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October 24, 2022 (2) REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. October 24, 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 was led by Jorg Kitchen, Veterans of Foreign Wars Post #4820: 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 Items a-c as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. a. Minutes - October 10, 2022 regular meeting b. September 2022 Departmental Reports c. Tax Assessor Collection Report - September 2022 4. REGULAR AGENDA a. Allen Nation, Executive Director of Adaptive Sports for Kids, thanked the City Council for the use of Doornbos Park Pond for their fishing derby. He also invited everyone to the Annual Awards Sports Banquet to be held October 30, 2022 at the Elegante Hotel. b. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve a proclamation declaring Paul Lemoine Day. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. Minutes Continued, October 24, 2022 c. City of Nederland Non-Profit Partnership Grant Program: i. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Austin to approve an Agreement for Funding with the Nederland Girls Softball League. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. ii. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve an Agreement for Funding with the Nederland Youth Football Association. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. iii. A motion was made by Councilmember Sonnier and seconded by Councilmember Austin to approve an Agreement for Funding with the Capland Center for Communication Disorders, Inc. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. d. The regular meeting was recessed and a Public Hearing was called to order at 4:44 by Mayor Albanese for the purpose of receiving questions and/or comments regarding the food truck regulations. Chris Duque, City Manager, said this public hearing is being held to receive comments on a proposed change to the existing food truck ordinance by Keith Bass. Mr. Bass asked to revise the requirement to the temporary permit associated with a special event. Keith Bass, 2415 Avenue E, requested the food truck ordinance be amended to allow food trucks to operate without having a special event to do so. Kenny Mings, 1147 Boston Avenue, said the ordinance should remain as is. It shouldn't be a free for all with food trucks coming in, making their money, then leaving. Joseph Taylor, 1619 N. 32nd Street, was in favor of the revision to the ordinance with certain rules and regulations in place. Remi Bryan, 3106 FM 365, was concerned with the food trucks adhering to regulations dealing with cooking, disposing of waste, and access to bathrooms. These are all requirements for brick and mortar buildings and would be hard for food trucks to comply. Al Judice, 3520 Nederland Avenue, was opposed to the revision of the food truck ordinance. He says he employees 28 people and operational costs are greater with a brick and mortar building business than those of a food truck. Restaurants are struggling since COVID-19. Joe Oates, owner of Boss Burger, said he has been on both sides and he thinks with the right rules and regulations in place both brick and mortar building restaurants and food trucks can be in business together. Minutes Continued, October 24, 2022 There being no further questions and/or comments, the Public Hearing was adjourned and the regular meeting was reconvened at 5:03 by Mayor Albanese. e. The regular meeting was recessed and a Public Hearing was called to order at 5:03 by Mayor Albanese for the purpose of receiving questions and/or comments regarding a half-court basketball court at Cropo LeBlanc Park. Chris Duque, City Manager, reported the fiscal year 2021-2022 budget included funds to install a half-court basketball court at Cropo LeBlanc Park. This project was driven by citizens who reached out to the Parks Director and the Parks Advisory Board wanting the City Parks system to offer outdoor basketball. It came to our attention there was concern among the neighbors, so a public hearing was placed on this agenda to receive comments for and/or against the project. A total of 18 signed letters were received by the City Manager's Office, prior to this public hearing, opposing the project. Daniel Jeans, 8659 Holmes Road, proposed alternative locations the basketball court might be placed instead of Cropo LeBlanc Park. Rebecca Pryor, 211 N. 9t", spoke in opposition to the basketball court. She lives next door and fears the basketball court would attract older kids to the park. She has 3 small children and feels the noise, vandalism, and possibility of drugs may impact their home life. Vernon Strickland, 412 N. 7t'' Street, stated he feels the basketball court would attract older children and bring crowds with the possibility of drugs into this small park. Raymond Pontiff, 319 N. 7th Street, said he is opposed to the basketball court being at Cropo LeBlance Park and suggest Doornbos Park be fenced in and the basketball court go back there. Chris Duque, City Manager, said this project will not more forward. Randy Sonnier, Councilmember Ward III, thanked everyone for their concerns and opinions. There being no further questions and/or comments, the Public Hearing was adjourned and the regular meeting was reconvened at 5:26 by Mayor Albanese f. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot to authorize the acceptance of the Texas Forest Service HB 2604 grant for the Nederland Fire Department. MOTION CARRIED: Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. g. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve the purchase of battery-operated extrication tools for the Nederland Fire Department. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. Minutes Continued, October 24, 2022 h. A motion was made by Councilmember Austin and seconded by Councilmember Guillot to approve Change Order No. 2 for the 2021-2022 Concrete Pavement Improvements project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. i. A motion was made by Councilmember Sonnier and seconded by Councilmember Austin to approve final payment and release of retainage for the 2021-2022 Concrete Pavement Improvements project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. j. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Root to receive the Quarterly Investment Report from the Finance Department. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. k. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve Resolution No. 2022-10, approving the 2022 tax roll as certified by the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. I. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to approve the 2023 Holiday Observances calendar. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. m. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to set a Joint Public Hearing with the Planning & Zoning Commission for the purpose of receiving comments regarding amending Appendix A - Zoning of the Nederland Code of Ordinance, amending the zoning and regulations of massage establishments for Monday November 14th at 4:30 p.m. at the Nederland City Hall. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. n. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to approve Ordinance No. 2022-28, amending Chapter 22 - Businesses, Article IV, Massage Establishment. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:42 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072 - Deliberations about Real Property and Chapter 551.087, Deliberations Regarding Economic Development Negotiations. Minutes Continued, October 24, 2022 6. RECONVENE The regular meeting was reconvened at 6:11 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • Red Ribbon Parade will be held in the morning at 8:00 a.m. • Mid County Madness is next week. • Next City Council meeting will be November 14th • Police and Fire will participate in Trunk or Treat. Employees are collecting candy. 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Sonnier to adjourn the meeting at 6:13 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. Per on Albanese, Mayor City of Nederland, Texas ATTEST: Gay a/ergus `. /91) k Y 9 Y �,�k 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 ,v Sylvia Root Council Member-Ward II V Randy Sonnier Council Member-Ward III V David Guillot Council Member-Ward IV V Chris Duque City Manager V Gay Ferguson City Clerk V Jesse Branick City Attorney 7 wen Director of Finance Cheryl Dowden , Gary Porter Police Chief 1�/ Terry Morton Fire Chief V Robert Woods Director of Public Works I v George Wheeler Building Official V Molli Hall Librarian V Holly Guidry Human Resources Director / Joni Underwood Executive Secretary V Angela Fanette Parks Director V 019 74 ,10-IA--0-5"----- D,n Albanese, ayor Gfay Fergusd , City Clerk October 24,2022 Date 4S C ALLISON NATHAN GETZ (Ere V-1,` ' TERRY WUENSCHEL TAX ASSESSOR-COT.T.FCTOR " s• CHIEF DEPUTY d= —� * �TEXA�*� STATE OF TEXAS COUNTY OF JEFFERSON I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and also,by contract or statute,the Tax Assessor-Collector for CITY OF NEDERLAND, affirm,under oath, that this amount $(5,900.52), represents all taxes collected for CITY OF NEDERLAND during the month of September 2022. Allison Nathan Getz,P.C.C. JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-2.112 PHONE: (409)835-8516 •FAX: (409)835-8589 ��ONCE ALLISON NATHAN GETZ ►� �ih�l, TERRY WUENSCHEL TAX ASSESSOR—COLLECTOR .c A i\ - . CHIEF DEPUTY <` _< \ TEXA / October 3, 2022 City of Nederland Cheryl Dowden P. O.Box 967 Nederland,Texas 77627 Dear Cheryl, Enclosed are the Year End Reports as listed below. 1. Deposit Distribution(298-D Breakdown of Net Tax Collections) 2. Deposit Distribution(298-D-RF Refunds Only) 3. Tax Collector Report(TC168 for Fiscal Year) Rendition Penalties collected are$0.00. If you have any questions,please call me(409) 835-8714. Sincerely, 1,27" Cindy Savant,PCC Director of Finance Jefferson County Enclosures Cs • JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-2112 PHONE:(409)835-8516 •FAX: (409)835-8589 10/01/2022 02:49:39 4092582 TAX COLLECTION SYSTEM PAGE: 38 TC298-D SELECTION: DEPOSIT DEPOSIT DISTRIBUTION INCLUDES AG ROLLBACK RECEIPT DATE: ALL FROM: 10/01/2021 THRU 09/30/2022 LOCATION: ALL JURISDICTION: 0031 CITY OF NEDERLAND TAX LEVY DISCOUNT PENALTY TIF DISBURSE OTHER REFUND PAYMENT YEAR FUND RATE PAID GIVEN INTEREST AMOUNT TOTAL ATTORNEY FEES AMOUNT AMOUNT 2021 M & 0 .375573 5,200,162.38 .00 36,640.01 .00 5,236,802.39 9,546.19 .00 .00 5,246,348.58 I &S .141633 1,961,043.18 .,00 13,817.40. .00 .1,974,860.58 .00 .00 .00 1,974,860.58 TOTAL .517206 7,161,205.56 .00 50,457.41 .00 7,211,662.97 9,546.19 .00 .00 7,221,209.16 2020 M &0 .413141 37,437.64 .00 9,221.80 .00 46,659.44 12,367.15 .00 .00 59,026.59 I & S .166567 15,093.77 .00 3,718.04 .00 18,811.81 .00 .00 .00 18,811.81 TOTAL .579708 52,531.41 .00 12,939.84 .00 65,471.25 12,367.15' .00 .00 77,838.40 2019 M &0 .414765 15,919.94 .00 5,785.59 .00 21,705.53 6,217.78 .00 .00 27,923.31 I &S .184394 7,077.58 .00 2,572.14 .00 9,649.72 .00 .00 .00 9,649.72 TOTAL .599159 22,997.52 .00 8,357.73 .00 31,355.25 6,217.78 .00 .00 37,573.03 2018 M&'0 .404100 10,266.88 .00 4,971.92 .00 15,238.80 4,511.40 .00 .00 19,750,.20 I &S .205478 5,220.52 .00 2,528.10 .00 7,748.62 .00 .00 .00 7,748.62 TOTAL .609578 15,487.40 .00 7,500.02 .00 22,987.42 4,511.40 .00 .00 27,498.82 2017 M &0 .390828 3,579.69 .00 2,092.39 .00 .5,672.08 1,703.75 .00 .00 7,375.83 I & S .218750 2,903,53 .90 1,171.15 .00 3,174.68 .00 .00. .00 3,174.68 TOTAL .609578 5,583.22 .00 3,263.54 .00 8,846.76 1,703.75 .00 .00 10,550.51 2016 M &0 .390828 2,250.48 .00 1,406.79 .00 3,657.27 969.48 .00 .00 4,626.75 I &9 .203172 1,169.92 .00 731..34 .00 1,901.26 .00 .00 .D0 1,901.26 TOTAL .594000 3,420.40 .00 2,138.13 .00 5,558.53 969.48 .00 .00 6,528.01 2015 M &0 .385689 1,294.85 .00 956.27 .00 2,251.12 619.60 .00 .00 2,870.72 I & S .206164 692.14 .00 511.15 .00 1,203.29 .00 .00 ..00 1,203.29 TOTAL .591853 1,986.99 .00 1,467.42 .00 3,454.41 619.60 .00 .00 4,074.01 2014 M&0 .372368 1,188.96 .00 1,028,.63 .0.0 2,217.59 626.70 .0D .00 2,844.29 I &S .219485 700.77 .00 606.31 .00 1,307.08 .00 .00 .00 1,307.08 TOTAL .591853 1,889.73 .00 1,634.94 .00 3,524.67 626.70 .00 .00 "4,151.37 2013 M &0 .371479 648.68 .00 588.94 .00 1,237.62 358.69 .00 .00 1,596.31 I &S .220374 384.80 .00 349.39 .00 734.19 .00 .00 .00 734.19 TOTAL .591853 1,.033.48' .90 938.33 .00 1,971.81 358.69 .00 .00 2,330.50 2012 M'&0 .390395 485.39 .00 452.87 .00 938.26 231.70 .00 .00 1,169.96 I &S .201458 250.49 .00 233.70 .00 484.19 .00 .00 .00 '484.19 TOTAL .591853 735.88 .00 686.57 .00 1,422.45 231.70 .00 .00 1,654.15 2011 M &0 .370566 298.98 .00 338.53 .00 637.51 185.53 .00 .00 823.04 I & S .207434 167.36. .00 189.51 .00 356.87 .00 '.00 .00 356.87 TOTAL .578000 466.34 .00 520.04 .00 994.38 185.53 .00 .00 1,179.91 2010 M&0 .371852 293.89 .00 356.78 .00 650.67 187.21 .00 .00 .837.88 I & S .206148 162.93 .00 197.79 .00 360.72 .00 .00 .00 360.72 TOTAL .578000 456.82 .00 554.57 .00 1,011.39 187.21 .00 .00 1,198.60 10/01/2022 02:49:39 4092582 TAX COLLECTION SYSTEM PAGE: 39. TC298-D SELECTION: DEPOSIT DEPOSIT DISTRIBUTION INCLUDES AG ROLLBACK RECEIPT DATE: ALL FROM: 10/01/2021 THRU 09/30/2022 LOCATION:ALL JURISDICTION: 0031 CITY OF NEDERLAND TAX LEVY DISCOUNT PENALTY TIF DISBURSE OTHER REFUND PAYMENT YEAR FUND RATE PAID GIVEN INTEREST AMOUNT TOTAL ATTORNEY FEES AMOUNT AMOUNT 2009 M &0 .360319 246.49 .40 333..18 .00 579.67 174.77 .00 .00 754.44 I & S .217681 148.92 .00 201.29 .00 350.21 .00, .00 .00 350.21 TOTAL .578000 395..41 .00 534.47 .00 929.88 174.77 .00 .00 1,104.65 2008 M &0 .351731 28.52 .00 41.00 ..00 69.52 20,.07 .00 .00 89.59 I.&S .226269 18.35 .00 26.36 .00 44.71 .00 .00 .00 44.71 TOTAL .578000 46.87 .00 67.36 .00 114.23 20.07 .00 .00 134.30 2002 M &0 .391802 86.04 .00 208.00 .00 294.04 74.29 .00 .00 368.33 I & S .268198 58.91 .00 142.39 .00 201.30 .00 „00 .00 201..30 TOTAL .660000 144,.95 .00 350.39 .00 495.34 74..29 .00 .00 569.63 ALL M&0 5,274,188..81 .00 64,422.70 .00 5,338,611.51 37,794.31 .00 .00 5,376,405.82 ALL I & S 1,994,193.17 .00 26,996.06 .00 2,021,189.23 .00 .00 .00. 2,021,189.23 ALL TOTAL 7,268,381.98 .00 91,418.76 .00 7,359,800.74 37,794.31 .00 .00 7,397,595.05 DLQ M&0 74,026.43 .00 27,782.69 .00 101,809.12 28,248.12 .00 .00 130,057.24 DLQ I &S 33„149.99 .00 13,178.66 ..00 46,328.65 .00 .00 .00 46,328.65 DLQ TOTAL 107,176.42 .00 40,961.35 .00 148,137.77 28,248.12 .00 .00' 176,385.89 CURB M &0 5,200,,162.38. .00 36,640.01 .00 5,236,802.39 9,546.19 .00 .00 5,246,.348.58 CURB I &S 1,961,043,.18 .00 13,817.40, .00 1,974,860.58 .00 .00 .00 1,.974,860..58 CURB TOTAL 7,161,205.56 .00 50,457:41 .00 7,211,662.97 9,546.19 .00 .0e 7,221,209.16 10/01/2022 03:05:47 4092583 TAX COLLECTION SYSTEM PAGE: 11 TC298-D-RF SELECTION: DEPOSIT DEPOSIT DISTRIBUTION INCLUDES AG ROLLBACK PROCESSED IN REFUND RECAPTURE MODE RECEIPT DATE: ALL FROM: 10/01/2021 THRU 09/30/2022 LOCATION: ALL JURISDICTION: 0031 CITY OF NEDERLAND TAX LEVY DISCOUNT PENALTY TIF DISBURSE OTHER REFUND PAYMENT YEAR FUND RATE PAID GIVEN INTEREST AMOUNT TOTAL ATTORNEY FEES AMOUNT AMOUNT .2021 M &0 .375573 22,008.84- .00 88..98- .00 22,097.82- 10.10- .90 .00 22,107.92- I & S .141633 8,299.63- .00 33..57- .00 8,333.20- .00 .00 .00 8,333.20- TOTAL ..517206 30,308.47- .00 122.55- .00 30,431.02- 10.10- .00 .00 30,441.12- 2020 M &0 .413141 1,57.1.60- .00 4.34- .00 .1,575.94- .00 .00 .00 1,575.94- I & S .166567 633.64- .00 1.75- .00 635.39- .00 .00 .00 635.39- TOTAL .579708 2,205.24- .00 6.09- .00 2,211.33- .00 .00 .00 2,211.33- 2019 M&0 .414765 421.35- .00 4.35- .00 425.70- .00 .00 .00 425.70- I &S .184394 187.33- .00 1.94- .00 189.27- .00 .00 .00 189.27- TOTAL .599159 608.48- .00 6.29- .00 614..97- .00 .00 .00 614.97- 2018 M &p .404100 20.20- .00 .00 .00 20.20- .00 .00 .90 20.20- I &,S .205478 10.27- .00 .00 .00 10.27- .00 .00 .00 10.27- TOTAL .609578 30..47- .00 .00 .00 30.47- .00 .00 .00 39.47- 2017 M &0 .390828 22.30- .00 1.53- .00 23.83- 1.34- .00 .00 25.17- I&,S .218750, 12.48- .00 .85- .00 13.33- .00 .00 .00 13.33- TOTAL .609578 34.78- .00 2.38- .00, 37_16- 1.34- .00 .00 38.50- ALL M & 0 24,044.29- .00. 99..20- .00 24,143.49- 11.44- .00 .00 24,154.93- ALL I & S 9,143.35- .00 38..11- .00 9,181.46- .00 .00 .00 9,181.46- ALL TOTAL 33,187.64- .00 137.31- .00 33,324.95- 11.44- .00 .00 33,336.39- DLQ M &0 2,035.45- .00 10.22- .00 2,045.67- 1.34- .00 .00 2,047.01- DLQ I & S. 843.72- .00 4.54- .00 848.26- .00 .00 .00 848.26- DLQ TOTAL 2,879.17- .90 14.76- .00 2,893.93- 1..34- .00 .00 2,895.27- CURR M &0 22,008.84- .00 88.98- .00 22,097.52- 10.10 .00 .00 22,107.92- CURR I &S 8,299.63- .00 33.57- .00 8,333.20- .00 .00 .00 8,333.20- CURR TOTAL 30,308.47- .00 122.55- .00 30,431.02- 10.10- .00 .00 30,441.12- 10/01/2022 04:35:5 4092585 TAX COLLECTION SYSTEM PAGE: 17' TC168 TAX COLLECTOR MONTHLY REPORT INCLUDES AG ROLLBACK FROM 10/01/2021 TO 09/30/2022 FISCAL START: 10/01/2021 END: 09/30/2022 JURISDICTION: 0031-CITY OF NEDERLAND CERT TAXABLE VALUE ADJUSTMENTS ADD TAX VALUE TAX.RATE TAX LEVY PAID ACCTS CURRENT YEAR 1,394,973,541 11,051,054. 1,406,024,595 00.517206 7,275,862.36 9,953 YEAR TAXES DUE MONTH ADJ ADJUSTMENT YTD LEVY PAID PAID YTD BALANCE COLL 4 YTD UNCOLL 2021 7,219,203.64 56,658.72 56,658.72 7,161,205.56 7,161,205.56 114,656..80 98.42 0.00 2020 119,782.75 2,245.90- 2,245.90- 52,531.41 52,531.41 65,005.44 44.69 0.00 2019 73,886.54 631.15- 631.15- 22,997.52 22,997'.52 50,257.87 31.39 0..00 2018 50,264.00 53.34- 53.34- 15,487.40 15,487.40 34,723.26 30.84 0.00 2017 36,601.01 53.35- 53.35- 5,583.22 5,583.22. 30,964.44 15.28 0.00 2016 27,170.53 .00 0.00 3,420.40 3,.420..40 23,750.13 12.59 0.00 2015 19,840'.67 .00 0.00 1,986.99 1,986.99 17,853.68 10.01 0.00 2014 16,241.66 .00 0.90 1,889.73 1,889.73 14,351.93 11.64. 0.00 2013 15,54842 .00 0.00 1,033.48 1,033.48 14,515.44 6.65 0.90 2012 12,630.11 :00 0.00 735.88 735.88 11,894.23 5.83 9.00 2011 12,200.32 7,348.43.- 7,348.43- 466.34 466.34 4,385.55 9.61 0.00. 2010 4,820..16 .00 0..00 456.82 456.92 4,363.34 9.48 0.00 2009 4,324.77 .00 0.00 395.41 395.41 3,929.36 9.14 0.00 2008 3,986.27 .00 0.00 46.87 46.87 3,939.40 1.19 0.00 2007 2,872.21 .00 0.00 0.0D 0.00 2,872'.21 9.00 2006 2,985.70 .00 0.00 0.00 0.00 2,985.70 0.00 2005 2,282.16 .00 0.00 0.90. 0.00 2,282.16 0.00 2004 2,246.78 .00 0.00 0.00 0..00 2,246.78 0.00 2003 2,.619.62 .00 0.00 0.00 0.00 2,619.62 0.00 2002 2,828.20 .00 0.00 144.95 144.95 2,683.25 5.13 0.90 2001 2,336.74 2,073.49- 2,073.49- 0.00 0.00 263.25 0..00 2000 5,508.49 54.62- 54.62- 0.00 0,00 5,453.87 0.00 a*** 7,640,181.25 44,198.44 44,198.44 7,268,381.98 7,268,381.98 415,997.71 0.00 CITY OF NEDERLAND RESOLUTION NO.2022-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2022 TAX ROLL. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT pursuant to the Texas Property Tax Code,Section 26.09,that the City Council of the City of Nederland hereby approve the attached 2022 tax roll. _PASSED•AND.APPROVED this-the 24th dayof October,2022. Pe,r �•�i Don Albanese, Mayor City of Nederland,Texas °"V-OF ]i LAA Lt 4 _ ay Ferg en, City Cler City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: I Jes-e Br-'ick, City Attorney Ci of •ederland,Texas • 10/04/2022 02:55 pm Tax Collection System-JEFFERSON COUNTY tc502 juris summary.rep v1.15 Certified Roll Jurisdiction Summary Page 17 of 34 Request Seq.:4103407 Processing For Tax Year.2022 County Code:ALL Tax Unit:ALL Roll Codes:ALL Jurisdiction: 31 CITY OF NEDERLAND Total Parcels: 9,295 Tax Rate: 0.4810560 Market Value: 1,675,517,184 StateHom: 0 OptHom: 0.0000000 State 065: 0 Opt 065: 15,000 Disabled: 15,000 Opt Disabled: 0 AG Exclusion Count: 0 AG Exclusion feast: 0 Timber Exclusion Count: 0 Timber Exclusion Amt: 0 HS Capped Count: 2,755 HS Capped Amt: 40,229,925 Assessed Value: 1,635,287,259 Prorated-Exxy Count/Amt: 168 86,404,711 Pro Schools Connt/Amt: 4 955,288 100%Exempt Vet Count/Amt: 42 8,778,465 Surviving Spouse Active Duty Count/Amt: 1 17,930 Pro Charitable Functions Count/Amt: 3 346,895 Pro Youth Associations Connt/Amt: 1 55,332 Pro MiscExempts Count/Amt: 2 196,997 H1:366 Count/Amt: 105 115,961 State Homestead Count: 4,607 State Homestead Amt: 0 Local Homestead Count: 0 Local Homestead Amt: 0 State Over 65 Count: 0 State Over 65 Amt: 0 Local Over 65 Count: 1,729 Local Over 65 Amt: 25,463,312 Surviving Spouse Count: 15 Surviving Spouse Amt: 225,000 State Disabled Count: 0 State Disabled Amt: 0 Local Disabled Count: 147 Local Disabled Amt: 2,167,379 Total VET Count: 106 Total VET Amt: 1,094,790 *VET Surviving Spouse Count: 2 *VET Surviving Spouse Amt: 24,000 *included in the Total VET Count/Amt Partial Exempt Values: 28,950,481 Taxable Value: 1,509,465,199 Total Levy Amt: 7,264,143.89 Late Rendition Penalty Count: 222 Late Rendition Penalty Amt: 2,771.37 • Frozen Account Count: 0 Frozen Homesite Value: 0 Frozen Taxable Value: 0 Unfrozen Levy Amt: 0.00 Frozen Levy Amt: 0.00 Frozen Levy Loss Amt: 0.00 Total Non-Exempt Parcel Count 9,295 ORDINANCE NO. 2022-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING CHAPTER 22. BUSINESSES.ARTCILE IV.MASSAGE ESTABLISHMENT AS SHOWN IN EXHIBIT "A"; MAKING FINDINGS OF FACT; REPEALING ORDINANCE NO. 298; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to utilize police power regulation of health,safety,and general welfare of the public;and WHEREAS,the purpose of requiring standards for massage establishments is to mitigate the adverse secondary effects caused by such businesses and to promote the public health, safety,and general welfare of the residents of Nederland;and WHEREAS, there is convincing evidence in the form of studies, court cases, etc. that massage establishments have secondary effects that are deleterious on both existing businesses around them and surrounding residential areas or other sensitive uses adjacent to them, including increased crime, harm to minors, urban blight, diminishment in the quality of residential life,and reduction of property values;and WHEREAS, the secondary effects resulting from activities related to massage establishments have been shown to be detrimental to public health,safety,and general welfare of the citizens of Nederland,and therefore,such activities must be regulated; WHEREAS, the Nederland City Council deems it appropriate to approve the proposed amendments. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY ORDAINS THAT: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. The revisions to Chapter 22. Businesses. Article IV. Massage Establishments shall read as shown in Exhibit "A" attached, which is incorporated herein by reference. SECTION 3. Ordinance No. 298 shall be repealed when this Ordinance becomes effective. SECTION 4. This Ordinance 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 10TH day of OCTOBER 2022. ,.� uo ``` ��1EDcR ,�, ,: :' Don Albanese,Mayor '%e .•• •� � `. City of Nederland,Texas 7��i„unun,�no` _A, __AL /I ILL/tL .y Fergus, ,City Clerk City of Nederland,Texas s_s Aly .-1"O FORM AND LEGALITY: C0��QF•.SCC ��jmmm��a�� Jesse anic , ' Attorney City o Ne erland,Texas ^.?.i .+ •-.pr��'�'�'a#:�i'�Cr.* .-��x�,Srvc ': y5'�aj�F�r TY �^ ,�1�.t ..7f _ ARTICLE IV. MASSAGE ESTABLISHMENTS Division 1. Generally Sec. 22-76. -Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Massage means and includes any process consisting in kneading, rubbing or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus or other special apparatus, but shall not include massage by duly licensed physicians or massage of the face practiced by duly licensed beauty parlors or barbershops. Massage establishment means any place of business that advertises massage therapy or offers massage therapy as a service, but not a duly licensed physician, whether with or without the use of mechanical or therapeutic devices. The term shall not include a place of business where a licensed massage therapist practices as a solo practitioner in a manner consistent with the applicable provisions of V.T.C.A., Occupations Code §455.155, as amended. Massage parlor means any business in which massages are offered by a person who is not registered as a massage therapist under the State of Texas' Massage Therapy Registration Act (or applicable provisions of V.T.C.A., Occupations Code § 455.155) or who provides massages by touching specified anatomical areas or engaging in specified sexual activities. Massage parlors are subject to the applicable City of Nederland "sexually oriented business regulations. Sexually oriented business has the meaning assigned by Tex. Loc. Gov't Code, 243.002 unless another meaning applies under local law. Massage therapist means a person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, body rubber, or any derivation of those titles. Massage therapy means the manipulation of soft tissue. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, Swedish gymnastics, and reflexology, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, or hot and cold packs. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myo-therapy, body massage, body rub or any derivation of those terms. Massage therapy is a health care service when the massage therapy is for therapeutic purposes. As used in this article, the terms "therapy" and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy or podiatry is required by law. Massage therapy does not constitute chiropractic practice." Nude means a person who is entirely unclothed or clothed in a manner that leaves uncovered or visible through fully opaque clothing any portion of the breasts below the top of the areola of the breasts or any portion of the genitals or buttocks. cis GGh ii sft ka' ou 74* } wt wzt; WC � ° ie, k S "Z 1 r s a op'a Sexual Contact includes any touching of any part of the genitalia or anus, any touching of the breasts of a female without the written consent of the female, kissing without the consent of both persons, deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, solicitation of prostitution, and promotion of prostitution, or any offer or agreement to engage in such activities, any behavior, gesture, or expression that may reasonably be interpreted as inappropriately seductive or sexual, and inappropriate sexual comments about or to a client, including sexual comments about a person's body. Sec. 22-77.— Regulations applicable to all massage establishments. 1. All massage establishments seeking to locate in the City of Nederland shall be required to secure a Certificate of Occupancy permit through the Nederland Building Inspection Department and pass an inspection before opening for business. Upon permitting, a copy of this ordinance will be given to the applicant. The applicant shall read the ordinance for compliance instructions and then request the certificate of occupancy inspection. 2. State regulations: a massage establishment or place of business that advertises massage therapy or offers massage therapy or other massage services must be licensed in accordance with V.T.C.A., Occupations Code chapter 455 and title 16, Texas Administrative Code, chapter 117, as such chapters may be amended. 3. A valid and current massage therapist or massage establishment license must be displayed and easily viewable within the lobby or waiting area. 4. A massage establishment shall not be operated between the hours of 10:00PM and 8:00AM on any day. 5. All doors of a massage establishment shall remain unlocked during normal business hours. 6. All customer access to the massage establishment shall occur at the massage establishment's front door. 7. The storefront windows of a massage establishment must be transparent and provide an unobstructed view from the outside into the lobby, waiting area, or lobby and waiting area. 8. A massage establishment shall not locate or maintain an automatic teller machine (ATM). 9. A person shall not live or dwell within a massage establishment or use a massage establishment as sleeping quarters. 10. It shall be the duty of every person conducting or operating a massage establishment to keep the establishment at all times in a clean and sanitary condition. All instruments and mechanical or therapeutic devices, or parts thereof, that come into contact with the human body shall be sterilized by a modern and industry-approved method of sterilization before initial use, and any such instruments and devices, or parts thereof, after having been used upon one patron, shall be sterilized before being used upon another, and shall be rendered free from harmful organisms in a manner consistent with applicable state and local laws and regulations. Towels and linens furnished for use by one patron shall not be furnished for use by another until thoroughly laundered. , y i SrC„raIIx? ..8. .. ,L "3.; i. .r; 11.All massage therapists in a massage establishment shall wash their hands thoroughly before administering massage therapy to each patron accommodated. It is unlawful for a person suffering from a communicable disease to be employed by a massage establishment. No owner, manager, keeper, custodian, operator or employee or contractor of a massage establishment shall knowingly accommodate a person suffering from a communicable disease as a patron therein. 12.A massage establishment shall only employ or contract with licensed massage therapists to perform massage therapy or other massage services. Required documentation for each person providing massage therapy or other massage services shall include: i. a copy of the current massage therapist license, ii. proof of eligibility to work in the United States, and iii. if an employee, a completed 1-9 form or if under an independent contractor or contract labor agreement, a copy of the contract signed by the owner or operator and the licensed massage therapist. 13. The manager or person in charge of the massage establishment shall keep a list of the names, addresses, date of birth,driver's license number, and state massage therapist license number of all employees or contractors, both on-duty and off-duty, and such list, in accordance with the law, shall be immediately available during regular business hours for inspection upon the request of any law enforcement officer. All employees or contractors of the massage establishment shall wear a badge or name tag while on-duty that identifies the name of the massage establishment, the name of the employee/contractor, and includes a photograph of the employee/contractor. 14.The persons managing, keeping, or operating a massage establishment shall be responsible for the acts of their employees or contractors in the conduct of such business. This section does not relieve an owner or an employee or contractor of potential liability pursuant to this article. 15.The officers of the police and fire departments and code enforcement officer are hereby authorized and empowered to enter massage establishments at any reasonable time for the purpose of inspection and for the preservation of law and order and decency. If entry and access to the premises of the massage establishment is denied, entry may be made under the authority of a warrant to inspect the massage establishment. 16.A massage establishment shall display in the form and manner prescribed by the Texas Commission of Licensing and Regulation a sign concerning services and assistance available to victims of human trafficking. The sign must be in English, Spanish, Korean, Mandarin, and other language required by Texas Commission of Licensing and Regulation rule, include a toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking, include the contact information for reporting suspicious activity to the Department of Public Safety, and be displayed in a conspicuous place clearly visible to the public. 17.A massage establishment shall properly maintain and secure for each client the initial consultation documents, all session notes, written consent notes, and related billing records. • au:,k.- ...'4'4Y&''iti.44' ,'44 f fx "OW' Sec. 22-78.—Prohibited operations. 1. It shall be unlawful for any person operating a massage establishment to employ, in any capacity therein, any person who has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for an offense involving prostitution or another sexual offense, or the practice or administration of massage therapy at or for a sexually oriented business. 2. It shall be unlawful to employ an individual who is not a United States citizen or a legal permanent resident with a valid work permit or to employ a minor unless the minor's parent or legal guardian authorizes in writing the minor's employment by the massage establishment. 3. It shall be unlawful to operate a massage establishment as a sexually oriented business. 4. It shall be unlawful for the persons managing, keeping, or operating a massage establishment, the employees or contractors of the massage establishment, and/or the patrons of the massage establishment to engage in sexual contact in the massage establishment. 5. It shall be unlawful for a person to commit a crime or offense involving prostitution or other sexual offense resulting in a conviction, or to which a plea of nolo contendere or guilty was entered or deferred adjudication was received, on the premises of a massage establishment. 6. It shall be unlawful for a massage establishment to allow a nude or partially nude employee or contractors to provide massage therapy or other massage services to a customer. 7. It shall be unlawful for any person operating a massage establishment to offer bathing or showering services. 8. It shall be unlawful for any individual to practice massage therapy in the nude or in clothing designed to arouse or gratify the sexual desire of any individual. Sec. 22-79.— Enforcement Provisions. 1. Injunctive Relief: a. The attorney general, a district or county attorney, a municipal attorney or the Texas Department of Licensing and Regulation may institute an action for injunctive relief to restrain a violation by a person who: i. Appears to be in violation of or threatening to violate this Article ii. Is the owner or operator of a massage establishment that offers massage therapy or other massage services regulated by this Article and is not licensed b. The attorney general, a district or county attorney, a municipal attorney or the Texas Department of Licensing and Regulation may institute an action to collect a civil penalty from a person who appears to be in violation of this Article. The amount of civil penalty shall be not less than $1,000 or more than $10,000 for each violation. c. Each day a violation occurs or continues to occur is a separate violation. di,CS pE6i : ',.a.'�r..N. t' dAC. • d 2', ZL s i s f d. An action filed under this Article by the attorney general or the Texas Department of Licensing and Regulation must be filed in a district court in Travis County or the county in which the violation occurred. e. The attorney general, a district or county attorney, a municipal attorney or the Texas Department of Licensing and Regulation may recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty under this Article, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. f. In an injunction issued under this Article, a court may include reasonable requirements to prevent further violations of this Article. 2. Criminal Penalty: a. A person commits an offense if the person is required to be licensed under this Article and the person: i. Knowingly violates Section 455.151, 455.159, 455.202(b), 455.203(a) or (c), 455.204(b) or(c), or 455.205(b), (c), or(d) of the V.T.C.A., Occupations Code chapter 455 455. Massage Therapy. ii. Collects a fee or any other form of compensation for massage therapy without being licensed under this Article. b. A person commits an offense if the person is required to be licensed under this chapter and the person knowingly violates Section 455.205(a) of the V.T.C.A., Occupations Code chapter 455 455. Massage Therapy. An offense under this subsection is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this subsection, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this subsection, the offense is a state jail felony. c. An owner or operator of a massage establishment commits an offense if the person knowingly violates Section 455.151(a), 455.155(d), 455.202(a), 455.204(b) or (c), or 455.205(d) of the V.T.C.A., Occupations Code chapter 455 455. Massage Therapy. An offense under this subsection is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this subsection, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this subsection, the offense is a state jail felony. d. An owner or operator of a massage school commits an offense if the person knowingly violates Section 455.151(a), 455.159, 455.203(a) or(c), 455.204(b) or(c), or 455.205(b), (c), or(d) of V.T.C.A., Occupations Code chapter 455. e. Except as provided by Section 22.79. 2.b, c., and f., an offense under this Article is a Class C misdemeanor with a fine upon conviction up to $2,000. f. If it shown at the trial of an offense under this section that the defendant has been previously convicted of an offense under this section, the offense is a Class A misdemeanor. 3. Enforcement by Peace Officers: a peace officer of this state, including a peace officer employed by a political subdivision of the state, may enforce this chapter. - - -