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February 27, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 27, 2023 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 the Pledge of Allegiance was lead by a Veteran of Foreign Wars member. 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 thru f" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. a. Minutes - February 13, 2023 regular meeting and February 6, 2023 special meeting b. January 2023 Departmental Reports c. Tax Assessor Collection Report - January 2023 d. Consider action regarding a request from Brian English to utilize the Nederland Recreation Center for basketball tournaments. e. Consider action regarding a request from Port Neches Groves Independent School District for Ridgewood Elementary School to utilize Doornbos Park for a school field trip. f. Consider action regarding a request from Nederland Independent School District for Hillcrest Elementary School to utilize Doornbos Park for an "adventure dash." 4. REGULAR AGENDA a. Troy Tillie commented on the City's water leak adjustment policy. He requested that the City adjust the water leak policy which would allow him to have a second water bill adjustment. His water leak was repaired after his first water bill was adjusted. He has requested a second water leak adjustment on the remaining water bill overage. This leak was due to the winter weather event. The City Council indicated their willingness to address Mr. Tillie's concern. The City Manager advised the City Council that he will bring an amendment to the Utility Rate Ordinance on the March 13th agenda and advised Mr. Tillie to have his tenants stay current on their water bill. Minutes continued, February 27, 2023 b. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve a request from Sunoco Partners Marketing Terminals, L.P. to waive utility charges associated with a water leak. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. c. A motion was made by Councilmember Sonnier and seconded by Councilmember Austin to declare surplus a 30-ton AC unit from the Nederland Parks Department. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. d. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Root authorizing the solicitation of applicants to fill a vacancy on the Parks Advisory Board. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. e. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to receive the quarterly financial report(s) from the Nederland Historical Society. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to receive the Quarterly Investment Report from the Finance Department. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. g. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to receive the "Racial Profiling Report" from the Nederland Police Department in accordance with Article 2.131 - 2.138 of the Texas Code of Criminal Procedures. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. h. A Public Hearing was held for the purpose of discussing and receiving comments regarding the Juvenile Curfew Ordinance. There were no comments received. i. A motion was made by Councilmember Austin and seconded by Councilmember Guillot to approve Ordinance No. 2023-05, Juvenile Curfew Ordinance. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. j. Chris Duque stated that JA Brumley Enterprises dba Ram Industrial Construction was the lowest bidder for the 2023 Concrete Street Rehabilitation project but the bid submitted does not demonstrate the business' experience and qualifications to perform this type of work. Bonner Fortney with Ram Industrial questioned how Schaumburg & Polk made this determination and asked if they had a list of people they had contacted. Rick Bourque with S&P commented that they had contacted all four and only one was familiar with Ram. Minutes continued, February 27, 2023 A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to approve Resolution No. 2023-05, declaring JA Brumley Enterprises dba Ram Industrial Construction as "non-responsible" in regard to the 2023 Concrete Street Rehabilitation project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. k. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to award the bid for the 2023 Concrete Street Rehabilitation project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. I. A motion was made by Councilmember Guillot and seconded by Councilmember Sonnier to approve an Agreement for consulting services with HUB International related employee group benefits. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. m. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root to authorize a Request for Proposals for employee group benefits (health, dental, basic and voluntary life, AD&D, and long-term disability insurances). 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 Austin to amend the 2022-2023 Wage & Classification Plan. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. o. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Root to amend the Collective Bargaining Agreement between the City of Nederland and the International Association of Fire Fighters, Local 3339. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:13 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with City Attorney - Texas Government Code, Chapter 551.071, Personnel - Texas Government Code, Chapter 551.074, Discuss personnel - Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee - Finance Director. 6. RECONVENE The regular meeting was reconvened at 5:35 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. Minutes continued, February 27, 2023 7. APPOINTMENT Appointment of a Finance Director - City Manager recommends no action on this item. 8. COMMUNICATION City Manager's Report: a. Miscellaneous: • Chris Duque recognized and thanked the city employees who worked on the water leak of February 20th on Nederland Avenue. • Rob Woods gave an update on the Nederland Avenue street buckling incident. TXDot will have the bridge on Twin City reopened by March 1. 8. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:40 p.m. 111 ///14� laon Albane e, Mayor City of Nederland, Texas ATTEST: gym: UAL6110,0-ot Joni nderwood, City Clerk \``\��„uunuu,,,,,/� City of Nederland, Texas °� NEDF,��'��, ifg' 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 II Randy Sonnier Council Member—Ward III ✓ David Guillot Council Member—Ward IV Chris Duque City Manager ✓ Joni Underwood 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 Angela Fanette Parks Director Ad't 124 on Albanese, Mayor hd14J Joni U erwood, City Clerk Date Don Albanese,Mayor F ,t4 EDF Sylvia t Mayor Pro-Tem R{, . TaRoolmadge Austin,Councilmember A City of Nederland Randy Sonnier,Councilmember 1.,,,, . 6.:- x' �i David Guillot Councilmember 0 �--__ Q Christopher Duque,City Managerits P.O.Box 967•Nederland,Texas 77627•(409)723-1503-FAX(409)723-1550 NED ZND.T ,1s Investment Report For the Quarter Ending December 31,2022 This report has been prepared in accordance with the Public Funds Investment Act(Section 2256.023, Government Code),which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland i C 'i u.5i Manager a L4 ft1 Cheryl Do's< ,�Director of Finance `Programmed for Progress" City of Nederland Summary of Account Activity Total Portfolio-All Accounts For Quarter Ending December 31,2022 Investments at Beginning of Period (10-1-22) $ 46,403,290.36 Purchases 411,387.75 Maturities 0.00 Investments at End of Period(12-31-22) $ 46,814,678.11 Maturity Summary at December 31, 2022 Less than 3 months D3 to 9 months D9 to 12 months DGreaterthan 12 months City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending December 31,2022 Balance Balance 10/1/2022 Purchases Maturities 12/31/2022 General Fund $ 20,334,459.22 180,274.94 $ 20,514,734.16 Capital Outlay Fund 3,267,550.60 28,968.46 3,296,519.06 Library Fund 40,431.65 389.26 40,820.91 Library Fund-Zaruk Memorial 10,596.45 63.15 10,659.60 Equipment Replacement Fund-General 674,784.27 5,982.21 680,766.48 Equipment Replacement Fund-W&S 271,922.12 2,410.73 274,332.85 Equipment Replacement Fund-SW 805,254.13 7,138.96 812,393.09 Water&Sewer Fund 5,517,102.40 48,911.77 5,566,014.17 Solid Waste Fund 2,682,969.25 23,785.79 2,706,755.04 Street Improvement Fund 4,282,233.97 37,964.04 4,320,198.01 Police Narcotics Fund 76,351.44 676.90 77,028.34 2018 WW Project 2,008,219.88 17,803.84 2,026,023.72 2020 Water Tower Project 50,423.44 447.06 50,870.50 2021 Street&Drainage Bond Fund 3,726,691.55 33,038.91 3,759,730.46 SSES Project Fund 563,987.01 5,000.01 568,987.02 Parks Special Fund 1,500,233.97 13,300.33 1,513,534.30 MCML Fund 402,826.16 3,571.30 406,397.46 Bond Redemption Fund 187,252.85 1,660.09 188,912.94 $ 46,403,290.36 $ 411,387.75 $ - $ 46,814,678.11 Fund Allocation at December 31, 2022 SSES Project Fund 1.22% 2021 Street&Drainage Street Improvement Fund Bond Fund 9.23 8.03% Other Funds .79% Capital Outlay Fund 7.04% General Fund 43.82% Equipment Replacement - --- \ -- Fund-SW 1.74% , Equipment Replacement Fund-W&S 0.59% 2018 WW Project Equipment Replacement 4.33% Fund-General 1.45% Water&Sewer Fund Parks Special Fund 11.89% Solid Waste Fund MCML Fund ° 0.87% 3.23% 5.78% Investment Report Schedule Investments for the Quarter ended December 31,2022 INVESTMENT POOL-TEXPOOL Average Days to Interest Interest Period Held Maturity Rate Market Principal Earned Book Value General Fund 10/01/22 12/31/22 1 3.5082% $ 20,334,459.22 180,274.94 $20,514,734.16 Capital Outlay Fund 10/01/22 12/31/22 1 3.5082% 3,267,550.60 28,968.46 $ 3,296,519.06 Water&Sewer 10/01/22 12/31/22 1 3.5082% 5,517,102.40 48,911.77 5,566,014.17 Bond Redemption Fund 10/01/22 12/31/22 1 3.5082% 187,252.85 1,660.09 188,912.94 Equipment Replacement Fund-General 10/01/22 12/31/22 1 3.5082% 674,784.27 5,982.21 680,766.48 Equipment Replacement Fund-W&S 10/01/22 12/31/22 1 3.5082% 271,922.12 2,410.73 274,332.85 Equipment Replacement Fund-SW 10/01/22 12/31/22 1 3.5082% 805,254.13 7,138.96 812,393.09 Library Special 10/01/22 12/31/22 1 3.5082% 40,431.65 389.26 40,820.91 Library Special-Zaruk Memorial 10/01/22 12/31/22 1 3.5082% 10,596.45 63.15 10,659.60 Solid Waste Fund 10/01/22 12/31/22 1 3.5082% 2,682,969.25 23,785.79 2,706,755.04 Street Improvement Fund 10/01/22 12/31/22 1 3.5082% 4,282,233.97 37,964.04 4,320,198.01 2018 WW Project 10/01/22 12/31/22 1 3.5082% 2,008,219.88 17,803.84 2,026,023.72 2020 Water Tower Project 10/01/22 12/31/22 1 3.5082% 50,423.44 447.06 50,870.50 2021 Street&Drainage Bond Fund 10/01/22 12/31/22 1 3.5082% 3,726,691.55 33,038.91 3,759,730.46 Parks Special Fund 10/01/22 12/31/22 1 3.5082% 1,500,233.97 13,300.33 1,513,534.30 SSES Project Fund 10/01/22 12/31/22 1 3.5082% 563,987.01 5,000.01 568,987.02 Police Narcotic Fund 10/01/22 12/31/22 1 3.5082% 76,351.44 676.90 77,028.34 MCML Fund 10/01/22 12/31/22 1 3.5082% 402,826.16 3,571.30 406,397.46 Totals for TEXPOOL Investments $ 46,403,290.36 $411,387.75 $46,814,678.11 *Texpool is rated AAAm by Standard&Poor's,which is the highest rating a local government investment pool can achieve Investment Report Schedule Investments for the Quarter ended December 31,2022 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate December 31,2022 Bond Redemption Fund 10/01/22 12/31/22 1 0.5500% $ 25.18 Capital Outlay Fund 10/01/22 12/31/22 1 0.5500% 51.34 Court Technology Fund 10/01/22 12/31/22 1 0.5500% 4.67 Equipment Replacement Fund-General 10/01/22 12/31/22 1 0.5500% 75.20 Equipment Replacement Fund-W&S 10/01/22 12/31/22 1 0.5500% 60.49 Equipment Replacement Fund-SW 10/01/22 12/31/22 1 0.5500% 51.28 Fire Department Special Fund 10/01/22 12/31/22 1 0.5500% 35.67 General Fund 10/01/22 12/31/22 1 0.5500% (202.68) Library Special Fund 10/01/22 12/31/22 1 0.5500% 26.80 MCML Dispatch 10/01/22 12/31/22 1 0.5500% 90.65 Motel Occupancy Tax Fund 10/01/22 12/31/22 1 0.5500% 62.05 Parks&Recreation Special Fund 10/01/22 12/31/22 1 0.5500% 79.74 Police Narcotic Fund 10/01/22 12/31/22 1 0.5500% 7.65 2021 Street&Drainage Bond Fund 10/01/22 12/31/22 1 0.5500% (267.36) Solid Waste Fund 10/01/22 12/31/22 1 0.5500% 407.78 Street Improvement Fund 10/01/22 12/31/22 1 0.5500% 715.02 SSES Fund 10/01/22 12/31/22 1 0.5500% 61.71 2018 WW Project 10/01/22 12/31/22 1 0.5500% 32.27 W&S Certificate Fund 10/01/22 12/31/22 1 0.5500% 113.23 Water&Sewer Fund 10/01/22 12/31/22 1 0.5500% 170.78 $ 1,601.47 Investment Report Schedule December 31, 2022 Interest Earnings for Quarter Ended December 31, 2022 Bond Redemption Fund 1,685.27 Capital Outlay Fund 29,019.80 Court Technology Fund 4.67 Equipment Replacement Fund-General 6,057.41 Equipment Replacement Fund-W & S 2,471.22 Equipment Replacement Fund-SW 7,190.24 General Fund 180,072.26 Library Special Fund 416.06 Library Special Fund-Zaruk Memorial 63.15 Motel Occupancy Tax Fund 62.05 Parks&Recreation Special Fund 13,380.07 Police Narcotic Account 684.55 Solid Waste Fund 24,193.57 Street Improvement Fund 38,679.06 W & S Certificate Fund 113.23 2018 WW Project 17,836.11 Fire Special Fund 35.67 2020 Tax Notes Water Tower Project 447.06 2021 Street&Drainage Bond Fund 32,771.55 SSES Project Fund 5,061.72 MCML Fund 3,661.95 Water& Sewer Fund 49,082.55 $ 412,989.22 ORDINANCE NO.2023-05 AN ORDINANCE AMENDING CHAPTER 74, DIVISION 2, OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, BY REPEALING SEC. 74-36 AND SEC. 74-37, BY ADDING NEW SECTIONS 74-36 THROUGH 74-41 TO PROVIDE CURFEW HOURS FOR MINORS AND TO REQUIRE COMPULSORY SCHOOL AGE MINORS TO BE IN SCHOOL (WITH EXCEPTIONS) AND TO IMPOSE PARENTAL DUTIES; PROVIDING FOR OFFENSES AND DEFENSES; PROVIDING FOR REPEAL OF ALL ORDINANCES AND POLICIES IN CONFLICT OR PARTS OF ORDINANCES AND POLICIES IN CONFLICT HEREWITH; PROVIDING .FOR SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED$500.00.; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, The City Council held a public hearing on February 27, 2023 to receive public input as to 1) the effect of this Ordinance on the City and any problems the Ordinance is intended to remedy; 2) the need, if any, to repeal the existing Ordinance No. 2008-03, as amended on April 14, 2008, establishing curfew hours for minors; 3)the need, if any,to enact this Ordinance establishing curfew hours for minors in order to satisfy constitutional requirements. WHEREAS, the City Council finds that it has a compelling interest in protecting juveniles, reducing crime, and involving parents in the control of their minor children. WHEREAS, the City Council finds that curfew hours for minors would materially assist in achieving the purposes of this Ordinance,to wit: (A)To promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the City; (B)To promote the safety and well-being of the City's youngest citizens, persons under the age of seventeen (17),whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; (C)To promote the compulsory attendance in school by school age minors; and (D)To foster and strengthen parental responsibilities for minors. • 1 • WHEREAS, based upon testimony provided at the public hearing, including statistical evidence supporting the position that previous juvenile curfew ordinances have reduced crime and that this Ordinance will do likewise,the City Council deems it in the public interest of the City to repeal the juvenile curfew Ordinance as delineated in Sec. 74-36 and Sec. 74-37 of the Code of Ordinances of the City of Nederland and to adopt curfew hours for minors and provisions related thereto, as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances of the City of Nederland is amended by repealing the existing Sec.74-36(Hours Established)and Sec.74-37(Parental Responsibility). Section 2. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances of the City of Nederland is amended by adding new Sec. 74-36, Sec. 74-37, Sec. 74-38, Sec. 74-39, Sec. 74-40, Sec. 74-41, and Sec. 74-42 to read as follows: SEC.74-36.-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 establishes a different meaning. City means the city limits of the City of Nederland,Texas. Curfew hours for minors means: Sunday 11:00 p.m.to 5:00 a.m. Monday 11:00 p.m.to 5:00 a.m. Tuesday 11:00p.m.to 5:00 a.m. Wednesday 11:00p.m.to 5:00 a.m. Thursday 11:00 p.m.to 5:00 a.m. Friday 12:00 a.m.to 5:00 a.m.;or Saturday 12:00 a.m,to 5:00 a.m. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Minor means any person under seventeen (17)years of age. Parent means a person who is: (a) A natural parent,adoptive parent,or step-parent of another person;or (b) At least eighteen (18)years of aQe and authorized by a parent or guardian to have the care and custody of a minor. Guardian means a person who: (a) Under court order, is the guardian of the person of a minor;or 2 (b) Is a public or private agency with whom a minor has been placed by a court. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops,shopping malls, and shall include parking facilities adjacent to the same. Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment,such as theaters and game rooms. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment.The term includes the members or partners of an association or partnership and the officers of a corporation. Remain means to: (a) Linger or stay;or (b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death,serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Intentionally, knowingly, recklessly, or with criminal negligence has the meaning(s) provided in the Texas Pena Code. SEC.74-37.OFFENSES. (a) A minor who has reached the age of ten (10)years commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence remains in or upon any public place, or remains in any motor vehicle operating or parked therein or thereon, or remains on the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence permits, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain on the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of an establishment commits an offense if he or she intentionally, knowingly recklessly, or with criminal negligence allows a minor to remain upon the premises of the establishment during curfew hours for minors. SEC.74-38.DEFENSES. (a) It is a defense to prosecution under Sec.74-37.that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, without any detour or stop; and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone of the parent/guardian authorizing the errand,the telephone number where the parent/guardian may be reached during the errand,the name of the minor,a brief description of the errand, the minor's destination(s) and the time period the minor is authorized to be engaged in the errand; (4) In a motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity,without any detour or stop; 3 (6) Engaged in, participating in or traveling to or from any event, function or activity for which application of Sec. 74-37. would contravene his rights protected by the Texas or United States Constitutions; (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police _department about the minor's presence; (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the city, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same,without any detour or stop; (10) Exercising First Amendment rights protected by the United States Constitution,such as the free exercise of religion,freedom of speech, and the right to assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (b) It is a defense to prosecution under subsection 74-37(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours for minors and refused to leave. SEC.74-39.SCHOOL AGE MINORS TO BE IN SCHOOL. (a) Compulsory school age minor to be in attendance at school; parental duties imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any public place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day when school is in session. (2) Each parent or legal guardian of a minor between the ages of six(6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from acting contrary to Sec.74-39(a)(1). (b) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16) inclusive, is suspended or expelled from school, then each parent or guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor,at the times that theminor would have been required to be in attendance at school under(a) (1) above had he or she not been suspended or expelled;and, (2) The duty to prohibit the minor from being at any public place at the times that the minor would have been required to be in attendance at school under(a) (1)above had he or she not been suspended or expelled. (c) No minor between the ages of ten (10) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school under(a) (1)above had he or she not been suspended or expelled. (d)Any minor who has reached the age of ten (10)years or parent or guardian of a minor who intentionally, knowingly, recklessly or with criminal negligence violates any provision of Sec. 74-39 commits an offense and, upon conviction, shall be guilty of a misdemeanor, which shall be punishable as provided in Sec.74-41. 4 SEC.74-40. DEFENSES. (a) It is a defense to prosecution under Sec.74-40(a)and (b)that: (1)The minor is suspended or expelled from school and is accompanied by a parent or guardian or responsible adult selected by a parent or guardian to supervise the minor; (2)The minor has been authorized by virtue of his or her regular school schedule to be off of the school campus at the time the minor is found to be at any place within the City away from the school; (3)The minor has written proof from school authorities excusing him or her from attending school at that particular time; (4)The minor is attending an official school activity off-campus; or (5)The minor is engaged in any event or circumstance provided as a defense in Sec.74-38(a) (3)(4) (6) (7) (10)or(11)above. SEC.74-41.PENALTIES. (a)A person who violates any provision of Sec. 74-37 or Sec. 74-39 commits a Class C misdemeanor offense and, upon conviction, shall be punishable by a fine not to exceed five hundred dollars($500.00). (b)A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. (c) When required by Section 52.08 of the Texas Family code, as amended, the municipal court shall waive original jurisdiction,over a minor who violates Sec. 74-37 or Sec.74-39 and shall refer the minor to juvenile court. SECTION 74-42.Enforcement Provisions Notwithstanding the penal effects of this article, the Chief of Police is encouraged to develop alternative enforcement strategies which may include, but need not be limited to, the return of minors to their residences, counseling with minors and their parents or guardians, the issuance of warning citations to minor's or their parents or guardians. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in uniform manner. Section 3. That all ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance,are hereby repealed,to the extent of conflict only. Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances should for any person be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. - Section 5. That this being an ordinance which imposes a penalty, its caption and penalty shall be published at least twice (2) in the official newspaper of the City of Nederland. This ordinance shall take effect immediately after the last date of publication. 5 PASSED AND APPROVED by the City Council of the City of Nederland this the 27th day of February , 2023. `,`a ,uuiuP<(, 06te � fcd dam/ �• • � �J Don Albanese, Mayor Q�?p= City of Nederland,Texas (-) • ATTEST: �'••....:<•��� OF JEFF L VatkIlkil ad JoniCnderwood, City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: L.2 Jesse Br- i k, ity Attorney City of N-•-rland,Texas 6 RESOLUTION NO.2023-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, DESIGNATING JA BRUMLEY ENTERPRISES DBA RAM INDUSTRIAL CONSTRUCTION AS "NON- RESPONSIBLE" IN REGARD TO THE BID FOR THE 2023 CONCRETE STREET REHABILITATION PROJECT WHEREAS,in accordance with state law and the City's Purchasing Policy,the City of Nederland solicited bids for the 2023 Concrete Street Rehabilitation project;and WHEREAS, the bid specifications noted the project would be awarded to the "lowest responsive responsible bidder;"and WHEREAS,following the bid opening,the bids were reviewed and analyzed by the project engineer—Schaumburg&Polk,Inc.;and WHEREAS, in accordance with Texas Local Government Code § 271.027(b),the City through the project engineer advised JA Brumley Enterprises dba Ram Industrial Construction that the bid would be addressed at the February 27, 2023 City Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,that: SECTION 1. The City of Nederland finds that JA Brumley Enterprises dba Ram Industrial Construction's bid was"non-responsible." SECTION 2. JA Brumley Enterprises dba Ram Industrial Construction's bid is considered "non-responsible" and shall not be considered by the City in determining the"lowest,responsible bidder." PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,Texas, this 27TH day of FEBRUARY 2023. ,(I-"gF FP _ 7..- :,/,._--- �/ ,_ 413,... ., DON ALBANESE,MAYOR = ).%cit"`�2:p• = ATTEST: ' OA:JEF��,' ``` uunumu .C-Ams,Whoteltpud Joni'Underwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: 2, /Antal JJ .or ick,City Attorney : 1