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2005god
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
MEETING
January 10, 2005
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Neal to approve the minutes of the December 13, 2004 meeting
as written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
3. ORDINANCES
A motion was made by Councilmember Neal and seconded by Councilmember
Rogers to approve Ordinance No. 2005 -01, denying Entergy Gulf States, Inc's
request to change rates in this municipality; authorizing Entergy Gulf States,
Inc.'s request to withdraw the Statement of Intent requesting a change of rates in
the municipality; providing a requirement for reimbursement of costs incurred by
the City. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to approve Ordinance No. 2005 -02, regulating junked vehicles. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Radcliff to approve Ordinance No. 2005 -03, amending the trash
ordinance. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
BIDS /PURCHASES
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer
to authorize the purchase of a trash truck through BuyBoard in the amount of
$139,196.62. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
+0012 Minutes continued, January 10, 2005
A motion was made by Councilmember Radcliff and seconded by
Councilmember Rogers to authorize requests for proposals for janitorial services.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
5. PAYMENTS
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Neal to approve payment of the bills for the month of December,
2004. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
6. RESOLUTION
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to approve Resolution No. 2005 -01, authorizing the
Mayor to execute an Interlocal Agreement for automatic assistance relating to fire
protection between the cities of Nederland, Port Neches, and Groves. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
EXECUTIVE SESSION
The regular meeting was recessed at 3:42 p.m. by Mayor Nugent 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, Inc. and Entergy
Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of
the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the
Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney.
RECONVENE
The regular meeting was reconvened at 5:03 p.m. by Mayor Nugent. He
announced that the Executive Session was held for informational purposes only.
8. OFFICIALS' COMMENTS
1
Andre' Wimer, City Manager, reported that the Nederland Economic
Development Corporation retained a contractor to perform repairs at the Windmill
Museum and the work should be completed prior to the start of the Heritage '
Festival. He added that the City was recently notified that it has again received a
Certificate of Achievement for Excellence in Financial Reporting as awarded by
the Government Finance Officers Association (GFOA). This certificate was
awarded for the City's comprehensive annual financial report (the audit) for the
Minutes continued, January 10, 2005
year ended September 30, 2003. The City has received this award each year
since 1997. Mr. Wimer was pleased to announce that the Wilton & Effie Mae
Hebert Foundation recently approved the City's $28,000 grant request for the
library, adding that since 1993, the Hebert Foundation has contributed $581,360
to the library. The fire department received a donation of 20 sections (2,000')
of five -inch fire hose supply line from Enterprise Products. Chief Lovelady and
Terry Basham from Unocal worked a plan with Enterprise Products to enhance
fire protection on a new meter station being built on Unocal property. The
estimated value of the hose if $9,418.00.
Mayor Nugent announced that the Work Session that was scheduled for 4:00
p.m. today will be postponed until next Monday.
9. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Radcliff to adjourn the meeting at 5:09 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
1]
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
1
R. A. Nu ent ayor
City of Nedertdrid, Texas
0041
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Bert Rogers
Council Member
X
Andre Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Lois Coco
Acting 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
R. A. Nugent, Mayo
C & Llllwnd C 92L ,0,(
LaDonna Floyd, City Clerl
January 10, 2005
Date
1
rt {4� r
1
CITY OF NEDERLAND
ORDINANCE NO. 2005-01
AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS
DENYING ENTERGY GULF STATES, INC.'S REQUEST
TO CHANGE RATES IN THIS MUNICIPALITY;
AUTHORIZING ENTERGY GULF STATES, INC.'S
REQUEST TO WITHDRAW THE STATEMENT OF
INTENT REQUESTING A CHANGE OF RATES IN THE
MUNICIPALITY; PROVIDING A REQUIREMENT FOR
REMURSEMENT OF COSTS INCURRED BY THE CITY.
WHEREAS, on or about August 24, 2004 Entergy Gulf States, Inc. ( "EGSr' or
"Company ") filed with the City of Nederland ( "City ") a Statement of Intent to Change Rates
charged to consumers within this municipality; and
WHEREAS, the City has exclusive original jurisdiction to evaluate EGSI's Statement of
Intent for rates, services and operations within the City, pursuant to Texas Utilities Code
§33.001; and
WHEREAS, the Texas Utilities Code §33.023 provides that costs incurred in ratemaking
activities are to be reimbursed by the regulated utility; and
' WHEREAS, the City, through the Cities' Steering Committee, is actively participating at
the Public Utility Commission of Texas ( "PUCT" or "Commission ") in connection with PUC
Docket No. 30123; and
WHEREAS, EGSI has extended its effective date by 30 days from December 27, 2004
to January 26, 2005; and
WHEREAS, the City's consultants have not completed their analyses of EGSI's rate
filing package and Statement of Intent; and
WHEREAS, the Commission in Docket No. 30123 has exercised its jurisdiction under
PURA § §14.001 and 32.001(a) and dismissed EGSI's rate request at the PUCT.
WHEREAS, EGSI has, by letter, notified the City that the Company formally withdraws
its Statement of Intent to Change Rates.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS THAT:
Section 1. EGSI's formal request to withdraw its Statement of Intent to Change Rates
within the City is granted and EGSI's rate request is denied in all respects.
Section 2. The costs incurred by the City in reviewing EGSI's application be reimbursed
by the Company.
Section 3. This Ordinance shall become effective immediately from and after its passage,
as the law and charter in such case provide.
' Section 4. That it is hereby officially found and determined that the meeting in which
this Ordinance is passed is open to the public as required by law and that public notice of the
time, place and purpose of said meeting was given as required.
606
Section 5. A copy of this Ordinance, constituting the final action on EGSI's a pp lication , ,
be forwarded to L. Richard Westerburg, Jr., Assistant General Counsel, Entergy Services, Inc.
919 Congress Avenue, Suite 840, Austin, Texas 78701.
SSED and approved by the City Council of the City of Nederland, Texas this
day of 2005.
i L
R. A. gent, or
City of Nederla , Texas
�A y(TTTEST:
LaDohna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
'Richard D. Hug es, ity Attorney
City of Nederland, Texas '
007
RECITALS
The City Council of the City of Nederland desires to amend Chapter 102 of the Code of
Ordinance of the City of Nederland, Texas, by adding Article III, Junked Vehicles: Public
Nuisance; Abatement, and by adding Sections 102 -324 to 102 -330, which regulate junked
vehicles within the municipal jurisdiction of the City of Nederland and provide penalties for its
violations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
SECTION 1: That Chapter 102 of the Code of Ordinances, City of Nederland, Texas, is
amended by adding Article III and new sections to be numbered 102 -324 to 102 -330, which read
as follows:
ARTICLE III. JUNKED VEHICLES: PUBLIC NUISANCE; ABATEMENT
Sec. 102 -324. Definitions.
When not inconsistent with the context, words used in the present tense shall include the future;
words used in the plural number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory and not merely
directory.
Antique auto means a passenger car or truck that is at least twenty-five (25) years old.
Collector means the owner of one or more antique or special interest vehicles who collects,
purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for
personal use in order to restore, preserve, and maintain an antique or special interest vehicle for
historic interest.
Inoperable means in any physical condition that makes it incapable of being operated safely on
any public street or roadway.
Junked vehicle means any vehicle as defined in the Transportation Code, subchapter E, section
683.071, as amended, that:
(1) Is self - propelled and does not have lawfully attached to it both an unexpired license
plate and a valid motor vehicle inspection certificate; and
' (2) Is wrecked, dismantled or partially dismantled, or discarded; or inoperable and has
remained inoperable for more than:
(i) seventy -two (72) consecutive hours, if the vehicle is on public property; or
CITY OF NEDERLAND
'
ORDINANCE NO. 2005-02
AN ORDINANCE CARRYING INTO EFFECT THE
PROVISIONS OF V. T. C. A., TRANSPORTATION
CODE, CHAPTER 683, SUB CHAPTER E,
REGULATING JUNKED VEHICLES, BY
AMENDING CHAPTER 102, CODE OF
ORDINANCES TO ADD A NEW ARTICLE III,
JUNKED VEHICLES: PUBLIC NUISANCE;
ABATEMENT; WITH NEW SECTIONS 102 -324 TO
102 -330; PROVIDING FOR AUTHORITY AND
PROCEDURES TO ABATE NUISANCE;
PROVIDING FOR ASSESSMENT OF EXPENSES
AND LIEN; AND PROVIDING A PENALTY FOR
VIOLATION.
RECITALS
The City Council of the City of Nederland desires to amend Chapter 102 of the Code of
Ordinance of the City of Nederland, Texas, by adding Article III, Junked Vehicles: Public
Nuisance; Abatement, and by adding Sections 102 -324 to 102 -330, which regulate junked
vehicles within the municipal jurisdiction of the City of Nederland and provide penalties for its
violations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
SECTION 1: That Chapter 102 of the Code of Ordinances, City of Nederland, Texas, is
amended by adding Article III and new sections to be numbered 102 -324 to 102 -330, which read
as follows:
ARTICLE III. JUNKED VEHICLES: PUBLIC NUISANCE; ABATEMENT
Sec. 102 -324. Definitions.
When not inconsistent with the context, words used in the present tense shall include the future;
words used in the plural number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory and not merely
directory.
Antique auto means a passenger car or truck that is at least twenty-five (25) years old.
Collector means the owner of one or more antique or special interest vehicles who collects,
purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for
personal use in order to restore, preserve, and maintain an antique or special interest vehicle for
historic interest.
Inoperable means in any physical condition that makes it incapable of being operated safely on
any public street or roadway.
Junked vehicle means any vehicle as defined in the Transportation Code, subchapter E, section
683.071, as amended, that:
(1) Is self - propelled and does not have lawfully attached to it both an unexpired license
plate and a valid motor vehicle inspection certificate; and
' (2) Is wrecked, dismantled or partially dismantled, or discarded; or inoperable and has
remained inoperable for more than:
(i) seventy -two (72) consecutive hours, if the vehicle is on public property; or
008
(ii) thirty (30) consecutive days, if the vehicle is on private property.
Person means any person, firm, partnership, association, corporation, or organization of any I
kind.
Special interest vehicle means a motor vehicle of any age which has not been altered or modified
from original manufacturer's specifications and, because of its historic interest, is being
preserved by a hobbyist.
Sec. 102 -325. Declared a public nuisance.
A junked vehicle, including part of a junked vehicle, that is located in a place where it is visible
from a public place or public right -of -way, is detrimental to the safety and welfare of the general
public, tends to reduce the value of private property, invites vandalism, creates fire hazards,
constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is a
detrimental to the economic welfare of the state by producing urban blight adverse to the
maintenance and continuing development of the municipals in the state, and is public nuisance.
This section shall not apply with regard to:
(1) A vehicle or part thereof which is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or private property;
(2) A vehicle or part thereof which is stored or parked in a lawful manner on private
property in connection with a business of a licensed vehicle dealer or a licensed
junkyard; or
(3) Unlicensed, operable or inoperable antique and special interest vehicles stored by a
collector on his property, provided that the vehicles and the outdoor storage areas
are maintained in such a manner that they do not constitute a health hazard and are
screened from ordinary public view by means of a fence, rapidly growing trees,
shrubbery, or other appropriate means.
I
Sec 102 -326. Notice.
(a) For abatement and removal of a public nuisance from private property, public property or
public right -of -way within the city, the city manager or his designee shall send notice to the
owner of the junked vehicle and the owner or occupant of the premises where the nuisance
exists if on private property, or the owner or occupant of the premises adjacent to the public
right -of -way on which the nuisance exists. The notice shall state the following:
(1) The nature of public nuisance;
(2) That it must be removed and abated within ten (10) days;
(3) That if a hearing is desired, before the removal of that vehicle or vehicle part, a
request for such hearing shall be made before expiration of the ten -day period; and
(4) That the owner shall request, either in person or in writing, to the city manager or his
designee to set a date and time of hearing.
(b) The notice must be mailed, by certified mail with a five -day return requested, to the last
known registered owner of the junked motor vehicle, any lien holder of record, and the
owner or occupant of the private property, public property, or public right -of -way on which
the public nuisance exists. If any notice is returned undelivered by the United States Post
Office, official action to abate the nuisance shall be continued to a date not earlier than the
11`h day after the date of the return.
(c) The relocation of a junked vehicle that is a public nuisance to another location in the same '
city or county after a proceeding for the abatement and the removal of public nuisance has
commenced has no effect on the proceeding if the junked vehicle constitutes a public
nuisance at the new location.
Q09
the notice, the city without further notice may correct the violation at the owner's expense
and assess the expense against the property. If a violation covered by a notice under this
' subsection occurs within a twelve -month period, and the city has not been informed in
writing by the owner of an ownership change, then the city manager or his designee without
notice may dispose of said junked vehicle in such manner as required by law and may
assess its expenses and attach a lien in accordance with the provisions set forth in V. T. C.
A. Health and Safety Code, Sec. 342.007 (a) (1) and (2).
Sec. 102-327. Offense.
(a) A person commits an offense if the person maintains a public nuisance described by Sec.
102 -325.
(b) An offense under this section is a misdemeanor punishable upon conviction by a fine not to
exceed $200.
(c) The Court shall order abatement and removal of the nuisance on conviction.
See. 102 -328. Hearing.
(a) Hearing. If a hearing is requested it shall be held not earlier than the I I't' day after the date
of the service or notice, a public hearing must be held before the vehicle or vehicle part is
removed. The hearing shall be held before the municipal magistrate as provided herein.
(b) Determination; abatement. The municipal magistrate shall conduct hearings brought before
said court, as set out herein, and shall determine whether the defendant is in violation of
Sec. 102 -325. Upon finding that said defendant is in violation of Sec. 102 -325, said
defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with
the penalty provision set forth in Sec. 102 -327 (b). The magistrate shall further order such
defendant to remove and abate said nuisance within ten (10) days, the same being a
' reasonable time. If the defendant shall fail and refuse, within said ten (10) days, to abate or
remove the nuisance, the magistrate may issue an order directing the city manager or his
designee to have the same removed, and the city manager or his designee shall take
possession of said junked vehicle and remove it from the premises. The city manager of his
designee shall thereafter dispose of said junked vehicle in such manner as required by law.
(c) Compliance. If, within ten (10) days after receipt of notice from the city manager or his
designee, to abate the nuisance, as herein provided, the owner of the junked vehicle or
owner or occupant of the premises shall give his written permission to the city manager or
his designee for removal of the junked vehicle from the premises, the giving of such
permission shall be considered compliance with the provisions of this section.
(d) Failure to comply: ,filing a complaint. If a hearing is not requested within the ten -day
period provided by subsection (c) and the nuisance is not removed and abated by the
persons notified, or if written permission is given for removal if the junked vehicle as
provided in 102 -328 (c) the city shall request of the magistrate an order directing the city
manager or his designee to have the same removed, and the city manager or his designee
shall take possession of said junked vehicle and remove it from the premises. The city
manager of his designee shall, thereafter, dispose of said junked vehicle in such manner as
required by law.
(e) Removal when owner unknown. If there is a junked vehicle, as herein defined, on any
premises, and neither the owner of the premises nor the owner of said vehicle can be found
and notified to remove same, then, upon showing of such facts to the municipal magistrate,
the court may issue an order directing the city manager of his designee to have the same
removed, and the city manager or his designee shall take possession of said junked vehicle
or vehicle and remove it from the premises. The order requiring the removal of a vehicle or
I vehicle part must include a description of the vehicle and correct identification number and
license number if the information is available at the site. The city manager of his designee
shall thereafter dispose of said junked vehicle in such manner as required by law.
C�.c?
(f) Notice to state highway department. Within five (5) days after the date of removal of any
vehicle under this section, notice shall be given to the state highway department. Said
notice must identify the vehicle or vehicle part thereof removed.
(g) Reconstruction after removal. After a vehicle has been removed, it shall not be
'
reconstructed or made operable.
(h) Administration of section. This section will be administered by regularly salaried full -time
employees of the city, except that the removal of vehicles or parts thereof from property
may be by any other duly authorized person.
See. 102.329. Assessment of Expenses; Lien
(a) If the owner of the property in the City does not comply with notice to abate the nuisance
within ten days of notice of a violation of this ordinance, the City may assess expenses
incurred for its removal and/or disposal of the junked vehicle and assess a lien on the real
estate on which the removal work was done.
(b) To obtain a lien against the property, the City must follow the procedures set forth in V. T.
C. A., Health and Safety Code, Sec. 342.007.
(c) The lien obtained by the City's governing body shall be security for the expenditures made
and interest accruing at the rate of 10 percent on the amount due from the date of payment
by the City.
(d) The City shall have the remedies afford by V. T. C. A., Health and Safety Code, Sec.
342.007. The remedies provided herein are in addition the penalties provided by Sec.
102.327.
Sec. 102 -330. Reserved.
SECTION 2. Severability. If any application of this ordinance to any person or
'
circumstances is held invalid, the remainder of this ordinance and the application of such
provisions to other persons or circumstances shall not be affected thereby.
SECTION 3. Repeal. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
SECTION 4. Effective date. This ordinance shall take effect from and after its passage
and publication as required by law.
P SED and approved by the City Council of the City of Nederland, Texas this / Cl
day of 2005.
R. A. Nugent, Mayor
City of Nederl d, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY
Zt_� 12- tt/t,-_
'
Richard D. Hughes, 04 Attorney
City of Nederland, Texas
Oil
CITY OF NEDERLAND
ORDINANCE NO. 2005-03
AN ORDINANCE CARRYING INTO EFFECT THE
PROVISIONS OF V. T. C. A., HEALTH AND
SAFETY CODE, CHAPTER 342, BY AMENDING
CHAPTER 54, ARTICLE III, OF THE CODE OF
ORDINANCES REGULATING THE SANITARY
CONDITIONS OF LAND AND IMPROVED
PREMISES WITHIN THE CITY; PROVIDING FOR
ASSESSMENT OF EXPENSES AND A LIEN;
PROVIDING FOR SEVERABILITY AND REPEAL.
RECITALS
The City Council of the City of Nederland desires to amend Chapter 54, Article 111,
Sanitation, of the Code of Ordinances by repealing Section 54 -72 and Section 54 -73 and by
adding a new Section 54 -72 and Section 54 -73, which adopts the procedures authorized by V. T.
C. A. Health and Safety Code, Chapter 342, in order to reduce the 10 day notice to 7 days,
eliminate the publication requirement, and extend the period not requiring notice to recurring
violators from 6 months to 12 months.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
SECTION 1: That Chapter 54, Article III, of the Code of Ordinances, City of
Nederland, Texas is amended by repealing the current Sec. 54 -72 in its entirety and by adding in
its place a new Sec. 54 -72, which reads as follows:
' Sec. 54 -72. Notice to remedy condition.
Whenever any condition described in this article is found to exist on any premises within
the City, the owner of the premises shall be notified by the City to correct, remedy or
remove the condition within seven (7) days of notice of the violation. The notice shall be
given in the manner authorized by V. T. C. A. Health and Safety Code, Sec. 342.006 (b)
(c) and (d), which is incorporated herein by reference. In notice provided under this
section the City may inform the owner by regular mail and a posting on the property that
if the owner commits another violation of the same kind or nature that poses a danger to
the public health and safety on or before the first anniversary date of the notice, the City
without further notice may correct the violation at the owner's expense and assess the
expense against the property. If a violation covered by a notice under this section occurs
within the one -year period, and the City has not been informed in writing by the owner of
all ownership change, then the City without notice may take any action permitted by Sec.
54 -73 and assess its expenses as provided by Sec. 54 -74 and Sec. 54-75.
SECTION 2: That Chapter 54, Article III, of the Code of Ordinance, City of Nederland,
Texas its amended by repealing the current Sec. 54 -73 in its entirety and by adding in its place a
new Sec. 54 -73, which reads as follows:
See. 54 -73. Refusal to comply with notice.
If the owner of property in the City does not comply with notice to correct, remedy or
remove the condition within seven days after notice of a violation, the City may: (1) do the work
or make the improvements required; and (2) pay for the work done or improvements made and
change expenses to the owner of the property. The City may assess expenses incurred under Sec.
54 -73 against the real estate on which the work is done or improvements made by obtaining a
' lien against the property in accordance with the provisions of Sec. 54 -74 and Sec. 54 -75.
SECTION 3. Severability. If any application of this ordinance to any person or
circumstances is held invalid, the remainder of this ordinance and the application of such
provisions to other persons or circumstances shall not be affected thereby.
W1
SECTION 4. Repeal. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed. '
SECTION 5. Effective date. This ordinance shall take effect from and after its passage
and publication as required by law.
PASSED and approved by the City Council of the City of Nederland, Texas this ( 4
day of 2005.
l .--
R. A. Nugent, , or
City of Nederla Texas
ATTEST:
- J"01
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
'chard D. Hughes ity Attorney
City of Nederland, Texas
1
CITY OF NEDERLAND
RESOLUTION NO. 2005 -01
A RESOLUTION AUTHORIZING THE MAYOR AND
THE CITY CLERK OF NEDERLAND, TEXAS TO
EXECUTE AN INTERLOCAL AGREEMENT FOR
AUTOMATIC ASSISTANCE (AGREEMENT) BY AND
BETWEEN THE CITY OF NEDERLAND, TEXAS
CITY OF PORT NECHES, TEXAS AND THE CITY OF
GROVES, TEXAS (HEREINAFTER REFERRED TO
AS "PARTIES "), IN A FORM AS ATTACHED
HERETO AND MARKED EXHIBIT "A ", FOR
PURPOSES OF PROVIDING A PRE - PLANNED
RESPONSE BETWEEN THE PARTIES TO ASSIST
EACH OTHER IN EMERGENCY CONDITIONS IN
ANY PORTION OF THE DESIGNATED AREA
WHERE THE AGREEMENT IS IN EFFECT BY
PROVIDING FIREFIGHTING EQUIPMENT AND
PERSONNEL AND /OR EMERGENCY MEDICAL
EQUIPMENT AND PERSONNEL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
That the Mayor, and the City Clerk of the City of Nederland, Texas, are
' each hereby authorized to execute, for and on behalf of the City of Nederland,
Texas, an Agreement for Automatic Assistance (Agreement) by and between the
City of Nederland, Texas, City of Port Neches, Texas, and the City of Groves,
Texas (hereinafter referred to as the "parties "), in a form as attached hereto and
marked "Exhibit A," for purposes of providing an agreement between the parties
to assist each other in responding to emergency conditions (i.e., a condition
requiring fire protection or emergency medical services or both) in any portion of
the designated area where the Agreement is in effect by providing firefighting
equipment and personnel and /or emergency medical equipment or personnel.
PASSED and APPROVED this /0 day of 12005.
R. A. gent ayor
City of Ned and, Texas
ATTEST:
s,. _s ,j
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
lHichard Hughes City Attorney
City of Nederland, Texas
INTERLOCAL AGREEMENT FOR AUTOMATIC ASSISTANCE COVERGE
THE STATE OF TEXAS § '
COUNTY OF JEFFERSON
This INTERLOCAL AGREEMENT FOR AUTOMATIC COVERAGE
( "Agreement ") is entered into by and between the City of Groves, City of
Nederland, and the City of Port Neches (collectively referred to herein as the
"parties" or "Cities "), each being a local government organized under the laws of
the State of Texas with authority to contract or agree with another local
government to perform governmental functions and services, including fire
protection and emergency assistance.
1. RECITALS
1.1 This Agreement is made pursuant to•V.T.C.A., Government Code, Chapters
418 and 791. It is further authorized by approved resolution of the respective City
Councils of the three Cities.
1,2 The governing officials of the local governments named herein desire to
secure pre - planned mutual aid responses for the protection of life and property in '
emergency conditions. For purposes of this Agreement, "emergency condition'
means one or more fires in progress or any condition requiring fire protection or
emergency medical services, or both.
1.3 This Agreement is a guide for routine operations and is to be construed as
an addition to and not as a replacement of the existing Mutual Aid Fire Protection
Agreement between the Cities, which was adopted on October 16, 1978. In case of
a conflict between the two agreements, this Agreement shall prevail. Automatic
assistance rendered under this Agreement shall be considered as a pre - planned
mutual aid response conducted under the authority of the existing Mutual Aid Fire
Protection Agreement to which all three Cities are parties.
2. SCOPE OF SERVICE
2.1 The parties agree to assist each other in responding to a emergency
condition in any portion of the service area where this Agreement is in effect by
providing a predetermined number of fire fighting equipment and personnel, as
more fully provided herein.
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2.2 Not withstanding anything herein to the contrary, at the time that each
' separate incident occurs, the Fire Chief or Incident Commander of the
department(s) giving AAC shall determine the number of personnel and
equipment that may be sent to another jurisdiction as circumstances dictate. At no
time will any of the three Cities be left inadequately protected.
3. SERVICE AREAS
3.1 Fire response areas will be determined by the mutual agreement of the three
Fire Chiefs on the basis of response time and available access to the affected areas
and periodically reviewed for continued AAC. It is specifically recognized and
agreed that adjustments to the listed areas may have to occur in order to comply
with the response areas and changes in response patterns occurring after the
acceptance of this Agreement.
3.2 Boundaries:
District 1 — City of Nederland - City Limits
District 2 — City of Port Neches - City Limits
District 3 — City of Groves - City Limits
' 4. AMOUNT AND TYPE OF ASSISTANCE
4.1 This Agreement is for the pre - planned exchange of fire protection services in
specified response areas as intended to allow for the closest possible equipment to
respond to an emergency condition regardless of municipal affiliation. Fire
apparatus will respond on fire incidents in the pre - arranged response areas.
4.2 Automatic Incident Response Equipment.
District 1: Nederland
Response to AAC Cities for Structure Fire Incidents: Ladder Company
District 2: Port Neches
Response to AAC Cities for Structure Fire Incidents: Engine Company
District 3: Groves
Response to AAC Cities for Structure Fire Incidents: Engine Company
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4.3 Response Procedures:
The first arriving company will give a status report of conditions found. If it is '
determined that AAC is not needed, all responding AAC equipment will return to
their respective stations. If it is determined upon arrival that AAC is needed,
responding units will continue to the incident scene.
4.4 Communications Procedures:
When it is decided that AAC is needed, all off -duty paid and volunteer firefighters
will be toned out via, radios, and/or pagers. Each department's dispatch center
will also receive the tone outs. There will be no tones or pages until it is decided
that AAC is needed. Communications between department dispatch centers will be
via telephone, radio, or the most effective means of communications.
5. VOLUNTEER FIREFIGHTER RESPONSE PROCEDURES
5.1 When not responding to incidents in their own Cities, volunteer firefighters
of Groves, Nederland, and Port Neches will respond to their respective fire
stations and stand -by for response assignment by their Fire Chief or Incident
Commander.
5.2 No privately owned vehicles (POVs) will be allowed to respond to '
incidents outside of each City's respective jurisdiction. All responses to a
neighboring jurisdiction will be in City owned equipment.
6. OFF-DUTY PAID FIREFIGHTER RESPONSE PROCEDURES
6.1 When not responding to incidents in their own Cities, paid off -duty
firefighters of Groves, Nederland, and Port Neches will respond to their respective .
fire stations and stand -by for response assignment by the Chief or Incident
Commander of their respective department.
6.2 No privately owned vehicles (POVs) will be allowed to respond to
incidents outside of each City's respective jurisdiction. All responses to a
neighboring jurisdiction will be in City owned equipment.
7. FIRE CHIEFS RESPONSE
The Fire Chiefs of the Cities giving AAC shall have the discretion to
determine their need to respond to an AAC incident by the nature of the incident, ,
equipment and personnel coverage, and other factors that may arise in their
respective Cities. The responding AAC Fire Chiefs shall work under the direction
' of the Incident Commander in the City receiving AAC.
8. INCIDENT COMMAND
8.1 All departments will use an incident management system during joint
responses. Upon arrival, the first arriving company at the emergency scene will
assume Command in accordance with its Department's incident management
procedure and must promptly transfer such command to the Fire Chief or Incident
Commander of the department where the AAC incident is occurring.
8.2 Nothing in this Agreement will preclude an officer operating in a City not
his/her own from requesting additional resources as appropriate from the City in
whose jurisdictions the emergency is occurring.
9. LIMITATIONS
If the agreed upon response from each department is not available or is
temporarily depleted, the assisting department will advise the other departments at
the beginning of each shift schedule or as the need arises.
' 10. TRAINING
Joint training exercises may be conducted as needed. The training
exercises will be coordinated and observed by the respective training staffs of the
three departments for the purpose of maintaining coordination in fire fighting
procedures, dispatching, and communications. The following topics will be
addressed within twelve (12) months of the approval of this Agreement:
- Apparatus and equipment familiarization
- Incident Command System of each department
- Communications protocols
- Fire hydrant procedures
- Other topics as needed
11. INCIDENT REPORTING
Each department will be responsible for obtaining needed information to
complete fire reports for incidents within its respective jurisdiction. Assisting
departments will cooperate with jurisdictional departments to provide necessary
information.
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The following guidelines will be followed for emergency incident reporting:
1. A department NFIRS report will be completed for each incident by each '
department providing response to the incident scene or station stand -by.
2. A department that receives Automatic Assistance will complete a NFIRS
report and show "Mutual Aid Received."
3. A department giving AAC must complete the necessary portion of the
NFIRS report and show "Mutual Aid Given."
12. LIABILITY
12.1 Any civil liability that arises from the famishing of services under this
Agreement is the responsibility of the governmental unit that would be responsible
for furnishing the services in the absence of any mutual aid contract, as provided
in V. T. C. A., Government Code, §791.006. Notwithstanding the terms of this
paragraph, the City providing automatic assistance (responding party) shall hold
the City where in the emergency condition exists (requesting party) harmless from
all liability for injuries or damages to persons or property that might occur as a
result of the act or omission of an act of the employees or servants of a responding
City. Nothing in this Agreement adds to or changes the liability limits and the
immunities for a governmental unit provided by Texas Court Claims Act, Chapter
101, Civil Practice and Remedies Code, or other law. '
12.2 No party shall be reimbursed by the other for costs incurred pursuant to the
Agreement. Personnel who are assigned, designated, or ordered by their governing
body to perform duties pursuant to this Agreement shall receive the same wage,
salary, pension, and all other compensation and rights for the performance of such
duties, including injury or death benefits, Workers' Compensation benefits, as
though the service had been rendered where he or she is regularly employed.
Moreover, except as otherwise provided by the Interlocal Cooperation Act, all
medical expenses, wage and disability payments, pension payments, damage to
equipment and clothing, and expenses of travel, food, and lodging shall be paid by
the entity in which the employee in question is regularly employed.
12.3 All equipment used by each party's Fire Department in carrying out this
Agreement will at all times be owned by it, and all personnel will at all times be
firefighters of the Fire Department and City where they are regularly employed.
12.4 At all times while equipment and personnel of any City's Fire Department
are traveling .to, from or within the geographical limits of the other party in
accordance with this Agreement, such personnel and equipment shall be deemed ,
to be employed or used, as the case may be, in the full line and cause of duty of
the party which regularly employs such personnel and equipment. Further, such
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equipment and personnel shall be deemed to be engaged in a governmental
' function of its governmental entity.
12.5 If any individual shall be cited as the defendant in any state or federal civil
lawsuit arising out of his or her official acts while performing duties pursuant to
this Agreement, such individual shall be entitled to the same benefits that he or she
would be entitled to had such action arose out of his or her duties as a member of
the department where he or she is regularly employed and within the jurisdiction
of the governmental entity where he or she is regularly employed. The benefits
described in this paragraph shall be supplied by the party where the individual is
employed.
12.6 A party bearing civil liability related to the performance of this Agreement,
as set forth in V. T. C. S., Government Code, Chapter 791, agrees to indemnify and
hold harmless any other party providing or performing services pursuant to this
Agreement, except as otherwise provided herein.
12.7 Each City shall maintain sufficient insurance coverage on its own
equipment and personnel, including coverage for damage to equipment and/or
injuries to another party as a result of its error or omission
13. REVISIONS /CANCELLATION
13.1 This Agreement may be revised or amended only by written instrument
executed by the Cities of Groves, Nederland, or Port Neches.
13.2 Any party may cancel this Agreement by giving 30 days advance written
notice of such intention to the other parties through their City Manager.
14. IMMUNITY OR DEFENSE
It is expressly understood and agreed that no party hereto waivers, nor shall
be deemed to waive, any immunity or defense that would otherwise be available to
it or its officials, agents, or employees against claims arising out of the exercise of
its functions and activities.
15. COMPENSATION
No compensation or reimbursement shall be required for the services
rendered or costs incurred under this agreement by any party, except as provided
' by law, appropriate regulations, or upon agreement between the parties involved.
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16. EXECUTION
In order to facilitate execution' of this Agreement, each party may execute a
triplicate original.
17. EFFECTIVE DATE
This Agreement is effective after it has been approved by the City Council
of each city and on the date that it has been signed by the mayors of all three
Cities, and shall remain in effect until cancelled by any party.
The parties have executed this Agreement in multiple copies, each of which
is an original.
ATTEST:
Kim Caldwell, City Clerk
City of Groves, Texas
ATTEST:
LaDonna Floyd, City dierk
City of Nederland, Texas
CITY OF GROVES
By: Brad Bailey, Mayor
Date:
CITY OF NEDERLAND
By: R. A. Nu nt, Mayor
Date:
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ATTEST:
Sally Hammerly, City Secretary
City of Port Neches, Texas
APPROVED AS TO FORM AND LEGALITY
James Black, City Attorney
' City of Groves, Texas
Harry P. Wright, City Attorney
City of Port Neches, Texas
Richard D. Hugh s, City Attorney
City of Nederland, Texas
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CITY OF PORT NECHES
By: Glenn Johnson, Mayor
Date:
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022
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND I
1:00 P.M. January 17, 2005
1. CALL MEETING TO ORDER
The special meeting was called to order at 1:00 p.m. by Mayor R. A. Nugent at
the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. EXECUTIVE SESSION
The special meeting was recessed at 1:01 p.m. by Mayor Nugent for the purpose
of conducting an Executive Session as authorized by Section 551.071, IRS
issues presented by the Nederland Volunteer Fire Department, Inc., and
consultation with City Attorney; and, Section 551.074, discussion regarding Fire
Chief and Nederland Volunteer Fire Department, Inc. claims pertaining to the
command van account.
3. RECONVENE
The special meeting was reconvened at 3:10 p.m. by Mayor Nugent. '
A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern
Sawyer to instruct the City Manager to prepare a letter of reprimand to be placed
in Fire Chief Mike Lovelady's personnel file regarding violations committed in the
management of funds received for the purpose of the refurbishing of the
Command Van; such letter shall also include a statement to the effect that any
future like violations would lead to further reprimand up to and including
termination. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Councilmember Neal suggested that a meeting between Chief Lovelady, Mayor
Nugent and City Manager Wimer be held to discuss what will be expected of him
from the Council. Mr. Wimer added that a fundraising policy will be written and
presented to Council at a future date.
4. RECESS
Mayor Nugent called for a recess at 3:15 p.m.
5. RECONVENE '
The special meeting was reconvened at 3:30 p.m. by Mayor Nugent.
Minutes continued, January 17, 2005
POLICIES AND PROCEDURES
' Andre' Wimer, City Manager, explained that this discussion only item was placed
on the agenda to further review potential policies regarding special events, street
closures, and requests for City services and equipment. Due to the many
requests from various organizations he feels a written policy would greatly benefit
City staff by providing guidance regarding special events. Mr. Wimer stated that
most of these types of events are utilizing personnel time as well as equipment
and services, such as barricades for street closures, and garbage containers to
accommodate the additional garbage generated.
A lengthy discussion was conducted on various options that could be placed in a
written policy, such as fees to be charged and whether there would be a
difference between non - profit and for - profit activities. Most agreed that a
deadline to request services would be most beneficial to staff.
Mr. Wimer asked that Council continue to review the proposed draft policy and
offer suggestions. He will continue work on the proposed policy and report back
to them at a later date.
7. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Rogers to adjourn the meeting at 4:32 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
ATTEST:
4 C>JG`v`ic s2L 4
LaDonna Floyd, City Clerk'
City of Nederland, Texas
R. A. Nugent, ayor
City of Neder and, Texas
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024
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Robert Sawyer
Council Member
Billy Neal
Council Member
Judy Radcliff
Council Member
Bert Rogers
Council Member
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
V/
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
Mike Lovelady
Fire Chief
V/
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
R. A. Nugent, or
LaDonna Floyd, City Clerk
Date
u
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025
REGULAR MEETING OF THE CITY COUNCIL OF THE
ICITY OF NEDERLAND
6:00 p.m.
CALL MEETING TO ORDER
January 24, 2005
The regular meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at
the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilmember Neal and seconded by Councilmember
Rogers to approve the minutes of the regular meeting of January 10, 2005, and
the special meeting of January 17, 2005 as written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
3. PRESENTATION
Rick Williams, on behalf of the Jefferson County Chambers of Commerce,
reported on the upcoming Jefferson County Days in Austin, Texas, during this
legislative session. In the past there have been Port Arthur Days and Beaumont
Days but nothing to include the Mid - County area. He stated that this is a joint
effort between all of the Chambers of Commerce in Jefferson County. Jefferson
County Days will be held February 13 -15 in Austin. Some of the scheduled
activities include a golf tournament, a breakfast, and an evening dinner. Mr.
Williams encouraged the City's participation in this first time event.
WAIVER
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Neal 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 Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
5. GRANT
A motion was made by Councilmember Radcliff and seconded by Mayor Nugent
to authorize the submission of a grant to the Seawell Elam Foundation for the
Marion & Ed Hughes Public Library. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
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Minutes continued, January 24, 2005
CONTRACTS /AGREEMENTS
A motion was made by Councilmember Neal and seconded by Mayor Nugent to
approve a proposal from DSR & Associates for the South 5th Street water tower
inspection as follows: inspection & report, $1,750.00; plans, specs & contractor
selection, $1,350.00; and, field inspection during field work, $1,500.00 to
$2,100.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern
Sawyer to approve an Interlocal Agreement with the City of Pearland to utilize the
contract previously awarded by Pearland for the purchase and installation of
radio -read water meters. MOTION CARRIED,
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
HEALTH INSURANCE
A motion was made by Councilmember Radcliff and seconded by Mayor Nugent
to approve a contract with City- County Benefits Services to assist with the
preparation and evaluation of bids for employee health insurance, dental
insurance, and long -term disability. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to appoint Terry Hale of City - County Benefits Services
as the agent of record for the purpose of managing the competitive bid process
for employee group benefits. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Sawyer to approve a Business Associate Agreement with City- County Benefits
Services as required by HIPAA regulations. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
BIDS /PURCHASES
A motion was made by Councilmember Rogers and seconded by
Councilmember Radcliff to approve the purchase of a surveillance system using
solid waste funding from the South East Texas Regional Planning Commission
from Kimmons Security Services, Inc., Houston, TX, in the amount of
$14,500.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
Minutes continued, January 24, 2005
9. RESOLUTION
A motion was made by Mayor Pro Tem Sawyer and seconded by
Councilmember Neal to approve Resolution 2005 -02, calling for an election to be
held May 7, 2005 for the purpose of election two (2) Councilmembers — one from
Ward I and one from Ward III, and appointing a Presiding Judge, Alternate
Presiding Judge, and Clerk for Early Voting and Presiding Judge of the Central
Counting Station. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
10. CHANGE ORDERS
A motion was made by Councilmember Radcliff and seconded by
Councilmember Rogers to approve the following change orders with Excavators
& Constructors, Inc., Area 3 drainage improvements: Change Order No. 2,
Option I in the amount of +$6,950.00; Change Order No. 2, Option II in the
amount of +$13,900.00; and Change Order No. 3, Option II in the amount of
+$4,515.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
11. PAYMENTS
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent
to approve payments to d.p. Consulting Engineers, Inc. as follows: $2,399.00,
upper Main "C" drainage improvements; and, $2,132.50, Boston Avenue
rehabilitation project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Neal and seconded by Mayor Nugent to
approve payments to Excavators & Constructors, Inc. as follows: $16,773.81,
Area 3 drainage improvements, Option ll; and, $151,803.09, Area 3 drainage
improvements. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
12. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
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Minutes continued, January 24, 2005
13. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reminded Council about the training session to be '
conducted on Saturday, January 29`h, for the Planning and Zoning Commissions
of the Cities of Nederland, Port Neches, and Groves. He invited them to attend
the training that will be held at the Nederland City Hall. Mr. Wimer reported
that roof repairs were begun today on the pavilion at Doornbos Park. Mr. Wimer
added that he has been questioned by several people regarding the street
lighting on Boston Avenue and the need to continue to utilize the pole lighting.
He stated that the ornamental lights appear to be enough lighting and many feel
that it would be more appealing if the pole lights were turned off. Mr. Wimer
talked to Entergy and they have indicated that they can disconnect them
temporarily until a definite determination can be made on whether they are
needed.
14. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Mayor Pro Tern Sawyer to adjourn the meeting at 6:55 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
R. A. Nugen ayor
City of Nederland, Texas
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Bert Rogers
Council Member
X
Andre Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Lois Coco
Acting 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
R. A. Nugent, Ywyor
o
ILaDonna Floyd, City Clerk
January 24, 2005
Date
030
RESOLUTION 2005 -02
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS CALLING A
GENERAL ELECTION ON SATURDAY, MAY 7,
2005; 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 7, 2005 there shall be elected the following
officials for this City:
One (1) Council member, Ward I
One (1) Council member, Ward III
WHEREAS, the laws of the State of Texas and the Charter of the City of
Nederland further provide that the Election Code of the State of Texas is
applicable to said election, and in order to comply with said Code, a resolution
should be passed establishing the procedure to be followed in said election, and
designating the voting place for said election.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
That all independent candidates at the election to be held on the first
Saturday in May, 2005, 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 than the sixty- second (62nd) days before
the election or earlier than the 915` day before the date of the filing deadline in
-accordance with Election Code Sec. 143.006 and 143.007. The earliest date for
a candidate to file same will be February 5, 2005, which is a Saturday, therefore,
will be moved to the next regular business day, February 7, 2005 at 8:00 a.m.,
with the last day for filing to be March 7, 2005 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 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 Harriet Shipman 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.
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The polls at the above designated polling place shall on said election day I
be open from 7:00 a.m. to 7:00 p.m.
LaDonna Floyd is hereby appointed Clerk for Early Voting. The Early
Voting for the above designated election shall be at the Nederland City Office
Building, 1400 Boston Avenue, Nederland, Texas, and said place of Early Voting
shall remain open for at least eight (8) hours on each day for Early Voting which
' is not a Saturday, Sunday, or an official State holiday, beginning on the
seventeenth (17`h) day and continuing through the fourth (4") 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 Sec. 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 accessible to the general public, and said notice having
been posted and remaining posted continuously for at least 72 hours preceding
the scheduled time of said meeting.
PASSED, APPROVED AND ADOPTED this 24th day of January, 2005.
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R. A. N den , ayor
City of Nede and, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, My Attorney
City of Nederland, Texas
1
P, . -II
032-
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND ,
3:00 p.m. February 14, 2005
1. MEETING
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Neal to approve the minutes of the January 24, 2005 meeting as
written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
REQUEST
Randy Hutchinson, Manager of the State and Local Taxes Division of Sunoco, ,
Inc., addressed the Council relative to a request for an ad valorem tax
abatement. In accordance with the industrial district agreement signed in 2004
all tax abatement requests are to be submitted to the City Council for
consideration. Mr. Hutchinson stated that they are planning to construct a new
400,000 barrel tank which will increase the Terminal's revenue generating
capacity to store crude oil and petroleum products for their customers.
The bid process is underway and the contract specifications with the successful
bidder will encourage use of local subcontractors and materials suppliers to the
greatest extent possible. The estimated project cost is $4.2 million. The project
should be completed in the 4`h quarter of 2005.
A motion was made by Councilmember Radcliff and seconded by
Councilmember Rogers to approve a request from Sunoco Partners Marketing &
Terminals, L.P. for an ad valorem tax abatement. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
4. AUDIT
Brad Brown, Edgar, Kiker and Cross, PC, reviewed the FY 2003 -2004 audit. Mr.
Brown stated that they issued an "unqualified opinion" which is the highest
possible. He commended Cheryl Dowden, Director of Finance, and City staff for
their assistance in conducting the audit. I
Minutes continued, February 14, 205
A motion was made by Mayor Pro Tern Sawyer and seconded by
' Councilmember Rogers to accept the FY 2003 -2004 audit as prepared by Edgar,
Kiker & Cross P.C. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
5. INVESTMENT REPORT
Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report
for the quarter ending December 31, 2004.
A motion was made by Councilmember Rogers and seconded by
Councilmember Radcliff to accept the Quarterly Investment Report as presented
by the Finance Department. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
6. STREETS AND SIDEWALKS
A motion was made by Councilmember Radcliff and seconded by Mayor Nugent
to authorize the closure of various City streets for Nederland Heritage Festival
activities. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
CONTRACTS /AGREEMENTS
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to approve amending the Lease Agreement for use of a
City building located at 908 Boston Avenue. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
LIBRARY
A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern
Sawyer to authorize the hiring of a consultant to evaluate the Marion & Ed
Hughes Public Library. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
9. DOIIMM I %J
Philip Klein, Chairman of the Audit/Legal Committee of the Nederland Volunteer
Department, 'thanked the Council for agreeing to accept the rescue truck from
their organization. He added that although the passed year has been difficult
they are eager to move forward and continue their efforts to assist with the
protection of the community. Mr. Klein added that the NVFD will have an item
on their agenda for the April meeting to retain their 501(c)3 status.
Minutes continued, February 14, 2005
Richard Hughes, City Attorney, advised that the acceptance of the vehicle is to
be a part of the settlement for the pending litigation of the NVFD. He suggested
that the Council accept the vehicle contingent upon receiving documentation of
the settlement agreement and attorney fees.
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to accept a 2003 Ford F -550 Super Duty rescue truck from the Nederland
Volunteer Fire Department contingent upon receipt of written settlement
agreement between the City of Nederland and the Nederland Volunteer Fire
Department. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
10. GRANT
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Radcliff to authorize the submission of an application to the
Federal Emergency Management Administration /Department of Homeland
Security for the 2005 Assistance to Fire Fighters Grant. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
11. CHANGE ORDER
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to approve Change Order No. 1 in the amount of $49,760.00 with Brystar
Contracting, Inc., sewer line replacement. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
12. STREETS AND SIDEWALKS
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Neal to authorize the installation of a street light on South 151'
Street between Avenue K and Avenue M. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
13. POLICIES AND PROCEDURES
Andre' Wimer, City Manager, stated that he placed the discussion of special
events, street closures, and requests for city services and equipment on the
agenda in the event that anyone had suggestions. No directions were given to
the City Manager at this time for a proposed policy, therefore, he asked that they
continue to review it and offer suggestions.
1
Minutes continued, February 14, 2005
14
15.
PAYMENTS
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to approve payment of the bills for the month of January.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
EXECUTIVE SESSION
The regular meeting was recessed at 4:05 p.m. by Mayor Nugent for the purpose
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.074, discuss personnel — James Harvey; and discuss personnel —
Mike Lovelady; Chapter 551.072, discuss acquisition, exchange, sale, and /or
release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf
States, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company
from ratesetting actions of the Cities of Nederland, Port Neches, and Groves;
and, consultation with City Attorney.
16. RECONVENE
17
18.
The regular meeting was reconvened at 6:25 p.m. by Mayor Nugent. He
announced that the Executive Session was held for informational purposes only.
OFFICIALS' COMMENTS
Andre' Wimer, City Manager, noted that the Fire Department received a donation
from Sunoco to be used for training. He added that the agreement for the
purchase of the electronic meters with the City of Pearland will be on their
agenda today and the City's financial advisor, Jim Gilley, has recommended that
we use tax notes to fund the project. The duration of the notes will be seven
years with an annual payment of approximately $260,000. This will be on the
next agenda for Council consideration. Revenues are expected to increase with
the electric meters and should provide for the annual payment.
ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Rogers to adjourn the meeting at 6:38 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
R. A. Nugent, or
LaDonna Floyd, City Cle k
n P7
L
P, 'jd
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Robert Sawyer
Council Member
/
Billy Neal
Council Member
✓
Judy Radcliff
Council Member
Bert Rogers
Council Member
c�
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
v�
Mike Lovelady
Fire Chief
Cheryl Dowden
Steve Hamilton
Director of Finance
Director of Public Works
i1
Rod Hatch
Building Official
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
n n n
KR. A. Nugent, yor
LaDonna Floyd, City Clerk
07- % Li _
Date
1
u
437
RA "pick" hugeni. Mayw
Robert Sawyer, t�.Mayor Pao ten,
Lilly Neal. CAIanrihr+ar w
City of Nederland RarJCmco„m,�
Andrd "Mimes, CityMarmgor
P.U. Box 967 • Nodarlaed. Toxas 77627 • (409) 723.1503 - FAX (409) 723 -1550
Investment Report
For the Quarter Ending December 31, 2004
'['his report has been prepared in accordance with the Public Funds Investment Act (Section
2256.023, lGovarnment rode), which requires that a quarterly report be submitted to City
Council dctailing investment transactions and performance for the reporting period.
SubnliL -�d by the Investment Officers of the City of Nederland
' Andre' Wimer, City Manager
1
6"'J"
Cheryl LYowdcrt, Director of Finance
" r(wi Ct i n inrr'6sir, for Pm ress"
3 c,
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending Dccember 31, 2004
Investments at Beginning of Period (10 -i -04)
Purchases
Maturities
Investments at End of Period (12- 33 -04)
Maturity Summary at December 31, 2004 1
$4,896,762.94
23,157.30
0.00
$4.911—)920,24
u Less than 3 months
=� 9 to 12 months IT..
1
1
I
I
1
City of Nederland
Summary of Account Activity
ToW Portfolio - All Accounts
For Quarter Ending December 31, 2004
General Fund
Ubrary Fund
Water & Sewer Fund
Motel Occupancy Tax Fund
Solid Waste Fund
Capital Outlay Fund
Police Narcotics Fund
SRF Escrow & Construction Funds
MCML Dispatch
Parks & Recreation Fund
Equipment Replacement Fund
Bond Redemption Fund
Balance @
Balance @'
10-1-04
Purchases
Maturities 12-31-04
$3,523,644.00
$16,697.92
$3,540,341.92
28,807.57
89.09
28.996.66
1,069,513.69
5,063.49
1,073,577.18
10,307.95
48.83
10,356,68
692.67
3.27
695.94
374.44
1,80
376,24
39,955.81
188.86
40,044.67
157,147.60
744.70
157,892.30
631.67
2,99
634.66
21.12
0.01
21.13
48.92
0.14
49.06
66.717,60.
316-20
67, 033,80
;123j51.30
50.00
Fund Allocation at 13, :ek6W-31, 2004
A'S
(I .6%) Othcr
(3,2%) GRF E=av Fund
(1.444) Bond r4tdomption Fund
Water B SownxfurM
039
040
Investment Report Schedule
Investments for the Quarter ended December 31, 2004 '
CERTIFICATES OF DEPOSIT
Interest Earned for
Certificate Purchase Maturity Days to Interest Face Quarter ended
Number Date Date be held Rate Amount December 31, 2004
Held at December 31, 2004
Library Special Fund 2307082 01/05/04 01/04/05 365 1.34% 10,000.00 23.92
Total Interest Earned on CDs for the quarter ended December 31, 2004 $
Total Certificates of Deposit held at December 31, 2004 $ 10,000.00
1
1
1
1
1
Investment Report Schedule
Investments for the Quarter ended December 31, 2004
041
INVESTMENT POOL - TEXPOOL
Average
Days to
Interest
Market
Interest
Period
Held
Maturity
Rate
Principal
Earned
Book Value
General Fund
10/01/04
12/31/04
1
1.82%
$3,523,644.00
$16,697.92
$3,540,341.92
Water & Sewer
10/01/04
12/31/04
1
1.82%
1,068,513.69
5,063.49
1,073,577.18
Bond Redemp.
10/01/04
12/31/04
1
1.82%
66,717.60
316.20
67,033.80
Capital Outlay Fund
10/01/04
12/31/04
1
1.82%
374.44
1.80
376.24
Motel Occupancy
10/01/04
12/31/04
1
1.82%
10,307.85
48.83
10,356.68
Library Special
10/01/04
12/31/04
1
1.82%
18,807.57
89.09
18,896.66
Solid Waste Fund
10/01/04
12/31/04
1
1.82%
692.67
3.27
695.94
SRF Construction Fund
10/01/04
12/31/04
1
1.82%
157,147.60
744.70
157,892.30
MCML Dispatch
10/01/04
12/31/04
1
1.82%
631.67
2.99
634.66
Police Narcotic Fund
10/01/04
12/31/04
1
1.82%
39,855.81
188.86
40,044.67
Parks & Recreation Fund
10/01/04
12/31/04
1
1.82%
21.12
0.01
21.13
Equipment Replacement Funds
10/01/04
12/31/04
1
1.82%
48.92
0.14
49.06
Totals for TEXPOOL Investments $4,886,762.94 $23,157.30 $4,909,920.24
042
1
Investment Report Schedule
Investments
for the Quarter ended December 31, 2004
INTEREST EARNED ON DEMAND
DEPOSITS
Average
Interest Earned
Days to
Interest
Quarter ended
Period
Held
Maturity
Rate December 31, 2004
Bond Redemp.Fund
10/01/04
12/31/04
1
1.58%
117.66
Court Technology Fund
10/01/04
12/31/04
1
1.58%
1.96
Drainage Construction Fund
10/01/04
12/31/04
1
1.58%
1,383.05
Equipment Replacement Funds
10/01/04
12/31/04
1
1.58%
697.25
General Fund
10/01/04
12/31/04
1
1.58%
2,869.89
Library Special Fund
10/01/04
12/31/04
1
1.58%
47.50
Motel Occupancy Fund
10101104
12/31/04
1
1.58%
7.38
Parks & Rec. Fund
10/01/04
12/31/04
1
1.58%
21.56
Police Narcotic Fund
10/01/04
12/31/04
1
1.58%
162.42
Solid Waste Fund
10/01/04
12/31/04
1
1.58%
1,275.20
SRF Construction & Escrow Fund:
10/01/04
12/31/04
1
1.58%
290.96
SSES Fund
10/01/04
12/31/04
1
1.58%
968.16
W & S Certificate Fund
10/01/04
12/31/04
1
1.58%
138.96
Water & Sewer Fund
10/01/04
12/31/04
1
1.58%
1,004.00
Wastewater Construction Fund
10/01/04
12/31/04
1
1.58%
2,454.15
$11,440.10
1
1
1
Investment Report Schedule
December 31, 2004
Interest Earnings for Quarter Ended December 31, 2004
Bond Redemption Fund
$433.86
Capital Outlay Fund
1.80
Court Technology Fund
1.96
Drainage Construction Fund
1,383.05
Equipment Replacement Funds
697.39
General Fund
19,567.81
Library Special Fund
160.51
MCML Dispatch
2.99
Motel Occupancy Tax Fund
56.21
Parks & Recreation Special Fund
21.57
Police Narcotic Account
351.28
Solid Waste Fund
1,278.47
SRF Escrow & Construction Funds
1,035.66
SSES Fund
968.16
W & S Certificate Fund
138.96
Wastewater Construction Fund
2,454.15
Water & Sewer Fund
6,067.49
$34,621.32
1 J J
044
REGULAR MEETING OF THE CITY COUNCIL OF THE I
CITY OF NEDERLAND
6 :00 p.m. February 28, 2005
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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
Councilmember Rogers to approve the minutes of the February 14, 2005
meeting as written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
3. REPORT
Darrell Bush, Chief of Police, reviewed the racial profiling report as required by '
Senate Bill 1074.
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent
to accept the report as presented. See attached. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
4. ORDINANCES
A motion was made by Councilmember Radcliff and seconded by
Councilmember Neal to approve Ordinance No. 2005 -04, adopting the 2003
edition of the International Fuel Gas Code. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Mayor Pro
Tern Sawyer to approve Ordinance No. 2005 -05, adopting the 2003 edition of the
International Plumbing Code. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent I
to approve Ordinance No. 2005 -06, adopting the 2003 edition of the International
Mechanical Code. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
Minutes continued, February 28, 2005
A motion was made by Councilmember Neal and seconded by Mayor Nugent to
approve Ordinance No. 2005 -07, adopting the 2005 version of the National
Electrical Code. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
5. WATER AND WASTEWATER
Andre' Wimer, City Manager, reported that City staff has proposed that Tax
Notes be utilized to fund the installation of radio read water meters throughout
the City. The amount of the issue will be $1.6 million which, based on staff
estimates, is anticipated to cover all installation and inspection costs. The annual
debt service requirements, approximately $265,000, associated with the Tax
Notes will be paid by water and sewer system revenues. It is anticipated that
work will begin in May and take 9 -12 months to complete.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to authorize with proceeding with issuance of City of
Nederland tax notes, Series 2005. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
6. CHANGE ORDER
A motion was made by Councilmember Radcliff and seconded by
Councilmember Rogers to approve Change Order No. 3 with Excavators &
Constructors, Inc. in the amount of +$10,542.35, drainage improvements, Area 3.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
PAYMENTS
A motion was made by Councilmember Rogers and seconded by
Councilmember Radcliff to approve payments to Excavators & Constructors, Inc.
as follows: $20,875.41, drainage improvements, Area 3; and, $4,751.55,
drainage improvements, Area 3, Option II. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember Radcliff
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
'44
0 4 G Minutes continued, February 28, 2005
9. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported work on the Windmill Museum is ,
progressing, and reminded Council that the Heritage Festival will begin in two
weeks and some of the streets will be closed for special events.
Mayor Pro Tern Sawyer asked about the upcoming disaster drill scheduled in
Beaumont. Mr. Wimer responded that the State will be conducting an
emergency management exercise in Beaumont on March 15 -17. The drill will
involve cities, counties, state agencies, industry, and relief organizations. It will
include several scenarios that will test response capabilities of this area. Mr.
Wimer added that most of the City's department heads will be attending.
10. ADJOURN
There being no further, business, a motion was made by Mayor Nugent and
seconded by Councilmember Rogers to adjourn the meeting at 6:32 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
R. A. ugent, ayor '
City of Neder nd, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
1
A
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Robert Sawyer
Council Member
Ifs
Billy Neal
Council Member
v
Judy Radcliff
Council Member
'S
Bert Rogers
Council Member
r�
Andre Wimer
City Manager
v'
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
a✓
Darrell Bush
Police Chief
°✓
Mike Lovelady
Fire Chief
r/
Cheryl Dowden
Director of Finance
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
A✓
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
R. A. Nugent, or
' LaDonna Floyd, City Clerk
Date
048
Nederland Police Department Senate Bill 1074 Report to Nederland City Council
February 15, 2005
The following report summarizes the activity of the Nederland Police Department as it relates to the '
requirements of Senate Bill 1074. Beginning January 1, 2002, the Nederland Police Department began
collecting data concerning traffic tickets and arrests due to both traffic and pedestrian stops. This report
fulfills the statutory requirement of the Nederland Police Department to report contacts and racial /ethnic
percentage breakdowns to the Nederland City Council by March 1, 2005.
I (Tier 1 Data)
Table 1. General Demographics of Contacts and Searches
RACE/
ETHNICITY'
TICKETS
SEARCHES
CONSENSUAL
SEARCHES
PC FOR
SEARCH
CUSTODY
ARREST
Caucasian
N
%
N
%
N
%
N
%
N
%
Caucasian
1319
89%
6
100%
5
100%
1
100%
65
88%
African
American
124
8.3%
0
0%
0
0%
0
0%
8
11%
Hispanic
13
.9%
1 0
0%
0
0%
0
0%
1
1%
Asian
4
.3%
0
0%
0
0%
0
1 0%
0
0%
Native
American
0
0%
0
0%
0
0%
0
0%
0
0%
Other
22
1.5%
0
0%
0
0%
0
0%
0
0%
Total
1482
100%
6
1 100%
5
100%
1
100%
100%
'Race /Ethnicity are defined by SB 1074 as being of a "particular descent, including Caucasian, African
American, Hispanic, Asian or Native American." '
The percentages in this report will be represented in the total tickets and custody arrests due to traffic
and pedestrian stops as they relate to the racial /ethnic make -up of both Nederland and Jefferson County.
Our belief is the motoring public that occupies the streets of Nederland is more representative of our
County demographics, rather than the race /ethnic make -up of the Nederland City population. Several
factors contribute to this situation. Our City is bisected by two major highway systems and bordered by
another highway. This alone brings many people into our City from other areas. Nederland is also a
significant employer and often those employees drive into and through our City. We feel the racial /ethnic
make -up of Jefferson County will more accurately reflect the motorists that our officers encounter on
traffic related stops.
RACE/
ETHNICITY
NEDERLAND
DEMOGRAPHICS
TICKETS
CONSENSUAL
SEARCHES
PC FOR
SEARCH
CUSTODY
ARREST
Caucasian
89.8%
89%
100%
100%
88%
African American
0.9%
8.3%
0%
0%
11%
Hispanic
6.3%
.9%
0%
0%
10%
Asian
2.1%
.3%
0%
0%
0%
Native American
0.3%
0%
0%
0%
0%
Other
0%
1.5%
0%
0%
0%
RACE/
ETHNICITY
JEFFERSON CO.
DEMOGRAPHICS
TICKETS
CONSENSUAL
SEARCHES
PC FOR
SEARCH
CUSTODY
ARREST
Caucasian
51.8%
89%
100%
100%
88%
African American
33.5%
8.3%
0%
0%
11%
Hispanic
10.5%
.9%
0%
0%
1%
Asian
2.9%
.3%
0%
0%
0%
Native American
0.3%
0% .
0%
0%
0%
Other
0%
1.5%
00%
0%
0%
1
CITY OF NEDERLAND
FUEL GAS CODE
ORDINANCE NO. 2005 -04
AN ORDINANCE OF THE CITY OF NEDERLAND ADOPTING
THE 2003 EDITION OF THE INTERNATIONAL FUEL GAS
CODE, REGULATING AND GOVERNING FUEL GAS SYSTEMS
AND GAS -FIRED APPLIANCES IN THE CITY OF NEDERLAND;
PROVIDING FOR THE ISSUANCE OF PERMITS AND
COLLECTION OF FEES THEREFORE; REPEALING
ORDINANCE NO. 264 OF THE CITY OF NEDERLAND AND ALL
OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN
CONFLICT THEREWITH.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
Section 1. That Ordinance No. 264 of the City of Nederland entitled Gas Ordinance, which has
been codified in the Code of Ordinances, Sec. 18 -101, Sec. 18 -102 and Sec. 18 -103 and all
other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 2. That the Code of Ordinances, City of Nederland, Texas, is hereby amended by
adding a section, to be numbered Sec. 18 -101, which section reads as follows:
That a certain document, which is on file in the office of the Chief Building Official
of the City of Nederland, being marked and designated as the International Fuel
Gas Code, 2003 edition as published by the International Code Council, be and
is hereby adopted as the Fuel Gas Code of the City of Nederland, State of Texas
' for regulating and governing fuel gas systems and gas -fired appliances as herein
provided; providing for the issuance of permits and collection of fees therefore;
and each and all of the regulations, provisions, penalties, conditions and terms of
said Fuel Gas Code on file in the office of the Chief Building Official are hereby
referred to, adopted, and made a part hereof, as if fully set out in this ordinance,
with the additions, insertions, deletions and changes, if any, prescribed in Section
2 of this Ordinance.
1
Section 3. That the Code of Ordinances, City of Nederland, Texas, is hereby amended by
adding a section, to be numbered Sec. 18 -102, which section reads as follows:
Section 101.1 of the International Fuel Gas Code is amended by adding "City of
Nederland" in the blank provided.
Section 106.5.2 of the International Fuel Gas Code is amended by adding a schedule of
fees to read as follows:
Fuel Gas Fee Schedule
Fee for issuing permit
$ 10.00
Water Heaters
2.75 each
Small Heaters
2.75 each
Gas Fireplace
2.75 each
Gas Ranges
2.75 each
Gas Engines
2.75 each
Hot Air furnaces
2.75 each
Boilers
5.00 each
Heating Units
5.00 each
Floor Furnace
5.00 each
Special Piping
5.00 each
Re- inspection
11.00 each
One(1) to four (4) outlets
5.00
Each additional outlet
1.00 each
050
Section 106.5.3 of the International Fuel Gas Code is amended by adding "100 %" in
both blanks provided.
Section 108.4 of the International Fuel Gas Code is amended to read:
108.4 Violation penalties. Any person who shall violate a provision of this Code or
shall fall to comply with any of the requirements thereof or who shall erect, install, alter
or repair plumbing work in violation of the approved construction documents or directive
of the Chief Building Official, or of a permit or certificate issued under the provisions of
this Code, shall be guilty of a misdemeanor, punishable by a fine of not more than
$500.00. Each such person shall be deemed guilty of a separate offense for each day
or portion thereof during which any violation of any of the provisions of such Code is
committed, or continued, and upon conviction of any such violation such person shall be
punished as provided in Section 1 -4 of the Code of Ordinances, City of Nederland,
Texas.
Section 108.5 of the International Fuel Gas Code is amended by adding "$100.00" in the
first blank and "$500.00" in the second blank provided.
Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance, or the
application of same to a particular set of circumstances or persons should for any reason be
held to be invalid, such invalidity shall not effect the remaining portions 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. That nothing in this Ordinance or in the Fuel Gas Code hereby adopted shall be
construed to affect any suit or proceeding impending in any court, or any rights acquired, or
liability incurred, or any cause or causes of action acquired or existing, under any act or
Ordinance hereby repealed as cited in Section 2 of this Ordinance; nor shall any just or legal
right or remedy of any character be lost, impaired or affected by this ordinance.
Section 6. That the Nederland City Clerk shall certify to the adoption of this Ordinance, and
cause the same to be published as required by law.
WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and
publication of the caption of this Ordinance. /I�
PASSED AND APPROVED this the o g day of OCR. LIA 2005.
Jima
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R. A. Nugent,601ayor
City of Nederland, Texas
ATTEST:
40AI's-, <� I f 4 �
LaDonna Floyd, City_Cierk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
4L�
Richard D. Mughes, (39ty Attorney
City of Nederland, Texas
1
CITY OF NEDERLAND
PLUMBING CODE
ORDINANCE NO. 2005 -05
AN ORDINANCE OF THE CITY OF NEDERLAND ADOPTING
THE 2003 EDITION OF THE INTERNATIONAL PLUMBING
CODE, REGULATING AND GOVERNING THE DESIGN,
CONSTRUCTION, QUALITY OF MATERIALS, ERECTION,
INSTALLATION, ALTERATION, REPAIR, LOCATION,
RELOCATION, REPLACEMENT, ADDITION TO, USE OR
MAINTENANCE OF PLUMBING SYSTEMS IN THE CITY OF
NEDERLAND, PROVIDING FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES THEREFORE; REPEALING
ORDINANCE NO. 263C OF THE CITY OF NEDERLAND AND
ALL OTHER ORDINANCES AND PARTS OF THE
ORDINANCES IN CONFLICT THEREWITH EXCEPT FOR
SECTION 16 -54 OF THE CITY OF NEDERLAND CODE OF
ORDINANCES.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
Section 1. That Ordinance No. 263C of the City of Nederland entitled Plumbing Ordinance,
which has been codified in the Code of Ordinances, Sec. 18-51, Sec. 18 -52, and Sec. 18 -53 and
all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 18-
54 entitled "Water conserving features in new and replacement plumbing" shall remain in effect.
' Section 2. That the Code of Ordinances, City of Nederland, Texas, is hereby amended by
adding a section, to be numbered Sec. 18 -51, which section reads as follows:
Sec. 18 -51. Code adopted.
That a certain document on file in the office of the Chief Building Official of the City of
Nederland, being marked and designated as the International Plumbing Code, 2003
edition, including Appendix Chapters E and F as published by the International Code
Council, be and is hereby adopted as the Plumbing Code of the City of Nederland, in
the State of Texas regulating and governing the design, construction, quality of
materials, erection, installation, alteration, repair, location, relocation, replacement,
addition to, use or maintenance of plumbing systems as herein provided; providing
for the issuance of permits and collection of fees therefore; and each are hereby
referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with
the additions, insertions, deletions, and changes, if any, prescribed in Section 3 of
this Ordinance.
Section 3. That the Code of Ordinances, City of Nederland, Texas is hereby amended by
adding to section, to be numbered sec. 18 -52, which section reads as follows:
Sec. 18 -52 Amendments
Section 101.1. of the International Plumbing Code is amended by adding "The City of
Nederland" in the blank provided.
Section 106.4. of the International Plumbing Code is amended to include a new section
106.4.1 to read as follows:
"Section 106.4.1 Bond Required: Before any person, firm or corporation shall do any
business of plumbing in the City, he, it, or they shall first obtain the proper license and
' deposit with the City a good and sufficient bond in the sum of $2,000.00 or provide a
copy of their certificate of insurance in the amount of $300,000.00 or more, conditioned
that the person, firm, or corporation engaged in the plumbing business will faithfully
observe all the laws pertaining to plumbing, further, that the City shall be indemnified
and saved harmless from all claims arising from accidents and damage of any character
whatsoever caused by the negligence of such person, firm, or corporation engaged in
the plumbing business, or by any other inadequate work done either by themselves or
their agents or employees."
05
Section 106.6.2. of the International Plumbing Code is amended by adding a schedule of
fees to read as follows:
Plumbing Permit Fee Schedule
Fee for issuing permit
$11.00
Toilets
2.75
Tubs
2.75
Lavatories
2.75 each
Sinks
2.75 each
Urinals
2.75 each
Showers
2.75 each
Water Heaters
5.50 each
Water Lines
2.75
Sewer Lines
5.50
Floor Drains
2.75 each
Washing Machines
2.75 each
Air Condition Drain
2.75 each
Drink Fountains
2.75 each
Under - counter Grease Traps
3.00 each
Grease Trap up to 500 gallons
4.00 each
Grease Traps over 500 gallon
5.00 each
Sinks in Caf4 or Restaurant Single
2.75 each
2 compartment
3.30 each
3 compartment
4.40 each
Dental Chairs
5.00 each
Wash Racks for Garages
5.00 each
Dish Washers
2.75 each
Glass Washers
2.75 each
Laundry Tray
2.75 each
Garbage Disposal
2.75 each
Service Sink
2.75 each
Lawn Sprinkler System
25.00
Re- inspections
11.00
'Overtime inspections
55.00
'Any inspection required to be made before or after normal business hours and/or on
weekends and holidays.
Section 106.6. of the International Plumbing Code is amended by adding "100 %"
in both blanks provided.
Section 108.4. of the International Plumbing Code is amended to read:
"108.4 Violation penalties. Any person who shall violate a provision of this
Code or shall fall to comply with any of the requirements thereof or who shall
erect, install, alter or repair plumbing work in violation of the approved
construction documents or directive of the Chief Building Official, or of a permit or
certificate issued under the provisions of this Code, shall be guilty of a
misdemeanor, punishable by a fine of not more than $500.00. Each such
person shall be deemed guilty of a separate offense for each day or portion
thereof during which any violation of any of the provisions of such Code is
committed, or continued, and upon conviction of any such violation such person
shall be punished as provided in Section 1 -4 of the Code of Ordinances, City of
Nederland, Texas.
In addition to the fines, the City may terminate water service to any user for
allowing raw sewage to be deposited under or around any structure. Once the
sewer system has been properly repaired, a reconnection and service fee may
be charged in order for the service to be turned back on ".
Section 108.5. of the International Plumbing Code is amended by adding "$100.00" in
the first blank and "$500.00" in the second blank provided.
Section 305.6.1. of the International Plumbing Code is amended by adding "12 inches"
in both blanks provided.
Section 605.4. of the International Plumbing Code is amended to add a new section
605.4.1. to read as follows:
Section 605.4.1. Underground inaccessible water distribution piping under a slab shall
be copper water tube minimum type "L" without joints or fittings.
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Section 702.2. of the International Plumbing Code is amended to read:
"Section 702.2. Underground building sanitary drainage and vent pipe. All sanitary
' drainage and vent piping for building drain or building sewer to be schedule 40 PVC or
better, cast iron, or copper tube ".
Section 702.3. of the International Plumbing Code is amended to read:
"Section 702.3. Building sewer pipe. Building sewer piping shall be a minimum of four
inches in diameter and shall be Schedule 40 PVC DWV pipe and fittings, cast iron, or
copper pipe and fittings. Six inch and larger sewer pipe may be SDR 26 or better ".
Section 904.1. of the International Plumbing Code is amended to add "6 inches" in the
blank provided.
Section 916. of the International Plumbing Code is amended to include the following
statement:
"Every building shall have a minimum of one, three inch main vent that is either a vent
stack or stack vent. Such vent shall run undiminished in size and as directly as possible
from the building drain through to the open air at least six inches above the roof."
Section 917.3. of the International Plumbing Code Is amended to read:
"Section 917.3. Where permitted. Air admittance valves will be allowed only with the
specific approval from the Chief Building Official and only in areas where taking a vent to
the outside would be either impossible or impractical."
Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance, or the
application of same to a particular set of circumstances or persons should for any reason be
held to be invalid, such invalidity shall not effect the remaining portions 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. That nothing in this Ordinance or in the International Plumbing Code hereby
adopted shall be construed to affect any suit or proceeding impending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing, under any
act or Ordinance hereby repealed as cited in Section 2 of this Ordinance; nor shall any just or
legal right or remedy of any character be lost, impaired or affected by this Ordinance.
Section 6. That the Nederland City Clerk shall certify to the adoption of this ordinance, and
cause the same to be published as required by law.
WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and
publication of the caption of this Ordinance.
PASSED AND APPROVED this the day of 2005.
-At-
R. A. Nruge Mayor
City of Nederland, Texas
ATTEST:
L Daa Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
A,
' Richard D. Hughes, Zity Attorney
City of Nederland, Texas
c .
r7�1 L.
CITY OF NEDERLAND
MECHANICAL CODE
ORDINANCE NO. 2005 -06
AN ORDINANCE OF THE CITY OF NEDERLAND
ADOPTING THE 2003 EDITION OF THE
INTERNATIONAL MECHANICAL CODE, REGULATING
AND GOVERNING THE DESIGN, CONSTRUCTION,
QUALITY OF MATERIALS, ERECTION, INSTALLATION,
ALTERATION, REPAIR, LOCATION, RELOCATION,
REPLACEMENT, ADDITION TO, USE OR
MAINTENANCE OF MECHANICAL SYSTEMS IN THE
CITY OF NEDERLAND, PROVIDING FOR THE
ISSUANCE OF PERMITS AND COLLECTION OF FEES
THEREFORE; REPEALING ORDINANCE NO. 263C OF
THE CITY OF NEDERLAND AND ALL OTHER
ORDINANCES AND PARTS OF THE ORDINANCES IN
CONFLICT THEREWITH.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
Section 1. That Ordinance No. 1994 -13 of the City of Nederland entitled Mechanical
Ordinance, which has been codified in the Code of Ordinances, Sec.18 -76, Sec. 18 -77
and Sec. 18 -78 and all other ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 2. That the Code of Ordinances, City of Nederland, Texas, is hereby amended
by adding a section, to be numbered Sec. 18 -76, which section shall read as follows:
Sec. 18 -76. Code adopted.
That a certain document on file in the office of the Chief Building Official of
the City of Nederland, being marked and designated as the International
Mechanical Code, 2003 edition, as published by the International Code
Council, be and is hereby adopted as the Mechanical Code of the City of
Nederland, in the State of Texas regulating and governing the design,
construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use or maintenance of
mechanical systems as herein provided; providing for the issuance of permits
and collection of fees therefore; and each are hereby referred to, adopted,
and made a part hereof, as if fully set out in this ordinance, with the additions,
insertions, deletions, and changes, if any, prescribed in Section 3 of this
Ordinance.
Section 3. That the Code of Ordinances, City of Nederland, is hereby amended by
adding a section, to be numbered Sec. 18 -77, which section shall read as follows:
Sec. 18 -77. Amendments.
Section 101.1. of the International Mechanical Code is amended by adding 'The
City of Nederland" in the blank provided.
Section 106.5.2 of the International Mechanical Code is amended by adding a
schedule of fees to read as follows:
Mechanical Permit Fee Schedule
Fee for issuing permit: $10.00
Heating, ventilation, air conditioning, ductwork and
Refrigeration $10.00 for first $1,000 or fraction thereof
Plus $2.00 for each additional $1,000 or fraction thereof
Repairs, alterations and additions to existing systems 5.00
Fee for inspecting boilers (based upon BTU input):
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33,000 BTU (1 BHP) to 265,000 BTU (5BHP) 5.00
265,001 BTU (5BHP) to 330,000((10 BHP) 10.00
' 330,001 BTU (10 BHP) to 1,165,000 (52 BHP) 15.00
1,165,001 BTU (52 BHP) to 3,300,000 (98 BHP) 25.00
Over 3,300,000 BTU 35.00
Re- inspection of heating, ventilating, air conditioning or
refrigeration: 11.00
Temporary operation inspection Fee: 11.00
(This fee will be charged when a preliminary inspection is requested for
temporary operation of heating, ventilation, refrigeration, or air conditioning. If
the system is not approved on the first inspection, the usual re- inspection fee
shall be charged for each subsequent preliminary inspection.) In all buildings,
except one and two family dwellings, where self- contained air conditioning units
of less than two tons are to be installed, the fee charged shall be that for the total
cost of all units combined.
Overtime inspections' 55.00
"Inspection required to be made before or after normal business hours
and/or on weekends and holidays.
Section 106.5.3 is amended by adding " 100 %" in both blanks provided.
Section 4. That if any section, subsection, sentence, clause or phrase of this
Ordinance, or the application of same to a particular set of circumstances or persons
should for any reason be held to be invalid, such invalidity shall not effect the remaining
portions 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. That nothing in this Ordinance or in the International Mechanical Code
hereby adopted shall be construed to affect any suit or proceeding impending in any
court, or any rights acquired, or liability incurred, or any cause or causes of action
acquired or existing, under any act or Ordinance hereby repealed as cited in Section 2 of
this Ordinance; nor shall any just or legal right or remedy of any character be lost,
impaired or affected by this ordinance.
Section 6. That the Nederland City Clerk shall certify to the adoption of this Ordinance,
and cause the same to be published as required by law.
WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and
publication of the caption of this Ordinance.
PASSED AND APPROVED this the day of 2005.
R. A. Nugent, yor
City of Nederland, Texas
Section 108.4. of the International Mechanical Code is amended to read:
"108.4 Violation penalties. Any person who shall violate a provision of this
Code or shall fall to comply with any of the requirements thereof or who shall
erect, install, alter or repair mechanical work in violation of the approved
construction documents or directive of the Chief Building Official, or of a permit or
certificate issued under the provisions of this Code, shall be guilty of a
misdemeanor; and upon conviction of any such violation such person shall be
punished as provided in Section 1 -4 of the Code of Ordinances, City of
Nederland, Texas ".
Section 105.5 of the International Mechanical Code is amended by adding
"$100.00" in the first blank and "$500.00" in the second blank provided.
Section 4. That if any section, subsection, sentence, clause or phrase of this
Ordinance, or the application of same to a particular set of circumstances or persons
should for any reason be held to be invalid, such invalidity shall not effect the remaining
portions 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. That nothing in this Ordinance or in the International Mechanical Code
hereby adopted shall be construed to affect any suit or proceeding impending in any
court, or any rights acquired, or liability incurred, or any cause or causes of action
acquired or existing, under any act or Ordinance hereby repealed as cited in Section 2 of
this Ordinance; nor shall any just or legal right or remedy of any character be lost,
impaired or affected by this ordinance.
Section 6. That the Nederland City Clerk shall certify to the adoption of this Ordinance,
and cause the same to be published as required by law.
WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and
publication of the caption of this Ordinance.
PASSED AND APPROVED this the day of 2005.
R. A. Nugent, yor
City of Nederland, Texas
Irl.l\
CITY OF NEDERLAND
ELECTRICAL ORDINANCE
ORDINANCE NO. 2005 -07
AN ORDINANCE REPEALING ORDINANCE NO. 229 AND
ENACTING, IN LIEU THEREOF, A NEW ORDINANCE REGULATING
ELECTRICAL WORK IN THE CITY OF NEDERLAND, TEXAS;
ADOPTING THE 2005 VERSION OF THE NATIONAL ELECTRICAL
CODE AS ADOPTED AND APPROVED BY THE NATIONAL FIRE
PROTECTION ASSOCIATION; DEFINING CERTAIN TERMS;
PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR THE
ENFORCEMENT OF THIS ORDINANCE, AND THE ISSUANCE OF
PERMITS, AND ESTABLISHING CERTAIN FEES; PROVIDING FOR
SPECIFICATIONS, MATERIALS, AND METHODS OF ELECTRICAL
INSTALLATIONS; REQUIRING AND REGULATING LICENSES FOR
MASTER, JOURNEYMAN, MASTER SIGN, AND MAINTENANCE
ELECTRICIANS; PROVIDING PENALTIES FOR VIOLATION OF THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR REPEAL; AND SETTING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
SECTION 1: That Ordinances No. 229 No. 229A, No. 229C, No. 229D and No. 415, § 1, which
have been codified in the Code of Ordinances, Sec. 18 -201 through 18 -300 are repealed.
SECTION 2: That the Code of Ordinances, ARTICLE VI. ELECTRICITY, is hereby amended
by adding new Sec. 18 -201 through Sec. 18 -241, which reads as follows:
DIVISION 1. GENERALLY
Section 18 -201 Definitions.
As used in this ordinance the following definitions shall apply:
Approved or approval: Approved by the Chief Building Official. National, state, and City
standards shall be the basis of such approval.
Conductor. A wire or cable or other form of metal suitable for carrying electrical current
or potential.
Electrical construction: All work and material used in installing, maintaining, or extending
a system of electrical wiring, and all appurtenances, apparatus, and equipment used in
connection therewith, inside of or attached to any building or structure, lot, or premises.
Electrical contractor, Any person or firm engaged in the business of providing and selling
electrical services. He shall have a permanently established place of business with a published
telephone number. He shall hold a "master electrician's" certificate or shall employ an individual
who does and carry him on his active payroll. A master electrician may not qualify more than
one contractor. He shall be available to the inspection authority to answer any questions
relating to electrical work coming under the jurisdiction of this electrical inspection authority.
Equipment: Conductors, materials, fittings, devices, appliances, fixtures, signs,
apparatus, motors, and the like, used as a part of or in connection with any electrical installation.
Journeyman electrician: Any person who is employed by an electrical contractor, works
under the supervision of a master electrician, and who holds an electrical journeyman's license
with the State of Texas to do electrical work for wages and who does not furnish any materials
or supplies in the performance of his work.
Journeyman Sign Electrician: Any person who is employed by a master sign electrician
to install signs for wages and who does not furnish any materials and supplies in the
performance of his work and who holds an electrical journeyman sign electrician's license with
the State of Texas.
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Maintenance and repair. The act of keeping in a state of safe operating condition any �}
conductor or piece of equipment used inside or outside, attached or connected to any building
' electrical system, by replacement of units or elements thereof, but shall not include extensions
of or additions to an existing system or branch thereof.
Maintenance electrician: An electrician regularly employed on a permanent basis by any
person and who performs work only in the confines of the building or in or on the premises
where he is regularly employed on a permanent basis, and who does maintenance work as
defined in the paragraph "maintenance and repair' and who holds a maintenance electrician's
license with the State of Texas.
Master electrician: Any person who is, by training, experience, and education,
competent to lay out, design, and install a system of wiring for light, heat, or power and who
holds a master electrician's license with the State of Texas.
Master sign electrician: A person who holds himself out to the public to contract for
himself, or through others, manufactures, installs, connects, re- connects, or services electric
signs, or any cold cathode or neon gas tubing, inside or outside of whatever description or for
any purpose and is qualified. The master sign electrician must hold a master sign electrician's
license from the State of Texas. Sign contractors who employ registered sign electricians may
run circuits to the sign if the sign require two (2) circuits or less. If three (3) or more circuits are
required for the sign, these circuits must be installed by a master electrician or a journeyman
electrician working directly under the direction of a master electrician.
Outside electrical work The installing, maintaining, altering, repairing, or erecting of any
electrical wiring, apparatus, devices, appliances, fixtures, or equipment located outside of and
separate from buildings and on poles, towers, or other structures designed or constructed to be
used exclusively for the support of such electrical wiring, apparatus, devices, appliances,
fixtures, or equipment for which a permit is required under the terms of this code, except that
overhead conductors may be attached to buildings.
Person: An individual, association, partnership, corporation, or other entity.
' Plant electrician: Any person holding a master electrician's license, who is carried on the
active payroll of a firm, co- partnership, or corporation for the purpose of performing or
supervising the performance of electrical work on the property of his employer. He shall be
available to the Chief Building Official or his designated representative to answer any questions
relating to electrical work coming under the jurisdiction of this electrical authority.
Registrant: That person who has a current Texas Electrical license and the proper
amount of liability insurance required by the State of Texas and has paid the necessary
registration fees to date, and that his name is carried in the records of the Chief Building Official
as a person authorized to do electrical work as defined in this ordinance.
Responsible person: The person that is responsible for installing electrical wiring and /or
equipment in a structure. This would include a licensed electrician doing residential or
commercial work as well as a homeowner doinc work on his own homestead.
Section 18 -202. Purpose of ordinance.
The purpose of this ordinance is the practical safeguarding of persons, and buildings
and their contents, from electrical hazards arising from the improper use of electricity.
Section 18 -203. Scope of ordinance.
(a) The provisions of this ordinance shall apply to all installations of and work done on
electrical conductors, fittings, devices, motors, controls, appliances, fixtures, electronic devices,
signs and gaseous tubing, herein referred to as electrical equipment, within or on public and
private buildings and premises with exceptions as provided herein.
' (b) On all installations of electrical conductors or equipment hereafter made, and all
existing installations which are altered, or for which the use has changed, all work shall be done
in a manner that will conform with the requirements for a sufficient and safe electrical structure
and system under this ordinance.
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(c) Repair and maintenance work shall be such that if any electrical conductor or
equipment is removed and later replaced, same shall be replaced in accordance with the
provisions of this ordinance. '
Section 18 -204. Applicability of ordinance - public utilities.
The provisions of this ordinance shall not apply to installations made or used by
agencies in the generation, transmission or distribution of electricity, or for the operation of
railways, signal or transmission of intelligence when located within or on buildings, enclosures,
or premises used exclusively by such agency or on public thoroughfare; provided, however,
such agencies excepted are operating under a valid franchise agreement with the City.
Section 18 -205. Signs and gaseous tubing.
This ordinance shall apply to all forms of electrical signs, gaseous tubing, and outline
lighting conductors and equipment. All sign structures, attachments to buildings and
foundations shall be approved by the Chief Building Official as set forth in sections covering the
construction and erection of signs in the building code prior to inspection under this ordinance.
Section 18.206. Use of aluminum wiring - prohibited.
It shall be unlawful for any person within the City to install aluminum wiring in any
residential structure or install aluminum wiring smaller than * 4AWG in any commercial
structure.
Section 18 -207. Equipment standards generally.
(a) All electrical equipment installed or used shall be reasonably safe as determined by
the Chief Building Official, to persons and property in conformity with the provisions ,
of this ordinance, the applicable statutes of the state and any rules or regulations
issued by authority thereof.
(b) Conformity of electrical equipment with the applicable standards of the Underwriters'
Laboratories, Inc., shall be prima facie evidence that such equipment is reasonable
safe to persons and property.
(c) Only standard parts and materials approved by the Underwriters' Laboratories, Inc.,
or by the Chief Building Official shall be permitted in electrical repairs or maintenance
work.
DIVISION 2. ADMINISTRATION
Section 18 -209. Registration; Chief Building Official
(a) Effective September 1, 2004, all master electricians, journeyman electricians, master
sign electricians, and maintenance electricians doing residential or commercial wiring in the City
of Nederland shall be required to hold a valid Texas state electrical license and be currently
registered with the City.
(b) The Chief Building Official shall have the power to suspend or revoke the registration
of any electrician who is found guilty of:
(1) The practice of any fraud or deceit in obtaining such license;
(2) Taking out electrical permits in the name of some person authorized by
law to do electrical work and thereafter permitting a person without a
proper license to do the work;
(3) Any gross negligence, incompetence, or misconduct in the performance ,
of electrical work within the jurisdiction of the City under this ordinance.
(c) Conviction under the provisions of this ordinance shall be deemed just cause for the
revocation of the City registration which such person must have under the provisions of this
ordinance in order to work in the City. Any registration being revoked shall be for a period that
4rC?�1
shall be determined by the Construction Board of Appeals. Reinstatement shall be contingent
upon payment of all current registration fees. The decision of the Construction Board of
' Appeals shall be final, subject however to such remedy as any aggrieved party might have at
law or in equity.
Section 18- 210.1. Decision of the Chief Building Official; Appeals
The owner of the building, structure or service system, or his duly authorized agent, may
appeal a decision of the Chief Building Official to the Construction Board of Appeals whenever
any one of the following conditions are claimed to exist:
1. The Chief Building Official rejected or refused to approve the mode or manner of
construction proposed to be followed or materials to be used in the installation or
alteration of a building, structure or service system.
2. The provisions of this ordinance do not apply to this specific case
3. That an equally good or more desirable form of installation can be employed in any
specific case.
4. The true intent and meaning of this ordinance or any of the regulations there under
have been misconstrued or incorrectly interpreted; or
5. The Chief Building Official denies, suspends, or revokes any permit, registration, or
license authorized by this ordinance.
Section 18- 210.2. Variances.
The Construction Board of Appeals, when so appealed to and after a hearing, may vary
the application of any provision of this ordinance to any particular case when, in its opinion, the
enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose
of this or the technical codes or public interest, and also finds all of the following:
' 1. That special conditions and circumstances exist which are peculiar to the building,
structure or service system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or
inaction of the applicant.
3. That the variance granted is the minimum variance that will make possible the
reasonable use of the building, structure or service system.
4. That the grant of the variance will be in harmony with the general intent and
purpose of this ordinance and will not be detrimental to the public health, safety and
general welfare.
Section 18- 210.3. Conditions of the variance.
In granting the variance, the Construction Board of Appeals may prescribe a reasonable
time limit within which the action for which the variance is required shall be commenced or
completed or both. In addition, the Construction Board of Appeals may prescribe appropriate
conditions and safeguards in conformity with this ordinance. Violation of the conditions of a
variance shall be deemed a violation of this ordinance.
Section 18- 210.4. Notice of Appeal
Notice of appeal shall be in writing to the Construction Board of Appeals and filed within
30 calendar days after the decision is rendered by the Chief Building Official. Appeals shall be
in a form acceptable to the Chief Building Official.
' Section 18- 210.5. Unsafe or dangerous buildings or service systems.
In the case of a building, structure or service system which, in the opinion of the Chief
Building Official, is unsafe, or dangerous, the Chief Building Official may, in his order, limit the
time for such appeals to ten calendar days or less.
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Section 18- 210.6. Decisions.
The Construction Board of Appeals shall meet within 30 calendar days after notice of '
appeal has been received. They shall, in every case, reach a decision without unreasonable or
unnecessary delay. Each decision of the Construction Board of Appeals shall also include the
reasons for the decision. if a decision of Construction Board of Appeals reverses or modifies a
refusal, order, or disallowance of the Chief Building Official or varies the application of any
provision of this ordinance, the Chief Building Official shall immediately take action in
accordance with such decision. Every decision shall be promptly filed in writing in the office of
the City Clerk and shall be open to public inspection. A certified copy of the decision shall be
sent by mail or otherwise to the appellant. Every decision of the Construction Board of Appeals
shall be final, subject however to such remedy as any aggrieved party might have at law or in
equity..
Section 18 -211. Violations and penalties.
A person or entity who violates a provision of this ordinance is guilty of a separate
offense for each day or part of a day during which the violation is committed, continued, or
permitted. Each offense, upon conviction, is punishable by a fine not to exceed Two Thousand
Dollars ($2,000).
DIVISION 3. ELECTRICIANS
Section 18 -212. Registration/license required; false representations of registration.
(a) It shall be unlawful for any person to engage in the business of installing maintaining,
altering or repairing any wiring, fixtures or equipment used for the conducting of electricity for
which a permit is required by this ordinance, or to in any manner undertake to execute such
work, unless such person is the holder of a State of Texas electrical license and a registration
from the City as required by this ordinance.
(b) It shall be unlawful for any person to falsely represent himself as a licensed
'
electrician of any class set forth in this ordinance or to use the words "electrical contractor,"
"master electrician,' or "electrician,' or words of similar import or meaning, on signs, cards,
stationery, or by any other manner whatsoever, unless such person is properly licensed by the
state of Texas within the meaning of this ordinance.
Section 18 -213. Registration classification.
There shall be four (4) classes of State electrical licenses accepted by the City requiring
registration and a fee. These are:
(1) Master electrician;
(2) Master Sign electrician;
(3) Journeyman electrician;
(4) Maintenance electrician.
Section 18.214. Registration; fees; issuance.
Each State licensed electrician wishing to register to do electrical work in the City of
Nederland shall submit the required registration fee, a copy of their electrical license, and a
copy of their liability insurance certificate to the Inspection Department.
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1
The following fees shall be applicable in this ordinance:
Classification
Registration
I Annual Renewal
Liability Insurance
Master Electrician
$50.00
$25.00
As required by State law
Master Sin Electrician
50.00
25.00
As re uired b State law
Journeyman Electrician
5.00
5.00
None
Maintenance Electrician
5.00
5.00
None
Section 18 -215. License required; issuance deemed registration.
Upon presentation to the Chief Building Official of the appropriate license from the State
of Texas and after applicant has paid to the City the fees prescribed in this ordinance, and
furnish a copy of their insurance certificate, if required herein, such applicant shall be
considered registered with the City within the meaning of this ordinance. Master Electricians
that have been certified through the Southeast Texas Regional Electrical Certification Board and
have a current $2,000 City bond can pull permits within the City of Nederland as allowed by
Section 1305.201 of the State of Texas Electricians Occupations Code.
Section 18 -216 Registration renewal.
(a) Annual renewal of the City registration shall be accomplished by submitting the
renewal fee and, if required, a copy of their renewed liability insurance certificate.
(b) The annual renewal fee shall be twenty -five dollars ($25.00) for Master electricians
and Master Sign electricians and five ($5.00) for Journeymen, and Maintenance electricians.
(c) Annual renewal fees are due September 1 and payable before September 31 of each
year. License holders who have not paid their annual renewal fee will not be permitted to
' perform work or be issued permits until the fees are paid in full.
Section 18 -217. License transferability; signing.
A license registration shall not be transferable and shall be issued to the person
examined by the State of Texas and named on the license and known as the holder of the
license.
Section 18 -218. Unauthorized use of license.
It shall be unlawful for any person to lend, rent, or transfer his State electrical license,
city registration, or any rights to any other person, and for any person to make use of any such
rights which are not actually his own.
Section 18 -219. Master electrician's office.
Every Master electrician, if he qualifies as an electrical contractor as prescribed under
Section1305.159 of the Texas Occupations Code, must have and maintain an established place
of business and shall either have a person in attendance or have an answering service to
receive messages from the City or other persons concerned during regular business hours. A
Master electrician can represent and acquire permits for no more that one electrical business.
Section 18 -220. Supervision of work.
In the actual work of installing, maintaining, altering, or repairing of any electrical
conductors or equipment for which a permit is required by this ordinance, there shall be present
' and in direct supervision a qualified electrician of the proper classification as determined by this
ordinance. It shall be required that a Master electrician or Master Sign electrician, as the case
may be, be liable and responsible for the layout and technical supervision of any work which
has required the securing of permits and journeyman electrician shall not supervise at the job
site more than three (3) apprentices. Should it come to the notice of the Chief Building Official
or his assistants that such supervision and control are not being maintained, the Chief Building
064
Official may order the work to be discontinued and the person to whom the permit has been
issued shall discontinue further work until proper supervision has been employed or supplied as
verified by the Chief Building Official. I
DIVISION 4. PERMITS
Section 18 -221. Required; to whom Issued; exemption.
(a) Permits shall be issued to Master electricians or Master Sign electricians qualified to
secure permits, as set forth in this ordinance, or to their duly authorized agent. The Master
electrician or Master Sign electrician shall certify their duly authorized agent to the Building
Official in the form of an affidavit stating that such Master or Master Sign electrician assumes all
and full responsibility for any permit taken out or applied for by such agent.
(b) When one Master electrician or Master Sign electrician completes the rough work, in
whole or in part, or does any electrical wiring or installation of fixtures or equipment and a
second Master electrician or Master Sign electrician Is called upon to complete the work, in
whole or in part, a separate permit is required for which regular fees shall be paid for the work
done. Each Master or Master Sign electrician shall be held responsible only for the work
installed by him. Before the second Master electrician or Master Sign electrician is issued a
permit for the completion of an electrical wiring or installation of fixtures or equipment job, the
Chief Building Official shall first attempt to notify the Master electrician or Master Sign electrician
holding the original or first permit that the second permit is to be issued. The issuance of the
second permit shall cancel the first permit and no refund of fees shall be made.
(c) Nothing in this ordinance shall be construed to prevent a person from doing electrical
work himself on his own residence, which is owned and occupied, or to be occupied by him
immediately upon completion of such residence, so long as he complies with all of the other
provisions of this ordinance. This exception shall be construed to mean an individual owner (not
a firm, co- partnership, or corporation) who actually does the labor himself. This individual owner
shall be present at the time of any electrical inspection. Electrical work on rent property shall be
performed by a licensed and bonded Master electrician or a Journeyman electrician working '
directly under the direction of a Master electrician.
Section 18 -222. Application; scope of permit requirements.
(a) Every person who shall install, cause to be installed, or permit to be installed, any
electrical wiring, fixtures or equipment or shall make any alteration, addition, change or repair
within the scope of this ordinance shall, before commencement of such work, make application
for a permit therefore with the Chief Building Official.
(b) There shall be one permit for each building for which rough work for electrical wiring,
fixtures, or electrical equipment is installed. Accessory buildings, tourist cottages, or group
houses shall not be considered separate buildings when the work is to be installed as one
complete project and at one time, except where separate switches or meter loops are installed
thereon.
(c) Application for permits shall be made in writing upon forms provided by the City for
that purpose. With such application there shall be filed a diagram or plan in such a format as
required by the Chief Building Official showing clearly the character and kind of wiring or
installation of fixtures or equipment work to be done. The plan or diagram shall show the
manner in which the electrical installation is to be made, or the character of any repairs to any
existing electric installation. Such application shall include the following information:
(1) Street and house number;
(2) Name of the owner;
(3) Type of construction and use of buildings and
(4) A list of electrical fixtures and appliances to be installed.
(d) The diagram or plans, and application, shall be referred to the Chief Building Official
who shall have the authority to issue or refuse to issue a permit. '
(e) Plans for buildings of more than five thousand (5,000) square feet, based on exterior
dimensions or more than two (2) stories in height, shall bear the seal and signature of a
professional electrical engineer licensed in the State of Texas.
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' Section 18 -223, Fees.
Payment of permit fees shall be made prior to the issuance of a permit, and shall be
based on the schedule of fees herein set out:
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(1) Fee schedule.
(a) Service up to 200 amperes
$11.00
over 200 amperes
25.00
(b) Each additional meter
2.75
(c) Each outlet, switch and receptacle
0.25
(d) Fixtures
0.25
(e) Bells, buzzers and chimes
1.10
(f) Range
2.00
(g) Water heater
2.00
(h) Dishwasher
1.10
(i) Disposal
1.10
(j) Attic fan
1.10
(k) Dryer
2.20
(1) Yard lamp, each
1.10
m) Room air conditioner outlet
2.20
(n) Space heating (each), furnace
5.00
(o) Each motor up to five (5) HP
2.20
(p) Each motor over five (5) HP
2.75
(q) Electrical signs
15.00
(r) Light and power panels except at point
of service, (sub - panels) each
7.50
(s) Each rectifier or transformer
5.00
(t) Elevators, dumbwaiters, escalators
8.25
(u) Gasoline pumps
3.30
(v) Floodlight poles
1.10
(w) Welding machine outlet
2.20
(x) Change service
11.00
(y) Temporary service on pole
11.00
z) Re- inspection
15.00
(aa) Move meter
11.00
(bb) Minimum on any electrical permit
11.00
(cc) Re- inspection for lights or name change
11.00
(dd) Swimming pool
15.00
" (es) After hours inspection- per inspection
55.00
"When an Inspection Is required by the owner or contractor before 8:00 a.m.
and after 5:00 p.m. on normal business days, or on weekends and holidays
this fee shall apply.
Where fees are not set up herein, the Building Official shall set fees that
are consistent with the fees listed above not to exceed $25.00.
(2) Outlet. The term 'outlet" shall mean and be construed as any point on a wiring
system at which a switch is installed or electricity is taken from a circuit for light, power, or any
other purpose or service.
(3) Outlet addition, outlet extension. The term "outlet addition" or 'outlet extension"
shall mean and be construed as any outlet installation made over and above the number as
' requested in the permit or as shown on the plans for new construction, or outlet installation
extending from or added to old existing circuits, respectively.
(4) Horsepower grouping. Permit applications covering the installation of meters on
any job shall specify each motor individually and no grouping of horsepower shall be permitted.
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Section 18 -224. Expiration.
If electrical wiring or installation of fixtures or equipment work authorized under a permit '
is not started within sixty (60) calendar days after issuance of such permit, or if the work is
started and then discontinued and the work remains discontinued without justifiable cause as
determined by the Chief Building Official for a period of sixty (60) calendar days, the permit shall
become void, and no work shall be done on the premises until a new permit is issued and all
necessary fees paid. No refunds shall be made for permits that have become void.
Section 18 -225. Cancellation.
The Building Official shall have the right to declare a permit null and void if there has
been misrepresentation of facts or any violation of the provisions of this ordinance.
DIVISION 5. STANDARDS AND SPECIFICATIONS
Section 18 -226. Responsibility for safe work, liability of City for damages.
The electrical regulations of this ordinance shall not be construed to relieve from or
lessen the responsibility or liability of any person owning, operating or installing electrical
conductors, devices, appliances, fixtures, apparatus, motors or equipment, for damages to
persons or buildings caused by any defect therein by reason of the inspection herein authorized
or the certificate of approved inspection issued by the Chief Building Official as herein provided;
nor shall the City be held liable for any damages that occurred from the action taken by the
Chief Building Official in connection with the performance of his duties.
Section 18 -227. Installation standards generally; adoption of code.
(a) All installations of electrical wiring and equipment shall be reasonably safe to persons
and property and in conformity with the provisions of this Code, the applicable statutes of the '
state, and any rules or regulations issued by authority thereof.
(b) The 2005 version of the National Electric Code as adopted and approved by the
National Fire Protection Association, and future revisions, a copy of which has been approved
by the City Council, is hereby adopted and declared operative as the electrical code ( "Code ") of
the City, with the additions, insertions, deletions, and amendments as provided in this
ordinance. The provisions of this Ordinance shall prevail over the National Electrical Code in
case of a direct conflict. Conformity of electrical installations with the applicable standards set
forth in the Code shall be prima facie evidence that such installations are reasonably safe for
persons and property. One (1) copy of the Code shall be filed in the office of the City Clerk.
(c) Due to the unusual climatic conditions prevailing in and about the City, certain
exceptions to the wiring methods and materials, as set forth in the National Electrical Code
herein adopted, shall be made as listed in Section 18 -231.
Section 18 -228. Equipment standards generally.
(a) Conformity of electrical equipment with the applicable standards of the Underwriters'
Laboratories, Inc., shall be prima facie evidence that such equipment is reasonably safe to
persons and property as it relates to the requirements of this ordinance.
(b) Only standard electrical parts and materials approved by the Underwriters'
Laboratories, Inc., or by the Chief Building Official shall be permitted in electrical repair or
maintenance work.
Section 18 -229. Sign standards generally.
(a) All electrically illuminated or electrically powered outdoor and indoor signs and I
displays shall be safe to persons and property and in conformity with the provisions of this
ordinance.
(b) Conformity of all types of electrical signs with applicable standards of the
Underwriters' Laboratories, Inc., and the National Electrical Code shall be prima facie evidence
that such installations are reasonably safe to persons and property; provided that the provisions
of this ordinance shall prevail in case of conflicting provisions.
' (c) Conformity of construction, erection, foundation and means of support of all such
signs with the International Building Code shall be approved by the Building Official before
permits for electrical inspection shall be issued under the authority of this ordinance.
(d) A permit for an electrical sign must be obtained from the Building Official before any
sign is installed.
Section 18 -230. Utility company rules and regulations.
Rules and regulations for the company supplying electricity to the City, regarding service
and meter installations for the kind and character of service to be rendered, as passed and
approved by the City Council from time to time, in accordance with franchise provisions, are
hereby referred to, incorporated herein, and made a part hereof.
Section 18 -231. Approved wiring methods, use thereof.
Wiring methods approved by the National Electrical Code shall be used with the
exceptions listed below:
(1) Any National Electrical Code approved method may be used for temporary work.
(2) In all commercial buildings, and all buildings used for commercial purposes, the
following wiring methods are excluded from the approved methods, as listed in the National
Electrical Code:
(a) *Article 398 -Open wiring on insulators
(b) 'Article 394 - Concealed knob and tube work
' (c) Article 362 - Electrical non - metallic tubing
(d) `Article 320- Armored Cable
(e) Article 334 - Non - metallic sheathed cable
(f) *Article 338 - Service entrance cable '
(g) Article 339 - Underground feeder and branch circuit cable
Cannot be used in residential structures
(3) The following equipment shall be installed on individual circuits:
(a) Attic fan and heating unit.
(b) Dishwasher.
(c) Disposal.
(d) Washing machine.
(e) Dryer.
(f) Water heaters and space heaters.
(g) Ranges, built -in ranges, tops and ovens.
(h) Air conditioning equipment.
(i) Other types of equipment that requires special circuits.
Q) Built -in microwave ovens.
(4) Low voltage wiring. All low voltage wiring and devices shall be installed
according to the requirements of the National Electrical Code.
(5) Minimum size for underground conduit shall be 3/4" in diameter.
(6) Wiring in all residences and commercial structures shall be number 12 AWG
copper conductors or larger.
(7) The bathroom branch circuits shall consist of one 20- ampere circuit
per bathroom.
10
191
Section 18 -232. Main Disconnects.
There shall be an outside main disconnect provided for all new commercial and
residential structures. I
Section 18 -233. Branch circuit protection.
It shall be unlawful for any person to bridge, tamper with or change from its original
installation, except upon the approval of the Chief Building Official, and then only after proper
permit for alteration has been issued, any fuse of the plug, cartridge type or link type, installed in
panel boards, main switches or switchboard, or to alter or change circuit breakers so that the
original calibration will be affected, or to tie down or secure any circuit breaker so that it will not
function properly.
Section 18 -234. Service clearances.
Service clearances shall comply with the current requirements of "standard service
practices' of the local utility company. Where these clearances are not covered by this
standard, the National Electrical Code shall apply.
Section 18 -235. Temporary construction poles.
Temporary poles shall comply with the requirements of the local utility company's
standard service practices.
DIVISION 6. INSPECTIONS
Section 18 -236. Certificate of approval required before connecting.
It shalt be unlawful for any person to make connections from a source of electrical
energy to any electrical wiring, device or equipment on an installation for which a permit is
required, as set forth in this ordinance, until a certificate of approval has been issued by the
Chief Building Official authorizing such connection and the use of such wiring, devices or
equipment.
Section 18 -237. Unauthorized connection after disconnection.
It shall be unlawful for any person to make connections from a source of electrical
energy to any electrical wiring, device or equipment which has been disconnected by order of
the Chief Building Official, or the use of which has been prohibited for reasons herein set forth in
Section 18- 231.(2), until a certificate of approval has been issued by him authorizing the re-
connection and use of such wiring, devices or equipment.
Whenever the service wires are once disconnected in any commercial building in the
City limits the service shall not again be connected until the same has been wired so as to
conform to this ordinance.
Section 18.238. Rough work inspection, correcting faulty work, re- inspection.
(a) Notice, time, signing inspection tag. When the rough wiring or installation work is
completed on any premises, the responsible person therefore shall notify the Chief Building
Official that the job is ready for inspection, giving proper identification of the work, address and
permit number.
The Chief Building Official shall then make every reasonable effort to do an inspection of the
electric installation within twenty -four (24) hours from the time of notification (exclusive of '
Saturdays, Sundays and legal holidays). If the wiring or installation work has been installed in
accordance with the terms and provisions of this ordinance, the Building Official shall sign the
inspection tag, noting thereon the date of approval of the work. More than one rough inspection
may be made without charge when the progress of construction requires such inspection.
11
067
(b) Faulty work. If the electric wiring or installation of fixtures or equipment is found to be
faulty, incorrectly or defectively installed, the Chief Building Official shall notify the responsible
. person who installed such work of the changes necessary to be made in order that the work
may conform to this ordinance.
(c) Rectification of faulty work. The responsible person shall, within forty -eight (48)
hours from the time of notification, make or start to make the changes ordered and shall
proceed with the work until the same is completed. Upon completion thereof and payment of
the re- inspection fee, he shall notify the Chief Building Official to the effect that faulty work has
been corrected. The latter shall then cause the re- inspection to be made and, if such work is
found to comply with this ordinance, he shall sign the inspection card noting thereon the date of
approval of the work. If the Chief Building Official shall again find the work incorrectly installed,
he shall notify the responsible person of the necessary changes and that person shall pay an
additional re- inspection fee to the City before any other inspections are made. If the responsible
person does not make the required changes within a reasonable time, the Chief Building Official
shall refuse to Issue to any such person any further permits until such work in question is
corrected and approved.
Section 18 -239. Final Inspection.
Upon the completion of all electrical wiring or installation of fixtures or equipment in any
building or on any premises, the responsible person shall notify the Chief Building Official that
the work is ready for final inspection, giving the electrical permit number and street address.
The Chief Building Official shall make every reasonable effort to make the final inspection within
twenty-four (24) hours from the time of receipt of notification (exclusive of Saturdays, Sundays
and legal holidays) and, it any faulty or defective wiring or equipment is found, the responsible
person shall be notified of the changes to be made in order that such work shall conform to this
ordinance. It such work is found to be correctly installed, replaced or repaired, the electrical
certificate shall state that the wiring or installation work has been installed in accordance with
the provisions of this ordinance. For each final inspection requested after the first has been
made, a re- inspection fee shall be charged.
Section 18 -240. Leaving work open.
It shall be unlawful for any person to cover, or cause to be covered, any part of a wiring
installation with flooring, lath, wallboard or other material, until the Chief Building Official shall
have approved the wiring installation, in part or as a whole.
Section 18 -241. Altering conductors or equipment; when interference with other work.
It shall be unlawful for any unauthorized person to, in any manner, change or alter
electrical conductors or equipment in or on any building. If, in the course of the erection of a
building or structure, electrical conductors or equipment have previously been installed in such
position as to interfere with the erection or completion of the structure, notice shall be
immediately given the person using the electrical conductors or equipment, and he shall be
required to accomplish this needed change in accordance with this ordinance.
Section 3. Severability.
It any provision, section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance of the application thereby shall remain in effect. It being the intent of
the City Council in adopting this ordinance, that no portion thereof or provision contained herein
shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or
provision.
Section 4. Repealing conflict.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of conflict with this ordinance.
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KIT
Section S. Effective date.
This ordinance shall become effective after its publication and passage at a regularly I
scheduled meeting of the City Council.
PASSER, AND APPROVED by the City Council of the City of Nederland, Texas this
<l2 dayof 2005.
R. A. Nugent, Wyor
City of Nederla d, Texas
ATTEST:
LaDonna Floyd, City Clerk'
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughe , City Attorney
City of Nederland, Texas
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. March 14, 2005
MEETING
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Neal to approve the minutes of the February 28, 2005 meeting
as written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
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 Nugent for the purpose of receiving questions and /or
comments regarding rehabilitation or condemnation and demolition of abandoned
and dilapidated structures at the following addresses: 3415 Nashville Avenue;
304 Nederland Avenue; and, 819 Chicago Avenue.
Rod Hatch, Building Official, gave a brief report on each structure. He stated that
all 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. He reported that all three last known property owners
were mailed notification letters and all three were returned to the City.
Mr. Hatch stated that Sidney Daigle, 3415 Nashville Avenue, is apparently living
in a nursing home and his family does not wish to take responsibility for the
property. Mr. Hatch is recommending that the structure be demolished.
Mr. Hatch reported that Jo -Ann Randall purchased the property at 304 Nederland
Avenue at a Sheriff's auction on May 6, 2003. This commercial structure is in
disrepair and unfit for human habitation. He added that it presents a danger to
public health, safety and welfare. Demolition is also recommended for this
structure.
The structure at 819 Chicago Avenue was damaged by fire over a year ago and
the owner, Ella Mae Hebert, has since died. At the time of the fire the structure
was not covered by insurance and is now considered a danger to the public
health, safety and welfare. Mr. Hatch recommends demolition.
070 Minutes continued, March 14, 2005
There being no questions and /or comments Mayor Nugent adjourned the Public
Hearing and reconvened the regular meeting at 3:06 p.m.
4. BUILDING AND BUILDING REGULATIONS
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to set a 30 -day time period for Sidney Daigle to comply
with the demolition and removal of the structure located at 3415 Nashville
Avenue, 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 Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by
Councilmember Rogers to set a 30 -day time period for Jo -Ann Randall to comply
with the demolition and removal of the structure located at 504 Nederland
Avenue, 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 Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to set a 30 -day time period for Ella Mae Hebert to comply with the demolition and ,
removal of the structure located at 819 Chicago Avenue, 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 Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
5. CONTRACTS/AGREEMENTS
A motion was made by Councilmember Neal and seconded by Councilmember
Radcliff to appoint Edgar, Kiker & Cross, PC to perform the FY 2004 -2005 audit
in the amount of $26,000 if Single Audit Act requirements are not necessary and
$28,500 if Single Audit Act requirements are necessary. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Neal to approve an agreement with Tower Medical Center of
Nederland for drug and alcohol testing in accordance with the Substance Abuse
Policy and State and Federal regulations. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Mayor Nugent '
to approve a contract with Soutex Surveyors, Inc., in the amount of $8,000.00, for
surveying services. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
Minutes continued, March 14, 2005
BIDS /PROPOSALS
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to award bids received for janitorial services to American
Building Maintenance Company, Houston, TX, in the amount of $18,414.16 for
the period April 1, 2005 through March 31, 2006. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by
Councilmember Neal to authorize the advertisement of bids for employee health
insurance, dental insurance, and long term disability insurance. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
PAYMENTS
A motion was made by Mayor Pro Tem Sawyer and seconded by
Councilmember Radcliff to approve a payment to Brystar Contracting, Inc. in the
amount of $125,802.42, wastewater collection system rehabilitation FY 2005.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Neal and seconded by Mayor Nugent to
approve a payment to d.p. Consulting Engineers, Inc. in the amount of
$1,225.00, upper Main "C" drainage improvements. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern
Sawyer to approve payment of the bills for the month of February. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
EXECUTIVE SESSION
A motion was made by Councilmember Neal and seconded by Mayor Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
9. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the library received notification from
the Seawell Elam Foundation that our grant request in the amount of $5,000 was
072 Minutes continued, March 14, 2005
approved. He also reported that plans for the Boston Avenue sidewalk
replacement project are currently being reviewed in Austin and although he is
unable to determine a possible start date the local TxDOT office is very 1
supportive of initiating construction as soon as possible. Mr. Wimer also
reminded Council that the Nederland Heritage Festival begins tomorrow, March
15th
Councilmember Rogers asked if Council could begin receiving reports on the
Nederland Economic Development Corporation potential projects. Mayor Nugent
gave a brief report stating that the old WalMart building has been sold and final
closing papers should be signed soon. He added that the developers of the
potential shopping complex are still interested in locating in Nederland. Finally,
Mayor Nugent stated that the hotel project should begin any day.
10. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Neal to adjourn the meeting at 3:38 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
R. A. Nuge# Mayor '
City of Nederland, Texas
ATTEST:
7
n7:
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
✓
Robert Sawyer
Council Member
Billy Neal
Council Member
t✓
Judy Radcliff
Council Member
Bert Rogers
Council Member
V,
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
s/
Mike Lovelady
Fire Chief
s%
Cheryl Dowden
Director of Finance
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
/
�1
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
R. A. gudent, MY yor
Lal onna Floyd, City Clerk
r
._ 4.10
Date
074
AGREEMENT
(EMPLOYEE DRUG /ALCOHOL TESTING) '
Agreement entered into on the date stated below, between the City of Nederland, State of
Texas, a municipal corporation, herein referred to as CITY, and Tower Medical Center of
Nederland, 2100 Highway 365, Nederland, Texas 77627, a corporation authorized to carry on
business in the State of Texas, herein referred to as TESTING FACILITY.
In consideration of the mutual agreements and covenants set forth herein, the parties
agree as follows:
SECTION ONE
TESTING FACILITY REPRESENTATIONS
TESTING FACILITY represents that it is a laboratory certified under appropriate federal
and state regulations to perform and conduct urine, blood and breath tests to determine chemical
or drug content in individuals.
SECTION TWO
TESTING SERVICES AND FEES
TESTING FACILITY agrees to provide a one call, full service drug and alcohol testing
program to the City of Nederland employees. The description of integrated services to be '
performed and fees to be charged are set forth in the attachment marked Exhibit "A" (consisting
of one page), which is incorporated herein by reference. TESTING FACILITY further agrees to
adhere to the criteria established by the City of Nederland Substance Abuse Policy relative to
employee drug/alcohol testing, including but not limited to the provisions regarding
confidentiality, chain of custody, and guidelines adopted by the United States Department of
Health and Human Services for work place urinalysis.
SECTION THREE
COMPENSATION
For services rendered by TESTING FACILITY under this Agreement, CITY agrees to
pay to TESTING FACILITY the fee(s) designated on Exhibit "A" attached hereto. Payment
shall be made by CITY within 20 days of its receipt of an itemized statement of services
rendered during the preceding month.
SECTION FOUR
INDEMNIFICATION
TESTING FACILITY shall indemnify CITY and hold it harmless against all claims,
costs, demands, attorneys fees, causes of action, losses, or damage that may arise as the result of
any action or conduct by TESTING FACILITY or its agents, employees, or officers in the
testing performed or duties imposed under this Agreement. I
1
1
1
SECTION FIVE
ASSIGNMENT
No assignment of this Agreement shall be valid without the written consent of the CITY.
SECTION SIX
BREACH
A breach of contract by either party shall constitute grounds for cancellation of this
Agreement by the other party. However, the party who commits the breach shall have fifteen
(15) days after mailing of written notice of such breach from the other party in which to correct
or abate the breach and avoid the cancellation.
SECTION SEVEN
VENUE
This Agreement is entered into and performable in Jefferson County, Texas.
SECTION EIGHT
EFFECTIVE DATE: TERM
This Agreement shall take effect on the 1st day of April, 2005 and shall remain in effect,
subject to the provisions regarding cancellation, for a period of one year therefrom.
IN WITNESS WHEREOF, the parties have executed this Agreement at Nederland, Texas
on the 1 y day of f%vind1 12005.
ATTEST:
LaDonna Floyd, City Clerk
TOWER MEDICAL CENTER OF
NEDERLAND
By:
Its:
CITY OF NEDERLAND, TEXAS
pw, A I---
By:
Its:
T
07
076
EXHIBIT A
AGREEMENT FOR SERVICES
APRIL, 2005
EMPLOYER: City of Nederland
SUBJECT: Substance Abuse Screening Program
Tower Medical Center of Nederland agrees to offer a one call, full service drug and alcohol
testing program to the City of Nederland.
Description of integrated services and fees shall be as listed:
DOT Drug Screen $25.00
MRO (Medical Review Officer) $10.00
Review and consultation with the applicant/employees regarding
his/her test results.
Non -DOT Drug Screen With Confirmation $25.00
Alcohol Test $17.00
Administered at Tower Medical Center of Nederland using PBA3000
Breath Analyzer. Alcohol detections of 0.2% or greater will be
automatically confirmed by a second test. This is a calibrated breath
analyzer approved by the Department of Transportation (DOT), and the
results are evidential.
Record keeping/Retention (annual fee) $100.00
Includes a quarterly report and annual report as required by DOT.
Random Generation
An alpha/numerically generated list of employees for your company's
random drug testing program currently is in place. A flat fee will be
assessed for additions and/or deletions to the current list. $5.00
1
1
Each random pull (monthly fee) $25.00 1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. March 28, 2005
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Neal and seconded by Councilmember
Radcliff to approve the minutes of the March 14, 2005 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
3. RECOGNITION
' Tom Riley, Recreation /Aquatics Supervisor, commended members of Cub Scout
Pack 232 and their leaders for their dedicated service in the community. He
stated that a few examples of their service were maintaining the planter boxes at
the library; performing a study on the relationship between graffiti and crime; and,
participating in the planning and planting of an American "Liberty" Elm at
Doornbos. Sheryl Hebert, Pack Leader, introduced the other adult leaders, as
well as the scouts.
Mayor Nugent thanked Cub Scout Pack 232 for their dedication to the community
and encouraged them to continue their service to the scouts.
4. BUILDING AND BUILDING REGULATIONS
Andre' Wimer, City Manager, explained that Donna Champagne, 1524 Hamilton
Court Drive, went before the Planning and Zoning Commission to request a
variance to the Subdivision Ordinance to allow for windows on the zero lot line
side of her property. Ms. Champagne owns Lot 3 in Hamilton Court and her
neighbor on the zero lot line side, Dr. Gordon Healey owns Lots 4, 5, and 6 and
his residence is constructed on all or part of the three lots, therefore, there will be
approximately 90 feet between the structures. The Planning and Zoning
Commission has recommended approval of the variance.
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer
' to approve a variance to the Subdivision Ordinance, Section 94.29(g)(2) as
recommended by the Planning and Zoning Commission. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
078
Minutes continued, March 28, 2005
5. DEVELOPMENTS
A motion was made by Mayor Pro Tern Sawyer and seconded by '
Councilmember Rogers to accept the improvements in Sanders Business Park,
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
6. PARKING
Andre' Wimer, City Manager, stated that this item was placed on the agenda for
discussion only. He explained that Darrell Bush, Chief of Police, has reviewed
the City's "no parking" locations and discovered that many areas have been
approved by the City Council on more than one occasion. Chief Bush presented
a map showing current "no parking" designations, and another with proposed "no
parking" designations. Mr. Wimer added that a new "no parking" ordinance will
be presented in the near future and asked for comments and /or suggestions from
the Council. Mayor Pro Tem Sawyer suggested that the "no parking" in the 200
block of Atlanta be moved to the south side of the street and that the designation
be removed on South 12`h Street from Avenue B to the end of the N.I.S.D.
property. There being no further comments at this time Mr. Wimer asked the
Council to submit their suggestions to Chief Bush once they have had an
opportunity to review the maps.
7. ORDINANCE I
Jim Gilley, Coastal Securities, reviewed the bids that were received for the Tax
Notes, Series 2005, in the amount of $1,640,000 for funding of the meter
replacement project. He stated that seven bids were received and the low bidder
was First Southwest with a TIC of 3.663966 %. Mr. Gilley presented the debt
service schedule and added that the tax notes will be paid by water revenues.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Radcliff to award the bid of the Tax Notes, Series 2005, in the
amount of $1,640,000 to First Southwest; and, to approve Ordinance No. 2005-
08, authorizing the issuance of City of Nederland, Texas Tax Anticipation Notes,
Series 2005, specifying the terms and features of said Notes; levying a
continuing direct annual ad valorem tax for the payment of the principal of and
interest on said Notes; and, resolving other matters in connection therewith.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
8. BIDS /PURCHASES
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent
to authorize repair work on the South 5th Street water storage tank to be I
performed by Diamond Enterprises, Inc., Gloster, MS, in the amount of
$11,550.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
Minutes continued, March 28, 2005
9. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem
Sawyer to authorize Brystar Contracting, Inc, to replace approximately 1,000 feet
of sewer line near Verna Drive, and declaring an emergency due to health
hazards to the residents. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
10. PAYMENTS
A motion was made by Councilmember Neal and seconded by Councilmember
Radcliff to approve a payment to Don S. Reichle & Associates, Inc. in the amount
of $1,750.00, South 5`h Street water tower. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent
to approve payments to Schaumburg & Polk, Inc. as follows: $1,080.00, 2005
collection system rehabilitation; and, $16,266.48, Beauxart Garden Road
improvements. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by
Councilmember Rogers to approve a payment to Excavators & Constructors, Inc.
in the amount of $38,218.77, drainage improvements, Area 3. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
11. EXECUTIVE SESSION
The regular meeting was recessed at 6:45 p.m. by Mayor Nugent for the purpose
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.074, discuss personnel — Mike Lovelady; 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.; appeal of Texas Gas Service Company from ratesetting actions of the Cities
of Nederland, Port Neches, and Groves; and, consultation with City Attorney.
12. RECONVENE
Mayor Nugent reconvened the regular meeting at 9:15 p.m. He announced that
the Executive Session was held for informational purposes only.
(? 8 Minutes continued, March 28, 2005
13. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that TxDOT has indicated that the Boston '
Avenue sidewalk project should begin later this week. He also stated that staff
has begun the process of reviewing streets to be included in this year's street
program. He asked Council to submit any streets that they would like to have
evaluated for placement in the program. Mr. Wimer added that there were four
incidents over the weekend where the automatic mutual aid was initiated and it
appeared to be quite successful.
Steve Hamilton, Director of Public Works, reported that the traffic signal at 27'h
Street and Helena Avenue fell over the weekend. Staff has contacted the
manufacturer and they indicated that they have had some problems with the
hardware and will be sending replacements. He also reported that the timing on
this signal will be reprogrammed to eliminate the problem of green lights in both
directions.
14. ADJOURN
There being no further business a motion was made by Mayor Pro Tern Sawyer
and seconded by Councilmember Radcliff to adjourn the meeting at 9:20 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
&A4L4�- I
R. A. Nuge Ma or
City of Nede and, Texas
ATTEST:
1
U
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Robert Sawyer
Council Member
i✓
Billy Neal
Council Member
Judy Radcliff
Council Member
Bert E. Rogers
Council Member
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
Lois Coco
Acting 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
V�
Kelly Galloway
Assistant to the City Manager
i
R. A. Nugent, M or
' LaDonna Floyd, City Clerk
March 28, 2005
Date
[� f
REGULAR MEETING OF THE CITY COUNCIL OF THE I
CITY OF NEDERLAND
3:00 p.m. April 11, 2005
MEETING
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to approve the minutes of the March 21, 2005 meeting
as written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
3. PROCLAMATION
A motion was made by Councilmember Neal and seconded by Mayor Pro Tern '
Sawyer to approve a proclamation declaring April 2005 as "Sexual Assault
Awareness and Prevention Month" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
4. PRESENTATION
Carolyn Motl, Entergy, Inc., introduced Don Pumphrey and Tracy Killian who are
both instrumental in the Team City activities in Nederland. Ms. Motl added that
April Petersburger who serves as the Teen Team City sponsor at Nederland High
School has been very supportive of the projects the Team works on throughout
the year to promote Nederland and community activities. The members of the
Teen Team City were introduced. Some of the projects they have worked on are
the cleaning of Doornbos Park, volunteering at area softball fields, and raising
money for the tsunami victims.
Mayor Nugent thanked Ms. Motl and the Teen Team City for their continued
support of Nederland.
5. PARKING
Andre' Wimer, City Manager, stated that this item was once again placed on the '
agenda for discussion of potential "no parking" locations within Nederland. He
added that the suggestions made at the last meeting have been added to the list,
as well as an area of 140' along South 36th Street. The new "No Parking"
ordinance will be presented to Council sometime within the next few meeting.
Minutes continued, April 11, 2005
6. DROUGHT CONTINGENCY PLAN
Andre' Wimer, City Manager, explained that in October 2004 the Texas
Commission on Environmental Quality (TCEQ) adopted rules which required that
drought contingency plans include target consumption goals to be achieved
during periods of water shortages and /or droughts. He added that the City
adopted a Drought Contingency Plan in 2001 which includes consumption
limitations. Mr. Wimer stated that the current plan appears to comply with the
TCEQ requirement; therefore, City staff will submit this Plan to the TCEQ prior to
May I" as required by regulatory rules.
7. DRAINAGE AREA 3
A motion was made by Councilmember Radcliff and seconded by
Councilmember Rogers to approve Change Order No. 4 in the amount
+$17,687.26 with Excavators & Constructors, Inc., drainage improvements, Area
3. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent
to approve a payment to Excavators & Constructors, Inc. in the amount of
$71,757.78, drainage improvements, Area 3. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by
Councilmember Radcliff to accept the drainage improvements in Area 3.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Sawyer to approve Change Order No. 4 in the amount of +$8.047.54 with
Excavators & Constructors, Inc., drainage improvements, Area 3, Option II.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Neal and seconded by Mayor Nugent to
accept the drainage improvements in Area 3, Option II. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
B. PAYMENTS
A motion was made by Councilmember Radcliff and seconded by
Councilmember Rogers to approve a payment to Schaumburg & Polk, Inc. in the
amount of $5,823.00, Beauxart Garden Road improvements. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
i 19.
Minutes continued, April 11, 2005
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to approve payment of the bills for the month of March. I
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
9. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember Radcliff
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
10. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the library consultant will conduct a
public forum on April 2151 to receive input from the public regarding the library.
He also reported that the Boston Avenue sidewalk replacement project is
underway. Mr. W imer added that the South 5"' Street water tower work has been
completed. He reminded Council that for the past couple of years the Cities of
Nederland, Port Neches, and Groves have allowed citizens access to the old
landfill site once per month during the summer to dispose of green waste and
that due to minimal use this practice will be discontinued. '
11. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Radcliff to adjourn the meeting at 3:30 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
ATTEST:
ti..e� 0 " .r"/
LaDonna Floyd, City Cle�rl —'
City of Nederland, Texas
R. A. Nugen , ayor
City of Nede nd, Texas
� I
C]
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Robert Sawyer
Council Member
✓
Billy Neal
Council Member
✓
Judy Radcliff
Council Member
Bert Rogers
Council Member
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting 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
t✓
Kelly Galloway
Assistant to the City Manager
V✓
R. A. Nugent, M y r
WV" Q ,Q'j
LaDonna Floyd, City Clerk
9. 1 I- ®"Z�'
Date
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
1 :00 P.M.
1. MEETING
April 18, 2005
The special meeting was called to order at 1:00 p.m. by Mayor R. A. Nugent at
the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. EXECUTIVE SESSION
The special meeting was recessed at 1:01 p.m. by Mayor Nugent for the purpose
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.074, evaluation of employment and performance: Fire Chief Mike
Lovelady.
3. RECONVENE
J
The special meeting was reconvened at 4:10 p.m. by Mayor Nugent.
A motion was made by Mayor Pro Tern Sawyer and seconded by '
Councilmember Rogers to place Fire Chief Mike Lovelady on administrative
leave with pay indefinitely, effective immediately, for reasons of lack of leadership
capabilities, lack of confidence by the City Council, lack of confidence of the Fire
Department, and other reasons; and that he be relieved of his duties as Fire
Chief /Fire Marshal and Emergency Management Coordinator while on
administrative leave. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
4. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Radcliff to adjourn the meeting at 4:15 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
R. A. Nugent, ayor
City of Neder nd, Texas
ATTEST:
a� 'J 1
LaDonna Floyd, City Cler
City of Nederland, Texas
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
✓
Robert Sawyer
Council Member
✓
Billy Neal
Council Member
Judy Radcliff
Council Member
Bert Rogers
Council Member
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
i✓
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
84
R. A. Nugent, Mavor
LaDonna Floyd, City Clerk
Date
1-
•
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. April 25, 2005
MEETING
The regular meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Neal and seconded by Mayor Pro Tern
Sawyer to approve the minutes of the regular meeting of April 11, 2005, and the
special meeting of April 18, 2005 as written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
3. FINANCE — INVESTMENT REPORT
Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report
for the quarter ending March 31, 2005.
A motion was made by Councilmember Rogers and seconded by
Councilmember Radcliff to accept the Quarterly Investment Report as presented
(see attached). MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
STREETS AND SIDEWALKS
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Neal to approve the 2005 street program as presented (see
attached). MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
5. STREETS AND SIDEWALKS
A motion was made by Councilmember Radcliff and seconded by Mayor Nugent
to select the following streets for submission of potential street improvement
projects for the JOHRTS 2007 Metropolitan Transportation Plan — 2030: Canal '
Avenue from Hwy. 69 to Twin City Hwy; 27`h Street from Helena Avenue to Canal
Avenue; Avenue H from Twin City Hwy. to Port Neches city limits; 1 8`h Street
Minutes continued, April 25, 2005
from Canal Avenue to Spurlock Road; Hardy Avenue from Avenue A to Avenue
H; Hill Terrace from Hardy Avenue to FM 365; 21St Street from Nederland
Avenue to Avenue H; and, South 29th Street from Avenue H to FM 365. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
ORDINANCES
A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern
Sawyer to approve an Amendment to Ordinance No. 164, setting regular dates
for Council meetings. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to approve Ordinance No. 2005 -09, revising Chapter 94
of the City of Nederland Code of Ordinances to include an article regulating
private street and private subdivision development. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
7, CONTRACTS /AGREEMENTS
A motion was made by Councilmember Radcliff and seconded by
Councilmember Neal to approve a contract with Clyde Caldwell for inspection
services, water meter replacement project, contingent upon final approval by the
City Attorney. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent
to approve a contract with BFI Waste Services of Texas, L.P. for landfill services.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to approve renewal of a contract with Blue Cross and
Blue Shield of Texas for employee health insurance. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
8. BIDS/PROPOSALS
A motion was made by Councilmember Radcliff and seconded by Mayor Nugent
to authorize the advertisement of bids for water meter box lids. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
t�8�
090 Minutes continued, April 25, 2005
PAYMENTS
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Rogers to approve a payment to Diamond Enterprises, Inc:. in
the amount of $11,550.00, South 5`h Street elevated storage tank. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Mayor Pro
Tern Sawyer to approve a payment to Don S. Reichle & Associates, Inc. in the
amount of $1,350.00, South 5`h Street elevated storage tank. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to approve a payment to Brystar Contracting, Inc. in the amount of $85,001.54,
wastewater collection system rehabilitation FY 2005. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
10. EXECUTIVE SESSION
The regular meeting was recessed at 6:37 p.m. by Mayor Nugent for the purpose '
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.074, discuss personnel — City Manager Andre' Wimer; 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.; appeal of Texas Gas Service Company ratesetting
actions of the Cities of Nederland, Port Neches, and Groves; and, consultation
with City Attorney.
11. RECONVENE
The regular meeting was reconvened at 7:07 p.m. by Mayor Nugent. He
announced that the Executive Session was held for informational purposes only.
12. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the meter replacement program is
scheduled to begin Monday, May 2 "d. He added that the Boston Avenue
sidewalk program is progressing nicely.
1
Minutes continued, April 25, 2005
13. ADJOURN
' There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Radcliff to adjourn the meeting at 7:10 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
ATTEST:
Labonna Floyd, City Clerk
City of Nederland, Texas
1
1
All
R. A. NOgeW Mayor
City of NedLirland, Texas
{219
094
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Robert Sawyer
Council Member
Billy Neal
Council Member
Judy Radcliff
Council Member
Bert Rogers
Council Member
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
Gary Collins
Assistant Fire Chief
v,
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
R. A. Nugent, layor
LaDonna Floyd, City Clerk
1-i- o7S -05
Date
1
�J
1
J
©93
R.A. `Dick' Nugent; Mayor
Robert Sawyer, Mayor Pro Tom
Billy Neal, COUncilmember
Judy Radcliff. Councilmember CZ G y of1 Y e- Berland Bert Rogers,
Councilmember
Andre Wimer, City Manager
P.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (1409) 723.1550
Investment Report
For the Quarter Ending March 31, 2005
This report has been prepared in accordance with die 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
AJ u
Cheryl D4dwden, Director of Finance
"Programmed.for Progress"
f3 y
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending March 31, 2005
Investments at Beginning of Period (1 -1 -05)
Purchases
Maturities
Investments at End of Period (3- 31 -05)
- - - ------------------ - - - - -- - - - - - --
Maturity Summary at March 31, 2005
$4,919,920.24
39.280.32
_ 10,000.00
-- $4,949,200.56
0 Less than 3 months
ij 9 to 12 months
1
1
1
1
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending March 31, 2005
General Fund
Library Fund
Water & Sewer Fund
Motel Occupancy Tax Fund
Solid Waste Fund
Capital Outlay Fund
Police Narcotics Fund
SRF Escrow & Construction Funds
MCML Dispatch
Parks & Recreation Fund
Equipment Replacement Fund
Bond Redemption Fund
Balance {a
Balance t�
1 -1 -05
Purchases
Maturities 3 -31 -05
$3,540,341.92
$21,113.06
$3,561,454.98
28,896.66
10,11270
10,000.00 29,009.36
1,073,577.18
6,402.32
1,079,979.50
10,356.68
61.79
10,418.47
695.94
4.18
700.12
376.24
2.27
378.51
40.044.67
238.74
40,283.41
157,892.30
941.59
158,833.89
634.66
3.76
638.42
21.13
0.03
21.16
49.06
0.13
49.19
67,033.80
399.75
67.433.55
$4,919,920.24
$39.280.32
$10,000.00 S4,949.200.56
1195
n9F,
Investment Report Schedule
Investments for the Quarter ended March 31, 2005
CERTIFICATES OF DEPOSIT
I
17
Interest Earned for
Certificate Purchase Maturity
Days to
Interest
Face
Quarter ended
Number Date Date
be held
Rate
Amount
March 31, 2005
Matured CDs for the quarter ended March 31, 2005
Library Special Fund 2307082 01/05/04 01/04/05
365
1.34%
10,000.00
1.48
Held at March 31, 2005
Library Special Fund 2307637 01105105 01/04/06
365
1.88%
10,000.00
22.82
Total Interest Earned on CDs for the quarter ended March 31, 2005
$24.30
Total Certificates of Deposit held at March 31, 2005
$ 10,000.00
I
17
1
1
X97
Investment Report Schedule
Investments for the Quarter ended March 31, 2005
INVESTMENT POOL - TEXPOOL
Average
Days to
Interest
Market
Interest
Period
Held
Maturity
Rate
Principal
Earned
Book Value
General Fund
01101105
03/31/05
1
2.41%
$3,540,341.92
$21,113.06
$3,561,454.98
Water & Sewer
01101105
03/31/05
1
2.41%
1,073,577.18
6,402.32
1,079,979.50
Bond Redemp.
01101105
03/31/05
1
141%
67,033.80
399.75
67,433.55
Capital Outlay Fund
01101105
03/31/05
1
2.41%
376.24
2.27
378.51
Motel Occupancy
01/01/05
03/31/05
1
2.41%
10,356.68
61.79
10,418.47
Library Special
01101105
03131105
1
2.41%
18,896.66
112.70
19,009.36
Solid Waste Fund
01101105
03/31/05
1
2.41%
695.94
4.18
700.12
SRF Construction Fund
01101105
03/31/05
1
2.41%
157,892.30
941.59
158,833.89
MCML Dispatch
01101105
03131105
1
2.41%
634.66
3.76
638.42
Police Narcotic Fund
01101105
03/31/05
1
2.41%
40,044.67
238.74
40,283.41
Parks & Recreation Fund
01/01/05
03/31/05
1
2.41%
21.13
0.03
21.16
Equipment Replacement Funds
01101105
03/31/05
1
141%
49.06
0.13
49.19
Totals for TEXPOOL Investments $4,909,920.24 $29,280.32 $4,939,200.56
09�
Investment Report Schedule
Investments for the Quarter ended March 31, 2005 '
INTEREST EARNED ON DEMAND DEPOSITS
Average
Interest Earned
Days to
Interest
Quarter ended
Period
Held
Maturity
Rate
March 31, 2005
Bond Redemp.Fund
01101105
03/31/05
1
2.22%
164.09
Court Technology Fund
01101105
03/31/05
1
2.22%
6.50
Drainage Construction Fund
01101105
03/31/05
1
2.22%
1,819.72
Equipment Replacement Funds
01101105
03/31/05
1
2.22%
877.21
General Fund
01101105
03/31/05
1
2.22%
14,905.85
Library Special Fund
01/01/05
03/31/05
1
2.22%
157.18
Motel Occupancy Fund
01/01/05
03/31/05
1
2.22%
7.94
Parks & Rec. Fund
01101105
03/31/05
1
2.22%
31.82
Police Narcotic Fund
01101105
03/31/05
1
2.22%
241.88
Solid Waste Fund
01101105
03/31/05
1
2.22%
2,388.30
SRF Construction & Escrow Funds
01/01/05
03/31/05
1
2.22%
386.30
SSES Fund
01101105
03/31/05
1
2.22%
1,315.73
W & S Certificate Fund
01/01/05
03/31/05
1
2.22%
224.32
Water & Sewer Fund
01101105
03/31/05
1
2.22%
2,133.57
Wastewater Construction Fund
01101105
03/31/05
1
2.22%
3,105.94
$27,766.35
1
1
1
1
C
Investment Report Schedule
March 31, 2005
Interest Earnings for Quarter Ended March 31, 2005
Bond Redemption Fund
$563.84
Capital Outlay Fund
2.27
Court Technology Fund
6.50
Drainage Construction Fund
1,819.72
Equipment Replacement Funds
877.34
General Fund
36,018.91
Library Special Fund
294.18
MCML Dispatch
3.76
Motel Occupancy Tax Fund
69.73
Parks & Recreation Special Fund
31.85
Police Narcotic Account
480.62
Solid Waste Fund
2,392.48
SRF Escrow & Construction Funds
1,327.89
SSES Fund
1,315.73
W & S Certificate Fund
224.32
Wastewater Construction Fund
3,105.94
Water & Sewer Fund
8,535.89
$57,070.97
nq�f
10 00
AN AMENDMENT TO ORDINANCE NO. 164 '
AN ORDINANCE SETTING REGULAR DATES FOR
COUNCIL MEETINGS TO BE HELD FROM MAY 16,
2005 THROUGH APRIL 24, 2006.
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 meeting shall begin at 3:00 p.m. on each of the following dates:
May 16, 2005
June 13, 2005
July 11, 2005
August 8, 2005
September 12, 2005
October 10, 2005
November 14, 2005
December 12, 2005
January 9, 2006
February 13, 2006
March 13, 2006
April 10, 2006
The remainder of the meetings shall begin at 6:00 p.m. on the following dates:
May 23, 2005 ,
June 27, 2005
July 25, 2005
August 22, 2005
September 26, 2005
October 24, 2005
November 28, 2005
December 19, 2005
January 23, 2006
February 27, 2006
March 27, 2006
April 24, 2006
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
25th day of April, 2005.
R. A. Nugent layor
City of Neder nd, Texas
ATTEST:
S2, iJ
LaDon a Floyd, City Clerk
City of Nederland, Texas ,
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughe , City Attorney
City of Nederland, Texas
I is
ORDINANCE 2005 -09
AN ORDINANCE REVISING CHAPTER 94,
SUBDIVISIONS, OF THE CITY OF NEDERLAND'S CODE
OF ORDINANCES TO INCLUDE AN ARTICLE IV
REGULATING PRIVATE STREET AND PRIVATE
SUBDIVISION DEVELOPMENT. PROVIDING FOR
SEVERABILITY; ESTABLISHING PENALTIES,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council of the City of Nederland finds and
determines that is in the best interest of the City to establish regulations
governing private street and private subdivision development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS:
SECTION 1. That Chapter 94 of the Code of Ordinances, City of Nederland,
Texas, is hereby amended by adding an ARTICLE IV. PRIVATE SUBDIVISION
DEVELOPMENT, and by adding new sections, which sections shall be
numbered Sec. 94 -109 through Sec. 94 -124, and which sections shall read as
follows:
Sec. 94 -109. Private streets.
(a) Generally. The City shall review and consider all development projects
where private streets are proposed to be developed which would provide access
to any residential building, dwelling unit or any part thereof or any commercial
building, which is located more than one hundred and twenty feet (120') from the
nearest City street to which the private street intersects. The City will review and
consider any proposed project where a private street is intended to serve two or
more separate lots or individual building sites designed for sale to the general
public.
(b) General arrangement and layout. The pattern or layout of the street system
in any project should provide for the following basic design concepts:
(1) Provide adequate vehicular access to all
buildings and facilities within the plat
boundaries.
(2) Provide adequate interior traffic circulation and
access to all buildings containing dwelling units
by firefighting personnel and equipment as
approved by the Fire Official.
(3) Provide adequate access to the existing public
street system adjacent to the boundaries of the
plat.
(4) Be so designed to allow for the smooth flow of
vehicular traffic, avoiding such traffic hazards
as closely off -set intersections, angular and
multiple point intersections, jogs and other
design features which would induce a hazard to
vehicular traffic and the occupants of the
project.
' (c) Width. Since private streets are established without the benefit of a
formalized right -of -way width, the width of a private street is considered by the
City to be the width of the surface of the pavement measured from edge to edge.
Under these circumstances, the right -of -way width and the pavement width of a
private street are considered coterminous and the terms are used
interchangeably. It is the policy of the City that the minimum acceptable
1C+2
unobstructed width of any private street should not be less than twenty -seven
(27) feet. If designated parking is proposed along the private street, additional
width may be required to accommodate such parking.
(d) Dead -ends, cul -de -sacs and T -type turnarounds. Dead -end private streets
must be terminated by a circular cul -de -sac having a paving radius of not less
than forty (40) feet or a T -type turnaround designed in conformance with the
standards approved by the Fire Department and the Public Works Department.
(e) Length of cul -de -sacs or dead -end streets. Dead -end private streets must
not extend further than one thousand (1000) feet from the nearest right -of -way
line of the intersecting public street measured along the centerline of such private
street to the center of the circular turnaround (cul -de -sac) or the outer limit of the
paving in the T -type turnaround configuration.
(f) Intersections. Private streets must not be direct (straight line) projections of
any public street.
(g) Multiple access points to public streets. All projects containing private
streets must have a private street system so designed to provide adequate
emergency vehicular access and the private street system must be designed to
provide more than one (1) point of access to the project or development from the
public streets adjacent to the boundaries of the project or development in those
instances where it is the opinion of the Fire Official that additional access points
will be necessary to insure the safety and general welfare of the public and
occupants of the project.
Sec. 94 -110. Street names.
Private streets. Street names will not be approved on any private street,
driveway or access easement shown on any plat submitted to the City for
approval.
Sec. 94 -111. Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Private street means any street, alley, road, or right -of -way, not dedicated to the
public.
Private subdivision means a subdivision containing one or more private streets
Sec. 94 -112. Applicability of division.
The requirements in this division shall apply to all private subdivisions within the
City's corporate limits and shall be in addition to all otherwise applicable
requirements in this chapter.
Sec. 94 -113, Infrastructure requirements.
(a) Private streets. Improved portions of private streets shall comply with the
specifications and design standards set forth in Article II, Division 3, of Chapter
94 and private streets shall be owned and maintained by a corporation,
community association or other legal entity established for this purpose.
(b) ADA Requirements. Builders shall verify that they are in compliance with
current ADA regulations.
(c) Utilities. All utility systems shall comply with current and subsequently
amended design standards of this ordinance and any other applicable
regulations of the City. Water, sanitary sewer, and storm sewer systems within a
private subdivision shall not be maintained by the City but must be maintained by
the subdivision association.
1
1
1
103
Sec. 94 -114. Infrastructure compliance.
' Upon completion of construction and prior to approval by the Director of Public
Works, the Director shall be provided with a written certification signed by a
registered professional engineer certifying that all infrastructure was designed
and installed as required by the provisions of this ordinance. The platting, review,
approval and filing processes described in Division II of the Subdivision
Ordinance shall govern all plats of private subdivisions.
Sec. 94 -115. Common areas and facilities maintenance.
(a) Responsibility for maintenance. Adequate provision shall be made for a
community association or other legal entity with direct responsibility to, and
control by, the property owners involved to provide for the operation and
maintenance of all common areas and facilities, including private streets and
sidewalks which are a part of the private subdivision. The applicant shall submit a
legal instrument establishing a plan for the use and permanent maintenance of
the common areas /facilities and demonstrating that the community association is
self - perpetuating and adequately funded to accomplish its purposes, and
providing the City and other governmental authorities with written permission for
access at any time without liability when on official business, and further to permit
the City to remove obstructions if necessary for emergency vehicle access and
assess the cost of removal to the owner of the obstruction. The instrument must
be approved as to legal form by the City Attorney prior to any plat recordation
and shall be recorded at the same time as the plat.
(b) Repairs ordered by the City. All repairs to and maintenance of private streets,
water and sewer lines and storm sewers which are ordered by the Director of
Public Works in writing and sent to the community association or other legal
entity responsible for such repairs and /or maintenance, must be completed within
the time specified in the notice. Failure to timely complete the ordered repairs or
. maintenance may result in any one or more of the following, at the sole option of
the City:
(1) Emergency services being withheld if emergency vehicles cannot
safely access the emergency site;
(2) Discontinuation of water /and or sewer; and /or
(3) The removal of all gates inhibiting access to the public and the
dedication of the private streets, sidewalks, and rights -of -way to the
public without consideration.
Sec. 94 -116. Lot size.
All residential and commercial lots within a private subdivision within the City
limits shall conform to Sections 18.1 through Section 18.7 of Appendix A (Zoning)
of the City of Nederland Code of Ordinances.
Sec. 94 -117. Streetlights and signs.
The developer of the subdivision has discretion for installation of streetlights.
The community association shall be responsible for the maintenance of and
utilities to the streetlights. Furthermore, the entrances to all private streets from
public ways must be marked with a sign stating that the street is a private street.
Sec. 94 -118. Fire Department requirements.
All fire codes adopted by the City of Nederland will be complied with
Sec. 94 -119. Gate design for emergency access.
(a) Approval. The construction plans of the design of the gate must be submitted
to and approved by the Fire Official as well as Director of Public Works.
(b) Access. All restricted access entrances must provide at all times a means for
access by City employees discharging their responsibilities, providing any
municipal services, or enforcing any of the rules and regulations contained in this
10
Ordinance or any ordinance adopted by this Ordinance as well as by all
personnel of other governmental entities charged with enforcing laws, rules or
regulations or providing services within the City into the subdivision in
accordance with this section. If the corporation, community association or other
legal entity responsible for maintaining the private streets fails to maintain reliable
access as required to provide the City services, the City may enter the
subdivision and remove any gate or device which constitutes a barrier to access
at the sole expense of the corporation, community association or other legal
entity responsible for maintaining the same. The corporation, community
association or other legal entity responsible for maintaining the streets in need of
repair shall be responsible for the costs associated with the removal of any and
all gates from a private subdivision together with all maintenance expenses to
bring the street in compliance with this division. Such costs must be paid within
30 days after receipt of a bill therefore.
(c) Location and specifications. All plans for installation of gates shall be
approved by the Chief Building Official and the Fire Official prior to any
construction. Gates shall be set back at least 40 feet from any public way to allow
fire apparatus to park completely off the street while gaining access. The
minimum clear opening for any gate shall be 20 feet. Gates shall be equipped
with an automatic reversing system in the event the gate strikes an object while
opening or closing. There shall be neither exposed gears nor overhead electrical
wiring in any gate system. Electric gates shall be equipped with a Knox Box and
single key, City- approved emergency access system designed to open and lock
open both the entry and exit gates. The key switch shall be installed in a location
approved by the Fire Department. In addition, a system key controlled "fail safe"
mechanism shall be installed to allow the gate to be manually opened in the
event of a power or mechanical failure. All fittings for system padlocks shall have
a minimum one -half inch diameter hole. The City- approved control access
system shall be operational and pass inspections of the Fire Official before the
gate may be placed in operation. Secondary emergency access gates shall be
equipped with a Knox Box and City- approved emergency access system
padlocks and shall be unobstructed at all times. These gates shall be equipped
with a positive mechanical latch to lock them in the open position. All fire lane
widths, tuming radiuses, set back and turnarounds requirements of this
Ordinance will apply to the portion of the private street where the gate is
installed.
Sec. 94.120. Location restrictions on private subdivisions.
A private subdivision may not cross an existing or proposed public street or right -
of -way.
Sec. 94 -121. Garbage collection.
If in the opinion of the Director of Public Works, private streets within the city
limits are arranged so that garbage may be collected without creating a safety
hazard, the City may collect the garbage. Garbage collection locations shall be
subject to the approval of the Director of Public Works. In the event the City does
not collect garbage within a private subdivision within the city limits, all units may
be exempted from payment of garbage fees upon furnishing evidence ensuring
acceptable removal of all garbage and refuse by private means. To receive such
exemption, written application must be submitted to and approved by the Director
of Finance.
Sec. 94 -122. Additional information on plat required.
Indemnification. On the subdivision final plat shall be the following language:
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It shall be expressly understood and agreed by and between the owner of the
subdivided property that the owner, its officers, agents and employees and /or its
successors, assigns (collectively the "owner ") shall defend, indemnify and hold
the City, its officers, agents and employees (collectively the "City "), harmless '
against any and all claims, lawsuits, judgments, costs and expenses, including
attorneys' fees, for personal injury, death, property damage or other harm for
which recovery of damages is sought, suffered by any person, that may arise out
of or be occasioned in any way by the repair, maintenance or condition of any
utility, private street, sidewalk, streetlight, or street sign located within the
subdivision or the gates and /or barriers restricting access to the private
' subdivision, where such injuries, death or damages are caused by the joint
negligence of the City and the owner, and/or by the joint or sole negligence of the
owner. It is the expressed intention of the parties hereto, both the owner and the
City, that the indemnity provided for in this subsection is indemnity by the owner
to indemnify, protect and defend the City from the consequences of the City's
own negligence where that negligence is a concurring cause of the injury, death
or damage with that of the owner's joint and sole negligence. Furthermore, the
indemnity provided for in this subsection shall have no application to any claim,
loss, damage, cause of action, suit and liability where the injury, death or
damage results from the sole or concurrent negligence of the City unmixed with
the fault of the owner. If any action or proceeding is brought against the City by
reason of any of the private subdivision in any way, the owner further agrees and
covenants to defend the action or proceeding by legal counsel acceptable to the
City, such acceptance not to be unreasonably withheld.
Sec. 94 -123. Notice to purchasers.
(a) A person who sells or conveys real property located within a private
subdivision shall tender a written notice to purchaser as provided in this section.
(b) The provisions of this section shall not be applicable to:
(1) Transfers of title under any type of lien foreclosure;
(2) Transfers of title by deed in cancellation of indebtedness secured by a
lien upon the property conveyed; or
(3) Transfers of title by reason of a will or probate proceedings
(c) The notice required herein shall be executed by the seller and shall read as
' follows:
The real property, described below, that you are about to purchase is located
within a private subdivision as defined by Chapter 94 of the Code of Ordinances
of the City of Nederland, Texas. The streets, sidewalks, driveways, curbs and
gutters within the private subdivision are not maintained by the City of Nederland,
but by a corporation, community association or other legal entity, with direct
responsibility to, and controlled by, the property owners of property within the
private subdivision. Such corporation, community association or other legal entity
solely has the obligation to provide for the operation and maintenance of all
streets, sidewalks, driveways, curbs, gutters, and other common areas within the
subdivision.
Failure to timely complete repairs or maintenance to streets, sidewalks,
driveways, curbs and gutters within as ordered by the Director of Public Works
may result in (i) emergency services being delayed if emergency vehicles cannot
safely access the emergency site; (ii) discontinuation of water and /or sewer;
and /or (iii) the removal of all gates inhibiting access to the public into the
subdivision and the dedication of the private streets, sidewalks, and right -of -way
to the public without consideration.
Additionally, the private subdivision and owners of property located
therein are subject to and covered by indemnification provisions as set forth on
the subdivision final plat.
The legal description of the property you are acquiring is as follows:
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Signed this the day of 2005,
Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the foregoing notice
at or prior to execution of a binding contract for the purchase of the real property
described in such notice or at closing of purchase of the real property.
Signed this the day of 2005.
Signature of Purchaser
(d) The notice required by this section shall be given to the prospective
purchaser prior to execution of a binding contract of sale and purchase either
separately or as an addendum or paragraph of a purchase contract. If, however,
the seller fails to furnish the required notice at or prior to closing the purchase
and sale contract and the purchaser closes on the property, it shall be
conclusively presumed that the purchaser closed on such property with
knowledge of all of the information contained in the notice.
(e) At the closing of purchase and sale, a separate copy of such notice shall be
executed by the seller and purchaser, acknowledged, and thereafter recorded in
the deed records of the county in which the property is located.
(f) For the purposes of this section, an executory contract of purchase and sale
having a performance period of more than six months shall be considered a sale
under subsection (a) above.
Sec. 94 -124. General penalty; continuing violations
(a) Any person that violates or assists in the violation of any provision of
this Article, or fails to comply with the requirements thereof, shall be
guilty of a misdemeanor and upon conviction shall be penalized as
provided for in Sec. 1 -4 of the Code of Ordinances of Nederland,
Texas.
(b) Each day such a violation exists shall constitute a separate offense.
(c) The provisions of this Article shall be administered and enforced by
the City Manager or his designate.
(d) In order to enforce the provisions of this Article, the City Attorney is
authorized to institute any civil action in the appropriate Court upon
the prior approval of the City Manager.
SECTION 3. SEVERABILITY.
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If any provision, section, subsection, sentence, clause or phrase of this
ordinance, or the application of same to any person or set of circumstances for
any reason is held to be unconstitutional, void or invalid or for any reason
unenforceable, the validity of the remaining portions of this ordinance of the '
application thereby shall remain in effect. It being the intent of the City Council in
adopting this ordinance, that no portion thereof or provision contained herein
shall become inoperative or fail by any reason of unconstitutionality or invalidity
of any portion or provision.
SECTION 4. EFFECTIVE DATE.
' This ordinance shall become effective after its publication and passage at
a regularly scheduled meeting of the City Council.
PASSED AND APPROV D by the City Council of the City of Nederland,
Texas this o?-5' ay of 1 .2005.
R. A. Nugent,� ayor
City of Nederra rd, Texas
ATTEST:
,AS,,
LaDonna Floyd, City Cle k
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
' Richard D. Hughes, City Attorney
City of Nederland, Texas
J
107
t(I,
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
May 16, 2005
1. MEETING
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tem Sawyer and seconded by
Councilmember Rogers to approve the minutes of the April 25, 2005 meeting as
written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
Mayor Nugent presented a plaque to outgoing Councilmembers Sawyer and
Radcliff thanking them for their dedication to the citizens of Nederland and for
their many years of service to the community.
3. ELECTION
LaDonna Floyd, City Clerk, read the returns of the May 7, 2005 General Election.
There were a total of 954 ballots cast. Each candidate received the following
number of votes:
Council, Ward I Early Voting Election Day Total
Jeff Ortiz 170 143 313
Timothy "Tim" Sheffield 320 232 552
Council, Ward III
Debby L. Griffin 275 201 476
Don Albanese 261 200 461
A motion was made by Councilmember Radcliff and seconded by Mayor Pro
Tem Sawyer to accept the election returns as read. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
LaDonna Floyd, City Clerk, administered the Oath of Office to Tim Sheffield,
Councilmember Ward I; and, Debby Griffin, Councilmember Ward III.
I
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Minutes continued, May 16, 2005
A motion was made by Councilmember Neal and seconded by Mayor Nugent to
authorize payment to the election officials in accordance with the Texas Election
Code in the total amount of $1,052.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by
Councilmember Sheffield to elect Billy Neal as Mayor pro tempore in accordance
with Section 3.06 of the City Charter. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
PROCLAMATION
Mayor Nugent presented a Proclamation to members of the Mavericks, MC of
Texas, which is a local motorcycle club, declaring March as "Motorcycle Safety
and Awareness Month" in Nederland. The members thanked the Council for
their support in helping inform the public about the need to continually be aware
of motorcycle riders.
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve the Proclamation declaring May 2005 as "Motorcycle
Safety and Awareness Month" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
5. STREETS AND SIDEWALKS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to authorize the installation of a street light at 7635 Holmes /Smith Road.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A, motion was made by Councilmember Rogers and seconded by Mayor Pro Tern
Neal to authorize the installation of a street light in the 700 block of South 12th
Street. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
6. BIDS /PURCHASES
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tem Neal to authorize the purchase of a gas boiler for City Hall from W. Williams
Refrigeration and Air Conditioning in the amount of $8,900.00. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
109
-. 1
Minutes continued, May 16, 2005
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
authorize the advertisement of bids to relocate a sewer force main. MOTION
CARRIED..
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
PAYMENTS
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to approve a payment to d.p. Constulting Engineers, Inc. in the amount of
$935.00, upper Main "C" drainage improvements. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded by
Councilmember Rogers to approve a payment to Soutex Surveyors, Inc. in the
amount of $2,500.00, 2005 sewer line rehabilitation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
approve a payment to Schaumburg & Polk, Inc. in the amount of $3,420.00, FY
2005 wastewater rehabilitation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve payment of the bills for the month of April. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember Rogers
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
PUBLIC OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reminded Council that due to today's meeting being
conducted on the 3`d Monday in order to comply with the Texas Election Code
requirements for canvassing the results of the election, our next meeting will be
held next Monday. He added that he received a call from David Waxman
regarding the City's recent application for the CDBG and the City did score fairly
well on the regional level and it appears that we were ranked 9'h on the State
level. If the Federal government continues the program it is anticipated that 11 or
12 projects will be funded.
Minutes continued, May 16, 2005
10. ADJOURN
' There being no further business a motion was made by Councilmember Sheffield
and seconded by Mayor Nugent t adjourn the meeting at 3:40 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
Noes: None.
ATTEST:
Z & "n S:�2L-
LaDonna Floyd, City Clerk 1�
City of Nederland, Texas
1
1
R. A. Nugent, yor
City of Nederland, Texas
11i
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Robert Sawyer
Council Member
Billy Neal
Council Member
L�
Judy Radcliff
Council Member
y�
Bert Rogers
Council Member
Andre Wimer
City Manager
Ls'
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
p�
Darrell Bush
Police Chief
Gary Collins
Assistant Fire Chief
►/
Cheryl Dowden
Director of Finance
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
ct
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
v �-
G _
R. A. Nugent, M or
LaDonna Floyd, City Clerk
Date
1
n
I !
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
l✓
Tim Sheffield
Council Member —Ward I
Billy Neal
Council Member— Ward II
Debby Griffin
Council Member— Ward III
Bert Rogers
Council Member— Ward IV
✓
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
Gary Collins
Assistant Fire Chief
t/
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
R. A. Nugent layor
LaDonna Floyd,, City
Date
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND I
6:00 p.m. May 23, 2005
MEETING
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to approve the minutes of the May 16, 2005 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
PROCLAMATIONS
Mayor Nugent stated that it is always a pleasure to honor our young members of
the community and tonight we are fortunate to be able to honor two athletic
groups from Nederland High School. He added that Nederland is continuing the
tradition of having successful athletic programs and we are happy to recognize
the varsity baseball and softball teams for their winning seasons.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve a proclamation declaring May 23, 2005 as "Nederland High
School Varsity Baseball Day" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
The Council congratulated the coaching staff and baseball team for their
successful year and wished them continued success in the future.
Mayor Nugent presented the proclamation to Coach Cody Robbins who
introduced his coaching staff and members of the team.
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to approve a proclamation declaring May 23, 2005 as
"Nederland High School Varsity Softball Day" in Nederland, Texas. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None. ,
Mayor Nugent presented the proclamation to Coach Sissy Lemons who
introduced her coaching staff and members of the team.
Minutes continued, May 23, 2005
The Council also congratulated the softball coaching staff and team members on
their successful season.
Mayor Nugent recessed the meeting at 6:15 p.m.
The meeting was reconvened at 6:27 p.m. by Mayor Nugent.
LICENSE TO ENCROACH
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
approve Resolution No. 2005 -03, authorizing a License to Encroach at 1516
Hamilton Court and authorizing the City Manager to sign the document.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
BIDS /PROPOSALS
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to award bids for water meter lids to DFW Plastics, Inc,,
Bedford, TX, in the amount of $72,900. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Terry Hale, City- County Benefits Services, reviewed the bids received for City
employee dental insurance. He stated that bid notices were published and
mailed to all major carriers with seven bids received. They were as follows: Blue
Cross /Blue Shield; CompBenefits; Guardian; Humana; SafeGuard Dental;
UniCare; and, United Healthcare. Mr. Hale recommends that the City award the
contract for dental benefits to CompBenefits, the current carrier, for a two (2)
year period beginning July 1, 2005. The benefits will remain the same and will
provide for ease of administration with no transition or enrollment required,
current rates will be maintained with no increase cost to either the City or
employee, and the rates are guaranteed for two (2) years.
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to authorize the award of bids for dental insurance to CompBenefits for
two (2) years beginning July 1, 2005, as recommended by City- County Benefits
Services. MOTION CARRIED.
Mr. Hale then reviewed the bids received for long term disability insurance. Six
bids were received as follows: Blue Cross /Blue Shield; Mutual of Omaha;
Standard Insurance; Sun Life; UniCare; and United Healthcare. He added that
the bids specifications requested a multi -year contract and all bids received
offered a multi -year rate except Blue Cross /Blue Sheild. Upon review of all bids
received he has recommended that the City award the bid to Standard Insurance
for three (3) years with a guaranteed rate of $0.26/$100 of salary.
115
116 Minutes continued, May 23, 2005
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to authorize the award of bids for long term disability insurance to Standard
Insurance for three years in the amount of $.26/$100 of salary. MOTION
CARRIED. f
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
CONTRACTS /AGREEMENTS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve an agreement with Interface EAP for the Employee
Assistance Program. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the City of Nederland ranked ninth in
the TCDP project scores for submissions in this area. At this time it appears that
we will be eligible for funding. He added that due to the Memorial Day holiday
next week garbage service will be delayed one day.
9. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Mayor Pro Tern Neal to adjourn the meeting at 6:50 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
R. A. N ge Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City CIL4rk
City of Nederland, Texas ,
117
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Tim Sheffield
Council Member — Ward I
`f
Billy Neal
Council Member —Ward II
Debby Griffin
Council Member —Ward III
Bert Rogers
Council Member —Ward IV
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
+�
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
Gary Collins
Che I Dowden
Assistant Fire Chief
Director of Finance
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
t�
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
aa,
R. A. 1 gent, M r 9
LaDonna Floyd, City Clerk
s -a3 -�s
Date
218
RESOLUTION 2005 -03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, JEFFERSON COUNTY, TEXAS,
AUTHORIZING THE EXECUTION OF A LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY OF
NEDERLAND AND DR. GORDON BRUCE HEALEY AND
WIFE, SHERYL A. HEALEY, REGARDING
ENCROACHMENTS ADJACENT TO LOTS 4, 5, AND 6,
HAMILTON COURT TO THE CITY OF NEDERLAND.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City Manager is hereby authorized and directed to execute on behalf
of the City, a License to Encroach Agreement between the City of Nederland (Licensor)
and Dr. Gordon Bruce Healey, and wife, Sheryl A. Healey (Licensee), pertaining to
encroachments adjacent to Lots 4, 5, and 6, Hamilton Court, a copy of said Agreement
being attached and made a part hereof.
PASSED AND APPROVED this the,)-? day of i" 9 Lr —2005
1
R. A. Nugent, ayor
City of Nederland, Texas '
ATTEST:
Vel:uC1"l!`v c�cX.o' -I
LaDonna Floyd, City Cldrk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes ity Attorney
City of Nederland, Texas
1
119
I
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
MEETING
June 13, 2005
The regular meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Rogers and seconded by
Councilmember Sheffield to approve the minutes of the May 23, 2005 meeting as
written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. NEDERLAND ECONOMIC DEVELOPMENT CORPORATION
Rick Williams, Nederland Economic Development Corporation, gave a report on
proposed NEDC projects. He reported that they continue to negotiate with
potential businesses and currently have a fund balance of approximately $2.2
million. Mr. Williams stated that the sell of the old WalMart building to Ritter
Group has been finalized and will be named Heritage Town Center. Ritter
Lumber Company will occupy 43,000 square feet of the interior of the building
and the remainder will be made available to additional retail business. Ritter
Group has hired Arnold Associates, who will work with the NEDC, to encourage
businesses to locate in the building. Ritter Lumber hopes to occupy the building
by the middle of October. The Candlewood Suites Hotel project has been
complete with respect to financing. Final plans have been submitted to the City's
Building Official and construction is expected to begin in July. Mr. Williams
added that the apartment complex project to be built on Nederland Avenue is
waiting on government financing and is anticipated to begin construction by the
end of summer. The largest proposed project, Sunset Village, is proceeding with
respect to obtaining commitments from various retailers. Mr. Williams stated that
the entertainment venue has been confirmed. The developer has received a
letter of intent from one large retailer as well. This total project cost will be
approximately $40 - $50 million. The developer is hoping to have at least the
entertainment venue and one large retailer completed by September 2006.
Councilmember Rogers asked Mr. Williams why the property on Hwy. 69 is never
completely mowed. Mr. Williams responded that bids were taken to have the
property routinely mowed and the low bidder does the mowing one section at a
' time. He added that it was strictly a cost saving issue, but he would bring this
item to the NEDC Board of Directors for consideration.
120
Minutes continued, June 13, 2005
Mr. Williams added that Candlewood Suites Hotel does rot have a restaurant,
however, they have made contact with Sanderson's Restaurant to place a menu
in each room and provide room service.
4. RESOLUTIONS
A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Neal to
approve Resolution No. 2005 -04, authorizing participation with other Entergy
service area cities in matters by Entergy at the Public Utility Commission of
Texas in 2005. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve Resolution 2005 -05, authorizing the submission of various
street projects for the FY 2007 JOHRTS Metropolitan Transportation Plan -2030
Update. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
5. BIDS /PROPOSALS
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to authorize the award of bids for relocation of a force
main near the Southeast Texas Regional Airport to Excavators & Constructors,
Inc., Port Arthur, TX, in the amount of $71,350.90. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. GRANT
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Griffin to authorize the submission of an application to the State Comptroller for a
Tobacco Compliance Grant. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
PAYMENTS
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve a payment to Don S. Reichle & Associates, Inc. in the
amount of $1,950.00, South 5tt' Street elevated water storage tank. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None. I
121
Minutes continued, June 13, 2005
A motion was made by Mayor Nugent and seconded by Councilmember Rogers
to approve a payment to d.p. Consulting Engineers, Inc. in the amount of
$1,425.00, Boston Avenue landscaping project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to approve a payment to Brystar Contracting, Inc. in the amount of $102,620.44,
FY 2005 wastewater system rehabilitation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to approve payments to Schaumburg & Polk, Inc., as follows: $3,651.76,
Beauxart Garden Road improvements; and, $900.00, FY 2005 wastewater
system rehabilitation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve payment of the bills for the month of May. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
8. EXECUTIVE SESSION
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
9. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, responded to a statement made on the local
television stations by Jefferson County Judge Carl Griffith regarding the
possibility of the City of Nederland or the City of Port Arthur annexing the airport
fire station. Mr. Wimer stated that this was proposed several years ago and City
staff researched the pros and cons of annexing any portion of the airport
property. It was learned that FAA regulations require airport firefighters to be on
the premises at all times, therefore, it would not be feasible for the City to annex
it. They would not be allowed to provide fire service throughout the City. The
property is not taxable, therefore, we would be assuming a $500,000 to $600,000
expense and placing that burden on the taxpayers. Mayor Pro Tern Neal stated
that he feels the City should at least consider doing something at or near the
airport property. Mr. Wimer replied that he will place at item on the next agenda
for further discussion.
122 Minutes continued, June 13, 2005
Mayor Pro Tern Neal asked about the investigation of the fires at Parkway Village
Mobile Home Park. Assistant Fire Chief Collins responded that they are
continuing their investigation and are trying to obtain permission to question the '
woman that has been arrested for several arson related fires in Orange and
Jefferson Counties. The woman remains in jail and they are required to speak
with her attorney prior to questioning.
10. ADJOURN
There being no further business, a motion was made by Mayor Nugent and
seconded by Councilmember Rogers to adjourn the meeting at 3:47 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
,g , s---
R. A. Nugent, ayor
City of Nederl nd, Texas
IAItf *�
LaDonna Floyd, City Clerk
City of Nederland, Texas
1
1
1.2 3
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Tim Sheffield
Council Member —Ward I
Billy Neal
Council Member —Ward Il
!/
Debby Griffin
Council Member —Ward III
1/
Bert Rogers
Council Member —Ward IV
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
✓
Lois Coco
Acting City Clerk
✓
Richard Hughes
City Attorney
Darrell Bush
Police Chief
Gary Collins
Assistant 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
I ,/
R. A. Nugent, M or
LaDonna Floyd, City Cler c
-13 0:'
Date
124
CITY OF NEDERLAND
RESOLUTION NO. 2005 -04
A RESOLUTION OF THE CITY COUNCIL OF
NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION
WITH OTHER ENTERGY SERVICE AREA CITIES IN
MATTERS BY ENTERGY AT THE PUBLIC UTILITY
COMMISSION OF TEXAS IN 2005.
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, changes to the Public Utility Regulatory Act addressing rates and
rate proceedings will have a direct impact on EGSI and customer bills during the
continued transition to competition;
WHEREAS, EGSI is scheduled to file various proceedings at the Public Utility
Commission in 2005 related to transition to competition expenditures; capacity cost
surcharges; various fuel cost surcharges; and for approval of various market structures
necessary for the implementation of fair competition;
1
WHEREAS, EGSI is scheduled to file a fuel factor proceeding at the Public Utility
Commission in September 2005, and may file other fuel proceedings during 2005 to
reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism, '
along with various surcharge requests impacting base rates;
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;
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 rate filings related to the recovery of transition to competition costs,
capacity costs and fuel cost proceedings, which include fuel reconciliation (s), fuel factor
and fuel surcharge /refund cases filed at the Public Utility Commission in 2005 seeking
appropriate regulatory scrutiny.
The City of Nederland shall participate with other Cities to intervene in
proceedings at the Public Utility Commission filed in 2005 concerning EGSI's readiness '
for competition, market power, organizations and structures to assure fair competition to
all customer classes, and 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 by the City Council of the City of Nederland, Texas, this -L3- day of
2005.
THE CITY OF NEDERLAND, TEXAS
By:
ATTEST:
O my o f
LaDonna Floyd, City C erk
' APPROVED AS TO FORM:
ichard D. Hughes, Cffy Attorney
1
125
126
CITY OF NEDERLAND
RESOLUTION NO. 2005 -05
A RESOLUTION BY THE CITY OF NEDERLAND
AUTHORIZING THE SUBMISSION OF VARIOUS STREET
PROJECTS FOR THE FY 2007 JOHRTS METROPOLITAN
TRANSPORTATION PLAN -2030 UPDATE AND STATING
THAT THE CITY'S COST SHARE FOR SELECTED
PROJECTS WILL BE AVAILABLE AT SUCH TIME THAT AN
APPROVED PROJECT IS SCHEDULED FOR
CONSTRUCTION.
WHEREAS, the Southeast Texas Regional Planning Commission's JOHRTS
Transportation Planning Committee has issued project call for submission of potential
street projects in the FY 2007 JOHRTS Metropolitan Transportation Plan -2030 Update;
and
WHEREAS, such proposed street projects must be received by the Southeast
Texas Regional Planning Commission by June 16, 2005; and
WHEREAS, the City must indicate the necessary matching funds will be available at
the time of construction should a submitted project be selected for inclusion in the FY 2007
JOHRTS Metropolitan Transportation Plan -2030 Update.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City submits the following street projects for consideration by the JOHRTS '
Planning Committee:
27th Street, Helena Avenue to Canal Avenue
Avenue H, Twin City Highway to East City Limits
21 s' Street, Nederland Avenue to Avenue H
18th Street, Canal Avenue to Spurlock Road
South 29'h Street, Avenue H to FM 365
Hillterrace Avenue, Hardy Avenue to FM 365
Hardy Avenue, Avenue A to Avenue H
Canal Avenue, Twin City Highway to Highway 69
THAT the necessary matching funds will be available at the time of construction for
any of the aforelisted projects should they be selected for inclusion in the FY 2007
JOHRTS Metropolitan Transportation Plan -2030 Update.
PASSED AND APPROVED this the 13_ day of 2005.
R. A. Nuge Mayor
City of Neduyrland, 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
127
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m.
MEETING
June 27, 2005
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Griffin to approve the minutes of the June 13, 2005 meeting as written. MOTION
CARRIED
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. BIDS /PROPOSALS
A motion was made by Councilmember Rogers and seconded by
Councilmember Sheffield to accept a proposal from Thomason Enterprises for
the demolition of structures located at 3415 Nashville Avenue; 304 Nederland
Avenue (to the slab only); and, 819 Chicago Avenue in the amount of $9,145.00.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
STREETS AND SIDEWALKS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to approve payment for street repairs associated with a Jefferson County
Drainage District No. 7 project in the amount of $9,240.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
5. CONTRACTS /AGREEMENTS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve Amendment #1 to the Advance Funding Agreement
between the Texas Department of Transportation and the City of Nederland for
the Boston Avenue pavement restoration project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
128
Minutes continued, June 27, 2005
A motion was made by Councilmember Sheffield and seconded by Mayor
Nugent to approve an agreement with RDK Truck Sales and Rentals for rental of
a trash truck in the amount of $5,500.00 /month, contingent upon final approval of '
the agreement by the City Attorney. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. SOUTHEAST TEXAS REGIONAL AIRPORT
Andre' Wimer, City Manager, explained that the item to discuss fire protection at
the Southeast Texas Regional Airport was placed on the agenda at the request
of the Council during the last meeting. He stated that this was a result of a
comment made by Jefferson County Judge Carl Griffith regarding the possible
annexation of the airport fire department by the City of Nederland or the City of
Port Arthur. Mr. Wimer added that this possibility was researched by City staff
several years ago and at that time it was discovered that FAA regulations require
fire fighting personnel be on site at all times. Expenditures would be $500,000 to
$600,000 per year and the property would be nontaxable, therefore, the burden
would be placed on our citizens. He stated that he could set up a meeting
between the Judge Griffith, City Council, and the NEDC Director if they would like
to further discuss the issue with the County. Councilmember Neal stated that
due to the expected growth in the area he would at least like to discuss the
possibility with them. Mr. Wimer stated that he would try to arrange a meeting as
soon as possible.
APPOINTMENTS '
A motion was made by Councilmember Sheffield and seconded by Mayor
Nugent to appoint Robert Sawyer to the Planning and Zoning Commission to fill
an unexpired term through June 30, 2006. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to appoint Guy Barlow to the Zoning Board of Appeals /Trailer Park
Board of Appeals for a four -year term, beginning July 1, 2005 and ending June
30, 2009. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Griffin and seconded by Councilmember
Rogers to approve the following appointments to the Construction Board of
Appeals: Boyd Meier, Steve Gentile, and Ron Minaldi to a two (2) year term
beginning July 1, 2005 and ending June 30, 2007; and, Danny Delahoussaye to
a one (1) year term beginning July 1, 2005 and ending June 30, 2006. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. I
Noes: None.
Minutes continued, June 27, 2005
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
appoint George Eisenmann to the Firefighters' Civil Service Commission for a
three (3) year term beginning July 1, 2005 and ending June 30, 2008. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
B. FIRE CHIEF /FIRE MARSHALL
Andre' Wimer, City Manager, stated that Fire Chief /Fire Marshall Mike Lovelady
requested that his review be conducted in open session. Mr. Wimer added that
all Council appointments expire on June 30`h of each year and the remainder of
appointees have elected to conduct their reviews in Executive Session. He
stated that the action placing Chief Lovelady on paid administrative leave began
almost a year ago with the opening of the Command Van Account. Subsequent
to that there were other concerns by Council that resulted in the leave. Two
separate investigation were performed by an independent firm, Clawson &
Associates. The first investigation pertained to the unauthorized opening of the
bank account and the second an overall evaluation of the Fire Department, it's
personnel, and policies and procedures.
Mike Clawson, Clawson & Associates, briefly reviewed his findings of the two
investigations. He stated that the City engaged his services to investigate claims
and threatened litigation brought against the City by the Nederland Volunteer Fire
Department, Inc. Specifically, that Nederland Fire Chief Mike Lovelady and
Assistant Fire Chief Gary Collins opened and utilized Wells Fargo Account #795-
1065162 in the name of NVFD and without the express or implied consent of the
NVFD. Mr. Clawson determined that the account was opened without
authorization and by doing so violated State statutes and Home Rule Charter
provisions. The second investigation was to conduct a field study of personnel
and operational issues that surfaced within the Nederland Fire Department. He
was requested to interview any and all full -time personnel within the Department
who desired to express any recommendations, concerns, complaint or general
gripe regarding operations, activities or procedures. Mr. Clawson reported that
he interviewed twelve members of the Department, adding that Chief Lovelady
declined to be interviewed on the record. Upon conclusion of this investigation
Mr. Clawson stated the Department is facing a leadership crisis.
Fire Chief /Fire Marshall Mike Lovelady read a prepared statement to Council. He
stated that he requested an open hearing because he feels he has not been
afforded a fair evaluation of his job performance. He believes that his work
record should speak for itself and not by hearsay of the Fire Department
personnel and outside sources.
Mayor Pro Tern Neal asked Chief Lovelady if he would consider retiring and he
responded that he would not.
Edward Fontenot, 620 — 9`h Street, addressed the Council as the husband of the
Fire Department secretary who was the subject of one of the anonymous letters.
He asked about the status of the investigation to determine the author who made
racial slurs about Mrs. Fontenot.
129
130 Minutes continued, June 27, 2005
Mr. Hughes, City Attorney, responded that the investigation is ongoing to
determine the author. Due to the fact that they were submitted anonymously a
more in depth investigation will be necessary. The City has a legal obligation to
,
continue their efforts in this matter to ensure that the Department does not
constitute a hostile work environment.
Glenn Crorey, Beaumont, TX, spoke as a past Nederland firefighter and a friend
of Chief Lovelady and asked that Council to consider his past experience and all
he has done for the fire service in Nederland.
Albert Rienstra, 819 South 12th Street, asked the Council if Chief Lovelady was
incapable why did they wait 30 years to solve the problem. He added that
perhaps the Council should be considered incapable.
John Williams, 403 South 1s' Street, asked that all parties take a step back to
look at the process and determine if Chief Lovelady has been provided common
courtesy and due process. He added that he does not know if the evidence
would support what is happening today and that if one does not exist a job
description should be provided and reviewed along with evaluations. Mr.
Williams urged Council to ensure that Chief Lovelady has been afforded the
opportunity to defend himself.
Debbie Violette, P. O. Box 2113, Nederland, stated that she has known Chief
Lovelady for years and feels he is a loyal City employee and does not deserve
the treatment he is receiving.
Councilmember Rogers stated that he also has known Chief Lovelady for several
'
years, but that he has been provided with due process and has spent over 10
hours in Executive Session with Council discussing their concerns with him. He
added that Chief Lovelady was provided with progressive forms of discipline.
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
that effective at 12:01 a.m., July 1, 2005, all administrative pay to Mike Lovelady
will cease and that he not be reappointed to the position of Fire Chief /Fire
Marshall. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Councilmember Sheffield stated that although he was only elected during the
May 7th election he voted the way he did because of all the evidence he had
been provided. He found it difficult that with all the anonymous letters Chief
Lovelady solicited there were no positive remarks submitted.
Mayor Nugent responded that Mr. Lovelady is an excellent firefighter, but the
Council has lost all confidence in him as a department head.
9. EXECUTIVE SESSION
The regular meeting was recessed at 6:55 p.m, by Mayor Nugent for the purpose ,
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.074, discuss personnel appointments — City Clerk, Director of
Minutes continued, June 27, 2005
Finance, Police Chief, City Judge, and City Attorney; 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., appeal of Texas Gas Service Company from ratesetting actions of the Cities
of Nederland, Port Neches, and Groves; and, consultation with City Attorney.
10. RECONVENE
The regular meeting was reconvened at 7:24 p.m. by Mayor Nugent.
11. PUBLIC OFFICIALS
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
authorize the following appointments: LaDonna Floyd, City Clerk; Cheryl
Dowden, Director of Finance; Darrell Bush, Chief of Police; John Borne, City
Judge; and, Richard Hughes, City Attorney. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
12. PUBLIC OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the Avenue H crossing project by
Drainage District No. 7 will result in the street closure for quite some time. The
City will observe Independence Day on Monday, July 4 ", therefore, garbage
service will be provided one day later for all customers.
Mayor Nugent reported that he attended a meeting along with the City Manager
and City Clerk at the Jefferson County Commissioner's workshop regarding the
new election system that will be installed prior to January 1, 2006.
13. ADJOURN
There being no further business a motion was made by Councilmember Sheffield
and seconded by Councilmember Griffin to adjourn the meeting at 7:30 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
R. A. Nugent, Mayor
ATTEST:
aa,LL� J
131
cZ
LaDonna Floyd, City Cldrk
132
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
✓
Tim Sheffield
Council Member — Ward I
✓
Billy Neal
Council Member —Ward II
✓
Debby Griffin
Council Member —Ward III
/
Bert Rogers
Council Member — Ward IV
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
✓
Richard Hughes
City Attorney
✓
Darrell Bush
Police Chief
Gary Collins
Assistant 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
it
R. A. Nugent, , ayor
LaDonna Floyd, City Clerk
Date
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
0
3:00 p.m.
MEETING
CITY OF NEDERLAND
July 11, 2005
The regular meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at
the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilmember Sheffield and seconded by
Councilmember Rogers to approve the minutes of the June 27, 2005 meeting as
written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. CONSUMER CONFIDENCE REPORT
Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2004 Drinking
Water Quality Report (Consumer Confidence Report) which was recently 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 maximum
allowable levels for any contaminates.
4. REQUEST
Andre' Wimer, City Manager, stated that representatives from Sunoco Partners
Marketing & Terminals L..P. are requesting an ad valorem tax abatement on a
new 660,000 barrel storage tank that will be constructed at their Nederland
terminal. The estimated cost is $5,800,000 and it is anticipated that construction
will begin in July and be completed in early 2006. The Industrial District
Agreement between the City and Sunoco allows for requesting a tax abatement
for new plant facilities and improvements.
A motion was made by Councilmember Griffin and seconded by Mayor Nugent to
approve the request from Sunoco Partners Marketing & Terminals L.P. for an ad
valorem tax abatement. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
133
134 Minutes continued, July 11, 2005
5. RESOLUTIONS
A motion was made by Councilmember Sheffield and seconded by
Councilmember Rogers to approve Resolution No. 2005 -06, authorizing the
submission of a Fiscal Year 2005 Port Security Grant to the U. S. Department of
Homeland Security. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to approve Resolution No. 2005 -07, approving a Master Advance Funding
Agreement with the Texas Department of Transportation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded by
Councilmember Rogers to approve Resolution No. 2005 -08, approving a Funding
Transportation Project Advance Funding Agreement for a Congestion
Mitigation /Air Quality Project for traffic signal pre - emption. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve Resolution No. 2005 -09, supporting additional Federal
funding for maintenance dredging of the Sabine - Neches Waterway. MOTION '
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. PAYMENTS
A motion was made by Mayor Nugent and seconded by Councilmember Rogers
to approve payment to d.p. Consulting Engineers, Inc. in the amount of
$1,286.00, Boston Avenue landscaping project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve payments to Excavators & Constructors, Inc. as follows:
$67,336.00, Hwy. 69 /Airport area force main relocation; and, $3,544.00, Hwy.
69 /Airport area force main relocation, final. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to approve payment of the bills for the month of June. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. I
Noes: None.
Minutes continued, July 11, 2005
7. BUDGET
Andre' Wimer, City Manager gave a brief overview of the proposed 2005 -2006
budget and announced that the Public Hearing will be held at 3:00 p.m., August
8th. The General Fund proposed budget includes projected revenues of
$6,561,993 and anticipated expenditures of $6,961,773. Fund balance in the
amount of $399,780 will be utilized to offset this difference. Of this amount
$250,000 is allocated to the Equipment Replacement Fund - General Fund in
order to provide monies for future expenditures. The remaining amount,
$149,780, will be utilized to offset the operational deficit.
Mr. Wimer reviewed the significant changes in the remaining funds. In the Water
and Sewer Fund a proposed increase in sewer rates in the amount of $.2511,000
gallons of consumption has been included. The budget includes the addition of
a Maintenance Worker position in the Water Distribution and Sewer Collection
Department at a cost of $37,864. The Meter Reader position will be reclassified
from pay grade 103 to 105. The proposed budget also reflects the anticipated
change to radio -read water meters with only one month of meter reading services
budgeted. Mr. Wimer added that $20,000 has been budgeted for the periodic
inspection and routine maintenance of the Avenue G water tower.
The Solid Waste Fund proposed budget includes a $.75 /month increase in
sanitation rates. This amount is anticipated to generate approximately $56,000
in additional revenues. The proposed budget includes a transfer to the
Equipment Replacement Fund in the amount of $200,000 due to the significant
increase in cost for both garbage and trash trucks.
Mr. Wimer added that contributions from the cities of Nederland, Port Neches,
and Groves for the MCML Central Dispatch are based upon $1.00 per capita; the
current year rate is $.91 per capita. This expenditure for Nederland reflects an
increase in the amount of $18,816 over the previous year.
Total debt service requirements for FY 05 -06 total $2,178,484.
With regard to personnel issues Mr. Wimer added that the budget includes a two
percent (2 %) cost of living increase for employees. 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 Rogers and seconded by Mayor Pro Tern
Neal to approve Resolution No. 2005 -10, submitting the City of Nederland
Annual Budget for the fiscal year beginning October 1, 2005 and ending
September 30, 2006, and calling for a Public Hearing to be held at 3:00 p.m.,
August 8, 2005 for the purpose of discussing the proposed budget as per Article
VII of the City Charter. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
135
236
Minutes continued, July 11, 2005
8. CAPITAL IMPROVEMENT PROGRAM
Andre' Wimer, City Manager, reviewed the proposed Five Year Capital '
Improvement Program for the years 2006 -2010 which identifies capital
expenditures /projects totaling $3,312,000. 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 includes Water Treatment and Storage, Water Distribution System,
Wastewater Treatment, Wastewater Collection System, Street Improvements,
and Facility Improvements.
9. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember Griffin to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
10. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, informed the Council that the Drainage District No.
7 project on Avenue H has been delayed. He added that approximately 1,500
meters have been changed and during a training session last week one route I
consisting of 305 meters was read within five minutes.
Chief Darrell Bush announced that effective today Tom Hicklin has been named
the Assistant Police Chief, and Nicky Matt the Administrative Assistant.
11. ADJOURN
There being no further business a motion was made by Mayor Pro Tern Neal and
seconded by Mayor Nugent to adjourn the meeting at 4:17 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
R. A. Nugent, Mayor
ATTEST:
LaDonna Floyd, City perk k
1
U
ill
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
✓
Tim Sheffield
Council Member -Ward I
✓
Billy Neal
Council Member -Ward 11
Debby Griffin
Council Member -Ward III
t/
Bert Rogers
Council Member -Ward IV
✓
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
✓
Lois Coco
Acting City Clerk
✓
Richard Hughes
City Attorney
%
Darrell Bush
Police Chief
Gary Collins
Cheryl Dowden
Assistant Fire Chief
Director of Finance
G�
1/
Steve Hamilton
Director of Public Works
✓
Rod Hatch
Building Official
of
Victoria Klehn
Librarian
-Kelly Galloway
Assistant to the City Manager
✓
°�`�
R. A. Nugent, Fjyo r
LaDonna Floyd, City Clerk
Date
138
CITY OF NEDERLAND
RESOLUTION NO. 2005-06
A RESOLUTION AUTHORIZING THE CITY OF
NEDERLAND TO MAKE APPLICATION TO THE U.S.
DEPARTMENT OF HOMELAND SECURITY OFFICE OF
STATE AND LOCAL GOVERNMENT COORDINATION
AND PREPAREDNESS, OFFICE OF DOMESTIC
PREPAREDNESS, FOR A FISCAL YEAR 2005 PORT
SECURITY GRANT IN THE AMOUNT OF $2,044,240. THE
GRANT APPLICATION HAS BEEN SUBMITTED ONLINE
WITH THE PROJECT NUMBER OF 2005- Vf099- TX -GB.
WHEREAS, the U. S. Department of Homeland Security Office of State and
Local Government Coordination and Preparedness ( SLGCP), Office of Domestic
Preparedness (ODP), Fiscal Year 2005 Port Security Grant Program is available to
improve the sustainable effort for protection of critical infrastructure from terrorism,
especially explosives and non - conventional threats that would cause major disruption to
commerce and significant loss of life; and
WHEREAS, the City of Nederland, in conjunction with the City of Port Neches
and the City of Groves, will submit to SLGCP and the ODP with the federal partner of
the United States Coast Guard, Marine Safety Office, Port Arthur an application for
grant funds in the amount of $2,044,240 for improved interoperability communications at
Central Dispatch; and
1
WHEREAS, the Port Security Grant, 2005 required submission online prior to I
June 10, 2005; and
WHEREAS, the Port Security Grant, 2005 pays for 100% of the project cost and
requires no local matching funds; and
WHEREAS, the application requires standard grant forms, possible
memorandums of understanding, general questions, a program narrative, a project plan
narrative, and budget details which have been submitted online as project number
2005- V1099- TX -GB; and
WHEREAS, the Mid County Municipal League met on Tuesday, June 28, 2005,
at 6:00 p.m. and discussed placing a resolution for authorization of submission of said
Port Security Grant, 2005 application by the City of Nederland on an upcoming City
Council agenda.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the Mayor of the City of Nederland is hereby authorized to make
application to the U.S. Department of Homeland Security Office of State and Local
Government Coordination and Preparedness, Office of Domestic Preparedness, for a
Fiscal Year 2005 Port Security Grant including all necessary documents of the grant for
the amount of $2,044.240.
PASSED AND APPROVED this the I I day of , 2005
1
R. A. Nu t, Mayor
City of Nederland, Texas
CITY OF NEDERLAND
RESOLUTION NO. 2005 -07
A RESOLUTION APPROVING A MASTER ADVANCE
FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION.
WHEREAS, the City of Nederland, Texas will enter into a Master Advance
Funding Agreement with the Texas Department of Transportation; and
WHEREAS, the Intermodel Surface Transportation and Efficiency Act of 1991
and the Transportation Equity Act for the 21s` Century authorize transportation programs
to protect and enhance communities; and
WHEREAS, the governing terms of the Master Advance Funding Agreement will
provide for contract administration of local projects; and
WHEREAS, the City Council of the City of Nederland, Texas deems it to be in
the best interest of the citizens of the City to authorize the Mayor to sign the attached
Master Advance Funding Agreement between the City of Nederland and the Texas
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
' That the Mayor is hereby authorized and directed to sign the attached Master
Advance Funding Agreement between the City of Nederland, Texas and the Texas
Department of Transportation.
PASSED AND APPROVED this the day of
2005.
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
P'
R. A. Nuge , Mayor
City of Ned rland, Texas
139
140
CITY OF NEDERLAND
RESOLUTION NO. 2005-08
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A FUNDING TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT FOR A
CONGESTION /AIR QUALITY PROJECT FOR TRAFFIC
SIGNAL PREEMPTION, FUNDING CATEGORY 5 WITH
100% FUNDING BY THE TEXAS DEPARTMENT OF
TRANSPORTATION.
WHEREAS, the South East Texas Regional Planning Commission (SETRPC)
Metropolitan Planning Organization authorized approximately $2.2 million to fund the
Funding Transportation Project Advance Funding Agreement for a Congestion /Air
Quality Project for "Traffic Signal Preemption ", using funding category 5, from the Texas
Department of Transportation (TxDOT); and
WHEREAS, the City will receive approximately $86,939.10 project funding, as
noted in Attachment C of the Agreement, with no match required from the City to up-
grade the traffic signals at the intersections identified in Attachment B of the Agreement;
and
WHEREAS, the traffic preemption equipment meets the safety congestion
mitigation /air quality requirements allowing fire apparatus to safely capture traffic
intersections during emergency response; and
1
WHEREAS, TxDOT requires that after installation of the traffic preemption .
devices that the City maintain the traffic preemption equipment; and
WHEREAS, the City agrees to maintain the traffic preemption equipment by a
qualified individual and to notify TxDOT of any repairs to the traffic preemption
equipment system located on TxDOT infrastructure; and
WHEREAS, the SETRPC recognizes this project as an exclusive fire service
based traffic preemption system; and
WHEREAS, the City Council deems that it is in the best interest of the City to
enter into the Local Transportation Project Advance Funding Agreement with the Texas
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City Manager is hereby authorized to enter into a Texas Department of
Transportation Funding Transportation Project Advance Funding Agreement for a
Congestion Mitigation /Air Quality Project for traffic signal preemption devices.
PASSED AND APPROVED this the // day of , 2005.
R. A. N , Mayor '
City of Nee d rland, Texas
t CITY OF NEDERLAND
RESOLUTION NO. 2005 -09
A RESOLUTION IN SUPPORT OF ADDITIONAL
FEDERAL FUNDING FOR MAINTENANCE DREDGING OF
THE SABINE- NECHES WATERWAY.
WHEREAS, the Sabine- Neches waterway is vital to the economy of Southeast
Texas and the entire nation; and
WHEREAS, the Port of Beaumont has for many years played a key role in our
nation's defense as a strategic military port; and
WHEREAS, the viability of the waterway, ports, and industry depend on a
properly maintained and navigable waterway; and
WHEREAS, the U.S. Army Corps of Engineers has informed the Jefferson
County Waterway and Navigation District that federal budget shortages will threaten the
Corps' ability to maintain the current level of maintenance dredging on the waterway.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City of Nederland strongly supports and encourages the U.S.
Congress to expeditiously appropriate a level of federal funding for maintenance
dredging of the Sabine - Neches waterway that will ensure the waterway remains viable
for industry, ports, and the military, and urges the Southeast Texas Congressional
delegation to support such funding.
PASSED AND APPROVED this the 1d day of 01,11, , 2005.
ATTEST:
r
LaDonna Floyd, City CIA
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
� I>
Richard D. Hughes, City Attorney
City of Nederland, Texas
1
R. A. Nuge , Mayor
City of Ned land, Texas
141
142
CITY OF NEDERLAND '
RESOLUTION 2005 -10
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,
2005 AND ENDING SEPTEMBER 30, 2006.
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, 2005 and ending September 30, 2006; 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 3:00 p.m., August 8, 2005, to approve this
budget in the proposed or amended form in accordance with Article VII of the City Charter.
PASSED AND APPROVED this the __U day of 2005.
R. A. Nugent ayor
City of Nederland, Texas
ATTEST:
41"q. " moo jai
LaDonna Floyd, Ciiy Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Attorney
City of Nederland, Texas
1
i43
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. July 25, 2005
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilmember Sheffield and seconded by
Councilmember Rogers to approve the minutes of the July 11, 2005 meeting as
written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None. Absent: Mayor Pro Tern Neal.
3. PRESENTATION
Mayor Nugent recognized Sonya Willis for her 13 years of service to the City and
its citizens and wished her well on her retirement. He presented her with a gift as
appreciation for an outstanding job. Mrs. Willis thanked the Council and the City
for giving her the opportunity to work for the City of Nederland.
4. COMMENTS
Carolyn Guidry, Jefferson County Clerk, and Theresa Goodness, Deputy Clerk,
addressed the Council regarding the proposed election system. Ms. Guidry
stated that due to federal regulations all polling places are required to have at
least one (1) Direct Recording Electronic Voting System (DRE). This system
allows for all persons to vote a ballot without the assistance of others. She
added that the County is in negotiations with ES &S to purchase the necessary
equipment in order to comply with federal regulations that require that all punch
card systems be replaced by January 1, 2006. Early voting will be done with the
DRE's and optical scan paper ballots will be used on conjunction with the DRE's
on election day. Mrs. Guidry stated that they will be conducting voter training
and awareness prior to the first election on the new system. Jefferson County is
hoping to have the system in place for the November election.
5. STREETS AND SIDEWALKS
Andre' Winner, City Manager, stated that the item to discuss the placement of
stop signs on South 291h Street was placed on the agenda as a result of
Councilmember Sheffield's recent inquiry regarding speeders in this area. He
144
Minutes continued, July 25, 2005
reported that Chief Bush conducted a survey on South 29th Street from July 15-
18. Assistant Police Chief Tom Hicklin reported that the survey did indicate a
problem with speeders just like so many other areas in town. He added that t
there are no intersections to place a 4 -way stop and it is normally not a good idea
to have 3 -way stop signs. Chief Hicklin suggested that additional patrol could
ease the situation.
Mr. Wimer indicated that the Council does have the authority to place stop signs
where they feel they are warranted. Councilmember Sheffield stated that he will
contact the citizen who had the complaint and explain the situation to them. He
feels like the additional patrol will suffice for now.
6. LICENSE TO ENCROACH
A motion was made by Mayor Nugent and seconded by Councilmember Griffin to
approve Resolution No. 2005 -11, authorizing a License to Encroach at 1524
Hamiton Court; and Resolution No. 2005 -12, authorizing a License to Encroach
at 1204 North 23`d Street; and authorize the City Manager to sign both
documents. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None. Absent: Mayor Pro Tern Neal.
7. INVESTMENT REPORT
Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report '
for the quarter ending June 30, 2005.
A motion was made by Councilmember Rogers and seconded by
Councilmember Sheffield to accept the Quarterly Investment Report as
presented. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None. Absent: Mayor Pro Tem Neal.
8. RESOLUTION
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to approve Resolution No. 2005 -13, suspending the proposed rate schedule
change by CenterPoint Energy, and to join and participate in a Steering
Committee. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Griffin and Rogers.
Noes: Councilmember Sheffield. (Abstained) Absent: Mayor Pro Tern Neal.
GRANT
A motion was made by Councilmember Sheffield and seconded by '
Councilmember Rogers to authorize the submission of a grant to the Hebert
Foundation for the Marion & Ed Hughes Public Library. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None. Absent: Mayor Pro Tern Neal.
Minutes continued, July 25, 2005
10. PAYMENTS
' A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to approve a payment to Schaumburg & Polk, Inc. in the
amount of $5,512.54, Beauxart Garden Road improvements. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None. Absent: Mayor Pro Tern Neal.
11. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember
Sheffield to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None. Absent: Mayor Pro Tern Neal.
12. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the Jefferson County Drainage District
No. 7 project on Avenue H began last week.
13. ADJOURN
' There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Sheffield to adjourn the meeting at 7:00 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None. Absent: Mayor Pro Tern Neal.
ATTEST:
LaDonna Floyd, City CI r
City of Nederland, Texas
1
R. AANWgent, yor
City of Nederla d, Texas
145
146
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
! /
Tim Sheffield
Council Member —Ward I
Billy Neal
Council Member— Ward II
✓
Debby Griffin
Council Member— Ward III
✓
Bert Rogers
Council Member —Ward IV
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
✓
Lois Coco
Acting City Clerk
IZ
Richard Hughes
City Attorney
Darrell Bush
Police Chief
.�
Gary Collins
Assistant Fire Chief
✓
Cheryl Dowden
Director of Finance
( x
Steve Hamilton
Director of Public Works
✓
Rod Hatch
Building Official
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
4
R. SAG. Nuu�gent, ayor
LaDonna Floyd, City Cleirk
Date
1
1
RESOLUTION 2005 -11
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, JEFFERSON COUNTY, TEXAS,
AUTHORIZING THE EXECUTION OF A LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY OF
NEDERLAND AND TAMARA L. DEROUEN, REGARDING
ENCROACHMENTS ON LOT 3, HAMILTON COURT
ADDITION TO THE CITY OF NEDERLAND.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City Manager is hereby authorized and directed to execute on behalf
of the City, a License to Encroach Agreement between the City of Nederland (Licensor)
and Tamara L. Derouen (Licensee), pertaining to encroachments on Lot 3, Hamilton
Court Addition, a copy of said Agreement being attached and made a part hereof.
PASSED AND APPROVED this the day of % V. —2005
R. A. N gen ayor
City of Ned land, Texas
IATTEST
'1
LaDonna Floyd, City Cle c
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City AtFomey
City of Nederland, Texas
1
147
RM
RESOLUTION 2005 -12
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, JEFFERSON COUNTY, TEXAS,
AUTHORIZING THE EXECUTION OF A LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY OF
NEDERLAND AND ANTHONY PAUL PLACETTE AND
WIFE, ALICIA A. PLACETTE, REGARDING
ENCROACHMENTS ON LOT 11, BLOCK 2, E'LANE
SUBDIVISION TO THE CITY OF NEDERLAND.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City Manager is hereby authorized and directed to execute on behalf
of the City, a License to Encroach Agreement between the City of Nederland (Licensor)
and Anthony Paul Placette and wife, Alicia A. Placette (Licensees), pertaining to
encroachments on Lot 11, Block 2, E'Lane Subdivision, a copy of said Agreement being
attached and made a part hereof.
PASSED AND APPROVED this the 25day of OL 2005.
1
R. A. Nuge , Mayor
City of NeddrIand, Texas ,
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, ity Attorney
City of Nederland, Texas
1
A ,
q
CITY OF NEDERLAND
RESOLUTION 2005 -13
A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS,
AUTHORIZING THE REVIEW INTO THE REASONABLENESS
AND PRUDENCE OF THE PROPOSED RATES OF
CENTERPOINT ENERGY'S BEAUMONT /EAST TEXAS
DIVISION ( "CENTERPOINT GAS "); SUSPENDING THE
EFFECTIVE DATE FOR THE PROPOSED RATES OF
CENTERPOINT GAS NINETY (90) DAYS; AUTHORIZING THE
PARTICIPATION WITH OTHER CITIES SERVED BY
CENTERPOINT GAS; AUTHORIZING PARTICIPATION IN
OTHER PROCEEDINGS RELATED TO CENTERPOINT'S RATE
REQUEST; DESIGNATING A REPRESENTATIVE TO SERVE
ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT
OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE
MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND
DECLARING AN EFFECTIVE DATE FOR THIS RESOLUTION.
WHEREAS, on or about June 30, 2005 CenterPoint Gas filed a Statement of Intent
with the City Clerk in order to change rates and increase revenues; and
WHEREAS, according to CenterPoint Gas the new rates would go into effect on
August 4, 2005; and
' WHEREAS, in order to properly review the requested rates it will be necessary for
the City to suspend the proposed effective date for ninety (90) days; and
WHEREAS, in order to properly review the proposed rates efficiently and
thoughtfully it is helpful to join with other East Texas and Southeast Texas cities to form a
coalition of cities to evaluate and make recommendations with regard to or related to the
Statement of Intent; and
WHEREAS, the coalition of cities shall operate through a Steering Committee
composed of members appointed by the City Councils of the participating cities; and
WHEREAS, pursuant to Section 103.022 of the Texas Utilities Code, reasonable
municipal rate case expenses are reimbursable by the gas utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS THAT:
Section 1. The statements set out in the preamble to this resolution are adopted
herein as if fully set forth herein.
Section 2. The proposed effective date by CenterPoint Gas is suspended for an
additional ninety (90) days.
Section 3. The City is authorized to coordinate with other cities in a coalition of
cities known as the CenterPoint East Texas Municipalities ( "CETM ") and to participate in a
Steering Committee to hear and direct legal counsel and consultants, to negotiate with
CenterPoint Gas, to make recommendations concerning the requested change in rates,
' and to direct any administrative or litigation associated with or related to CenterPoint Gas'
Statement of Intent.
Section 4. The City hereby designates the City Attorney or his designee as a
representative to the Steering Committee that shall direct the efforts of counsel and the
consultants.
150
Section 5. The City is authorized to intervene or participate in any proceeding '
related to the Statement of Intent filed by CenterPoint Gas on June 30, 2005.
Section 6. CenterPoint Gas shall promptly reimburse the City's rate case
expenses.
Section 7. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Chapter 551.
Section 8. This resolution shall be effective immediately upon passage.
PASSED AND APPROVED this the ;?S'day of T" 2005.
R. A. Nu dent, yor
City of Nederl d, Texas
ATTEST:
00
LaDonna Floyd, City Crerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, CiVAttorney
City of Nederland, Texas
1
1
151
REGULAR MEETING OF THE CITY COUNCIL OF THE
ICITY OF NEDERLAND
3:00 p.m. August 8, 2005
MEETING
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
Councilmember Sheffield stated that during the last meeting he did not vote "no ",
but abstained, on the item pertaining to suspending the rates of CenterPoint.
LaDonna Floyd, City Clerk, stated that the City Charter requires that an
abstention or refusal to vote be recorded as a "no" in the official minutes.
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to approve the minutes of the July 25, 2005 meeting as
written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. PROCLAMATION
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve a Proclamation declaring August 6 -14, 2005 as "Knights of
Columbus Family Week" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Mayor Nugent presented the Proclamation to Johnny Pousson and Louis Barras.
They thanked the City for their support of the KC's and added that they are proud
to host the City staff and their families with an annual dinner.
4. LIBRARY
A motion was made by Mayor Nugent and seconded by Councilmember
Sheffield to approve the Plan of Service for the Marion & Ed Hughes Public
Library. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
152
Minutes continued, August 8, 2005
5. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern '
Neal to approve an Avance Funding Agreement, Amendment #1, with the Texas
Department of Transportation for the Boston Avenue pavement restoration
project, with the understanding that the City is not required to remit additional
funds to TxDOT. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. CITY SERVICES
A motion was made by Mayor Pro Tem Neal and seconded by Mayor Nugent to
authorize the Nederland Police Department to escort Nederland High School
buses to out of town football games. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
PAYMENTS
A motion was made by Councilmember Sheffield and seconded by Mayor
Nugent to approve a payment to Brystar Contracting, Inc. in the amount of
$49,864.00, emergency sewer line repair, Verna Drive. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. '
Noes: None.
A motion was made by Councilmember Sheffield and seconded by Mayor
Nugent to approve payment of the bills for the month of July. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
8. PUBLIC HEARING
The regular meeting was recessed and a Public Hearing was called to order at
3:19 p.m. for the purpose of receiving comments regarding the proposed City of
Nederland Fiscal Year 2005 -2006 Annual Budget.
Andre' Wimer, City Manager, stated that in accordance with the City Charter a
Public Hearing must be conducted prior to August 15`h of each year on the
proposed annual budget. The Public Hearing gives interested persons the
opportunity to comment on the budget. The City Council retains the authority to
modify the proposed budget as deemed necessary. He added that the tax rate
was not available at the time the budget was presented and the current tax rate
was used to develop the proposed budget. However, since that time potential
tax rate calculations have been made available. The current tax rate of $.658903 '
would generate $4,021,554 and would cause a $149,780 deficit. That amount
was to be funded by reserves. Mr. Wimer presented five (5) different tax rates
and the revenues each would generate, however, the current rate would be
Minutes continued, August 8, 2005
above the rollback rate, If the effective rate of .614215 were adopted it would
' result in a $207,925 deficit. In order to collect the same amount of tax revenues
used in the proposed budget a tax rate of .623226 would be necessary. The '
elimination of a deficit would require adoption of a tax rate of .646438. Irf
accordance with new legislation any increase in revenues will require that. the
City conduct two (2) public hearings prior to adoption of a tax rate.
There being no questions and /or comments the Public Hearing was adjourned
and the regular meeting was reconvened at 3:44 p.m. by Mayor Nugent.
9. CAPITAL IMPROVEMENT PROGRAM
Andre' Wimer, City Manager, briefly reviewed the Five Year Capital Improvement
Plan.
10. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
' 11. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that approximately 2,400 meters have
been replaced and an additional crew was added last week. He also reported
that we will be awarding bids for administrative services associated with the
CDBG during the September 12`h meeting.
Victoria Klehn, Librarian, reported on the 2005 Summer Reading Program. This
project is a State sponsored program and all materials are provided free of
charge. Over 400 children participated in the children's program, and 106 adults
participated in the adult program.
Richard Hughes, City Attorney, stated that although the City Charter requires that
abstentions and refusal to vote are to be recorded in the minutes as a "no" he
feels the word "abstention" could be added in parenthesis after the vote just as a
clarification. Councilmember Rogers indicated that he would amend his original
motion to approve the minutes of the July 25, 2005 meeting.
12. APPROVAL OF MINUTES
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to amend the previous motion to approve the minutes of the July 25, 2005
meeting as written contingent upon noting that Councilmember Sheffield's actual
vote on the suspension of the rate request by CenterPoint was "Abstain" but in
accordance with the City Charter is recorded as a "No." MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
153
154
Minutes continued, August 8, 2005
13. RECESS
The meeting was recessed at 4:00 p.m. by Mayor Nugent and will be reconvened ,
at 6:00 p.m. at the Nederland Economic Development Corporation offices, 1903
Atlanta, for the purpose of conducting a joint work session.
14. WORK SESSION
The joint Work Session between the City of Nederland City Council and the
Nederland Economic Development Corporation began at 6:00 p.m. for the
purpose of discussing NEDC operations, policies, procedures, and economic
development issues.
Rick Williams, NEDC Executive Director, and Tracie Killian, Executive Assistant,
reviewed the operations of the NEDC. The entire process potential new and
expanded businesses must follow in order to receive any funding from them was
explained. New legislation that will have an impact on how projects are
approved was also discussed. The City Council will be responsible for future
approval of certain projects. Mr. Williams gave an update on current projects
throughout Nederland.
The Work Session concluded at 8:20 p.m.
15. RECONVENE I
The regular meeting was reconvened at the Nederland City Office Building, 1400
Boston Avenue, at 8:30 p.m. by Mayor Nugent.
16. ADJOURN
There being no further business, a motion was made by Mayor Nugent and
seconded by Councilmember Sheffield to adjourn the meeting at 8:30 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
R. A. N u ent, YJ ayor
City of Neder nd, Texas
ATTEST:
441-111a ' I
LaDonna Floyd, City Clerk'
City of Nederland, Texas
SJj
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
/
Tim Sheffield
Council Member— Ward I
Billy Neal
Council Member —Ward Il
Debby Griffin
Council Member— Ward III
Bert Rogers
Council Member —Ward IV
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
L'
Richard Hughes
City Attorney
'
Darrell Bush
Police Chief
Gary Collins
Assistant Fire Chief
-'
Cheryl Dowden
Director of Finance
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
[i
Victoria Klehn
Librarian
lam'
Kelly Galloway
Assistant to the City Manager
v`
R. A.
A. Nugent, M or�
' LaDonna Floyd, City Cler v
C
Date
156
SPECIAL MEETING OF THE CITY COUNCIL OF THE I
CITY OF NEDERLAND
5:00 p.m. August 15, 2005
MEETING
The meeting was called to order at 5:00 p.m. by Councilmember Rogers at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. RECESS
The meeting was recessed at 5:00 p.m. by Councilmember Rogers for the
purpose of attending the Nederland Economic Development Corporation meeting
at 5:30 p.m. at the NEDC offices, 1903 Atlanta, Nederland, Texas.
3. NEDERLAND ECONOMIC DEVELOPMENT CORPORATION
The Board of Directors of the NEDC asked Councilmembers Sheffield, Griffin,
and Rogers, City Manager Andre' Wimer, and, City Clerk LaDonna Floyd to
attend their Executive Session in accordance with Texas Government Code, '
Chapter 551.087, Economic Development Negotiations. Discussions were held
regarding the status of NEDC projects and economic development issues.
4. RECONVENE
The special meeting was reconvened at 6:42 p.m. by Councilmember Rogers at
the Nederland City Office Building, 1400 Boston Avenue.
5. ADJOURN
A motion was made by Councilmember Griffin and seconded by Councilmember
Rogers to adjourn the meeting at 6:42 p.m. MOTION CARRIED.
Ayes: Councilmember Sheffield, Griffin, and Rogers. Noes: None.
Absent: Mayor Nugent and Mayor Pro Tern Neal.
Bert Rogers, Councilmember
City of Nederland, Texas
ATTEST: ,
LaDonna Floyd, City Clerk
f]
157
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Tim Sheffield
Council Member —Ward I
✓
Billy Neal
Council Member — Ward it
Debby Griffin
Council Member —Ward III
L,.i
Bert Rogers
Council Member —Ward IV
✓
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
GZ
Darrell Bush
Police Chief
Gary Collins
Assistant 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
Bert Rogers, Counnccil'member
LaDonna Floyd, City Clerk
Date
158
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. August 22, 2005
MEETING
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
MINUTES
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve the minutes of the regular meeting of August 8, 2005, and
the special meeting of August 15, 2005 as written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. BIDS /PROPOSALS
1
A motion was made by Councilmember Rogers and seconded by Mayor Nugent '
to authorize the advertisement of bids for effluent troughs at the Wastewater
Treatment Plant to be received September 22, 2005. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
4. BUDGET
A motion was made by Councilmember Sheffield and seconded by
Councilmember Rogers to approve Ordinance No. 2005 -10, an appropriation
ordinance adopting a budget in accordance with Article VII in the Charter of the
City of Nederland. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
TAX RATE
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to establish the proposed tax rate for FY 05 -06 at
$.646438/$100 valuation; the proposed tax rate may be modified prior to final
adoption by the City Council. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None. I
Minutes continued, August 22, 2005
A motion was made by Mayor Nugent and seconded by Councilmember
Sheffield to authorize the adoption of the FY 05 -06 tax rate at the regular meeting
of September 26, 2005, at 6:00 p.m. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to set the two required Public Hearings to discuss the proposed tax
rate for September 1, 2005 at 5:00 p.m., and September 12, 2005 at 3:00 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. ORDINANCES
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
approve Ordinance No. 2005 -11, utility regulations and rates. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern
Neal to approve Ordinance No. 2005 -12, requiring actions by CenterPoint Energy
Entex regarding its proposed change in rates. MOTION CARRIED,
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
7. CAPITAL IMPROVEMENT PROGRAM
A motion was made by Mayor Nugent and seconded by Councilmember Rogers
to approve the Five Year Capital Improvement Program. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
PAYMENTS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to approve a payment to Schaumburg & Polk, Inc. in the amount of
$829.00, Beauxart Garden Road improvements. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
EXECUTIVIE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember
Sheffield to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
159
160 Minutes continued, August 22, 2005
10. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported there have been some problems of settling '
associated with the recent sewer line replacement project along South 5`h Street.
It appears to be caused by a previously abandoned sewer line that may have not
been filled correctly when it was taken out of service.
11. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Griffin to adjourn the meeting at 6:55 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Alkko'�--
A.A. Nuge Mayor
City of Ned land, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
1
r
161
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Tim Sheffield
Council Member— Ward I
✓
Billy Neal
Council Member —Ward 11
✓
Debby Griffin
Council Member —Ward III
Bert Rogers
Council Member —Ward IV
✓
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
✓
Richard Hughes
City Attorney
✓
Darrell Bush
Police Chief
✓
Gary Collins
Assistant 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
fifi Lt. , �
R
A. N
u
gent, M or
LaDonna Floyd, City Cler
Date
162
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND I
5:00 p.m. September 1, 2005
MEETING
The special meeting was called to order at 5:00 p.m. by Mayor R. A. Nugent at
the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. PUBLIC HEARING
The special meeting was recessed and a Public Hearing was called to order at
5:00 p.m. by Mayor Nugent for the purpose of discussing and receiving
comments regarding the proposed tax rate of $.646438/$100 assessed valuation
for FY 2005 -2006.
Andre' Wimer, City Manager, explained that new State statutes require that two
Public Hearings be conducted prior to the tax rate being adopted. He stated that
at the last meeting the Council discussed setting the proposed tax rate at
$.646438, which would eliminate any deficit and the need to transfer funds from
reserves. '
Mayor Pro Tern Neal stated that he feels we should adopt the next higher rate of
$.652456, which would still be below the rollback rate and would increase
revenues by $38,838. Councilmember Sheffield agreed stating that with the
recent increases in fuel costs the City will probably need the funds to offset any
potential fuel costs. Councilmember Griffin also agreed that the slight increase
would be better for the City and would possibly eliminate the need to increase the
tax rate next year. Councilmember Rogers added that he feels the initial
proposed tax rate of $.646438 would be sufficient.
Mr. Wimer stated that we generally do not spend the entire budget annually and
believes the $.646438 is justifiable. He added that not only would the City be
facing higher fuel costs, our citizens will as well.
Mr. Wimer explained that SB 18 is not very plain regarding the two Public
Hearing requirements relative to publication. The notice announcing the two
Public Hearings has been published with the first proposed tax rate that was
discussed at the last meeting. If the Council were to decide to increase the tax
rate it will probably have to be done at the regular meeting of September 261n
Mayor Nugent announced that the final vote on the tax rate would be at 6:00 p.m.
on September 26, 2005, at the Nederland City Office Building.
There being no further questions and /or comments the Public Hearing was I
adjourned and the Special meeting was reconvened at 6:00 p.m.
Minutes continued, September 1, 2005
3. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Griffin to adjourn the meeting at 6:02 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
ATTEST:
2
LaDonna Floyd, City rk
City of Nederland, Texas
0
R. A. Nugen Mayor
City of Nede and, Texas
i 3
164
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Tim Sheffield
Council Member— Ward I
�.
Billy Neal
Council Member — Ward II
Debby Griffin
Council Member —Ward III
Bert Rogers
Council Member —Ward IV
✓
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
t%
Darrell Bush
Police Chief
✓
Gary Collins
Assistant Fire Chief
Cheryl Dowden
Director of Finance
Steve Hamilton
Director of Public Works
v'
Rod Hatch
Building Official
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
I �✓
R. A. Nugent, M or
LaDonna Floyd, City Clerk
3-/-05- r1�
Date �—
1
1
SPECIAL MEETING OF THE CITY COUNCIL OF THE
LCITY OF NEDERLAND
8:00 a.m.
1. MEETING
September 6, 2005
The special meeting was called to order at 8:00 a.m. by Mayor R. A. Nugent at
the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. PERSONNEL
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
appoint Assistant Fire Chief /Fire Marshall Gary Collins as Acting Fire Chief /Fire
Marshall. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None.
Absent: Councilmember Sheffield.
3. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Mayor Pro Tern Neal to adjourn the meeting at 8:02 a.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None.
Absent: Councilmember Sheffield.
ATTEST:
LaDonna Floyd, City CI rk
City of Nederland, Texas
J
R. A. Nugent, ayor
City of Nederl nd, Texas
16,
166 CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
(�
Tim Sheffield
Council Member —Ward I
LZ
Billy Neal
Council Member —Ward II
Debby Griffin
Council Member —Ward III
Bert Rogers
Council Member —Ward IV
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
t✓
Lois Coco
Acting City Clerk
✓
Richard Hughes
City Attorney
Darrell Bush
Police Chief
i✓
Gary Collins
Assistant 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
✓
i ---
R. A. Nugent, Ma
�i�c7wti�, y�
LaDonna Floyd, City Cler
Date
1
U
G
167
REGULAR MEETING OF THE CITY COUNCIL OF THE
ICITY OF NEDERLAND
3:00 p.m.
MEETING
September 12,2005
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern
Neal to approve the minutes of the regular meeting of August 22, 2005, and the
special meetings of September 1, 2005 and September 6, 2005 as written.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
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 Nugent for the purpose of discussing and receiving
comments regarding the proposed tax rate of $.646438/$100 assessed valuation
for FY 05 -06.
Andre' Wimer, City Manager, stated that this is the second of two required Public
Hearings required by SB 18 regarding adoption of tax rates. The various tax
rates discussed during the first Public Hearing were reviewed again. Due to
increases in fuel costs the Council is of the consensus that $.652456/$100
valuation will allow for City services to continue at the current level. The vote on
the tax rate is scheduled for the September 26, 2005 City Council meeting which
begins at 6:00 p.m. in the Council Chambers at Nederland City Hall.
There being no further questions and /or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 3:10 p.m. by Mayor
Nugent.
4. COMMENTS
Vera LeBlanc, 1517 Franklin, addressed the Council relative to the City's animal
control ordinance. Mrs. LeBlanc feels that the ordinance is not being enforced.
' She stated that she has witnessed two loose dogs killing a neighbor's cat and
people in her neighborhood are fearful for themselves as well as their pets. Mrs.
LeBlanc suggested a notice be placed on the water bills informing residents of
the leash law and the penalties associated with allowing animals to run loose.
She thanked the Council for their time and consideration in this matter.
I NO Kit
Minutes continued, September 12, 2005
Police Chief Bush stated that the ordinance does allow for charges to be filed on
individuals who allow their dogs to run loose. He added that residents could also
file charges on individuals for having loose dogs. I
Andre' Wimer, City Manager, stated that the City will place a notice on the water
bills sometime in the near future.
5. STREET CLOSURES
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to authorize the closure of 14th Street from Boston Avenue to Chicago
Avenue on October 11, 2005, from 5:00 p.m. — 9:00 p.m. for Fire Prevention
Week activities. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Griffin and seconded by Councilmember
Rogers to authorize the closure of 13th Street from Atlanta Avenue to Nederland
Avenue on October 1, 2005 from 7:00 a.m. - 5:00 p.m. for First United Methodist
Church Harvest Festival activities. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. TEXAS COMMUNITY DEVELOPMENT PROGRAM '
A motion was made by Councilmember Sheffield and seconded by
Councilmember Rogers to approve the selection of David J. Waxman, Inc. to
provide the Administrative /Grant Management Services of the TCDP Water &
Sewer Improvements Project awarded in the 2005 -2006 funding cycle,
contingent upon final approval of the contract by the City Attorney. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
BIDS /PROPOSALS
A motion was made by Mayor Nugent and seconded by Councilmember
Sheffield to authorize the advertisement of bids for the repair /replacement of
sewer lines, 2004 Smoke Test -Years 2 & 3 project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
POLICIES AND PROCEDURES
A motion was made by Councilmember Rogers and seconded by ,
Councilmember Griffin to approve the Policies and Procedures Manual for the
Marion & Ed Hughes Public Library. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
1169
Minutes continued, September 12, 2005
9. RESOLUTION
A motion was made by Councilmember Sheffield and seconded by
Councilmember Griffin to approve Resolution No. 2005 -14, nominating Charles
Lankford as a candidate for the Board of Directors of the Jefferson County
Appraisal District. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
10. NEDERLAND ECONOMIC DEVELOMENT CORPORATION
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal to
reappoint R. A. Nugent, Larry Ducharme, and Mike Guidry to the Nederland
Economic Development Corporation Board of Directors; and, to appoint Bert
Rogers to the NEDC Board of Directors, all being two -year terms. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
11. PAYMENTS
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal to
approve a payment to Brystar Contracting, Inc. in the amount of $4,440.75,
South 5`h Street trunk line replacement. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tem Neal to approve payments to ALLCO, Inc. as follows: $2,831.19, west
annexation water and sewer improvements, Phase 2; and, $42,000.60, west
annexation water and sewer improvements, Phase 2, final. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to approve payment of the bills for the month of August. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
12. ORDINANCES
A motion was made by Councilmember Rogers and seconded by Mayor Nugent
to approve Ordinance No. 2005 -13, establishing the Marion & Ed Hughes Public
Library. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
170
Minutes continued, September 12, 2005
A motion was made by Councilmember Griffin and seconded by Mayor Nugent to
approve Ordinance No. 2005 -14, making it illegal to intentionally or knowingly fail
to return library materials to the Marion & Ed Hughes Public Library. MOTION I
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
approve Ordinance No. 2005 -15, establishing a fee schedule for the Marion & Ed
Hughes Public Library. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
13. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember Griffin to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
14. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that he and Chief Bush had an opportunity
to tour the facilities at Ford Park that are being used to house evacuees from '
Louisiana who were affected by Hurricane Katrina. Mayor Nugent added that as
mayor of a Jefferson County city he was asked to serve as Incident Commander
of the facility during the absence of Jefferson County Judge Carl Griffin. He
added that the temporary residents of Ford Park were very grateful for the
services provided by the area. Mayor Nugent stated that they are hopeful that
most of the evacuees will be able to find housing by the end of the week.
15. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Griffin to adjourn the meeting at 4:05 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
R. A. Nugent, yor
City of NederlaInd, Texas
ATTEST:
,- -�1J, ,
LaDonna Floyd,-City C rk '
City of Nederland, Texas
1
1
171
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Tim Sheffield
Council Member — Ward I
✓
Billy Neal
Council Member —Ward II
V
Debby Griffin
Council Member —Ward III
Bert Rogers
Council Member —Ward IV
v�
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
Gary Collins
Assistant Fire Chief
Cheryl Dowden
Director of Finance
(/
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
1%
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
r
. 26 "=
R. A. Nugent, Ma 'Tor
' LaDonna Floyd, City Clerk
"a
Date
172
CITY OF NEDERLAND
ORDINANCE NO. 2005-13
AN ORDINANCE ESTABLISHING THE MARION & ED
HUGHES PUBLIC LIBRARY AND REPEALING
ORDINANCE NO. 291.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
Section 1. There is hereby established in the City of Nederland, Texas a public library to
be know as the "Marion & Ed Hughes Public Library".
Section 2. The City of Nederland hereby accepts all gifts and donations of books and
equipment heretofore made for the Marion & Ed Hughes Public Library with grateful thanks to
the donors of both of books and time, and it is ordained that such books and equipment, together
with such additions as may be made from time to time, shall constitute and form the books and
equipment of the Marion & Ed Hughes Public Library.
Section 3. The City Council of the City of Nederland shall administer and supervise the
operation of the Marion & Ed Hughes Public Library and any branches thereof as may be
hereafter established by the City Council, under the supervision and control of the City Manager.
Such City Council shall recommend such rules and regulations as it shall deem necessary for the
orderly use of the library facilities and the operation of the same.
Section 4. This ordinance is intended to change the name of the City of Nederland
library, which was previously named the "Nederland Public Library" and later the "D. Bob
Henson Memorial Library," to the "Marion & Ed Hughes Public Library." All library
equipment, books, materials, inventory, accounts, grants, memberships and facilities previously
'
held or operated under the names "Nederland Public Library" or "D. Bob Henson Memorial
Library" shall henceforth be held and operated under the name "Marion & Ed Hughes Public
Library."
Section 5. Ordinance No. 291 and all ordinances in conflict with the provisions of this
ordinance are repealed when this ordinance takes effect.
PASSED, APPROVED, AND ADOPTED, this 19 day of . .nn /at A
2005. /J
R. A. Nugent, ayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Cl rk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Att6mey
'
City of Nederland, Texas
i ?3
CITY OF NEDERLAND
ORDINANCE NO. 2005-14
AN ORDINANCE MAKING IT ILLEGAL TO
INTENTIONALLY OR KNOWINGLY FAIL TO .RETURN
LIBRARY MATERIALS TO THE MARION & ED HUGHES
PUBLIC LIBRARY NEDERLAND, TEXAS, PROVIDING A
PENALTY THEREFOR, AND REPEALING ORDINANCE
NO. 394.
WHEREAS, the City Council of the City of Nederland, Texas deems it in the best
interest of the citizens of the City of Nederland to make it illegal to intentionally or knowingly
fail to return library materials to the Marion & Ed Hughes Public Library, Nederland, Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
Section 1. A person commits an offense if he intentionally or knowingly fails to return
library materials including, but not limited to, books, videotapes, audio - visual equipment,
cassette kits, books on CD, art or periodicals, to the Marion & Ed Hughes Public Library.
Nederland, Texas which were loaned to the actor or borrowed in the actor's name from the
library.
Section 2. The actor's intent and knowledge shall be presumed if:
a. Pursuant to agreement, the library materials were to be returned on a date specified;
b. Actual notice is given or notice, in writing, is sent by depositing in the United States
mail said notice addressed to the actor at his or her address shown on the records of
the library, stating that the library materials were not returned on the date specified;
and,
c. The library material is not returned to the owner within twenty (20) days of receipt of
such notice.
Section 3. If notice is given in accordance with Subsection 2.b. of this Ordinance, it is
presumed that the notice was received no later than five (5) days after it was sent.
Section 4. In prosecution under this Ordinance, it is no defense that the actor, though the
actual borrower, no longer possesses the library materials.
Section 5. In prosecution under this Ordinance, it is an affirmative defense that another
borrowed the library material in the name of the actor, without his or her effective consent.
Section 6. An offense under this Ordinance is a Class C misdemeanor and any person
who shall violate any provision of the Ordinance shall, upon conviction, be punished by a fine
not to exceed Five Hundred ($500.00) Dollars. Each day of the continuance of such violation
shall be considered a separate offense and each and every day shall constitute a separate
violation.
Section 7. This ordinance repeals Ordinance No. 394, but shall not act to repeal any of
the remaining Sections or Chapters of the Code of Ordinances, and this Ordinance shall take
effect from and after its passage and publication as required by law.
PASSED, APPROVED, AND ADOPTED, this day of
' 2005.
R�ugen� yo�
City of Nederland, Texas
174
CITY OF NEDERLAND
RESOLUTION 2005 -14
THE STATE OF TEXAS
COUNTY OF JEFFERSON
WHEREAS, the City Council of the City of Nederland, Texas at its regularly scheduled
meeting of September 12, 2005, in accordance with the Property Tax Code of the State of
Texas, hereby nominates Charles Lankford as a candidate for the Board of Directors of the
Appraisal District established for Jefferson County for a two -year term to expire December 31,
2007.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City Manager is hereby directed to present this nomination to the Chief
Appraiser of the Jefferson County Appraisal District on or before October 15, 2005, in
accordance with said Statute.
PASSED, APPROVED AND ADOPTED this 42 day of Aaij 2005.
Debffin (Z—
Council Member, Ward III
ATTEST:
Clij," ,c Gal
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
��
ichard D. Hughes, CM Attorney
City of Nederland, Texas
alit & "LiIawi
R. A. Nugent, Wjor
Billy 4
Council Member, Ward II
Bert Rogers
Council Member, Ward
1
1
1
175
CITY OF NEDERLAND
' ORDINANCE NO. 2005-15
AN ORDINANCE ESTABLISHING A FEE
SCHEDULE INCLUDING OVERDUE FEES, FINES,
LOST AND DAMAGE FEES, PROCESSING FEES,
AND MISCELLANEOUS FEES FOR THE MARION
& ED HUGHES PUBLIC LIBRARY AS SHOWN IN
EXHIBIT "A" ATTACHED, AND REPEALING
ORDINANCE NO. 2001-04.
WHEREAS, the City Council of the City of Nederland has been presented a
schedule of fees for the Marion & Ed Hughes Public Library for its acceptance and
adoption, including a fee schedule for overdue fines, lost and damage fees, processing
fees, and miscellaneous fees;
WHEREAS, the City Council of the City of Nederland deems it advisable and to
be in the best interest of the citizens of Nederland to adopt the fee schedule for the
Marion & Ed Hughes Public Library as shown in Exhibit "A" attached.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS:
SECTION 1. Adoption of Fees.
The schedule of fees for the Marion & Ed Hughes Public Library as shown in
Exhibit "A" attached, which is incorporated herein by reference, is hereby approved and
' adopted.
SECTION 2. Repeal of Previous Ordinances and Regulations.
Ordinance No. 2001 -04 and all other ordinances and /or regulations governing the
City of Nederland library fees in conflict with this ordinance are hereby repealed when
this ordinance takes effect; provided, the repeal of any prior ordinance shall not affect
any fines or fees owed at the time of the repeal.
SECTION 3. Effective Date.
This amendment shall take effect and be in force from and after its passage.
PASSED AND APPROVED this the /J day of , 2005.
Richard A. N ent, Mayor
City of Nede and, Texas
ATTEST:
Yi
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
ichazd D. Hughes, Ci[ Attorney
City of Nederland, Texas
176
FEE SCHEDULE (approved September 12, 2005) '
The Library Director has the authority to waive or negotiate payment of fines or fees, for materials and meeting
rooms, based on extenuating circumstances. The non - resident fee can only be waived by action of the City Council.
ITEM
OVERDUE FINES
LOST OR DAMAGED FEE *
PROCESSING FEE
Books. adult
$0.10 /dav
$25.00
$5.00
Books, juvenile
$0.10 /day
$15.00
$5.00
Paperbacks
$0.10 /day
$5.00
$1.00
Books on tape, adult
$0.10 /day
$35.00
$5.00
Books on tape, juvenile
$0.10 /day
$15.00
$5.00
Book on CD
$0.10 /day
$35.00
$5.00
Videotapes
$1.00 /day
$35.00
$5.00
DVD
$1.00 /day
$35.00
$5.00
Cassette kits
$0.10 /day
$10.00
$3.00
Periodicals
$0.10 /day
$3.00
$1.00
Art prints
$1.00 /day
repair or replacement cost
$5.00
CD -ROM
$2.00 /day
repair or replacement cost
$5.00
Audiovisual equipment
$2.00/hour
repair or replacement cost
$10.00
Kits
$2.00 /day
repair or replacement cost
$5.00
Interlibrary Loans
up to $1.00 per day +
any charge by
lending library
determined by lending library
determined by lending
library
MISCELLANEOUS ITEMS
Cassette kit bag/video case
$0.50
Audio book /DVD cases
replacement costs
Barcode
$0.50
Jewel case
$2.00
Keys (public rooms, i.e.
typing room, study rooms)
$5.00 /day
replacement and rekeying charges
$5.00
CD -ROM album
$10.00
* If the cost of the item is known, this amount will be assessed.
71
F�
1
MISCELLANEOUS FEES
ITEM
FEE
Lost borrowers cards
$3.00
Lost Internet registration card
$0.50
Photocopies, black and white (per page; 11x17 and two -sided pages are considered 2 -4 pages depending
on size of paper)
$0.15
Photocopies, color (per page; 11x17 and two -sided pages are considered 2 -4 pages depending on size of
paper)
$1.00
Microfilm copies (per page)
$0.25
Computer printouts (per page)
$0.15
Blank paper (per sheet)
$0.10
Diskettes, 3.5"
$0.50
Non - resident fee (does not apply to city employees, NISD students, or NISD teachers)
$25.00
Video, DVD or CD -ROM returned in book drop
$2.00
Meeting Room Deposit (refundable if meeting room is left in good condition)
$25.00
Meeting Room Fee, for use after library hours, non - refundable (per hour or part of hour)
$10.00
177
178 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. September 26, 2005 '
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Rogers and seconded by Mayor Pro Tern
Neal to approve the minutes of the September 12, 2005 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. PROCLAMATION
A motion was made by Mayor Nugent and seconded by Councilmember
Sheffield to approve a Proclamation declaring October 8, 2005 as "Texas Artists
Museum Day" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. I
Noes: None.
4. ORDINANCE
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal
that property taxes be increased by the adoption of a tax rate of 65.2456 cents by
approving Ordinance No. 2005 -16. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
5. STREETS AND SIDEWALKS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Griffin to postpone the closure of the 1100 block of Boston Avenue on October
31, 2005, from 5:30 -8:00 p.m., for Boston Avenue Merchants' Association
Halloween activities. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
1
Minutes continued, September 26, 2005
A motion was made by Councilmember Rogers and seconded by
Councilmember Sheffield to postpone the closure of Franklin Avenue, between
12`h Street and 13`h Street, on October 27, 2005 from 3:00 -9:00 p.m. for Langham
Elementary School's Annual Fall Carnival. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. BIDS /PROPOSALS
A motion was made by Councilmember Sheffield and seconded by
Councilmember Rogers to postpone receipt and award of bids for effluent
troughs for the Wastewater Treatment Plant. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
7. RESOLUTIONS
Andre' Wimer, City Manager, explained that due to the recent passage of H.B.
2928 cities will now be required to approve incentives offered by their economic
development corporations. The resolution approving the incentives will require
two (2) readings and, as such, will again be included on the October 10`h agenda.
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
' postpone the first reading of Resolution No. 2005 -15, ratifying the action of the
Nederland Economic Development Corporation related to the incentive offered to
Golden Triangle Specialty Medical Center dba Promise Specialty Hospital of
Southeast Texas in the amount of $300,000. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Council member Rogers and seconded by Council
member Sheffield to postpone the first reading of Resolution No. 2005 -16,
ratifying the action of the Nederland Economic Development Corporation related
to the incentive offered to A & J Ladies, L.L.C. dba Bath Junkie -Mid County in the
amount of $20,000. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
8. BUDGET
A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern
Neal to approve amendments to the FY 2004 -2005 budget (see attached).
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
' A motion was made by Mayor Nugent and seconded by Councilmember Rogers
to approve Ordinance No. 2005 -17, amending the FY 2004 -2005 budget.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
,179
ISO Minutes continued, September 26, 2005
A motion was made by Councilmember Sheffield and seconded by Mayor Pro I
Tern Neal to approve Ordinance No. 2005 -18, declaring certain utility accounts
as uncollectible. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
9. PAYMENTS
A motion was made by Councilmember Sheffield and seconded by
Councilmember Griffin to approve payments to Schaumburg & Polk, Inc. as
follows: $560.40, west annexation water and sewer improvements; and,
$1,800.00, FY 2005 wastewater system rehabilitation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve a payment to Brystar Contracting, Inc. in the amount of
$55,117.20, FY 2005 wastewater system rehabilitation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Nugent and seconded by Councilmember Griffin to
approve a payment to Soutex Surveyors, Inc. in the amount of $5,500.00, 2005 -II
sewer line rehabilitation. MOTION CARRIED. '
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
10. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember Rogers
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
11. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the cities of Nederland, Port Neches,
Groves, and Port Arthur, Jefferson County, and Drainage District No. 7 met to
discuss the impending implementation of Phase II storm water regulations. It
appears that the Texas Commission on Environmental Quality will adopt final
rules in March or April 2006. Once the regulations are in place, the City will have
180 days to submit a stormwater permit application to the TCEQ. These
regulations are anticipated to cost $50,000 - $70,000 annually.
�I
Minutes continued, September 26, 2005
' 12. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Sheffield to adjourn the meeting at 7:40 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
1
1
R. A. Nugen , ayor
City of Nede and, Texas
1.31
182
CITY OF NEDERLAND ,
ORDINANCE NO. 2005-16
AN ORDINANCE APPROVING THE TAX ASSESSMENT
ROLLS FOR THE YEAR 2005, LEVYING AND ASSESSING
TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND
AND THE MUNICIPAL GOVERNMENT THEREOF;
APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES;
AND PROVIDING FOR THE INTEREST AND SINKING
FUND.
WHEREAS, pursuant to the provisions of the Tax Code of the State of Texas, the tax assessment
rolls to be used for the collection of taxes for the captioned year, wherein the value of all property
situated within the City of Nederland, subject to ad valorem taxes for the tax year 2005, was fixed by
Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of
$735,143,080; and,
WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE;
AND,
WHEREAS, THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE
AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $3.33.
NOW, THREFORE, 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 $735,143,080, shall become the tax assessment rolls of the City of
Nederland for the year 2005, less all exemptions provided by either State Jaw or City ordinance in
the amount of $69,905,480.
SECTION 2: - That there is hereby levied for the current year, 2005, 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, 2006 upon all property, real, personal, and
mixed, within the corporate limits of said City subject to taxation, a tax of 65.2456 cents 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), 40.0995
cents on each one hundred dollars ($100) valuation of property; and
(b) For the Interest & Sinking Fund, 25.1461 cents on each one hundred dollars ($100)
valuation of property as follows:
For the purpose of paying interest and principal of Four hundred nineteen thousand,
three hundred fifty dollars ($419,350.00) on the Certificates of Obligation, Series 1996,
6.47360 cents on each one hundred dollars ($100) valuation of property.
For the purpose of paying interest and principal of Two hundred eight thousand, one
hundred ninety -two dollars and fifty cents ($208,192.50) on the Certificates of
Obligation, Series 1998, 3.213914 cents on each one hundred dollars ($100) valuation ,
of property.
For the purpose of paying interest and principal of One hundred twenty -nine thousand,
two hundred seventy dollars ($129,270.00) on the Certificates of Obligation, Series
' For the purpose of paying interest and principal of One hundred thirty -five thousand,
five hundred dollars ($135,500.00) on the Certificates of Obligation, Series 2000,
2.09I744 cents on each one hundred dollars ($100) valuation of property.
For the purpose of paying interest and principal of Seven hundred thirty -six thousand,
six hundred thirteen dollars and seventy -six cents ($736,613.76) on the Certificates of
Obligation, Series 2002, 11.371272 cents on each one hundred dollars ($100) valuation
of property.
SECTION 3: - The Jefferson County Tax Assessor- Collector (who, pursuant to contract, is the Tax
Assessor- Collector for the City of Nederland) is hereby directed to prepare Tax Statements and
proceed with the collections of the 2005 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 26th DAY OF SEPTEMBER, A.D.,
2005.
' R.A. Nuge ayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
/'�� C
Richard D. Hughes, City ttorney
City of Nederland, Texas
1
183
184
CITY OF NEDERLAND '
ORDINANCE NO. 2005-17
AN ORDINANCE AMENDING THE 2004 -05 BUDGET IN
ACCORDANCE WITH THE BUDGET AND THE CHARTER
OF THE CITY OF NEDERLAND.
WHEREAS, the City Council previously approved Ordinance No. 2004 -08 which adopted
the 2004 -05 City Budget; and,
WHEREAS, the City Council of the City of Nederland deems it necessary to amend the
current budget to increase revenues and expenditures as set out in Attachment "A" and Attachment
"B" attached hereto; and,
WHEREAS, the 2004 -05 City of Nederland budget states, "That any unencumbered funds
remaining on hand at the end of the fiscal year ending September 30, 2004, shall be construed with
and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2004 and ending September 30, 2005, 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 2004 -05 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 2004 -08 adopting the budget for 2004-
05; and, '
WHEREAS, the City Council finds that the budget for 2004 -05 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 2004 -05 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.
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 26`" DAY OF SEPTEMBER, A.D.,
2005.
R. A. Nugen ayor '
City of Nederland, Texas
'
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, Cit Attomey
City of Nederland, Texas
1
11
185
i•
BUDGET ORDINANCE AMENDMENT — ATTACHMENT A I
GENERALFUND
Amend General Fund by appropriating unencumbered funds remaining at September 30, 2004 in the
amount of $194,272 and increase line items as detailed below:
Increase 01 -13 -00 -6393 Contractual Services $ 23,134
Additional funds required for legal and investigative services concerning fire department and
command vehicle account.
Increase 01 -21 -00 -6111 Overtime $88,000
Additional funds required for unanticipated personnel absences due to long -term illnesses,
retirement, and resignation.
Increase 01 -21 -00 -6350 Building/Structure Improvements $2,538
Appropriate Court Security Building Fees received in prior fiscal year to install security devices in
and around Court Clerk area.
Increase 01 -22 -00 -6355 Vehicle & Equipment Repairs & Maintenance $13,000
Additional funds needed to repair Engine 4.
Increase 01 -24 -00 -6393 Contractual Services $10,000
Additional funds required to complete demolition of dangerous structures.
Increase 01 -90 -00 -6315 Computer System $8,000
Additional funds needed for contract computer services required to repair and rebuild computer
system due to virus attacks and maintenance of failing equipment. Additional equipment and labor
'
was required to relocate Inspections Department to Public Works Administration building.
Increase 01 -90 -00 -6365 Street Lights $22,000
Additional funds required due to additional street lights added including ornamental lighting on
Boston Avenue.
Increase 01 -90 -00 -6371 Senior Citizen Center $ 3,000
Additional funds required for asbestos abatement, flooring repair and higher than anticipated utility
costs.
Increase 01 -90 -00 -6406 Contingency $33,600
Unanticipated funds required for repair of outside lighting at City Hall, repairs to boiler and pump at
City Hall and payoff of Fire Department Rescue Truck.
WATER & SEWER FUND
Amend Water and Sewer Fund by appropriating unencumbered funds remaining at September 30,
2004 in the amount of $143,000 and increase line items as detailed below:
Increase 50 -61 -00 -6111 Overtime $13,000
Additional funds required to fund necessary overtime costs due to meter project requiring excess
man hours to complete job in a timely manner.
Increase 50 -61 -00 -6275 Water Meters & Boxes $50,000
Additional funds required for purchase of large water meters and meter boxes for meter change out I
program.
Increase 50 -61 -00 -6393 Contractual Services $50,000
Additional funds required to contract for meter reading services due to the delay in the meter
replacement project completion.
' Increase 50 -62 -00 -6393 Contractual Services $30,000
Unanticipated cost increase in contract services of the wastewater plant due primarily to energy costs
increases.
SOLID WASTE FUND
Amend Solid Waste Fund by appropriating unencumbered funds remaining at September 30, 2004 in
the amount of $14,000 and increase line item as detailed below:
Increase 50 -90 -00 -6406 Contingency $14,000
Increase Solid Waste Fund Budget for rental of trash truck to replace wrecked trash truck while it
was being repaired.
1
187
188
BUDGET ORDINANCE AMENDMENT — ATTACHMENT B I
GENERAL FUND
Amend as follows:
Increase 01 -00 -00 -4700 Miscellaneous Revenue
$3,771
Increase 01 -22 -00 -6265 Supplies./Minor Tools & Equipment
$3,771
Funds received from Sunoco for rescue equipment and training expenses.
Increase 01 -00 -00 -4700 Miscellaneous Revenue
$1,000
Increase 01 -22 -00 -6265 Supplies./Minor Tools & Equipment
$1,000
Funds received from Unocal for rescue equipment and training expenses.
Increase 01 -00 -00 -4355 State Grant Funds
$58,245
Increase 01 -22 -00 -6742 Motor Vehicles
$58,245
Funds received for the 2004 State Homeland Security Program for purchase of a rescue truck
and cargo trailer.
Increase 01 -00 -00 -4355 State Grant Funds $94,488
Increase 01 -21 -00 -6265 Supplies/Minor Tools & Equipment $87,588
Increase 01 -21 -00 -6747 Radio & Radar Equipment $6,900
Funds received for the 2004 State Homeland Security Law Enforcement Terrorism Prevention
Program (LETPP) to purchase a radio control station and portable radios.
SOLID WASTE FUND I
Increase 52 -00 -00 -4375 SETRPC Grant Funds $14,570
Increase 52 -33 -00 -6744 Miscellaneous Equipment $14,570
Funds received from Southeast Texas Regional Planning Commission for the FY 2004/05 Regional
Solid Waste Grant to purchase a surveillance camera for the old landfill.
Increase 52 -00 -00 -4375 SETRPC Grant Funds $9,597
Increase 52 -90 -00 -6406 Contingency $9,597
Funds received from Southeast Texas Regional Planning Commission for the FY 2004/05
Regional Solid Waste Grant for purchase of compost bins and cost incurred for waste collection
instructions mail out.
Increase 52 -00 -00 -4890 Miscellaneous Income $34,182
Increase 52 -90 -00 -6406 Contingency $34,182
Funds receivable from Texas Municipal League for damages to trash truck
1
CITY OF NEDERLAND
ORDINANCE NO. 2005-18
AN ORDINANCE ACCEPTING UTILITY ACCOUNTS
RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF
$21,361.45 AS SHOWN IN ATTACHMENT "A" FOR THE
YEAR ENDED 9 -30 -05 IN THE CITY OF NEDERLAND.
WHEREAS, Generally Accepted Accounting Practices require that uncollectible
accounts receivable be written off to reflect accurate revenues; and,
WHEREAS, based on auditor recommendations it is desirable to present uncollectible
accounts to be charged off.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
Section 1. The City of Nederland's book of accounts of the Water Billing/Collecting
Department are hereby corrected to reflect the following charge -offs for fiscal year 2004 -05 in
the amount of $21,361.45 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 26`" day of September, A.D.,
2005.
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, Cit Attomey
City of Nederland, Texas
f
R. A. Nuge ayor
City of Nederland, Texas
139
190
ATTACHMENT "A"
CITY OF NEDERLAND
ACCOUNTS TO BE WRITTEN OFF FOR FYE 2004 -2005
Account Number
Amount
02- 0010 -10 -0
10.37
02- 0814 -02 -0
61.65
02- 1260 -03 -0
198.20
02- 1900 -00 -0
110.56
02- 2520 -07 -0
72.79
02- 2750 -06 -0
16.42
03- 0180 -01 -0
59.46
03- 0490 -06 -0
110.81
03- 1090 -01 -0
85.12
03- 1100 -01 -0
3,334.76
03- 2270 -00 -0
435.56
03- 2860 -03 -0
73.40
03- 2870 -03 -0
271.40
04- 1710 -08 -0
42.76
04- 2040 -01 -0
39.15
04- 3030 -07 -0
157.30
04- 3070 -01 -0
184.78
04- 4340 -01 -0
26.50
04- 4600 -02 -0
70.46
05- 0070 -04 -0
207.21
05- 0350 -03 -0
85.55
05- 0490 -08 -0
6.37
05- 0520 -00 -0
99.21
05- 1360 -00 -0
459.24
05- 1920 -06 -0
98.45
05- 1950 -03 -0
16.01
05- 3570 -12 -0
40.31
05- 3680 -00 -0
96.96
05- 4110 -02 -0
117.14
05- 4130 -02 -0
1.57
06- 0490 -06 -0
65.95
06- 1100 -13 -0
156.69
06- 1360 -05 -0
66.55
06- 2150 -02 -0
146.32
06- 2910 -03 -0
40.20
07- 0410 -06 -0
27.40
07- 0950 -11 -0
54.61
07- 2140 -01 -0
112.70
08- 1070 -06 -0
47.55
08- 1220 -06 -0
4.14
08- 1500 -02 -0
82.22
08- 1580 -04 -0
170.23
08- 2190 -07 -0
83.62
09- 0150 -05 -0
7.04
09- 2660 -02 -0
100.16
10- 0140 -06 -0
41.68
10- 1040 -06 -0
15.22
10- 1580 -01 -0
28.86
10- 1670 -04 -0
83.61
11- 1140 -00 -0
31.30
11- 1790 -00 -0
30.08
11- 2010 -00 -0
240.35
11- 2190 -00 -0
263.90
11- 3200 -03 -0
28.59
11- 3212 -07 -0
103.44
11- 3245 -03 -0
164.14
0
1
1
U
1
1
11- 3260 -01 -0
28.20
12- 0740 -08 -0
148.36
12- 0420 -03 -0
105.35
12- 0710 -00 -0
42.62
12- 0900 -00 -0
4.20
12- 0930 -05 -0
14.39
12- 0990 -00 -0
127.46
12- 1120 -05 -0
56.09
12- 1130 -03 -0
218.07
12- 1220 -01 -0
157.16
12- 1240 -04 -0
128.49
12- 1330 -05 -0
96.37
12- 1530 -01 -0
74.03
12- 1760 -03 -0
16.38
13- 0440 -01 -0
150.27
13- 0820 -03 -0
61.38
13- 0920 -00 -0
179.80
13- 1090 -00 -0
197.08
13- 1170 -04 -0
148.33
13- 1710 -03 -0
38.74
13- 2069 -01 -0
97.00
13- 2100 -05 -0
34.79
13- 2150 -05 -0
56.69
13- 2190 -04 -0
113.85
13- 2230 -05 -0
290.14
14- 0220 -00 -0
30.82
14- 0920 -02 -0
7.83
14- 0990 -00 -0
8.78
14- 1130 -00-0
86.87
14- 1310 -01 -0
334.48
14- 1460 -07 -0
102.68
14- 1610 -00 -0
180.38
14- 1670 -02 -0
135.92
14- 2050 -05-0
11.39
14- 2050 -06-0
71.48
14- 2120 -03 -0
44.77
14- 2420 -02 -0
65.37
15- 0370 -05 -0
32.70
15- 0460 -03 -0
80.63
15- 1140 -03 -0
156.54
15- 1370 -04 -0
139.84
15- 2320 -05 -0
149.31
15- 2330 -00-0
110.06
15- 2370 -08 -0
89.09
15- 2450 -02 -0
76.78
15- 2510 -08 -0
5.91
16- 0190 -08 -0
100.20
16- 0710 -02 -0
161.24
16- 0930 -06 -0
36.83
16- 1340 -07 -0
91.14
16- 1370 -04 -0
100.77
16- 1660 -01 -0
25.34
16- 1720 -00 -0
194.08
16- 1830 -01 -0
203.10
16- 1835 -01-0
5.16
16- 1980 -00-0
425.58
17- 0050 -00 -0
65.80
17- 0200 -03 -0
264.51
17- 0200 -04 -0
27.20
17- 0250 -09 -0
16.68
191
192
17- 0252 -04 -0
41.74
17- 0550 -04 -0
208.17
17- 0780 -03 -0
682.91
17- 1010 -07-0
86.15
17- 1020 -10-0
174.96
17- 1230 -02 -0
227.37
17- 1390 -05 -0
24.54
17- 1650 -07 -0
51.99
17- 1800 -02 -0
69.63
17- 1810 -00 -0
62.69
17- 1835 -00 -0
225.47
17- 1870 -05 -0
21.97
17- 2010 -05 -0
48.18
17- 2030 -00 -0
107.74
17- 2110 -05 -0
54.18
18- 0300 -07 -0
57.10
18- 2530 -03 -0
361.68
19- 0080 -06 -0
11.19
19- 0590 -03 -0
143.84
19- 1010 -10 -0
32.26
19- 1900 -05 -0
109.99
20- 0570 -06 -0
32.96
20- 1170 -05 -0
47.11
20- 1260 -01 -0
259.28
20- 1780 -05 -0
111.85
20- 1850 -03 -0
218.26
20- 1940 -06-0
96.17
20- 2450 -02 -0
27.29
21- 1090 -03 -0
79.64
23 -0930 -02-0
344.91
23- 1130 -08 -0
11.01
24- 0020 -00 -0
235.76
24- 0645 -01 -0
315.06
24- 0650 -00 -0
560.18
24- 0660 -00 -0
346.16
240690 -03 -0
116.08
24- 0735 -02 -0
15.69
24- 0880 -00 -0
663.87
24- 1040 -00 -0
65.90
$21,361.45
1
1
1
1
1
193
2004 -2005 BUDGET AMENDMENT REQUEST No. 1
Fund :
Water & Sewer Department: 50 63 -00 W & S Distribution
Increase the
following account(s):
Amount
5063-00
6111 Overtime
$18,000.00
5063-00
6116 Certification Pay
$300.00
5063-00
6222 Motor Vehicle Fuel
$3,000.00
Sub — total
$21,300.00
Decrease the following account(s)
Amount
5063-00
6247 Water & Sewer Mains
$1,000.00
5063-00
6755 Water Distribution Lines
$18,300.00
5063-00
6760 Water Taps
$1,000.00
5063-00
6761 Sewer Taps
$1,000.00
Sub — total
$21,300.00
Justification for amendment with course of action if not approved:
Most line items are for adjustment to actual expenditures.
De p a Head Requesting Amendment:
-7 6,V--v
Date
Funds Available:
City Trbasurer Date
App r
City Manager Date
Approved by Council:
� �— Date
194
EMERGENCY MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND I
5:30 p.m. September 30, 2005
1. MEETING
The emergency meeting was called to order at 5:30 p.m. by Mayor R. A. Nugent
at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas.
See attached for quorum.
2. ORDINANCE
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal to
approve Ordinance No. 2005 -19 establishing and continuing certain emergency
measures and regulations for the City of Nederland necessary due to the state of
disaster resulting from Hurricane Rita. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. ADJOURN
There being no further business a motion was made by Councilmember Griffin
and seconded by Councilmember Sheffield to adjourn the meeting at 5:35 p.m. '
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
All:)/��-
R. A. Nugen ayor
City of Neder and, Texas
1
195
CITY OF NEDERLAND
ORDINANCE NO. 2005-19
' AN ORDINANCE REQUIRING CERTAIN
EMERGENCY MEASURES BE TAKEN AS A
RESULT OF STATE OF DISASTER PURSUANT TO
THE EXECUTIVE ORDER OF THE GOVERNOR
RELATING TO EMERGENCY MANAGEMENT.
WHEREAS, by proclamation issued September 21, 2005, the Mayor
declared a state of disaster for the City of Nederland resulting from Hurricane
Rita; and
WHEREAS, said state of disaster requires that certain emergency
measures be taken pursuant to the Executive Order of the Governor Relating to
Emergency Management; and the following regulations shall take effect
immediately upon issuance and shall remain in effect until the state of disaster is
terminated.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS:
Section 1: Curfew
A person shall not remain or travel upon any public or private property in
the following area(s) between the hours of 7:00 p.m. and 7:00 a.m.: the
corporate city limits of the City of Nederland.
This section shall not apply to a person authorized by the Emergency
' Management Director to assist in the protection of the health, safety, or welfare
of the public. or a person who remains or travels upon private property which is
owned by said person or upon which the person has been invited.
Section 2: Explosives
A person shall not sell, barter, loan, or give away arms, ammunition,
dynamite, or other explosives in the corporate city limits of the City of Nederland.
All establishments where arms, ammunition, dynamite, or other explosives
are sold shall be closed in the corporate city limits of the City of Nederland.
Section 3: Price Controls
A person shall not sell any of the following goods or services for more than
the price the person charged for the goods or services on September 21, 2005:
a. groceries, beverages, toilet articles, ice:
b. construction and building materials and supplies, and
earthmoving equipment and machinery;
C. electrical and gas generating and transmission equipment,
parts and accessories;
d. charcoal briquettes, matches, candles, lamp illumination and
heat unit carbides, dry batteries, light bulbs, flashlights, and
hand lanterns;
e. hand tools (manual and power), hardware and household
supplies, and equipment rental;
f, automotive parts, supplies, and accessories
g. plumbing and electrical tools and supplies;
h. apartment, duplex, multi - family dwelling, rooming house
hotel and motel rental;
i. gasoline, diesel oil, motor oil, kerosene, grease, and
automotive lubricants;
196
j. restaurant, cafeteria, and boarding -house meals;
k. services of roofing and building contractors, plumbers,
electricians, mechanics, tree surgeons, and automobile
wrecker companies; '
I. medicine, pharmaceutical, and medical equipment and
supplies;
M. blankets, quilts, bedspreads, bed linens, mattresses,
bedsprings, bedsteads, towels, and toilet paper; and
n. furniture and clothing.
Section 4. Extension of State of Distaster
The powers vested in the Mayor detailed in the DECLARATION OF
DISASTER established effective September 21, 2005, attached hereto and
incorporated by reference, shall be extended for an additional period of thirty
days beyond the initial seven day period established in said DECLARATION, or
until the state of disaster is terminated, whichever occurs first.
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 30TH DAY OF
SEPTEMBER, A.D., 2005.
ATTEST:
ID r,I y
LaDonna Floyd, City Clerk
City of Nederland, Texas
1
R. A. Nugent, yor
City of Nederla , Texas
1
1
197
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
MEETING
October 10, 2005
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Sheffield and seconded by
Councilmember Griffin to approve the minutes of the regular meeting of
September 26, 2005, and the emergency meeting of September 30, 2005 as
written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. STREETS AND SIDEWALKS
' A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern
Neal to authorize the closure of the 1100 block of Boston Avenue on October 31,
2005, from 5:30 p.m. to 8:00 p.m. for Boston Avenue Merchants' Association
Halloween activities. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded b
Councilmember Griffin to authorize the closure of Franklin Avenue, between 12t
and 13th Streets, on October 27, 2005 from 3:00 p.m. — 9:00 p.m. for Langham
Elementary School's Annual Fall Carnival. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
4. RESOLUTIONS
A motion was made by Mayor Nugent and seconded by Councilmember Rogers
to approve the first reading of Resolution No. 2005 -15, ratifying the action of the
Nederland Economic Development Corporation related to the incentive offered to
Golden Triangle Specialty Medical Center dba Promise Specialty Hospital of
Southeast Texas. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
19 s Minutes continued, October 10, 2005
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to approve the first reading of Resolution No. 2005 -16, ratifying the action
of the Nederland Economic Development Corporation related to the incentive '
offered to A & J Ladies, L.L.C. dba Bath Junkie -Mid County. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
5. HURRICANE RITA
A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern
Neal to waive permit fees as a result of the declared state of disaster for the City
of Nederland resulting from Hurricane Rita. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Griffin and seconded by Councilmember
Rogers to waive permits, permit fees, and inspections associated with repairs to
residential electrical meter cans and risers as a result of the declared state of
disaster for the City of Nederland resulting from Hurricane Rita. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Griffin and seconded by Councilmember '
Rogers to adopt a one time variance to the Code of Ordinances, parking of travel
trailers as a result of the declared state of disaster for the City of Nederland
resulting from Hurricane Rita. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to
waive penalties and cut -offs for late payment of water, sewer, and sanitation bills,
as a result of the declared state of disaster for the City of Nederland resulting
from Hurricane Rita. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember Rogers
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
1
Minutes continued, October 10, 2005
7. OFFICIALS' COMMENTS
' Andre' Wimer, City Manager, thanked all City employees for their hard work in
the aftermath of Hurricane Rita. Work conditions were extremely difficult with no
water, sewer, or electricity and everyone pulled together and worked as a team
to restore City services in preparation for residents to return to Nederland. He
reported that the boil water notice was lifted Thursday, October 6th and full water
and wastewater services were restored once the plants had electrical power. Mr.
Wimer added that most City facilities suffered some structural damage. The roof
above the dorm /office area of the Fire Station was severely damaged; roof
damage to foyer area of City Hall; Recreation Center severely damaged and
parks are closed until a thorough inspection can be made on the playground
equipment. The library also sustained damage and is temporarily closed. The D.
Bob Henson Office Building received water damage. All City departments, other
than Public Works, are temporarily being housed at City Hall. Mr. Wimer stated
that Jefferson County hired a debris removal company that will be picking up
debris throughout the entire County and this will ultimately be paid for by FEMA.
Normal garbage collection began Monday, October 3'd, and roll off containers
were placed at Highland Park, Helena, and Hillcrest Elementary Schools for
residents use, but these will be removed today due to necessary clean -up prior to
resumption of classes next week. He also reported that we have contracted with
a firm to provide temporary inspectors to assist with the anticipated high number
of permits and inspections. All cities within Jefferson County lifted the curfew
effective today. Mr. Wimer also commended the five area mayors for their joint
efforts in making important decisions to insure the safe return of all residents.
' Mayor Nugent also thanked the City employees for such a great job they have
done under such adverse conditions. He added that many worked from daylight
to dark with no complaints from anyone. Mayor Nugent also commended the
City Manager for his hard work.
Councilmember Rogers stated that the leadership of Nederland should be
commended. He added that he is very pleased with the tremendous amount of
progress made.
Councilmember Griffin also commended City staff and noted how well organized
all the work appears to be.
Councilmember Sheffield stated that he returned to Nederland the day after the
storm and was impressed with the work done by City staff. He added that they
were clearing roadways in order to make way for utility crews to restore power to
the city. He also suggested that FEMA or the City try to assist all employees
with their cellular telephone bills due to the fact that cell phones were practically
operating the City during the first week of recovery.
Mayor Pro Tern Neal commended the City Manager and staff for an excellent job
in getting so much completed in such a relatively short period of time.
Mr. Wimer added that he would like to thank Nederland Independent School
District for their cooperation and for their efforts in providing much needed fuel in
the first few days after the hurricane.
199
200 Minutes continued, October 10, 2005
Steve Hamilton, Director of Public Works, also took the opportunity to thank all
the City employees for their hard work. He then reported on the debris removal '
process stating that the main problem is trash being placed in the streets and
ditches. He added that he meets with the debris removal contractor daily to
receive updates regarding their progress in the City. The contractor is trying to
obtain additional trucks for Nederland.
8. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Rogers to adjourn the meeting at 4:00 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
R. . Nuge , Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City CI rk
City of Nederland, Texas
1
I
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Tim Sheffield
Council Member — Ward I
Billy Neal
Council Member —Ward II
✓
Debby Griffin
Council Member— Ward III
v✓
Bert Rogers
Council Member — Ward IV
Andre Wimer
City Manager
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
i/
Richard Hughes
City Attorney
Darrell Bush
Police Chief
✓
Gary Collins
Assistant Fire Chief
1
Cheryl Dowden
Director of Finance
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Victoria Klehn
Librarian
l%
Kelly Galloway
Assistant to the City Manager
1/
R. A. Nug nt, M or
e�
LaDonna Floyd, City Clerk
I () - /y- &1
Date
?rah
PRE$$ RELEASE
OCTOBER 5, 2005
CITIES OF PORT NECHES, NEDERIAND AND GROVES
REQUIREMENTS FOR RESIDENTIAL. AND COMMERCIAL RECONSTRUCTION
Permits and inspections vdl be required for all storm damaged construction due to Hurricane
Rita, wkh the exception of fence replacement, tree tre'nming and repairs to meter cans and
risers ONLY as discussed in the press release on October 4, 2005- All permit fees for
residential reconstruction and demolition will be waived until January 1, 2006, Permts can be
obtained at the Inspection Department for each appropriate city during their normal working
hours, or by calling the number listed below. The fees to be waived are for residential
structures only, and must pertain to storm damage repair and/or demolition construction. New
construction due to demolition &Wor additional square footage, and all commercial
mmstruction MR require permits with fees. The fo& ving m an example of the permh that
are required with no permit fee:
1. roof repair
2. structural repair
3. mold or water restoration
4. plumbing repair
5, elec3+ical repair
6. mechanical repair
ALL contractors, including tree trimnwis, are required to be licensed and bonded wdh each
City and the appropriate State agencies. Homeowners should demand from the contractor a
copy of the City permit before construction begins. Homeowners shall file for these same
permits to work on their own home.
For any questions, please call the tbfimAng
Port Neches Permit Department
(409) 727 -2181
Nederland Permit Department
(409) 723 -1502
7
PRESS RELEASE
OCTOBER 4, 2005
CITIES OF PORT NECHES, NEDERLAND AND GROVES
REQUIREMENTS FOR ELECTRICAL METER CANS AND RISERS ONLY
RESIDENTIAL
All permits, permit fees, and inspections will be waived for repairs to meter cans and
risers only that were damaged due to Hurricane Rita. This will apply to homeowners
doing work on property they own and occupy as their homestead and have a current
account with Entergy. This will also apply to all State Licensed Electricians doing work in
the cities of Port Neches, Nederland and Groves.
COMMERCIAL
All permits, permit fees, and inspections will be required for any repairs, including
electrical, to all commercial structures.
We highly recommend that homeowners that are doing their own electrical work obtain
the specification requirements for the repair to meter cans and risers. This information
can be obtained at their local City Hall. We highly recommend that all homeowners that
hire a State Licensed Electrician to repair their meter can and riser ask for a copy of the
Electrician's State License and liability insurance as required by the State of Texas.
For any questions, please call the following:
Nederland Permit Department
(409) 723- -1502
Groves Permit Department
(409) 960 -5700
Port Neches Permit Department
(409) 727.2181
1
204
PRESS RELEASE
OCTOBER 5, 2005
CITY OF PORT NECHES, NEDERLAND, AND GROVES
REQUIREMENTS FOR TEMPORARY PLACEMENT OF TRAILERS
The City of Port Neches, Nederland and Groves will allow travel trailers to be temporarily
placed on properties for use by the property owner only as a result of hardships due to Hurricane
Rita. Additionally, temporary offices for commercial, government, or insurance- related
businesses that need additional office space or need to be relocated due to Hurricane Rita will
also be authorized. The placement of these travel trailers will be permitted through March 31,
2006. Should a property owner need to utilize a travel trailer after March 31, 2006, it will be
necessary to make application to the City for a hardship situation.
Prior to placement of a travel trailer, it will be necessary to obtain a permit from the City. For
permit information or questions, please call:
Port Neches Permit Department (409) 727 -2182
Nederland Permit Department (409) 723 -1502
Groves Permit Department (409) 960 -7750
Property owners will not be authorized to place multiple travel trailers on their property for use
by persons other than the property owners.
1
u'
1
I MEMORANDUM
TO: Andre Wimer, City Manager
FROM: Linda Tillotson, Accounting Supervisor
DATE: October 7, 2005
SUBJECT: Utility Billing
With so many Nederand residents affected by Hurricane Rita, I would like to waive
penalties on utility bills mailed in September that had a due date after the September 22
mandatory evacuation order. This would include bills mailed for Cycle 2 with a due date
on September 28, and Cycle 3 with a due date of October 5.
In addition, I would like to suspend cutoffs for the month of October to allow citizens
adequate time to get back on their feet. The City of Port Neches approved the same
policy yesterday.
1
205
206
1
207
REGULAR MEETING OF THE CITY COUNCIL OF THE
I
CITY OF NEDERLAND
6:00 p.m.
MEETING
October 24, 2005
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tem Neal and seconded by Councilmember
Rogers to approve the minutes of the October 10, 2005 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. REQUESTS
Andre' Wimer, City Manager, explained that Mr. B. R. Hawthorne, 1308
Marshall, is requesting a reduction in his water bill due to Hurricane Rita. As
a result of any uprooted tree, the service line to his residence was damaged
resulting in a leak. The City's ordinance allows for the sewer and
maintenance portions of a bill to be reduced to the average of the preceding
six months. Mr. Hawthorne has requested that the City Council also consider
averaging the water consumption because he was unable to return to town to
make the necessary repairs during the mandatory evacuation.
B. R. Hawthorne, 1308 Marshall, advised Council that the repairs were made
to his service line by a licensed plumber as soon as he returned home.
A motion was made by Mayor Nugent and seconded by Councilmember Griffin
to authorize an exception to the City of Nederland water billing policy due to
circumstances associated with Hurricane Rita by reducing the water bill of B.
R. Hawthorne, 1308 Marshall, to the amount of $50.90. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Andre' Wimer, City Manager, explained that James Shahan, 3106 Avenue B,
is requesting that grass cutting fees and liens be waived on his property. The
liens were placed on the property in 1990 and 1995 as a result of bills not
being paid by Mr. Shahan's grandfather who was the property owner at that
time. According to Mr. Shahan the title search performed when he purchased
the property did not identify these liens. A more recent title search was done
which did identify the liens.
4.08
Minutes continued, October 24, 2005
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve a request from James Shahan, 3106 Avenue B, to waive
interest costs only associated with two grass cutting liens and to release the I
liens when the original fees paid to the contractor are paid in the amount of
$380.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
4. HEARING
Andre' Wimer, City Manager, explained that this hearing is for the purpose of
receiving opening statements from CenterPoint Energy Entex and the City of
Nederland regarding the interim order and related issues pertaining to
CenterPoint Energy Entex's rate increase request and continuing the hearing
in progress.
Richard Hughes, City Attorney, presented the City's opening statement by
stating that on June 30, 2005 CenterPoint filed a Statement of Intent with the
City of Nederland. The City has exclusive jurisdiction on all utility rate
matters and we have continued to represent our citizens in all rate cases. It
was discovered that they failed to cause notice to be published in compliance
with Section 104.103(a)(1) of the Utilities Code. The notice that was
published failed to provide any information about the rate increase being
requested. The City adopted an interim order requiring CenterPoint to notify
the City when it intends to publish notice in a manner specified by the City, as
well as when it intends to update its test year data which was not in '
compliance with state regulations. Mr. Hughes added that in total
noncompliance with the City's interim order CenterPoint appealed that order
to the Railroad Commission in an effort to interfere with the City's exclusive
jurisdiction over their rate increase request. Their appeal was denied by the
Railroad Commission. CenterPoint has failed to promptly respond to
discovery requests of the Alliance of CenterPoint Municipalities, which we are
a member, with some requests being more than forty -five days overdue.
CenterPoint has notified the City that they will not answer any discovery
about its current or updated test year data. Mr. Hughes advised the City
Council to continue this hearing in progress until such time as CenterPoint has
fully and completely answered discovery about its updated or current test
year and there has been sufficient time to analyze their responses to
discovery; and, that the hearing in progress will continue until notice is
published which is consistent with Section 104.103 of the Utilities Code and
City of Nederland Ordinance No. 2005 -12.
Brad Tutunjan, CenterPoint, provided the opening statement for CenterPoint
Energy Entex by stating that the City's notice of hearing is untimely under the
Gas Utility Regulatory Act and that the time period for entering into a hearing
on the proposed rate change has lapsed. He further stated that they filed the
Statement of Intent to Change Rates with the City on June 30, 2005 with a
proposed effective date of August 5, 2005. This effective date was calculated
based on Section 104.102(a) of the Utility Regulatory Act — thirty -five days
after the filing. This Act limits the time period in which the regulatory ,
authority may convene a hearing to determine the propriety of the proposed
increase to the 30th day after the effective date of the increase. CenterPoint
is of the opinion that the City acted outside of its
209
Minutes continued, October 24, 2005
statutory authority in initiating a hearing on October 24, 2005 and declaring
S. CENTERPOINT ENERGY
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve Resolution No. 2005 -17, suspending the effective date
indefinitely for CenterPoint Energy Entex's request to increase rates and
requiring prompt responses to discovery requests. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. RESOLUTIONS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve Resolution No. 2005 -18, authorizing application to the
Federal Emergency Management Agency (FEMA) for grant funds associated
with Hurricane Rita. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
an ongoing hearing in progress. He added that if the City determines that the
notice and test year data are insufficient the law provides for a clear remedy.
The City may deny the proposed rates or dismiss ifs Statement of Intent to
Change Rates. Each of these actions represents a final determination on
CenterPoint's proposed rates, which CenterPoint may then appeal to the
Railroad Commission. In the event the City does not make a final
determination on the proposed rates by November 2, 2005, the City is
considered to have approved the proposed rates under the Regulatory Act.
The City cannot subvert the comprehensive regulatory framework established
by the Legislature in the Regulatory Act by refusing to issue a ruling according
to the statutorily prescribed procedures and within the statutorily required
time period. Neither can the City deprive the Commission of its exclusive
appellate jurisdiction through the artificial means of an untimely hearing in
progress.
Mr. Hughes added that it was not a matter of the notice being published, but
was it timely, and the incorrect test year data. He stated that the most
troubling issue was their refusal to answer discovery. Additionally, it is not
possible for the City to accurately consider the rate request in the absence of
receiving complete information from CenterPoint.
Councilmember Rogers stated that he reviewed the rate case information
back to the initial filing date and he is of the opinion that CenterPoint has
shown no interest in working with the members of the Alliance of CenterPoint
Municipalities.
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to continue the hearing in progress until such time as
CenterPoint complies with the notice requirements and test year data.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
S. CENTERPOINT ENERGY
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve Resolution No. 2005 -17, suspending the effective date
indefinitely for CenterPoint Energy Entex's request to increase rates and
requiring prompt responses to discovery requests. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
6. RESOLUTIONS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve Resolution No. 2005 -18, authorizing application to the
Federal Emergency Management Agency (FEMA) for grant funds associated
with Hurricane Rita. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
`' 10
Minutes continued, October 24, 2005
A motion was made by Mayor Nugent and seconded by Councilmember '
Rogers to approve Resolution No. 2005 -15, ratifying the action of the
Nederland Economic Development Corporation related to the incentive offered
to Golden Triangle Specialty Medical Center dba Promise Specialty Hospital of
Southeast Texas. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to approve Resolution No. 2005 -16, ratifying the action of the
Nederland Economic Development Corporation related to the incentive offered
to A & J Ladies, L.L.C. dba Bath Junkie -Mid County. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
7. BIDS /PROPOSALS
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to authorize the award of bids received for effluent
troughs for the Wastewater Treatment Plant to Kieschnick Industries, Inc.,
Nederland, TX, in the amount of $42,636.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
PAYMENTS '
A motion was made by Councilmember Sheffield and seconded by Mayor
Nugent to approve payment to Schaumburg & Polk, Inc. in the amount of
$450.00, FY 2005 wastewater rehabilitation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to approve payment of the bills for the month of September.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
9. EXECUTIVE SESSION
The regular meeting was recessed at 6:40 p.m. by Mayor Nugent for the
purpose of conducting an Executive Session as authorized by Texas
Government Code, Chapter 551.074, discuss personnel appointment — Fire
Chief /Fire Marshall; 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.; appeal fo Texas
Gas Service Company from ratesetting actions of the Cites of Nederland, Port
Neches, and Groves; appeal of CenterPoint Energy Entex from ratesetting
actions of the City of Nederland; and, consultation with City Attorney.
211
Minutes continued, October 24, 2005
I 10. RECONVENE
The regular meeting was reconvened at 7:00 p.m. by Mayor Nugent.
11. PERSONNEL
Andre' Wimer, City Manager, stated that after due consideration he is
recommending that Assistant Gary Collins be appointed as the Fire Chief /Fire
Marshall. He added that in accordance with Chapter 143 of the Local
Government Code, Municipal Civil Service, appointment of the department
head is appointed by the City's chief executive and confirmed by the
governing body.
A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Neal
to confirm the City Manager's appointment of Gary Collins as the City of
Nederland Fire Chief /Fire Marshall. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Chief Collins thanked the Mayor, City Council, and City Manager for the honor
to serve in this capacity. He added that he never thought he would have this
opportunity and will do his best to serve the City and its citizens.
12. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, stated that Chief Collins received notification
from the State of Texas Division of Emergency Management that the City
received a 2005 Homeland Security Grant in the amount of $162,960. He
announced that the library reopened on Tuesday, October 18th. Finally, he
reported that the debris removal contractor has removed over 77,000 cu. yd.
through October 20tH
13. ADJOURN
There being no further business a motion was made by Councilmember
Sheffield and seconded by Councilmember Griffin to adjourn at 7:15 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
G
R. A. Nu ent, yor
ATTEST:
(:::)�Q, ^a,.�/
LaDonna Floyd, City C—le
2l 2
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
(„o
Tim Sheffield
Council Member —Ward I
�✓
Billy Neal
Council Member — Ward II
V/
Debby Griffin
Council Member —Ward III
Bert Rogers
Council Member —Ward IV
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
L11
Gary Collins
Assistant Fire Chief
Cheryl Dowden
Director of Finance
✓
Steve Hamilton
Director of Public Works
v'
Rod Hatch
Building Official
Victoria Klehn
Librarian
✓
Kelly Galloway
Assistant to the City Manager
I✓
R. A."Nugent, or
LaDonna Floyd, City Clerk
/6 ,.":� L/,. c;
213
CITY OF NEDERLAND
WHEREAS, on June 30, 2005 CenterPoint Energy Entex ( "ENTEX ") filed a Statement of
Intent with the City of Nederland, Texas ( "City"); and
WHEREAS, ENTEX has failed to cause notice to be published in compliance with Section
104.103(a)(1) of the Utilities Code; and
' WHEREAS, the notice published by ENTEX fails to provide any information about the rate
increase being requested by ENTEX; and
WHEREAS, the City adopted an interim order requiring ENTEX to notify the City when it
intends to publish notice in a manner specified by the City that complies with Section 104.103(a)(1);
and
WHEREAS, the City's interim order required ENTEX to notify the City when it intended to
update its test year data; and
WHEREAS, in total noncompliance with the City's interim order ENTEX appealed that
order in an effort to interfere with the City's exclusive original jurisdiction over ENTEX's rate
increase request; and
WHEREAS, the appeal of the interim order was frivolous and without merit; and
WHEREAS, ENTEX has failed to promptly respond to discovery requests of the Alliance of
CenterPoint Municipalities ( "ACM "), of which the City is a member, with some requests being more
than forty -five (45) days overdue; and
WHEREAS, ENTEX refiled its Rate Filing Package with the Railroad Commission of Texas
on September 21, 2005 and with Special Counsel for the City with an updated or current test year;
and
WHEREAS, ENTEX has notified the City that it will not answer any discovery about its
current or updated test year data.
WHEREAS, although the City Council deems the public notice previously published by
Entex of its proposed rate increase to be wholly insufficient, the City Council, to protect the
exclusive original jurisdiction of the City over Entex's rate increase request, finds and determines
that it should schedule and enter upon a hearing on Entex's rate increase request, pursuant to Texas
Utilities Code Section 104.105.
RESOLUTION NO. 2005-17
PROCEDURAL RESOLUTION OF THE CITY OF
NEDERLAND, TEXAS SUSPENDING THE
EFFECTIVE DATE INDEFINITELY FOR
CENTERPOINT ENERGY ENTEX'S REQUEST TO
INCREASE RATES WITHIN THE CITY OF
NEDERLAND UNTIL THE PUBLICATION OF
PUBLIC NOTICE IN A MANNER CONSISTENT
WITH THE LAW AND THE CITY'S INTERIM
ORDER; REQUIRING PROMPT RESPONSES TO
DISCOVERY REQUESTS; REQUIRING THE
TRACKING OF COSTS RELATED TO THE
PETITION FOR REVIEW OF THE INTERIM
ORDER; NOTICE OF PUBLIC HEARING AND
HEARING IN PROGRESS; DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS IN ACCORDANCE WITH THE
REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT AND DECLARING AN
EFFECTIVE DATE
WHEREAS, on June 30, 2005 CenterPoint Energy Entex ( "ENTEX ") filed a Statement of
Intent with the City of Nederland, Texas ( "City"); and
WHEREAS, ENTEX has failed to cause notice to be published in compliance with Section
104.103(a)(1) of the Utilities Code; and
' WHEREAS, the notice published by ENTEX fails to provide any information about the rate
increase being requested by ENTEX; and
WHEREAS, the City adopted an interim order requiring ENTEX to notify the City when it
intends to publish notice in a manner specified by the City that complies with Section 104.103(a)(1);
and
WHEREAS, the City's interim order required ENTEX to notify the City when it intended to
update its test year data; and
WHEREAS, in total noncompliance with the City's interim order ENTEX appealed that
order in an effort to interfere with the City's exclusive original jurisdiction over ENTEX's rate
increase request; and
WHEREAS, the appeal of the interim order was frivolous and without merit; and
WHEREAS, ENTEX has failed to promptly respond to discovery requests of the Alliance of
CenterPoint Municipalities ( "ACM "), of which the City is a member, with some requests being more
than forty -five (45) days overdue; and
WHEREAS, ENTEX refiled its Rate Filing Package with the Railroad Commission of Texas
on September 21, 2005 and with Special Counsel for the City with an updated or current test year;
and
WHEREAS, ENTEX has notified the City that it will not answer any discovery about its
current or updated test year data.
WHEREAS, although the City Council deems the public notice previously published by
Entex of its proposed rate increase to be wholly insufficient, the City Council, to protect the
exclusive original jurisdiction of the City over Entex's rate increase request, finds and determines
that it should schedule and enter upon a hearing on Entex's rate increase request, pursuant to Texas
Utilities Code Section 104.105.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS THAT:
SECTION 1. PROCEDURAL ORDER
This resolution is a procedural order and should not in any way be interpreted as a final
decision on CenterPoint Energy Entex's Statement of Intent, as originally filed June 30, 2005 or as
refiled on September 21, 2005.
SECTION 2. INCORPORATION OF PREAMBLE
The facts and findings set forth in the preamble are adopted as though restated herein.
SECTION 3. SUSPENSION OF EFFECTIVE DATE
The effective date for CenterPoint Energy Entex's Statement of Intent filed with the City on
June 30, 2005 and as refiled on September 21, 2005, is hereby suspended indefinitely due to the
failure to publish notice in conformity with Section 104.103(a)(1). The effective date will be
recalculated once notice is complete.
SECTION 4. PUBLIC NOTICE
CenterPoint Energy Entex shall cause public notice to be published once a week for four
consecutive weeks in a newspaper of general circulation within Jefferson County in the manner
specified by Ordinance No. 2005 -12. The City Council finds that such notice satisfies the
requirements of Section 104.103(a)(1) of the Utilities Code. CenterPoint Energy Entex shall notify
the City Manager, within ten days of the adoption of this resolution, of the date when CenterPoint
Energy Entex expects to complete public notice along with a copy of the text submitted to the
newspaper for publication.
SECTION 5. SUBMISSION OF REPORT '
Entex shall submit a report to the City Manager detailing all expenses, with invoices,
incurred in connection with the appeal of the interim orders adopted by the Alliance of CenterPoint
Municipalities ( "ACM ") including any contracts or agreements for services of outside consultants or
attorneys.
SECTION 6. HEARING
A hearing on ENTEX's request to increase rates within the City of Nederland was scheduled
and held at 6:00 p.m. on October 24, 2005, at the Nederland City Hall, 1400 Boston Avenue,
Nederland, Texas. The hearing provided for an opening statement from ENTEX for up to 10
minutes and up to a 10 minute opening statement for the City. After opening statements, the hearing
was continued as a hearing in progress until such time as ENTEX has fully and completely answered
discovery about its updated or current test year and there has been sufficient time to analyze
ENTEX's responses to such discovery. Further, that the hearing in progress will continue until notice
is published which is consistent with Section 104.103 of the Utilities Code and with the Ordinance
No. 2005 -12.
SECTION 7. PROMPT RESPONSE TO DISCOVERY
Responses to Requests for Information shall be provided within 14 calendar days of receipt.
In the event of extraordinary circumstances for particular requests the deadline may be extended up
to 7 additional calendar days.. ENTEX is hereby ordered to respond to any and all discovery, not
otherwise privileged or subject to an objection under the Texas Rules of Civil Procedure. ENTEX
shall respond to discovery concerning its September 21, 2005 filing with the City's Special Counsel.
SECTION S. CUMrULATIVE REQUIREMENTS AND EFFECTIVE. DATE ,
This Ordinance is cumulative of all other requirements for notice under state law and shall
become effective upon passage and publication as required by law.
1
A copy of this resolution shall be faxed to Mr. Chuck Harder, Executive Director of Rates
and Regulatory, CenterPoint Energy Entex as (713) 207 -0046 within twenty-four hours of the
adoption of this resolution along with a copy by regular mail to Mr. Harder at 1111 Louisiana,
Houston, Texas 77002.
PASSED AND APPROVED this the o2 V day of tQetOteA 2005.
R. A. Nugent 61ayor
ATTEST:
LaDonna Floyd, City Clerk
APPROVED AS TO FORM AND LEGALITY:
' Richard D. Hughes, City Attorney
1
215
216
CITY OF NEDERLAND
RESOLUTION 2005 -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS VERIFYING THAT THE CITY
OF NEDERLAND, TEXAS POSSESSES THE LEGAL
AUTHORITY TO APPLY FOR A FEDERAL EMERGENCY
MANAGEMENT AGENCY GRANT AND TO FINANCE
AND CONSTRUCT THE PROPOSED FACILITIES;
AUTHORIZING THE FILING OF THE APPLICATION;
AND DESIGNATING AN OFFICIAL REPRESENTATIVE.
WHEREAS, the DESIGNATION OF APPLICANT'S AGENT -FEMA 1606 DRTX
form requires that the City Council adopt a resolution indicating that the City of Nederland
(City) possesses the legal authority to apply for a Federal Emergency Management Agency
(FEMA) grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
THAT the City of Nederland possesses the legal authority to apply for a FEMA grant;
and
THAT the City is authorized to file the necessary application and submit the
corresponding documentation; and
1
THAT the City designates City Manager Andr€ Wimer as the official representative to
act on behalf of matters related to the FEMA grant.
PASSED AND APPROVED BY TiHE CITY COUNCIL OF THE CITY OF '
NEDERLAND, TEXAS this day of 4 e.tQb-(,l 2005.
'L
R. A. Nugent, ayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
,%Z a W2
Richard D. Hughes, City Attorney
City of Nederland, Texas
11
CITY OF NEDERLAND
RESOLUTION 2005 -15
A RESOLUTION OF THE CITY OF NEDERLAND
RATIFYING THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS, the present and prospective right to gainful employment and general
welfare of the people of Nederland require as a public purpose the promotion and development
of new and expanded business enterprises; and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments, welfare,
and prosperity of its citizens; and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance. provided in the one -half cent sales tax for economic development are in the public
interest and serve a public purpose in promoting the welfare of the citizens of the City
economically by the securing and retaining of business enterprises and the resulting maintenance
of a higher level of employment, economic activity, and stability; and
WHEREAS, the citizens of the City of Nederland provided for the creation of the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described; and
I WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law, its charter, bylaws and by board approval, to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS:
THAT the action of the Board of Directors of the Nederland Economic Development
Corporation (`Board ") relating to the offering of an incentive to Golden Triangle Specialty
Medical Center dba Promise Specialty Hospital of Southeast Texas, in accordance with the terms
and conditions as proscribed by the Board, is hereby ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 10TH day of October
2005, at which meeting a quorum was present and voting.
R. A. Nugent ayor
City of Neder and, Texas
ATTEST:
LaDonna Floyd, City 6erk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Attorney
City of Nederland, Texas
217
218
Resolution No. 2005 -15
Page 2
PASSED AND APPROVED ON THE SECOND READING BY THE CITY '
COUNCIL OF THE CITY OF NEDERLAND, TEXAS this Jq day of October
2005, at which meeting a quorum was present and voting.
R. A. ug nt, or
City ofNederla , Texas
ATTEST
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY
Richard D. Hughes, Cit� Attorney
City of Nederland, Texas
1
1
CITY OF NEDERLAND
RESOLUTION 2005 -16
A RESOLUTION OF THE CITY OF NEDERLAND
RATIFYING THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS, the present and prospective right to gainful employment and general
welfare of the people of Nederland require as a public purpose the promotion and development
ofnew and expanded business enterprises; and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments, welfare,
and prosperity of its citizens; and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one -half cent sales tax for economic development are in the public
interest and serve a public purpose in promoting the welfare of the citizens of the City
economically by the securing and retaining of business enterprises and the resulting maintenance
of a higher level of employment, economic activity, and stability; and
WHEREAS, the citizens of the City of Nederland provided for the creation bf the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described; and
WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law, its charter, bylaws and by board approval, to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS:
THAT the action of the Board of Directors of the Nederland Economic Development
Corporation (`Board") relating to the offering of an incentive to A & J Ladies, L.L.C. dba Bath
Junkie -Mid County, in accordance with the terms and conditions as proscribed by the Board, is
hereby ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 10TH day of October .2005 at
which meeting a quorum was present and voting.
I.A. uge ayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Jerk
' City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hugbes, rty Attorney
City of Nederland, Texas
219
2')©
Resolution No. 2005 -16
Page 2
PASSED AND APPROVED ON THE SECOND READING BY THE CITY ,
COUNCIL OF THE CITY OF NEDERLAND, TEXAS this �jq day of October
2005, at which meethig a quonun was present and voting.
A.A. ugent, yor
City ofNederl d, Texas
ATTEST:
/) )
�.. � Cn i
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY
Richard D. Hughes; Cito Attorney
City of Nederland, Texas
1
1
tiff
SPECIAL MEETING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NEDERLAND
5:00 p.m. November 3, 2005
MEETING
The special meeting was called to order at 5:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached
for quorum.
2. PUBLIC HEARING
The special meeting was recessed and a Joint Public Hearing with the Planning and
Zoning Commission was called to order at 5:02 p.m. by Mayor Nugent for the purpose of
considering the issuance of Specific Use Permits for the properties located at 218
Nederland Avenue and 2708 Nederland Avenue.
Andre Wimer, City Manager, stated that the Planning and Zoning Commission met on
October 17, 2005 and recommended to the City Council that a Specific Use Permit be
issued to Dale Umphrey, Precision Autobody, for 218 Nederland Avenue, described as
Lots 17 and 18, Block 10, of the Staffen Subdivision. Planning and Zoning Commission
chairman C. J. Schexnaider confirmed that the Commission had voted unanimously to
issue the permit.
A question arose from the audience as to whether vehicles would be painted at this
facility and subject expressed his concern regarding paint fumes, etc. Mr. Umphrey,
owner, stated that vehicles would be painted at the facility, but the facility would be
equipped to handle the fumes so as not to create a problem. He added that the
business would only be located at this address temporarily until his current facility is
repaired due to storm damage. Addressing another concern from the audience
regarding business hours, Mr. Umphrey stated that normal business hours would be
8:00 a.m. -5:00 p.m. and would address any problems regarding this issue should they
occur.
Andre Wimer, City Manager, stated that the Planning and Zoning Commission met on
October 17, 2005 and recommended to the City Council that a Specific Use Permit be
issued to Kevin Benton, Affordable Transmission, for 2708 Nederland Avenue, described
as Block A, of the Youmans 2 Subdivision. Planning and Zoning Commission chairman
C. J. Schexnaider stated that the Commission had voted unanimously to issue the
permit.
Mr. Benton stated that the business would be an auto repair shop and that it would be
moved to this location permanently.
There being no further business, the Joint Public Hearing was adjourned and the Special
Meeting reconvened at 5:08 p.m.
3. SPECIFIC USE PERMIT
Mr. Wimer asked how long Mr. Umphrey intended to occupy this location and he
responded that it would probably be one year. Mr. Wimer mentioned that the City
Council may want to review this permit in one year. Councilmember Griffin commented
Minutes, cont'd.
November 3, 2005
that she did not think that there was a time limitation in the guidelines for the issuance of
Specific Use Permits.
A motion was made by Councilmember Rogers and seconded by Councilmember Griffin
to approve the Specific Use Permit for Dale Umphrey, Precision Autobody, for 218
Nederland Avenue. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None.
Absent: Councilmember Neal.
A motion was made by Councilmember Sheffield and seconded by Councilmember
Griffin to approve the Specific Use Permit for Kevin Benton, Affordable Transmission, for
2708 Nederland Avenue. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None.
Absent: Councilmember Neal.
BIDS /PURCHASES
Mr. Wimer stated that, as a result of Hurricane Rita, the radio communications tower at
City Hall was damaged. He added that the 120' tower houses the communication
capabilities for the Police Department, Fire Department, and Public Works, as well as
the dispatch communications for Nederland, Port Neches, and Groves and, if the
primary system goes down, communications would be lost for all three cities. Mr. Wimer '
also stated that the City had received a quote in the amount of $48,907.00 for
replacement of the tower and the cost is subject to complete reimbursement by FEMA.
A motion was made by Councilmember Rogers and seconded by Councilmember
Sheffield to recommend replacement of the radio communications tower in the amount
of $48,907.00, and declaring an emergency. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None.
Absent: Councilmember Neal.
ADJOURN
There being no further business a motion was made by Mayor Nugent and seconded by
Councilmember Sheffield to adjourn the meeting at 5:30 p.m. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers.
Noes: None.
Absent: Councilmember Neal.
ATTEST:
t�e'&-
Lois Coco, Acting City Clerk
City of Nederland, Texas
O
R. A. Nugent; ayor
City of Neder and, Texas
D
' CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
I
[J
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Tim Sheffield
Council Member — Ward 1
,J
Billy Neal
Council Member — Ward II .
Debby Griffin
Council Member —Ward III
,J
Bert Rogers
Council Member— Ward IV
Andr6 Wimer
City Manager
LaDonna Floyd
City Clerk';
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
,J
Darrell Bush
Police Chief
Gary Collins
Fire Chief
,f
Cheryl Dowden
Director of Finance
Steve Hamilton
Director of Public Works
,J
Rod Hatch
Building Official
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
,J
C. J. Schexnaider
Planning & Zoning Commission
Robert Sawyer
Planning & Zoning Commission
Homer Nagel
Planning & Zoning Commission
Mark Griffin
Planning & Zoning Commission
Jack Porter
Planning & Zoning Commission
,J
223
224
Attendance Sheet, cont'd.
November 3, 2005
R. A. Nugent, yor
Lois Coco, Acting City Clerk
Date
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
1. MEETING
November 14, 2005
_ t►
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. MINUTES
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve the minutes of the regular meeting of October 24,
2005, and the special meeting of November 3, 2005. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. PROCLAMATION
Mayor Nugent presented a proclamation declaring November 14, 2005 as
"NHS Varsity Volleyball Day" in Nederland to their head coach, Toni Leach.
Coach Leach thanked the City of Nederland for their support and the honor of
having a day named for the team. She then introduced all the members of
the team.
A motion was made by Mayor Nugent and seconded by Councilmember
Sheffield to approve a proclamation declaring November 14, 2005 as "NHS
Varsity Volleyball Day" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nugent, Council members Sheffield, Neal, Griffin, and Rogers.
Noes: None.
4. PRESENTATION
Mike Bransford, U. S. Army Corps of Engineers, gave an update on the debris
removal process. He reported that there was a lull in between the time they
took over the debris removal operation from FEMA due to locating debris
disposal a sites and certifying contractors to perform the work. He added
that they will be operating seven days a week and will concentrate on woody
' debris in the beginning then add construction and demolition materials, and
finally pick up trunks on the final pass through the City. Weather permitting
the process should speed up. Jefferson County is divided into zones and
Nederland is included in three of the zones. Mr. Bransford announced that
the number of trucks per zone will increase.
226
Minutes continued, November 14, 2005
Mayor Nugent asked if they could attend the next Council meeting with an
update. Mr. Bransford agreed to the request. I
S. REQUESTS
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to approve the following requests for an exception to
the City of Nederland water billing policy due to circumstances associated
with Hurricane Rita by allowing a six month average for water and sewer:
Louise Grossman, 315 - 4th Street, revised billing amount from $171.17 to
$32.12; John Wise, 203 - 15th Street, revised billing amount from $155.72 to
$42.42; Michael W. Johnson, 316 - 15th Street, revised billing amount from
$256.70 to $81.60; Melody Gilbert, 2704 Avenue M, revised billing amount
from $186.62 to $57.87; Jeffrey Campbell, 720 - 15th Street, revised billing
amount from $242.00 to $69.90; and, A. O. Zarate, 3503 Avenue D, revised
billing amount from $150.57 to $37.27. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Andre' Wimer, City Manager, stated that Gregory and Patricia Martin, 704
Chicago Avenue, are requesting that the City abandon 96'8" of the right -of-
way at the dead end of 7th Street, however, in accordance with State statutes
the requesting party must have a survey and appraisal done and all abutting '
property owners must be in agreement. At this time Mr. Wimer is requesting
that Council advise if they would be agreeable to abandon the property in
question before Mr. and Mrs. Martin proceed with the requirements of the
statutes.
A motion was made by Councilmember Griffin and seconded by
Councilmember Rogers to authorizes Gregory and Patricia Martin, 704
Chicago Avenue, to proceed with obtaining the survey and appraisal of the
96'8" right -of -way at the dead end of 7th Street in order to request that it be
abandoned by the City. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Mr. Steve Hogg, 1419 Avenue E, addressed the Council relative to the
condition of the property at 1423 Avenue E. He stated that this problem has
been ongoing for over a year. The house is vacant and in disrepair. The
owners have informed him that they are working on the house in order to
move in to it, but there are not much signs of progress. There are nine cats
living in the house, high weeds, debris, and a swimming pool with no fence
around it. Mr. Hogg asked if there is anything the City can do to address the
issue of animals living in a vacant house.
Andre' Wimer, City Manager, stated that the City has initiated a clean -up ,
notice and if the property owners do not comply the City will do the work and
bill them for the cost. If they do not pay then a lien will be placed on the
property.
Minutes continued, November 14, 2005
Mayor Nugent stated that City staff will research the issue regarding animals
living in vacant houses, as well as, other steps that can be taken to get the
property cleaned up.
6. EXECUTIVE SESSION
The regular meeting was recessed at 4 :00 p.m. by Mayor Nugent for the
purpose of conducting an Executive Session in accordance with 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.; appeal of
Texas Gas Service Company from ratesetting actions of the Cities of
Nederland, Port Neches, and Groves; appeal of CenterPoint Energy Entex
from ratesetting actions of the City of Nederland; and, consultation with City
Attorney.
7. RECONVENE
The regular meeting was reconvened at 4:23 p.m. by Mayor Nugent.
A motion was made by Councilmember Rogers and seconded by Mayor
Nugent to further appeal the decision of the the District Court, contingent
upon the Cities of Port Neches and Groves joining in the appeal, in the Texas
Gas Service Company ratesetting case. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
8. REOUESTS (continued)
Shirley LeDoux, 1207 South 14`h Street, addressed the Council relative to the
possible enactment of an ordinance governing registered sex offenders. Mrs.
LeDoux stated that she has researched other ordinances and found that
some ciites are placing restrictions that would not allow a registered sex
offender from living within 1,000 feet of places where children "gather." She
added that she began this research after a registered sex offender moved
across the street from her residence. She is fearful of letting her
grandchildren play in her yard.
Councilmember Sheffield suggested that the City place a link to the
registered sex offender database on our website.
The Council was supportive of further investigation regarding what types of
ordinances can legally be adopted.
228
Minutes continued, November 14, 2005
A motion was made by Councilmember Griffin and seconded by
Councilmember Rogers to direct the City Attorney to further review the '
feasibility of such an ordinance and to potentially draft an ordinance
regulating registered sex offenders. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
9. PERMITS
A motion was made by Councilmember Griffin and seconded by Mayor Pro
Tern Neal to authorize a permit for StatCare EMS to operate within the City of
Nederland. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
10. RESOLUTIONS
A motion was made by Mayor Nugent and seconded by Councilmember
Rogers to approve Resolution No. 2005 -19, casting all votes for Charles
Lankford to the Jefferson County Appraisal District Board of Directors.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. I
Noes: None.
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve Resolution No. 2005 -20, approving the 2005 tax roll as
certified by the Jefferson County Tax Office. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None,
11. WAIVERS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Rogers to authorize the waiver of penalty and interest on Tax Account No.
862181 - 004000 and Tax Account No. 862181- 004100. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
12. BIDS /PROPOSALS
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to authorize the advertisement of bids for roof and '
structural repairs to City of Nederland buildings as a result of Hurricane Rita.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Minutes continued, November 14, 2005
A motion was made by Mayor Nugent and seconded by Councilmember
Rogers to authorize the advertisement of bids for interior repairs to City of
Nederland buildings as a result of Hurricane Rita: MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
13. HURRICANE RITA DEBRIS REMOVAL ASSISTANCE
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to authorize that the City of Nederland request that Direct Federal
Assistance for Hurricane Rita debris removal be assigned to the U. S. Army
Corps of Engineers. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
14. PAYMENTS
A motion was made by Mayor Nugent and seconded by Councilmember
Sheffield to approve a payment to Schaumburg & Polk, Inc. in the amount of
$120.00, Beauxart Garden Road improvements. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by Mayor Pro
Tern Neal to approve payment of the bills for the month of October.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
15. OFFICIALS' COMMENTS
None.
16. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Rogers to adjourn the meeting at 5:04 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
ATTEST: R. A. Mugey, Mayor
44�"- "�J' _s...R�
La Donna Floyd, City Clerk
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
Tim Sheffield
Council Member —Ward I
Billy Neal
Debby Griffin
Council Member — Ward II
Council Member —Ward III
✓
Bert Rogers
Council Member —Ward IV
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
V
Gary Collins
Cheryl Dowden
Fire Chief
Director of Finance
it
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
l✓
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
L Z
L
R. A. Nugent, M orb� II>>
LaDonna Floyd, City Clerk
Date
1
CITY OF NEDERLAND
RESOLUTION NO. 2005 -20
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND APPROVING THE
2005 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 2005 tax roll.
PASSED AND APPROVED this the day of 7%i.- ="L"-'4 2005.
R. A. Nugent, ayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, Cio Attorney
Him
mm City of Nederland, Texas
min
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CITY OF NEDERLAND
RESOLUTION 2005 -19
WHEREAS, Senate Bill No. 621, Acts of the 66`" Texas Legislature, Chapter 841, 1979,
provides for establishing an Appraisal District which would concern the City of Nederland; and
WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of
Directors to be chosen by the taxing units within the district by a voting method set out in the
Act; and
WHEREAS, the Act provides for nomination of candidates for the Board by the taxing
units within the Appraisal District; and
WHEREAS, the City of Nederland is desirous of having representation on the Board of
Directors of the Appraisal District; and
WHEREAS, the Act entitles each taxing unit to vote and determine its votes by
resolution submitted to the Jefferson County Appraisal District before December 15, 2005.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland,
in compliance with Senate Bill No. 621, hereby casts its entire vote as follows:
Miriam Johnson
Eugene Landry
Charles Lankford 58
Fred Mitchell
C. L. Sherman
SO RESOLVED, this the I q day of 1� 0(°^)t 2005.
R' A * Nuge ayor
City of Nec64and, Texas
ATTEST:
i�C��i�cr•ti�� Q,,���
LaDonna Floyd, City Clerk T
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. ughes, Citq Attorney
City of Nederland, Texas
234
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. November 28, 2005 '
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Rogers and seconded by Councilmember
Griffin to approve the minutes of the November 14, 2005 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. HURRICANE RITA
Mike Bransford, U. S. Army Corps of Engineers, gave an update on the Hurricane
Rita debris removal process. He stated that they are continuing the daily removal of
construction and debris, adding that to date 26,000 c.y. has been removed. Mr.
Bransford said that they believe that the majority of debris has been placed in front ,
of homes, therefore, they can begin to make a more direct clean. The Corps will
close the project out by doing one final street -by- street assessment. He added that
they remain hopeful of more trucks being added to Nederland.
4. REQUESTS
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Sheffield to approve the following for an exception to the City of Nederland water
billing policy due to circumstances associated with Hurricane Rita by allowing a six
month average for water and sewer: JoAnn Franks, 2319 Avenue A, revised billing
amount from $155.72 to $37.27. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
S. INVESTMENT REPORTS
A motion was made by Councilmember Sheffield and seconded by Councilmember
Rogers to accept the Quarterly Investment Report as presented by Cheryl Dowden,
Director of Finance (see attached). MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to I
accept the Annual Investment Report as presented by Cheryl Dowden, Director of
Finance (see attached). MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Minutes continued, November 28, 2005
231
6. POLICIES /PROCEDURES
' A motion was made by Councilmember Rogers and seconded by Mayor Nugent to
continue the existing Investment Policy. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
7. BIDS /PURCHASES
A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern
Neal to approve an amendment to the cost of the communications tower to be
installed by Galveston Wireless in the amount of +$8,250.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and, Rogers.
Noes: None.
S. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Rogers and seconded by Mayor Nugent to
approve a contract with Neches Engineers for engineering services associated with
Hurricane Rita building repairs to City facilities. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffih,'and Rogers.
Noes: None. l
I ..
A motion was made by Councilmember Sheffield and secoihd @d ,by Councilmember
Rogers to approve a contract with LaBiche Architecturdl :Grobp for architectural
services associated with Hurricane Rita building repairs to City facilities contingent
upon the word `defend ", or other acceptable wording as approved by Richard
Hughes, City Attorney, being added to the indemnification clause, approval of the
overall contract by Mr. Hughes, and if there is a change in the contract amount it
shall be resubmitted to the City Council for approval. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Nugent and seconded 'by Mayor Pro Tern Neal to
approve a Collective Bargaining Agreement with the Nederland Police Officers'
Association contingent upon final approval by the Association. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern
Neal to approve a Collective Bargaining Contract with the International Association of
Firefighters Local 3339 contingent upon final approval by the Association. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
9. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
�0�
Minutes continued, November 28, 2005
10. OFFICIALS' COMMENTS '
Andre' Wimer, City Manager, reported that the City received a new rate increase
request from Texas Gas Service. He added that the area City Managers will be
meeting with representatives of Texas Gas Service to get a better understanding of
the request. Mr. Wimer added that he feels the City will ultimately approve an
ordinance to delay the rate request for an additional 90 days.
11. ADJOURN
There being no further business a motion was made by Mayor Nugent and seconded
by Councilmember Griffin to adjourn the meeting at 7:34 p.m. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
R. A. Nu ent, ayor
City of Neder nd, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
1
1
1
CI -Y OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
'.!
Tim Sheffield
Council Member— Ward I
Billy Neal
Council Member —Ward II
Debby Griffin
Council Member — Ward III
✓
Bert Rogers
Council Member— Ward IV
v�
Andre Wimer
City Manager
,/
LaDonna Floyd
City Clerk
✓
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
v�
Gary Collins
Fire Chief
tz
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
s✓
R. A. Nugent, mqor
' LaDonna Floyd, City Clerk
Date
238
Investment Report
For the Quarter Ending September 30, 2005
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
_ 1
Andre' Wimer, City Manager
Cheryl Bowden, Director- of Finance
"Program"t,ed fc)r YrofTre;,ss "'
1
R.A. "Dick" Nugent, Mayor
Biliy Neal, Mayor Pro Tom
Tim Shattield, Councilmember
City
of Nederland
D26byGVVin.Councilmembor'
Bert Rogers, CouncBmember
Aildre N'imer, City Manager
P.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -1550
Investment Report
For the Quarter Ending September 30, 2005
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
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Andre' Wimer, City Manager
Cheryl Bowden, Director- of Finance
"Program"t,ed fc)r YrofTre;,ss "'
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City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending September 30, 2005
Investments at Beginning of Period (7 -1 -05)
Purchases
Maturities
Investments at End of Period (9- 30 -05)
Maturity Summary at June 30, 2005
$4,985,305.29
43,206.16
0.00
$5,028,511.45
® Less than 3 months
0 9 to 12 months
239
240
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending September 30, 2005
Fund Allocation at September 30, 2005
(tz.ui ) venei
(1.6%) Other
(3.2 %) SRF Escrow Fund
(1.4%) Bond Redemption Fund
(21.8%) Water & Sewer Fund
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Balance
Balance
7/1/2005
Purchases Maturities
9/30/2005
General Fund
$3,587,488.98
$31,154.39
$3,618,643.37
Library Fund
29,148.28
166.30
29,314.58
Water & Sewer Fund
1,087,874.04
9,447.29
1,097,321.33
Motel Occupancy Tax Fund
10,494.62
91.14
10,585.76
Solid Waste Fund
705.28
6.10
711.38
Capital Outlay Fund
381.24
3.32
384.56
Police Narcotics Fund
40,577.82
352.37
40,930.19
SRF Construction Funds
159,994.95
1,389.45
161,384.40
MCML Dispatch
643.04
5.58
648.62
Parks & Recreation Fund
21.24
0.13
21.37
Equipment Replacement Fund
49.33
0.21
49.54
Bond Redemption Fund
67,926.47
589.88
68,516.35
$4,985,305.29
$43,206.16 $0.00
$5,028,511.45
Fund Allocation at September 30, 2005
(tz.ui ) venei
(1.6%) Other
(3.2 %) SRF Escrow Fund
(1.4%) Bond Redemption Fund
(21.8%) Water & Sewer Fund
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Investment Report Schedule
' Investments for the Quarter ended September 30, 2005
CERTIFICATES OF DEPOSIT
Interest
Earned for
Quarter ended
Certificate Purchase Maturity Days to Interest September 30,
Number Date Date be held Rate Face Amount 2005
Held at September 30, 2005
Library Special Fund 2307637 01/05/05 01/04/06 365 1.88% 10,000.00 57.64
Total Interest Earned on CDs for the quarter ended September 30, 2005 $57.64
Total Certificates of Deposit held at September 30, 2005 S 10,000.00
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X42
Investment Report Schedule
Investments for the Quarter ended September 30, 2005
INVESTMENT POOL - TEXPOOL
Totals for TEXPOOL Investments $4,975,305.29 $43,206.16 $5,018,511.45
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Average
Days to
Interest
Market
Interest
Period Held
Maturity
Rate
Principal
Earned
Book Value
General Fund
07/01/05
09/30/05
1
3.44%
$3,587,488.98
$31,154.39
$3,618,643.37
Water & Sewer
07/01/05
09/30/05
1
3.44%
1,087,874.04
9,447.29
1,097,321.33
Bond Redemp.
07/01/05
09130105
1
3.44%
67,926.47
589.88
68,516.35
Capital Outlay Fund
07/01/05
09/30/05
1
3.44%
381.24
3.32
384.56
Motel Occupancy
07/01/05
09/30/05
1
3.44%
10,494.62
91.14
10,585.76
Library Special
07/01/05
09/30/05
1
3.44%
19,148.28
166.30
19,314.58
Solid Waste Fund
07/01/05
09/30/05
1
3.44%
705.28
6.10
711.38
SRF Construction Fund
07/01/05
09/30/05
1
3.44%
159,994.95
1,389.45
161,384.40
MCML Dispatch
07/01/05
09/30/05
1
3.44%
643.04
5.58
648.62
Police Narcotic Fund
07/01/05
09/30/05
1
3.44%
40,577.82
352.37
40,930.19
Parks & Recreation Fund
07/01/05
09/30/05
1
3.44%
21.24
0.13
21.37
Equipment Replacement Funds
07/01/05
09/30/05
1
3.44%
49.33
0.21
49.54
Totals for TEXPOOL Investments $4,975,305.29 $43,206.16 $5,018,511.45
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Investment Report Schedule
Investments for the Quarter ended September 30, 2005
INTEREST EARNED ON DEMAND DEPOSITS
Average
Interest Earned
Days to
Interest
Quarter ended
Period
Held
Maturity
Rate
September 30, 2005
Bond Redemp.Fund
07/01/05
09/30/05
1
2.89%
283.41
Court Technology Fund
07/01/05
09/30/05
1
2.89%
2.70
Drainage Construction Fund
07/01/05
09/30/05
1
2.89%
2,557.85
Equipment Replacement Funds
07/01/05
09/30/05
1
2.89%,
'! 1,733.56
General Fund
07/01/05
09/30/05
1
2.89%
16,901.41
Library Special Fund
07/01/05
09/30/05
1
2.89 %.
- 94.37
Motel Occupancy Fund
07/01/05.
09/30/05
1
2.89 %
45.64
Parks & Rec. Fund
07/01/05 -
09/30/05
1
2.89%
47.25
Police Narcotic Fund
07/01/05
09/30/05
1
2:89 %n:!
-' ` 343.07
Solid Waste Fund
07/01/05
09/30/05:
1
2.89%;
-' 2,924.02
SRF Construction & Escrow Funds
07/01/05
09/30/05•
" c1
2.89 %!'
- 548.96
SSES Fund
07/01/05
09/30/05''•-,-
^I >.:
2.89%
- ` 1,622.06
W & S Certificate Fund
07/01/05
09/30/05
1
2.89%
366.90
Water & Sewer Fund
07/01/05
09130/05
-' 1 • -
" 2.89%
1,548.46
Water Meter Project Fund
07/01/05
09/30/05
1
2.89%
5,360.46
Wastewater Construction Fund
07/01/05
09/30/05
1
2.89%
2,126.08
$36,506.20
243
244
Investment Report Schedule
September 30, 2005
Interest Earnings for Quarter Ended September 30, 2005
Bond Redemption Fund
$873.29
Capital Outlay Fund
3.32
Court Technology Fund
2.70
Drainage Construction Fund
2,557.85
Equipment Replacement Funds
1,733.77
General Fund
48,055.80
Library Special Fund
318.31
MCML Dispatch
5.58
Motel Occupancy Tax Fund
136.78
Parks & Recreation Special Fund
47.38
Police Narcotic Account
695.44
Solid Waste Fund
2,930.12
SRF Escrow & Construction Funds
1,938.41
SSES Fund
1,622.06
W & S Certificate Fund
366.90
Water Meter Project Fund
5,360.46
Wastewater Construction Fund
2,126.08
Water & Sewer Fund
10,995.75
$79,770.00
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Memorandum
To: Mayor and City Councilmembeis
From: Cheryl Dowden, Director of Finance
Date: November 28, 2005
Re: Investment Report for Year Ended September 30, 2005
Attached are investment schedules with interest eamings by investment for the period October
1, 2004 through September 30, 2005. Investments include Certificates of Deposit and pooled
cash investments in Texpool. Total interest earnings of $247,537.48 was derived from
demand deposits in the amount of $115,515.45, Texpool, in the amount of $131,748.51, and
Certificates of Deposit in the amount of $273.52. Interest earnings are considerably higher as
compared to the previous fiscal year due to increasing interest rates. A comparison of prior
years interest earnings is included for your review.
Interest Rates Oct. 04 - Sept. 05
4.0000
3.5000
3.0000 --C— Texpool
AW 5 2.5000 t Demand Deposits
L 2.0000
1.5000
1.0000
Off` O� O� O� OD O) O� dD
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CITY OF NEDERLAND
INVESTMENT INTEREST EARNED
FOR FISCAL YEAR ENDED SEPTEMBER 30, 2005
Interest Earned Interest Earned Interest Earned Interest Earned
Fiscal Year Fiscal Year Fiscal Year Fiscal Year
Fund Ended 9/30/02 Ended 9/30/03 Ended 9/30/04 Ended 9/30/05
SRF Fund
Bond Redemption Fund
Capital Outlay Fund
Court Technology Fund
Drainage Construction Fund
Equipment Replacement Fund
General Fund
Hotel Occupancy Tax Fund
Library Special Fund
Mid County Dispatch
Parks & Recreation Special Fund
Police Narcotic Fund
SSES Fund
Solid Waste Fund
W & S Certificate Fund
Water Meter Project Fund
Wastewater Construction Fund
Water & Sewer Fund
$93,296.53
$30,070.91
$11,921.89
$5,924.96
5,322.53
1,647.04
1,059.79
2,574.53
16,079.99
9,258.51
4.05
10.12
23.70
64.01
13.79
21.70
22,077.80
8,872.11
9,491.39
7,905.36
808.16
799.47
1,640.00
4,830.27
81,068.64
55,837.94
55,974.15
149,315.66
214.77
150.90
141.35
347.99
1,267.47
443.86
582.47
1,232.60
114.89
(25.60)
8.30
16.95
23.04
23.21
40.17
145.91
1,134.19
885.14
802.39
2,147.45
6,682.69
6,213.05
3,972.38
5,415.30
745.64
1,216.56
2,322.59
9,034.77
915.30
360.77
262.20
1,022.99
0.00
0.00
0.00
12,393.57
0.00
6,428.80
9,818.69
10,362.66
38,150.07
16,585.44
15,925.13
34,834.69
$267,925.41
$138,832.12
$113,980.73
$247,537.48
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City of Nederland
Investment Interest Earned
For Fiscal Year Ended September 30, 2005
Earnings for
Fiscal Year
Ended
September 30,
Fund
2005
Bond Redemption Fund
TEXPOOL
1,798.75
DEMAND DEPOSITS
775.78
2,574.53
Capital Outlay Fund
TEXPOOL
10.12
Court Technology Fund
DEMAND DEPOSITS
21.70
Drainage Construction Fund
i
DEMAND DEPOSITS
7,905.36
'TEXPOOL
Equipment Replacement Funds
0.62
DEMAND DEPOSITS
4,829.65
4,830.27
General Fund
TEXPOOL
94,999.37
DEMAND DEPOSITS
54,316.29
149,315.66
Library Fund
2307082 01/05/04 01/04/05
10,000.00 1.3400% 134.53
2307637 01105105 01/04/06
10,000.00 1.8800% 138.99
TEXPOOL
507.01
DEMAND DEPOSITS
452.07
1,232.60
MCML Dispatch Account
TEXPOOL
16.95
DEMAND DEPOSITS
0.00
16.95
Motel Occupancy Tax Fund
TEXPOOL
277.91
DEMAND DEPOSITS
70.08
347.99
Parks & Recreation Special Fund
TEXPOOL
DEMAND DEPOSITS
0.25
145.66
145.91
Police Narcotic Fund
TEXPOOL
1,074.38
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City of Nederland
Investment Interest Earned
For Fiscal Year Ended September 30, 2005
W & S Certificate Fund
DEMAND DEPOSITS 1,022.99
Water & Sewer Fund
TEXPOOL 28,807.64
DEMAND DEPOSITS 6,027.05
34,834.69
Water Meter Project Fund
DEMAND DEPOSITS 12,393.57
Wastewater Construction Fund
DEMAND DEPOSITS 10,362.66
TOTAL INTEREST EARNED DURING FISCAL YEAR ENDING 9/30/05 247,537.48
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Earnings for
Fiscal Year
Ended
September 30,
Fund
2005
DEMAND DEPOSITS
1,073.07
2,147.45
Solid Waste Fund
TEXPOOL
18.71
DEMAND DEPOSITS
9,016.06
9,034.77
SRF Funds
TEXPOOL
4,236.80
DEMAND DEPOSITS
1,688.16
5,924.96
SSES Fund
DEMAND DEPOSITS
5,415.30
W & S Certificate Fund
DEMAND DEPOSITS 1,022.99
Water & Sewer Fund
TEXPOOL 28,807.64
DEMAND DEPOSITS 6,027.05
34,834.69
Water Meter Project Fund
DEMAND DEPOSITS 12,393.57
Wastewater Construction Fund
DEMAND DEPOSITS 10,362.66
TOTAL INTEREST EARNED DURING FISCAL YEAR ENDING 9/30/05 247,537.48
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REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
MEETING
December 12, 2005
The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Griffin and seconded by Mayor Pro
Tern Neal to approve the minutes of the November 28, 2005 meeting as
written. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin.
Noes: None. Absent: Councilmember Rogers.
3. REQUESTS
A motion was made by Councilmember Sheffield and seconded by Mayor
Nugent to approve the following for an exception to the City of Nederland
water billing policy due to circumstances associated with Hurricane Rita by
allowing a six month average for water and sewer: Summer Ozio, 406 - 10`h
Street, revised billing amount from $245.48 to $64.24. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin.
Noes: None. Absent: Councilmember Rogers.
4. BIDS /PURCHASES
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Griffin to authorize the award of bids for water and sewer inventory items to
Golden Triangle Pipe, Beaumont, TX, in the amount of $97,705.50. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin.
Noes: None. Absent: Councilmember Rogers.
S. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Griffin and seconded by Mayor Pro
Tem Neal to renew a lease agreement with the Mid - County Radio Control Club
for a five (5) year term. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin.
Noes: None. Absent: Councilmember Rogers.
250
Minutes continued, December 12, 2005
6. ORDINANCES
A motion was made by Councilmember Sheffield and seconded by Mayor '
Nugent to approve Ordinance No. 2005 -20, suspending the proposed rate
increase request submitted by Texas Gas Service and authorizing a review of
the filing. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin.
Noes: None. Absent: Councilmember Rogers.
A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal
to approve Ordinance No. 2005 -21, requiring CenterPoint Energy Entex to
cease and desist from charging illegal and unlawful rates and requiring
refunds. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin.
Noes: None. Absent: Councilmember Rogers.
7. PAYMENTS
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve payment of the bills for the month of November.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin.
Noes: None. Absent: Councilmember Rogers.
S. DISCUSSION I
Richard Hughes, City Attorney, reported that he has visited with a city
attorney with a different city who is also researching the possibility of
adopting an ordinance to regulate where registered sex offenders may live in
conjunction to where children gather. He stated that he is still unsure if even
a home rule city may use their power to control private property. Mr.
Hughes added that this type of ordinance is gaining popularity with cities. He
informed the Council that he will continue to research and review the
proposed ordinance and report back to them in January.
HURRICANE RITA
Mike Bransford, U. S. Army Corp of Engineers, informed the Council that his
tour of duty has been completed and he will be turning over the operation to
Bob Smiley. Mr. Smiley reported that they are averaging over 1,200 c.y. per
day of debris removal and have an average of 10 -12 crews working in
Nederland. They have set January 2nd as the deadline for residents to have
all debris to the curb for removal. After that time they will begin the street by
street final pass and hope to close the project for all of Jefferson county by
the middle of February. Mr. Smiley stated that during the week between
Christmas and New Year's Day they may have less number of crews working
in order to allow them to spend time with their families during the holidays.
Minutes continued, December 12, 2005
10. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember
Sheffield to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin.
Noes: None. Absent: Councilmember Rogers.
11. OFFICIALS' COMMENTS
None.
12. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Sheffield to adjourn the meeting at 3:35 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin.
Noes: None. Absent: Councilmember Rogers.
R. A. Nu ent, yor
' City of Nederla d, Texas
ATTEST:
f��i/lnnn.:. C�JGC1t.InI
LaDonna Floyd, City Clerk
City of Nederland, Texas
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251
252
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
R. A. Nugent
Mayor
V
Tim Sheffield
Council Member — Ward I
Billy Neal
Council Member —Ward II
Debby Griffin
Council Member— Ward III
✓
Bert Rogers
Council Member —Ward IV
✓
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
✓
Lois Coco
Acting City Clerk
Richard Hughes
City Attorney
Darrell Bush
Police Chief
Gary Collins
Fire Chief
Cheryl Dowden
Director of Finance
l✓
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
✓
A.I ugen ayor
LaDonna Floyd, City Clerk
1.2 i�, C5
Date
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CITY OF NEDERLAND
ORDINANCE NO. 2005-20
AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS
AUTHORIZING THE REVIEW INTO THE
REASONABLENESS AND PRUDENCE OF THE
PROPOSED RATES OF TEXAS GAS SERVICE'S SOUTH
JEFFERSON COUNTY SERVICE AREA ( "TGS ");
SUSPENDING THE EFFECTIVE DATE FOR THE
PROPOSED RATES OF TGS NINETY DAYS;
AUTHORIZING THE PARTICIPATION WITH OTHER
CITIES SERVED BY TGS; AUTHORIZING
PARTICIPATION IN OTHER PROCEEDINGS RELATED
TO TGS' RATE REQUEST; REQUIRING
REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; FINDING THAT THE MEETING COMPLIES I
WITH THE OPEN MEETINGS ACT; AND DECLARING
AN EFFECTIVE DATE FOR THIS ORDINANCE.
WHEREAS, on or about November 23, 2005 TGS filed a Statement of Intent with the
City Clerk in order to change rates and increase revenues; and
WHEREAS, according to TGS the new rates would go into effect on December 28, I
2005; and
WHEREAS, in order to properly review the requested rates, it will be necessary for the
City to suspend the proposed effective date for ninety days; and
WHEREAS, pursuant to Section 103.022 of the Texas Utilities Code reasonable
municipal rate case expenses are reimbursable by the gas utility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS THAT:
Section 1. The statements set out in the preamble to this ordinance are adopted herein as
if fully set forth herein.
Section 2. The proposed effective date by TGS is suspended for an additional ninety
days.
Section 3. The City is authorized to intervene or participate in any proceeding related to
the Statement of Intent filed by TGS on November 23, 2005.
Section 4. TGS shall promptly reimburse the City's rate case expenses.
Section 5. The meeting at which this ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Chapter 551.
Section 6. This ordinance shall be effective immediately upon passage.
PASSED AND APPROVED BY T CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS this —L�L day of 2005.
. 2
R. A. ugety ayor
ATTEST:
LaDonna Floyd, City Clerk
APPROVED AS TO FORM AND LEGALITY:
/— e
Richard D. Hughes, ity ttorney
253
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Ward 1.
254
ORDINANCE NO. 2005-21
AN ORDINANCE WHICH SHALL CONSTITUTE AN ORDER
BY THE CITY OF NEDERLAND, TEXAS ( "CITY ") TO
REQUIRE CENTERPOINT ENERGY ENTEX ( "ENTEX ") TO
CEASE AND DESIST FROM CHARGING ILLEGAL AND
UNLAWFUL RATES AND REQUIRING REFUNDS; TO
REQUIRE THE FILING OF A REPORT WITH REGARD TO
COSTS EXPENDED BY ENTEX IN CONNECTION WITH THE
APPEAL OF ORDINANCE NO. 2005 -12; MAKING FINDINGS
WITH REGARD TO THIS ORDER; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS IN ACCORDANCE WITH
THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on or about June 30, 2005, CenterPoint Energy Entex ( "ENTEX ") filed with
the City Clerk for the City of Nederland ( "City") a request to increase base rates; and
WHEREAS, ENTEX requested that base rates for the typical residential customer be
increased by 40.72% or approximately $6.00 per month and ENTEX requested that service
charges, like the charge to initiate service, be increased in the aggregate by 467.39 %; and
WHEREAS, ENTEX is required by law to publish notice of its proposed increase in a
newspaper of general circulation in Jefferson County, Texas; and
WHEREAS, ENTEX was ordered by the City on more than one occasion to publish
notice in a manner consistent with Texas law; and
WHEREAS, ENTEX has failed to comply with the lawful orders of the City and has
refused to publish notice in a manner that is consistent with Texas law.
WHEREAS, ENTEX may not put its proposed rate increase into effect without causing
notice, as required by Section 104.103(a)(1) of the Texas Utilities Code, to be published in a
newspaper of general circulation in Jefferson County, Texas; and
WHEREAS, ENTEX unlawfully put its proposed rate increase into effect on or about
November 3, 2005; and
WHEREAS, ENTEX should immediately stop charging any change in base rates, which
were implemented on or about November 3, 2005; and
WHEREAS, ENTEX should refund to its customers any monies received resulting from
the implementation of the change in rates that occurred on or about November 3, 2005.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
SECTION 1. FINDINGS
Finding No. 1: ENTEX is unlawfully and illegally charging base rates in
excess of its lawful rates.
1
Finding No. 2: ENTEX's rate request is not properly before the City Council '
and the City may not make a final decision on ENTEX's rate
request until ENTEX has published notice consistent with
Section 104.103(a)(1) of the Texas Utilities Code.
255
' Finding No. 3: ENTEX has on more than one occasion failed to comply with
the orders of the City to publish notice in a manner, which is
consistent with Section 104.103(a)(1) of the Texas Utilities
Code.
Finding No. 4: There is no rate case in effect and no effective date for
increasing rates until public notice consistent with Section
104.103(a)(1) of the Texas Utilities Code has been published.
Finding No. 5: While maintaining its position that the rate request was not
properly before the Council due to defects in publication, out of _
an abundance of caution, the City suspended the effective date
stated in Entex's rate request indefinitely due to, Ilse failure to,
publish notice consistent with Texas law.
Finding No. 6: This order is not based upon any particular test year but is
issued due to the charging of illegal or unlawful rates by
ENTEX.
Finding No. 7: ENTEX made a filing with the City on or about September, 21,
2005, which made some of the information provided earlier
obsolete or inaccurate.
Finding No. 8: ENTEX has refused to answer any requests for information
(discovery) with regard to its September 21, 2005 filing.
' SECTION 2. CEASE AND DESIST ORDER
ENTEX is hereby ordered to cease charging base rates that exceed the rates in
effect on November 2, 2005. This order is not a final decision on ENTEX's request to increase -
rates, which were filed with the City on June 30, 2005. This order simply prohibits, 'and orders "t '
the return of increased revenue resulting from, the increase in base rates without complying with
Section 104.103(a)(1) of the Texas Utilities Code. This order does not constitute a decision on
the merits of the June 30, 2005 filing of the Statement of Intent with the City.
SECTION 3. REFUNDS
ENTEX is hereby ordered to return the increase in revenues resulting from the
unlawful increase in base rates that began on or about November 3, 2005. Refunds may be
implemented by way of credits on the customers' bills who have been overcharged. Refunds
shall begin no later than December 26, 2005.
SECTION 4. REPORT
ENTEX shall submit the report called for by Section 5 of Resolution No. 2005-
17 to the City Manager no later than December 26, 2005.
SECTION 5. ENTEX RESPONSE REQUIRED
ENTEX is hereby ordered to advise the City in writing of its intent to comply
with this order within ten days of the effective date of this ordinance.
SECTION 6. EFFECTIVE DATE
' This ordinance shall become effective upon passage.
256
SECTION 8. PASSED AT OPEN MEETING
That the meeting at which this Ordinance was passed was conducted in strict
compliance with the Texas Open Meetings Act (Texas Government Code Chapter 551).
SECTION 6. NOTICE TO ENTEX
A copy of this Ordinance shall be faxed to Mr. Chuck Harder, Executive
Director of Rates and Regulatory, CenterPoint Energy Entex at (713) 207 -0046 within seventy -
two hours of the adoption of this Ordinance along with a copy by regular mail to Mr. Harder at
111 I Louisiana, Houston, Texas 77005.
PASSED AND APPROVED this the L day of 0 ee -e r 2005.
R. A. 14uge Maycr
City of Ne rland, Texas
ATTEST:
1
IADonna Floyd, City Clerk '
City of Nederland, Texas
APPROVED AS TO FORM:
Richard D. Haghes,'Cio Attorney
City of Nederland. Texas
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m.
MEETING
December 19, 2005
The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Griffin to approve the minutes of the December 12, 2005 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
3. HURRICANE RITA
A motion was made by Councilmember Griffin and seconded by Mayor Pro
Tern Neal to approve Ordinance, No. 2005 -22, waiving various permit fee
provisions, inspection requirements, and zoning restrictions regarding travel
trailers as related to Hurricane Rita. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
4. BIDS /PURCHASES
A motion was made by Councilmember Rogers and seconded by Mayor Pro
Tern Neal to authorize the award of bids received for metal building re-
sheeting and repairs at the Nederland Sewer Plant Complex, B. A. Ritter
Senior Center, Tex Ritter Park, Utilities Building at Doornbos Park, and
Nederland Recreation Center to Mike Barnett Construction, Port Neches, TX,
in the amount of $110,890.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded by
Councilmember Rogers to authorize the award of bids received for
composition roof repairs and re- roofing at Nederland Sewer Plant Complex,
Tex Ritter Park, Doornbos Park, Swimming Pool Complex, and Nederland
Water Plant to Mike Barnett Construction, Port Neches, TX, in the amount of
$24,980.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
LNoes: None.
X58
Minutes continued, December 19, 2005
A motion was made by Councilmember Sheffield and seconded by Mayor
Nugent to authorize the award of bids received for re- roofing and roof repairs '
to the Nederland City Hall Complex to Mike Barnett Construction, Port Neches,
TX, in the amount of $23,880.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Griffin to authorize the award of bids received for the pre- engineered awnings
for the Library, Wastewater Treatment Plant, and Fire Station to Mc -o
Construction, Port Arthur, TX, in the amount of $9,541.00. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Rogers and seconded by
Councilmember Sheffield to authorize the award of bids for the Fire Station
carport to Mc -o Construction, Port Arthur, TX, in the amount of $8,344.00.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Griffin and seconded by
Councilmember Rogers to authorize the purchase of telephone equipment for
the D. Bob Henson Office Building from Southwestern Bell in the amount of
$6,890.95. MOTION CARRIED. '
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
PAYMENTS
A motion was made by Councilmember Sheffield and seconded by Mayor Pro
Tern Neal to approve payments to LaBiche Architectural Group as follows:
$3,363.75, hurricane survey of City facilities; and, $21,769.86, design
services for renovations to the Recreation Building, Library and Fire Station.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Griffin and seconded by
Councilmember Rogers to approve a payment to Coleman & Associates in the
amount of $14,610.85, repairs to the D. Bob Henson Office Building, it is
anticipated that insurance and /or FEMA funds will cover this cost, and if not
reimbursement will be provided by the Nederland Economic Development
Corporation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
A motion was made by Councilmember Sheffield and seconded by Mayor
Nugent to approve a payments to Neches Engineering as follows: $382.04, I
hurricane survey of City facilities; and, $5,617.51, hurricane roof repairs.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
Minutes continued, December 19, 2005
6. REQUESTS
A motion was made by Mayor Nugent and seconded by Councilmember
Rogers to approve the following for an exception to the City of Nederland
water billing policy due to circumstances associated with Hurricane Rita by
allowing a six month average for water and sewer: Christopher Boone, 3115
Callaway, revised billing amount from $433.82 to $37.27. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
7. ORDINANCE
A motion was made by Councilmember Rogers and seconded by
Councilmember Griffin to approve an Amendment to Ordinance No. 2005 -21,
requiring CenterPoint Energy Entex to cease and desist from charging illegal
and unlawful rates and requiring refunds, and to allow the inclusion of
penalties and injunctive relief. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
S. EXECUTIVE SESSION
A motion was made by Mayor Nugent and seconded by Councilmember Griffin
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the Hebert Foundation has
awarded a grant to the Library in the amount of $33,100. Victoria Klehn,
Library Director, will use these funds to continue the library's collection
development program, expand the Book -on -CD and the DVD collections,
performance fees for children's programs, summer reading program and /or
exhibit loans, equipment such as dies for the letter cutting machine and
supplies associated with programming, and equipment associated with the
HALAN wireless project. Mr. Wimer added that he has received some calls
from campaign managers for the upcoming March primaries regarding the
City's sign ordinance. It states that yard signs may not be erected before 60
days prior to the date of the election. Mr. Wimer asked that the Council let
him know if they would like to strictly enforce the ordinance or perhaps
increase the time period. The City of Beaumont currently allows for a 90 -day
time frame.
Mayor Nugent stated that rumors have been circulating that the Mayor of Port
Arthur has indicated that the mid - county cities and Port Arthur should work
together to have a joint civic center. He added that he would not be in favor
of this proposal.
260
Minutes continued, December 19, 2005
10. ADJOURN '
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Rogers to adjourn the meeting at 6:43 p.m.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
Noes: None.
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
R. A. Nuge , Mayor
City of Nedtyrland, Texas
1
1
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
]PRESENT
ABSENT
R. A. Nugent
Mayor
LI-1,
Tim Sheffield
Council Member — Ward I
+✓
Billy Neal
Council Member —Ward II
✓
Debby Griffin
Council Member — Ward III
✓
Bert Rogers
Council Member —Ward IV
Andre Wimer
City Manager
✓
LaDonna Floyd
City Clerk
Lois Coco
Acting City Clerk
L�
Richard Hughes
City Attorne
✓
Darrell Bush
Police Chief
'
Gary Collins
Fire Chief
Cheryl Dowden
Director of Finance
1`
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
✓
Victoria Klehn
Librarian
✓
-Kelly Galloway
Assistant to the City Manager
✓
AANu ent , ayor
��lY`t�" rr
' LaDonna Floyd, City Clerk
/;2'- /c ?-
Date
CITY OF NEDERLAND
ORDINANCE NO. 2005-22
AN ORDINANCE TEMPORARILY WAIVING
PERMIT FEES REQUIRED UNDER NEDERLAND
BUILDING ORDINANCE 2004 -03, FUEL GAS
ORDINANCE 2005 -04, PLUMBING ORDINANCE
2005 -05, MECHANICAL ORDINANCE 2005 -06, AND
ELECTRICAL ORDINANCE 2005 -07 ON
RESIDENTIAL RECONSTRUCTION AND
DEMOLITION RELATED TO DAMAGE CAUSED
BY HURRICANE RITA; AND TEMPORARILY
WAIVING PERMITS, PERMIT FEES AND
INSPECTIONS FOR REPAIRS TO ELECTRICAL
METER CANS AND RISERS DAMAGED BY
HURRICANE RITA; AND TEMPORARILY
WAIVING THE ZONING RESTRICTIONS UNDER
ORDINANCE NO. 259 TO ALLOW TRAVEL
TRAILERS TO BE PLACED ON PRIVATE
RESIDENTIAL PROPERTY DAMAGED BY
HURRICANE RITA; ESTABLISHING A WAIVER
PERIOD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Nederland finds that Hurricane Rita
struck the Texas Coast on September 24, 2005, causing massive destruction and a
temporary housing emergency in the City of Nederland, Texas; and
1
WHEREAS, the City Council of the City of Nederland finds that the expeditious
restoration of electrical services and the restoration of residential property is crucial for
the health, safety and welfare of the citizens of Nederland, Texas; and ,
WHEREAS, the City Council of the City of Nederland finds that the placement
and occupancy of travel trailers on private properties within the City is necessary due to
certain hardships caused by the extensive damage to residential and commercial property
caused by Hurricane Rita.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS:
Section 1. That the permit fees imposed by any or all of the following ordinances are
temporarily waived for residential reconstruction and demolition:
Building Ordinance 2004 -03
Fuel Gas Ordinance 2005 -04
Plumbing Ordinance 2005 -05
Mechanical Ordinance 2005 -06
Electrical Ordinance 2005 -07
The fees waived are only for residential structures being repaired and/or demolished due
to damage caused by Hurricane Rita. Permits and inspections will be required for all
storm damage construction caused by Hurricane Rita, with the exception of fence
replacement, tree trimming and repairs to meter cans and risers. New construction due to
demolition andlor additional square footage, and all commercial reconstruction will
require permit fees. The following is an example of the permits that are required with a
temporary waiver of permit fees: (1) roof repairs; (2) structural repairs; (3) mole or water
restoration; (4) plumbing repair; (5) electrical repair; and (6) mechanical repair.
Section 2. That the requirements to permits, permit fees, and inspections imposed by I
Nederland Electrical Ordinance 2005 -07 are temporarily waived on repairs to meter cans
and risers damaged by Hurricane Rita. This waiver applies to homeowners doing work
on property they . oiyn -and occupy as their homestead and, to all State of Texas Licensed
' Electricians doing_elpctrical work on.rttsidential property in the City of Nederland.
Permits, permit fees;' and inspections on repairs, including electrical, are not waived on
commercial structures.
Section 3. That the 'restrictions imposed by Nederland Trailer Para Ordinance 259
prohibiting the placement and occupahcy of travel trailers on property outside of Trailer
Park Districts without approval on hardship. grounds by the Trailer Park Board of
Appeals are temporarily waived and suspended but only as to the following:. (1) property
owners using travel trailers for their personal housing on their residential property
damaged by Hurricane Rita; and (2) commercial, "governmental, and/or insurance related
businesses requiring additional office space or relocation due to Hurricane Rita.
Section 4. The waivers granted in this Ordinance apply to_the period from September 26,
2005, through March 31, 2006. All waivers granted herein are revoked effective April 1,
2006, unless further extended by Ordinance adopted by the City Council of the City of
Nederland.
WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and
publication of the caption of this Ordinance..
PASSED AND APPROVED this the _0 day of 2005.
ti
R. A. Nugentjmayor
ATTEST:
'�UJCc�Lha
LaDonna Floyd, City Cl��
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
.r—, c 4,
Richard D. Hughes, Cit Attorney
City of Nederland, Texas
1
2f3
2, 64
AN AMENDMENT TO
ORDINANCE NO. 2005-21
AN ORDINANCE AMENDING ORDINANCE NO. 2005 -21,
WHICH SHALL CONSTITUTE AN ORDER BY THE CITY OF
NEDERLAND, TEXAS ( "CITY") TO REQUIRE CENTERPOINT
ENERGY ENTEX ( "ENTEX ") TO CEASE AND DESIST FROM
CHARGING ILLEGAL AND UNLAWFUL RATES AND
REQUIRING REFUNDS; TO REQUIRE THE FILING OF A
REPORT WITH REGARD TO COSTS EXPENDED BY ENTEX
IN CONNECTION WITH THE APPEAL OF ORDINANCE NO.
2005 -12; MAKING FINDINGS WITH REGARD TO THIS
ORDER; PROVIDING A PENALTY; PROVIDING FOR
SEVERABILITY AND REPEAL; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS
OF THE TEXAS OPEN MEETINGS ACT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on or about June 30, 2005, CenterPoint Energy Entex ( "ENTEX ") filed with
the City Clerk for the City of Nederland ( "City ") a request to increase base rates; and
WHEREAS, ENTEX requested that base rates for the typical residential customer be
increased by 40.72% or approximately $6.00 per month and ENTEX requested that service
charges, like the charge to initiate service, be increased in the aggregate by 467.39%; and
1
WHEREAS, ENTEX is required by law to publish notice of its proposed increase in a '
newspaper of general circulation in Jefferson County, Texas; and
WHEREAS, ENTEX was ordered by the City on more than one occasion to publish
notice in a manner consistent with Texas law; and
WHEREAS, ENTEX has failed to comply with the lawful orders of the City and has
refused to publish notice in a manner that is consistent with Texas law; and
WHEREAS, ENTEX may not put its proposed rate increase into effect without causing
notice, as required by Section 104.103(a)(1) of the Texas Utilities Code, to be published in a
newspaper of general circulation in Jefferson County, Texas; and
WHEREAS, ENTEX unlawfully put its proposed rate increase into effect on or about
November 3, 2005; and
WHEREAS, ENTEX should immediately stop charging any change in base rates, which
were implemented on or about November 3, 2005; and
WHEREAS, ENTEX should refund to its customers any monies received resulting from
the implementation of the change in rates that occurred on or about November 3, 2005; and
WHEREAS, ENTEX has failed to obey Ordinance No. 2005 -21, which ordered ENTEX
to cease charging base rates that exceed the rates in effect on November 2, 2005; and
WHEREAS, the City believes it is now necessary to add penalty provisions to enforce its
cease and desist order.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
I
TEXAS THAT:
Ordinance No. 2005 -21 is hereby amended to read as follows:
1
1
SECTION 1. FINDINGS
Finding No. 1: ENTEX is unlawfully and illegally charging base rates in
excess of its lawful rates.
Finding No. 2: ENTEX's rate request is not properly before the City Council
and the City may not make a final decision on ENTEX's rate
request until ENTEX has published notice consistent with
Section 104.103(a)(1) of the Texas Utilities Code.
Finding No. 3: ENTEX has on more than one occasion failed to comply with
the orders of the City to publish notice in a manner, which is
consistent with Section 104.103(a)(1) of the .Texas Utilities
Code. -
Finding No. 4: There is no rate case in effect and no effective date for
increasing rates until public notice consistent with Section
104.103(a)(1) of the Texas Utilities Code has been published.
Finding No. 5: While maintaining its position that the rate request was not
properly before the Council due to defects in publication, out of
an abundance of caution, the City suspended the effective date
stated in Entex's rate request indefinitely due to the failure to
publish notice consistent with Texas law.
Finding No. 6: This order is not based upon any particular test year but is
issued due to the charging of illegal or unlawful rates by
ENTEX.
Finding No. 7: ENTEX made a filing with the City on or about September 21,
2005, which made some of the information provided earlier
obsolete or inaccurate.
Finding No. 8: ENTEX has refused to answer any' requests for information
_ (discovery) with regard to its September 21, 2005 filing.
SECTION 2. CEASE AND DESIST ORDER
ENTEX is hereby ordered to cease charging base rates that exceed the rates in
effect on November 2, 2005. This order is not a final decision on ENTEX's request to increase
rates, which were filed with the City on June 30, 2005. This order simply prohibits, and orders
the return of increased revenue resulting from, the increase in base rates without complying with
Section 104.103(a)(1) of the Texas Utilities Code. This order does not constitute a decision on
the merits of the June 30, 2005 filing of the Statement of Intent with the City.
SECTION 3. REFUNDS
ENTEX is hereby ordered to return the increase in revenues resulting from the
unlawful increase in base rates that began on or about November 3, 2005. Refunds may be
implemented by way of credits on the customers' bills who have been overcharged. Refunds
shall begin no later than December 26, 2005.
SECTION 4. REPORT
ENTEX shall submit the report called for by Section 5 of Resolution No. 2005-
17 to the City Manager no later than December 26, 2005.
265
266
SECTION 5. ENTEX RESPONSE REQUIRED
ENTEX is hereby ordered to advise the City in writing of its intent to comply
with this order within ten days of the effective date of this ordinance.
SECTION 6. VIOLATION AND PENALTIES
Any person and /or entity who shall violate any order or provision of this
Ordinance shall be guilty of a misdemeanor and upon conviction of such violation shall be
punished as provided in Section 1 -4 of the Code of Ordinances,. City of-Nederland, Texas;
provided, each day any violation of this Ordinance shall continue shall constitute a separate
offense. The penalties in this section shall be cumulative and not exclusive of any other rights or
remedies the City may have, including but not limited to, injunctive relief.
SECTION 7. SEVERABILITY
If any provision, section, sub - section, sentence, clause or phrase of this Order, or
the application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the reigning
portions of this Ordinance or the application thereof shall remain in effect. It being the intent of
the City Council of the City of Nederland, Texas, in adopting this Ordinance, that no portion
thereof or provision contained herein shall become inoperative or fail by any reason of
unconstitutionality or invalidity of any portion or provision.
1
SECTION 8. REPEALING CONFLICT
All ordinances and parts of ordinance in conflict with this Ordinance are hereby
'
repealed to the extent of conflict with this Ordinance.
SECTION 9. EFFECTIVE DATE
This ordinance shall become effective upon passage and publication as required
by law.
SECTION 10. PASSED AT OPEN MEETING
That the meeting at which this Ordinance was passed was conducted in strict
compliance with the Texas Open Meetings Act (Texas Government Code Chapter 551).
SECTION 11. NOTICE TO ENTEX
A copy of this Ordinance shall be faxed to Mr. Chuck Harder, Executive
Director of Rates and Regulatory, CenterPoint Energy Entex at (713) 207 -0046 within seventy -
two hours of the adoption of this Ordinance along with a copy by regular mail to Mr. Harder at
1111 Louisiana, Houston, Texas 77005.
ASSED AND� /A)�P�PROVED by the City Council of the City of Nederland, Texas, this
the , day of tY� � V���U_ _2005.
R. A. Nugen ayor '
City of Nederland, Texas
1
1
1
ATTES�T :
%
LaDonna Floyd, City Clerle
City of Nederland, Texas
APPROVED AS TO FORM:
Richard D. Hughes, City Attorney
City of Nederland, Texas
_G7
1
