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2002REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING January 14, 2002 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve the minutes of the December 17, 2001, meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. PRESENTATION Matt Wallace, Nederland High School Drama and Choral Department, introduced several performers from their upcoming production of "Guys and Dolls ". The group performed a song from the show and invited everyone to attend February 15`h and 16 " in the Performing Arts Center. 4. COMMENTS Lana McGrath, 1424 Willow Court, addressed the council relative to the collection of commercial garbage by private haulers. Mrs. McGrath stated that her family is being awaken by BFI emptying the containers of businesses along Hwy. 365 between the hours of 3:00 a.m. and 5:00 a.m. She would like for the Council to consider changing the hours that private companies are allowed to empty commercial containers that are adjacent to a residential neighborhood. Patty Wellborn, BFI, stated that the driver in this area has arranged to pick up these locations at a later time of the morning. Ms. Wellborn added that it is very difficult to empty containers of businesses when they are open due to parking lots filling with workers and customers vehicles. Minutes continued, January 14, 2002 Mayor Nagel suggested that no changes be made to the ordinance at this time. He advised Mrs. McGrath to contact the City if this problem arises again. DEVELOPMENTS A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve the preliminary and final plat of Country Lake Estates Subdivision as recommended by the Planning and Zoning Commission, contingent upon the completion and acceptance by City of the water and sewer improvement projects in the annexed area; correction of the construction plans and the subdivision plat; obtain a variance to the Subdivision Ordinance allowing the nonstandard road section from the end of Smith Road paving to the entrance of the subdivision; and, the installation of three (3) street lights. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 6. LIBRARY A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Clayton to approve an amendment to their Computer and Internet Use Policy and Guidelines in the Policies and Procedures Manual. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. RESOLUTION A motion was made by Mayor Pro Tern Clayton and seconded by Councilmember Radcliff to approve Resolution 2002 -01, authorizing approval of a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for the Boston Avenue resurfacing project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 8. BIDS /PROPOSALS A motion was made by Councilmember nugent and seconded by Councilmember Sawyer to postpone awarding bids for drainage area 5. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 603 Minutes continued, January 14, 2002 9, CHANGE ORDER A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve Change Order No. 1, Hwy. 69 crossing, in the amount of + $25,621.50, Excavators and Constructors, Inc. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. STREETS AND SIDEWALKS A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to authorize the installation of a street light at 1116 South 16"' Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. PAYMENTS A motion was made by Councilmember Nugent and seconded by Councilmember Sawyer to approve payment to ALLCO, Inc. in the amount of $271,194.24, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve payments to Schaumburg & Polk, Inc. as follows: $2,549.54, 2000- 2001 collection system rehabilitation (Year 3); $414.54, 1999 -2000 collection system rehabilitation (Year 2); $516.00; 2001 -2002 collection system rehabilitation (Year 4); $7,990.44, west annexation area water and sewer improvements; and, $5,011.78, wastewater system improvements (Wastewater Treatment Plant). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council- member Nugent to approve payment to L.D. Construction in the amount of $18,000.00, drainage improvements, Area 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Clayton and seconded by Councilmember Sawyer to approve payments to d.p. Consulting Engineers, Inc. as follows: $25,339.47, upper Main "C" drainage improvements; and, $ 1,710.00, Boston Avenue pavement rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, January 14, 2002 A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve payment of the bills for the month of December, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 12. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 13. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that A. C. Handley has submitted his resignation for the Zoning Board of Appeal and Trailer Park Board of Appeals. He was appointed to serve from Ward 2, therefore, Mayor Pro Tern Clayton will need to appoint someone to fill Mr. Handley's unexpired term. Mr. Wimer also reported that the Rainbow Trout Derby was held last Saturday at Doornbos Park. Approximately 240 children participated in the event. Mayor Nagel reported that Councilmember Nugent has asked to be replaced as the City's alternate representative to the South East Texas Regional Planning Commission. This item will need to be placed on the next agenda for Council action. Mayor Nagel also gave a brief report on the article that appeared in last week's Port Arthur News regarding the potential merger of Nederland, Port Neches, and Groves. He stated that he and the other mayors and all three City Managers met last Thursday to discuss whether it is something that we may want to start researching. These were very preliminary talks and no decisions have been made. 14. ADJOURN A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Clayton to adjourn the meeting at 4:30 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Ma ` or _ ATTEST: LaDonna Floyd, City Clerk �� " "��ir,� L;;,,;��" " °��`` 0 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Joe Clayton Council Member -Ward 2 Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 V/ Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Mayor City Clerk 1- /q,e?a Date 005 L O ti CITY OF NEDERLAND RESOLUTION NO. 2002-01 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE APPROVAL OF A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RESURFACING OF BOSTON AVENUE FROM SH 347 TO 15'$ STREET. WHEREAS, the City is required to approve a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for the Boston Avenue project; and WHEREAS, this project will involve the resurfacing ofBoston Avenue from SH 347 to 151 Street; and WHEREAS, the estimated cost for this project, as indicated in the Agreement, is $245,546.40; and WHEREAS, the Texas Department of Transportation's funding participation is $193,797.12 and the City's funding participation is $51,749.28 for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY I OF NEDERLAND, TEXAS: THAT the City Council ofthe City ofNederland, Texas, authorizes the approval ofthe Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation, a copy of which is made a part hereof as Exhibit "A ". PASSED AND APPROVED this the I_Y- day of Pnen uQ.► 2002. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hu es, CKJ Attorney City of Nederland, Texas 6:00 p.m. 1. MEETING REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 28, 2001 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve the minutes of the January 14, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. PROCLAMATION Mayor Nagel presented a proclamation to Den Leader Sherry Hebert and members of Pack 220 declaring February 2 -9, 2002 as "Scouting for Food Week" in Nederland. Ms. Hebert thanked the Mayor and Council for their support of scouts. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to approve a Proclamation declaring February 2 -9, 2002 as "Scouting for Food Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 4. REQUEST Andre' Wimer, City Manager, stated that he had received a letter from Memorial Christian Church requesting to use the Heritage Pavilion for a gospel concert on July 4, 2002, in order to raise funds to rebuild their church. He reminded the Council that the church was destroyed as a result of arson. Minutes continued, January 28, 2002 A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve the request from Memorial Church, 3101 Helena Avenue, to use the Heritage Pavilion for fund raising activities. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 5. STREETS AND SIDEWALKS A motion was made by Councilmember Radcliff and seconded by Council- member Sawyer to authorize the closure of various streets for Heritage Festival activities. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 6. AUDIT Mitch Edwards, Edwards, Tate & Fontenote, L.L.P., reviewed the FY 2000- 2001 audit. Mr. Edwards stated that they issued an "unqualified opinion" which is the highest opinion a City can receive on their audit. Mr. Edwards commended Cheryl Dowden, Director of Finance, and city staff for their I* assistance in conducting the audit. ]j A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to accept the FY 2000 -2001 audit as prepared by Edwards, Tate & Fontenote, L.L.P. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 7. FINANCE Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Reprot for the quarter ending December 31, 2001. A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Clayton to accept the Quarterly Investment Report as presented (see attached). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 1 Minutes continued, January 28, 2002 8. WATER AND WASTEWATER A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Clayton to accept the sewer improvements and to release the retainage to J & D Construction in the amount of $46,223.18 for the Year 2 SSES project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to accept water and sewer improvements (partial) in the west annexation area contingent upon approval by City staff and Schaumburg & Polk, Inc. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 9. BIDS /PURCHASES A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to authorize awarding bids received for Year 3 Sanitary Sewer Evaluation Survey project to Brystar Contractors, Beaumont, TX, in the amount of $941,122.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to authorize the purchase of a garbage truck from the City of Denton in the amount of $123,900.00, contingent upon inspection by City staff. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Clayton and seconded by Council - member Sawyer to approve a contract with Efficient Systems for air conditioning and heating maintenance at the Marion and Ed Hughes Public Library in the amount of $708.93 per quarter. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ',1a Minutes continued, January 28, 2002 A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve a contract with 2020 Analytical, New Caney, TX, in the amount of $18,500.00 for remediation work at the Marion and Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. ORDINANCE A motion was made by Mayor Pro Tern Clayton and seconded by Council- member Sawyer to approve an Amendment to Ordinance No. 164, changing a Council meeting date. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 12. GRANTS A motion was made by Councilmember Sawyer and seconded by Council- member Nugent to approve the submission of a solid waste grant for Nederland, Port Neches, and Groves to the South East Texas Regional Planning Commission. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Clayton to approve the submission of an application to the Texas Department of Public Safety for funds for in -car video cameras and recording equipment. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve the submission of a grant to the Seawell Elam Foundation for multi- cultural materials for the Ed and Marion Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 13. BOARDS AND COMMISSIONS A motion was made by Mayor Pro Tem Clayton and seconded by Council- member Sawyer to appoint Kenneth Whigham to fill the unexpired term of A. C. Handley on the Zoning Board of Appeals and Trailer Park Board of Appeals. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 011 tA Minutes continued, January 28, 2002 A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to appoint Councilmember Robert Sawyer as the alternate representative to the South East Texas Regional Planning Commission Executive Committee. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 14. PAYMENTS A motion was made byCouncilmember Nugent and seconded by Councilmember Radcliff to approve payment to J & D Construction in the amount of $3,861.75, 1999 -2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 15. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Clayton to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 16. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that ALLCO, Inc. started on the second phase of the water and sewer improvements along Viterbo Road. He added that Excavators & Constructors, Inc, began work on the Hwy. 69 crossing project. Mr. Wimer also informed the Council that Crochet Equipment received correspondence from the TNRCC approving the construction of the incinerator. The policy regarding allowing citizens to use the BFI Landfill at no charge will be reviewed soon. It appears that contractors are using their water bills to enter the landfill to dump construction materials at no charge. If any changes are made it would also affect Port Neches and Groves. The ACLU apparently did not approve of the Racial Profiling Policy that the Nederland Police Department recently adopted. 61') Minutes continued, January 28, 2002 17. ADJOURN A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn at 7:12 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: �",p »mnnnnromr � N"nF "'4j'�•, LaDonna Floyd, City Clerk J = City of Nederland, Texas , s , 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor ,/ Robert Sawyer Council Member - Ward 1 V/' Joe Clayton Council Member -Ward 2 i/ Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 V/ Andre' Wimer City Manager LaDonna Floyd City Clerk ,/ Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official ✓ Victoria Klehn Librarian ,/ ,LKelly Galloway Assistant to the City Manager 12f:� . o,^ Mayor (�2E,a.0o - City Clerk -ae oz Date 613 Jltt City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2001 Investments at Beginning of Period (10 -1 -01) Purchases Maturities Investments at End of Period (12- 31-01) Maturity Summary at December 31, 2001 $11,721,966.39 11,119,754.29 11,051,752.20 $11,789,968.48 o Less than 3 months 0 9 to 12 months 1 C� 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2001 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund Drainage Construction Fund Police Narcotics Fund SRF Escrow & Construction Funds MCML Dispatch Equipment Replacement Fund Parks & Recreation Special Fund Bond Redemption Fund G15 Balance @ Balance @ 10 -1 -01 Purchases Maturities 12 -31 -01 $3,368,640.66 $22,350.97 $3,390,991.63 27,980.23 119.30 28,099.53 1,805,256.67 11,977.90 1,817,234.57 9,854.31 65.39 9,919.70 662.45 4.39 666.84 738,516.00 4,900.07 743,416.07 1,424,913.29 2,859,498.93 2,853,116.57 1,431,295.65 38,102.65 252.81 38,355.46 4,243,584.89 8,220,156.86 8,198,635.63 4,265,106.12 603.98 4.01 607.99 47.65 0.32 47.97 20.87 0.14 21.01 63,782.74 423.20 64,205.94 $11,721,966.39 $11,119,754.29 $11,051,752.20 $11,789,968.48 Fund Allocation at December 31, 2001 (28.8 %) General Fund t � (15.4 %) Water 6 Sewer Fund j v ` ' (8.3 %) Capital Outlay Fund (0.5 %) Bond Redemption Fund (12.1 %) Drainage Construction Fund (0.7 %) Other (38.2 %) SRF Escrow Fund -jr Investment Report Schedule Investments for the Quarter ended December 31, 2001 CERTIFICATES OF DEPOSIT Interest Earned for Quarter ended Certificate Purchase Maturity Days to Interest December 31, Number Date Date be held Rate Face Amount 2001 Maturing during quarter ended December 31, 2001 Drainage Construction Fund 470728 09/19/01 10/23/01 34 2.60% 1,000,000.00 $2,424.76 SRF Construction Fund 470702 09/19/01 10/24/01 35 2.60% 2,040,593.92 5,093.67 SRF Escrow Fund 470439 09/27/01 10/30/01 33 2.46% 1,052,756.28 2,343.97 Drainage Construction Fund 470744 09/28/01 10/31/01 33 2.25% 424,913.29 865.23 SRF Escrow Fund 470710 09/19/01 11/21/01 63 2.60% 1,000,000.00 4,497.59 SRF Construction Fund 470793 10/24/01 11/28/01 35 2.26% 2,045,687.59 4,437.92 Drainage Construction Fund 470777 10/23/01 11/28/01 36 2.27% 1,002,424.76 2,246.77 SRF Escrow Fund 471809 10/30/01 12/04/01 35 2.17% 1,055,100.25 2,197.69 Drainage Construction Fund 471817 10/31/01 12/04/01 34 2.13% 425,778.52 845.61 SRF Escrow Fund 470504 11/21/01 12/27/01 36 1.97% 1,004,497.59 1,953.59 Interest Earnings on Matured CDs for quarter ended December 31, 2001 26,906.80 Held at December 31, 2001 l SRF Construction Fund 471858 11/28/01 01/02/02 35 1.99% 2,050,125.51 3,691. io Drainage Construction Fund 471841 11/28/01 01/02/02 35 1.99% 1,004,671.53 1,809.16 Drainage Construction Fund 471866 12/04/01 01/08/02 35 1.77% 426,624.12 558.94 SRF Escrow Fund 471874 12/04/01 01/08/02 35 1.77% 1,057,297.94 1,385.21 SRF Escrow Fund 471908 12/27/01 01/28/02 32 1.64% 1,006,451.18 180.90 Library Special Fund 620376 01/02/01 01/02/02 365 5.10% 10,000.00 134.36 Interest Earnings on CDs held at December 31, 2001 7,760.33 Total Interest Earned on CDs for the quarter ended December 31, 2001 S34,667.13 Total Certificates of Deposit held at December 31, 2001 $ 5,555,170.28 L� Investment Report Schedule Investments for the Quarter ended December 31, 2001 617 1 1 INVESTMENT POOL - TEXPOOL Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 10/01/01 12/31/01 1 2.63% $3,368,640.66 $22,350.97 $3,390,991.63 Water & Sewer 10/01/01 12/31/01 1 2.63% 1,805,256.67 11,977.90 1,817,234.57 Parks & Rec. Fund 10/01/01 12/31/01 1 2.63% 20.87 0.14 21.01 Bond Redemp. 10/01/01 12/31/01 1 2.63% 63,782.74 423.20 64,205.94 Capital Outlay Fund 10/01/01 12/31/01 1 2.63% 738,516.00 4,900.07 743,416.07 Motel Occupancy 10/01/01 12/31/01 1 2.63% 9,854.31 65.39 9,919.70 Library Special 10/01/01 12/31/01 1 2.63% 17,980.23 119.30 18,099.53 Solid Waste Fund 10/01/01 12/31/01 1 2.63% 662.45 4.39 666.84 SRF Construction Fund 10/01/01 12/31/01 1 2.63% 150,234.69 996.80 151,231.49 MCML Dispatch 10/01/01 12/31/01 1 2.63% 603.98 4.01 607.99 Equipment Replacement Fun( 10 /01 /01 12/31/01 1 2.63% 47.65 0.32 47.97 Police Narcotic Fund 10/01/01 12/31/01 1 2.63% 38,102.65 252.81 38,355.46 Totals for TEXPOOL Investments $6,193,702.90 $41,095.30 $6,234,798.20 1 1 013 Investment Report Schedule Investments for the Quarter ended December 31, 2001 INTEREST EARNED ON DEMAND DEPOSITS Interest Earned Average Quarter ended Days to Interest December 31, Period Held Maturity Rate 2001 Bond Redemp. 10/01/01 12/31/01 1 2.67% $42.90 Capital Outlay Fund 10/01/01 12/31/01 1 2.67% 622.99 CDBG #716591 Fund 10/01/01 12/31/01 1 2,67% 74.41 Court Technology Fund 10/01/01 12/31/01 1 2.67% 19.27 Drainage Construction Fund 10/01/01 12/31/01 1 2.67% 2,869.55 Equipment Replacement Funds 10 /01 /01 12/31/01 1 2.67% 455.13 General Fund 10 /01 /01 12/31/01 1 2.67% 2,253.03 Library Special 10/01/01 12/31/01 1 2.67% 224.85 MCML Dispatch 10 /01 /01 12/31/01 1 2.67% 57.31 Motel Occupancy 10/01/01 12/31/01 1 2.67% 14.50 Nederland Economic Development 10 /01 /01 12/31/01 1 2.67% 14,607.07 Parks & Rec. Fund 10/01/01 12/31/01 1 2.67% 22.79 Police Narcotic Fund 10/01/01 12/31/01 1 2.67% 248.01 Solid Waste Fund 10/01/01 12/31/01 1 2.67% 531.79 SRF Construction & Escrow Funds 10 /01 /01 12/31/01 1 2.67% 7,905.92 SSES Fund 10/01/01 12/31/01 1 2.67% 2,363.73 W & S Certificate Fund 10/01/01 12/31/01 1 2.67% 181.27 Water & Sewer 10 /01 /01 12/31/01 1 2.67% 280.24 $32,774.76 1 1 1 1 1 Investment Report Schedule December 31, 2001 Interest Earnings for Quarter Ended December 31, 2001 Bond Redemption Fund $466.10 CDBG #716591 74.41 Capital Outlay 5,523.06 Court Technology Fund 19.27 Drainage Construction Fund 11,620.02 Equipment Replacement Funds 455.45 General Fund 24,604.00 Library Special Fund 478.51 MCML Dispatch 61.32 Motel Occupancy Tax Fund 79.89 Nederland Economic Development 14,607.07 Parks & Recreation Special Fund 22.93 Police Narcotic Account 500.82 Solid Waste Fund 536.18 SRF Escrow & Construction Funds 34,685.02 SSES Fund 2,363.73 W & S Certificate Fund 181.27 Water Fund 12,258.14 $108,537.19 p f AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM FEBRUARY 4, 2002 THROUGH APRIL 22, 2002. 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: February 4, 2002 March 11, 2002 April 8, 2002 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: February 25, 2002 March 25, 2002 �! April 22, 2002 Any and all ordinances of the City of Nederland, Texas which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the --10 day of January, 2002. Homer E. Nagel, May r City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: iL-' x7L- Richard D. Hughes, City Attorney City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 3:00 p.m. 1. MEETING February 4, 2002 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to approve the minutes of the January 28, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. 1 3. WATER AND WASTEWATER A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve Change Order No. 3, Wastewater Treatment Plant improvements, with ALLCO, Inc. in the amount of + $101,019.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. 4. BIDS /PURCHASES A motion was made by Mayor Pro Tern Clayton and seconded by Mayor Nagel to approve the purchase of a backup repeater for the Fire Department from Kay Electronics, Beaumont, TX, in the amount of $15,207.21. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to authorize the advertisement of bids for a trailer for the Fire Department. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. Minutes continued, February 4, 2002 5. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to renew a contract with Tower Medical Center of Nederland for drug and alcohol testing services. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to renew a contract with Action Bonded Cleaning, Inc. for janitorial services. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve a contract with CompLink, LP for COBRA related services. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. 6. AIRPORTS AND AVIATION A motion was made by Mayor Pro Tern Clayton and seconded by Councilmember Radcliff to authorize the Jefferson County Mosquito Control District to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the City limits of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. 7. PROPERTY - SURPLUS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to approve the sale of a centrifuge previously declared as surplus. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Clayton to approve payment to ALLCO, Inc. in the amount of $35,630.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. i 9 Minutes continued, February 4, 2002 A motion was made by Mayor Pro Tern Clayton and seconded by Mayor Nagel to approve payment to T & N Laboratories, Inc. in the amount of $279.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve payment to Neches Engineers in the amount of $3,912.55, Water Treatment Plant roof assessment. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to approve payment of the bills for the month of January. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. EXECUTIVE SESSION The regular meeting was recessed at 3:26 p.m. by Mayor Nagel for the purpose of conducting an Executive Session as authorized by Chapter 551 .072, discuss acquisition, exchange, sale, and /or release of property; and Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; David Allen et. al. v. City of Nederland; and, consultation with City Attorney. 10. RECONVENE The regular meeting was reconvened at 3:50 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the new garbage truck that we purchased from the City of Denton will be picked up Wednesday, February 6tn He also reported that Nederland, Port Neches, and Groves will meet with BFI regarding the problem of commercial contractors trying to use the landfill with their personal water bills. Mr. Wimer stated that a meeting was conducted with Drainage District No. 7 relative to Drainage Area 5 and it appears that all issues have been resolved. 1 2 } Minutes continued, February 4, 2002 12. ADJOURN A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to adjourn the meeting at 4:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. Noes: None. Absent: Councilmember Nugent. Homer E. Nagel, Ma y& City of Nederland, Texas ATTEST: a�s;nv�E�!nrrm 0� LaDonna Floyd, City Clerk z City of Nederland, Texas LAtAJ��`� 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 ,% Joe Clayton Council Member - Ward 2 ,/ Judy Radcliff Council Member - Ward 3 t/ Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk ,/ Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works ;/ Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the Ci Mana er ✓ Mayor City Clerk C,Z, Date F� 625 6r REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 7 6:00 p.m. February 25, 2002 1. CALL MEETING TO ORDER 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. See attached for quorum. 2. APPROVE MINUTES A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve the minutes of the February 4, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. CONTRACTS /AGREEMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve a contract with JBS Associates, Inc., Houston, TX, for water loss analysis in an amount not to exceed $29,000.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 4. RESOLUTIONS A motion was made by Mayor Pro Tern Clayton and seconded by Councilmember Radcliff to approve Resolution No. 2002 -02, authorizing participation with other Entergy service area cities in matters by Entergy at the Public Utility Commission of Texas in 2002. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Don Pumphrey, Entergy, asked that the Council reconsider their approval of the above mentioned resolution in order to allow the Public Utility Commission to resolve all matters. I Minutes continued, February 25, 2002 A motion was made by Councilmember Radcliff and seconded by Councilmember Sawyer to approve Resolution No. 2002 -04, authorizing participation in the Texas Local Government Purchasing Cooperative (BuyBoard). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. BUILDINGS AND BUILDING REGULATIONS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve the request of Mickey D. Sterling, owner of the structure at 305 Hill Terrace Drive, to extend the demolition deadline an additional 90 days, April 25, 2002. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. PROPERTY IA A motion was made by Councilmember Nugent and seconded by Mayor Pro 1A i mi Tern Clayton to accept a utility easement from Presentation Systems, Inc., IN Robin's Cove Subdivision. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. BIDS /PURCHASES A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to award bids received for drainage area 5 to Placo, Inc., Lumberton, TX, in the amount of $229,927.22. MOTION CARRED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Clayton to authorize the purchase of a backhoe from BuyBoard in the amount of $43,502.10. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. G2 Minutes continued, February 25, 2002 8. CHANGE ORDER I A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to approve Change Order No. 2 with L. D. Construction, Area 2 drainage improvements, in the amount of +$20,059.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ELECTION A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve Resolution No. 2002 -03, calling for an election to be held May 4, 2002 for the purpose of electing a Mayor and two (2) Councilmembers - one from Ward II and one from Ward IV, and appointing Bobbie Greene, Presiding Judge, Pat Moore, Alternate Presiding Judge, and La Donna Floyd, Clerk for Early Voting and Presiding Judge of the Central Counting Station. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve payment to T & N Laboratories, Inc. in the amount of $197.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Clayton and seconded by Mayor Nagel to approve payment to d.p. Consulting Engineers, Inc. as follows: $29,272.03, upper Main "C" drainage improvements; and, $3,600.00, Boston Avenue rehabilitation project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payment to Excavators & Constructors, Inc. in the amount of $30,200.00, drainage improvements, Hwy. 69 crossing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, February 25, 2002 A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve payment to L. D. Construction in the amount of $45,000.00, r drainage improvements, Area 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $12,927.50, 2001 -2002 collection system rehabilitation (Year 3); $2,296.29, 2000 -2001 collection system rehabilitation (Year 3); $935.00, 1999 -2000 collection system rehabilitation (Year 2); $6,459.47, wastewater system improvements (Wastewater Treatment Plant); and, $4,235.82, west annexation area water and sewer improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Clayton and seconded by Mayor Nagel to approve payment to Hart Construction in the amount of $52,517.19, west annexation area, Phase I. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ' A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payments to ALLCO, Inc. as follows: $219,861.72, Wastewater Treatment Plant improvements; and, $71,519.98, west annexation water and sewer improvements, Phase 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. FINANCE A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve the recommendations of the City Manager and Director of Finance to refinance the City's existing debt. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 12. EXECUTIVE SESSION The regular meeting was recessed at 7:10 p.m. by Mayor Nagel for 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, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; and, David Allen et.al.v. City of Nederland; and consultation with City Attorney. .j Minutes continued, February 25, 2002 13. RECONVENE 7 The regular meeting was reconvened at 7:22 p.m. by Mayor Nagel. 14. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to confirm a letter agreement with Samedan Oil Corporation concerning diagonal drilling, contingent upon their execution of the letter. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the concrete slab has been poured for the solid waste incinerator and the unit will be installed soon. He also reported that the Cities of Nederland, Port Neches and Groves did receive the grant from South East Texas Regional Planning Commission in the amount of $10,500.00 and we will use our portion to mail out solid waste information to all customers. Mr. Wimer stated that Avenue F was overlaid today. He also informed Council that the library now has access to approximately 17,000 e- books for patrons. He then stated that Fire Chief Mike Lovelady has completed the Executive Fire Officer program. 16. ADJOURN A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Clayton to adjourn the meeting at 7:31 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer E. Nagel, MayorT ATTEST: LaDonna Floyd, City Clerk = !,i , CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor ,/ Robert Sawyer Council Member - Ward 1 Joe Clayton Council Member - Ward 2 Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager L� LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Gallowa Assistant to the City Manager ✓ Mayor City Clerk ,)- X5.0 2 Date 03- CITY OF NEDERLAND ' RESOLUTION NO. 2002-02 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHERENTERGY SERVICE AREA CITIES IN MATTERS BY ENTERGY AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2002. WHEREAS, Entergy Gulf States' (EGSI) implementation of customer choice has been delayed due to lack of competition; lack of independent market structures and organizations in its service territory to implement fair competition; and because EGSI's ability to control the market in its region has not been evaluated; WHEREAS, EGSI is scheduled to file various proceedings at the Public Utility Commii�sn in 2002 related to readiness to begin competition; an evaluation of EGSI's market power; and for approval of various market structures necessary for the implementation of fair competition; WHEREAS, EGSI is scheduled to file fuel factor proceedings at the Public Utility Commission in March and September 2002, and may file other fuel proceedings during 2002 to reconcile fuel, to surcharge or refund fuel charges, to change the fuel mechanism; ' WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and ratepayers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code §33.025; and WHEREAS, Cities are entitled to reimbursement of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code §33.023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS that: SECTION 1. The City of Nederland shall participate with other Cities to intervene in EGSI's various fuel reconciliation(s), fuel factor and fuel surcharge /refund cases filed at the Public Utility Commission in 2002 seeking appropriate regulatory scrutiny. , The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission filed in 2002 concerning EGSI's readiness for competition, market power, organizations and structures to assure fair competition to all customer classes, rates and charges under competition or price caps. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from EGSI of all reasonable expenses associated with participation in said proceedings. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED AND APPROVED this the oZ.S day of , 2002. ATTEST: - 0-V-10- ��11 LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att mey City of Nederland, Texas D Homer E. Nagel, Mayor City of Nederland, Texas 0' 34 CITY OF NEDERLAND RESOLUTION NO. 2002-04 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE PROGRAM. WHEREAS, the City of Nederland, (hereinafter "Cooperative Member ") pursuant to the authority granted by Article 791 et seq. of the Interlocal Cooperation Act, as amended, desires to participate in the statewide purchasing program of the Cooperative; and WHEREAS, the City of Nederland has elected to be a Cooperative Member in the Texas Local Government Purchasing Cooperative (hereinafter "Cooperative"), aprogram created by local governments in accordance with and pursuant to the Interlocal Cooperation Act ("Acf), Chapter 791, Texas Government Code; and WHEREAS, the Cooperative Member, is of the opinion that participation in the Cooperative's purchasingprograrn will be highlybeneficial to the taxpayers ofthelocal government I through the efficiencies and potential savings to be realized; and WHEREAS, the Cooperative Member desires to.participate and join with other local governments in a cooperative Interlocal agreement ("Agreement') for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions and services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the Cooperative Member does request that the Cooperative include its stated needs for all categories, including but not limited to, instructional, maintenance, custodial, and food service goods and services, on the Cooperative's Purchasing Program and award contracts for those items, whereby the Cooperative Members may be allowed to purchase those items from the Cooperative's contracts; and that Cooperative is authorized to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the Cooperative Members that have elected to participate. FURTHER, BE IT RESOLVED, that the City Council of the City of Nederland hereby authorize its City Manager to execute the Interlocal Participation Agreement which includes the I adoption and approval of the Organizational Interlocal Agreement previously executed and adopted by two or more local governments. FINALLY, BE IT RESOLVED that the execution of this Resolution shall evidence the ' election of Cooperative Member and eligible local governments to become members of the Cooperative upon the terns and conditions stated. The City Council has, and at the time of adoption of this Resolution had, full power and lawful authority to adopt the foregoing Resolution and to confer the obligations, powers, and authority to the persons named, who are hereby granted the power to exercise the same. PASSED AND APPROVED this the�7 day of � 2002. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CZQ-0-67��--� �� LaDonna Floyd, City Clerk City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Atto ey City of Nederland, Texas 1 k:(3,� �3' RESOLUTION 2002 -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 4, 2002; 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 4, 2002 there shall be elected the following officials for this City: One (1) Mayor One (1) Council member, Ward II 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: 1 That all independent candidates at the election to be held on the first Saturday in May, 2002, for the above mentioned offices file their application to have their name placed on the ballot with the City Clerk at City Hall, 1400 Boston Avenue, Nederland, Texas, not , later that forty-five (45) days before the election or earlier than the 30`s day before the date of the filing dealine in accordance with Election Code Sec. 143.006 and 143.007. The earliest date for a candidate to file same will be February 19, 2002 at 8:00 a.m., with the last date for filing to be March 20, 2002 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 Clerk 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 Clerk 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: Bobbie Greene will serve as Presiding Judge and Pat Moore 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 of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said early voting. The above described place for early voting is also the early voting clerk's address to which ballot applications and ballots voted by mail may be sent. The Early Voting Ballot Board shall be created as provided by Election Code Section 87.001. Bobbie Greene 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 Clerk 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 25th day of February, 2002. IATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 637 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. March 11, 2002 1. 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve the minutes of the February 25, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. PROCLAMATIONS Mayor Nagel presented a proclamation to Albert Rienstra declaring March 12, 2002 as "Albert Rienstra Day" in Nederland in recognition of Mr. Rienstra's 901h birthday. He added that Mr. Rienstra was instrumental in the incorporation of Nederland in 1940. He also has been a dedicated proponent of our community and has continually worked for the betterment of Nederland and its residents. Mr. Rienstra thanked the Council for the proclamation. He added that he has always strived to support his community. A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Clayton to approve a Proclamation declaring March 12, 2002 as "Albert Rienstra Day" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Mayor Nagel presented a proclamation to employees of Nederland Wells Fargo declaring March 18, 2002 as "Wells Fargo Day" in Nederland. The employees thanked the Council for their support. , Minutes continued, March 11, 2002 4, PRESENTATION Carolyn Motl, Entergy, introduced several members of the Nederland Teen Team City and their teacher sponsor, Sarah West. She explained that this group is involved in economic development and leadership issues. Ms. Motl added that Nederland High School has one of the most exemplary programs. Representatives of the group stated that they have 60 members and that they sponsor several events with the proceeds being used for the beautification of Doornbos Park. 5. ORDINANCE A motion was made by Mayor Pro Tern Clayton and seconded by Council - member Sawyer to approve Ordinance No. 2002 -01, right -of -way management. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Eddie Arnold, Southwestern Bell Telephone Company; Don Pumphrey, Entergy; and, Greg Powell, Southern Union Gas, all thanked the City for the opportunity they were given to meet with representatives of Nederland, Port Neches, and Groves throughout the planning phase of this ordinance. 6. CONTRACTS /AGREEMENTS A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve an agreement with Schaumburg & Polk, Inc. for Year 5 Sanitary Sewer Evaluation Survey engineering in the amount of $117,000.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 7. CHANGE ORDER A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to approve Change Order No. 1 with Brystar for Year 3 Sanitary Sewer Evaluation Survey work in the amount of - $80,707.42. MOTION CARRIED. ' Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ;3 Minutes continued, March 11, 2002 8. GRANT A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to authorize the Fire Department to submit a grant application to the Federal Emergency Management Agency. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. PAYMENTS A motion was made by Mayor Pro Tern Clayton and seconded by Councilmember Sawyer to approve payment to Excavators & Constructors, Inc. in the amount of $321,000.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve payment to d.p. Consulting Engineers, Inc. as follows: $900.00, Boston Avenue rehabilitation project; and, $13,990.52, upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to approve payment to T & N Laboratories, Inc. in the amount of $285.00, Wastewater Treatment Plant. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve payment of the bills for the month of February. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, March 11, 2002 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reminded Council about the open house at the Warehouse on Thursday. He reported that Coastal Securities is working on the documents for the refinancing of the City's debt that was approved at the last meeting. Mr. Wimer also reported that the green waste incinerator is almost complete. Mayor Nagel commended Police Chief Bush and Fire Chief Lovelady on their annual reports. 12. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to adjourn the meeting at 3:46 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer City of Nederland, Texas ATTEST: .�,mminmrrmm�ry G,'V`tQ a LaDonna Floyd, City Clerk City of Nederland, Texas 2 � "!�FA L AN�o�� ! 4t l CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET , NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Joe Clayton Council Member - Ward 2 Judy Radcliff Council Member -Ward 3 Dick Nugent Council Member - Ward 4 ✓ Andre' Wimer City Manager V/ LaDonna Floyd City Clerk ,/ Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works L/ Rod Hatch Building Official i Victoria Klehn Librarian Kelly Galloway Assistant to the City Mana er U'hAZ � �r�4I'-' Mayor I'/- City Clerk ,2 >> -o;� Date li-_11 -1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That Chapter 90 of the Code of Ordinances of the City of Nederland, Texas, is hereby amended by adding Article III, Right -of -Ways, which article shall read as follows: STREETS - MANAGEMENT OF THE RIGHT -OF -WAY Sec. 90-50. Definitions ' Applicant means any user or potential user who desires to own, operate, maintain, and/or install facilities in City of Nederland right -of -way. Facility or facilities means any utility infrastructure including but not limited to pipes, wires, conduits, utility poles, and related appurtenances, situated within City of Nederland right -of -way which are owned, operated, maintained, and /or installed by users other than the City of Nederland. Person means a designated representative of a user. Street or public way or public right -of -way or public rights -of -way or rights -of- way or right -of -way means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by or under the control of the City, to which the City holds the property rights in regard to the use for utilities. User means any business, firm, corporation, entity, owner, and /or operator, other than the City of Nederland, which owns, operates, maintains, and /or installs facilities within City of Nederland right -of -way. Sec. 90 -51. Criminal Penalties. CITY OF NEDERLAND ORDINANCE NO. 2002 -01 AN ORDINANCE PROVIDING FOR MANAGEMENT OF STREET RIGHT -OF -WAYS; PROVIDING FOR STANDARDS FOR RIGHT -OF -WAY CONSTRUCTION; PROVIDING FOR REGISTRATION AND CONSTRUCTION PERMITS IN THE RIGHT -OF -WAY; PROVIDING FOR FILING OF REQUIRED PLANS OF RECORD; PROVIDING FOR CONFORMANCE WITH PUBLIC IMPROVEMENTS; PROVIDING PENALTIES AND REMEDIES FOR IMPROPERLY INSTALLED FACILITIES; PROVIDING FOR RESTORATION OF PROPERTY; PROVIDING FOR REVOCATION OR DENIAL OF PERMIT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR CIVIL AND CRIMINAL PENALTIES; AND PROVIDING AN EFFECTIVE DATE THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That Chapter 90 of the Code of Ordinances of the City of Nederland, Texas, is hereby amended by adding Article III, Right -of -Ways, which article shall read as follows: STREETS - MANAGEMENT OF THE RIGHT -OF -WAY Sec. 90-50. Definitions ' Applicant means any user or potential user who desires to own, operate, maintain, and/or install facilities in City of Nederland right -of -way. Facility or facilities means any utility infrastructure including but not limited to pipes, wires, conduits, utility poles, and related appurtenances, situated within City of Nederland right -of -way which are owned, operated, maintained, and /or installed by users other than the City of Nederland. Person means a designated representative of a user. Street or public way or public right -of -way or public rights -of -way or rights -of- way or right -of -way means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by or under the control of the City, to which the City holds the property rights in regard to the use for utilities. User means any business, firm, corporation, entity, owner, and /or operator, other than the City of Nederland, which owns, operates, maintains, and /or installs facilities within City of Nederland right -of -way. Sec. 90 -51. Criminal Penalties. 1. Any violation or failure to abide by, and comply with, any provision or requirement of this ordinance shall be a violation, and shall be punishable as a Class "C" Misdemeanor, subject to a fine of up to five hundred dollars ($500.00) per occurrence. 2. Each day upon which there exists a violation of this article, or a failure to abide by, or comply with, any provision or requirement of this article, shall constitute a separate occurrence, and shall subject the offender to separate criminal penalties. ,I 4 f 3. Prosecution pursuant to this article is in addition to and does not supplant other remedies. Sec. 90 -52. Civil Penalties. ' 1. Civil penalties may be imposed for the violation of any provision of this article, as follows: A. Up to one thousand dollars ($1,000.00) for each violation, and each day of a continuing violation may be considered a new violation; and /or B. if applicable, default and revocation of any or all permits granted to allow work in the rights -of -way, subject to the procedural guidelines noted in this article and any agreement which applies to the right -of -way user, and further subject to any limitations imposed by Federal or State law. 2. In imposing the penalties and the amount, the City may weigh all applicable factors, such as damages caused by the violation, reasons for the violation, the seriousness of the violation, and all other factors. 3. Monetary civil penalties may be imposed in the manner prescribed by either local or State law. 4. In addition, the City Council may order specific performance of any actions required by this article or required by a franchise, license or permit, including the permit authorizing work to be performed in the right -of -way, or any other agreement or authorization. Sec. 90 -53. Right -of -way Construction. 1. No user shall commence or continue with the construction, installation or maintenance of facilities within the right -of -way in the City except as provided by the ordinances of the City and the directives of the Public Works Department. 2. No user shall be permitted to 'but" or excavate a street when it is otherwise possible to perform the construction or installation without disturbing the roadway surface. The Director of Public Works shall determine whether to allow excavation based upon the justification submitted by the person desiring to perform such work. Sec. 90 -54. Registration and Construction Permits. In order to protect the public health, safety and welfare, all users of the right - of -way will register with the City of Nederland. Registration and permits will be issued in the name of the owner of the facilities. Registration must be renewed by January 15`" of every year. Should, however, a user of right -of- way have a current and valid franchise agreement with the City, registration shall not be required as long as the franchise agreement remains in effect. When any information provided for the registration changes, the user will inform the City of Nederland no more than thirty (30) working days after the date the change is made. Registration shall include: A. the name of the owner of the facilities located within the right -of -way; B. the name of the user of the right -of -way; C. the name, address and telephone number of people who will be contact person(s) for the user; G45 D. the name(s) and telephone number of an emergency contact who shall be available 24 hours a day; ' E. proof of insurance and bonds to include: a. An applicant must provide proof of liability insurance in the amount of six million dollars; one million dollars (51,000,000.00) primary plus five million dollars ($5,000,000.00) umbrella. b. The coverage must be on an occurrence basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards. c. Each policy must include a cancellation provision in which the insurance company is required to notify the City in writing not fewer than thirty (30) working days before canceling, failing to renew, or reducing policy limits. d. The applicant shall file the required original certificate of insurance. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address and telephone number of insured; policy expiration date; and specific coverage amounts. e. The City will accept letters and /or certificates of self- insurance which provide the same coverage as required herein. The City shall be notified in writing not fewer than thirty (30) working days . prior to any modification of the terms and /or conditions stipulated in the letter and /or certificate. 2. Construction Permits. A. Unless waived by the Director of Public Works, no person shall perform any construction or installation of facilities in the right -of -way without first obtaining a construction permit, except as provided herein. The permit will be in the name of the person and /or entity which will own the facilities to be constructed. The permit application must be completed and signed by a representative of the owner of the facilities to be constructed. Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however, the City shall be contacted by telephone, at a number furnished by the City, and the Public Works Department shall be notified in writing within three (3) business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right of way and an updated map of any facilities that were moved. This requirement shall be waived in the event of an on- going, large scale emergency situation as a result of any man -made or natural occurrence which alters or interrupts the normal use of the user's service to its customers. B. The permit shall state to whom it is issued, the location of work, the location of facilities, dates and times that work is to take place and any other conditions set out by the Director of Public Works or his /her designee. 14 C. The person (applicant) requesting a permit will provide the Director of Public Works or his /her designee with documentation in the format specified by the City describing: ' a. The proposed, approximate location and route of all facilities to be constructed, repaired, moved or installed and the applicant's plan for right -of -way construction; and the estimated construction time. b. Engineering plans which will be on a scale of one inch (1 ") equals fifty feet (50') unless otherwise approved by the Director of Public Works. c. Detail of the location of all right -of -way and utility easements which applicant plans to use. d. Detail of all existing City utilities and, to the extent known, other facilities in the right -of -way in relationship to applicant's proposed route. e. Detail of what applicant proposes to install, such as pipe size, number of interducts, valves, etc. f. Detail of plans to remove and replace asphalt and /or concrete in the street and /or the right -of -way in accordance with the Design Improvement Standards of the City. g. Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc. including depth. h. Handhole and /or manhole typicals of type of manholes and /or handholes applicant plans to use or access. L Complete legend of drawings submitted by applicant. j. Two (2) sets of engineering plans must be submitted with permit application. k. The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. I. The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right -of -way, and the dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the Director of Public Works or his /her designee. m. Proof of insurance, bond or other required financial information is current and on file. D. All construction and installation in the right -of -way shall be in accordance with the permit for the facilities. The Director of Public Works or his /her designee shall be provided access to the work and to such further information as he or she may reasonably require to ensure ' compliance with the permit. E. A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the Director of Public Works or his /her designee at all times when construction or installation work is occurring. ) i , F. All authorized construction or installation work must be completed in the time specified in the construction permit. If the work cannot be completed in the specified time period, the applicant may request an ' extension in writing from the Director of Public Works or his /her designee. The work that was authorized under the permit may continue while the request for an extension is pending. G. A copy of any permit or approval issued by Federal or State authorities for work in Federal or State right -of -way located in the City. H. A request for a permit must be submitted at least three (3) working days before the commencement of work proposed in the request for review and approval, unless waived by the Director of Public Works or his /her designee. I. Requests for permits will be approved or disapproved by the Director of Public Works or his /her designee within a reasonable time of receiving all the necessary information. The Director of Public Works or his /her designee will use his /her best efforts to approve or disapprove a request for a construction permit as soon as possible. J. The Director of Public Works may request a preconstruction meeting with the applicant and their construction contractor. K. Valid permits are required for all construction whether new, replacement, or upgrading of the company's network facilities in the right -of -way, either aerial or underground. L. The utility shall be required to enter into a hold harmless agreement as a condition of the permit. Telecommunications providers shall comply with the provisions of Section 283.057, T.L.G.C., in meeting this requirement. M. Restoration of right -of -way must be made to a condition which puts the right -of -way back in substantially the same condition as prior to the commencement of the work. Such restoration shall be guaranteed through one (1) full year after the completion of construction. Sec. 90 -55. Construction Standards. 1 . The Department of Public Works shall be notified twenty four (24) hours in advance that construction is ready to proceed by either the right -of -way user, their contractor, or representative. 2. All construction shall be in conformance with all City codes and applicable local, State and Federal laws. 3. Advance warning signs, markers, cones and barricades must be in place before work begins in accordance with the current edition of the Manual on Uniform Traffic Control Devices. 4. Applicant may be required to show proof of TNRCC approved plans relating to storm water and erosion when applicable or a letter stating that they are not required to obtain such plans. 5. Lane closures on major thoroughfares will be limited to between 8:30 a.m. and 4:00 p.m. unless the Director of Public Works grants prior approval. 6. Without affecting applicant's authority to pursue liability against its contractors, applicants are responsible for the workmanship and any damages by a contractors or subcontractors, A responsible representative of the applicant will be available to the Public Works Department at all times during construction. t 4 7. Applicant or contractor or subcontractor will notify the Public Works Department immediately of any damage to other utilities, either City or privately owned. ' 8. Installed facilities must not interfere with City utilities, in particular gravity dependent facilities. 9. New non - municipal, non - electric utilities must be installed at a minimum of two (2) feet depth, unless a lesser depth is approved by the the Director of Public Works. New electric utilities must be installed at a minimum of three (3) feet depth, unless a lesser depth is approved by the Director of Public Works. Minimum depth requirements do not apply, however, to single, non - electric service drops. 10. All directional boring shall have the locator place bore marks and depths while bore is in progress. Locator shall place mark at each stem with paint dot and depth at least every other stem. 11. Working hours in the right -of -ways are 7:00 a.m. to 6:00 p.m., Monday through Friday. Work that needs to be performed after 6:00 p.m. Monday through Friday or on Saturday must be approved by the Director of Public Works or his /her designee in advance. Directional boring is permitted only Monday through Friday 7:00 a.m. to 6:00 p.m. No work in the right -of -way shall be performed, except for emergencies, on Sunday or City holidays. 12. Contractors working for applicant are responsible for obtaining line locates from all affected utilities prior to any excavation. 13. Applicant will be responsible for verifying the location, both horizontally and vertically of all affected facilities whether by pot holing or hand digging prior to any excavation or boring with the exception of work involving lane closures. 14. Placement of all manholes and /or hand holes must be approved in advance by the Director of Public Works. 15. No construction or installation work will be initiated unless a construction permit has been obtained from the City. Sec. 90 -56. "Plans of Record" Plans. Right -of -way users must provide the Director of Public Works or his/her designee with "plans of record" (also called "as built" plans) within ten (10) working days of completion of facilities in the right -of -way. Users who have facilities in the right -of -way existing as of the date of this ordinance, and who have not provided "plans of record" shall do so not later than one hundred twenty (120) working days after the passage of this ordinance when available. The plans shall be provided to the City in the format specified by the Director of Public Works or his /her designee and with as much detail and accuracy as required thereby. All the criteria specified for plans submitted for the initial permit will be required for the "plans of record ". Submittal of "plans of record" shall be in digital formatting as well as written or in any other format requested by the City. 2. If the release of the location of any utilities or of plans of record submitted , under this section would jeopardize public safety, the information shall be considered confidential. In addition, if plans of record submitted under this section include information expressly designated by the right -of -way user as a trade secret or other confidential information protected from disclosure by State law, the City may not disclose that information to the public 0' 49 without the consent of the right -of -way user, unless otherwise compelled by on opinion of the Attorney General pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a right -of -way user to designate all matters in its plans of record as confidential or as trade secrets. Sec. 90 -57. Conformance with Public Improvements Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other Public Works projects (e.g. install or improve storm drains, water lines, sewer lines, etc.), it shall be deemed necessary by the City Council to remove, alter, change, adapt, or conform the underground or overhead facilities of a right -of -way user, such alterations shall be made by the owner of the facilities at its expense within ninety (90) working days from receipt of notice to make the alternations, unless a different schedule has been approved by the Director of Public Works or his /her designee. Sec. 90 -58. Improperly Installed Facilities 1 . Any person doing work in the City right -of -way shall properly install, repair, upgrade and maintain City facilities as determined by the Director of Public Works. In the event that such work is not acceptable to the Director of Public Works, such person shall be notified in writing by the Director of Public Works and be granted ten (10) working days to correct the unsatisfactory work. Should, however, the unacceptable work be deemed an immediate threat to health and safety by the Director of Public Works, such person shall be notified verbally by the Director of Public Works for ' immediate corrective action by such person. 2. Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if: A. The installation, repairs, upgrade or maintenance endangers people or property; B. The facilities do not meet applicable City codes; C. The facilities are not capable of being located using standard practices; D. The facilities are not located in the proper place in accordance with the directions provided by the Public Works Department; or E. The facilities are placed in an area that interferes with City owned facilities, including but not limited to water or sewer lines or streets. Non -City owned facilities shall be considered to interfere with City owned facilities if the non -City owned facility is within three (3) feet horizontally of the City owned facility, or the distance required by the permit, whichever is greater. Nothing in this section shall diminish the authority of the Director of Public Works to direct the specific placement of specific lines. Sec. 90 -59. Type of Facilities. ' 1. The Director of Public Works shall approve the location of underground facilities. 2. When poles are used, location and depth shall be subject to the approval of the Director of Public Works as it pertains to possible conflicts with the City's infrastructure. 1,50 Sec. 90 -60. Restoration of Property. 1. Users of the right -of -way shall reasonably restore property affected by the ' construction of facilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. 2. Restoration must be to the reasonable satisfaction of the Director of Public Works and shall not be considered complete until approved by the Director of Public Works. The restoration shall include, but not be limited to: A. Installation of all manholes and handholes, as required; B. Backfilling all bore pits, potholes, trenches or any other holes. All such excavations shall be filled in daily, unless other safety requirements are approved by the Director of Public Works; C. Leveling of all trenches and backhoe lines; D. Restoration of excavation site to City specifications including compacting, grading, and appropriate fill material; E. All locate flags shall be removed during the clean up process by the applicant or his /her contractor at the completion of the work; F. Restoration must be made in a timely manner as specified by approved schedules and to the satisfaction of the Director of Public Works or his /her designee. If restoration is not satisfactory and /or performed in a timely manner, all work in progress, including all work previously permitted but not completed, will be immediately halted and additional permits shall not be approved until all restoration is complete. Sec. 90 -61. Revocation or Denial of Permit. If any provisions of this ordinance is not followed, a permit may be revoked by the Director of Public Works or his /her designee. If a person has not followed the terms and conditions of this ordinance in work done pursuant to a prior permit, new permits may be denied or additional terms required. SECTION 2: Should any user of City right -of -way damage any City infrastructure located within the City right -of -way, the City may submit a bill for damages to the applicable user and seek recovery for all such damage. SECTION 3: To the extent that this Ordinance is in express conflict with the terms and conditions of an existing and valid franchise agreement, the franchise agreement shall prevail. SECTION 4: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase 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 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. This ordinance shall become effective after its approval and adoption and publication pursuant to law. PASSED AND APPROVED by the City Council of the City of Nederland this the _ day of _`�Q tC f� 2002. ATTEST: )e.,a " O� LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Z-4 Richard Hughes, ity Attorney 1 1 Homer E. Nagel, Mayor —� G5� Appendix A Work Excluded From City of Nederland Right -of -Way Permit Process EntergY I 1) Repair, replacement or maintenance of existing facilities including, but not limited to: underground conductor, wires, cables, transformers, line equipment, poles, guy wires, substation maintenance and repair work, substation enhancements. 2) Work performed to maintain or enhance service to an existing customer, provided underground utilities are not added. Southwestern Bell 1) Underground in existing conduit. 2) Replacing Poles. 3) Enlarging Existing Pedestals. 4) Placing/ Replacing Service Wires. 5) Replacing existing overhead cable. 1 1 5 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. 1. MEETING March 25, 2002 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, TX. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Mayor Nagel to approve the minutes of the March 11, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. STREETS AND SIDEWALKS A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Clayton to authorize the closure of 13`h Street, from Nederland Avenue to Atlanta Avenue, on April 13, 2002 from 9:00 a.m. until 2:00 p.m. for First United Methodist Church activities. The motion was amended by Councilmember Radcliff and seconded by Council- member Sawyer to reflect the times as 8:00 a.m. until 3:00 p.m. for the 13`h Street closure from Nederland Avenue to Atlanta Avenue on April 13, 2002 for First United Methodist Church activities. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 4. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Clayton and seconded by Mayor Nagel to approve an agreement for bond counsel services associated with the issuance of "City of Nederland, Texas General Obligation Refunding Bonds, Series 2002." MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. t'jcj Q Minutes continued, March 25, 2002 5. ORDINANCE A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve Ordinance No. 2002 -02, authorizing the issuance of "City of Nederland, Texas General Obligation Refunding Bonds, Series 2002 "; specifying the terms and features of said bonds; levying a continuing annual ad valorem tax upon all taxable property within the City for the payment of the principal of and interest on such bonds; approving and authorizing the execution of a Bond Purchase Agreement, a Transfer and Paying Agency Agreement, and an Escrow Agreement; authorizing distribution of an official statement; and other matters in connection therewith. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 6. BIDS /PROPOSALS A motion was made by Mayor Pro Tern Clayton and seconded by Councilmember Sawyer to award bids received for a breathing air trailer for the Fire Department to Magnum Fabrications, Port Arthur, TX, in the amount of $16,800.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. CHANGE ORDERS A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve Change Order No. 1 with Placo, Inc. for the Area 5 drainage project in the amount of - $50,733.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to approve Change Order No. 2 with Excavators & Constructors, Inc. for the drainage project at Avenue H and Hwy. 69 in the amount of - $2,339.60. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, March 25, 2002 8. PROPERTY LA motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to declare desks from the Police Department and miscellaneous vehicles from Public Works as surplus, and authorize bids to be received for the desks, and authorize placing the vehicles in the Jefferson County auction. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 9. PAYMENTS A motion was made by Mayor Pro Tem Clayton and seconded by Council - member Sawyer to approve payments to Schaumburg & Polk, Inc. as follows: $2,708.00, 2001 -2002 collection system rehabilitation (Year 4); $330.00, 2000 -2001 collection system rehabilitation (Year 3); $2,997.35, west annexation area water and sewer improvements; and, $5,352.81, Wastewater Treatment Plant system improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve payment to Neches Engineers in the amount of $4,000.03, Water Treatment Plant roof assessment. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that Crochet began disposing of green waste in the incinerator today. He added that the oil derrick near the airport has been removed and a Christmas tree has been installed and the flares will be burning. +Jt; t35U Minutes continued, March 25, 2002 Mayor Nagel wanted to thank all City staff for their assistance in making this year's Nederland Heritage Festival a success. Councilmember Sawyer wanted to thank the Nederland Fire Department and the area departments for their mutual cooperation in fighting the brush fire on Spurlock. He also requested that a "Duck Crossing" sign be placed on 27`x' Street near the LNVA canal. All the Councilmembers also thanked City staff for their cooperation with the Nederland Heritage Festival. 12. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 6:43 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 I J L CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member -Ward 1 Joe Clayton Council Member - Ward 2 V_ Judy Radcliff Council Member - Ward 3 ✓ Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager ✓ LaDonna Floyd City Clerk Richard Hughes City Attorney ✓ Darrell Bush Police Chief Mike Lovelady Fire Chief L� Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official yi Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ Mayor cr � A-,, -, �_ Za�� City Clerk Date �J 658 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 3:00 p.m. April 8, 2002 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. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve the minutes of the March 25, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 3. RESOLUTION A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to approve Resolution 2002 -05, supporting the Small Community Air Service Development Pilot Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 4. PROCLAMATIONS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve a proclamation declaring April 2002 as "Sexual Assault Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. Mayor Nagel presented a proclamation to Lisa Sanchez declaring April as "National Autism Awareness Month" in Nederland. Ms.Sanchez thanked the Mayor and Council for their support for the Southeast Chapter of the Autism Society of America and their commitment in educating the public to better understand this lifelong disability. Minutes continued, April 8, 2002 A motion was made by Councilmember Nugent and seconded by Council- member Radcliff to approve a proclamation declaring April 2002 as "National Autism Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. Mayor Nagel presented a proclamation to Cindy Fertitta and Don Pumphrey, March of Dimes, declaring April 20, 2002 as "March of Dimes WalkAmerica Day" in Nederland. Ms. Fertitta and Mr. Pumphrey thanked the Mayor and Council for their continued support of the March of Dimes. A motion was made by Mayor Pro Tern Clayton and seconded by Mayor Nagel to approve a proclamation declaring April 20, 2002 as "March of Dimes WalkAmerica Day" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. EMERGENCY MANAGEMENT Steve Rinard, National Weather Service, Lake Charles, Louisiana, presented the prestigious "StormReady Community" certification to the City of Nederland. He stated that Nederland is the first city to receive this designation in his region. In order to receive this certificate of achievement Mike Lovelady, Emergency Management Coordinator, had to fulfill the National Weather Service training, readiness, and communications requirement necessary to be classified as StormReady. Mr. Rinard also presented two large road signs designating Nederland as StormReady. He added that Nederland should be proud of the effort Chief Lovelady put into obtaining the designation for the community. Mayor Nagel, on behalf of the Council and staff, thanked Chief Lovelady for all his work in receiving the areas first StormReady designation. 6. TAXATION A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve the request from the Nederland Masonic Lodge to be declared tax exempt in accordance with HB 1689 passed by the 77' Legislature, and the exemption will also apply to all organizations in Nederland engaged primarily in performing charitable functions. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. iNoes: None. Absent: Councilmember Sawyer. 659 4-jra 0 Minutes continued, April 8, 2002 7. TELECOMMUNICATIONS A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Clayton to approve revised access line rates as authorized by the Public Utility Commission of Texas (see attached), MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 8. BIDS /PROPOSALS A motion was made by Councilmember Nugent and seconded by Council- member Radcliff to authorize Requests for Proposals for auditing services for FY 2001 -2002. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 9. ORDINANCE A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone approval of an Amendment to Ordinance No. 1995 -01, repealing Section 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 10. STREETS AND SIDEWALKS A motion was made by Mayor Pro Tern Clayton and seconded by Council- member Radcliff to authorize the installation of a street light at 323 South 15`h Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 11. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve payments to ALLCO, Inc. as follows: $325,138.29, Wastewater Treatment Plant improvements; $77,126.99, west annexation water and sewer improvements, Phase 2; and, $47,500.00, drainage improvements, Area 4. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. G 6 1 Minutes continued, April 8, 2002 A motion was made by Mayor Nagel and seconded by Councilmember Nugent ' to approve payment to Excavators & Constructors, Inc. in the amount of $20,500.00, drainage improvements, Hwy. 69 crossing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Clayton to approve payments to d.p. Consulting Engineers, Inc. as follows: $14,061.63, upper Main "C" drainage improvements; and, $2,258.00, Boston Avenue rehabilitation project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve payment of the bills for the month of March. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 12. EXECUTIVE SESSION The regular meeting was recessed at 3:55 p.m. by Mayor Nagel for 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, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding the Water Treatment Plant; David Allen et. al. V. City of Nederland; and, consultation with City Attorney. 13. RECONVENE The regular meeting was reconvened at 4:06 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the sign for Cropo Park will be shipped next week. He added that the City has projects in progress that amount to almost $10 million, such as Wastewater Treatment Plant, drainage improvement projects, and water and sewer line installations. Mr. Wimer ' informed Council that the City has been researching the possibility of going to paperless packets and begin using laptop computers during meetings. He asked that if anyone is opposed to the idea to please let him know. Minutes continued, April 8, 2002 Mayor Nagel asked everyone to remember John Bamber, retired Director of Public Works, who recently passed away. He mentioned some of the many I things Mr. Bamber accomplished while an employee of the City. Mayor Pro Tern Clayton wanted to thank the engineers, contractors, and city staff for the street work on Canal Avenue. Billy Neal, 1111 - 22nd Street, stated that he was driving around town today during the heavy thunderstorms and was very impressed with all the city employees who were out all over town cleaning debris from ditches in order to help with the drainage. 15. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 4:20 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. ATTEST: I aDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor" — City of Nederland, Texas 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor y� Robert Sawyer Council Member - Ward 1 Joe Clayton Council Member - Ward 2 Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney l/ Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official �e Victoria Klehn Librarian y Kelly Galloway Assistant to the City Manager ✓ Mayor City Clerk -1-8'_02 Date 11 G63 664 CITY OF NEDERLAND RESOLUTION NO. 2002-05 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, ' SUPPORTING THE SMALL COMMUNITY AIR SERVICE DEVELOPMENT PILOT PROGRAM FOR JEFFERSON COUNTY, TEXAS AND THE SOUTHEASTTEXAS REGIONAL AIRPORT. WHEREAS, the City of Nederland, Jefferson County, other area cities, local Chambers of Commerce, and area local, state, and federal elected officials are committed to providing their constituents and neighbors with the best air service possible; and WHEREAS, the City of Nederland understands that improving air service to the Southeast Texas Regional Airport will provide increased industrial and trade development, creating further jab opportunities and improving the economic vitality of the areas in and around the Southeast Texas Regional Airport; and WHEREAS, the Southeast Texas Regional Airport is located at the hub of several multi- modal transportation byways including highway, rail, and water; and WHEREAS, the City of Nederland understands that their friends, neighbors, customers, and constituents are forced through the lack of air service to hub facilities and high ticket prices to utilize airports as far as two hours away from their homes and work places; and WHEREAS, the current air service dilemma facing the Southeast Texas Regional Airport will give area businesses and residents significantly reduced service at increased prices; and WHEREAS, the City of Nederland, Jefferson County, other area cities, local Chambers of Commerce, and area local, state, and federal elected officials have met and discussed the particulars ' of the public- private partnership necessary to make the Small Community Air Service Development Pilot Program successful; and WHEREAS, the Southeast Texas Regional Airport has the ability to serve aeegional population base of 500,000, and already has recorded a yearly passenger enplanement figure of 100,000 passengers; and WHEREAS, the Southeast Texas Regional Airport boasts the ability to service up to six carriers immediately at its 45,000 sq. foot commercial terminal. NOW, THEREFORE, BE IT RESOLVED that the City of Nederland supports Jefferson County and the Southeast Texas Regional Airport's efforts to gamer support and funding through the federal government's "Small Community Air Service Development Pilot Program" to attempt to attract and maintain air service to the surrounding communities. PASSED AND APPROVED this the, day of Q 2002. Homer E. Nagel, Mayor —� City of Nederland, Texas ATTEST: �7i4.Vaw o� LaDOnna Floyd, City Clerk , City of Nederland, Texas APP O D AS TO FOR1111r LEGALITY: ki-chaad D. ugh , rty Att y City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 22, 2002 1. 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Radcliff and seconded by Council- member Nugent to approve the minutes of the April 8, 2002, meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ' 3. PROCLAMATION Mayor Nagel presented a proclamation to James Harper declaring April 26 -27, 2002 as "Relay for Life Days" in Nederland. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve a proclamation declaring April 26 -27, 2002, as "Relay for Life Days" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 4. REQUESTS A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve the request of Leonard LaPoint to vacate the alley between 911 Chicago Avenue and 316 - 10th Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 1 -6--5 66— Minutes continued, April 22, 2002 Andre' Wimer, City Manager, explained that Shane Herring has requested to address Council relative to his request to the Zoning Board of Appeals for an encroachment into an easement at 2919 Avenue D. Mr. Wimer added that the Zoning Board has denied Mr. Herring's request on two separate occasions. The easement is 15 feet and a garage has already been built 14 feet into the easement. Mr. Herring purchased the property with the garage already constructed and was never aware of the encroachment until he was selling his house last year and the mortgage company requested a survey. Mr. Wimer stated that State law prohibits the Council from overruling the a decision of a board and the only alternative for Mr. Herring is to file in District Court. Mr. Herring stated that at the time he purchased the property his credit union did not require a survey. He has not been able to sell the house because there has to be an exception in the title policy and no one has been willing to write the title policy. Mayor Nagel further explained that State law prohibits the Council from taking any kind of action regarding the encroachment. He added that the City sympathizes with him, but his only recourse at this time is to file in District Court. The City Attorney advised that the Council could not vote on this issue, therefore, no action was taken. 5. CONTRACTS /AGREEMENTS A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Clayton to approve a contract with Schaumburg & Polk, Inc, for professional engineering services associated with completing a permit application for discharge of domestic wastewater at an estimated cost of $14,500.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Clayton and seconded by Council - member Sawyer to approve a contract with Hale Benefit Analysis Services, Ltd. to assist with the preparation and evaluation of bids for employee health insurance /dental insurance /long term disability in the amount of $5,000.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve an agreement with B. C. Miller Electric Co., Inc. to install lights for the new library sign in the amount of $2,952.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, April 22, 2002 6. GRANTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Clayton to authorize the Police Chief to submit a grant application to the Texas Department of Health for the Tobacco Enforcement Grant. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ORDINANCE A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve an Amendment to Ordinance No. 164, setting regular Council meeting dates from May 7, 2002 through April 28, 2003. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Council - member Sawyer to approve payments to ALLCO, Inc. as follows: $161,519.31, Wastewater Treatment Plant improvements; and, $77,221.64, west annexation water and sewer improvements, Phase 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Clayton and seconded by Mayor Nagel to approve payments to Schaumburg & Polk, Inc. as follows: $7,276.14, wastewater system improvement (Treatment Plant); $3,216.00, 2001 -2002 collection system rehabilitation (Year 5); $1,201.00, 2002 -2003 collection system rehabilitation (Year 5); and, $2,515.84, west annexation area water and sewer improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve payment to T & N Laboratories, Inc. in the amount of $229.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. G6r 663 Minutes continued, April 22, 2002 9. EXECUTIVE SESSION The regular meeting was recessed at 6:39 p.m. by Mayor Nagel for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551 .074, discuss personnel - City Manager; Chapter 551 .072, discuss acquisition, exchange, sale, and /or release of property; and, Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; David Allen et.al. V. City of Nederland; and, consultation with City Attorney. 10. RECONVENE The regular meeting was reconvened at 6:55 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that he had met with David Waxman earlier in the week regarding submission of a Community Development Block Grant application this funding cycle. He reminded the Council that the City was unsuccessful during our last attempt. The last CDBG we applied for was for t water and sewer lines in the Gage Avenue area. Mr. Wimer suggested that we once again apply for a CDBG to be used in this same area. Mr. Wimer added that staff is still moving ahead with the paperless agenda packet research. Councilmember Sawyer stated that the City has an ordinance in place prohibiting the placing of signs on City property and he would like to see it enforced. Mayor Nagel responded that he feels the ordinance does need to be reviewed and /or revised, but he feels the time is not right to begin enforcing it. He added that we have not been enforcing it during County and State elections, therefore, we should probably not begin now with the City election being less than two weeks from now. Mr. Wimer stated that he can include the sign ordinance on a future agenda for discussion. Councilmember Radcliff asked about the status of the Boston Avenue rehabilitation. Mr. Wimer stated that the engineers are working on the project and will be submitting final plans to the State for their review and approval. Minutes continued, April 22, 2002 12. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Mayor Pro Tern Clayton to adjourn the meeting at 7:10 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 , Y � "�,( Homer E. Nagel, Mayor City of Nederland, Texas !.117:i CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member -Ward 1 Joe Clayton Council Member - Ward 2 ✓ Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre` Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Mana er ✓ Mayor City Clerk V- as 02 Date i" U(L AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 7, 2002 THROUGH APRIL 28, 2003. 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 7, 2002 June 10, 2002 July 8, 2002 August 12, 2002 September 9, 2002 October 14, 2002 November 11, 2002 December 9, 2002 January 13, 2003 February 10, 2003 March 10, 2003 April 14, 2003 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: May 20, 2002 June 24, 2002 July 22, 2002 August 26, 2002 September 23, 2002 October 28, 2002 November 25, 2002 December 16, 2002 January 27, 2003 February 24, 2003 March 24, 2003 April 28, 2003 ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the ?,Z day of April, 2002. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CZ .1 LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, COY Attorney City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 3:00 p.m. May 7, 2002 1. MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve the minutes of the April 22, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. ELECTION LaDonna Floyd, City Clerk, read the results of the May 4, 2002 General Election as follows: Mayor Early Voting Election Day Total Homer Nagel 390 326 716 Jeff Darby 244 350 594 Council, Ward II Joe Clayton 196 227 423 Billy Neal 427 431 858 Council, Ward IV R.A. "Dick" Nugent 480 520 1,000 (Unopposed) A motion was made by Mayor Pro Tern Clayton and seconded by Mayor Nagel to accept the election returns as read. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, May 7, 2002 Mayor Nagel presented former Councilmember Joe Clayton with a picture and thanked him for his service to the City. Mr. Clayton thanked the Mayor, Council, City staff, and citizens for allowing him to serve his community during the last two years. LaDonna Floyd, City Clerk, administered the Oath of Office to Mayor Homer Nagel, Billy Neal, Councilmember Ward II, and R. A. "Dick" Nugent, Councilmember Ward IV. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to authorize payment of the election officials in accordance with the Texas Election Code in the amount of $712.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to elect Judy Radcliff as Mayor pro tempore in accordance with Section 3.06 of the City Charter. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. ' 4. PRESENTATION Wanda Hollier, Nederland Heritage Festival, presented a check in the amount of $228.30 each to the Police Department and the Fire Department. She stated that the Nederland Heritage Festival Board decided to donate $1 .00 from each t -shirt sold as appreciation to the police and fire departments. Chief Bush and Chief Lovelady thanked the Mrs. Hollier and the Nederland Heritage Festival for their generosity. DEVELOPMENTS A motion was made by Mayor Pro Tem Radcliff and seconded by Mayor Nagel to accept the improvements in the Country Lake Estates Subdivision. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 6. FINANCE - INVESTMENT REPORT Cheryl Dowden, Director of Finance, presented the Quarterly Investment Report for the quarter ending March 31, 2002. i P! Minutes continued, May 7, 2002 A motion was made by Councilmember Nugent and seconded by Councilmember Sawyer to accept the Quarterly Investment Report as presented. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 7. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a Solid Waste Interlocal Agreement with the South East Texas Regional Planning Commission. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 8. CHANGE ORDERS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Change Order No. 2 with Brystar Contracting for Year 3 Sanitary Sewer Evaluation Survey work in the amount of + $14,455.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to approve Change Order No. 3 with Excavators & Constructors, Inc. for Hwy. 69 crossing (no change in cost of project) for decrease in expenditures for special trench safety, and increase in costs for a junction box and culvert repair. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Radcliff to approve Change Order No. 3 with L. D. Construction for Area 2 drainage improvements in the amount of + $16,562.18. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 9. RESOLUTION A motion was made by Councilmember Sawyer and seconded by Council - member Neal to approve Resolution No. 2002 -06, nominating Goodyear Tire and Rubber Company as an Enterprise Project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 675 Minutes continued, May 7, 2002 10. ORDINANCES A motion was made by Mayor Pro Tern Radcliff and seconded by Council - member Nugent to approve an Amendment to Ordinance No. 107, regulation of stop signs. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Andre' Wimer, City Manager, explained that a discussion item has been placed on this agenda due to the recent inquiries by Council regarding the sign ordinance and its applicability to political signs. He reminded Council that the placement of political signs in front of City Hall prompted the need to review the current ordinance. After a brief discussion between the Council and the City Attorney, Mayor Nagel suggested that everyone continue to review the current ordinance and be prepared to discuss it further during the June 10, 2002 meeting. 11. STREETS A motion was made by Councilmember Sawyer and seconded by Council- member Nugent to approve the street repairs list as follows: South 13th Street, between Avenue H and FM 365, and 22 "d Street between Helena Avenue and Canal Avenue. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 12. PAYMENTS A motion was made by Mayor Pro Tern Radcliff and seconded by Council - member Nugent to approve payment to Excavators & Constructors, Inc. in the amount of $48,500.00, drainage improvements, Hwy. 69 crossing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve payment to Placo, LTD in the amount of $19,000.00, Area 5 drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to L. D. Construction in the amount of $93,583.19, Area 2 drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, May 7, 2002 A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Radcliff to approve payment to ALLCO, Inc. in the amount of $10,000.00, Area 4 drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council- member Neal to approve payments to d.p. Consulting Engineers, Inc. as follows: $24,219.38, upper Main "C" drainage improvements; and, $4,498.00, Boston Avenue pavement rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council- member Neal to approve payment of the bills for the month of April. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 13. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 14. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to adjourn the meeting at 4:05 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayor ATTEST: LaDonna Floyd, City Clerk u CITY OF NEDERLAND I COUNCIL MEETING ATTENDANCE SHEET J 1 NAME TITLE PRESENT ABSENT Homer Nagel Mayor j Robert Sawyer Council Member - Ward 1 Joe Clayton Council Member - Ward 2 j Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 i Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief j Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official / Victoria Klehn Librarian Kelly Gallowa Assistant to the Cit Manager Mayor City Clerk Date r• lir 673 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Billy Neal Council Member - Ward 2 / Judy Radcliff Council Member -Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief ,✓ Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official V Victoria Klehn Librarian 1/ Kelly Galloway Assistant to the City Mana er Mayor City Clerk S -1) -U2 Date 1 1 J L__.J City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2002 Investments at Beginning of Period ( 01 -1 -02) Purchases Maturities Investments at End of Period (3- 31 -02) Maturity Summary at March 31, 2002 0-73 $11,789,968.48 16,210,056.96 15,664,446.42 $12,335,579.02 C --Le s st h a n 3 months - 19 to 12 months 650 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2002 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund SSES Fund Drainage Construction Fund Police Narcotics Fund SRF Escrow & Construction Funds MCML Dispatch Equipment Replacement Fund Parks & Recreation Special Fund Bond Redemption Fund Balance @ Balance @ 1 -1 -02 Purchases Maturities 3 -31 -02 $3,390,991.63 $1,015,905.74 $4,406,897.37 28,099.53 10,084.90 10,000.00 28,184.43 1,817,234.57 8,523.90 1,825,758.47 9,919.70 46.53 9,966.23 666.84 3.12 669.96 743,416.07 3,487.06 746,903.13 0.00 500,000.00 500,000.00 1,431,295.65 2,290,722.84 3,293,275.48 428,743.01 38,355.46 179.91 38,535.37 4,265,106.12 12,380,798.62 12,361,170.94 4,284,733.80 607.99 2.85 610.84 47.97 0.22 48.19 21.01 0.10 21.11 64,205.94 301.17 64,507.11 $11,789,968.48 $16,210,056.96 $15,664,446.42 $12,335,579.02 Fund Allocation at March 31, 2002 (14.8 %) Water & Sewer Fund (0.5 %) Bond Redemption Funt (35.7 %) General Fund (34.7 %) SRF Escrow Fund (6.1 %) Capital Outlay Fund (3.5 %) Drainage Construction Fund (4.7 %) Other 1 [l 68_k. Investment Report Schedule Investments for the Quarter ended March 31, 2002 CERTIFICATES OF DEPOSIT Interest Earned for Quarter Certificate Purchase Maturity Days to Interest ended March Number Date Date be held Rate Face Amount 31, 2002 Maturing during quarter ended March 31, 2002 Library Special Fund 620376 01/02/01 01/02/02 365 5.10% $10,000.00 $2.94 SRF Construction Fund 471858 11/28/01 01/02/02 35 1.99% 2,050,125.51 223.95 Drainage Construction Fund 471841 11/28/01 01/02/02 35 1.99% 1,004,671.53 109.75 Drainage Construction Fund 471866 12/04/01 01/08/02 35 1.77% 426,624.12 165.74 SRF Escrow Fund 471874 12/04/01 01/08/02 35 1.77% 1,057,297.94 410.74 SRF Escrow Fund 471908 12/27/01 01/28/02 32 1.64% 1,006,451.18 1,267.19 SRF Construction Fund 471940 01/03/02 02/06/02 34 1.69% 2,054,041.22 3,236.03 Drainage Construction Fund 471957 01/03/02 02/06/02 34 1.69% 1,006,590.44 1,585.83 SRF Escrow Fund 471973 01/08/02 02/13/02 36 1.64% 1,059,093.92 1,714.46 Drainage Construction Fund 471965 01/08/02 02/13/02 36 1.64% 427,348.80 691.79 SRF Escrow Fund 470520 01/29/02 03/06/02 36 1.68% 1,007,899.27 1,671.42 SRF Construction Fund 472062 02/06/02 03/13/02 35 1.72% 2,057,277.25 3,395.81 SRF Construction Fund 472054 02/06/02 03/13/02 35 1.72% 1,008,176.27 1,664.13 Drainage Construction Fund 472302 02/13/02 03/20/02 35 1.71% 428,040.59 702.42 SRF Escrow Fund 472310 02/13/02 03/20/02 35 1.71% 1,060,808.38 1,740.82 Interest Earnings on Matured CDs for quarter ended March 31, 2002 18,583.02 Held at March 31, 2002 SRF Escrow Fund 472377 03/06/02 04/23/02 48 1.75% 1,009,570.69 1,210.80 SRF Construction Fund 472567 03/13/02 04/24/02 42 1.74% 2,060,673.06 1,768.94 Drainage Construction Fund 472419 03/20/02 05/30/02 71 1.74% 428,743.01 224.88 SRF Escrow Fund 472401 03/20/02 05/30/02 71 1.74% 1,062,549.20 557.32 SSES Fund 472575 03/13/02 06/01/02 80 1.78% 500,000.00 439.09 General Fund 472583 03/13/02 06/01/02 80 1.78% 1,000,000.00 878.17 Library Special Fund 471932 01/02/02 01/02/03 365 1.78% 10,000.00 43.01 Interest Earnings on CDs held at March 31, 2002 Total Interest Earned on CDs for the quarter ended March 31, 2002 Total Certificates of Deposit held at March 31, 2002 L J $ 6,071,535.96 5,122.21 �a2 Investment Report Schedule Investments for the Quarter ended March 31, 2002 ' INVESTMENT POOL - TEXPOOL Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 01/01/02 03/31/02 1 1.90% $3,390,991.63 $15,905.74 $3,406,897.37 Water & Sewer 01/01/02 03/31/02 1 1.90% 1,817,234.57 8,523.90 1,825,758.47 Parks & Rec. Fund 01/01/02 03/31/02 1 1.90% 21.01 0.10 21.11 Bond Redemp. 01/01/02 03/31/02 1 1.90% 64,205.94 301.17 64,507.11 Capital Outlay Fund 01/01/02 03/31/02 1 1.90% 743,416.07 3,487.06 746,903.13 Motel Occupancy 01/01/02 03/31/02 1 1.90% 9,919.70 46.53 9,966.23 Library Special 01/01/02 03/31/02 1 1.90% 18,099.53 84.90 18,184.43 Solid Waste Fund 01/01/02 03/31/02 1 1.90% 666.84 3.12 669.96 SRF Construction Fund 01/01/02 03/31/02 1 1.90% 151,231.49 709.36 151,940.85 MCML Dispatch 01/01/02 03/31/02 1 1.90% 607.99 2.85 610.84 Equipment Replacement Func 01/01/02 03/31/02 1 1.90% 47.97 0.22 48.19 Police Narcotic Fund 01/01/02 03/31/02 1 1.90% 38,355.46 179.91 38,535.37 Totals for TEXPOOL Investments $6,234,798.20 $29,244.86 $6,264,043.06 1 1 1 L J' Investment Report Schedule Investments for the Quarter ended March 31, 2002 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate March 31, 2002 Bond Redemp. 01/01/02 03/31/02 1 1.44% $101.00 Capital Outlay Fund 01/01/02 03/31/02 1 1.44% 184.46 CDBG #716591 Fund 01/01/02 03/31/02 1 1.44% 41.42 Court Technology Fund 01/01/02 03/31/02 1 1.44% 14.20 Drainage Construction Fund 01/01/02 03/31/02 1 1.44% 1,417.56 Equipment Replacement Funds 01/01/02 03/31/02 1 1.44% 344.55 General Fund 01/01/02 03/31/02 1 1.44% 5,440.09 Library Special 01/01/02 03/31/02 1 1.44% 168.92 MCML Dispatch 01/01/02 03/31/02 1 1.44% 59.15 Motel Occupancy 01/01/02 03/31/02 1 1.44% 5.12 Nederland Economic Development 01/01/02 03/31/02 1 1.44% 10,306.77 Parks & Rec. Fund 01/01/02 03/31/02 1 1.44% 0.00 Police Narcotic Fund 01/01/02 03/31/02 1 1.44% 160.53 Solid Waste Fund 01/01/02 03/31/02 1 1.44% 350.73 SRF Construction & Escrow Funds 01/01/02 03/31/02 1 1.44% 1,218.36 SSES Fund 01/01/02 03/31/02 1 1.44% 1,261.70 W & S Certificate Fund 01/01/02 03/31/02 1 1.44% 28.03 Water & Sewer .01/01/02 03/31/02 1 1.44% 366.62 $21,469.21 6S 684 Investment Report Schedule March 31, 2002 I LJ Interest Earnings for Quarter Ended March 31, 2002 Bond Redemption Fund $402.17 CDBG #716591 41.42 Capital Outlay 3,671.52 Court Technology Fund 14.20 Drainage Construction Fund 4,897.97 Equipment Replacement Funds 344.77 General Fund 22,224.00 Library Special Fund 299.77 MCML Dispatch 62.00 Motel Occupancy Tax Fund 51.65 Nederland Economic Development 10,306.77 Parks & Recreation Special Fund 0.10 Police Narcotic Account 340.44 Solid Waste Fund 353.85 SRF Escrow & Construction Funds 20,789.33 SSES Fund 1,700.79 W & S Certificate Fund 28.03 Water Fund 8,890.52 $74,419.30 , 1 085 ' AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF TBE CITY OF NEDERLAND, PROVIDING FOR STOP SIGNS, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00). WHEREAS, the City Council of the City of Nederland is of the opinion that additional traffic control devices are required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the following language: ARTICLE VH. SECTION 54 - STOP SIGNS • 4 -way stop sign shall be erected at the intersection of 7' Street and Boston Avenue. • 4 -way stop sign shall be erected at the intersection of South 13' Street and Avenue M. All vehicles must come to a complete stop before the stop sign or any designated crosswalk. I The stop signs shall be removed on South 13' Street at Avenue N. ARTICLE XVI. SECTION 122 - PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ARTICLE XVII. SECTION 133 - EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL ofthe City of Nederland, Texas on this the 11 day of , 2002. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: n ' EaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: C Richard Hughes, City omey City of Nederland, Texas -8u CITY OF NEDERLAND RESOLUTION NO. 2002-06 ' A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, NOMINATING GOODYEAR TIRE AND RUBBER COMPANY, AS AN "ENTERPRISE PROJECT" PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT. WHEREAS, the Texas Department of Economic Development ("Department") has designated the B eaumont/Nederland/Jefferson County Enterprise Zone (the "Zone') on January 9, 1998; and WHEREAS, the Department will consider The Goodyear Tire & Rubber Company ("Goodyear") as an enterprise project pursuant to a nomination and an application made by the City of Nederland, Texas (the "City "); and WHEREAS, the City desires to pursue the creation of the proper economic and social environment inorderto induce the investment ofprivate resources inproductivebusiness 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 "), Goodyear has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that Goodyear, or its successor in interest, meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following I grounds: 1. Goodyear is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business in the Zone and at least twenty -five percent (25.0 %) of the business' new employees will be residents of a Zone within the City's jurisdiction or economically disadvantaged individuals; 2. Goodyear is located in the Zone, or has made a substantial commitment to locate in the Zone, which has an unemployment level of at least one and one -half (1'/a) times the State of Texas unemployment rate. 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 Goodyear 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 Goodyear meets the criteria for tax relief and other incentives adopted by the City and nominates Goodyear 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 fords that it is in the best interest of the City to nominate Goodyear as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY I 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. MME BE IT FURTHER RESOLVED that the City ofNederland hereby nominates Goodyear as a Texas Enterprise Zone Project. BE IT FURTHER RESOLVED that Goodyear 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 this the 7 day of 12002. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: C LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: C, chard D. Hughes, Ciq Attorney City of Nederland, Texas C REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 6:00 p.m. May 21, 2002 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. See attached for quorum. 2. MINUTES A motion was made by Councilmember Sawyer and seconded by Council - member Neal to approve the minutes of the May 7, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 3. PRESENTATION Carolyn Motl and Don Pumphrey, Entergy, Inc., and Rick Williams, Nederland Economic Development Corporation addressed the Council relative to the City's redesignation as a Team City. Ms. Moll asked for the Council's continued support of the program. Mr. Williams stated that the Team City committee is a very productive program of the Chamber of Commerce and Entergy has been very supportive of Nederland through grants and promoting our community. Ms. Motl added that they are in the process of updating Nederland's community profile. She also stated that the Team City not only encourages new businesses to locate here but also honors the existing businesses. Ms. Motl then presented a plaque to Mayor Nagel representing Nederland's 15" year as a Team City. 4. RECESS Mayor Nagel called for a short recess at 6:10 p.m. 5. RECONVENE The meeting was reconvened at 6:20 p.m. by Mayor Nagel. Minutes continued, May 20, 2002 689 6, CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to approve an agreement with Wave Computers for computer reconfiguration work at the Marion & Ed Hughes Public Library in the amount of $8,899.00 to be paid from Hebert Foundation funds and the Library Special Funds accounts. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 7. TAXATION A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to waive penalty and interest on Account No. 027985 - 000800 and 069950- 004200 as recommended by the Jefferson County Tax Office. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 8. BIDS /PURCHASES A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Radcliff to award bids received for auditing services for FY 2001 -2002 to Edgar, Kiker & Cross, LLP, Beaumont, TX, in the amount of $25,000.00 if compliance with the Single Audit Act is not required and $27,500.00 if compliance with the Act is required. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to authorize the purchase of book supports for the Marion & Ed Hughes Public Library from Library Interiors of Texas in the amount of $4,660.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 9. ORDINANCE A motion was made by Councilmember Sawyer and seconded by Council - member Neal to approve Ordinance No. 2002 -03, authorizing the access of information in files. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. Minutes continued, May 20, 2002 10. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Council- member Neal to approve payment to JIBS Associates, Inc. in the amount of $7,250.00, water system audit. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to approve payment to d.p. Consulting Engineers, Inc. in the amount of $2,417.75, upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve payments to Schaumburg & Polk, Inc. as follows: $8,839.02, wastewater system improvements; $3,093.00, wastewater discharge permit; $1,517.82, 2000 -2001 collection system rehabilitation (Year 3); $5,623.00, 2001 -2002 collection system rehabilitation (Year 4); $17,934.84, 2002 -2003 collection system rehabilitation (Year 5); and, $2,293.84, west annexation area water and sewer improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Mayor Pro Tern Radcliff and seconded by Council- member Neal to approve payment to Jefferson County Drainage District No. 7 in the amount of $3,877.21, storm water permitting. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to approve payments to ALLCO, Inc. as follows: $54,928.95, Wastewater Treatment Plant improvements, and $93,317.81, west annexation water and sewer improvements, Phase 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 11. EXECUTIVE SESSION The regular meeting was recessed at 6:45 p.m. by Mayor Nagel for 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, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; David Allen et.al. v. City of Nederland; and, consultation with City Attorney. Minutes continued, May 20, 2002 12. RECONVENE The regular meeting was reconvened at 6:57 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 13. OFFICIALS' COMMENTS Andre' Wimer, City Manager, informed the Council that he placed an article from The Philadelphia Inquirer in their folders regarding the failure of electric de- regulation in Pennsylvania and New Jersey. Also included in their folders is an outline of the 2002 Summer Recreation Program which will run from June 3`d through June 28`h. Mr. Wimer reported that Chief Lovelady received a $1,000.00 grant from the State and he will be using it to publish a hurricane awareness pamphlet for Nederland residents. He added that Sarah Dowden, a student from Texas Tech will be doing an internship with the Cities of Nederland, Port Neches and Groves during the summer. She began at Nederland today and upon completion of her internship she will be required to write a paper on her experiences. 14. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to adjourn the meeting at 7:05 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor ` City of Nederland, Texas 69-1 i :f CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor y / Robert Sawyer Council Member - Ward 1 Billy Neal Council Member - Ward 2 / Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Mayor 11G L21a. City Clerk 0;2 Date 1 1 1 r' 1 693 CITY OF NEDERLAND ORDINANCE NO. 2002 -03 AN ORDINANCE AUTHORIZING THE ACCESS OF CONFIDENTIAL INFORMATION IN FILES CREATED BY LOCAL GOVERNMENT CODE SECTION 143.089(g) TO THE CITY MANAGER, ASSISTANT CITY MANAGER, ASSISTANT TO THE CITY MANAGER, AND CITY ATTORNEY AND ANY ATTORNEY HIRED TO ASSIST THE AFOREMENTIONED OFFICIALS AND EMPLOYEES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Local Government Code §143.089(g) makes certain information confidential concerning Firefighters' departmental personnel files to persons outside the department; and WHEREAS, the Attorney General in Opinion JC -0283 has determined that this information is available to the chief executive officer and governing body; and WHEREAS, the Attorney General has also determined that the chief executive officer and governing body is authorized to designate certain officials who are allowed to have access to this information; and WHEREAS, the City Council has determined that the City Manager, Assistant City Manager, Assistant to the City Manager, and City Attorney and any attorney hired to assist the aforementioned officials and employees should have access to this information, when acting in his or her official capacity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND HEREBY ORDAINS: SECTION 1 . The City Council hereby authorizes that confidential information in departmental files created under Local Government Code §143.089(g) can be released to the City Manager, Assistant City Manager, Assistant to the City Manager, and City Attorney and any attorney hired to assist the aforementioned officials and employees. SECTION 2. This information shall not be distributed to any unauthorized person. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED by the City Council of the City of Nederland this the ,20 day of lca , 2002. ATTEST: Iti a LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richard Hughes, City torney .,y— ,-_ — — — — — — Homer E. Nagel, Mayor REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 3:00 p.m. June 10, 2002 1. 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Council - member Neal to approve the minutes of the May 20, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 3. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 3:02 p.m. by Mayor Nagel for the purpose of receiving questions and /or comments regarding the adoption of 20 year any age service retirement with the Texas Municipal Retirement System for City employees. Andre' Wimer, City Manager, explained that the public hearing is a requirement to adopt any changes to the retirement system for employees. He added that if approved this will become effective January 1, 2003. Joseph Neumann stated that he felt the City should conduct a study to determine the cost per day per employee before the change is adopted. Mr. Wimer stated that T.M.R.S. has already conducted the actuarial analysis and the cost would be approximately $8,000 /year. 4. ADJOURN AND RECONVENE There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:08 p.m, by Mayor Nagel. Minutes continued, June 10, 2002 5, ORDINANCES A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to approve Ordinance No. 2002 -04, authorizing 20 year any age retirement effective January 1, 2003. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve Ordinance No. 2002 -05, discontinuing, closing and abandoning an alley in Block 9, Nederland Townsite, contingent upon receipt of payment by Mr. Leonard LaPoint and Mr. James A. Willis. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 6. DEVELOPMENTS A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve the preliminary and final plats of Audrey Place ' Subdivision as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. CONTRACTS /AGREEMENTS A motion was made by Mayor Nagel and seconded by Councilmember Neal to approve an agreement with Interface EAP, Inc. for the employee assistance program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve an Emergency Management Mutual Aid Agreement with the City of Port Neches, City of Groves, City of Beaumont, City of Bevil Oaks, City of Port Arthur, and Jefferson County. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. �1 695 1390 Minutes continued, June 10, 2002 A motion was made by Councilmember Sawyer and seconded by Council - member Neal to approve an agreement with Schaumburg & Polk, Inc. for surveying services associated with the sewer line located along Hwy. 69 near Rodair Gulley in an amount not to exceed $7,900.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 8. CHANGE ORDER A motion was made by Councilmember Neal and seconded by Councilmember Nugent to approve Change Order No. 4 with Excavators & Constructors, Inc. for the Hwy. 69 drainage crossing project in the amount of - $1,351.60. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 9. BIDS /PURCHASES A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to authorize the purchase of a dump truck for the Public Works Department from the Texas Local Government Purchasing Cooperation Buyboard in the amount of $45,255.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to authorize the advertisement of bids for employee health insurance and dental insurance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 10. ORDINANCE Andre' Wimer, City Manager, explained that this item was placed on the agenda as a continued discussion of the City's current sign ordinance. Mayor Nagel suggested that we amend our current ordinance to make changes to the days that are allowed to remove signs, as well as decrease the time allowed to file an appeal. He added that he would like to be able to prohibit all signs from being placed at City Hall. Mayor Nagel then asked the City Attorney to review the ordinance and what we would legally be able to regulate. } Minutes continued, June 10, 2002 11, PAYMENTS A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Nugent to approve payments to d.p. Consulting Engineers, Inc. as follows: $17,433.84, upper Main "C" drainage improvements; $6,646.50, Boston Avenue pavement rehabilitation; and, $4.508.10, Boston Avenue landscaping project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Radcliff to approve payment to Excavators & Constructors, Inc. in the amount of $31,036.20, drainage improvements, Hwy. 69 crossing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Nagel to approve payment to ALLCO, Inc. in the amount of $301,827.33, drainage improvements, Area 4. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve payment to Placo, Ltd. in the amount of $6,765.58, drainage improvements, Area 5. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Radcliff to approve payment of the bills for the month of May. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 12. EMPLOYEES AND PERSONNEL A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to postpone the item regarding a grievance submitted by John LeJunie at his request. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 13_� Minutes continued, June 10, 2002 13. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent ' to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 14. OFFICIALS' COMMENTS Mayor Nagel stated that he received a call from Charles Goss, 1639 - 27`h Street, regarding tractor trailers damaging his yard. Mr. Goss said that these trucks are delivering supplies down a private road across the street from his home and in order to make the sharp turn they have to back up which causes them to pull partially into his yard. Richard Hughes, City Attorney, advised Mayor Nagel that he would speak to Mr. Goss and inform him of his rights. 15. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 4:34 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayor ATTEST: aAa+til�� OF N E pc��i "i��. LaDonna Floyd, City Clerk 2 'c L'J CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor P Robert Sawyer Council Member - Ward 1 Billy Neal Council Member - Ward 2 V Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member -Ward 4 .o Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager �n Mayor City Clerk 6- /&- o:2 Date )J i t1 :i CITY OF NEDERLAND ORDINANCE NO. 2002 -04 , AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Pursuant to the provisions of Section 854.202(g) of Subtitle G of Title 8, Texas Government Code, as amended, which Subtitle shall herein be referred to as the "TMRS Act," the City of Nederland, Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System (herein referred to as the "System "): (a) Any employee of the City who is a member of the System is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the System performed for one or more municipalities that have adopted a like provision under Section 854.202(g) of the TMRS Act. (b) Prior to adopting this ordinance, the governing body of the City has: (1) prepared an actuarial analysis of member retirement annuities at 20 years of service; and (2) held a public hearing pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code. (c) The rights hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. Section 2. This ordinance shall become effective on the first day of January 2003. Passed and approved this the /0 day of LV- e , 2002. ATTEST: LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City A6rney Homer E. Nagel, Mayor CITY OF NEDERLAND ORDINANCE NO. 2002 -05 AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING OF AN ALLEY RIGHT -OF -WAY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Leonard J. LaPoint and James A. Willis, Jr. each own separate portions of the property adjacent to the alley right -of -way hereinafter described. WHEREAS, that said portion of said alley right -of -way is no longer used and the said above named property owners have requested the City Council of the City of Nederland to discontinue, close and abandon said portion of the right -of -way, as hereinafter described; and WHEREAS, the City of Nederland agrees to discontinue, close, and abandon, and convey and exchange said right -of -wayto the abutting propertyowners at fair market value as determined by an appraisal obtained by the City. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That the following described portion of said alley right -of -way in the City of Nederland, Jefferson County, Texas, be and it is hereby discontinued, closed and abandoned as an alley right -of -way: 0.0643 acres of land located in Block 9, Nederland Townsite, between 911 Chicago Avenue and 316 10' Street and as indicated on Attachment "A ". SECTION 2: The City of Nederland shall convey and exchange said alley right -of- way to the abutting property owners at fair market value as determined by an appraisal obtained by the City. SECTION 3: This ordinance shall be effective from and after its passage. SECTION 4: That the Mayor and City Clerk shall be authorized to sign and attest the transfer of this property by Quit -Claim Deed or other instruments, as needed, to the above named. PASSED, APPROVED AND ADOPTED a regular meeting of the City Council of the City of Nederland on this the IO day of 2002. i Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: o J, 0,, ' LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City rn y City of Nederland, Texas 102 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 6:00 p.m. June 24, 2002 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve the minutes of the June 10, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:01 p.m. by Mayor Nagel for the purpose of receiving questions and /or comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following locations: 2424 Avenue H; 2323 Avenue A; 103 Nederland Avenue; 113 Avenue D; 7747 Smith Road; and, 3412 Nederland Avenue. Rod Hatch, Building Official, gave a brief report on each structure. He stated that five of the six structures would require more than 50% of the fair market value to rebuild or make habitable. Mr. Hatch added that all structures meet the demolition requirements of Ordinance No. 2001 -07. Mr. Hatch had recommended 60 days for the removal or relocation of the structure located at 2424 Avenue H, however, the owner, Jack W. Taylor, has asked for 90 days. Mr. Hatch stated that he would be agreeable to the time being extended to 90 days. The structure at 113 Avenue D was bought by Ken Dumesnil from Burt Roger, , Jr. and this house was damaged due to a fire. Mr. Dumesnil has taken out a permit to rebuild and plans to make it his homestead. Mr. Hatch stated that he would recommend that Mr. Dumesnil be given 6 months to bring the structure back in to code compliance. Minutes continued, June 24, 2002 Mr. Hatch recommended 60 days be given to Jack Paschal to remove the garage located at 2323 Avenue A. He added that he has not heard from the owner. Mr. Hatch stated that he would notify him of Council's action. Mr. Hatch recommends 30 days for the removal of a trailer house located at 7747 Smith Road #3. The owner, Alton Stewart, has refused all notices sent to him regarding the removal of the trailer, however, one that would have been scheduled for demolition has been removed. Mr. Hatch reported that the structures at 103 Nederland Avenue and 3412 Nederland Avenue are both commercial buildings and were once owned by Mini Serve, Inc. Apparently both of these locations were involved in bankruptcy and no one is willing to take responsibility for them. There are many years of delinquent taxes owed on both. Mr. Hatch would like to recommend that the City demolish both structures. He has received a bid from Coastal Demolition, Inc. in the amount of $ 1,850.00 for each location. Mr. Hatch added that before any commercial building can be demolished an asbestos survey must be conducted at a cost of approximately $500.00. Dependent upon the findings of the asbestos survey, the removal cost could increase. ' 4. RECONVENE There being no questions and /or comments the Public Hearing was adjourned at the regular meeting reconvened at 6:21 p.m. by Mayor Nagel. 5. BUILDING AND BUILDING REGULATIONS A motion was made by Councilmember Sawyer and seconded by Council - member Neal to set a 90 -day time period for Jack W. Taylor to comply with the demolition and removal of the structure located at 2424 Avenue H, and in the event that the structure is not removed within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Radcliff and seconded by Council - member Nugent to set a 6 month time period for Ken Dumesnil to repair the structure located at 113 Avenue D. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, June 24, 2002 A motion was made by Mayor Nagel and seconded by Councilmember Nugent to set a 60 -day time period for Frank Paschal to comply with the demolition and removal of the garage located at 2323 Avenue A, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to set a 30 -day time period for Alton Stewart to comply with the demolition and removal of the structure located at 7747 Smith Road #3, and in the event that the structure is not removed within the 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to authorize the removal of the structures located at 103 Nederland Avenue and 3412 Nederland Avenue, contingent upon the results of the asbestos survey and final approval of the City Attorney upon review of all documentation pertaining to these properties. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 6. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Council- member Neal to approve an Emergency Management Mutual Aid Agreement with the City of Nome and the City of China. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Radcliff and seconded by Council- member Nugent to approve an interlocal agreement with Lumberton I.S.D. for use of the L.I.S.D. facilities for emergency operations. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Nagel to approve an interlocal agreement with the City of Beaumont and Jefferson County, allowing the Nederland Police Department to access certain information through a computerized information exchange system maintained by the Beaumont Police Department. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. i ( ) ;; Minutes continued, June 24, 2002 7. LIBRARY LA motion was made by Mayor Pro Tern Radcliff and seconded by Council- member Sawyer to authorize the Marion & Ed Hughes Library to participate in the Tex Share Library Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 8. GRANTS A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Radcliff to approve the submission of a solid waste grant to the South East Texas Regional Planning Commission. MOTION ARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 9. REGIONAL WATER PLANNING GROUP A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to authorize payment to Jefferson County in the amount of $2,097.00 for Nederland's allocation in the Regional Water Planning Group. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 10. PAYMENTS A motion was made by Councilmember Nugent and seconded by Council- member Neal to approve payment to ALLCO, Inc. in the amount of $58,758.41, west annexation water and sewer improvements, Phase 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council- member Neal to approve payment to Brystar Contracting, Inc. in the amount of $13,732.25, 2000 -2001 wastewater collection system improvements (Year 3). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 10 Minutes continued, June 24, 2002 A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to JBS Associates, Inc. in the amount of $12,180.00, I water system audit. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Neal to approve payment to Schaumburg & Polk, Inc. as follows: $6.001.62, wastewater system improvements (Treatment Plant); $2,246.38, west annexation area water and sewer improvements; $746.96, 2000 -2001 collection system rehabilitation (Year 3); $8,984.62, 2001 -2002 collection system rehabilitation (Year 4); $9,256.00, 2002 -2003 collection system rehabilitation (Year 5); and, $6,797.01, wastewater discharge permit. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 11. BOARDS AND COMMISSIONS A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Nugent to approve the following appointments: George Eisenmann, 3 -year term to Firefighters' Civil Service Commission; C. J. Schexnaider, Kenneth Mitchell, Jack Porter, Mark Griffin, and Tim Sheffield, 2- year terms to the Planning and Zoning Commission; Jackie Miller, Bob Smith, Mike Spell, and Bill Wills, 2 -year terms, and Danny Delahoussaye, alternate, to the Construction Board of Appeals; Guy Barlow, 3 -year term, Bill Cummins and Barney Green, 2 -year terms, and Kenneth Whigham and Erik Shaw, 1 -year terms, to the Zoning Board of Appeals /Trailer Park Board of Appeals; and, Sonya Willis, 2 -year term as Lay Representative to the Houston Area Library System, and George Eisenmann as alternate. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 12. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 0 Minutes continued, June 24, 2002 13. PUBLIC OFFICIALS E A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to authorize the appointment of La Donna Floyd, City Clerk; Cheryl Dowden, Director of Finance /Assistant City Manager; Mike Lovelady, Fire Chief /Fire Marshal; Darrell Bush, Police Chief; John Borne, City Judge; Richard Hughes, City Attorney; Mike Lovelady, Emergency Management Coordinator; and, Darrell Bush, Assistant Emergency Management Coordinator. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, informed Council that a Public Hearing will be held during the next council meeting to meet requirements of the CDBG application process. He also reminded Council of the dedication of Cropo LeBlanc Park on Sunday at 2:00 p.m. Mr. Wimer stated that last week the Supreme Court ruled on door -to -door solicitation and we will be waiting on an interpretation from Texas Municipal League to see how it will effect our ordinance. 15. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 7:20 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. ATTEST: LaDonna Floyd, City Clerk 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 l Billy Neal Council Member - Ward 2 Judy Radcliff Council Member - Ward 3 / Dick Nugent Council Member - Ward 4 / Andre' Wimer City Manager LaDonna Floyd City Clerk V/ Richard Hughes City Attorney / Darrell Bush Police Chief 4 Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian .Kelly Galloway Assistant to the City Manager Mayor �— City Clerk Date il 1 REGULAR MEETING OF THE CITY COUNCIL OF THE L CITY OF NEDERLAND 3:00 p.m. July 8, 2002 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Council - member Neal to approve the minutes of the June 24, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. ' 3. WATER AND WASTEWATER Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2001 Drinking Water Quality Report (Consumer Confidence Report) which was mailed to all customers. In accordance with EPA regulations all water suppliers are required to issue the CCR to all its customers on an annual basis. He added that the report shows that Nederland's water quality does not exceed the maximum allowable levels for any contaminates. 4. PRESENTATION Sara Dowden, intern for the City of Nederland, gave a presentation on paperless agenda packets. She stated that the City has been studying the possibility of converting to paperless for quite some time. The initial cost for this project will be approximately $400.00 for a scanner and $1,650.00 per laptop. Ms. Dowden added that the City will purchase 14 laptop computers for Council and department heads. She demonstrated the process that is used by the City of Missouri City and feels that it is probably the most user friendly method she has seen. The goals in securing a paperless agenda format are to curb costs such as paper, ink, and copier use, to make better use of valuable employee time, and to work toward preparation of a City web site. 110 Minutes continued, July 8, 2002 5. PAYMENTS A motion was made by Councilmember Nugent and seconded by Mayor Pro , Tern Radcliff to approve payment to ALLCO, Inc. in the amount of $105,117.75, drainage improvements, Area 4. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Nugent to approve payment to Placo, Ltd. in the amount of $1013,630.27, drainage improvements, Area 5. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve payments to d.p. Consulting Engineers, Inc. as follows: $24,337.35, upper Main "C" drainage improvements; $1,935.00, Boston Avenue pavement rehabilitation project; $8,896.60, Boston Avenue landscaping project; and, $1,431.55, West Chicago survey work. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent, Noes: None. A motion was made by Councilmember Sawyer and seconded by , Councilmember Neal to approve payment of the bills for the month of June, 2002. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 6. BUDGET Andre' Wimer, City Manager, gave a brief overview of the proposed 2002 -2003 budget and announced that the Public Hearing will be held at 5:30 p.m., July 22 "d The combined funds for FY 02 -03 total $15,744,592, with the proposed tax rate to increase by $.01 to $.66 per $100 of assessed valuation. The General Fund proposed budget includes projected revenues of $6,232,206 and anticipated expenditures of $6,332,206. Fund balance in the amount of $100,000 will be utilized to offset this difference. The proposed budget reflects the elimination of the Parks and Recreation Director position which occurred within the current fiscal year. Mr. Wimer reviewed the significant changes in the remaining funds. In the Water and Sewer Fund an increase in water rates in the amount of $.25/1,000 gallons of consumption is included. A reallocation of fund reserves has also been proposed in this fund which will transfer $100,000 to the Equipment Minutes continued, July 8, 2002 Replacement Fund -Water and Sewer Fund in order to increase the balance of this fund. The Solid Waste Fund will remain consistent with those included in the current fiscal year. The Capital Outlay Fund includes $256,000 for resurfacing and beautification projects on Boston Avenue; $15,000 to complete construction of a new animal shelter; $12,000 for the replacement of flooring in the Fire Station; $12,000 for upgrades to the City's computer system; $25,000 for water storage tank inspection; and, $160,000 for street improvements. Mr. Wimer added that the Nederland Economic Development Corporation has a proposed budget of $1,559,819. Contributions from the cities of Nederland, Port Neches, and Groves for the MCML Central Dispatch Fund are based upon $.815 per capita. Total debt service requirements for FY 02 -03 total $1,668,127. With regard to personnel issues Mr. Wimer added that the budget includes a three percent (3 %) cost of living increase for employees, including the Municipal Judge. In concluding, Mr. Wimer stated that the proposed budget attempts to maintain sufficient levels of reserve funds, while allocating estimated revenues for operational expenses. A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve Resolution 2002 -07, submitting the City of I Nederland Annual Budget for the fiscal year beginning October 1, 2002 and ending September 30, 2003, and calling for a Public Hearing to be held at 5:30 p.m., July 22, 2002 for the purpose of discussing the proposed budget as per Article VIII of the City Charter. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 7. CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, reviewed the proposed Five Year Capital Improvement Program for the years 2003 -2007 which identifies capital expenditures /projects totaling $5,079,950. 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. He 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. Y6 i1, Minutes continued, July 8, 2002 8. EXECUTIVE SESSION The regular meeting was recessed at 4:10 p.m. by Mayor Nagel for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, grievance of John LeJunie; Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; and Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; David Allen et, al. v. City of Nederland; and consultation with City Attorney. 9. RECONVENE The regular meeting was reconvened at 5:15 p.m. by Mayor Nagel. He announced that the Executive Session was recessed in order to conduct a 5:15 p.m. advertised public hearing. 10. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 5:15 p.m. by Mayor Nagel for the purpose of discussing the Texas Community Development Grant programs and the possible submission of an application to the Office of Rural Community Affairs for a Texas Community Development Fund Grant. Randy Blanks, David J. Waxman, Inc., stated that the deadline for submitting an application is September 26, 2002. He added that water and sewer projects are still getting the most funding. He feels Nederland's chances are very good this year. The Regional Review Committee will be meeting toward the end of the year to begin the scoring process of submitted applications. Mr. Blanks stated that the State will probably award the grants during March 2003. He suggested that Nederland again submit the water and sewer project near the Gage Avenue /Atlanta Avenue area. A resolution approving the submission of the grant will need to be approved at the next meeting or the first meeting in August. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:23 p.m. by Mayor Nagel. 0 1 q Minutes continued, July 8, 2002 11. EXECUTIVE SESSION The regular meeting was recessed at 5:24 p.m. by Mayor Nagel for the purpose of continuing the Executive Session. 12. RECONVENE The regular meeting was reconvened at 7:10 p.m. by Mayor Nagel. He announced that other than the grievance of John LeJunie the remainder of the Executive Session was held for informational purposes only. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to uphold the demotion of John LeJunie from Wastewater Treatment Plant Operator to Maintenance Worker from April 3, 2002 through July 14, 2002, at which time he will be reinstated to his previous status as a Wastewater Treatment Plant Operator, with no back pay for the duration of the demotion. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 13. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the street program will begin this week. He also presented the brochure that Mike Lovelady, Emergency Management Coordinator, had printed with funds received from the Federal Emergency Management Agency. The brochure is intended to provide hurricane preparedness information to citizens. 14. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 7 :16 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Homer E. Nq Mayo n (pnrypii NEn�?n.,. ATTEST: LaDonna Floyd, City Clerk / .1 , 114 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor it Robert Sawyer Council Member -Ward 1 Billy Neal Council Member - Ward 2 Judy Radcliff Council Member - Ward 3 i/ Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian .Kelly Galloway Assistant to the City Manager ` Mayor �Tc City Clerk '1,V - &z Date i 1.1;5 RESOLUTION 2002 -07 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, 2002 AND ENDING SEPTEMBER 30, 2003. 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, 2002 and ending September 30, 2003; 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 5:30 p.m., July 22, 2002, 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 8" DAY OF JULY, A.D., 2002. Homer E. Nagel, Mayor 'y City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FO AND LEGALITY: ' Richard D. Hughes, City AttonUy City of Nederland, Texas I I G SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. July 22, 2002 MEETING The meeting was called to order at 5:30 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 5:30 p.m. by Mayor Nagel for the purpose of receiving questions and /or comments regarding a the proposed City of Nederland Fiscal Year 2002 -2003 budget. Andre' Wimer, City Manager, briefly reviewed the budget, outlining each fund and the major expenditures of each. Loye Kemp, President, Public Employees Association of Texas, addressed Council relative to the Association and City of Nederland non -civil service employees. He stated that although the budget is tight this year he would like to ask Council to consider several requests that he feels is very important to the non -civil service employees. They would like to increase the amount of accumulated compensatory time to 80 hours, be furnished with work boots, and increase the amount of sick leave to 1,100 hours with a 100% buy back at retirement. Mr. Kemp asked that they also consider the following benefits that would be of very little or no cost to the city: 5 -year vesting; allow certain employees to wear short pants during summer months (i.e., garbage truck drivers, trash truck drivers, and meter readers); pay a minimum of 2 hours stand -by pay for those required to do so; and, establish a more extensive safety training program to include CPR, first aid, and job related safety procedures. Mr. Kemp thanked the Council for this opportunity and asked that they consider these requests prior to approval of the budget. There being no further questions and /or comments the Public Hearing was adjourned and the special meeting was reconvened at 6:03 p.m. by Mayor Nagel. 1 C 1 1-1 Minutes continued, July 22, 2002 3. CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, briefly reviewed the Five Year Capital Improvement Plan. 4. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 6:05 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None, 1.0 LC--"-) C—, LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 L i ATTEST: '''� „�cRLAN,�a�''a� 1.0 LC--"-) C—, LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 L i CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Billy Neal Council Member - Ward 2 Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager ✓ LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief yi Mike Lovelady Fire Chief ✓ Cheryl Dowden Director of Finance V_/ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian I/ Kelly Galloway Assistant to the City Manager sue' Mayor City Clerk V, ;?,-Q _C, Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:05 p.m. July 22, 2002 1. MEETING The meeting was called to order at 6:05 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve the minutes of the July 8, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 3. JOINT PUBLIC HEARING The regular meeting was recessed and a Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 6:09 p.m. by Mayor Nagel for the purpose of receiving questions and /or comments regarding the issuance of a Specific Use Permit for the property described as Lots 22 & 23, Block 8, Airport 1 Subdivision. Andre' Wimer, City Manager, stated that the Planning and Zoning Commission has recommended that the City authorize the issuance of a Specific Use Permit to Kenneth Tolbert at the above location to place a miniature golf course, playground, and ice cream parlor in a Neighborhood Retail Commercial zoned property. Mayor Nagel asked for questions and /or comments relative to the proposed Specific Use Permit. Betty Derese, 3403 Nederland Avenue, asked for additional information on the proposed business. I 119 i ' ` I Minutes continued, July 22, 2002 Kenneth Tolbert, owner, stated that the business will be open on weekends until approximately 11:00 p.m. and on weekdays until 10:00 p.m. and no later than 11 :00 p.m. He explained that the playground area will not be utilized during the evening hours and will be fenced off from the miniature golf area. He has planned to erect an 8' fence between the business and the residents. Mr. Wimer explained that no final decisions will be made by Council tonight. He added that they will provide direction to staff concerning preparation of the ordinance, if approved, which will create the Specific Use Permit; the ordinance would then be included on the August 12th agenda. The City Council retains the authority to establish conditions of operation, location, arrangement, and /or construction of the use for which the permit is authorized. The Council may consider such factors as compatibility with surrounding property uses, enhancement of the area and adjacent properties, effect on public health, and conformity with applicable zoning regulations. The majority of those in attendance were concerned with the hours of operation and the noise level of the business. Mr. Doc Willey, 3304 Avenue A, stated that he is very concerned with the hours of operation on weekdays, as well as the lighting. Mr. Wimer explained that the ordinance could include specifications for light ' pole heights and the requirement of directional lighting. He added that the City Attorney will review the City's ability to regulate hours of operation. Mayor Nagel reiterated that the ordinance will be included on the August 12th agenda which will be held at 3:00 p.m. There being no further questions and /or comments the Joint Public Hearing was adjourned and the regular meeting was reconvened at 6:35 p.m. by Mayor Nagel. 4. FINANCE Cheryl Dowden, Director of Finance, presented the Quarterly Investment Report for the quarter ending June 30, 2002. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to accept the Quarterly Investment Report as presented. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, July 22, 2002 5. CONTRACTS /AGREEMENTS A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Radcliff to approve an amendment to an agreement with d.p. Consulting Engineers, Inc. for engineering services associated with the upper Main "C" drainage improvements in the amount of + $100,800.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 6. ORDINANCE A motion was made by Mayor Pro Tem Radcliff and seconded by Mayor Nagel to approve Ordinance No. 2002 -06, adopting an amended Drought Contingency Plan. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. RESOLUTION A motion was made by Councilmember Nugent and seconded by Council- member Neal to approve Resolution 2002 -08, submitting an application to the Office of Rural Community Affairs for a Texas Community Development Fund Grant. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 8. WATER AND SEWER A motion was made by Councilmember Sawyer and seconded by Council- member Nugent to accept the sewer improvements in the west annexation area, Phase I. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 9. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilmember Neal to approve payments to Schaumburg & Polk, Inc. as follows: $19,004.54, 2001 - 2002 collection system rehabilitation (Year 4); $330.00, 2000 -2001 collection system rehabilitation (Year 3); $2,905.40, west annexation area water and sewer improvements; and $8,706.04, wastewater system improvements (treatment plant). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. L � i Minutes continued, July 22, 2002 A motion was made by Councilmember Sawyer and seconded by Council - member Neal to approve payments to ALLCO, Inc. as follows: $70,642.16, west annexation water and sewer improvements, Phase 2; and, $62,664.86, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 10. EXECUTIVE SESSION The regular meeting was recessed at 6:55 p.m. by Mayor Nagel for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; and, Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; David Allen et. al. v. City of Nederland; and, consultation with City Attorney. 11. RECONVENE The regular meeting was reconvened at 7:45 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 12. PUBLIC OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that a library employee will be retiring soon and staff will be looking at restructuring by possibly reducing hours of operation and replacing the full time employee with a part time employee. He added that Senate Bill 5 was passed as a voluntary energy conservation program and the City can receive a free audit of our facilities. Mr. Wimer also reported that the Peterson Road residents have once again approached the City asking that we provide them with sewer service. It appears that Sun Oil has given permission to use their line that runs parallel with Petersen Road. 13. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Neal to adjourn the meeting at 8:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. ATTEST: Nbm$r E. Nagel, Mayor LaDonna Floyd, City Clerk CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Billy Neal Council Member - Ward 2 Judy Radcliff Council Member - Ward 3 1/ Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager ,/ LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief ✓ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kell Galloway Assistant to the City Manager Mayor City Clerk '% -� =�� Date iI Agenda Ttem # �4 Modorlawd Homer E. Nagel, Mayor Judy Radcliff, Mayor Pro tem Robert Sawyer, Councilmember Silly Neal, Councilmember R.A. "Dick' Nugent, Councilmember Investment Report For the Quarter Ending June 30, 2002 This report has been prepared in accordance with the Public Funds Investment Act (Section 2256.023, Government Code), which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland Andre' Wimer, City Manager Cheryl bowden, Director of Finance "Proura,mmed for ProLgress" 1 1 1 L City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 2002 Investments at Beginning of Period ( 4 -1 -02) Purchases Maturities Investments at End of Period (6- 30 -02) Maturity Summary at June 30, 2002 $12,335,579.02 4,091,720.62 6,061,535.96 $10,365,763.68 o �12 months 0 ths 12G City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 2002 ' Fund Allocation at June 30, 2002 (17.7 %) Water & Sewer Fund (33.0 %) General Fund (0.6 %) Bond Redemption Fund (7.2 %) Capital Outlay Fund (4.2 %) Drainage Construction Fund (5.6 %) Other (31.7 %) SRF Escrow Fund 1 Balance @ Balance @ 4 -1 -02 Purchases Maturities 6 -30 -02 General Fund $4,406,897.37 $15,563.43 $1,000,000.00 $3,422,460.80 Library Fund 28,184.43 83.07 28,267.50 Water & Sewer Fund 1,825,758.47 8,340.44 1,834,098.91 Motel Occupancy Tax Fund 9,966.23 45.56 10,011.79 Solid Waste Fund 669.96 2.88 672.84 Capital Outlay Fund 746,903.13 3,412.00 750,315.13 SSES Fund 500,000.00 501,954.44 500,000.00 501,954.44 Drainage Construction Fund 428,743.01 430,196.58 428,743.01 430,196.58 Police Narcotics Fund 38,535.37 176.05 38,711.42 SRF Escrow & Construction Funds 4,284,733.80 3,131,648.63 4,132,792.95 3,283,589.48 MCML Dispatch 610.84 2.74 613.58 Equipment Replacement Fund 48.19 0.13 48.32 Parks & Recreation Special Fund 21.11 0.01 21.12 Bond Redemption Fund 64,507.11 294.66 64,801.77 $12,335,579.02 $4,091,720.62 $6,061,535.96 $10,365,763.68 Fund Allocation at June 30, 2002 (17.7 %) Water & Sewer Fund (33.0 %) General Fund (0.6 %) Bond Redemption Fund (7.2 %) Capital Outlay Fund (4.2 %) Drainage Construction Fund (5.6 %) Other (31.7 %) SRF Escrow Fund 1 Investment Report Schedule Investments for the Quarter ended June 30, 2002 CERTIFICATES OF DEPOSIT Certificate Purchase Maturity Days to Interest Number Date Date be held Rate Face Amount Maturing during quarter ended June 30, 2002 SRF Escrow Fund 472377 03/06/02 04/23/02 48 1.75% 1,009,570.69 SRF Construction Fund 472567 03/13/02 04/24/02 42 1,74% 2,060,673.06 Drainage Construction Fund 472419 03/20/02 05/30/02 71 1.74% 428,743.01 SRF Escrow Fund 472401 03/20/02 05/30/02 71 1.74% 1,062,549.20 SSES Fund 472575 03/13/02 06/01/02 80 1.78% 500,000.00 General Fund 472583 03/13/02 06/01/02 80 1.78% 1,000,000.00 Interest Earnings on Matured CDs for quarter ended June 30, 2002 Held at June 30, 2002 SRF Construction Fund 472450 04/24/02 07/02/02 Drainage Construction Fund 472617 05/30/02 07/03/02 SSES Fund 472641 06/03/02 07/05/02 SRF Escrow Fund 472633 05/30/02 08/01/02 Library Special Fund 471932 01/02/02 01/02/03 Interest Earnings on CDs held at June 30, 2002 365 Total Interest Earned on CDs for the quarter ended June 30, 2002 1 Total Certificates of Deposit held at June 30, 2002 12f Interest Earned for Quarter ended June 30, 2002 1,115.21 2,360.95 1,228.69 3,045.05 1,515.35 3,030.72 12,295.97 69 1.61% 2,064,802.95 6,111.09 34 1.68% 430,196.58 614.25 32 1.66% 501,954.44 616.74 63 1.67% 1,066,151.57 1,513.22 365 1.78% 10,000.00 44.66 $ 4,073,105.54 8,899.96 12s Investment Report Schedule Investments for the Quarter ended June 30, 2002 INVESTMENT POOL - TEXPOOL General Fund Water & Sewer Parks & Rec. Fund Bond Redemp. Capital Outlay Fund Motel Occupancy Library Special Solid Waste Fund SRF Construction Fund MCML Dispatch Equipment Replacement Fun( Police Narcotic Fund Totals for TEXPOOL Investments $6,264,043.06 $28,615.08 $6,292,658.14 1 C 1 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value 04/01/02 06/30/02 1 1.83% $3,406,897.37 $15,563.43 $3,422,460.80 04/01/02 06/30/02 1 1.83% 1,825,758.47 8,340.44 1,834,098.91 04/01/02 06/30/02 1 1.83% 21.11 0.01 21.12 04/01/02 06/30/02 1 1.83% 64,507.11 294.66 64,801.77 04/01/02 06/30/02 1 1.83% 746,903.13 3,412.00 750,315.13 04/01/02 06/30/02 1 1.83% 9,966.23 45.56 10,011.79 04/01/02 06/30/02 1 1.83% 18,184.43 83.07 18,267.50 04/01/02 06/30/02 1 1.83% 669.96 2.88 672.84 04/01/02 06/30/02 1 1.83% 151,940.85 694.11 152,634.96 04/01/02 06/30/02 1 1.83% 610.84 2.74 613.58 04/01/02 06/30/02 1 1.83% 48.19 0.13 48.32 04/01/02 06/30/02 1 1.83% 38,535.37 176.05 38,711.42 Totals for TEXPOOL Investments $6,264,043.06 $28,615.08 $6,292,658.14 1 C 1 1 Investment Report Schedule 12 3, Investments for the Quarter ended June 30, 2002 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate June 30, 2002 Bond Redemp. 04/01/02 06/30/02 1 1.51% $1,608.02 Capital Outlay Fund 04/01/02 06/30/02 1 1.51% 25.87 CDBG #716591 Fund 04/01/02 06/30/02 1 1.51% 46.06 Court Technology Fund 04/01/02 06/30/02 1 1.51% 4.45 Drainage Construction Fund 04/01/02 06/30/02 1 1.51% 788.36 Equipment Replacement Funds 04/01/02 06/30/02 1 1.51% 99.10 General Fund 04/01/02 06/30/02 1 1.51% 1,306.43 Library Special 04/01/02 06/30/02 1 1.51% 41.08 MCML• Dispatch 04/01/02 06/30/02 1 1.51% 12.30 Motel Occupancy 04/01/02 06/30/02 1 1.51% 1.62 Nederland Economic Development 04/01/02 06/30/02 1 1.51% 11,154.70 Parks & Rec. Fund 04/01/02 06/30/02 1 1.51% 0.00 Police Narcotic Fund 04/01/02 06/30/02 1 1.51% 47.44 Solid Waste Fund 04/01/02 06/30/02 1 1.51% 74.27 SRF Construction & Escrow Funds 04/01/02 06/30/02 1 1.51% 4,763.35 SSES Fund 04/01/02 06/30/02 1 1.51% 206.22 ' W & S Certificate Fund Water & Sewer 04/01/02 04/01/02 06/30/02 06/30/02 1 1 1.51% 1.51% 111.58 120.60 $20,411.45 1 130 Investment Report Schedule June 30, 2002 1 Interest Earnings for Quarter Ended June 30, 2002 Bond Redemption Fund $1,902.68 CDBG #716591 46.06 Capital Outlay 3,437.87 Court Technology Fund 4.45 Drainage Construction Fund 2,631.30 Equipment Replacement Funds 99.23 General Fund 19,900.58 Library Special Fund 168.81 MCML Dispatch 15.04 Motel Occupancy Tax Fund 47.18 Nederland Economic Development 11,154.70 Parks & Recreation Special Fund 0.01 Police Narcotic Account 223.49 Solid Waste Fund 77.15 SRF Escrow & Construction Funds 19,602.98 SSES Fund 2,338.31 W & S Certificate Fund 111.58 Water Fund 8,461.04 ' $70,222.46 t CITY OF NEDERLAND ORDINANCE NO. 2002 -06 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, ADOPTING AN AMENDED DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Nederland, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all publicwater supply systems in Texas to prepare a drought contingency plan; and WHEREAS, as authorized under law, and in the best interests of the citizens of Nederland, Texas, the Nederland City Council deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. That the City of Nederland, Texas Drought Contingency Plan attached hereto as Exhibit A and made part hereof for all purposes be, and the same is hereby, adopted as the official policy of the City. SECTION 2. That the City of Nederland, Texas Drought Contingency Plan attached hereto as Exhibit A replaces the Drought Contingency Plan previously submitted to the Texas Natural Resource Conservation Commission on December 26, 2001. SECTION 3. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. i3- SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland on this the as day of 9 2002, Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: clelo v- g c"14 i LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, CK Attorney City of Nederland, Texas 133 EXHIBIT A DROUGHT CONTINGENCY PLAN FOR THE CITY OF NEDERLAND, TEXAS Section I: Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City ofNederland, Texas (the City) hereby adopts the following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non - essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section XI of this Plan. ' Section II: Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City by means of a Public Meeting held on November 26, 2001 at City Hall in the Council Chamber. Section III: Public Education The City will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of a Public Meeting. Section IV: Coordination with Regional Water Planning Groups The service area of the City is located within the Deep East Texas Region (I) and the City has provided a copy of this Plan to the Deep East Texas Region (I). Section V: Authorization The Mayor and/or the City Manager of the City of Nederland, or their designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such 134 implementation is necessary to protect public health, safety, and welfare. The Mayor and/or the City ' Manager or their designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. Section VI: Application The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Section VII: Definitions For the purposes of this Plan, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial and non -profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. I Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer: any person, company, or organization using water supplied by the City. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights -of -way and medians. I 1.35 Non - essential water use: water uses that are not essential nor required for the protection of public health, safety, and welfare, including: (a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan; (b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; (d) use ofwater to wash down buildings or structures for purposes other than immediate fire protection; (e) flushing gutters or permitting water to ran or accumulate in any gutter or street; (f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi- type pools; (g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) use of water from hydrants for construction purposes or any other purposes other than fire fighting. Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. Section VIII: Triggering Criteria for Initiation and Termination of Drought Response Stages The Mayor and City Council, the City Manager, and/or the Director of Public Works, or their designee, shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Public notification of the initiation or termination of drought response stages shall be by means of publication in a newspaper or general circulation, use of the broadcast media, direct mail to each customer, and/or signs posted in public places. The triggering criteria described below will be initiated as follows: • by Public Works Director, or designated personnel* • by City Manager and/or the Mayor and City Council ** • by Mayor and City Council * ** The City has an existing Water Conservation Plan dated October 1996. The information in that Plan ' is to be the same as presented herein and there are no conflicts intended. 1315 (a) Stage 1 - Mild Water Shortage Conditions Requirements for initiation - Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section VII - Definitions, when the following conditions exist: 1.* Water demand is approaching the safe capacity of the system on a sustained basis. Sustained water usage over 4.0 mgd for five consecutive days is a trigger condition for Mild Water Shortage. 2.* If a mild contamination is noted in the raw surface water, but the water can still be treated by the existing facilities by means such as increasing chlorine dosage; or additional sources of pollution, serious enough to threaten the quality of water at the City's intake, are reported within the Neches River basin upstream from the LNVA intakes. 3. ** Water levels in tanks are consistently below 3/4 full (five days uninterrupted). 4. ** Local power failures are imminent as a result of power station failures, storms, transmission problems, or excessive power demand in the area. 5. ** Performance of surface water pumps, booster pumps, or other equipment (including pumping equipment for the LNVA Canal) indicates imminent failure. 6. ** Water levels in Neches River and Pine Island Bayou are consistently below levels to be recommended by LNVA as representing mild condition. 7. ** Neches River flow is well below normal, and other water users along the river are threatening to deplete the supply. 8. ** The 24" transmission line from canal to water plant is in imminent danger of failure. 9. ** Levees are approaching failure conditions in portions ofthe LNVA Canal system which are vital to providing Nederland with raw water. 10. * ** Water supply emergencies in outlying communities interconnected to the City could require diversion of local water supplies. 11. * ** Severe freezing conditions are forecast, and widespread breakage of home plumbing, water treatment units, and/or breakage of distribution lines is anticipated. 12. * ** The Mid County area is under a severe storm warning and falls in the path of the storm. (b) Stage 2 - Moderate Water Shortage Conditions Requirements for initiation - Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section VII - Defmitions, when the following conditions exist: 1 1 1.* Water demand occasionally reaches firm capacity (6.0 mgd) of system (two days , within a 30 day period), and failure of any pump, chlorine feeder, or surface treatment unit could reduce the level of service to the system. 2.* Contamination of surface water is approaching limit of treatability with existing facilities. 4 1 1 1 =� 3 3. ** Over 20% of storage tank capacity is out of service due to structural failure, leakage, maintenance, or contamination. 4. ** Water level in tanks is consistently below half full (three days uninterrupted). 5. ** A surface water treatment unit has been damaged from a severe storm. 6. ** Water levels in Neches River and Pine Island Bayou are consistently below levels to be recommended by LNVA as representing moderate conditions. 7. ** Neches River flow is far below normal, and other water users along the river are close to depleting the supply. 8. ** Water emergencies in adjacent communities require diversion of so much water that the level of service to any part of the Nederland system is threatened. 9. ** The 24" transmission line from canal to water plant has failed. 10. * ** Levee failure (LNVA Canal) has shut off the supply of raw water to Nederland, and it will be several days before the supply can be resumed. 11. * ** Severe freezing conditions have resulted in widespread damage to home plumbing and/or distribution lines. 12. * ** One or more surface water pumps (canal or City pumps) have failed due to mechanical problems, but several pumps (in that group) remain operable. (c) Stage 3 - Severe Water Shortage Conditions Requirements for initiation - Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section VII - Definitions, when the following conditions exist: 1.* Water demand is exceeding firm capacity (6.0 mgd) on a regular basis (five consecutive days). 2. ** Surface water is so contaminated that it cannot be treated with existing facilities, or such contamination is imminent because of nearby canal or stream pollution. 3. ** An immediate health or safety hazard could result from actual or imminent failure of a system component. 4. * ** Water levels in elevated tanks are too low to provide adequate fire protection (generally less than 1/4 full). 5. * ** Several elevated or ground storage tanks are out of service. 6.*** Rupture of distribution lines or filter compartments in water plant has resulted in loss of water from storage tanks, and the pumps are not capable of refilling tanks quickly. 7. * ** Water levels in Neches River and Pine Island Bayou are consistently below levels to be recommended by LNVA as representing severe conditions. 8. * ** Neches River flow is severely below normal, and other water users along the river, along with LNVA, are using more water than the river can supply. 9. * ** Levee failure (LNVA Canal) has shut off the supply of raw water to Nederland, and it will be an extended length of time before the supply can be resumed. 10. * ** All or most surface water pumps in any group (canal or City pumps) have failed due to mechanical problems and will be out of service for an extended period of time. i3S 11. * ** Water emergencies in adjacent communities require so much water diversion that I service to portions of the Nederland system is severely disrupted. (d) Termination of Emergencies Trigger conditions of termination or downgrading of an emergency are not broken down by severity of crisis but are listed as one group. The City Manager, the Director of Public Works, and/or the Mayor and City Council must use judgement as to whether to upgrade, continue, downgrade, or discontinue an emergency. The decision to terminate or downgrade an emergency will normally be made at the level Mayor and City Council, City Manager, or Public Works Director at which the emergency was declared. Emergencies will be terminated or downgraded in events such as the following: 1. Water demand has been reduced to safe levels and is expected to remain stable. 2. Actual contamination of water supplies is ended or is under control; or threat of contamination has subsided; or alternate supply has been obtained on temporary or permanent basis. 3. Power has been restored and no additional power failures are anticipated. 4. Failure of system components has been averted or repaired; or, temporary units ' have been substituted; or alternate supplies have been obtained. 5. Water emergency in adjacent communities is ended or mitigated. 6. Water levels and flows in the Neches River and Pine Island Bayou have improved substantially. 7. Water levels in elevated or ground storage tanks have been restored to normal. 8. Freezing conditions have ended without damaging the water system; or damage has been repaired. 9. The storm has passed without damaging the water system; or damage has been repaired. Section IX: Drought Response Stages The City Manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section VIII of the Plan, shall determine that a mild, moderate, or severe condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation and/or through use of the broadcast media: (a) Stage 1 - Mild Water Shortage Conditions 1. Inform all customers that a low level emergency has been reached. In the case , of a slowly developing crisis, notice could be through news media. For a more imminent crisis, the news media should be used along with flyers distributed to 130 customers. Flyers should contain a date and signature along with the message to make it clear that they represent current developments. Some situations such as failure of a single piece of equipment could be handled by City personnel without notifying the public. 2. Warn customers to start reducing water use; protect pipes against freezing; and/or store water for emergency use, as appropriate. 3. Recommend a voluntary lawn watering schedule, if appropriate. 4. Look into possibility of alternate supply, including activation of interconnections if appropriate. 5. Make or arrange for repairs; if appropriate. 6. Pursue action against stream pollution, if appropriate. 7. Take steps toward increasing system capacity, if usage is nearing safe capacity. 8. Keep customers updated as appropriate through the media. (b) Stage 2 - Moderate Water Shortage Conditions 1. 2.* 3.* ' 4. 5. 6. 7.* 8. 9. 10. 11. Notify customers of intermediate level emergency by appropriate means. Impose mandatory lawn watering schedule, if appropriate (in dry weather conditions), under authority of Ordinance No. 1996 -12. Prohibit wasteful uses defined as "Water Waste" in Ordinance No. 1996 -12. In the event of contamination, notify customers so that they can seek bottled drinking water supply or be prepared to purify City water if needed. Seek reduced usage from commercial users and outside entities if appropriate. Take steps toward obtaining alternate supply (including activation of interconnections), if appropriate. Impose surcharge system, if appropriate. Make or arrange for repairs, if appropriate. Pursue action against stream pollution, if appropriate. Take measures toward increasing system capacity, if appropriate. Keep customers updated as appropriate through the media. *See Ordinance No. 1996-12 for various procedures for businesses dependent on outdoor water usage. (c) Stage 3 - Severe Water Shortage Conditions 1. Notify customers of emergency by appropriate means. 2.* Prohibit all outdoor use and all wasteful use under authority of Ordinance No. 1996 -12. 3.* Impose surcharge system, if appropriate (if not already done). ' 4.* Impose rationing, if appropriate. 5. In the case of contamination, warn customers to use bottled water for drinking and cooking (or to purify City water before use, if appropriate). 6. Require commercial users to stop using City water for processes, for cooling, or for recreation. 140 7. Place City and neighboring fire departments on alert that pumper units may be needed, if appropriate. ' 8. Make or arrange for repairs, if appropriate. 9. Pursue action against stream pollution, if appropriate 10. Act as fast as possible toward expanding system capacity, providing additional treatment, and/or obtaining alternate supply, if appropriate. 11. Keep customers updated as appropriate through the media. *See Ordinance No. 1996-12 for various procedures for businesses dependent on outdoor water usage. Section X: Water Rationing In the even that water shortage conditions threaten public health, safety, and welfare, the City Council may declare a water use emergency as noted in Ordinance No. 1996-12 and authorize water rationing as follows: All Customers Daily Amount Allowed Residential - 50 gallons School - 100 gallons (plus 5 gallons per student on days that classes are held) Commercial - 100 gallons I Recreational Facility - 300 gallons Industrial - 300 gallons Rationing shall become effective as soon as the meter serving the user can be read and the user notified either directly or through the news media. The City shall provide notice to each wholesale customer informing them of the water use emergency and the implementation of water rationing. Pro rata curtailment of water deliveries to or diversions by wholesale water customers shall be initiated as provided in Texas Water Code §11.039. Wholesale water contracts entered into or renewed after adoption of the Drought Contingency Plan, including contract extensions, shall include a provision that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code, § 11.039. Section XI: Enforcement (a) No person shall knowingly or intentionally allow the use of water from the City for residential, commercial, industrial, agricultural, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the Mayor and City Council and/or City Manager, or his/her designee, in accordance with provisions I of this Plan. 4 j. (b) Any person who violates this Plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine noted in the provisions of Ordinance No. 1996 -12. (c) Any person, including a person classified as a water customer of the City, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he /she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he /she proves that he /she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation. (d) Any employee of the City, police officer, or other person designated by the City Manager, may file charges on a person he /she reasonably believes to be in violation of Ordinance No. 1996 -12. Section MI: Variances ' The Mayor and City Council, or their designee, may, in writing, grant a temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (a) Compliance with the Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level ofreduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the Mayor and City Council, through the City Manager, within five (5) calendar days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Director of Public Works, or his/her designee, and shall include the following: (a) Name and address of the petitioner(s). (b) Purpose of water use. (c) Specific provision(s) of the Plan from which the petitioner is requesting relief. ' (d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or other if petitioner complies with this Plan. (e) Description of the relief requested. 14 (f) Period of time for which the variance is sought. ' (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (h) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the Mayor and City Council: (a) Variances granted shall include a timetable for compliance. (b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. Section XIII: Severability It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court ' of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City Council without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 10 1 0 C' 1 RESOLUTION NO. 2002-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE OFFICE OF RURAL COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT PROJECT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community, including decent housing and a suitable living environment and expending economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interest of the City of Nederland to apply for funding under the 2003/2004 Texas Community Development Program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Office of Rural Community Affairs. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $249,518.00 of grant funds to carry out Water and Sewer Improvements in the Atlanta/Chicago Area Neighborhood. 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the application and the City's participation in the Texas Community Development Program. 5. That it further be stated that the City of Nederland is committing $52,000.00 from its Local fund as a cash contribution toward the project activities of this Water and Sewer Improvements Project and $0.00 in -kind services. 6. In June 2000 the City Council following approved procurement procedures awarded Professional Engineering Services Contract to d.p. Consulting Engineers, Inc. and Administrative Services Contract to David J. Waxman, Inc for TCDP FY 200112002 and FY 200312004. PASSED AND APPROVED THIS ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED ASC TO FORM AND LEGALITY: 1 Richard D. Hughes , City of Nederland, Texas DAY OF_.a 2002, Homer Nagel, Mayor City of Nederland, Texas 1 4 „ REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. August 12, 2002 1. 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve the minutes of the Special Meeting and the Regular Meeting of July 22, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. BUDGET A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve Ordinance No. 2002 -07, an appropriation ordinance adopting a budget in accordance with Article VII in the Charter of the City of Nederland. MOTION CARRIED Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 4. TAXATION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to establish the proposed tax rate as $.66/$100 assessed valuation and set the date for Council action to be September 9, 2002. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Neal to set a Public Hearing to be conducted August 26, 2002 at 6:00 p.m. regarding the proposed tax rate. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. If Minutes continued, August 12, 2002 S. APPEARANCES Allen Lee, candidate for Jefferson County Judge, addressed Council relative to the South East Texas Entertainment Complex. He thanked the Council for the opportunity to speak before them. He believes that every citizen of Jefferson County should have been afforded the opportunity to vote for or against the Entertainment Complex. Mr. Lee stated that when the County first approved the construction of the complex he filed a lawsuit against the County to force them to put this to the voters. He added that the citizens of Nederland pay county taxes but will receive no benefits from it. He went on to say that the complex is only 40% complete and is costing millions of dollars. The first estimate to build the complex was $55 million, but is now up to $127 million. After 25 years the certificates of obligation will probably be refinanced due to the increased costs of the complex. The current interest on the bonds is $4 million per year. He feels that the County should sell the property and let the private sector operate it and then the County will be out of debt, as of now the County's deficit is $4 million. He also believes if the property is sold that each city in the county should receive a portion of the money. Mayor Nagel thanked Mr. Lee for his comments. 6. ORDINANCE ' A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Sawyer to approve Ordinance No. 2002 -08, amending the City of Nederland Zoning Ordinance by granting a Specific Use Permit in accordance with Section 27. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve Ordinance No. 2002 -09, amending the City of Nederland Code of Ordinances, authorizing the establishment of a Municipal Court Building Security Fund. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 7. WATER AND SEWER A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to accept the west annexation area water and sewer improvements (Phase I) and release all but $13,500 of retainage to Hart Construction, to reimburse the City for additional engineering /inspection costs associated with project delays. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. + +,� ,.. x ' Minutes continued, August 12, 2002 8. PERSONNEL A motion was made by Councilmember Neal and seconded by Councilmember Nugent to approve the elimination of a Maintenance Worker position in the Water Department /Sewer Collection Department. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 9. BIDS /PROPOSALS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Radcliff to approve a proposal submitted by Brammer Construction, Inc. in the amount of $13,490.00 for construction of the slab for the new animal shelter; and, for plumbing in the amount of $3,900.00 at the new animal shelter . MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to authorize the advertisement of bids for the sale of City property located at 1404 South 16th Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Neal to authorize the issuance of Request for Proposals for banking services. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to authorize the issuance of Request for Proposals for operation of the Wastewater Treatment Plant. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 10. SIGN ORDINANCE Andre' Wimer, City Manager, explained that this item was placed on the agenda to provide additional information regarding Ordinance No. 1994 -09, regulation of signs. Richard D. Hughes, City Attorney, stated that he researched the regulation of signs. He added that a political subdivision can regulate signs if they feel it is a safety hazard to the public. Mr. Hughes also stated that courts can find that poles are a typical recognized place for free speech and when cities attempt to regulate political speech you also come under strict scrutiny. He has some basic concerns about how our current ordinance is written, especially with regard to political signs. Mr. Hughes recommends that we not amend our current ordinance to further restrict the placement of signs. In particular he feels that unless we can show a hazard we should not prohibit the placement of political signs on city hall property. Minutes continued, August 12, 2002 11. PAYMENTS A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Nugent to approve payments to d.p. Consulting Engineers, Inc. as follows: $1,431.55, West Chicago curb replacement survey work; $14,166.35, Boston Avenue landscaping project; and, $12,646.90, upper Main °C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve payment to Excavators & Constructors, Inc. in the amount of $500.00, drainage improvements, Hwy. 69 crossing (Area 1), final. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve payment to Brystar Contracting, Inc. in the amount of $132,114.81, 2000 -2001 wastewater collection system improvements (Year 3). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Neal to approve payment to ALLCO, Inc. in the amount of $12,493.16, drainage improvements, Area 4. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Nugent to approve payment to Placo, Ltd. In the amount of $22,453.52, drainage improvements, Area 5. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to Schaumburg & Polk, Inc. as follows: $274.00, wastewater discharge permit; $6,969.00, 2002 -2003 collection system rehabilitation (Year 5); $6,898.66, 2001 -2002 collection system rehabilitation (Year 4); $2,332.42, 2000 -2001 collection system rehabilitation (Year 3) $5,394.24, west annexation area water and sewer improvements; and, $6,169.10, wastewater system improvements (Treatment Plant). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. i_ , Minutes continued, August 12, 2002 A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve payment to Hart Construction in the amount of $128,311.55, west annexation area water and sewer improvements (Phase 1). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve payment of the bills for the month of July. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 12. EXECUTIVE SESSION The regular meeting was recessed at 4:12 p.m. by Mayor Nagel for 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, City of Nederland v. Entergy Gulf States, Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., litigation against KSA Engineers, Inc. and ALLCO, Inc regarding Water Treatment Plant; and, consultation with City Attorney. 13. RECONVENE The regular meeting was reconvened at 4:52 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that insurance bids were received last week and preliminary costs show only about a 5 percent increase. Final bid tabulations will be available soon. A draft copy of a Storm Water Management Program was provided to the City Council. This document is currently being reviewed by staff and it is anticipated that a Mid -County Municipal League meeting will be held in the near future to discuss the Program. Councilmember Nugent asked about the property on Hill Terrace relative to the Council's directive to demolish the building located at this property. Mr. Hatch reported that the previous owner who was instructed to demolish the building has sold the property and the new owner has asked for an additional extension in order to remove the building. He would like to build duplexes. The City Attorney stated that in order to discuss this matter further it will need to be placed on the next agenda. 1 Minutes continued, August 12, 2002 15. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 5:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. ATTEST: Homer E. Nagel, Mayor & -a 0-'.- � c� LaDonna Floyd, City Clerk L ANA``$a 1 1 1.4 150 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Billy Neal Council Member -Ward 2 �r Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official a / Victoria Klehn Librarian Kelly Gallowa y Assistant to the Ci Manager Mayor City Clerk T Y_i'2,( -)Z _ Date 1 ORDINANCE NO. 2002 -07 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003, 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, 2002 and ending September 30, 2003. 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 22, 2002, after notice was published as prescribed by the Statutes of the State of Texas, 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 I - GENERAL FUND. That there be and is hereby appropriated the sum of Six million, three hundred thirty-two thousand, two hundred six dollars and no cents ($6,332,206.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, five hundred thirty-three thousand, one hundred twenty-seven dollars and no cents ($1,533,127.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of Three million, eight hundred twenty -five thousand dollars and no cents ($3,825,000.00) to the Water & ' Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment a. b. City Council Legal $ 10,000 39,300 c. Wastewater Treatment c. City Manager 322,103 e. Other Requirements d. Finance 252,545 e. Personnel 184,943 f. Civil Service 7,200 g. City Hall 45,382 h. Police 2,043,592 i. Police- Prisoner Extra Help 34,566 j. Emergency Management 6,000 k. Fire 1,112,055 1. Fire Volunteers 16,000 m. Inspections 139,452 n. Public Works Administration 186,697 o. Street Department 817,975 p. City Shop 181,444 q. Parks & Recreation 373,907 r. Library 313,077 s. Other Requirements 245,968 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, five hundred thirty-three thousand, one hundred twenty-seven dollars and no cents ($1,533,127.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of Three million, eight hundred twenty -five thousand dollars and no cents ($3,825,000.00) to the Water & ' Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment $ 952,210 b. Billing/Collections 316,034 c. Wastewater Treatment 721,999 d. Water & Sewer Distribution 844,721 e. Other Requirements 990,036 15 Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated the sum of One hundred thirty -five thousand dollars and no cents ($135,000.00) to the Water & Sewer Certificate Fund for the payment of principal and interest on outstanding City debt. ' Section 5 - SOLID WASTE FUND. That there be and is hereby appropriated the sum of Nine hundred eighty -three thousand dollars and no cents ($983,000.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 6 - EQUIPMENT REPLACEMENT FUND - GENERAL. That there be and is hereby appropriated the sum of Twenty -three thousand dollars and no cents ($23,000.00) to the Equipment Replacement Fund - General for the payment of necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is hereby appropriated the sum of One hundred fourteen thousand dollars and no cents ($114,000.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 8 - CAPITAL OUTLAY FUND. That there be and is hereby appropriated the sum of Six hundred thousand dollars and no cents ($600,000.00) 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 Twelve thousand, three hundred thirty-five dollars and no cents ($12,335.00) 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 Sixty -three thousand, two hundred thirty -one dollars and no cents ($63,231.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 11— COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of Six thousand one hundred dollars and no cents ($6,100.00) to the Court Technology Fund for the payment of operating expenses and necessary capital outlay. Section 12 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of One million, five hundred fifty -nine thousand, eight hundred nineteen dollars and no cents ($1,559,819.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 13 - HOTEUMOTEL FUND. That there be and is hereby appropriated the sum of Seventy thousand, three hundred dollars and no cents ($70,300.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 14 - 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 15 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Five thousand dollars and no cents ($5,000.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 16 - MID- COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That there be and is hereby appropriated the sum of Four hundred fifty -seven thousand, four hundred seventy -four dollars and no cents ($457,474.00) to the Mid- County Municipal League Dispatching Fund for the payment of operating expenses and necessary capital outlay. THAT the foregoing appropriations for expenditures be adopted as the budget for the ' ensuing fiscal year beginning October 1, 2002 and ending September 30, 2003. THAT the City Council shall meet and adopt an Ordinance levying on the assessed valuation of the property within the City, subj ect 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, 2002, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2002 and ending September 30, 2003, 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 Clerk 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 121° DAY OF AUGUST, A.D., 2002. ATTEST: LaDonna Floyd, City Clerk ' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Atto&ey City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 153 CITY OF NEDERLAND ORDINANCE NO. 2002 -08 ' AN ORDINANCE AMENDING THE CITY OF NEDERLAND'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT IN ACCORDANCE WITH SECTION 27, SPECIFIC USE PERMITS, FOR A MINIATURE GOLF COURSE BUSINESS ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: LOTS NUMBERED 22 AND 23, BLOCK 8, OF AIRPORT 1 ADDITION TO KENNETH TOLBERT, FURTHER DESCRIBED AS 3315 NEDERLAND AVENUE, NEDERLAND, TEXAS; PROVIDING THAT NO OTHER PORTIONS OF SAID ORDINANCE SHALL BE AFFECTED HEREBY; PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY, PROVIDING FOR REPEAL. WHEREAS, notice was given to the citizens and property owners of The City of Nederland, as required by law, notifying said citizens and property owners of a public hearing to be held jointly by the Planning and Zoning Commission and the City Council of the City of Nederland on July 22, 2002, at 6:00 p.m. to determine whether or not the City Council should grant a Specific Use Permit for a miniature golf course on the hereinafter described property; and ' WHEREAS, such notice was duly published in one issue of the Mid - County Chronicle, a newspaper of general circulation in The City of Nederland, at least fifteen (15) days before said hearing, and notice in writing was given to all owners of property or to persons rendering the same for city taxes in the city of Nederland within two hundred feet (200') of the property affected as hereinafter described; such notice being mailed not less than ten (10) days before the public hearing held on July 22, 2002; and WHEREAS, the City Council, pursuant to such publication and notice, did on July 22, 2002, hold a public hearing in the City Council chambers in the Nederland City Hall at 1400 Boston Avenue in the City of Nederland at 6:00 p.m. for the purpose of hearing protest, if any, against such proposed amendment, as well as hearing parties in interest favoring the amendment; and WHEREAS, the City Council, after a full and complete hearing, is of the opinion that said zoning ordinance should be amended as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1. PURPOSE That the City of Nederland Zoning Ordinance be amended by granting a Specific Use Permit for a miniature golf course business as authorized in Section 155 1A 27, Specific Use Permits, upon the following described property, to -wit; Lots Numbered Twenty -Two and Twenty -Three in Block Number Eight of Airport One Addition to Kenneth Tolbert, further described as 3315 Nederland Avenue, Nederland, Texas; SECTION 2. HOURS OF OPERATION. The hours of operation shall not extend past 11:00 p.m. on week nights or weekends. The City Council reserves the right to amend this section of the Specific Use Permit in order to further regulate the hours of operation if deemed necessary. SECTION 3. COMPLIANCE WITH NOISE ORDINANCE. The business shall comply with all aspects of Section 42, Article II of the City of Nederland's Code of Ordinances entitled "NOISE ". SECTION 4. FENCING. An eight foot (8') solid wood fence shall be erected along and inside of each property line which abuts any other property that is either zoned for or used as residential property. SECTION 5. OUTDOOR LIGHTING. Outdoor lighting shall be designed to be directed inward away from the property line without allowing spillage of light onto adjacent property. SECTION 6. REPEALING CONFLICT. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 7. VALIDITY OF THE ORDINANCE. If any section, paragraph, subdivision, clause, phrase or provision of the ordinance shall be adjudged invalid or shall be held unconstitutional, the same shall not affect the validity of the ordinance as a whole, or any part or provision thereof, other than the part or provision thereof, other than the part or provision thereof so decided to be invalid or unconstitutional. SECTION 8. PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of this ordinance or who shall fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and i5 upon conviction shall be fined in accordance with Sec. 1 -4. General Penalty; ' continuing violations of the Nederland Code of Ordinances and each day such violation continues or exist shall constitute a separate offense. The owner of any building or premises or part thereof, where any thing in violation or this ordinance shall be placed or shall exist and any architect, builder, contractor or agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided. SECTION 9. TERMINATION This Specific Use Permit shall remain in effect until the occurrence of any of the following: (1) any of the conditions specified in Section 27.3 of the Zoning Ordinance; (2) termination by vote of the City Council based upon an amendment, supplement or change of the Zoning Ordinance; and (3) termination by vote of the City Council based upon any violation of the rules of operation established for the Specific Use Permit. SECTION 10. EFFECTIVE DATE. This ordinance shall be effective from and after its passage and publication as required by law. PASSED AND APPROVED this /1) day of� ate;{ , 2002. Homer E. Nagel, Mayor ATTEST: a�� -Donna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richard Hug es, Cyy Attorney , ORDINANCE NO. 2002 -09 AN ORDINANCE AUTHORIZING THE ADOPTION OF A $3.00 FEE TO BE ASSESSED TO ALL PERSONS CONVICTED OF A MISDEMEANOR OFFENSE FOR THE PURPOSE OF ESTABLISHING A MUNICIPAL COURT SECURITY FUND, AND PRESCRIBING AN EFFECTIVE DATE. WHEREAS, the legislature of the State of Texas has enacted a statute enabling municipalities to establish a Municipal Court Security Fund to be administered by the City Council; and WHEREAS, proceeds of the Municipal Court Security Fund may be used only to fund the purchase of equipment and services for buildings housing a municipal court. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That a Municipal Court Security Fund is hereby established in accordance with Article 102.017 of the Texas Code of Criminal Procedure and House Bill 1177; and Section 2: The fund shall be maintained through the adoption of a $3.00 security fee to be assessed to all persons convicted of any misdemeanor offense. Section 3: This ordinance shall become effective October 1, 2002. PASSED AND APPROVED by the City Council of the City of Nederland on this the /J day of r C' 2002. Homer E. Nagel, Mayor ATTEST: �• �l'�� o, t1 rc�,� LaDonna Floyd, City Clerc APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City ttorney REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 26, 2002 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve the minutes of the August 12, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. PRESENTATION Mayor Nagel presented a watch to Bea Sticker for her 24 years of service to the City of Nederland. He thanked Ms. Sticker for all her years of dedicated service to the citizens and patrons of the library. Ms. Sticker thanked the Mayor and Council for the opportunity to work for the city and added that she has enjoyed serving the citizens during her tenure at the library. 4. PUBLIC HEARING The regular meeting was recessed at 6:05 p.m. and a Public Hearing was called to order by Mayor Nagel for the purpose of receiving questions and /or comments regarding the proposed tax rate for FY 2002 -2003. Andre' Wimer, City Manager, stated that during the budget process last month it was discussed to raise taxes by $.01, which would make the tax rate $.66/$100 valuation. He added that taxes have not been raised since 1991. There being no questions and /or comments the Public Hearing was adjourned I and the regular meeting was reconvened at 6:10 p.m. by Mayor Nagel. Minutes continued, August 26, 2002 A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to award bids received for dental insurance for FY 2002- 2003 to Humana. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 7. CONTRACTS /AGREEMENTS A motion was made by Councilmember Nugent and seconded by Councilmember Sawyer to approve an agreement with Air Liquide America Corporation, effective January 1, 2003 through December 31, 2009. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 8. WATER AND WASTEWATER James B. Smith, JBS Associates, Inc., presented the Executive Summary of the recently completed Water Distribution Audit. He stated that in the initial phase of the audit it appeared that the City was losing 46% of its raw water. However, it was finally determined that the main meter at the Water Treatment Plant was not measuring the raw water intake accurately. Mr. Smith added that the audit will show that the City has a metered ratio exceeding 70 %. They reviewed over 6,700 active metered accounts, and have identified areas of water loss that they believe are cost effective to correct. The audit suggests several items that need to be addressed in the Customer Service Billing System. Mr. Smith also suggested that the City establish an annual large meter testing program for the 29 large meters at an estimated cost of $200 /meter if it is contracted to an outside company. They also suggested that the City consider a major meter replacement program because there are over 4,000 meters listed with an installation date of 1993 or older. Mayor Nagel thanked Mr. Smith for information presented and stated that the City should seriously consider implementing some of the suggestions. Mr. Wimer added that the City will continue to review the recommendations and work toward reaching some of them. 9. CITY SERVICES A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, August 26, 2002 TAX RATE A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Nugent to place the adoption of the proposed tax rate for FY 2002 -2003 on the September 9, 2002, agenda to be held at 3:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 6. BIDS /PROPOSALS Andre' Wimer, City Manager, stated that the City received three bids for employee health insurance. After a review of the bids, Terry Hale, HBAS, Ltd., has recommended that the bid be awarded to Blue Cross /Blue Shield. The rates will increase by only 5 %. Mr. Hale reiterated that the 5% increase is excellent and is the lowest he has seen this year. He added that Blue Cross /Blue Shield provided for a three year contract, a 12 month rate guarantee, and two annual renewal subject to approval by the City. Mr. Hale also recommended that the City modify their current eligibility requirements for participation in the City's health benefit plan. The modification is necessary for the City of Nederland to be able to monitor and manage their employee health benefit program. The 77th Texas Legislature adopted SB 11, which addresses the release and use of confidential medical information. In addition, new HIPAA regulations become effective on April 14, 2003, that also addressed the release and use of confidential medical information. The Texas law and Federal regulations apply to employers, insurers and health care providers. If these releases are not signed by all covered individuals over the age of 18 employers can expect to see significantly higher premiums. A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to award bids received for medical insurance for FY 2002 -2003 to Blue Cross /Blue Shield; and, to establish eligibility requirements for all covered individuals over the age of 18 in accordance with State law. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Mr. Hale reported that bids for dental insurance were received from nine providers. Although the existing provider, Humana, was not the low bidder he is recommending that the city retain them. The low bidders were not significantly low enough to offset the administrative functions that would have to be performed by city staff in order to change plans and enrollment. Minutes continued, August 26, 2002 10. CAPITAL IMPROVEMENT PROGRAM ' A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve the Five Year Capital Improvement Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 11. PAYMENTS A motion was made by Mayor Pro Tem Radcliff and seconded by Councilmember Neal to approve payments to ALLCO, Inc. as follows: $27,390.30, Wastewater Treatment Plant improvements; and, $42,315.63, water and wastewater improvements, west annexation area, Phase II. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to JBS Associates, Inc. in the amount of $9,570.00, water system audit. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 12. EXECUTIVE SESSION The regular meeting was recessed at 6:56 p.m. by Mayor Nagel for 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, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; and, consultation with City Attorney. 13. RECONVENE The regular meeting was reconvened at 7:25 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that all laptops have been issued and we will begin using them in September. He also reported that the energy audit authorized by SB 5 will begin soon. 1'b._ Minutes continued, August 26, 2002 15. ADJOURN There being no further business, a motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to adjourn the meeting at 7:30 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. N E ap�ry "v Homer E. Nagel, Mayor, City of Nederland, Texas ATTEST: � %'LF` ,mac �ILycj LaDonna Floyd,City Clerk City of Nederland, Texas 11 1 1 1 1 6.1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Dowden Director of Finance X -Cheryl Steve Hamilton Director of Public Works X Rod Hatch Official X Victoria Klehn --Building Librarian X Kelly Galloway Assistant to the City Manager X Homer Nagel, Mayor LaDonna Floyd, City Clerk 1 Date I614 AGREEMENT ' STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF NEDERLAND § THIS AGREEMENT made and entered into by and between the CITY OF NEDERLAND, TEXAS, a municipal corporation situated and having its principal offices in Jefferson County, Texas, and operating pursuant to the authority of its home rule Charter and the Constitution and laws of the State of Texas, (hereinafter the "City"), acting herein by and through its Mayor and the members of its City Council; and AIR LIQUIDE AMERICA CORPORATION, a Delaware Corporation, duly authorized to do business in the State of Texas (hereinafter the "Company "). RECITALS WHEREAS, the Company (acting for its affiliates and subsidiaries) is the owner of the lands and properties hereinafter described in Paragraphs I and II, together with the plants, works, facilities and improvements situated thereon; and WHEREAS, the City has previously passed and adopted Ordinance No. 279 annexing to the City that portion of the Company's properties described in Paragraph I below; and WHEREAS, the remaining portion of the Company's properties, as described in Paragraph 11 below, is situated in the extraterritorial jurisdiction of the City; and WHEREAS, the City has entered into a series of agreements with the Company and its predecessor for the establishment and designation of an industrial district over portions of the Company's properties in order to define and determine what portions of the Company's , properties should be and remain within the City's corporate limits and subject to City taxation ' and what portions thereof shall remain in the extraterritorial jurisdiction of the City; and WHEREAS, the most recent such agreement, dated as of November 27, 1995, and covering the term January 1, 1996, through December 31, 2002 (the "Prior Agreement'), will soon expire and be terminated; and WHEREAS, the City and the Company wish to extend and continue the essential terms of such Prior Agreement, with certain alterations and modifications, for an additional term, as hereinafter provided; and WHEREAS, V.T.C.A. Local Government Code § 42.044 authorizes the City to designate any portion of the area located within its extraterritorial jurisdiction as an industrial district and to enter into an agreement with the owner of such property to guarantee the continuation of the extraterritorial status of such property for a period of time not to exceed fifteen (15) years; ' NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the sufficiency of which is hereby acknowledged, the City and the Company hereby contract and agree as follows: I. PROPERTY COVERED BY AGREEMENT - WITHIN CITY The City and the Company hereby acknowledge and agree, and the City hereby affirmatively finds, determines and declares, that the following described real property was heretofore annexed to the City by Ordinance and is presently situated within the corporate limits of the City, to -wit: Real property described in Exhibit "A ", which is attached hereto and incorporated herein by reference, together with any personal property and improvements situated Ithereon. 2 1 (3 5 16G II. 1 PROPERTY COVERED BY AGREEMENT - EXTRATERRITORIAL JURISDICTJON The City and the Company hereby further acknowledge and agree, and the Company hereby petitions and requests, and the City hereby finds, determines and declares, that the following described real property shall be from and after the effective date and throughout the terms of this Agreement, within the extraterritorial jurisdiction of the City, as such term is used in V.T.C.A. Local Government Code § 42.044 and that the extraterritorial jurisdiction of the City shall be expanded to comprise all of such real property, notwithstanding that such expansion of the extraterritorial jurisdiction of the City may be beyond the distance or area limitations otherwise imposed by V.T.C.A. Local Government Code § 42.021, to -wit: Real property described in Exhibit `B ", which is attached hereto and incorporated herein by reference, together with all personal property and improvements situated thereon. The property described in , Paragraph I (and Exhibit "A ") is expressly excluded from this description. 11 OBLIGATIONS OF CITY During the term of this Agreement, and for so long as same shall remain in full force and effect, the City, to the extent of its authority granted under the Constitution and laws of the State of Texas, will maintain its industrial district and will not annex or attempt to annex any portion of the properties described in Paragraph II (and Exhibit `B ") hereof and will not levy or attempt to levy or collect ad valorem, sales, use, occupancy, or other taxes on such properties; provided, however, that it is specifically agreed and understood by the parties hereto that this Agreement shall not effect the validity or effectiveness of Ordinance No, 279 of the City annexing to the ' City the territory described in Paragraph I (and Exhibit "A ") hereof, or the City's power and 3 16 11! authority to levy and collect taxes with respect to the properties described in Paragraph I (and Exhibit "A ") above, and each party hereby acknowledges and agrees that such Ordinance remains in full force and effect. The City further agrees during the term of this Agreement, that without the written consent of the Company, the City, within the limits of the City's authority granted under the Constitution and laws of the State of Texas, will not: (A) De -annex or attempt to de -annex or cause, suffer or permit the de- annexation of all or any portion of the territory described in Paragraph I (and Exhibit "A ") hereof; or (B) Cause, suffer, permit or consent to: (1) The incorporation of any city, town or village including within its boundaries or extraterritorial jurisdiction all or any portion of the territory described in Paragraph H (and Exhibit `B "); or (2) The formation or creation of a municipal utility district under the authority of Chapter 54, Texas Water Code, as amended, or ' any other political subdivision having as one of its purposes the supplying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer services within the territory described in Paragraph U (and Exhibit `B ") above; or (3) The annexation of all or any portion of the territory described in Paragraph 11 above by any other city, town or village now in existence or which may be hereafter created under the Constitution and laws of the State of Texas; or (4) The trade, exchange or apportionment of all or any portion of the territory described in Paragraph U above, such that all or any portion of such properties shall be included within the extraterritorial jurisdiction of any other governmental entity. Notwithstanding any obligation of the City as stated hereinabove, and recognizing the recent enactment of H.B. No. 365 amending Chapter 245, Acts of the 54`h Legislature, Regular Session 1955, relating to territory contained within the Jefferson County Water Control and Improvement District No. 10, and being uncertain of its application to current annexation law 4 and the City's ability to maintain an industrial district, it is expressly agreed and understood that ' the City shall not be in breach of its obligation and agreement to maintain an industrial district and not to annex or attempt to annex any portion of the property described in Paragraph H if annexation is initiated and approved by the voters pursuant to H.B. No. 365 or similar legislation. In the event that annexation should occur under such legislation and procedures during the term hereof or before the first day of October, 2009 should this Agreement not be renewed, extended or replaced as provided herein, any obligations of the Company to make payments provided in Paragraph IV (B) hereunder, including the obligations of the Company to make future payments hereunder, shall immediately cease, but any accrued obligations of the Company to make payments provided in Paragraph IV (B), including payments due and overdue for the Company hereunder, shall remain in full force and effect. IV. OBLIGATIONS OF COMPANY (A) During the term of this Agreement, the Company agrees to pay ad valorem taxes to the City on that portion of its properties described in Paragraph I (and Exhibit "A ") on an equal and uniform basis with all other taxpayers of the City, in accordance with the Constitution and laws of the State of Texas. (B) For and in consideration of the Agreement to designate the territory described in Paragraph H hereof as an industrial district, and to continue such designation thereof during the term of this Agreement, and in consideration of the terms of this Agreement, Company agrees to pay each year to City, in addition to the tax payments under Paragraph IV (A) hereof, an amount 1 to be arrived at in the following manner: I (1) Each year during this Agreement, a fair market value shall be established on all of the 5 r� Company's property, real, personal and mixed, covered by Paragraph II of this Agreement. By the term "fair market value" is meant 100% valuation of the Company's property described in and covered by Paragraph II herein. (2) The value shall be further determined as follows: (a) In the tax years 2003 through 2009, the Company will receive a 25% reduction from the fair market value of its real property, including land and improvements thereon of the Company situated in the territory described in Paragraph II hereof, so that, for purposes of this Agreement, the taxable value of the Company's properties described in Paragraph II above shall be deemed to mean 75% of the fair market value of the real property, including land and improvements thereon of the Company and its subsidiaries and affiliates ' situated in the territory described in Paragraph II hereof; (b) In the tax years 2003 through 2009, the Company will receive a 25% reduction from the fair market value of the personal property of the Company and its subsidiaries and affiliates situated in the territory described in Paragraph II hereof, including all machinery, equipment, furniture and fixtures, and similar items of personal or movable property (but excluding the items described in Paragraph (c) following), so that, for purposes of this Agreement, the taxable value of the Company's properties described in Paragraph II above shall be deemed to mean 75% of the fair market value of the personal property of the Company and its subsidiaries and affiliates situated in the territory described in Paragraph II hereof; and (c) In the tax years 2003 through 2009, the Company will receive an 80% 0 IL 70 reduction from the fair market value of its products on hand, including stocks, ' inventories of raw, partially processed or finished materials, crude oil products of all types and similar items of personal or movable property of the Company and its subsidiaries and affiliates situated in the territory described in Paragraph H hereof, whether in storage, transit, processing or otherwise, so that, for the purposes of this Agreement, the taxable value of the Company's products on hand described in Paragraph H above shall be deemed to mean 20% of the fair market value of the products on hand of the Company and its subsidiaries and affiliates situated in the territory described in Paragraph H hereof. (d) After the percentage of taxable values have been applied to the fair market value of Company's property for each year in question, those values so , determined shall be put on the City's tax roll as all property subject to ad valorem taxes for that year. After the City Council has legally determined its rate of ad valorem taxation for the year involved to be applied to all properties within the City, the value of the Company's properties as set forth in Paragraph IV (B)(1)(2), as determined, shall then be multiplied by the said City tax rate per $100,00 of valuation, which shall be the sum that is due and paid to the City (in addition to the sum due as taxes under Paragraph IV (A) hereof). (e) The City and the Company acknowledge that the intent of the parties, as expressed in the foregoing provisions, is to encourage major, new capital investment in the area of the City by excluding portions of the taxable value of 7 17 the same from the effects and operations of Paragraph IV (B) of this Agreement, and the parties agree that any determination as to the qualification for exclusion of the taxable value of such new plant facilities or improvements shall be made initially by the City Council of the City upon petition and request by the Company and presentation of all pertinent data, evidence and supporting materials of the Company at a public hearing called for such purposes by the City Council. Determination of qualifications for this exclusion shall be subject to the sole discretion of the City Council upon petition by Company and presentation of all pertinent data. (f) The City and the Company agree that throughout the term of this Agreement there shall be excluded from the fair market value of the Company's property a portion of the value of any new plant facilities or improvements constructed or acquired during the term hereof by the Company or its affiliates and subsidiaries within the territory described in Paragraph II above and which represent a new and distinct processing facility or additions to present facilities which substantially increase productive capacity, but which shall not include the reconditioning, replacement, upgrading, modernizing, refurbishing or repairing of existing facilities. In the calendar years 2003 through 2009, the Company will receive the following reductions on its new plant facilities or improvements and applied to its fair market value as follows: Year Percentage of Fair Market Value to be Reduced from New Plant Facilities ' 2003 -2007 100.00% 2008 62.50% 2009 43.75% 8 1%2) After the for the new facilities improvements for ' reduced rate plant and the year in question has been applied to the fair market value on the Company's property, that value so determined shall be put on the City's tax roll as all properties subject to ad valorem taxes for that year. After the City Council has legally determined its rate of ad valorem taxation for the year involved to be applied to all properties within the City, the value of the Company's property, as determined, shall then be multiplied by the said City tax rate per $100.00 of valuation, which shall be the sum that is due and paid to the City (in addition to the sum due under Paragraph IV(B)(2)(a) or Paragraph 1V(B)(2)(b) or Paragraph IV(B)(2)(c) and in addition to that sum as taxes under Paragraph IV(A) hereof). (g) Not withstanding any of the provisions hereinabove, it is expressly understood and agreed by the parties that any and all payments due on property described in Paragraph H as provided in Paragraph IV(B) shall be based on the fair market value of the Company's property with reductions therefrom as authorized by this Agreement. No consideration shall be given to other exemptions or deductions to reduce the fair market value to arrive at a "taxable value" as such term is used and defined in the Texas Property Tax Code as now existing or hereinafter amended ( "Code "). (3) The City and the Company agree that for all purposes of this Agreement, and unless otherwise required by subsequent changes in law, the fair market value of the properties of the Company and its subsidiaries and affiliates, both for purposes of the tax , payments to be made by the Company to the City pursuant to Paragraph IV (A) above, 9 173 ' and for purposes of the payments in addition to taxes to be made by the Company to the City pursuant to Paragraph IV (B) above, shall be made and determined by the Jefferson County Appraisal District and Appraisal Review Board in the manner and according to procedures established by the Code. In the event that the Jefferson County Appraisal District should cease to exist, the tax rolls of the Nederland Independent School District will be used. Nothing herein shall be deemed or construed to restrict or prohibit the City and/or the Company from protesting or appealing the determination of the assessed, appraised or fair market value of the properties of the Company and its subsidiaries and affiliates by the Jefferson County Appraisal District or Appraisal Review Board in conformity with the procedures set forth contained in the Code; provided, however, that any such protest or appeal, or any court action, shall not serve to alter, diminish, delay or excuse the Company's obligations to make timely payment of the amounts required hereunder. If the resulting payment(s) by the Company pursuant to this Agreement, should have been less, or that the Company should be entitled to exclude from the fair market value of such properties all or portions of the value of new plant facilities or improvements, as provided in Paragraph IV (B) hereof, then the amount of such overpayment(s) of the Company shall be credited against the next succeeding payment conning due from the Company to the City pursuant to Paragraph IV (B) hereof or, if this Agreement shall then no longer be in force and effect, such overpayment(s) shall be promptly refunded by the City to the Company. (C) If any payment due City by Company is not made on or before the due date, the ' same penalties, interest, attorney's fees and costs of collection shall be recoverable by City as would be collectible in the case of delinquent ad valorem taxes. Further, City shall have and is 10 174 hereby expressly granted a lien on the properties belonging to Company for any delinquency in , payment hereunder. (D) It is expressly agreed that the provisions of Section IV (B) Paragraph (2) shall not relieve Company from the obligation to pay any ad valorem taxes that may otherwise be due and payable on any other property belonging to Company. (E) As additional consideration for this Agreement, Company represents and agrees that during the term of this Agreement, neither the Company nor its subsidiaries and affiliates will require utility services from the City, nor shall the Company, its subsidiaries or affiliates petition the City or cause, suffer or permit the City to be petitioned for the de- annexation of all or any portion of the properties described in Paragraphs I and Il above. km TIME FOR PAYMENTS The City and the Company acknowledge that the payments to be made by the Company pursuant to Paragraph IV (A) above are tax payments and not payments in lieu of taxes, and no term, part or provision of this Agreement shall be deemed or construed to limit, alter or in any way diminish the obligations at law of the Company to make full, timely and complete payment to the City of all lawful taxes assessed and levied by the City against the properties of the Company and its subsidiaries and affiliates. The Company, within fifteen days after the receipt of the City's statement, or on January I" of each year, which ever comes later, shall pay to the Treasurer of the City, at his/her office at Nederland, Texas, the amount due said City for said year, as provided in this Agreement. Upon receipt of such tax payments from the Company, the 1 City will issue official receipts of the City for payment of ad valorem taxes due upon the ' properties of the Company and its subsidiaries and affiliates described in Paragraph I hereof for 11 175 ' the appropriate tax year, and the City will also issue, upon receipt of such payments, its acknowledgment and receipt of the payments in addition to taxes required of the Company pursuant to Paragraph IV (B) hereof. If payment is not made on or before the due date, the same penalties, interest, attorney's fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, the City shall have and is hereby expressly granted a lien on the Company property for any delinquency in payment hereunder. VI. REMEDIES In the event that the City should for any reason or in any manner during the term hereof be dissolved or cease to be duly incorporated and established, any obligations of the Company ' hereunder, including the obligations of the Company to make future payments hereunder shall immediately cease, but any accrued obligations of the Company hereunder, including payments due and overdue from the Company hereunder, shall remain in full force and effect. It is further acknowledged and agreed by the parties hereto that diligent and complete performance of the terms hereof will be required to satisfy the rights and obligations accruing to or assumed by the parties and, therefore, in addition to any action existing at law for damages which either party may have, and in addition to all rights and remedies herein described, the Company shall have the right to enjoin the enactment or enforcement of any ordinance or amendment to the City's Charter in violation of, or in conflict with, the terms of this Agreement and seek any such other equitable relief, including specific performance of this Agreement, as the Company may deem necessary and appropriate to enforce its rights hereunder. 12 17u VII. TERM OF AGREEMENT The term of this Agreement shall be for a period of seven (7) years commencing with an effective date of the 1St day of January, 2003, and ending on the 31St day of December, 2009; provided, however, that in the event that this Agreement is not renewed, extended or replaced by a similar agreement in agreeable form on or before the 1" day of October, 2009, the covenants and agreements of the City herein not to annex all or any portion of the properties described in Paragraph H above shall thereafter be terminated. No part or provision of this Agreement shall affect or prejudice the rights of the parties hereto after termination of this Agreement. \t1M J SAVINGS PROVISION ' It is distinctly understood and agreed that this is a divisible Agreement as to each year of its duration and the obligations and covenants to be performed by either party hereto during any year of this Agreement are hereby found and declared to be separate, distinct and divisible from the covenants and obligations to be performed during any of the years that this Agreement is to be in effect. Should this Agreement be finally declared or adjudicated by a court of competent jurisdiction to be invalid as to any part or provision or as to any year(s) or particular period(s) of time, such declaration or adjudication shall not affect the remaining provisions of this Agreement or the application or effectiveness thereof as to any other year(s) or other period(s) of time. IX. BINDING ON SUCCESSORS, ETC. 1 The terns and provisions hereof shall be binding upon and inure to the benefit of the 13 17 City, the Company, the affiliates and subsidiaries of the Company, and the successors and assigns of the parties hereof. The word "affiliates" as used herein, shall mean all companies with respect to which Company, directly and indirectly, through one or more intermediaries, at the time in question, owns or has the power to exercise the control over 50 %, or more, of the stock having the right to vote for the election of directors. This Agreement, consisting of 15 pages, inclusive, plus Exhibits "A" and `B ", of aforesaid, is executed in duplicated counterparts as of this the 26th day of August , 2002. THE CITY OF NEDERLAND, TEXAS Byc9�4'Ge�.�r HOMER E. NAGEL , Mayor ATTEST: LADONNA FLOYD, City Clerk APPROVED AS TO FORM AND LEGALITY: RICHARD D. HU S, ity Attorney AIR LIQUIDE AMERICA CORPORATION, CORPORATION By: ATTEST: , ;'FLLYTUFFLY •. 'r•, sram of Ibxa 'nn Expires 14 16P014 % ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. September 9, 2002 MEETING The meeting was called to order at 3:05 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve the minutes of the August 26, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 3. TAX RATE A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Sawyer to approve Ordinance No. 2002 -10, adopting a tax rate of $.66 per $100 valuation for the fiscal year beginning October 1, 2002 and ending September 30, 2003. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 4. RESOLUTION A motion was made by Councilmember Neal and seconded by Mayor Nagel to approve Resolution 2002 -09, honoring the individuals who lost their lives as a result of the terrorist attacks against the United States. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Radcliff to approve Resolution 2002 -10, supporting the Interagency Cooperative Working Agreement regarding the development of the Southeast Texas Regional Mitigation Plan. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 5. REQUEST Andre' Wimer, City Manager, asked that the item to receive comments from Unocal representatives regarding a tax abatement be postponed until further information is received. Minutes continued, September 9, 2002 6. ORDINANCE A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve Ordinance No. 2002 -11, utility regulations and rates, (increasing water rates), contingent upon adding language to reflect that the repeal of prior ordinances does not waive, excuse, or vacate any balances due for water services provided hereunder and the City may collect such balances due. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to approve a contract renewal with Tri -City Sweeping, Inc. for street sweeping services in an amount not to exceed $11,000.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 8. DEVELOPMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve the preliminary and final plats of Azlyn Place Subdivision, outside the city limits but within the City's extraterritorial jurisdiction, as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 9. APPOINTMENTS A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to appoint Paul Baker (Ward 1) and Dalton Babineaux (Mayor's appointment) to the Nederland Economic Development Corporation Board of Directors to a full term to expire September 30, 2004; and Judy Radcliff to fill the unexpired term of John Butters to expire September 30, 2003. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve the remaining NEDC Board members, Homer Nagel, Dick Nugent, Candace Blanton, and Larry Ducharme with terms expiring September 30, 2003. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. i '7 J 180 Minutes continued, September 9, 2002 10. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Radcliff to approve payment to Jefferson County Drainage District No. 7 in the amount of $4,923.92, storm water permitting. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Mayor Nagel and seconded by Councilmember Neal to approve payments to d.p. Consulting Engineers, Inc. as follows: $4,000.70, Boston Avenue landscaping project; and, $14,831.55, upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve payment of the bills for the month of August, 2002. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 11. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, gave a brief report on the 2002 Summer Recreation Program, stating that it was another successful year. He added that 584 children were participated in the activities. 13. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 3:40 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. ATTEST: LaDonna Floyd, City Clerk Homer E. Nagel, Mayor `.mum!arnnnvii OF_� LANs' 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Homer Nagel, Mayor LaDonna Floyd, City Clerk 9 -'1- o;2 Date �a 182 ORDINANCE NO. 2002-10 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2002, LEVYING AND ASSESSING TAXES FOR TBE 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 ofNederland, subject to ad valorem taxes for the tax year2002, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $618,955,070; 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 $618,955,070, shall become the tax assessment rolls of the City of Nederland for the year 2002, less all exemptions provided by either State Law or City ordinance in the amount of $58,151,482. SECTION 2: - That there is hereby levied for the current year, 2002, and there shall be collected for the use and support of the municipal government of the City of Nederland, and to provide interest and sinking funds for the fiscal year ending September 30, 2003 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of sixty -six cents ($.66) on each one hundred dollars ($100) valuation of property; said tax being so levied and apportioned to the specific purposes hereinafter set forth: (a) For the maintenance and support of the general government (General Fund), 39.1802 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 26.8198 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Fifty -four thousand, one hundred seventy-five dollars ($54,175.00) on the Certificates of 0bligation, Series 1994_9514 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Four hundred twenty thousand, six hundred fifteen dollars ($420,615.00) on the Certificates of Obligation, Series 1996, 7.3870 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred ninety -nine thousand, four hundred fifty -seven dollars and fifty cents ($199,457.50) on the Certificates of Obligation, Series 1998, 3.5029 cents on each one hundred dollars ($100) valuation of property. 1 For the purpose ofpaying interest and principal of One hundred twenty thousand, four hundred ten dollars ($120,410.00) on the Certificates of Obligation, Series 1999, ■ 2.1147 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Seventy -seven thousand, one hundred thirty dollars ($77,130.00) on the Certificates of Obligation, Series 2000, 1.3546 cents on each one hundred dollars ($100) valuation of property. ' For the purpose of paying interest and principal of Six hundred fifty -five thousand, three hundred thirty-eight dollars and seventy-six cents ($655,338.76) on the Certificates of Obligation, Series 2002, 11.5092 cents on each one hundred dollars ($100) valuation ofproperty. SECTION 3: - The Jefferson County Tax Assessor - Collector (who, pursuant to contract, is the Tax Assessor - Collector for the City of Nederland) is hereby directed to prepare Tax Statements and proceed with the collections of the 2002 taxable year, and the amounts collected shall be deposited in the Depository of the City of Nederland, to be distributed in accordance with this Ordinance. SECTION 4: - That if any provision, section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall for any reason be held to be unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance; and to this end all provisions of this ordinance are declared to be severable. PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 9"' DAY OF SEPTEMBER, A.D., 2002. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: chard D. Hughes, Cit Attorney City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas lOJ CITY OF NEDERLAND RESOLUTION 2002 -09 WHEREAS, on September 11, 2001, terrorists hijacked four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, and a third into the Pentagon outside Washington, D.C.; and, WHEREAS, the fourth hijacked aircraft crashed in southwestern Pennsylvania after passengers tried to take control of the aircraft in order to prevent the hijackers from crashing the aircraft into an important symbol of democracy and freedom; and, WHERAS, these attacks were by far the deadliest terrorist attacks ever launched against the United States, killing thousands of innocent people; and, WHEREAS, in the aftermath of the attacks the people of the United States stood united in providing support those in need: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, in recognition of September 11, 2001, call upon all fellow citizens to observe a moment of silence on Patriot Day in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States. PASSED AND APPROVED THIS 91h DAY OF SEPTEMBER 2002. Homer E. Nagel, Mayor ATTEST: J LaDonna Floyd, City ClerIA APPROVED AS TO FORM AND LEGALITY: Richard D. ughes, CJty Attorney , CITY OF NEDERLAND RESOLUTION NO. 2002 -10 A RESOLUTION SUPPORTING THE "INTERAGENCY COOPERATIVE WORKING AGREEMENT" REGARDING THE DEVELOPMENT OF THE SOUTHEAST TEXAS REGIONAL MITIGATION PLAN. WHEREAS, the Mayor and City Council of Nederland, Texas recognize the potential for regional disasters, both of nature and of man, in the geographical location of Southeast Texas; and WHEREAS, because of this potential, the Mayor and City Council of Nederland, Texas recognize the need for cooperative efforts between all areas within the region in the formulation and implementation of a Southeast Texas Regional Mitigation Plan; and WHEREAS, the South East Texas Regional Planning Commission is in the process of entering into the "Interagency Cooperative Working Agreement" with the Hardin County Office of Emergency Management, the Jefferson County Office of Emergency Management and the Orange County Office of Emergency Management, with the purpose of accomplishing the following: • establishment of a protocol for disaster mitigation among the Offices of Emergency Management in the Southeast Texas region; • creation of a comprehensive Regional Disaster Mitigation Plan which enhances safety for the 385,090 residents in Hardin, Jefferson, and Orange Counties; • to obtain the Federal Emergency Management Agency's (FEMA's) approval of the plan, thereby ensuring in the event of a manmade or natural disaster that residents will have access to FEMA assistance. NOW, THEREFORE, BE IT RESOLVED that the City of Nederland does hereby support the development of the Southeast Texas Mitigation Plan through the "Interagency Cooperative Working Agreement," and pledge to assist however and whenever possible toward the success this project. PASSED AND APPROVED THIS 9" DAY OF SEPTEMBER 2002. omer E. Nagel, Mayor v ATTEST: C�Cc l'r.Yx�, r`,61 LaDonna Floyd, City Sec etary Z APP OVED: Richard Hughe , City Attorney 8 t� CITY OF NEDERLAND ORDINANCE NO. 2002-12 AN ORDINANCE ESTABLISHING WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMO VAL, 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. 2001-03. 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 1 Repeal of Previous Ordinances and Regulations. 1 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, provided, however, the repeal of prior ordinances does not waive, excuse, or vacate any balances due for ' water services provided hereunder and the City may collect such balances due. 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 of Nederland, 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. Application 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 for payment; c) the driver's license number; d) the applicant's employer; e) the applicant's work telephone number; f) 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. 1 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 (I) 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/Tans. 1. 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: SECTION 6. Sewer Connection/Taps. 1. 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. i8 Inside Outside City City 3/4" Water Tap $ 240.00 $ 360.00 1" Water Tap 300.00 450.00 1 %" 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/Taps. 1. 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. i8 183 4. The sewer connection fees are as follows: Inside 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 4.00 SECTION 7. Water Meter and Garbage Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be per 1,000 gallons (above minimum) required to pay a deposit to the City in accordance with the following schedule: .25 Inside Outside City City 3/4" and smaller Water Meter $ 100.00 $ 100.00 1" Water Meter 150.00 150.00 1%" Water Meter 200.00 200.00 13/4" Water Meter 250.00 250.00 2" and larger Water Meter 300.00 300.00 2. In order to be provided with an additional garbage container, which shall be limited to one (1) additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. ' SECTION 8. Application of Deposit. 1. Upon the termination ofwater service, at the request of the customer, the depositor any portion ofthe 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. 1. Any applicant requesting water service from the City who has previously had City water service and has, at the time of application, 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* 2.25 4.00 Water Line Maintenance - per 1,000 gallons (above minimum) .25 .25 *Except as required by provisions of outside City contracts i$3 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* 1.40 2.45 Sewer Line Maintenance per 1,000 gallons (above minimum) .25 .25 EPA Fee per 1,000 gallons (above minimum) .75 .75 *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) $ 13.05+ sales tax* Additional Container 5.00 + sales tax* *Sales tax shall be in an amount required by law SECTION 13. Billing and Penalty. 1: 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 I 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 proof oftheir 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 mailed 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. SECTION 15. Re- connection Charges. 1. 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 am. to 5:00 p.m., Monday through Friday). The re- connection fee shall be $45.00 if reinstatement of utility service is requested after working hours. 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. The current and final balance, if any, on the account transferred plus $15.00 will be added to the customers new account. SECTION 17. Returned Check Fees. 1. 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 ofthe customer, re -run the check. If the 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. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed fifteen (15) calendar days. Customer shall be billed for actual usage. 3. Should the account become delinquent, the customer shall not be allowed to begin any new service until all delinquent monies are paid. SECTION 19. Failure to Receive a Bill. 1. 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. 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 delinquent accounts. SECTION 20. Deferred Payments. 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 of future payments; and c) signature ofthe 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 fill 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, including base rate, maintenance fee and EPA fee. An adjustment will be made based upon an average of six (6) monthly bills during the previous six (6) month period. 3. In the event that water usage during the billing period exceeded 50,000 gallons, the cost of water shall be adjusted by one -third (1/3) of the excess water usage based upon an average of six (6) monthly bills during the previous six (6) 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. 1. 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. 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. 1. 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 1, 2002 1 PASSED AND APPROVED by the City Council of the City ofNederland, Texas at a regular meeting this the 9' day of September 2002. Ho/ Mayor �2� City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 Y J l 6:00 p.m. 1. MEETING REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 23, 2002 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve the minutes of the September 9, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 3. CONTRACTS /AGREEMETNS i A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Nugent to approve a contract with Jefferson County for housing of inmates. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 4. BUDGET A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve amendments to the FY 01 -02 budget (see attached). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve Ordinance No. 2002 -13, amending the 2001 -2002 budget. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Ordinance No. 2002 -14, declaring certain utility accounts as uncollectible. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 19 4 Minutes continued, September 23, 2002 BIDS /PROPOSALS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to reject all bids received for City property located at 1404 South 16th Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Nugent to authorize the purchase of a police car from the HGAC in the amount of $21,700.16. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. STREETS AND SIDEWALKS A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to authorize the closure of 14th Street, from Boston Avenue to Chicago Avenue, on October 8, 2002, from 5:30 — 9:30 p.m., for Fire Prevention Week activities. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. NEDERLAND POLICE OFFICERS' ASSOCIATION , A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve a one -year contract between the City of Nederland and the Nederland Police Officers' Association. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 8. CHANGE ORDERS A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve Change Order No. 2 with PLACO, LTD. for work associated with the drainage improvements in Area 5, in the amount of +$9,500.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councifinember Nugent and seconded by Mayor Pro Tern Radcliff to approve Change Order No. 3 and Final with PLACO, LTD. for work associated with the drainage improvements in Area 5 in the amount of - $9,841.63. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, September 23, 2002 9. DRAINAGE IMPROVEMENTS ' A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to accept the drainage improvements in Area 5. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 10. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Nugent to approve payment to Neches Engineers in the amount of $1,506.84, Water Treatment Plant roof design. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Sawyer to approve payments to Schaumburg & Polk, Inc. as follows: $9,341.00, 2002- 2003 collection system rehabilitation (Year 5); $3,821.76, 2000 -2001 collection system rehabilitation (Year 3); $7,633.76, west annexation area water and sewer improvements; and, $3,919.46, wastewater system improvements (treatment plant). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to PLACO, LTD. in the amount of $27,003.22, drainage improvements in Area 5. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 11. CITIZEN COMMENTS Paul Hempel, 1315 South 36`h Street, addressed the Council relative to potential drainage problems with the construction of a school being proposed by Triumph Church. Steve Hamilton, Director of Public Works, stated that he has talked to the engineers and informed them that they will be required to address drainage problems. Joseph Neuman, 403 — 36th Street, gave a brief review of the South East Texas Regional Planning Commission Area Agency on Aging meeting of June 12th. 12. PRESENTATION Students from the Nederland High School Performing Arts presented a short skit from their upcoming play, All in the Timing. They invited everyone to attend their performance September 26th or 28 th . 195 1. J J Minutes continued, September 23, 2002 13. EXECUTIVE SESSION The regular meeting was recessed at 6:40 p.m. by Mayor Nagel for 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, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; Greg Sterling v. City of Nederland and Nederland Fire Fighter Civil Service Commission; and, consultation with City Attorney. 14. RECONVENE The regular meeting was reconvened at 7:12 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that staff has been busy with hurricane preparedness and will keep the Council advised of potential problems. 16. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 7:13 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. .a\U\IPCt! I f,1717ry �� Homer E. Nagel, Mayor • City of Nederland, Texas T ST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 19 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Dowden Director of Finance X -Cheryl Steve Hamilton Director of Public Works X Rod Hatch Official X --Building Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Homer Nagel, Mayor LaDonna Floyd, City irk 9 -23 -02 Date CITY OF NEDERLAND ' OFFICE OF ASSISTANT TO THE CITY MANAGER BUDGET AMENDMENT REQUEST Fund: General Department: Personnel (01 -16) Increase the following account(s): Amount 01 -16 -00 -6743 (Capital Outlay/Furniture, Fixtures, Office Equipment) $800.00 Decrease the following account(s): Amount 01 -16 -00 -6347 (Contractual Services/Unemployment Reimbursement) $800.00 Justification for amendment with course of action if amendment is not approved: The printer assigned to Assistant to City Manager has been performing poorly for the past one to ' two years and ultimately stopped functioning on May 10, 2002. The printer was purchased November 18, 1996 and probably exceeded its service life. A new printer was purchased on May 13, 2002. Department Head Requesting Amendment: Approved by: As o the City 'Manager Date City Manager Date Funds Available: Approved by Council: 1 . �-- 'a 1 City T easurer Date Date BUDGET AMENDMENT REQUEST Ind General Department Fire — Rescue Increase the following account(s): Amount 01 -22 -00 -6743 - Furniture, Fixtures, & Office Equipment $1,250.00 Decrease the following account(s): Amount 01 -22 -00 -6341 - Insurance General $1,250.00 Justification for amendment with course of action if amendment is not approved: KeDlacement of Assistant Chief's computer. Deparment Head Requesting amendment Approved: Date City Manager Date iunds Available: Approved by Council: City Tr asurer Date Date '4�l) 2001 -2002 BUDGET AMENDMENT REQUEST No. 1 ' Fund : General Department: 0131 -00 Street Department Increase the following account(s): Amount 0131 -00 6111 Overtime $10,000.00 0131-00 6128 Workers Compensation $1,500.00 0131-00 6220 Miscellaneous Supplies $25.00 0131-00 6355 Vehicle & Equipment R & M $3,000.00 Sub — total 6341 Insurance General $14,525.00 Decrease the following account(s) Amount 0131 -00 6222 Motor Vehicle Fuel $1,500.00- 01 31 -00 6240 Signs, Signals & Markers $3,000.00- 01 31 -00 6246 Street & Bridge Supplies $925.00- 01 31 -00 6248 Storm Sewers $1,000.00' 01 31 -00 6341 Insurance General $1,350.00- 01 31 -00 6343 Insurance Motor Equipment $1,750.00 01 31 -00 6357 Street Striping $5,000.00- Sub — total $14,525.00 ' Justification for amendment with course of action if not approved: Most line items are for adjustment to actual expenditures. Department Head Requesting Amendment: Approved: Date City Manager Date Funds Available: Approved by Council: City Treasurer Date c� � De 1 n r_ i 2001 -2002 BUDGET AMENDMENT REQUEST No. 1 Fund : General Department: 01 32 -00 City Shop Increase the following account(s): 0132 -00 6111 Overtime 01 32 -00 6128 Workers Compensation Sub — total Decrease the following account(s) 01 32 -00 6212 Books & Publications 01 32 -00 6231 Wearing Apparel 01 32 -00 6333 Training & Travel 01 32 -00 6341 Insurance General 01 32 -00 6343 Insurance Motor Equipment 01 32 -00 6366 Rental Equipment 01 32 -00 6744 Miscellaneous Equipment Sub — total Justification for amendment with course of action if not approved: Most line items are for adjustment to actual expenditures. Amount $2,300.00 $155.00 $2,455.00 Amount $150.00 $150.00 $900.00 $196.00 $211.00 $100.00 $748.00 $2,455.00 201 Department Head Requesting Amendment: Approved: e z fne�0-1 Date City Manager Date Funds Available: Approved by Council: 9-_ tea City Tr surer Date V Date 2001 -2002 BUDGET AMENDMENT REQUEST No. 1 Fund : Water & Sewer Department: 50 60 -00 Water Treatment Increase the following account(s): Amount 5060-00 6128 Workers Compensation $450.00 5060-00 6324 Laboratory Testing $4,500.00 5060-00 6341 Insurance General $223.00 5060-00 6351 Fixed Plant & Equipment R & M $2,500.00 5060-00 6355 Vehicle & Equipment R & M $1,000.00 Sub — total Most line items are for adjustment to actual expenditures. $8,673.00 Decrease the following account(s) Amount 5060-00 6337 Advertising/ Publication $2,000.00 5060-00 6343 Insurance Motor Equipment $183.00 5060-00 6348 Electricity $5,490.00- 5060-00 6366 Rental Equipment $1,000.00, Sub — total $8,673.00 Justification for amendment with course of action if not approved: Most line items are for adjustment to actual expenditures. Department Head Requesting Amendment: Date Funds Available: City Tr surer Date Approved: City Manager V IDate Approved by Council: Date n f7 r� Fund 2001 -2002 BUDGET AMENDMENT REQUEST No. 1 Water & Sewer Department: 50 63 -00 W & S Distribution Increase the following account(s): 5063-00 6111 Overtime 5063-00 6116 Certification Pay 5063 -00 6128 Workmans Compensation 5063-00 6222 Motor Vehicle Fuel 5063-00 6355 Vehicle & Equipment R & M Sub — total Decrease the following account(s) 5063-00 6393 Contractual Services Sub — total Justification for amendment with course of action if not approved: Most line items are for adjustment to actual expenditures. Department Head Requesting Amendment: Date Funds Available: City Tr asurer Date Amount $35,000.00 $500.00 $700.00 $2,300.00 $4,000.00 $42,500.00 Amount $42,500.00 $42,500.00 Approved: City Manager Date Approved by Council: -0Q Date 404 2001 -2002 BUDGET AMENDMENT REQUEST No. 1 Fund : Water & Sewer Department: 50 62 -00 Wastewater Treatment Increase the following account(s): Amount 5062-0.0 6128 Worker's Compensation $200.00 5062-00 6220 Miscellaneous Supplies $300.00 5062-00 6323 Health Inspection. Fees $300.00 Sub — total $800.00 Decrease the following account(s) Amount 5062-00 6341 Insurance General $800.00 Sub — total $800.00 Justification for amendment with course of action if not approved: Most line items are for adjustment to actual expenditures. Department Head Requesting Amendment: Funds Available: 6 City T asurer Date Approved: City Manager r Date Approved by Council: Date 0 L Justification for amendment with course of action if not approved: Most line items are for adjustment to actual expenditures. Department Head Requesting Amendment: Date Funds Available: 14�0�- 9 -18 az, City Tre surer Date Approved: L !Z /O.z City Manager Date Approved by Council: Date 2001 -2002 BUDGET AMENDMENT REQUEST No. 1 Fund : Solid Waste Department: 52 33 -00 Solid Waste Increase the following account(s): Amount 5233--00 6258 Motor Vehicle Supplies $10,000.00 5233-00 6355 Vehicle & Equipment R & M $9,669.00 Sub — total $19,669.00 Decrease the following account(s) Amount 5233-00 6222 Motor Vehicle Fuel $5,000.00 52 33 -00 6341 Insurance General $1,054.00 5233-00 6343 Insurance Motor Equipment $3,615.00 5233-00 6742 Motor Vehicles $10,000.00 Sub — total $19,669.00 Justification for amendment with course of action if not approved: Most line items are for adjustment to actual expenditures. Department Head Requesting Amendment: Date Funds Available: 14�0�- 9 -18 az, City Tre surer Date Approved: L !Z /O.z City Manager Date Approved by Council: Date 2106 ORDINANCE NO. 2002-13 ' AN ORDINANCE AMENDING TAE 2001 -02 BUDGET IN ACCORDANCE WITH TEE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2001 -11 which adopted the 2001 -02 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 'V' attached hereto; and, WHEREAS, the 2001 -02 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2001, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2001 and ending September 30, 2002, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council." WHEREAS, it has been determined that such funds are available and can be used for the expenditures as are set out in Attachment "A" attached hereto; and, WHEREAS, the City Council finds that the budget for 2001 -02 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 2001 -11 adopting the budget for 2001-02; and, ' WHEREAS, the City Council finds that the budget for 2001 -02 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 2001 -02 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 Clerk 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. TEAT, 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 23'd DAY OF SEPTEMBER, A.D., 2002. O 1/ Homer Nagel, Mayor c City of Nederland, Texas , IATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorn City of Nederland, Texas u 1 r BUDGET ORDINANCE AMENDMENT - ATTACHMENT A ' LIBRARY SPECIAL FUND Amend Library Special Fund by appropriating unencumbered funds remaining at 9 -30 -01 in the amount of $38,404.00 and increase line items as detailed below. Increase 21 -55 -00 -6265 Minor Tools $5,500.00 Increase 21 -55 -00 -6408 Books & Materials -HALS $1,804.00 Increase 21 -55 -00 -6338 Printing, Binding $3,600.00 Increase 21 -55 -01 -6212 Books, Publications $18,000.00 Increase 21 -55 -01 -6350 Building Structural Improvements $3,000.00 Increase 21 -55 -01 -6355 Vehicle & Equipment Repair & Maintenance $1,500.00 Increase 21 -55 -01 -6265 Minor Tools $5,000.00 Adjustments for various projects funded by grants from the Hebert Foundation, additional foundation grants and other miscellaneous funds. GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at 9 -30 -01 in the amount of $12,000.00 and increase line items as detailed below. Increase 01 -24 -00 -6393 Contractual Services $12,000.00 Additional funds required due to demolition of several abandoned and dilapidated structures. WATER & SEWER FUND Amend Water & Sewer Fund by appropriating unencumbered funds remaining at 9 -30 -01 in the amount of$16,500.00 and increase line item as detailed below. ' Increase 50 -60 -00 -6740 Plant Equipment $16,500.00 Additional funds required due to new computer and programming to run additional turbidimeters as required by TNRCC. SOLID WASTE FUND Amend Solid Waste Fund by appropriating unencumbered funds remaining at 9 -30 -01 in the amount of $92,000.00 and increase line items as detailed below. Increase 52 -33 -00 -6111 Overtime $21,000.00 Increase 52 -33 -00 -6121 Group Insurance $1,000.00 Increase 52 -33 -00 -6124 TMRS $1,500.00 Increase 52 -33 -00 -6128 Workers Compensation $500.00 Increase 52 -33 -00 -6390 Waste Disposal $53,000.00 Increase 52 -33 -00 -6397 Green Waste Disposal $15,000.00 Additional Overtime was required due to long term absence of employee. Waste disposal costs were higher than expected Green Waste costs are higher due to contractual obligations of prior contractor. 1 IBUDGET ORDINANCE AMENDMENT — ATTAC IN(ENT B 1 1 CAPITAL OUTLAY FUND Amend as follows: Increase 31 -00 -00 -4700 Miscellaneous Income $7,270.00 Increase 31 -00 -00 -6744 Miscellaneous Equipment $7,270.00 Receipt of contributions from Unocal and Sunoco for purchase of Fire Department's breathing air trailer. 20 210 ORDINANCE NO. 2002 -14 , AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $25,350.07 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9 -30 -02 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 I. 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 2001 -02 in the amount of $25,350.07 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 -32 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 23rd day of September, A.D., 2002. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDorma Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attom City of Nederland, Texas 1 1 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2001 -2002 02- 0010 -06 $21.34 02- 0050 -02 8.95 02- 0070 -04 309.14 02- 1070 -05 361.66 02- 1260 -02 681.29 02- 1830 -01 21.68 02- 2030 -01 502.42 02- 2150 -05 4.64 02- 2200 -05 93.91 02- 2520 -05 16.90 03- 0490 -02 15.60 03- 0650 -06 58.00 03 -0650 -07 53.61 03- 0680 -01 24.03 03- 1420 -05 132.63 03- 1990 -05 412.24 03- 2110 -03 75.44 03- 2860 -02 872.68 03- 2870 -02 1,356.47 04 -0065 -00 82.58 04- 0930 -00 45.47 04- 1240 -00 71.67 04- 1250 -04 162.65 04- 1250 -06 88.18 04- 1610 -03 691.77 04- 1610 -04 156.47 04- 1700 -06 48.62 04- 1850 -01 533.40 04- 2040 -00 3.33 04- 4030 -06 43.13 04- 4690 -00 231.59 05- 0030 -00 71.13 05- 0400 -03 33.77 05 -0460 -01 97.22 05- 1510 -01 253.90 05- 1870 -02 42.77 05- 1920 -02 2.43 05- 2060 -03 229.48 05- 3190 -00 38.45 05- 3360 -05 367.90 05- 3530 -04 120.77 05- 3530 -05 56.04 05- 4090 -04 2.15 05 -0105 -00 16.21 06- 0620 -00 127.52 06- 0870 -01 216.24 06- 1100 -07 47.61 06- 1290 -06 140.34 06- 1500 -05 73.99 06- 1540 -02 377.15 06- 1760 -01 58.89 06- 1890 -05 202.57 06- 2300 -05 153.67 06- 3110 -05 41.79 06- 3110 -06 20.06 07 -0180 -00 7.73 07 -0290 -03 6.80 07- 0470 -03 66.86 07 -0520 -03 376.62 07 -0950 -05 66.61 07- 1040 -04 87.16 07- 1950 -03 86.30 07- 2140 -00 456.93 07- 2230 -00 17.73 08-0420 -01 138.08 G�1 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2001 -2002 ' 08- 0540 -01 57.02 08- 1240 -06 51.86 08- 1920 -01 76.08 08- 2150 -01 135.55 08- 2580 -01 4.96 OB- 2720 -00 28.98 09 -0070 -01 799.16 09 -0110 -04 26.88 09- 0140 -03 2.87 09 -0150 -01 67.72 09- 0330-00 95.46 09- 0560 -01 14.20 09- 0570 -01 84.73 09- 2690 -01 49.02 09- 2750 -00 197.B1 10- 0210 -01 339.29 10 -0350 -01 59.87 10 -0692 -00 70.83 10- 1040 -03 190.11 10- 1070 -04 20.11 10- 1130 -04 87.60 10- 2330 -03 15.49 10- 2340 -01 55.38 11- 1840 -03 22.55 11- 2810 -02 51.27 11- 3150 -00 78.96 11- 3155 -01 90.08 11- 3170 -04 110.26 11- 3212 -01 425.95 12- 0070 -00 7.73 12- 0410 -07 88.09 12- 0470 -05 107.58 12- 0530 -01 10.93 12- 0530 -02 34.52 12 -0550 -00 1.43 12- 0640 -07 366.29 12 -0890 -02 24.13 12- 1145 -04 162.12 12- 1230 -02 87.45 12- 1410 -02 22.45 12- 1520 -09 41.67 13- 0210 -01 77.32 13- 0290 -05 231.56 13- 0410 -08 86.49 13- 0910 -02 37.90 13- 1380 -03 15.31 13- 1440 -05 43.55 13- 1440 -06 71.49 13- 1770 -02 142.27 13- 1950 -02 121.72 13- 2070 -05 59.60 13- 2110 -04 87.26 14- 0105 -00 19.45 14- 1580 -04 206.44 15- 1070 -04 21.00 15- 2550 -03 272.96 16-0020 -01 77.17 16 -0030 -00 149.51 16- 0030 -01 396.08 16- 0100 -01 10.14 16- 0110 -04 120.40 16 -0850 -04 13.65 16- 1270 -03 119.58 16- 1370 -02 312.15 16- 1850 -00 165.34 1 E 1 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2001 -2002 16- 2740 -02 24.93 16- 2770 -00 59.81 17 -0130 -13 2.19 17- 0860 -01 51.92 17 -0905 -01 75.95 17- 1020 -05 315.78 17- 1050 -01 2.81 17- 1390 -00 61.09 17- 1420 -05 41.42 17- 1650 -04 65.56 17- 2060 -03 154.03 18 -0340 -00 278.00 18- 0560 -00 17.39 18 -0650 -00 125.75 18- 1320 -01 133.27 18- 1320 -02 203.28 18- 1480 -00 44.89 18- 2000 -00 109.32 18- 2000 -05 65.77 18- 2000 -06 24.86 18- 2320 -00 25.03 18- 2360 -07 210.26 19- 1490 -01 404.55 19- 2180 -04 73.62 19- 2530 -00 33.27 20- 1460 -02 120.14 20- 1460 -03 9.54 20- 1460 -04 209.39 20- 1530 -01 260.50 21 -0080 -00 70.63 21- 0740 -00 66.42 21- 1180 -04 293.36 21- 1800 -00 348.32 21- 2320 -02 186.32 21- 2510 -00 122.20 21- 3110 -02 59.06 22- 0500 -03 5.81 22 -0970 -00 459.12 22- 2370 -00 7.19 23- 0470 -00 215.69 23- 0930 -00 439.16 23- 0930 -01 61.02 23- 0990 -01 20.86 23- 1329 -00 300.45 24- 0250 -02 334.00 24- 0407 -01 43.66 24-0640 -03 4.12 24- 0653 -00 127.08 24 -0653 -02 346.98 24- 0653 -03 47.91 24 -0725 -01 77.45 24- 0776 -02 66.33 24- 0810 -00 33.45 $25,350.07 x,13 REGULAR MEETING OF THE CITY COUNCIL OF THE .�4 CITY OF NEDERLAND 3:00 p.m. October 14, 2002 1. 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve the minutes of the September 23, 2002, meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. PRESENTATION Mayor Nagel presented a watch to Jerry Windham who is retiring after 35 years of service to the City of Nederland. Mayor Nagel, on behalf of the Council and citizens, congratulated Mr. Windham on his retirement and thanked him for all the years of dedicated service. Mr. Windham thanked the Mayor and Council for the opportunity that was given to him to work for the City. He especially wished to thank those who helped him in the early years — former City Manager Bob Henson, former Water Superintendent A. A. Salter, and former Fire Chief Johnny Cormier. He also thanked the current staff. 4. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve a contract between the City of Nederland and the Nederland Professional Fire Fighters Association, contingent upon approval by the Association. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 5. CHANGE ORDER A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve Change Order No. 3 with Brystar Contracting for the 2000 -2001 wastewater collection system rehabilitation in an amount not to exceed +$10,160.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 1 Minutes continued, October 14, 2002 6. PAYMENTS L I A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to approve payment to d.p. Consulting Engineers, Inc. in the amount of $13,851.87, upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve payments to ALLCO, Inc. as follows: $91,752.72, west annexation water and sewer improvements; and, $217,472.40, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment of the bills for the month of September. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 7. EXECUTIVE SESSION The regular meeting was recessed at 3:25 p.m. by Mayor Nagel for 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, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; Greg Sterling v. City of Nederland and Nederland Fire Fighter Civil Service Commission; and, consultation with City Attorney. 8. RECONVENE The regular meeting was reconvened at 4:00 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 9. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that City staff is currently reviewing the stormwater discharge permit. He also reported that a meeting is scheduled to discuss the Boston Avenue project and the contract should be let in February with construction to begin shortly after the Nederland Heritage Festival. Mr. Wimer added that the traffic signal has been installed on Nederland Avenue at 27th Street. Mayor Pro Tern Radcliff reported that a resident called her about the possibility of designating No Parking near the intersection of Hill Terrace and Avenue N. Mr. Wimer informed her that the resident will need to contact Chief Bush regarding this matter. X15 Minutes continued, October 14, 202 Councilmember Neal asked for a workshop or discussion item to discuss the emergency management policies that came to light during the recent hurricane preparedness. He feels some of the issues need to be discussed. 10. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to adjourn the meeting at 4:25 p.m. NLC�'�raq� S a ATTEST: ',may "��iraFR LA rrrirurunuunmuua�a LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 0 L 1 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X- Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Homer Nagel, Mayor 410�� Ca� LaDonna Floyd, City Clerk 10 -14 -02 Date 217 41� REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 6:00 P.M. October 28, 2002 CALL MEETING TO ORDER 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve the minutes of the October 14, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 3. RESOLUTION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Resolution 2002 -11, the 2002 tax roll as certified by the Jefferson County Tax Office. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 4. FINANCE A motion was made by Mayor Nagel and seconded by Councilmember Neal to accept the Quarterly Investment Report and the Annual Investment Report as presented by Cheryl Dowden, Director of Finance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 5. ORGANIZATIONS A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to approve membership dues to the South East Texas Regional Planning Commission, less the homeland security fee. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 419 Minutes continued, October 28, 2002 6. CHANGE ORDER A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve Change Order No. 1 and final with ALLCO, Inc. drainage improvements in Area 4, in the amount of - $15,398.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. DRAINAGE IMPROVEMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to accept improvements in Drainage Area 4. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 8. BIDS /PURCHASES A motion was made by Mayor Pro Tem Radcliff and seconded by Councilmember Neal to approve the purchase of a % ton pickup from HGAC for the Water and Sewer Department in the amount of $20,085.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. A motion was made by Councilmember Neal and seconded by Mayor Nagel to approve the purchase of a 1 ton utility truck from HGAC for the Water and Sewer Department in the amount of $28,741.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 9. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $7,840.00, 2002 -2003 collection system rehabilitation (Year 5); $370.00, 2001 -2002 collection system rehabilitation (Year 4); $2,205.86, 2000 -2001 collection system rehabilitation (Year 3); $3,737.88, wastewater system improvements (Treatment Plant); $2,304.70, west annexation area water and sewer improvements; and, $440.00, Wastewater Treatment Plant discharge permit. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Radcliff to approve payments to ALLCO, Inc. as follows: $62,236.44, Wastewater Treatment Plant improvements; $58,344.64; and, $58,344.64, drainage improvements, Area 4. MOTION CARRIED, Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 4 2 A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to approve payment to Brystar Contracting, Inc. in the amount of $91,774.27, 2000 -2001 wastewater collection system improvements (Year 3). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 1 10. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the cities of Nederland, Port Neches, and Groves conducted a joint training seminar for the Planning and Zoning Commissions and Trailer Park Board of Appeals on Saturday, October 26th. The seminar was presented by Dr. David Pugh of Texas A & M University and appeared to be very informative for the boards. Mayor Nagel reported that it was evident during the recent heavy rains that the drainage improvements done by the City and Drainage District No. 7 proved to be beneficial in alleviating the potential for flooding. 12. ADJOURN ' There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 6:25 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Neal, Radcliff, and Nugent. Noes: None. Absent: Councilmember Sawyer. Homer E. Nagel, Mayor �- City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas U 9 1 42 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Homer Nagel, Mayor C&A� �-ca d LaDonna Floyd, City Clerk 10 -28 -02 Date CITY OF NEDERLAND RESOLUTION NO. 2002 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2002 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 2002 tax roll. PASSED AND APPROVED this thec28 day of D & 2002. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Atto ney City of Nederland, Texas 223 10/12/2002 06:43:09 TAX COLLECTION SYSTEM PAGE: 11 TC500 C E R T I F I E D R 0 L L J U R I S D I C T I O N S U M M A R Y PROCESSING FOR TAX YEAR: 2002 ' TAX OFFICE: JEFFERSON COUNTY TAX OFFICE -1 1 JURISDICTION: 31 CITY OF NEDERLAND TOTAL PARCELS: 8,548 TAX RATE:00.660000 GROSS VALUE: 618,955,070 STATE MOM: 0 OPT MOM: 0.00000 EXEMPT PARCELS: 192 STATE 065: 0 OPT 065: 15,000 EXEMPT VALUE: 31,254,880 DISABLED: 15,000 AG EXCLUSION: 38,830 AG PROPERTIES: 2 HS CAPPED CNT: 146 HS CAPPED AMT: 286,420 PRIM CHAR CNT: 1 PRIM CHAR VALUE: 95,420 PRORATED CNT: 1 PRORATED VALUE: 22,422 GROSS TAXABLE: 587,257,098 STATE HOMESTEAD 4,917 HOMESTEAD AMT: 0 LOCAL HOMESTEAD 4,917 HOMESTEAD AMT: 0 OVER65 1,591 OVER 65 AMT: 0 LOCAL OVER65 1,591 OVER 65 AMT: 23,540,310 SURVIVING SPOUSE: 21 AMOUNT: 315,000 # OF DISABLED: 121 DISABLED AMT: 1,746,440 VET is $5000 38 VETERAN AMT: 185,000 VET a $7500 7 VETERAN AMT: 52,500 VET a $10000 3 VETERAN AMT: 30,000 VET a $12000 50 VETERAN AMT: 584,260 TOTAL VET 98 VETERAN AMT: 851,760 TOTAL PART XMP: 26,453,510 TAXABLE VALUE: 560,803,588 FROZEN ACCTS: 0 LEVY LOSS: 0.00 TOTAL LEVY: 3,701,303.83 FROZEN GROSS: 0 FROZEN TAXABLE: 0 UNFROZEN LEVY: 0.00 FROZEN LEVY: 0.00 TIF CAPTURED: 0 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. November 11, 2002 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve the minutes of the October 28, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. PRESENTATION Mayor Nagel announced that Mal Lightfoot called and would be unable to attend the meeting. I 4. REQUEST Mrs. Ruth Taylor, 2424 Avenue H, requested an extension to demolish the structure at this location. The Council previously had issued a 90 -day time period for the demolition. During that time Mr. Taylor passed away and Mrs. Taylor has been unable to complete the required demolition. She has requested an additional 90 days which would make the new deadline December 21, 2002. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to grant an extension until December 21, 2002 to Mrs. Ruth Taylor to complete the demolition of the structure at 2424 Avenue H. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 5. FINANCE Cheryl Dowden, Director of Finance, reviewed the City's Investment Policy. She indicated that there are no proposed modifications at this time. A motion was made by Councilmember Nugent and seconded by Councilmember Neal to maintain the existing Investment Policy. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, November 11, 2002 6. STREETS AND SIDEWALKS A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to approve Amendment #1 of the Advance Funding Agreement with the Texas Department of Transportation for the Boston Avenue Landscaping Project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. WATER AND SEWER A motion was made by Mayor Nagel and seconded by Councilmember Nugent to accept the water and sewer improvements in the west annexation area, this would include the line work only, the lift station will be completed at a later date MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 8. BIDS /PROPOSALS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to award bids received for water inventory to Golden Triangle Pipe and Water Supplies, Beaumont, TX, in the amount of $82,902.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 9. WATER DISTRIBUTION SYSTEM A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve the purchase of a water meter from Panametrics, Inc.,Beaumont, TX, for the Water Treatment Plant in the amount of $9,638.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve an agreement with Fluid Meter Sales & Service, Inc., Houston, TX, for large water meter testing services in the amount of $4,200.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve the submission of a request to the Texas Water Development Board to borrow water leak detection equipment. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to approve a meter replacement policy. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. _2., Minutes continued, November 11, 2002 A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to postpone approval of the replacement of residential water meters. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 10. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve payments to Schaumburg & Polk, Inc. as follows: $5,306.51, wastewater system improvements; $4,011.08, west annexation area water and sewer improvements; $3,709.98, 2000 -2001 wastewater system rehabilitation; $330.00, 2001 -2002 wastewater system rehabilitation; and, $14,384.00, 2002 -2003 wastewater system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve payments to d.p. Consulting Engineers, Inc. as follows: $10,312.90, upper Main "C" drainage improvements; and, $2,002.40, Boston Avenue Landscaping Project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve payment of the bills for the month of October. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 11. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported another meeting to discuss the impending stormwater regulations will be conducted this week and Representatives Ritter and Deshotel will be present. Comments will be submitted to the State. -Ve"re being no further business, a motion was made by Mayor Nagel and seconded by C rfcilmember Nugent to adjourn at 3:45 p.m. MOTION CARRIED. A es Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. eg: None. un,n,m+ + + + "d aDonna Floyd, City ClerV Homer E. Nagel, Mayor 1 C CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd Citv Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelad Fire Chief X ChM I Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Official X --Building Victoria Klehn Librarian X -Kelly Galloway Assistant to the Ci Manager X Homer Nagel, Mayor �o d aDonna Floyd, City Clerk 11 -11 -02 Date 228 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 25, 2002 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. See attached for quorum. APPROVAL OF MINUTES A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve the minutes of the November 11, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 3. BIDS /PROPOSALS A motion was made by Mayor Pro Tem Radcliff and seconded by Mayor Nagel to award bids received for banking services to Wells Fargo for a 2 -year term with the option to renew for 3 -years contingent upon satisfactory performance during the primary term. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 4. DUES /MEMBERSHIPS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve dues for Homeland Security to the South East Texas Regional Planning Commission in the amount of $1,425.70. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Nugent to approve payment to ALLCO, Inc. in the amount of $59,471.30, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Radcliff to approve payment to Brystar Contracting, Inc. in the amount of $138,217.96, 2000 -2002 wastewater collection system improvements (Year 3). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 1 Minutes continued, November 25, 2002 6. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the water and sewer lines in the Viterbo Road area have been completed. 8. ADJOURN There being no further business a motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to adjourn the meeting at 6:15 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Lauonna rioya, city uierK City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas X30 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Homer Nagel, Mayor �11�5 O LaDonna Floyd, City Clerk 11 -25 -02 Date 1 1 231 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. December 9, 2002 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern Radcliff to approve the minutes of the November 25, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 3. CONTRACTS /AGREEMTNS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve renewal of a lease agreement between the City of Nederland and the Mid - County Radio Control Club for property located at the old landfill site. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. ORDINANCE A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to approve Ordinance No. 2002 -15, suspending the proposed rate schedule change by Southern Union Gas Company. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 5. RESOLUTION A motion was made by Councilmember Neal and seconded by Councilmember Nugent to approve Resolution 2002 -12, supporting and endorsing the application of the Jefferson County Sheriff's Department to apply for grant funds from the Texas Narcotics Control Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, December 9, 2002 6. CHANGE ORDERS A motion was made by Councilmember Nugent and seconded by Mayor Nagel to approve Change Order No. 4 with Brystar Contracting, Inc. for sewer line replacement between Boston Avenue and Nederland Avenue from 34th Street to 35th Street in the amount of +$36,400.00, and declaring it an emergency. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve Change Order No. 5 with Brystar Contracting, Inc. for sewer line replacement behind the homes on the east side of 30th Street from Nederland Avenue to West Boston in the amount of +$80,630.00, and declaring it an emergency. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Change Order No. 6 with Brystar Contracting, Inc. for sewer line replacement along West Chicago Avenue from 27th Street to Gary Avenue in the amount of +$115,850.00, and declaring it an emergency. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. STREET LIGHT REQUEST A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize the installation of a street light at Franklin Avenue and 19th Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. VIVA JdAkq III K A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve payment to Brystar Contracting, Inc. in the amount of $138,217.96, 2000 -2001 wastewater collection system improvements (Year 3). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tem Radcliff and seconded by Councilmember Nugent to approve payment to d.p. Consulting Engineers, Inc. in the amount of $3,600.00, upper Main "C" drainage project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Radcliff to approve payment to Harold Locke & Associates in the amount of $1,680.00, Hodgson Road outfall project. MOTION CARRIED, Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, December 9, 2002 9. EXECUTIVE SESSION The regular meeting was recessed at 3:25 p.m. by Mayor Nagel for 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, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; Greg Sterling v. City of Nederland and Nederland Fire Fighter Civil Service Commission; and, consultation with City Attorney. 10. RECONVENE The regular meeting was reconvened at 3:41 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reminded Council that the Christmas Parade will be held Tuesday, December 10, 2002, at 6:00 p.m. Mr. Wimer reported that he attended a meeting last week concerning the Sabine- Neches Waterway Feasibility Study and the Corps of Engineers is evaluating three (3) deepening options with a final decision to be made in 2003. Construction costs are estimated to range from $275 million to $450 million dependent upon the depth and the local costs will also be dependent upon the depth. Mr. Wimer informed Council that the next council meeting will be conducting December 16th and the first meeting of 2003 will be January 13th. 12. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to adjourn the meeting at 3:44 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. LaDonna Floyd, City Clerk City of Nederland, Texas %� lG Homer E, Nagel, Mayor City of Nederland, Texas x;34 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X _ �/ /moo L/ - -- Homer Nagel, Mayo cl�a L, 1 S��2� "I — LaDonna Floyd, City Clerk 12 -09 -02 Date 1 t 43 CITY OF NEDERLAND ORDINANCE NO. 2002 -15 AN ORDINANCE SUSPENDING THE PROPOSED RATE SCHEDULE CHANGE BY SOUTHERN UNION GAS COMPANY FOR GAS SERVICE IN THE CITY OF NEDERLAND, TEXAS; PROVIDING THE REASONS THEREFOR; PROVIDING FOR A PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Nederland, Texas has determined that the Statement of Intent to change rates for natural gas service in the City of Nederland, filed with City by Southern Union Gas Company on or about the 15`h Day of November, 2002, should be suspended to a future date, not to exceed ninety (90) days from said effective date, for the following reasons: (1) The City Council of said City has not had sufficient time to analyze and study the proposed increase; and (2) That, in order to reach a determination of the justness, reasonableness, and propriety of such rate increase, the City Council of said City may have to secure the services of one, or more, rate consultants and/or other experts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That the proposed new rate schedule of Southern Union Gas Company for its rates for natural gas utility service in the City of Nederland, be, and the same is hereby suspended for a period of ninety (90) days from and after December 20, 2002. Section 2. That a public hearing on the rate application of Southern Union Gas ' Company be, and the same is hereby ordered to be held before the City Council of said City on the 27`h day of February, 2003 at 6:00 p.m. at the Wright Building, 1006 Port Neches Avenue, Port Neches, Texas, and the City Clerk shall cause notice of such public hearing to be published in the official newspaper of the City of Nederland, not less than ten (10) days prior to ' such hearing. Section 3. That the City Clerk shall furnish a copy hereof, by certified mail, return receipt requested, to Southern Union Gas Company, Section 4. That the City, either alone or in conjunction with other area cities affected by the proposed rate increase of Southern Union Gas Company, employ such rate experts as may be necessary to make a study and analysis of the proposal by the said Southern Union Gas Company to increase its rates, such experts to report to the City Council of said City those findings and conclusions concerning the proposed rate increase, to aid and assist the said City Council in determining the propriety of such rate increase. Section 5. That this Ordinance shall be in effect from and after its passage and publication as required by law. , PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland, Texas held on the 9 day of 4gz� 2002. THE CITY OF NEDERLAND, TEXAS Homer E. Nagel, Mayor ATTEST: LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: , ?1,A \-t' Richard D. Hughes, City Attom y CITY OF NEDERLAND RESOLUTION NO. 2002-12 WHEREAS, the Sheriff of Jefferson County has prepared a grant application to the Texas Narcotics Control Program for continuation of the grant that funds the Narcotics Task Force; and WHEREAS, the application proposes to continue the cooperative multi jurisdictional Narcotics Task Force with the Police Departments in Beaumont, Port Arthur, Nederland, Groves, and Port Neches, and the Sheriffs Department in Hardin County; and WHEREAS, the federal funds available under the provisions of the National Anti -Drug Abuse Act of 1988 are being administered and disbursed pursuant to a statewide strategy developed by the Criminal Justice Division of the Governor's Office, and the application by the Jefferson County Sheriff's Department would be an appropriate expenditure of said funds in response to the statewide strategy and needs of the affected communities, to address the illegal drug trafficking activities therein. The City of Nederland pledges to operate this Narcotics Task Force and the use of this equipment in accordance with Criminal Justice Division and Texas Narcotics Control Program rules and regulations and affirms that in the event of loss or misuse of Criminal Justice Division funds, by the City of Nederland, the City of Nederland assures that these funds will be returned to the Criminal Justice Division in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council of the City of Nederland, Texas, in a regular meeting duly convened and acting in its capacity as the governing body of the City of Nederland, Texas, supports and endorses the application of the Jefferson County Sheriffs Department to apply for grant funds from the Texas Narcotics Control Program, as administered by the Criminal Justice Division, Office of the Governor, to continue funding for the Jefferson County Narcotics Task Force, and commits to provide the matching funds in an amount not to exceed $18,527.00. PASSED AND APPROVED this the(? day of (� e r /�.. 12002 Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: �� 1 LaDonna Floyd, City Clerk' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: clz� Tk gL%! � Richard D. Hughes, Cit3Wtorney City of Nederland, Texas '�37 233 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 6:00 p.m. December 16, 2002 1. CALL MEETING TO ORDER 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. See attached for quorum. 2. APPROVE MINUTES A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve the minutes of the December 9, 2002 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 3. BIDS /PROPOSALS A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Neal to authorize the advertisement of bids for Years 4 and 5 Sanitary Sewer Evaluation Survey (SSES) WORK. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 4. STREETS AND SIDEWALKS A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to authorize the installation of a street light at 924 Avenue E. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 5. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve payments to ALLCO, Inc. as follows: $27,621.90, west annexation water and sewer improvements, Phase 2; and, $43,550.83, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Radcliff to approve payment to d.p. Consulting Engineers, Inc. in the amount of $3,510.00, Boston Avenue enhancement project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. # Absent: Councilmember Nugent. Minutes continued, December 16, 2002 A moiton was made by Mayor Pro Tern Radcliff and seconded by Councilmember Neal to approve payment of the bills for the month of November. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. 6. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the next Council meeting will not be held until January 13, 2003. 8. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to adjourn the meeting at 6:13 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Councilmember Nugent. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas y � L "ipar I 40 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Ma or X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Dowden Director of Finance X -Cheryl Steve Hamilton Director of Public Works X Rod Hatch Official X --Building Victoria Klehn Librarian X -Kelly Galloway Assistant to the City Manager X ` Homer Nagel, Mayor LaDonna Floyd, City Clerk 12 -16 -02 Date L u L�