informational purposes only. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the City Attorney to proceed with a means to collect the delinquent utility account owed by Newton Water Company. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that the new centrifuges at the COMMENTS wastewater treatment plant have been installed and should be running this week. He added that the demolition project is underway and that the work is progressing on the South 5th Street water tower. Mr. Wimer stated that upon the completion of the Nederland Avenue project there are many areas of concern to the City. He informed the Council that we will video tape these areas in order to substantiate our concerns to TxDOT. Councilman Daughtry suggested that the City explore the need for a dress code for employees. I ADJOURN There being no further business the meeting was adjourned at 4:30 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: &J".1 aDonna Floyd, City Secretary City of Nederland, Texas 1 4tjo 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 /G -5 -9,2 Date Aoki CITY OF NEDERLAND RESOLUTION 1998 -24 A RESOLUTION APPROVING THE ASSIGNMENT OF THE CABLE FRANCHISE FROM TCI CABLEVISION OF TEXAS, INC. TO TEXAS CABLE PARTNERS, L.P. WHEREAS, TCI Cablevision of Texas, Inc. ( "Franchisee ") has requested that the City grant its consent for the cable television franchise granted by the City of Nederland, Texas (the "Franchise ") to be transferred to Texas Cable Partners, L.P. ( "Texas Cable "), as more fully described in Exhibit "A" attached hereto (the 'Transfer "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The Transfer of the Franchise from Franchisee to Texas Cable Partners, L.P. is hereby approved. Section 2. This resolution shall become effective upon the date of the closing of the transactions as described in Exhibit "A" and upon the acceptance of the Franchise by Texas Cable, including the assumption by Texas Partners, L.P. of all obligations of Franchisee relating to the Franchise. Section 3. A copy of this Resolution will be spread upon the minutes of the City Council. , READ, ADOPTED AND APPROVED this the S day of 0660t�ct 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City 8ecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 1 EXHIBIT "A" TO TRANSFER RESOLUTION OF THE CITY OF NEDERLAND, TEXAS Description of Transfer of Franchise from TCI Cablevision of Texas, Inc. to Texas Cable Partners, L.P. Affiliates of Time Warner and affiliates of TCI Cablevision of Texas, Inc. (the "TCI Affiliates') entered into a Contribution Agreement dated as of June 23, 1998 with Texas Cable Partners, L.P. ( "Texas Cable ") which provides for the transfer of the franchise to Texas Cable. For purposes of this resolution, the transfer of the franchise includes any necessary transfers of the cable television system and the Franchise through one or more affiliates of TCI Cablevision of Texas, Inc. TCI Change of Control On June 23, 1998, AT&T Corp., an affiliate of AT&T Corp and Tele- Communications, Inc., the ultimate parent entity of the TCI Affiliates, entered into an Agreement and Plan of Restructuring and Merger, which provides for AT&T Copr. acquiring control of Tele- Communications, Inc. The closing of the AT&T merger will result in a change of control over the ultimate parent of the TCI Affiliates. Structure Chart A chart showing the ownership of Texas Cable after the completion of the AT&T merger is attached to this Exhibit "A ". 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 19, 1998 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 October 5, 1998 meeting as written contingent upon changing "Construction Board of Appeals" to "Construction Board of Adjustments and Appeals." All Voted Aye. PUBLIC HEARING regular meeting was recessed at 6:03 p.m. by Mayor Nagel for E the purpose of conducting a Joint Public Hearing between the City Council and the Planning and Zoning Commission for the purpose of receiving comments regarding a request to re -zone Lots 1 -10, Block 2, J. D. Ford Addition from 'Residential' to "Industrial'. Planning and Zoning Commission members present were: C. J. Schexnaider, Mark Griffin, Kenneth Mitchell, and Jack Porter. Nikki Brackin, 8214 Ford Street, spoke on behalf of her father, W. B. Dorr, who requested the change and are in favor of the re- zoning. Ms. Brackin advised the Council that she had talked to a representative of the Federal Aviation Administration and they informed her that due to the close proximity of this property to the airport they would have to authorize any type of business that would be located in this area. They are required to regulate nuisances to air space such as smoke, dust, anything that would attract bird, etc. Ms. Brackin and several other residents want to be able to continue or begin operating machine shops, welding, and small engine repair shops. 1 Minutes continued, October 19, 1998 Mayor Nagel asked Ms. Brackin if she could supply the City with something in writing from the FAA regarding their regulations. He added that in light of this new information he would like to postpone any action on the re- zoning designation until these matters are clarified. He stated that he felt the Planning and Zoning Commission would be willing to reconsider their initial denial of Mr. Dorr's request. Richard Hughes, City Attorney, advised the Council to continue the Public Hearing at this time and place the action item on a future agenda afterthe Planning and Zoning Commission has an opportunity to reconsider this request. Joe McClendon, 8116 Ford, spoke against the re- zoning because the City of Nederland does not have a light industrial category, therefore, any type of industry would be allowed in the industrial designation. He feared that the potential would exist for an undesirable business to be able to locate in their neighborhood. However, he stated that he did not object to the businesses that currently operate on his street. Romy Rodriguez, 8214 Ford, spoke in favor of the re- zoning. She recently purchased this property and would like to be able to operate ' a business. She added that she also has spoken with an airport representative concerning their part in authorizing what can be built in this vicinity. Ms. Rodriguez stated that the airport representative said that this area should have never been designated residential due to the proximity of the airport. Andre' Wimer, City Manager, stated that the Planning and Zoning Commission stated that they would be in favor of reconsidering the re- zoning request in light of the new information presented tonight. There being no further questions and /or comments the Joint Public Hearing was adjourned and the regular meeting was reconvened at 6:29 p.m. by Mayor Nagel. ZONING A motion was made by Mayor Nagel and seconded by Councilman Daughtry to postpone action on a request to re -zone Lots 1 -10, Block 2, J. D. Ford Addition, from "Residential" to "Industrial ". All Voted Aye. WATER AND Steve Hamilton, Director of Public Works, updated the Council on the SEWER status of the repairs to the South 5th Street water storage tank. He reported that the overflow pipe that is being re- worked is supported by U -bolts and they have deteriorated and new ones are being 'r I v Minutes continued, October 19, 1998 fabricated in order to replace them. Mr. Hamilton also informed the Council that the inside of the tank is more deteriorated than first ' thought and additional work will be necessary. He added that a change order will be necessary and should be on the next agenda. CONTRACTS/ A motion was made by Councilman Nugent and seconded by AGREEMENTS Councilman Radcliff to approve a contract with Municipal Services Bureau for collection of delinquent utility accounts. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve a contract with Schaumburg & Polk, Inc. for surveying services on Gayle Lane in an amount not to exceed $1,900.00, contingent upon all the property owners allowing them on their property. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone approving a contract with Tri -City Sweeping, Inc. for street sweeping services. All Voted Aye. BUILDINGS A motion was made by Mayor Nagel and seconded by Councilman ' - Radcliff to award quotes received for electrical repairs at the old library (new Public Works Administration) to Miller Electric, Nederland, TX, in the amount of $7,586.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to award quotes received for heating and air conditioning repairs atthe old library (new Public Works Administration) to Williams Refrigeration and Air Conditioning, Port Neches, TX, in an amount not to exceed $2,000.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to award quotes received for ceiling tile installation at the old library (new Public Works Administration) to Kizziah Construction, Beaumont, TX, in the amount of $3,250.00. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the purchase of a sewer cleaner truck from HGAC in an amount not to exceed $74,563.32. All Voted Aye. A motion was made by Councilman Nugent and seconded by Mayor , Nagel to award bids received for water and sewer street repair work to Excavators & Constructors, Inc., Beaumont, TX, as follows: repairs of less than 10 sq. yds. - $69.88/sq. yd; and, repairs greater than 10 sq. yds. - $47.89/sq. yd. All Voted Aye. Minutes continued, October 19, 1998 A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bids received for library office furniture to Corporate Express, Beaumont, TX, in an amount not to exceed $14,750.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to award bids received for water and wastewater inventory items to Golden Triangle Pipe and Water Supplies, Beaumont, TX, in the amount of $79,316.50. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to award bids received for water and wastewater chemicals as follows: Chlorine (ton cylinders),$0.1430 /lb., DXI Industries, Houston, TX; 25% hdroflousilicic (4000 gal. tanker), $0.0785/lb, DXI Industries, Houston, TX; Anhydrous Ammonia, $0.22/lb, LaRoche Industries, Inc., Seabrook, TX; 50/50 Caustic Blend, $222.50/ton, Houston Chemical Distributors, LLC, Algoa, TX; and, Ammonia Bisulfate, $0.0925/lb., Chemcomm, Inc., Katy, TX. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize the advertisement of bids for roof replacement at the Doornbos Park Swimming Pool bathhouse. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize the advertisement of bids for roof replacement at the Recreation Building. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the advertisement of bids for replacement of the gym and racquetball court floors at the Recreation Building. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize the advertisement of bids for construction of a lab building at the Wastewater Treatment Plant. All Voted Aye. RESOLUTION A motion was made by Councilman Radcliff and seconded by Mayor Nagel to approve Resolution 1998 -23, establishing just compensation to acquire an easement at 1429 Avenue H. All Voted Aye. ' BUDGET A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve amendments to the 1997 -1998 budget (see attached). All Voted Aye. Minutes continued, October 19, 1998 A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Ordinance No. 1998 -13, amending the 1997 -1998 I budget. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Kinsel Industries, Inc. in the amount of $375,915.00, sludge dewatering facility. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugentto authorize payment to Schaumburg & Polk, Inc. as follows: $12,036.57, Main C Drainage Study; $1,989.00, Sanitary Sewer Evaluation Survey; and, $13,966.00, wastewater system improvements. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to A -Way Tank Service, Inc. in the amount of $55,567.00, South 5 Street water storage tank repairs. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:30 p.m. by Mayor Nagel for ' SESSION -the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, Robert Millerv. City of Nederland; Louis Hernandez v. City of Nederland; Don Beagle v. City of Nederland, et al.; Tompkins Construction Company v. City of Nederland; Entergy Rate Case; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; and, consultation with City Attorney regarding Newton Water Company matters. RECONVENE The regular meeting was reconvened at 7:46 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. OFFICIALS' Andre' Wimer, City Manager, informed the Council that a line coming COMMENTS into the Wastewater Treatment Plant area is leaking and causing the ground to cave in. The line is too deep for any of our equipment to dig, therefore, we are waiting until the contractor comes in so that we may use their equipment and rent shoring so that we can determine the extent of the damage to this line. 1 1 Minutes continued, October 19, 1998 The City Manager added that a letter has been mailed to TxDOT asking them to postpone the punch out of Nederland Avenue until we had an opportunity to discuss our concerns of the project with them. Mr. Wimer stated that the City has been approached by the Mid County YMCA regarding office space. Due to the school district's recent decision to not renew their contract with the YMCA the Mid County chapter has decided to merge with the Port Arthur facility and they would like to maintain an office in Nederland in order to provide a local place for people to sign up for various activities and also provide a Nederland telephone number to answer questions. Mr. Wimer stated that he will invite them to a council meeting in the near future to address the Council regarding this matter. Councilman Daughtry thanked Mid Jefferson Hospital and all the city staff that participated in the picnic on Saturday, October 17`h ADJOURN There being no further business the meeting was adjourned at 8:10 p.m. by Mayor Nagel. ATTEST: A��M � �� LaDonna Floyd, City Secretary 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 'iNk City Secretary • • 1, Date k, AGREEMENT This Agreement is made and entered into this /9 day of 6 ajLLkA 11998, by and between Gila Corporation, d/b /a Municipal Services Bureau, a Texas Corporation [hereinafter, "MSB "], and the City of Nederland, Texas [hereinafter, the "City "], who agree as follows: I. COLLECTION OF DELINQUENT UTILITY ACCOUNTS A. Debtor Contact. MSB will mail notices, telephone or otherwise contact debtors with delinquent accounts with the City in order to attempt to collect those monies owed by the Debtors. The City will provide, in addition to the names and last known addresses of the Debtors, all information regarding the date(s) of the alleged debt(s), the amount of such debt(s) and the date judgment was entered against the debtor, if applicable. B. Correct Information. MSB will rely completely on the City to provide correct information about the Debtors' bill and, specifically, about the dollar amount in question, and the City will immediately update and correct any information it has provided to MSB. In particular, the City will immediately notify MSB of any payment or other satisfaction of judgment made directly to the City, or any other action affecting the amount or timing of monies owed by the Debtor to the City. C. Legal Action/Credit Bureaus. The City authorizes MSB to report delinquent accounts to the credit bureau(s) of MSB's choice. MSB shall have no liability for any amounts uncollected and in no event shall be required to bring any suit for the collection of any such uncollected amount. Should the City and MSB mutually agree that a suit is the proper course of action against a Debtor to effect collection, MSB would request written authorization from the City before proceeding. II. COMMISSIONS ON ACCOUNTS COLLECTED. A. Basic Commission Rate - Delinquent Accounts. For all accounts referred by the City to MSB for collection for which the City is paid (in whole or in part), regardless of whether payment I is accepted directly by the City or by MSB on the City's behalf, the City will pay to MSB, in Travis County, Texas, a 45 percent commission rate on the amount collected. B. Notification of Collections. The City will immediately notify MSB of accounts referred to MSB for collection that have been paid or disputed by the Debtors directly to the City whenever that payment or dispute occurs. By the fifteenth of each month, MSB will provide detailed reporting to the City to identify all accounts known to be collected during the prior month and to remit monies collected on the City's behalf. The City authorizes MSB to endorse negotiable instruments made payable to the City and provided to MSB for payment of monies due and to deduct commissions due on those accounts paid directly to MSB from the amounts collected by MSB. If MSB is required to invoice the City for commissions due, the City agrees to review the invoice and forward payment to MSB with 30 days of receipt of the invoice. III. TERM OF AGREEMENT. This Agreement will be in full force and effect until terminated by either party in writing to the respective parties at the addresses set out in this section. If the Agreement is terminated, any City accounts then held by MSB will be returned to the City 90 days from date of termination. Notices to MSB: Municipal Services Bureau , 5912 Balcones Drive, Suite 100 Austin, Texas 78731 -4202 Notices to City: Andre Wimer City Manager City of Nederland P.O. Box 967 Nederland, Texas 77627 -0967 IV. OTHER PROVISIONS. A. Indemnification. To the extent permitted by applicable law, MSB will indemnify and hold harmless the City from and against any and all loss, damages, liability, claims or injury resulting from all actions performed by MSB or its agents on MSB's behalf in connection with this Agreement. provided, however, that this Agreement shall not apply with respect to any erroneous information , furnished to MSB by the City nor shall it apply to any act or omission of the City. 1 1 1� B. Applicable Law. This Agreement will be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties to this Agreement have signed and delivered this Agreement on the day and year first above written. MUNICIPAL SERVICES BUREAU: By: Thomas M. Giamboi, Vice President CITY of NEDERLAND: By: Horner NpLs, -.l Its Nay,gr and representative duly authorized to execute this Agreement. T ;e7b CITY OF NEDERLAND RESOLUTION 1998 -23 ' ESTABLISHMENT OF JUST COMPENSATION TO ACQUIRE AN EASEMENT LOCATED AT 1429 AVENUE H WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, an appraisal and review appraisal of a 15' easement across the property at 1429 Avenue H, has been made in order forthe City to obtain the 3,940 square foot tract to construct a sewer line, and WHEREAS, both appraisers, based upon available market data, have established the fair market value as $600.00 plus $4,000.00 for fencing, and WHEREAS, the City Council made an offer to Mr. Chalmos L. Whtie in the amount of $4,600 to acquire the aforementioned easement. NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council does confirm and ratifythe acquisition a 15' easement across the property at 1429 Avenue H from Mr. Chalmos L. White in order to construct a sewer line as follows: 1. $600.00 as determined by the appraisals; 2. $4,000.00 to be utilized for the installation of fencing; , 3. Assurance that the sewer line will be bored under the property; 4. Mr. White will retain full use of the property, with the only exception being that no buildings /structures can be construction within the boundaries of the easement; 5. During construction of the force main, any damage to the property will be repaired by the contractor; 6. After construction has been completed, any damage to the property caused by the City when repairs are needed, will be repaired by the City; and, 7. The easement is for the installation of the single line and includes its repairs and replacement, if necessary, in the future. PASSED AND APPROVED this the I q day of Sctvbi k —1998. Homer E. Nagel, Mayor V— City of Nederland, Texas ATTEST: ��y QDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cit Attorney City of Nederland, Texas E � 1 Ilarnlllll am L N � d m m om v m 0 6 N O C a C E _m �c 0 U O °u L E C E m O b i F.. W � W o 0 W ' 3 F- Z a� i w E > m O t d O � r cl n I? Z w ❑ { h F. w (7 ❑ N C ❑ m U U 0 ❑ U � LU 3 " W 1 Ilarnlllll am L N � d m m om v m 0 6 N O C a C E _m �c 0 U O °u L E C E m O 0 a 3 3 0 N .. 0 a 3 0 'o 3 c A E 0 \ b i ° � E o E a a 3 rn i > m O t d O n In n I? h H N W ❑ LU ~ Z E W ° o w w C7 D m 0 a 3 3 0 N .. 0 a 3 0 'o 3 c A E 0 \ b i c � ° o U O U rn i > m O t d O n In n I? C E b E N C b Y C O 10 N d N b LL o' o o' U a � a f o 0 O p E c E � a 4` _ G rc = a a d d F- U 4 F �l a�s W 7 . 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WHEREAS, the City Council previously approved Ordinance No. 1997 -07 which adopted the 1997 -98 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the 1997 -98 City budget to make additional expenditures as set out in Attachment "A" attached hereto; and, WHEREAS, the 1997 -98 City of Nederland budget states, "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 1, 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." WHEREAS, it has been determined that such funds are available and can be used for the expenditures as set out in Attachment "A" attached hereto; and, WHEREAS, the City Council finds that the budget for 1997 -98 fiscal year should be 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 1997 -07 adopting the budget for 1997-98; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for 1997 -98 fiscal year is amended to allow for increases expenditures as set out in Attachment "A." 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 I i DAY OF OCTOBER, A.D., 1998. Homer E. Nagel, Mayor City of Nederland, Texas �VJ 286 BUDGET ORDINANCE AMENDMENT - ATTACHMENT A WATER & SEWER FUND Amend Water & Sewer Fund by appropriating unencumbered funds remaining at 9 -30 -97 in the amount of $37,027 and increase line items as detailed below: Increase 50 -60 -00 -6111 Overtime $ 5,505 Additional overtime needed due to recent storms Increase 50 -60 -00 -6121 Group Insurance 1,002 Increase 50 -60 -00 -6124 TMRS 3,040 Increase 50 -60 -00 -6126 Social Security 1,376 Increased benefits line items were necessary due to additional overtime Increase 50 -60 -00 -6256 Chemicals & Insecticides 19,305 Had to purchase polymer when water turned bad following storms Increase 50 -60 -00 -6265 Supplies/Minor Tools & Equipment 262 Underbudgeted Increase 50 -60 -00 -6366 Rental Equipment 1,537 Rented generator when the plant lost power Increase 50 -60 -00 -6404 Untreated Water 5,000 Additional raw water purchased during drought SOLID WASTE FUND Amend Solid Waste Fund by appropriating unencumbered funds remaining at 9 -30 -97 in the amount of $51,600 and increase line items as detailed below: Increase 52 -33 -00 -6390 Waste Disposal Increase 52 -33 -00 -6396 Recycling Increase 52 -33 -00 -6397 Green Waste Disposal $ 31,500 6,140 13,960 Additional costs were incurred due to the additional area serviced because of annexation. 1 1 1 3:00 p.m. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 9, 1998 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 October 19, 1998 meeting as written. All Voted Aye. PRESENTATION Gary Tiner, C. O. Wilson Middle School principal, explained that the school wanted to participate in Nederland's Centennial Celebration and the 6`h grade teachers came up with idea of making a quilt with each square depicting some aspect of Nederland. He introduced the teachers in attendance: Shelly Burrell, Hazel Hall, and Stephanie Hiltz. Ms. Hiltz stated that each 6th grade home room made a square for the quilt. She introduced the students in attendance: Candace Long, Mallory Sanches, Beth Graffagnino, and Kim High. Mallory Sanches presented the quilt to the City on behalf of C. O. Wilson Middle School. Mayor Nagel, on behalf of the Council and citizens of Nederland, thanked the C. O. Wilson Middle School and staff for their donation. PROCLAMATION Mayor Nagel presented a Proclamation to Mr. Tiner declaring November 9, 1998 as "C. O. Wilson Middle School Day ". A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve a Proclamation declaring November 9, 1998 as "C. O. Wilson Middle School Day" in Nederland, Texas. All Voted Aye. 1 J ?6(7) continued, November 9, 1998 A motion was made by Councilman Sawyer and seconded by Councilman Daughtryto approve a Proclamation declaring November 1998 as "Alzheimer's Disease Month" in Nederland, Texas. All Voted Aye. REQUEST Mike Kelly, Executive Director of the Port Arthur YMCA, addressed the Council relative to their desire to obtain office space somewhere in Nederland. He added that due to the recent decision by the Nederland Independent School District to not renew the Mid Council YMCA's lease agreement they merged their programs with the Port Arthur YMCA. They are desirous of locating an office in Nederland for the Mid County residents to have a local place to obtain information, register for programs, etc. Mr. Kelly asked if the City has any office space in the old library building that they could use. He stated that they are willing to share the cost of utilities and provide their own telephone service. The proposed office would be staffed with one YMCA employee. Charlie Rhodes, YMCA Board Member, added that they want to be able to continue to offer the children of Mid County the activities that have been available to them for many years. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to authorize the Mid County YMCA to utilize office space at the old library building with the details to be worked out between the City Manager and YMCA representatives. All Voted Aye. ZONING A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to postpone action on a request to re -zone Lots 1 -10, Block 2, J. D. Ford Addition, from "Residential" to "Industrial ". All Voted Aye. STREETS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to notify the Texas Department of Transportation of the City's concerns with the Nederland Avenue project and inform them that the project should follow the approved specifications, with no additional cost to the City. All Voted Aye. FINANCE As a requirement of the Public Funds Investment Act the Council reviewed the City's Investment Policy. Minutes continued, November 9, 1998 A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1998 -25, adopting an amended Investment Policy. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve the Quarterly and Annual Investment Reports as presented by Cheryl Dowden, City Treasurer. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by AGREEMENTS Councilman Daughtry to approve a contract with Tri -City Sweeping, Inc. for street sweeping services in an amount not to exceed $1,970.00 per cycle. All Voted Aye. TAXATION A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1998 -26, approving the 1998 tax roll as certified by the Jefferson County Tax Office. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for banking services to Prime Bank, contingent upon the contract being approved by the City Attorney. All Voted Aye. GARBAGE AND A motion was made by Councilman Sawyer and seconded by Mayor TRASH Nagel to authorize the purchase of a garbage truck from HGAC in an amount not to exceed $131,591.01. All Voted Aye. POLICE A motion was made by Mayor Nagel and seconded by Councilman DEPARTMENT Sawyer to authorize the purchase of two (2) police cars from HGAC in the amount of $36,541.50. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve a lease- purchase agreement for police cars with Ford Motor Credit, contingent upon the contract being approved by the City Attorney. All Voted Aye. STREETS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Change Order No. 1, Salenga Construction, concrete street repair project, in the amount of +$8,818.54. All Voted Aye. 't J Minutes continued, November 9, 1998 LIBRARY A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve Change Order No. 1, Southwestern Bell, telecommunication cabling at the Marion and Ed Hughes Public Library, in the amount of +$944.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Change Order No. 1, Cultural Surroundings, steel shelving at the Marion and Ed Hughes Public Library, in the amount of +$744.00. All Voted Aye. PERSONNEL A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve amending the Wage & Salary Classification Plan, eliminating the Maintenance Worker I and Maintenance Worker II positions and creating a Maintenance Worker position. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to T & N Laboratories, Inc. in the amount of $425.00, Wastewater Treatment Plant digestor demolition. All Voted Aye. EXECUTIVE The regular meeting was recessed at 4:40 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale and /or release of property; Chapter 551.071, Robert Millerv. Cityof Nederland; Louis Hernandezv. Cityof Nederland; Don Beagle v. City of Nederland, et al.; Tompkins Construction Company v. City of Nederland; Entergy Rate Case; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; and, consultation with City Attorney regarding Newton Water Company matters. RECONVENE The regular meeting was reconvened at 4:51 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. PROPERTY A motion was made by Mayor Nagel and seconded by Councilman Sawyer to reject the donation of property described as Lot 4, Tr. 10, Block 18, Range H, PALCO. All Voted Aye. Czi i Minutes continued, November 9, 1998 PERSONNEL Ernie Knod, OCAW, addressed the Council relative to increasing employee training /compensatory time from 8 hours to 24 hours. Mayor Nagel stated that since the 8 hours comp. time policy has been in effect the productivity has increased. He feels that since the City allows vacation to be taken one day at a time the 8 hour cap on comp. time is sufficient. After a discussion it was the consensus of the Council to maintain the 8 hour compensatory time policy for employees. OFFICIALS' Andre' Wimer, City Manager, reported the following: centrifuges at COMMENTS the Wastewater Treatment Plant are in; repairs to the South 5th Street Water Tower is continuing and the contractors are trying to match the paint; pipe is being laid in Wagner Addition; 1998 driveway program is almost complete; and, library furniture arrived last week. Mr. Wimer reminded Council of the Employee Appreciation Dinner on Tuesday, November 10`h at the K. C. Hall and the Veteran's Day Celebration at Doornbos Park on Wednesday, November 11`h. ADJOURN There being o further business the meeting was adjourn g g adjourned at 5:40 p.m. by Mayor Nagel. ATTEST: La Donna Floyd, City gecretary 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 X1-9 -92 Date 1 CITY OF NEDERLAND RESOLUTION 1998 -25 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 60% of the City's investment portfolio, rather that 40 %. 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 60% of the City's investment portfolio, rather than 40%, 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 q day of '1998. Homer E. Nagel, Mayor ' City of Nederland, Texas ATTEST: CA!" �" LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. City Attorney City of Nederland, Texas 1 293 CITY OF NEDERLAND RESOLUTION 1998 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 1998 TAX ROLL. 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 1998 tax roll. PASSED AND APPROVED this the R day of 1998. 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, Cit Attorney City of Nederland, Texas < 9 a S U) z O 0 w i1 N uL w. LL 11 :C t �r r "7 r .J i _I iJ O i• i lY co t:J tr. 1 R. LL -- w a r� w U. h JZ w G ' 0.1 a w 6 .- lf: G O F - r .. tU E Jj 4) 0 r. M O O. N J NwFrJifi O G r .j w w z w JZ z 0 O. w 00 X7iri uw 0w i) -j :soon .,fir a E O r iJ A S, A C> O CY r a U }- ftJaaJiQ:x W E 4 U L cUT0W O: >UN } a 6G» w aFa w n w z ib Lf,r - ^ a a6) W CL > -i CL r a O w F to " 1. trf t4 rA Kr O- w 0 _I rrG0 mOAF 0 .9> 0 .a zJ j CL o. X w if,a W 0 w z— Juw a0)rr O.U) hi, E w> LL aaNr a how W o "7 O >x a rrrh r x 0 > F QaXXiaC?O �mOC7 Z OD wwww OaCwuj O r G w waaS2a J a 0 aF >> >> h- FLL w F 295 O a" O r` CU O C? C? C++ a tU A O O 0 CiO T OOA uT T.; LA OU'i 04o — Tr f') UT 7' tV � RJ Ul p; ... b r_ c _f ui n w z w 0 F h F- F Q ❑ tfi w zzzz O F J < a a a u M - I!:ceLYw r a:D a w w w w U) ul O :•i F r F h W M E O Q A 7 i> O q h .-• C W v 00 T w O O T -- Psi 00 -- G C? V' •.4 ^ .'� ^ iJ :"� O O �V of T O •- r-I -TO hGO a. co rl c.) a r- o• ti n M M o ul Wi Lf. PI CO 0 •.V 0 M co i CYJ 0) Ul V, M Oi ^ M T v U! 0 A {iJ OA d• U+ P «- a J 17 CIA U) Ir P P - Pl r .. tU E Jj 4) 0 r. M O O. N J NwFrJifi O G r .j w w z w JZ z 0 O. w 00 X7iri uw 0w i) -j :soon .,fir a E O r iJ A S, A C> O CY r a U }- ftJaaJiQ:x W E 4 U L cUT0W O: >UN } a 6G» w aFa w n w z ib Lf,r - ^ a a6) W CL > -i CL r a O w F to " 1. trf t4 rA Kr O- w 0 _I rrG0 mOAF 0 .9> 0 .a zJ j CL o. X w if,a W 0 w z— Juw a0)rr O.U) hi, E w> LL aaNr a how W o "7 O >x a rrrh r x 0 > F QaXXiaC?O �mOC7 Z OD wwww OaCwuj O r G w waaS2a J a 0 aF >> >> h- FLL w F 295 296 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 7 6:00 p.m. November 23, 1998 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 Mayor Nagel to approve the minutes of the November 9, 1998 meeting as written. All Voted Aye. APPEARANCES Mayor Nagel introduced Adam McKee, Boy Scout Troop 53, and his Troop Leader Emil Olesky, who was attending the meeting in orderto work towards a merit badge. PRESENTATION Jess Fuller, Nederland Heritage Festival Foundation President, on behalf of the Foundation, Festival and Board of Directors presented a check in the amount of $5,000 to Victoria Klehn, Librarian, to be used for equipment at the new Marion and Ed Hughes Public Library. Ms. Klehn thanked Mr. Fuller for their generosity and reported that she will be purchasing a video check/cleaning machine. Mr. Fuller added that the Foundation also made a $5,000 donation to the Nederland Police Department for an in -car video camera. Mayor Nagel, on behalf of the Council and citizens thanked Mr. Fuller and the Nederland Heritage Festival for their donation, as well as the many other donations they have made for the past 25 years. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the donation of $5,000 from the Nederland Heritage Festival Foundation to be used at the Marion and Ed Hughes Public Library. All Voted Aye. Minutes continued, November 23, 1998 Carolyn Motl, Entergy, announced that they had nominated the Nederland Economic Development Corporation for state wide recognition as being an outstanding corporation. She added that the Nederland Economic Development Corporation did receive this prestigious designation and she wanted to take this opportunity to formally present it to the NEDC at the Council meeting. RECESS Mayor Nagel called for a short recess at 6:10 p.m. RECONVENE The regular meeting was reconvened at 6:20 p.m. by Mayor Nagel. PRESENTATION A motion was made by Mayor Nagel and seconded by Councilman Sawyer to accept the award as presented by Entergy to the Nederland Economic Development Corporation. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:21 p.m. by Mayor Nagel for the purpose of receiving comments regarding the City's curfew ordinance. ' Andre' Wimer, City Manager, reported that this Public Hearing is being conducted as a requirement of Texas Local Government Code, Chapter 370.002, which states that curfew ordinances be reviewed every three (3) years. Chief Neal stated that the ordinance appears to be working well, but that he may look into changing the time on Friday and Saturday nights from 11:00 p.m. to 12 midnight sometime in the future. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:25 p.m. by Mayor Nagel. ORDINANCES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to continue Ordinance No. 388, curfew ordinance, as written. All Voted Aye. ' ZONING A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the request to re -zone Lots 1 -10, Block 2, J. D. Ford Addition, from "Residential" to "Industrial ". All Voted Aye. Minutes continued, November 23, 1998 PROPERTY A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve Resolution 1998 -27, authorizing a License to Encroach at 3604 Franklin Avenue and authorizing the City Manager to sign the document. All Voted Aye. LICENSES AND A motion was made by Councilman Sawyer and seconded by PERMITS Councilman Nugent to accept the applications for "on premise" consumption of alcoholic beverages in accordance with Ordinance no. 70 as follows: B. K. Hammerly dba American Legion Post 493; Irene Collins dba Irene's, Inc.; R. H. M. Corporation dba Lasuprema; Albert Ramirez dba Taco Rey; Constatine Megas dba The Schooner; Joe Tortorice dba Novrozsky's; Sal Carfi dba Italian Restaurant and Flying Pizza; and, Kimberly Sartin dba Sartin's Seafood. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to award bids received fora telephone system for the City Hall complex, old library, Water Treatment Plant and Parks and Recreation to Southwestern Bell in the amount of $55,321.50. All Voted Aye. BUILDINGS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the replacement of carpeting at the old library building as proposed by Porter's Carpets, Inc., Beaumont, TX, in the amount of $5,854.75. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Kinsel Industries, Inc. in the amount of $39,900.00, sludge dewatering facility. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Don S. Reichle & Associates in the amount of $7,674.35, South 5`h Street water storage tank rehabilitation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to A -Way Tank Service, Inc. in the amount of $42,382.00, South 5`h Street water storage tank rehabilitation. All Voted Aye. A motion was made by Councilman Radcliff and seconded by Councilman Sawyer to authorize payment to Norman Highway Constructors, Inc. in the amount of $87,794.60, Wagner Addition wastewater collection improvements. All Voted Aye. Minutes continued, November 23, 1998 EXECUTIVE The regular meeting was recessed at 6:48 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; and, Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Don Beagle v. City of Nederland, et al; Tompkins Construction Company v. City of Nederland; Entergy Rate Case; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; and, consultation with City Attorney regarding Newton Water Company matters. RECONVENE The regular meeting was reconvened at 7:05 p.m. by Mayor Nagel. He announced that the Executive Session was for informational purposes only, except for the consultation with the City Attorney regarding Newton Water Company matters. This item will be voted on during the open meeting. PROPERTY A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the purchase, in the amount of $98.000, of that ' portion of Newton Water Company that is in the newly annexed area of Nederland in accordance with a letter agreement entered into by a representative of the City of Nederland, Newton Water Company, and AquaSource, contingent upon approval of the sale of Newton Water Company to AquaSource by the TNRCC. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that the street sweeping will COMMENTS begin next week. He also reported that he, Mayor Nagel, Steve Hamilton and representatives of TxDOT and Bo -Mac met on Nederland Avenue today to discuss the City's disappointment in the project. TxDOT indicated that the problems will be remedied to the City's satisfaction. Councilman Nugent asked the City Manager to consider sealing off the door between the Council Chambers and the Fire Department. Councilman Sawyer inquired as to the increased number of licenses to encroach being issued. Mr. Wimer stated that the new ordinance adopted last year should prevent this in the future due to the cost ' involved and the requirements that must be met to obtain building permits. He added that many of those that have been approved were for structures that were built many years ago. 306 Minutes continued, November 23, 1998 ADJOURN There being no further business the meeting was adjourned at 7:20 I p.m. by Mayor Nagel. v Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 4LaDonna � Floyd, City Secretary City of Nederland, Texas u 1 ' ± '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 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 v C�" City Secretary Date 30 CITY OF NEDERLAND RESOLUTION NO. 1998 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING THE EXECUTION OF A LICENSE TO ENCROACH AGREEMENT BETWEEN THE CITY OF NEDERLAND AND MARY E. A. BARGER REGARDING ENCROACHMENTS ADJACENT TO LOT 44, BLOCK 26, YOUMANS 7 ADDITION TO THE CITY OF NEDERLAND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1 THAT the City Manager is hereby authorized and directed to execute on behalf of the City, a License to Encroach Agreement between the City of Nederland (Licensor) and Mary E. A. Barger (Licensee) pertaining to encroachments adjacent to Lot 44, Block 26, Youmans 7 Addition, a copy of said Agreement being attached and made a part hereof. ' PASSED AND APPROVED this the o23 day of &A� 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: �� q aDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City A orney City of Nederland, Texas .T Cf r I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. December 7, 1998 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 Radcliff to approve the minutes of the November 23, 1998 meeting as written. All Voted Aye. REQUEST Andre' Wimer, City Manager, informed the Council that Rickie Salenga has requested to have a water tape on Patillo Road which is ' outside the City limits and ETJ, and outside the City's CCN. This road is located between Tate & Company and Triangle Baptist Church on Hwy. 69. The City currently provides water service to these two sites. Mr. Wimer added that since the area is outside our jurisdiction he felt the Council should address the request. He recommended the Council approve the request because there are no other providers of water in the area. Apparently this area lies within the ETJ of both Port Arthur and Beaumont. Steve Hamilton, Director of Public Works, stated that he is not aware if the City ever accepted the water line which services Triangle Baptist Church and Tate & Company. It was the consensus of the Council that further investigation should be done as to the ownership of the main water line before the City taps into it. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to postpone action on a request from Salenga Construction regarding a water tap on Patillo Road. All Voted Aye. ' DRAINAGE Greg Frank, Costello, Inc., gave a brief update on the status of the Main "C" Drainage Study. Mr. Frank stated that they received the survey from Schaumburg & Polk and are in the process of building hydraulic models of the drainage. He anticipates that the draft report, which does include the annexed area, will be available to city staff by April, 1999. The draft should identify problem areas in the City. ,S U -T Minutes continued, December 7, 1998 LICENSES/ A motion was made by Mayor Nagel and seconded by Councilman PERMITS 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 6. Irene Collins dba Irene's, Inc. 2. Sal Carf dba Italian Restaurant & Flying Pizza 7. Joe Tortorice dba Novrozsky's 3. R. H.M. Corporation dba LaSuprema 8. Kimberly Sartin dba Sartin's 4. Travis Neal Pearce dba Mazzio's Pizza 9. Albert Ramirez dba Taco Rey 5. Constantine Megas dba The Schooner All Voted Aye. LIBRARY A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve an application for an Automate Enhance Grant from the Houston Area Library System. All Voted Aye. STREETS AND A motion was made by Mayor Nagel and seconded by Councilman SIDEWALKS Sawyer to approve the installation of a street light at 4317 Shelly. All Voted Aye. FINANCE A motion was made by Mayor Nagel and seconded by Councilman ' Nugent to approve the submission of a revision to the SRF Engineering Feasibility and Environmental Assessment to the Texas Water Development Board. All Voted Aye. WATER AND A motion was made by Mayor Nagel and seconded by Councilman SEWER Sawyerto approve Change Order No. 1 in the amount of +$1,621.00, Superior Abatement, Inc., old water treatment plant abatement. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bids received for roof replacement at the Doornbos Park Swimming Pool Bathhouse to Barnett Construction, Port Neches, TX, in the amount of $6,640. All Voted Aye. A motion was made by Councilman Nugent and seconded by Mayor Nagel to postpone awarding bids received for roof replacement at the Recreation Building and replacement of the gym and racquetball courts floors at the Recreation Building. All 'Voted Aye. 1 Minutes continued, December 7, 1998 PROPERTY A motion was made by Mayor Nagel and seconded by Councilman Sawyerto declare the following City property as surplus and authorize its disposal: 1984 Chevrolet Dump Truck 1989 Ford Dump Truck 1988 Dodge Diplomat 1984 Chevrolet Pickup 1987 Chevrolet Pickup 1987 Chevrolet Pickup 1988 Plymouth Van 1995 Ford Crown Victoria Utility Bed Postage Meter Wrecked/Total Loss Burned /Inoperable No longer needed Unsafe /Inoperable Unsafe /Inoperable Unsafe /Inoperable High maintenance High mileage Not useable Decertified by USPS the 1984 Chevrolet dump truck will be purchased by the insurance company and the 1995 Ford Crown Victoria will be traded in on a new police car. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor ' Nagel to authorize payment to Schaumburg & Polk, Inc. as follows: $1,923.00, Sanitary Sewer Evaluation Survey; $85.47, Wagner Addition wastewater system improvements; and, $22,26.91, wastewater system improvements. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment of the bills for the month of November, 1998. All Voted Aye. EXECUTIVE The regular meeting was recessed at 3:50 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale and /or release of property; and, Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Don Beagle v. City of Nederland, et al; Tompkins Construction v. City of Nederland; Entergy Rate Case; City of Nederland v. Energy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the water treatment plant; and consultation with City Attorney regarding Newton Water Company matters. ' RECONVENE The regular meeting was reconvened at 4:17 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only, exceptthe discussion regarding sale of propertywhich will be voted upon during open session. 30 E4b Minutes continued, December 7, 1998 PROPERTY A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the sale of property described as parts of Lots 6 ' and 7, Block 19, Range F, PALCO to CBH Services, Inc. in the amount of $6,000.00, contingent upon approval of the conveying documents by the City Attorney. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported on the following: street COMMENTS sweeping should begin any day; South 5`h Street water tower is back in service; and, Rienstra Park dedication is tentatively set for December 17`h at 10:00 a.m. Mayor Nagel reported that he has received numerous complaints regarding the mail service in Nederland. He added that he spoke to the Postmaster and he indicated that they have been short handed but expect the services to be back to normal soon. Councilman Nugent asked if the City is preparing for the Y2K problems. The City Manager stated that city staff is working on the problem areas. Councilman Daughtry reported that the street light at the intersection I of 27'h Street and Nederland Avenue is still inoperable. Mr. Wimer responded that he will contact Entergy. ADJOURN There being no further business the meeting was adjourned at 4:30 p.m. by Mayor Nagel. ATTEST: a "" d LaDonna Floyd,- City Secretary xas Homer E. Nagel, Mayor City of Nederland, Texas 1 .? V 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE 1PRESENT 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 ' la.'1-4�" Date .) 4_T i) REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. December 14, 1998 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 December 7, 1998 meeting as written. All Voted Aye. WATER AND A motion was made by Mayor Nagel and seconded by Councilman WASTEWATER Nugent to approve the connection of a water tap for Salenga Construction on Patillo Road (outside the city limits, outside the City's ETJ, and outside the City's CCN)) and contact the Cities of Port Arthur and Beaumont regarding the City of Nederland being able to obtain a Certificate of Convenience and Necessity in order to allow us to legally provide water service in this area; obtain the necessary documents from Garth Company dedicating the main water line to the City of Nederland (see attached letter); obtain a release from Salenga Construction regarding the City's ability to furnish water service; instruct the City's Inspection Department to deny any further permits on this road until the dedication of the line is complete; and, inform Mr. Salenga that the City will make the tap if he will be responsible for laying the line underthe road to the existing main line. All Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1998 -14, authorizing the City to make current and prior service contributions to the City's account in the Texas Municipal Retirement System. All Voted Aye. RESOLUTIONS A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Resolution No.1998 - -28, designating and authorizing City employees to open bank accounts at Prime Bank and designating the authorized signers on bank accounts. All Voted Aye. .i!1;) Minutes continued, December 14, 1998 A motion was made by Councilman Nugent and seconded by ' Councilman Radcliff to approve Resolution No. 1998 -29, amending the City of Nederland's ICMA deferred compensation plan. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution No. 1998 -30, suspending the operation of proposed rate schedules filed by Entergy Gulf States, Inc. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone authorizing the purchase of garbage containers from HGAC. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to award bids received for roof replacement at the Recreation Building to Gentile Construction Co., Port Neches, TX, in the amount of $37,982.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for replacement of the gym and racquetball court floors at the Recreation Building to A.R.M.S., Longview, TX, in the amount of $57,960.00. All Voted Aye. PARKS AND A motion was made by Mayor Nagel and seconded by Councilman RECREATION Nugent to approve Change Order No. 1, Gentile Construction, Recreation Building roof replacement, in the amount of +$3,528.00. All Voted Aye. MANAGEMENT A motion was made by Mayor Nagel and seconded by Councilman INFORMATION Sawyer to award bids received for computer software to Incode, SYSTEM Lubbock, TX, in an amount not to exceed $110,000.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to award bids received for computer hardware to Incode, Lubbock, TX, in the amount of $12,861.00; and, Dell Computers in the amount of $39,296.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Mayor Nagel to award bids received for hand held meter reading devices to Schlumberger, Houston, TX, in the amount of $14,152.00. All Voted Aye. 316 Minutes continued, December 14, 1998 A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone the award of bids received for computer system I networking. All Voted Aye. PAYMENTS A motion was made by Councilman Daughtry and seconded by Councilman Sawyerto authorize payment to Schaumburg & Polk, Inc. in the amount of $1,514.50, wastewater system rehabilitation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize payment to Costello, Inc. in the amount of $3,637.41, Main "C" Drainage Study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Salenga Construction in the amount of $44,092.69, concrete street repairs. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to A -Way Tank Service, Inc. in the amount of $8,020.00, South 5t" Street water storage tank rehabilitation. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:20 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, Robert Millerv. City of Nederland; Louis Hernandez v. City of Nederland; Don Beagle v. City of Nederland, et al.; Tompkins Construction Company v. City of Nederland; Entergy Rate Case; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the water treatment plant; and, consultation with City Attorney regarding Newton Water Company matters. RECONVENE The regular meeting was reconvened at 7:35 p.m. by Mayor Nagel. He announced the Executive Session was held for informational purposes only. SUBDIVISIONS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the City Attorney to negotiate with and reach a settlement agreement with the attorney in the Tompkins Construction Company v. City of Nederland matter. All Voted Aye. Minutes continued, December 14, 1998 OFFICIALS' Andre' Wimer, City Manager, reported on the following: 1. ribbon COMMENTS cutting for Rienstra Park scheduled for 10:00 a.m., Thursday, December 17`h; training finalized for Fire Department personnel on the defibrillators; contractors experiencing problems with boring under South 27t1 Street as a part of the Wagner Addition project; new office furniture installed at the Library; telephone system scheduled for installation January 4, 1999; documents ready to signatures regarding the office space for the YMCA; street light at the intersection of 27t1 Street and Nederland Avenue will not be maintained by Entergy, however, Entergy will install their lights if requested by the City; and, another meeting is scheduled for tomorrow between the City and TxDOT on the Nederland Avenue project. Mayor Nagel reported that TxDOT has agreed to walk the length of the project tomorrow and assess the need for corrections in order to improve the drainage. Councilman Nugent stated that signs need to be removed from utility poles throughout the City. Councilman Daughtry asked if the City would consider extending the sidewalk on 27t1 Street all the way to C. O. Wilson Middle School in order to allow for students to have a safe route to school. Councilman Sawyer reported a blind corner at the corner of 10t1 Street and Detroit Avenue. ADJOURN There being no further business the meeting was adjourned at 7:50 p.m. by Mayor Nagel. ATTEST: �A czAal LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas ;s Z _ 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 -itCity Secretary _!a_Iy.P Date u ORDINANCE NO. 98 -14 AN ORDINANCE ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE ' CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF TILE TEXAS MUNICIPAL RETIREMENT SYSTEM AT SUCH RATE WITHIN LEGAL LIMITS, AS THE ACTUARY ANNUALLY DETERMINES IS REQUIRED TO FUND WITHIN A PERIOD OF TWENTY- FIVE(25) YEARS FROM TILE 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, Goverment Code, (hereinafter, the "TMRS Act "); and WHEREAS, the actuary for the System has determined that the City cannot fund the existing level of such benefits as are chargeable to its account in the Municipal Accumulation Fund of the System, within a period of twenty -five (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 TIIE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' Section 1. Pursuant to Section 855.407(f), of the TMRS Act, the City hereby elects to make future normal and prior service contributions to its account in the Municipal Accumulation Fund of the System at such combined maximum rate as the System's actuary shall amorally 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 of the City's account in said accumulation fund. The actuarially determined contribution rate for the City for 1999 is 14.47 %. Section 2. The provisions of the ordinance shall become effective on January 1, 1999, and shall cease to be effective on January 1, 2000. PASSED AND APPROVED BX TIIE CITY COUNCIL of the City of Nederland at a regular meeting on this �_ day of iuk1998. CITY OF NEDERLAND, TEXAS Homer E. Nagel, Mayor ATTEST: LaDonna Floyd, City Secretary ' APPROVED AS TO FORM AND LEGALITY: • 911.' Richard D. Hughes, City At meb y 314 CITY OF NEDERLAND RESOLUTION 1998 -28 A RESOLUTION DESIGNATING AND AUTHORIZING DESIGNATED CITY EMPLOYEESTOOPEN BANKACCOUNTS AT PRIME BANK, INITIATE FUNDS TRANSFERS, AND DESIGNATING THE AUTHORIZED SIGNERS ON BANK ACCOUNTS. WHEREAS, it is necessary to designate and authorize designated City employees to open bank accounts; and WHEREAS, it is necessary to designate the City Manager, on behalf of the City of Nederland, to initiate funds transfers and empower the City Manager to delegate certain individuals to initiate funds transfers. WHEREAS, it is necessary to designate the authorized signers on bank accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1 THAT, the City Treasurer and the City Manager are authorized to open bank I accounts; and THAT, the City Manager is authorized, on behalf of the City of Nederland, to initiate funds transfers and empowered to delegate certain individuals to initiate funds transfers. THAT, the Mayor, Mayor Pro Tem, City Secretary, and City Manager are authorized signers on the accounts. PASSED AND APPROVED this the Iq day of Lt,, Ix, -1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonnc a Floyd, City Sdcretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' ichard D. Hughes, City A orney City of Nederland, Texas 31:1 RESOLUTION NO. 1998 -29 A RESOLUTION AMENDING THE CITY OF NEDERLAND'S ICMA DEFERRED COMPENSATION PLAN WHEREAS, the City of Nederland has employees rendering valuable services; and WHEREAS, the City of Nederland has established a deferred compensation plan number 300507 through the ICMA Retirement Corporation for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' That the City hereby amends and restates the deferred compensation plan (the "Plan ") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. BE IT FURTHER RESOLVED: That the assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED: That the City hereby agrees to serve as Trustee under the Plan. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland at a regular meeting on this 114 day of 1998. CITY OF NEDERLAND, TEXAS Homer E. Nagel, Mayor ATTEST: C X. 2y d LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: // �, WA� ichard D. Hughes, City Attorneyl CITY OF NEDERLAND RESOLUTION 1998 -30 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY ENTERGY GULF STATES, INC. FORA PERIOD OF NINETY (90) DAYS BEYOND THE DATE SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. 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. (EGS); and WHEREAS, EGS on November30,1998 filed a statement of intent to increase rates effective January 4, 1999; and WHEREAS, the schedule of rates proposed by EGS should be suspended for a period of ninety (90) days from the effective date stated by EGS' Statement of Intent as initially filed or hereafter revised, for further review and investigation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1: The operation of the proposed rate schedules filed by EGS, on November 30, 1998, is hereby suspended for a period of ninety (90) days from the proposed effective date stated in EGS' Statement of Intent as initially filed or hereafter revised, for further review, investigation and public hearing; Section 2: The Secretary of the City of Nederland is hereby directed to deliver a copy of this Resolution to EGS. PASSED AN9 ADOPTED by the City Council of the City of Nederland, Texas, this the / 4 day of 1998. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Aa < LaDonna Floyd, C � ity Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, CityFAttorney City of Nederland, Texas LJ