September 19, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:50 P.re_ September 19, 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. 12.h Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
PU RS UANT TO SECTION 50_07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER CHAPTER GOVERNMENT CODE oHANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY_"
2. FISCAL YEAR 2022-2025 BUDGET:
a. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Root to approve the 2022-2023 Wage Sa Classification Plan. MOTION CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot_
Noes: None.
b. A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Guillot to approve Ordinance No. 2022-21, utility rates and regulations. MOTION
CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Guillot to approve Ordinance No. 2022-22, 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, Root, Sonnier, and Guillot.
Noes: None.
d. A motion was made by Councilmember Guillot and seconded by Councilmember
Sonnier to set the maintenance and operations portion of the tax rate at $0.348405
per $100 assessed valuation for the fiscal year 2022-2023. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
e. A motion was made by Councilmember Sonnier and seconded by Councilmember
Austin to set the interest and sinking fund portion of the tax rate at $0.132651 per
assessed valuation for the fiscal year 2022-2023. MOTION CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot_
Noes: None.
Minutes Continued, September 19, 2022
f. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern
Root to approve Ordinance No. 2022-23, adopting the tax rate for the fiscal year
beginning October 1, 2022 and ending September 30, 2023. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
Councilmember Austin thanked Chris and his staff for their work on the budget.
Chris Duque, City Manager, thanked his staff and City Council for their work on this
year's budget.
3. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Mayor Pro Tern Root to adjourn the meeting at 4:45 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
c s; ' - t - n Albanese, Mayor
r ' City of Nederland, Texas
r ,9
ATTEST:
14 Nat I
ay Fergu n, City Clerk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESEN ABSENT
Don Albanese Mayor
Talmadge Austin Council Member-Ward I
Sylvia Root 2..can Council Member-Ward II
V
Randy Sonnier Council Member-Ward III V
David Guillot Council Member-Ward IV
Chris Duque City Manager V
Gay Ferguson City Clerk V
Jesse Branick City Attorney
Cheryl Dowden Director of Finance V
Gary Porter Police Chief V
Terry Morton Fire Chief
Robert Woods Director of Public Works
George Wheeler Building Official V
Molli Hall Librarian
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary
Angela Fanette Parks Director
n anese, yor
ay Ferg on, City Cler
September 19, 2022
Date
ORDINANCE NO. 2022-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS ESTABLISHING WATER AND SEWER
RATES, WATER METER DEPOSITS, WATER AND SEWER
CONNECTION FEES, WATER AND SEWER MAINTENANCE
FEES, TRASH REMOVAL, AND GARBAGE RATES, AND
PROVIDING FOR THE ADDITION OF STATE MANDATED
SALES TAX TO THE GARBAGE PORTION OF THE RATE,
INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS,
AND FURTHER PROVIDING FOR INTEREST PENALTIES, RE-
CONNECTION CHARGES, TRANSFER FEES, AND RETURNED
CHECK FEES AND REPEALING ORDINANCE NO. 2021-13
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
WHEREAS, a revision should be made in the rates for utility services now
being charged by the City of Nederland, Texas, inside the city limits and outside the
city limits.
SECTION 1. Repeal of Previous Ordinances and Regulations.
1. All other ordinances and/or regulations governing City of Nederland (CITY) water
and sewer services in conflict with this ordinance are hereby repealed when this
ordinance takes effect, provided, however,the repeal of prior ordinances does not
waive, excuse, or vacate any balances due for water services provided hereunder
and the CITY may collect such balance due.
SECTION 2. Water and Sewer Systems.
1. The water system and sewer system are public utilities operated and maintained
by the CITY. The systems shall be operated in accordance with ordinances and
policies adopted by the CITY, state law, and/or Federal law. Subject to such
requirements, the City Manager may make such reasonable regulations as to
govern the water and sewer systems to ensure their continued operation.
2. For the purpose of this ordinance, the terms "water service"and "utility service"
shall be inclusive of water service, sewer service, and garbage/trash services as
provided by the CITY.
3. For the purpose of this ordinance, the term "customer" shall mean the person
responsible for payment and/or all persons acting for him/her or by his/her
direction.
SECTION 3. Application for Water Service.
1. Any person and/or business desiring to obtain water service from the CITY shall
make application on a form supplied by the CITY. The application shall include:
a. Name of the individual to be responsible for the payment of utility service
b. The social security number of the individual responsible for payment
c. The applicant's driver's license number
d. The applicant's employer
e. The address to be served
f. The address, if different from the service address, to which bills are to be sent
g. The applicant's home telephone number and work phone number
h. The signature of the individual responsible for payment
i. The.applicant's proof of identification
j. A rental agreement, if applicable
2. The person responsible for the payment of utility service shall agree that he/she
will abide by all ordinances, rules, policies, and/or regulations governing water
and sewer service provided by the CITY.
SECTION 4. Installation of Service.
1. No private service lines shall be connected or tapped to any CITY water line unless
a meter is installed by the CITY at that connection.
2. No private service lines shall be connected to any CITY sewer line unless the
connection/tap has been made and/or approved by the CITY.
3. Not more than one (1) premise may be connected to any 1 water and/or sewer
tap. Exceptions may, however, be granted to this stipulation for situations
involving a master meter to serve apartment complexes, mobile home parks, etc.
4. No person shall make or permit to be made any subsidiary connection of another's
premises with his/her water or sewer service.
5. If approved by the CITY, additional water services may be provided to residences
and/or businesses for water to be utilized for purposes such as outside watering,
swimming pools, etc. In this situation, water provided by such separate service
will not be discharged through the CITY's sewer system.
SECTION 5. Water Connection/Taps and Sewer Connection/Taps.
A. GENERAL
1. The CITY reserves the right to tap existing CITY water lines, set water meters,
and require use of CITY taps and meters and reserves the right to tap existing
CITY sewer lines.
2. Any individual or business desiring a water tap and/or a sewer tap shall make
said request to the CITY. If said request, in the CITY's opinion, is beneficial to
the CITY and/or does not endanger the existing water line (water system)
and/or the sewer line (sewer collection system), the CITY shall provide all
materials, labor, and equipment to tap the existing water line and/or existing
sewer line.
3. The CITY shall make the final determination as to the location of the water
and/or sewer tap.
4. If the street excavation is required, the following fees will be assessed in
addition to the fees listed below:
Additional Cost for Street Excavations
Excavation Length Asphalt Concrete
5'or less $ 730 $1,650
10'or less $1,000 $2,200
15'or less $1,275 $2,400
20'or less $1,525 $3,425
25'or less $1,800 $3,650
30'or less $2,075 $4,000
31'or less Cost will be calculated Cost will be calculated
B. WATER TAPS
1. The water connection fees are as follows:
Inside City Outside City
(No Street Excavation) (No Street Excavation)
3/4"Water Tap $ 500 $ 675
1"Water Tap $ 600 $ 800
1 1/2"Water Tap $1,150 $1,400
2"Water Tap $1,450 $1,750
2"Compound $2,500 $2,800
Over 2"Water Tap Cost Cost x 1.5
2. In return for payment of such fee, the CITY shall tap the existing water line
and install a water meter. The fee does not include the cost of the meter
deposit as provided in Section 6.
C. SEWER TAPS
1. The sewer connection fees are as follows:
Inside City Outside City
(No Street Excavation) (No Street Excavation)
4"up to 5'deep $200 $300
4"from 5'to 10'deep $450 $550
6"up to 5'deep $300 $400
6"from 5'to 10'deep $550 $650
8"up to 5'deep $400 $500
8"from 5'to 10'deep $650 $750
More than 10'deep Actual Cost Actual Cost
D. NEW SUBDIVISION WATER AND SEWER TAP FEES (INSTALLED BY DEVELOPER)
Tap Size Inside City Outside City
%"Water $250 N/A
1"Water $350 N/A
4"Sewer $300 N/A
SECTION 6. Water Meter and Garbage Container Deposits.
1. In order to establish water, sewer, and garbage service, an applicant for said
services shall be required to pay a deposit to the CITY in accordance with the
following schedule (excludes residential rental property in renter/tenant's name):
Inside City Outside City
3 "and Smaller Water Meter $110 $110
1"Water Meter $160 $160
1 1/2"Water Meter $210 $210
2"and Larger Water Meter $310 $310
2. Residential Rental Property Deposit: In order to establish water, sewer, and
garbage service, an applicant, who is not the property owner, for said services
shall be required to pay a deposit to the CITY in accordance with the following
schedule (excludes apartment complexes and duplexes without individual water
meters for each unit):
Inside City Outside City
3 "and Smaller Water Meter $225 $225
1"Water Meter $225 $225
3. In order to be provided with an additional garbage container, which shall be
limited to one additional garbage container per residential account(two total) and
three additional per commercial account(four total),an applicant shall be required
to pay an additional deposit of $75.00 per additional container. No deposit will
be required if the customer has paid his bill in full by the due date specified on
each individual bill for a period of twelve (12) consecutive months immediately
prior to the request for an additional garbage container.
SECTION 7. ADDlication of Deposit.
1. Upon the termination of water, at the request of the customer,the deposit or any
portion of the deposit remaining shall be returned to the customer when all
charges have been paid, as well as trash has been cleared from the property in
accordance with this ordinance and the garbage cans have been collected.
2. Current customer, who have service in their name, who continue to maintain
utility service, and who have each month paid their bill in full and by the due date
specified on each individual bill for a period of 12 consecutive months shall, at
their request, be refunded the full amount of their deposit.
3. Tenants, who rent residential property from a property owner that elected to not
have service in their name, shall be refunded the full amount of their deposit if
they continue to maintain utility service and pay their bill in full and by the due
date specified on each individual bill for a period of 48 consecutive months.
SECTION 8. Previous Service — Outstanding Balance.
Any applicant requesting water service from the CITY who currently has or previously
had CITY water service and has, at the time of application, an outstanding balance
on his/her previous water service must pay the outstanding balance in full in addition
to the meter deposit prior to receiving new service.
SECTION 9. Water Rates.
The following monthly rates shall be charged for water service:
Inside City Outside City
First 2,000 gallons(minimum)* $11.00 $15.55
Each additional 1,000 gallons**(up to 50,000 gallons) $ 3.47 $ 5.22
Each additional 1,000 gallons above 50,000 gallons $ 3.48 $ 5.23
Water Line Maintenance
per 1,000 gallons(above minimum) $ 0.36 $ 0.36
* Where water service is provided to multiple units served by one meter,the minimum rate for the first
2,000 gallons will be charged for each unit based upon ninety percent(90%)occupancy of the total
number of units.
** Except as required by provisions of outside CITY contracts.
The CITY may permit contractors engaged by the CITY for CITY construction projects
to utilize potable (bulk water) with the permission of the Public Works Director and
the City Manager. Otherwise, no bulk water sales are permitted.
SECTION 10. Sewer Rates.
The following monthly rates shall be charged for sewer service:
Inside City Outside City
First 2,000 gallons(minimum)* $11.40 $17.20
Each.additional 1,000 gallons**(up to 50,000 gallons) $ 5.62 $ 7.07
Each additional 1,000 gallons above 50,000 gallons $ 5.83 $ 7.28
Sewer Line Maintenance $ 0.36
per 1,000 gallons(above minimum) $ 0.36
* Where water service is provided to multiple units served by one meter,the minimum rate for the first
2,000 gallons will be charged for each unit based upon ninety percent(90%)occupancy of the total
number of units.
** Except as required by provisions of outside CITY contracts.
SECTION 11. Garbage Rates.
RESIDENTIAL ACCOUNTS
All residences inside the CITY limits shall be required to use the CITY garbage service
in accordance with the following schedule:
Inside City Rate(per month) $21.25+sales tax*
Additional Container** $ 8.65+sales tax*
COMMERCIAL ACCOUNTS
Business inside the CITY limits may elect to utilize the CITY garbage service in
accordance with the following schedule:
. .. ... ... ... .
Inside City Rate(per month) $21.25+sales tax*
Additional Container** $10.00+sales tax*
No more than 3 additional containers
Businesses inside the CITY limits may elect to utilize the CITY garbage service and
not receive twice a month trash service in accordance with the following schedule:
Inside City Rate(per month) $14.25+sales tax*
Additional Container** $10.00+sales tax*
No more than 3 additional containers
* Sales tax shall be in amount required by law
** Customers requesting additional containers must have sufficient space on their residential or commercial lot
to accommodate the necessary spacing. The City Manager or his designee has the authority to decide whether
a customer has sufficient space,and their decision is final.
The Public Works Director may require any residential or commercial generator who
regularly exceeds the provided garbage can load and/or weight capacity within a
collection period, or any customer who regularly generates refuse requiring special
handling to use a private commercial disposal system or to make other approved
disposal arrangements.
Garbage bags will be available at City Hall for purchase by customers. The fee for
garbage bags if$8.00 per roll of bags.
SECTION 12. Billing and Penalty.
1. All charges on utility service bills shall be due and payable to the CITY fifteen (15)
days after the date the bill is mailed to the person responsible for payment.
2. If payment is not received by the sixteenth (16th) day, a ten percent (10%)
penalty shall be assessed.
3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section
182.002 of the Texas Utilities Code, the 10% penalty shall not be applied to
persons ages 60 or older until the 25th day after the date on which the bill was
issued, provided that such person has made a request for delay, presented
reasonable proof of their age, and is a residential customer who has occupied,
and shall continue to occupy, the entire premises for which a delay is requested.
4. Should the 15th day fall upon a weekend, holiday, or any date that the City Hall
building is closed, a grace period of two (2) business days shall be granted.
SECTION 13. Delinauency— Termination of Service.
1. If full payment is not received by the CITY by the next date at which the water
meter is read, a subsequent utility bill shall be mailed for the current reading plus
the amount owed on the previous billing including the 10% penalty.
2. If full payment is not received on the date on which the subsequent utility bill is
due, all utility service shall be disconnected. A final notice via telephone call or
mail shall be sent to the customer on the Thursday following the due date
indicating that services shall be disconnected on the Wednesday immediately
following the issuance of such notice. If payment in full is not received by 5PM
on the due date, then a cut-off work order will be issued. Once the cut-off work
order is issued, a reconnection fee and any additional deposit shall be due in
addition to the previous balance.
SECTION 14. Re-connection Charges.
1. Should utility service be discontinued due to non-payment of a utility bill, all funds
due to the CITY, in addition to a re-connection fee shall be paid prior to
reinstatement of utility service. The re-connection fee shall be $30.00 if
reinstatement of utility service is requested during working hours (8:00AM to
4:30PM, Mondays through Friday). A customer will be required to keep a
minimum $210 deposit on file or a $325 deposit for residential rental property
accounts in addition to the account balance and reconnection fees before utility
service is reconnected. Any additional deposit required may be billed in two
installments.
2. Should service be discontinued, the CITY shall install a lock on the water meter.
Should the customer or any person tamper with the lock and damage it, the
following fees shall be assessed: 1st offense - $100 and 2nd and/or subsequent
offense - $250. This fee shall be paid, in addition to all other charges, prior to
reinstatement of service.
3. Should any person turn on water service, after the CITY disconnected the service
for non-payment, such action shall be considered a criminal offense.
4. Should a customer be repeatedly disconnected due to non-payment,the CITY may
require the following:
a) Payment for the delinquent bill in the form of cash, money order, and/or
cashier's check.
b) The CITY retains the option of requiring payment for utility bills by cash, money
order, and/or cashier's check for all future utility billings.
5. If payment is made with a check returned insufficient funds due to the issuance
of a disconnection notice, water will be immediately disconnected.
SECTION 15. Transfer Fee.
A transfer fee, in the amount of $15.00 shall be assessed for transferring service
within the CITY's utility service system. The final bill of the transferred account plus
$15.00 will be added to the customer's new account. The transferred account may
remain active no longer than fourteen days.
SECTION 16. Returned Check Fees.
1. Any customer who pays his/her utility bill with a check which is returned from the
financial institution due to, but not limited to, insufficient funds and/or closed
account shall be assessed a $30.00 fee.
2. The CITY may, at the request of the costumer, re-run the check. If the check is
accepted,the fee shall be waived. However, if the check continues to be returned,
the CITY shall require that the bill be paid by cash, money order, cashier's check,
or credit card.
3. The CITY retains the right to prosecute for returned checks in accordance with the
Texas Penal Code.
4. If a check is returned unpaid due to the financial institution error, the financial
institution shall submit written verification of such error. In this situation, the fee
shall be waived.
5. Should a customer have two (2) or more checks returned due to insufficient funds
and/or closed account within a period consisting of 12 consecutive months, the
CITY shall no longer accept checks from that individual for a period of 24 months.
During the 24-month period, all payments shall subsequently be made in the form
of cash, money order, cashier's check, and/or credit card.
SECTION 17. Temporary Service.
1. Should a customer request temporary service, no deposit shall be required, unless
the customer is in arrears on other accounts.
2. The duration of such temporary service shall not exceed 15 calendar days. The
customer shall be billed for actual usage.
3. Should the account become delinquent,the customer shall not be allowed to begin
any new service until all delinquent monies are paid.
SECTION 18. Failure to Receive a Bill.
1. All bills for utility service shall be rendered monthly in accordance with a schedule
established by the CITY. The City shall exercise care in the delivery of utility bills
but is NOT responsible for the service provided by the United States Postal
Service.
2. Failure to receive a bill shall not relieve the customer for payment of service
received within the prescribed period nor exempt him/her from the responsibility
imposed for delinquent accounts.
SECTION 19. Deferred Payments.
1. The City Manager and/or his/her designee shall be empowered to develop
payment schedules should a customer be unable to pay his/her bill. The City
Manager may not develop payment schedules should a customer be unable to pay
his/her bill if the outstanding balance is greater than $500.00
2. Should a customer not be able to pay his/her account by the due date, he/she
must contact the CITY prior to the due date and request that a payment schedule
be developed.
3. Should a customer not contact the CITY prior to the issuance of a disconnection
notice, he/she shall be required to pay the entire amount of the bill in order to
retain water service.
4. The customer and the CITY may develop a payment schedule which shall be
documented on a form supplied by the CITY. This form shall include, but not be
limited to,the following information: dates of future payments, amounts of future
payments, and signature of the customer. Should the customer subsequently not
comply with the payment schedule, water service shall be disconnected and shall
not be reinstated until the full amount owned on the bill is paid.
5. In no shall the CITY abdicate the right to refuse a payment schedule as presented
by the customer.
6. If a customer fails to comply with the provisions of their payment schedule, he/she
shall not be permitted to establish additional payment schedules until full payment
has been received on the initial/existing payment schedules.
SECTION 20. Adjustments.
1. The City Manager and/or his/her designee shall be empowered to make
adjustments on utility bills when an investigation reveals that the meter charges
are excessive in comparison to previous billings due to inadvertent misfortune or
inadvertent damage to a customer's pipes and plumbing. The customer must
provide an invoice or receipt as proof that the leak has been repaired before
issuance of adjustment.
2. Any adjustments made to the utility bill shall be made to the cost for sewer
service, including the base rate and maintenance fee. An adjustment will be made
based upon an average of six (6) monthly bills during the previous six-month
period.
3. In the event that the water usage during the billing period exceeds 50,000 gallons,
the cost of water service shall be adjusted by one-third (1/3) of the excess water
usage based upon an average of 6 monthly bills during the previous six-month
period. Such an adjustment, however, shall only be made for those customers
whose monthly bill averages less than 50,000 gallons based upon an average of
the preceding 12 months. The customer must provide an invoice or receipt as
proof that the leak has been repaired before issuance of any adjustment to the
cost of water.
4. In the event that water usage during the billing period exceeded 95,000 gallons
and was the result of a tree root damaging the water meter or delaying the repair
as determined by City Council action,the cost of water shall be adjusted by three
quarters (3/4) of the excess water usage based upon an average of 6 monthly
bills during the previous 6-month period; however, the adjusted bill shall not be
less than $100. Such an adjustment, however, shall only be made for those
customers whose monthly bill averages less than 50,000 gallons based upon an
average of the preceding 12 months. Any adjustment to the cost of water shall
only be made if the customer provides verification that a leak existed and submits
an invoice or receipt as proof that the leak has been repaired.
5. In no case, shall a sewer adjustment be granted if the CITY notified the customer
of a potential water leak on his/her property.
6. Sewer adjustments will be limited to one per 12-month period. Sewer
adjustments shall not exceed $2,500 unless approved by the City Council.
7. A sewer adjustment will be granted the first time a swimming pool is filled upon
construction. To be eligible for a "pool adjustment," a customer, who resides
within the city limits must have a Building Permit issued by the City of Nederland
Inspections Department. To be eligible for a"pool adjustment,"a customer who
resides outside the city limits must submit a copy of the contract with the pool
company to the Utility Billing Supervisor and have filled the pool within the last
billing cycle.
8. Any suspected billing errors should be reported to the Billing & Collections
Department when the billing error is discovered. If a billing error did occur, an
adjustment will be calculated to correct the error. However, adjustments will be
limited to the previous twelve months billing and require the City Manager's
approval.
SECTION 21. Meter Tampering.
1. It is unlawful for any person to turn on water to any premises from the CITY water
system without first obtaining approval from the CITY.
2. It is unlawful for any person to connect water service to a premise after service
has been terminated by the CITY.
3. It is unlawful to interfere with, disturb, or damage in any manner or form any
water meters, locks, cutoff valves, or other appliances of the CITY. The head of
household or property owner involved shall be held responsible for the violation
of this section.
4. Tampering fees of up to five hundred dollars ($500.00) shall be assessed where
a meter has been interfered with, disturbed, or damaged.
SECTION 22. Trash Removal Rates.
1. Trash blocking drainage — a service fee of$50.00 to $200.00 will be charged to
the owner of the property when it becomes necessary to clear a ditch of trash
and/or debris during,before,and/or after a rainstorm to prevent possible flooding.
The fee shall be based upon the amount of work performed by the CITY. The CITY
shall document the work and add the service fee on the customer's next bill; the
next month bill will be customer's notice.
2. Miscellaneous trash and/or debris, defined as green waste and/or any other bulky
items not able to be placed into the standard CITY garbage container, from empty
(undeveloped or vacant) property must be hauled off by the owner or developer
at their expense. Violations of said policy will be forwarded to the CITY' Code
Enforcement Department for compliance. The CITY shall not reconnect services
until said violation has been resolved by the Code Enforcement Officer and/or
Municipal Court.
3. The CITY will provide collection of trash to residential and commercial customers
receiving garbage service twice per month. The amount of trash removed shall
be limited to four (4) cubic yards per collection. Trash piles greater than the
prescribed 4 cubic yards must be removed by the property owner within ten (10)
calendar days or violations may be forwarded to the City's Code Enforcement
Department for compliance. If the CITY' Code Enforcement Officer tags the pile
in violation, the CITY solid waste service shall not pick up that trash. The CITY
shall not provide this service to vacant properties or those properties without an
active account. Green waste and trash will not be removed if it is co-mingled.
4. Should an owner of property or customer within the CITY request the removal of
the trash that exceeded the prescribed 4 cubic yards per collection, the CITY may
do so at a cost equivalent to the actual costs of personnel, equipment, and
disposal fees but no less than $20.00 per cubic yard per collection for quantities
greater than 4 cubic yards. Payment must be made to the CITY prior to the trash
being collected. The amount of trash to be collected shall not exceed 4 cubic
yards at any one time. Such service shall be provided at the discretion of the
CITY dependent upon such factors including, but not limited to, existing workload,
and scheduling. This provision shall not apply to the accumulation of trash due
to work performed by contractors and/or individuals/companies hired by the
property owners. The placement of the trash in quantities greater than 4 cubic
yards shall constitute the owner or customer's request for said service and
acceptance of the prescribed fees.
SECTION 23. Disaster.
In the event of a declared disaster, such as hurricane, tornado, flood, ice storm,
pandemic, etc. significantly impacting the community,the City Manager is authorized
to waive fees, penalties, etc. for up to 30 days from the date of the disaster. The
waiver of fees, penalties, etc. shall not exceed $150.00 for residential customers or
$250.00 for commercial or industrial customers for each request or incident. The
City Manager is authorized to waive disconnection of utility services for non-payment
for a period of NO MORE THAN 30 DAYS from the date of the disaster.
SECTION 24. Validation.
If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the
validity of this ordinance as a whole or any part or provision thereof other than the
part so decided to be invalid or unconstitutional.
This ordinance shall take effect October 1, 2022.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas
at a regular meeting this the 19TH day of SEPTEMBER, 2022.
NEDF '''
• '`Ali o= Ce.„-e( wit-C�S�-ZL
y
.• _ Don Albanese, Mayor
"r OF �EF ° City of Nederland, Texas
ATTEST:
-lL�v A
ay Fergu n, City Cler
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Jes • .n' k, City Attorney
Cit • ederland, Texas
CITY OF NEDERLAND
ORDINANCE NO.2022-22
AN APPROPRIATION ORDINANCE ADOPTING
A BUDGET FOR THE ENSUING FISCAL YEAR
BEGINNING OCTOBER 1, 2022, AND ENDING
SEPTEMBER 30, 2023, 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 1,2022 and ending September
30,2023.
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 22, 2022, 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 Thirteen
million, one hundred fifty-five thousand, five hundred ninety dollars and no cents
($13,155,590.00)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 $85,790
c. City Manager $548,756
d. Finance $443,095
e. Personnel $381,511
f. Civil Service $4,150
g. City Hall $65,150
h. Police $4,876,513
i. Property Maintenance $65,920
j. Emergency Management $71,950
k. Fire $2,243,615
1. Fire Volunteers $18,650
m. Inspections $266,881
n. Code Enforcement $111,939
_ G. Public Works Administration $392,423
p. Street Department $1,226,526
q. Animal Control $154,850
r. Parks&Recreation $725,925
s. Library $602,592
t. Other Requirements $846,000
Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of
Two million, nine hundred eighty-nine thousand, two hundred ninety-eight dollars and no
cents ($2,989,298.00) 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, seven hundred forty-nine thousand, nine hundred seven dollars and no cents
($5,749,907.00) to the Water & Sewer Fund for the payment of operating expenses and
necessary capital outlay for the following departments and uses:
a. Water Treatment $1,644,110
b. Billing/Collections $584,551
c. Wastewater Treatment $1,078,218
d. Water&Sewer Distribution $932,290
e. Other Requirements $1,510,738
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, seven hundred sixty-five thousand,sixty dollars and no cents($1,765,060.00)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 eighty-eight thousand dollars and no cents
($188,000.00) 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 Four hundred two thousand dollars and no cents
($402,000.00) to the Equipment Replacement Fund-Solid Waste for the payment of
necessary capital outlay.
Section 8 -EQUIPMENT REPLACEMENT FUND-WATER& SEWER. That there be and
is hereby appropriated the sum of Thirteen thousand dollars and no cents($13,000.00)to the
Equipment Replacement Fund-Water&Sewer for the payment of necessary capital outlay.
Section 9-POLICE NARCOTICS FUND.That there be and is hereby appropriated the sum
of Twenty-nine thousand,seven hundred fifty dollars and no cents($29,750.00)to the Police
Narcotics Fund for the payment of operating expenses and necessary capital outlay.
Section 10-LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum
of Ninety-one thousand, two hundred dollars and no cents ($91,200.00) to the Library
Special Fund for the payment of operating expenses and necessary capital outlay.
Section 11 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of
One hundred thirty-four thousand, five hundred dollars and no cents ($134,500.00) to the
Hotel/Motel Fund for the payment of operating expenses.
Section 12 — 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 13 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby
appropriated the sum of One hundred thirty thousand dollars and no cents ($130,000.00)to
the Parks &Recreation Special Fund for the payment of operating expenses and necessary
capital outlay.
Section 14—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 15 — STREET IMPROVEMENT FUND. That there be and is hereby appropriated
the sum of Eight hundred two thousand,five hundred dollars and no cents ($802,500.00)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,seven hundred fifteen thousand,
seven hundred thirty-three dollars and no cents($1,715,733.00)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 1,2022 and ending September 30,2023.
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, 2022, shall be construed with and classified with Miscellaneous Revenue
anticipated during the fiscal year beginning October 1,2022 and ending September 30,2023,and
such funds are hereby appropriated as a City Council Contingency Account for purposes
approved by the City Council.
THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed.
THAT the City Clerk shall file a true copy of this ordinance and said budget with the
Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local
Government Code.
THAT this being an ordinance not requiring publication it shall take effect and be in
force from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND THIS THE 19TH DAY OF SEPTEMBER 2022.
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21 ,�,r � ;o Don Albanese,Mayor
=�O C�r�i° City of Nederland,Texas
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ok:kL --ak96,14/).1 .
ay Ferguso ,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
JesOrr,City Attorney
Ci _ ederland,Texas
ORDINANCE NO.2022-23
AN ORDINANCE APPROVING THE TAX ASSESSMENT
ROLLS FOR THE YEAR 2022,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 ofNederland,subject to ad valorem taxes for the tax year 2022,was fixed by
Angela Bellard, Chief Appraiser of Jefferson Central Appraisal District, at a total value of
$1,675,517,184;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 1.46
PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND
OPERATIONS ON A$100,000 HOME BY APPROXIMATELY$-27.16,
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$1,675,517,184,shall become the tax assessment rolls of the City of
Nederland for the year 2022,less all exemptions provided by either State Law or City ordinance in
the amount of$166,051,985.
SECTION 2:-That there is hereby levied for the current year,2022,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 48.1056 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),34.8405
cents on each one hundred dollars($100)valuation of property;and
(b) For the Interest&Sinking Fund, 13.2651 cents on each one hundred dollars($100)
valuation of property as follows:
For the purpose of paying fees, interest and principal of Six hundred eighty-eight
thousand,six hundred seventy-five dollars($688,675.00)on the General Obligation
Refunding Bonds, Series 2013, 4.5145 cents on each one hundred dollars ($100)
valuation of property.
For the purpose of paying fees, interest and principal of One hundred ninety-six
thousand,twenty-five dollars($196,025.00)on the Tax and Revenue Certificates of
Obligation,Series 2013,1.2850 cents on each one hundred dollars($100)valuation of
property.
-111.1.11111w-
For the purpose of paying fees,interest and principal of Seven hundred six thousand,
four hundred dollars($706,400.00)on the Tax and Revenue Certificates of Obligation,
Series 2017,4.6307 cents on each one hundred dollars($100)valuation of property.
For the purpose of paying fees,interest and principal of One hundred forty thousand,
five hundred sixty-six dollars($140,566.00)on the Tax Notes, Series 2020, 0.9214
cents on each one hundred dollars($100)valuation of property.
For the purpose of paying fees, interest and principal of Two hundred ninety-one
thousand,eight hundred ninety-four dollars($291,894.00)on the Combination Tax and
Revenue Certificates of Obligation, Series 2021, 1.9135 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 2022 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 19th DAY OF SEPTEMBER,A.D.,
2022. a
0� �ED4�2" Poz(_7Cet.„0.4..e..„
an Mayor '
ang U;1 City of Nederland,Texas
ay Ferguso ,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse ranick Attorney
City o N rland,Texas