Loading...
September 16, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m_ September 16, 2021 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. The following statement was posted: "F.URSUANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGIJN), A PERSON LICENSED UNDER SUBCHAPTER CHAPTER 411, GOVERNMENT CODE (HANDGIJN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY_" 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to approve the Consent Agenda Items a-b as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. a. Minutes - August 30, 2021 regular meeting, July 14, 2021 special meeting, and August 18, 2021 special meeting. b. Consider action authorizing the closure of Boston Avenue between 15th Street and 17th Street on Sunday, October 3'. for the Leadership Southeast Texas fundraiser. 4_ REGULAR AGENDA a. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Neal to approve Ordinance No. 2021-14, denying the distribution cost recovery factor rate increase request for Entergy Texas, Inc. filed on August 31, 2021. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. b_ A motion was made by Councilmember Root and seconded by Councilmember Sonnier to authorize the closure of various streets for the Nederland Economic Minutes Continued, September 16, 2021 Development Corporation's Fall Concert Series on October 7th, 14th, 21st, and 28th MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. c. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to approve Resolution No. 2021-28, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the purchase of 1131 Atlanta Avenue, 1125 Atlanta Avenue, 1119 Atlanta Avenue, and 147 Twin City Highway. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Austin to approve a work authorization with Schaumburg & Polk, Inc. for engineering services related to the 2021-2022 Concrete Pavement Improvements project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. e. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to authorize the solicitation of bids for the 2021-2022 Concrete Pavement Improvements project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, and Root. Noes: Councilmember Sonnier. f. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Neal to approve Change Order No. 2 (final quantities reduces total project cost by $15,900) for the Canal Avenue Elevated Water Storage Tank and Avenue G Elevated Water Storage Tank Rehabilitation projects. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. g. A motion was made by Councilmember Sonnier and seconded by Councilmember Root, contingent on the completion of the lighting, to approve final payment and release of retainage for the Canal Avenue Elevated Storage Tank and Avenue G Elevated Water Storage Tank Rehabilitation projects. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. h. Chris Duque, City Manager, said this amendment for the amendment to Ordinance No. 78, includes the following wording and will become effective on November 1, 2021: "It shall be the responsibility of each property owner to keep ditches, culverts, and drains adjacent to their property free of tall grass, weeds, trash, or other debris to improve the function of such ditches, culverts, and drains; this includes city easements abutting the property." A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Sonnier to approve an amendment to Ordinance No. 78, ditch maintenance. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Minutes Continued, September 16, 2021 Noes: None. i. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Austin to approve an amendment to Ordinance No. 69 lowering the speed limit on Nederland Avenue between 27th Street and the Highway 69 frontage road to 30 miles per hour. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. j. Policies: i. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to amend the City of Nederland's Cell Phone Policy. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. ii. A motion was made by Mayor Pro Tem Austin and seconded by Councilmember Root to amend the City of Nederland's Friends Helping Friends Standard Operating Procedure. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. iii. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to amend the City of Nederland's Retiree Insurance Benefit Policy. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. k. Fiscal Year 2021-2022 Budget: i. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve the 2021-2022 Wage & Classification Plan. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. ii. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Neal to approve Ordinance No. 2021-15, an appropriations ordinance adopting a budget in accordance with Article VII of the Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. iii. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to set the maintenance and operations portion of the tax rate at $0.375573 per $100 assessed valuation for the fiscal year 2021-2022. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. iv. A motion was made by Mayor Pro Tem Austin and seconded by Councilmember Neal to set the interest and sinking fund portion of the tax rate at $0.141633 per assessed valuation for the fiscal year 2021-2022. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. Minutes Continued, September 16, 2021 v. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to approve Ordinance No. 2021-16, adopting the tax rate for the fiscal year beginning October 1, 2021 and ending September 30, 2022. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. Chris Duque, City Manager, thanked his staff for their work on this year's budget. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: Robert Woods gave a summary of construction projects. • Bourque and Hodgson Roads are substantially complete. • Hodgson Road Lift Station is expected to go back online next Tuesday. • Canal Avenue and Avenue G Elevated Water Storage Tank projects are complete. • S. 6th Street waterline is complete. Sod is being putting out. • LNVA canal bridge at 18th Street is complete. • Asphalt overlay is complete on Boston Avenue and contractor is now working on 23rd Street. b. Mr. Duque reported COVID numbers remain high and he encouraged the public to adhere to CDC guidelines. c. Mr. Duque and Councilmember Sonnier thanked the Public Works employees, public safety, and emergency management team for their preparations ahead of Hurricane Nicholas. d. Next City Council meeting will be held September 27th 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded \\\\�F���,kliiiiii/by,,4Councilmember Austin to adjourn the meeting at 5:24 p.m. MOTION CARRIED. NE Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. ••. :.gone. •g r �' pbaese, Mayor O nE 6 City of Nederland, Texas /ji kTeifs Uf; Ii4. eay Fergu 1•n, City Cler City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor V Talmadge Austin Council Member—Ward I Billy Neal Council Member—Ward II Randy Sonnier Council Member—Ward III Sylvia Root Council Member—Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Gary Porter Police Chief V Terry Morton Fire Chief Robert Woods Director of Public Works V George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director v Joni Underwood Executive Secretary Angela Fanette Parks Director /0e57/1 ' 13),, 4-ems Don Albanese, Mayor ay Fergu n, City Clerk September 16, 2021 Date AMENDMENT TO ORDINANCE NO. 78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AMENDING ORDINANCE NO. 78, TO PROVIDE CLARIFICATION ON MAINTENANCE OF DITCHES, REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council desires to amend Ordinance No. 78 that will amend Chapter 54. Health and Sanitation. Article III. Sanitation. Section 54.71. The amendment will clarify maintenance of ditches. WHEREAS, Section 54.76. prescribes the penalty for violation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Section I. The above recitals are hereby found to be true and correct and incorporated herein for all purposes. Section II. Chapter 54 — Health and Sanitation, Article III. Sanitation of the Code of Ordinances of the City of Nederland,Texas is hereby amended by replacing Section 54-71 as follows: Sec.54-71. Cutting grass,weeds,and brush and Ditch maintenance. It shall be unlawful and is hereby declared to be a public nuisance for any person, the owner or the agent or representative of any nonresident owner of any lot or block of land or parts thereof or any other premises,whether vacant or occupied within the municipal jurisdiction of the city,to allow grass, weeds and brush of any description to grow and flourish on the premises or upon any sidewalk abutting the premises,without having such cut,and at all times kept cut short to a height not greater than six inches from the surface of the ground. It shall be the responsibility of each property owner to keep ditches,culverts,and drains adjacent to their property free of tall grass,weeds,trash,or other debris to improve the function of such ditches, culverts, and drains; this includes city easements abutting the property and one-half of any alleyways abutting the property. Section III. Repealing Clause All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section IV. Severability Clause If any provision, section, exception, subsection, paragraph, sentence, clause, or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section V. Effective Date This ordinance shall take effect from and after its passage and publication as required by law but no earlier than November 1, 2021. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 16th day of September, 2021. \",,,'lllw,,,, .,`" NEDe",O. , ''�'fe• \ t om= �'0 IN = tCiew_a1161 on Albanese, Mayor %, OF ]dRc °',,: 0:&41A--- ay Fergu on, City Cle APPROVED AS TO FORM AND LEGALITY: Jesse if k, ity Attorney AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AMENDING ORDINANCE NO. 107 THAT PROVIDED FOR THE REGULATION OF TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ERECT THE APPROPRIATE SIGNAGE, PROVIDING PENALTIES AND FINES NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Transportation Code also grants authority to a municipality to alter speed limits to protect the health, safety, and welfare of its citizens; and WHEREAS, the City has received input from citizens expressing concerns about their safety due to the traffic and speeds; and WHEREAS, the Nederland Police Department attempted to address these concerns with more active traffic patrol and the placement of the"speed box;"and WHEREAS, Nederland Avenue between 27th Street and the Highway 69 frontage road has a number of residential street intersections and business driveways; and WHEREAS, as a result of the information obtained, road conditions, and the concerns of the citizens, the City Council has determined the speed limit of 35 miles per hour on Nederland Avenue between 27th Street and the Highway 69 frontage road is unreasonable and unsafe; and WHEREAS, the City Council has determined that is in the best interest of the health,safety, and welfare of the City and its citizens to lower the speed limit to thirty (30) miles per hour upon Nederland Avenue between 27th Street and the Highway 69 frontage road. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Section I. The above recitals are hereby found to be true and correct and incorporated herein for all purposes. Section II. The speed of all vehicles shall be thirty (30) miles per hour on Nederland Avenue from 27th Street to Highway 69. The City Manager or his or her designee is hereby directed to erect or cause to be erected appropriate signage giving notice of the speed limit established herein and such provision shall not be effective unless such signs or marking are in place at the time of an alleged offense Section III. Penalty Any person, corporation, or entity who violates this Ordinance by exceeding the applicable speed limit to a listed location shall be deemed guilty of a misdemeanor and upon conviction, shall be punishable by a fine not to exceed $200.00. Section IV. Repealing Clause All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section IV. Severability Clause If any provision, section, exception, subsection, paragraph, sentence, clause, or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section V. 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 the 16th day of September, 2021. • .27 '";f�%' .gyp cam.4 `nfy'; : y� 17( :z= on Albanese, Mayor oG .; , 0; • G y Ferguson, City Cle k APPROVED AS TO FORM AND LEGALITY: Jess: c City Attorney ORDINANCE NO.2021-16 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2021,LEVYING AND ASSESSING TAXES FOR TILE SUPPORT OF THE CITY OF NEDERLAND AND THE MUNICIPAL GOVERNMENT THEREOF; APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; AND PROVIDING FOR THE INTEREST AND SINKING FUND. WHEREAS,pursuant to the provisions of the Tax Code of the State of Texas,the tax assessment rolls to be used for the collection of taxes for the captioned year,wherein the value of all property situated within the City ofNederland,subject to ad valorem taxes for the tax year 2021,was fixed by Angela Bellard, Chief Appraiser of Jefferson Central Appraisal District, at a total value of $1,564,323,747;now,therefore, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND, WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.60 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A$100,000 HOME BY APPROXIMATELY$-37.57, 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 Angela Bellard,Chief Appraiser of Jefferson Central Appraisal District,at a total value of$1,564,323,747,shall become the tax assessment rolls of the City of Nederland for the year 2021,less all exemptions provided by either State Law or City ordinance in the amount of$169,350,206. SECTION 2:-That there is hereby levied for the current year,2021,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 30,2022 upon all property,real,personal, and mixed,within the corporate limits of said City subject to taxation,a tax of 51.7206 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),37.5573 cents on each one hundred dollars($100)valuation of property;and (b) For the Interest&Sinking Fund, 14.1633 cents on each one hundred dollars($100) valuation of property as follows: For the purpose of paying fees, interest and principal of Six hundred ninety-one 'thousand, two hundred fifty dollars ($691,250.00) on the General Obligation Refunding Bonds, Series 2013, 4.8413 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying fees, interest and principal of One hundred ninety-five thousand, five hundred twenty-five dollars ($195,525.00) on the Tax and Revenue Certificates of Obligation, Series 2013, 1.3694 cents on each one hundred dollars ($100)valuation of property. For the purpose of paying fees,interest and principal of Seven hundred eight thousand, eight hundred dollars ($708,800.00) on the Tax and Revenue Certificates of Obligation,Series 2017,4.9642 cents on each one hundred dollars($100)valuation of property. For the purpose of paying fees, interest and principal of One hundred thirty-seven thousand, two hundred four dollars ($137,204.00) on the Tax Notes, Series 2020, 0.9609 cents on each one hundred dollars($100)valuation of property. For the purpose of paying fees, interest and principal of Two hundred eighty-nine thousand,four hundred ninety-four dollars($289,494.00)on the Combination Tax and Revenue Certificates of Obligation, Series 2021, 2.0275 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 2021 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 16t''DAY OF SEPTEMBER,A.D., 2021.`uuiiiiiinu, OF NFL �-'~� �A\%��4i on Albanese, ayor -4....4 Z E. City of Nederland,Texas 2•%C,,4. i4:4- .O=mac y la7i'SJ�EFF`--\\ ''I,,'fill III 111\\& P.CU -aP/1.0)Wal Gay Fergus t,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse : ,City Attorney City . d gland,Texas CITY OF NEDERLAND ORDINANCE NO.2021-15 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022, IN ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,in accordance with Article VII, Section 7.02 of the City Charter,the City Manager prepared and presented to the City Council a city budget itemizing estimated revenues and appropriations for the ensuing fiscal year beginning October 1,2021 and ending September 30,2022. WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On August 30, 2021, after notice was published,said Public Hearing was held by the City Council on the proposed budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1 -GENERAL FUND.That there be and is hereby appropriated the sum of Fourteen million, three hundred eighteen thousand, six hundred eighty-one dollars and no cents ($14,318,681.00)to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $23,354 b. Legal $83,230 c. City Manager $526,920 d. Finance $416,077 e. Personnel $336,067 f. Civil Service $4,150 g. City Hall $58,650 h. Police $4,632,259 i. Property Maintenance $61,440 j. Emergency Management $71,600 k. Fire $2,013,391 1. Fire Volunteers $18,650 • m.:Inspections $249,940 n. Code Enforcement $106,226 o. Public Works Administration $367,057 • p. Street Department $1,200,473 q. Animal Control $144,287 r. Parks&Recreation $702,813 s. Library $658,097 t. Other Requirements $2,644,000 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of Two million, nine hundred eighty-six thousand, seven hundred eleven dollars and no cents ($2,986,711.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3-WATER&SEWER FUND.That there be and is hereby appropriated the sum of Five million, five hundred thirty-six thousand, thirty-eight dollars and no cents ($5,536,038.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment $1,524,756 b. Billing/Collections $604,653 c. Wastewater Treatment . $981,525 d. Water&Sewer Distribution $924,166 e. Other Requirements $1,5 00,93 8 Section 4 — SANITARY SEWER EVALUATION FUND (SSES). That there be and is hereby appropriated the sum of Fifty thousand dollars and no cents($50,000.00)to the SSES Fund for the payment of operating expenses and necessary capital outlay. Section 5-SOLID WASTE FUND.That there be and is hereby appropriated the sum of One million, six hundred eighty-four thousand, eight hundred seventy-eight dollars and no cents ($1,684,878.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 6-EQUIPMENT REPLACEMENT FUND-GENERAL.That there be and is hereby appropriated the sum of One hundred fifty thousand dollars and no cents($150,000.00)to the Equipment Replacement Fund-General for the payment of necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT FUND-SOLID WASTE. That there be and is hereby appropriated the sum of Three hundred seventy thousand dollars and no cents ($370,000.00) to the Equipment Replacement Fund-Solid Waste for the payment of necessary capital outlay. Section 8-POLICE NARCOTICS FUND.That there be and is hereby appropriated the sum of Thirty-five thousand, four hundred dollars and no cents ($35,400.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 9-LIBRARY SPECIAL FUND.That there be and is hereby appropriated the sum of One hundred two thousand,eight hundred dollars and no cents($102,800.00)to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 10 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of One hundred thirty thousand and no cents ($130,000.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 11 — FIRE DEPARTMENT SPECIAL FUND. That there be and is hereby appropriated the sum of Twenty-five thousand dollars and no cents($25,000.00)to the Fire Department Special Fund for the payment of operating expenses and necessary capital outlay. Section 12 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of One million seventy thousand dollars and no cents ($1,070,000.00) to the Parks&Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 13—COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of Six thousand dollars and no cents($6,000.00)to the Court Technology Fund for the payment of operating expenses and necessary capital outlay. Section 14— STREET IMPROVEMENT FUND. That there be and is hereby appropriated the sum of Two million, seven hundred seventy-six thousand, two hundred dollars and no cents($2,776,200.00)to the Street Improvement Fund for the payment of operating expenses and necessary capital outlay. Section 16-MID-COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCH FUND.That there be and is hereby appropriated the sum of One million, six hundred thirty-seven thousand,one hundred eighty-three dollars and no cents($1,637,183.00)to the Mid-County Municipal League Dispatch Fund for the payment of operating expenses and necessary capital outlay. THAT the foregoing appropriations for expenditures be adopted as the budget for the ensuing fiscal year beginning October 1,2021 and ending September 30,2022. THAT the City Council shall meet and adopt an Ordinance levying on the assessed valuation of the property within the City, subject to the provisions of the Charter and lawful exceptions given by State Law or City Ordinance, a rate of taxation on each One Hundred Dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in this annual budget less the amounts estimated to be received from fines, licenses, and other sources of revenue. THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2021, shall be construed with and classified with Miscellaneous Revenue anticipated during the fiscal year beginning October 1,2021 and ending September 30,2022,and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT this being an ordinance not requiring publication it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NE ERLAND THIS THE 16TH DAY OF SEPTEMBER 2021. 'oF NEDER ' 1: E arq de12 0:c!� ., !- • Don Albanese,Mayor 2 oc<c<C, City of Nederland,Texas Gay F' ergusor'r!Crty Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse Br.' '' Attorney City of -. d,Texas ORDINANCE NO. 2021-14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON AUGUST 31, 2021; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS WHEREAS, on or about August 31, 2021, Entergy Texas, Inc. ("Entergy")filed an Application to Amend its Distribution Cost Recovery Factor ("DCRF") with the City to increase electric rates by amending its DCRF rider pursuant to Public Utility Regulatory Act("PURA")Section 36.210;and WHEREAS,the City has exclusive original jurisdiction over the rates, operations, and services of an electric utility within its municipal limits pursuant to PURA Section 33.001(a);and WHEREAS, the jurisdictional deadline for the City to act in this rate matter is October 30,2021;and WHEREAS, Entergy's existing DCRF rider is set to collect approximately $26.3 million per year;and WHEREAS, Entergy's proposed amended Distribution Cost Recovery Factor rider would increase customer rates in the Entergy Service Area by approximately$13.9 million per year,for a total of$40.2 million per year;and WHEREAS,the City retained the Lawton Law Firm, P.C.to review the Company's rate request and make necessary rate recommendations to the City;and WHEREAS, the Lawton Law Firm has recommended that the City deny the Company's request to amend its Distribution Cost Recovery Factor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of Nederland hereby denies Entergy's request to amend its Distribution Cost Recovery Factor in total. Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this 16TH day of SEPTEMBER,2021. \\\\lllllI 111ff)1 v;l(me. Don Albanese,Mayor :ma /� City of Nederland,Texas %,, OFI JEF„ c ay Fergil9on,City Cler City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse Irani, ,City Attorney City of N- erland,Texas RESOLUTION NO. 2021-28 A RESOLUTION OF THE NEDERLAND CITY COUNCIL 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-quarter (1/4) of one percent (1%) 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 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 acquisition of 1119 Atlanta Avenue, 1125 Atlanta Avenue, 1131 Atlanta Avenue and 147 Twin City Highway in an aggregate maximum amount of not more than Four Hundred Thousand dollars($400,000.00),in accordance with the terms and conditions as prescribed by the Board,is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 30111 day of AUGUST.2021 at which meeting a quorum was present 3p;:14 /\ ; = on Albanese,Mayor City of Nederland,Texas 'Of/1111 1 1 1 1 11 111 0° G y Fergusldn,City Clerk' City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: / Jes e Bran'~City Attorney Cit of -derland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 16TH day of SEPTEMBER, 2021 at which meeting a quorum was present and voting. wwIUflji i,, . 1`�F NEpF�, 4 fir):C = Don Albanese,Mayor p:1114 TNAi: City of Nederland,Texas ,G•: �,`il� gyp\ Gay Ferguson,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse Br Ci Attorney City of -rland,Texas