June 13, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. June 13, 2022
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:
"PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN 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 Randy Sonnier, Councilmember
Ward III.
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 Sonnier and seconded by Mayor Pro Tern Root
to approve the Consent Agenda Item "a" as presented. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
a. Minutes - May 23, 2022 regular meeting
4. REGULAR AGENDA
a. Chris Duque, City Manager, reported the Lower Neches Valley Authority (LNVA) is
requesting the City to abandon two City Streets (Detroit Avenue and North 15t
Street) for a LNVA canal improvement project. Detroit Avenue between Gage and
FM 366 is approximately 400 feet long with the LNVA canal perpendicular to the
street near FM 366. North 1st Street is approximately 1,150 feet long with the
LNVA canal parallel to the street from Chicago Avenue to Nederland Avenue. Per
the LNVA's request N. 1st Street would be closed north of the Chicago Avenue
intersection. There are minimal properties that front or backout onto N. 1st. This
closure would have the greatest impact of traffic flow. The Nederland Police, Fire,
and Solid Waste department did not note any specific impacts to services if this
Minutes Continued, June 13, 2022
request if approved. No action is necessary but staff would recommend hosting a
public hearing to receive comments.
Ryan Ard with the LNVA gave a brief presentation. He stated TxDOT has reviewed
the request and there doesn't seem to be any opposition with the closure of these
streets.
b. A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Guillot to accept the quarterly Hotel Occupancy Tax Fund financial report from the
Nederland Chamber of Commerce. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
c. Bids/Purchases:
i. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern
Root to authorize the solicitation of Requests for Proposals for Bank Depository
Services. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
H. A motion was made by Councilmember Sonnier and seconded by Councilmember
Guillot to engage C.T. Bannon Corporation for engineering services related to the
Doornbos Park Pond Wall Stabilization project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot
Noes: None.
Absent: Councilmember Austin.
iii. A motion was made by Mayor Pro Tem Root and seconded by Councilmember
Sonnier to authorize the solicitation of bids for the Lighting Project at Tex Ritter
Park. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
iv. A motion was made by Councilmember Sonnier and seconded by Mayor Pro
Tern Root to authorize the solicitation of bids for the Water Main Repairs at the FM
• 365 and DD7 Crossing project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
d. A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Sonnier to amend Ordinance No. 2015-14, revising Chapter 110 - Vehicles for Hire
of the Nederland Code of Ordinances. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
e. A motion was made by Councilmember Sonnier and seconded by Councilmember
Guillot to approve Ordinance No. 2022-15, abandon a portion of an alleyway and
Minutes Continued, June 13, 2022
conveying such alleyway to the religious organization known as Apostolic
Tabernacle, Inc. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
f. Chris Duque, City Manager, said since the City Council unanimously approve
Ordinance No. 2202-06 on February 28, 2022, there has been expressed concerns
from many residents about the Ordinance. This agenda item provides an
opportunity for further discussion and consideration of amending the effective date
to 365 days from and after its passage and publication.
Dallas Higgins, 1609 N. 27th Street commented the City is responsible for branches
that hang over the road and if a tree is on the boundary of the property line the
City should be responsible for that tree. Mr. Higgins requested a meeting with the
City Attorney for clarification of the Ordinance.
Dwayne Borel, 504 N. 36th Street, commented the City always maintained the
overhanging branches on city streets.
Chris Duque, City Manager, reminded Mr. Borel that he should speak as a citizen
and not as an employee at City Council meetings. There is a chain of command to
follow as an employee.
Councilmember Sonnier said he would like to see city employees trim the trees.
Expensive equipment such as fire trucks and school buses can get damaged by
overhanging branches.
A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Guillot to amend Ordinance 2022-06, Tree Clearance Ordinance. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None. -
Absent: Councilmember Austin.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:01 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.074, Discuss Personnel Appointments: City Clerk, Director of Finance, Police
Chief, and City Attorney.
6. RECONVENE
The regular meeting was reconvened at 5:44 p.m. by Mayor Albanese.
7. APPOINTMENTS
A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root
to authorize the following appointments: Gay Ferguson, City Clerk; Cheryl Dowden,
Minutes Continued, June 13, 2022
Director of Finance; Gary Porter, Police Chief; and Jesse Branick, City Attorney.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier
to set salary for Mr. Branick at $4,875.83 a month and salary for Judge Dowden at
$2,107.33 a month beginning July 1, 2022. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
8. COMMUNICATION
City Manager's Report:
a. Hot Mix Overlay project is underway on 25th Street and work continues
on Avenue H.
b. TxDOT is making progress on road work being done on Twin City
Highway.
c. Parks Department is preparing for the 4th of July fireworks show.
9. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Mayor Pro Tem Root to adjourn the meeting at 5:50 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
\\
,01111a11/1/0i
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Don Albanese, Mayor
® ° ^c City of Nederland, Texas
'///j4'/CiF14\\
Gay Fergus n, City Clerk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor
Talmadge Austin Council Member—Ward I
Sylvia Root Council Member—Ward li ✓
Randy Sonnier Council Member—Ward III
David Guillot Council Member—Ward IV ✓
Chris Duque City Manager ✓
Gay Ferguson Uy7,00a \ City Clerk
Jesse Branick City Attorney ✓
Cheryl Dowden Director of Finance ✓
Gary Porter Police Chief
Terry Morton Fire Chief
Robert Woods Director of Public Works
George Wheeler Building Official
Molli Hall Librarian
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary ✓
Angela Fanette Parks Director ✓
Don Albanese, Mayor
Gay Ferguson, City Clerk
June 13, 2022
Date
AMENDMENT TO ORDINANCE NO. 2015-14
AN ORDINANCE OF THE CITY COUNCIL OF THE •
CITY OF NEDERLAND, TEXAS, AMENDING
ORDINANCE NO. 2015-14 THAT REVISED CHAPTER
110 (VEHICLES FOR HIRE) OF THE CITY OF
ORDINANCES, TO PROVIDE CLARIFICATION ON
THE TAXICAB DRIVER'S STANDARDS AND
APPLICATION FOR TAXI OPERATOR'S PERMIT,
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. 2015-14 that will
amend Chapter 110. Vehicles for Hire. Article II. Taxicabs. Section 110.49 and
Section 110.52. The amendments will clarify operation of taxicabs in the City.
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 110 — Vehicles for Hire, Article II. Taxicabs of the Code of
Ordinances of the City of Nederland, Texas is hereby amended by replacing
Section 110.49 (d) as follows:
Sec.110.49—Taxicab Driver's Standards
(d) Any of the following criteria shall require denial or revocation of a taxicab
driver's permit:
(1) The applicant has made any materially false or inaccurate statement on
the application for such permit;
(2) The applicant has three or more final convictions for violation of any class
C misdemeanor traffic laws or ordinances (not to include parking
violations)within a 12-month period immediately preceding the date of
application or during the term of the permit;
(3) The applicant has been convicted of:
a. Any "offense against the person" as delineated in V.T.C.A., Texas
Penal Code Tit. 5 (this provision also pertains to lesser included
offenses)within a 10-year period immediately preceding the date of
application.
b. Any "offense against the family" as delineated in V.T.C.A., Texas
Penal Code Tit. 6 (this provision also pertains to lesser included
offenses)within a 10-year period immediately preceding the date of
application.
c. Robbery within a 10-year period immediately preceding the date of
application.
d. Burglary within a 10-year period immediately preceding the date of
application.
e. Any crime involving moral turpitude within a 10-year period
immediately preceding the date of application.
f. Any other felony in which the date of conviction and/or release from
confinement or deferred adjudication is less than five years.
g. Any other misdemeanor in which the date of conviction and/or
release from confinement or deferred adjudication is less than three
years.
(4) The applicant has been convicted of any crime pertaining to the
operation of a motor vehicle, within the three years immediately
preceding the date of the application or during the term of the permit;
(5) Whether the applicant now stands charged with the commission of a
felony or misdemeanor;
(6) The applicant has had a taxicab driver's permit revoked within the two
years immediately preceding the date of application or during the term
of the permit.
Section III.
Chapter 110 — Vehicles for Hire, Article II. Taxicabs of the Code of
Ordinances of the City of Nederland, Texas is hereby amended by replacing
Section 110.52 as follows:
Sec.110-52. Application for taxi operator's permit.
Before any person shall conduct a taxicab business in the city he shall file with the
city clerk an application to the city council for a permit to conduct such business.
(a) Contents.Any person desiring to obtain the taxi operator's permit required by
this article shall file with the inspector of taxicabs an application therefor on
blanks to be furnished by the inspector,giving the following information:
(1) His name,age,and present address
(2) Proof that the driver has a valid driver's license issued by the State
(3) A statement and proof satisfactory to the taxicab inspector that there
is no proceeding pending to revoke his driver's license and that he has
never been convicted of a violation of a motor vehicle, traffic or
criminal law of the city,or the state,giving particulars of each offense
charge
(4) Two photographs
(5) A signed statement giving his consent to a local criminal records check
and driver's and owner's history check
(b) Duration of permit. A taxi operator's permit shall last one year from issuance,
which period shall not be expanded by any suspension of the permit or until
January 1 of the year following the date of issuance.
(c) Background check. A statement and proof satisfactory to the taxicab inspector
that there is no proceeding pending to revoke his driver's license and that he
has not been convicted of a felony or a misdemeanor involving moral turpitude
within ten years immediately preceding the date of such application,nor been
on probation or parole therefor within ten years immediately preceding the
date of such application.
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 V. 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 VI. Effective Date
This ordinance shall take effect on May 1, 2022.
PASSED AND APPROVED BY THE,CITY COUNCIL of the City of Nederland,
Te)cp phis the 13TH day of June, 2022.
o�C
U • c.,) Don Albanese, ayor
5' •
Gay Fern, City Clerk
APPROVED AS TO FORM.AND LEGALITY:
Je - : ..n' , City Attorney
CITY OF NEDERLAND
ORDINANCE NO. 2022-15
AN ORDINANCE ABANDONING OF ALLEYWAY IN.
THE CITY OF NEDERLAND, JEFFERSON
COUNTY, TEXAS, AND THE CONVEYANCE OF
SUCH ALLEYWAY TO A RELIGIOUS
ORGANIZATION KNOWN AS THE APOSTOLIC
TABERNACLE INC. AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Apostolic Tabernacle Church owning portions of the
property adjacent to the alleyway hereinafter described as 2007 Avenue B, Lots
1,2,3,10,11,12, Block 3 of L.R.Ingwersen's First Subdivision, and
WHEREAS,the said above named property owner has petitioned the City
Council of.the City of Nederland.to abandon said portion of the alleyway and
convey and exchange said alleyway to the abutting property owner described
above with a written request that the subject land will be revitalized by
construction of a community hall, and
WHEREAS, the City of Nederland agrees to abandon, and by complying
with section 253.010 (3) Texas Local Government Code Titled "Sale of real
property to certain non-profit or religious organizations", and section 11.20, Tax
Code hereby convey and exchange said alleyway to the abutting property owner
as shown in Exhibit"A"as attached hereto, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS.
Section 1.That the following described portion of said alleyway in the City
of Nederland, Jefferson County, Texas, be and it is hereby abandoned as a ten
(10) ft. alleyway in which shall become part of said adjacent property described
herein as Exhibit"A"from the purchase thereof as shown in Exhibit"A"
Section 2. The City of Nederland shall convey and exchange said
alleyway to the abutting,property owner, and.
Section 3.This ordinance shall be effective from and after its passage.
Section 4. That the City Manager be authorized to complete the
transaction and said Mayor.and City Clerk shall be authorized to sign and attest
the transfer of this property b y executing a Deed without warranty, sale;
termination, release and abandonment of alleyway or other instruments, as. .
needed
to the above named.
PA,,'SSED,APPROVED.AND ADOPTED at a regular meeting of the City
N
E
Council of the City of Nederland on this the day of. ) U n,- ,
2 02 .. . . . .
,� ▪•o °
0 °off
O .. /C5 Don Albanese, Mayor
F.:..�� City of Nederland,.Texas
AFFEse
priu42,imGay Fergun, City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
✓.< , v
Jesse : _ , ty Attorney
City o' =.erland, Texas
•
EXHIBIT A
•
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•
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3
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AMENDMENT TO ORDINANCE NO. 2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS, AMENDING
ORDINANCE NO. 2022-06 THAT REVISED CHAPTER
54. HEATLH AND SANITATION WITH TREE
CLEARANCE REGULATIONS ACROSS CITY STREETS, •
PROVIDING PENALTIES AND FINES,. REPEALING
ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT
BE IN CONFLICT WITH THIS ORDINANCE, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS,the City Council approved Ordinance No. 2022-06 on February 28,
2022; and
WHEREAS,the City Council desires to amend Ordinance No. 2022-06; and
WHEREAS, the City Council finds that the terms and provisions of this
ordinance are in the public interest and it is necessary to establish rules and
regulations regarding tree clearance across City streets.
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.
Ordinance No. 2022-06 is hereby amended as follows:
Section V. Effective Date
This ordinance shall take effect 365 days from and after its passage and
publication as required by law.
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 become effective from and after its passage and
publication as provide by law.
I PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,
Tecag,' isutie .1 .� day of 3 UVL-L , 2022.
•
. =_-. *. q p'' . ., : .;.-.':, Pay., titt4—#-Q1-1-7"" •
p ��. �• Don Albanese; Mayor
AGE;�f�� ��
���sin
•
Gay Fergus n, City Clerk •
APPROVED AS TO FORM.AND LEGALITY:
•
Je e B,. '' Attorney.
•
•
•
•
•
• ••
.