March 13, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. March 13, 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 was lead by Amanda Cash, a member of the VFW Auxiliary. The
Pledge of Allegiance was lead by Marvin Cash, 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 b" as presented. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
a. Minutes - February 27, 2023 regular meeting and February 21, 2023 special
meeting
b. Consider action approving a request from Nederland Independent School
District for Hillcrest Elementary School to utilize Doornbos Park for a school
field trip.
4. REGULAR AGENDA
a. Allen Nation, Executive Director of Adaptive Sports for Kids (ASK), gave an update on
the Babe Ruth Park and invited everyone to attend ASK's Baseball Opening Day on
March 25, 2023. The ribbon cutting will be at 11:30 a.m. Mr. Nation thanked the City
of Nederland for their continued support throughout the years. Athletes presented
t-shirts to councilmembers and took pictures. No action was necessary.
b. The regular meeting was recessed and a Public Hearing was called to order at 4:51
p.m. by Mayor Albanese for the purpose of receiving comments regarding the request
to re-zone property located at 2120 Helena Avenue (the corner of Helena Avenue and
22nd Street) described as the SW 1/4 Lot 1, Block 2 of Cottage Groves from property
zones (C-2) neighborhood retail to R-3 (multi-family medium density) for the
construction of apartments.
Minutes continued, March 13, 2023
Chris Duque, City Manager, stated that Rickie Salenga, the property owner, is seeking
the re-zoning to build a four-unit complex on this property. The property was
purchased ten years ago; after the purchase, Mr. Salenga demolished the mobile
home and cleared the lot. Mr. Salenga owns the property on the right and rear of the
property, which hold apartments.
Rene O'Conner, a Nederland resident who lives at 1131 Gary Avenue, could not be
present but wanted to be of record stating that she was opposed to the construction
of anymore apartments in Nederland.
Britton Jones, 1132 Gary, spoke in opposition to the apartments. He stated that there
are enough apartments in Nederland. He also stated that he spoke to a former
councilmember and was told that the consensus of the council at that time was that
there were enough apartments in Nederland. He stated that he hoped that that is still
the consensus of the Council.
Dallas Higgins, 1609 N. 27th Street, asked if Nederland had passed an Ordinance
prohibiting the construction of apartments. Chris Duque stated that in 2010, the City
began a rezoning process and after this rezoning, there were no areas, except for the
existing complexes, that were zoned for apartments. There is no specific ordinance
against the building of apartments, but there is no area prescribed for this zoning.
Chris Duque explained that the rezoning process is needed in order to build
apartments and the Council decides on the acceptance or denial of the request. Mr.
Higgins stated he felt this was partial and unfair.
Jeff Darby, 1515 N. 26th Street, commented that he was opposed to the building of
new apartments. He stated that the enforcement of this should be consistent and
that he was concerned about these apartments turning into Section 8 housing.
Connie Benoit, 833 Detroit Avenue, commented that she was opposed to the
apartments. She stated that our schools are overloaded now and Nederland does not
need anymore apartments.
Derie Casey, 1608 N. 30th Street, commented that she is opposed to the building of
the apartments. She stated that Nederland doesn't need anymore apartments. The
stores can't keep stock on their shelves, she doesn't feel safe going to Walmart and
the streets are too busy all the time. She stated that we need to slow down, get our
schools finished and repair our roads.
Susan Tony, 504 Carriage Lane, commented that she was opposed to the apartments
being built. She stated that she grew up here in Nederland and the city has changed.
She stated that apartment people do not have an investment in our community,
apartment living does not foster grassroots people.
No one spoke in favor of the apartments.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Sonnier to amend Ordinance No. 2022-21, utility rates and regulations. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
d. Chris Duque, City Manager, stated that the City has allocated funds for the Non-Profit
Partnership Grant Program. The City's intent is to allocate $2.5M to the waterline and
Minutes continued, March 13, 2023
sewerline project and $50,000 to reimburse ASK for the installation of artificial turf at
the Babe Ruth Park baseball field. This leaves approximately $1.39M of funds that
have not been earmarked. He proposed using $325,000 for an inclusive playground
at Doornbos Park. The playground project is eligible since it provides recreational
activities for youth and special needs youth. After this allocation, $1,067,413.75
remains in this fund.
A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot
to approve the allocation of $325,000 for an inclusive playground at Doornbos Park.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
e. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier
to approve Ordinance No. 2023-06, amending the fiscal year 2022-2023 budget.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
f. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root
to authorize the purchase via state-approved contract of playground equipment for
Doornbos Park. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
g. A motion was made by Councilmember Sonnier and seconded by Councilmember
Guillot to set a public hearing for the purpose of receiving comments regarding the
proposed Doornbos Park Pond project for Monday, March 27, 2023 at 4:30 p.m. at the
Nederland City Hall. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
h. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Austin
to authorize the expenditure of funds for the emergency repair of Nederland Avenue
near 17th Street. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
i. A motion was made by Councilmember Austin and seconded by Councilmember Guillot,
to approve a work authorization with Soutex Surveyors & Engineering for the 2023
Hot Mix Overlay project. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
j. A motion was made by Councilmember Guillot and seconded by Councilmember
Sonnier to authorize the purchase of a truck for Animal Control. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
Minutes continued, March 13, 2023
k. A motion was made by Councilmember Austin and seconded by Councilmember Guillot
to declare surplus a vehicle from the animal control division of the Public Works
Department. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
I. A motion was made by Councilmember Guillot and seconded by Mayor Pro
Tern Root to authorize the purchase of a SCADA system for the Wastewater Treatment
Plant and lift station sites. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
m. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root
to approve Resolution No. 2023-06, authorizing the publication of the notice of intent
for Certificates of Obligation to finance street improvement and drainage projects
(Certificates of Obligation, Series 2023). MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
n. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot
to accept the Fiscal Year 2021-2022 audit as prepared by Wathen, DeShong &
Juncker, LLP. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ATTENDING REMOTELY VIA ZOOM: Councilmember Sonnier
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• Last week the Shattered Dreams program was held at the Nederland High
School. Chris thanked all departments and businesses who participated in this
important program.
• The Heritage Festival begins this week. Chris Duque thanked everyone who
makes this a safe and successful event every year for our community.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:25 p.m.
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City of Nederland, Texas
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illimiimtION
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 VIOL 2/21/14
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 r✓
Robert Woods Director of Public Works
George Wheeler Building Official ✓
Molli Hall Librarian
Holly Guidry Human Resources Director
Angela Fanette Parks Director ,/
PeoPy
Don Albanese, Mayor
Joni IP derwood, City Clerk
`hancA 13, a o/3
Date
AMENDMENT TO ORDINANCE NO. 2022-21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS AMENDING
ORDINANCE NO. 2022-21, UTILITY RATES AND
REGULATIONS; ADJUSTING ADJUSTMENTS AND
REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH.
WHEREAS, on September 19, 2022, the Nederland City Council approved
Ordinance No. 2022-21 that established utility rates and regulations effective October
1, 2022; and
WHEREAS, a Winter Storm impacted the City of Nederland in the month of
December 2022, impacting the water lines of many Nederland utility customers; and
WHEREAS,the Nederland City Council determines it is in the best interest of
the community to provide additional utility bill relief.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND,TEXAS,THAT:
Section 1: The statements set out in the preamble to this Ordinance are true
and correct; and
Section 2: Ordinance No. 2022-21 is hereby revised with the following
revisions:
A. Section 20. Adjustments is amended to read as follows:
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. 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 base rate and maintenance fee. An adjustment
will be made based upon an average of six monthly bills during the
previous six-month period.
3. In the event that water usage during the billing period exceeded 50,000
gallons, the cost of water shall be adjusted by one-third (1/3) of the
excess water usage based upon an average of six 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. Any
adjustment to the cost of water shall only be made if the customer
provides verification that a leak existed and that repairs have been made.
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 six monthly bills during the previous six-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 that
repairs have been made.
}
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 an adjustment, the customer must
have a Building Permit issued by the City of Nederland Inspections
Department.
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.
9. Due to the December 2022 Winter Storm,the City Manager is authorized
to waive the "sewer adjustments will be limited to one per 12-month
period" language if the leak was related to the December 2022 Winter
Storm and the repairs were completed between December 23, 2022 and
December 31, 2022. If a customer is granted a second leak adjustment
due to the December 2022 Winter Storm, then the customer will not be
eligible for another leak adjustment for 12 months. The City Manager's
decision is final.
Section 3: The meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open
Meetings Act,Texas Government Code, Chapter 551.
Section 4: This ordinance shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THE 13T" day of MARCH, 2023.
APPROVED:
DonAlbanese, Mayor
Y
City of Nederland,Texas
ATTEST:
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Joni Underwood, City Clerkiti:'((Q1a'...2�=
City of Nederland = •.w, V:z_
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APPROVED AS TO FORM AND LEGALITY: =:.:4-...--,-----",,,�
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Jesse Bra ick, City Attorney
Ci o ederland,Texas
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ORDINANCE NO.2023-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2022-
2023 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2022-22 which adopted
the Fiscal Year 2022-2023 City Budget;and,
WHEREAS,the City Council deems it necessary to amend the current budget to adjust
revenues and expenditures as set out in Attachment"A"attached hereto;and,
WHEREAS,the 2022-2023 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2023 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;and,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2022-2023 is amended to allow for adjustments in
revenues and expenditures as set out in Attachment"A."
THAT all ordinances and parts of ordinances inconflict herewith are expressly repealed.
THAT the City Clerk shall file a true copy of this ordinance and said budget amendment
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 AT A
REGULAR MEETING THIS THE 13th DAY OF MARCH,2023.
A agesztafi-)----
Don
Albanese,Mayor
City of Nederland,Texas
ATTEST:
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Joni Underwood,City Clerk ,
APPROVED AS TO FORM AND LEGALITY: 1(54=
Com !, y�! .• �;
Je ck,City Attorney %? OF]EF `\\,
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CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2022-2023
DATE: March 13,2023
DEPARTMENT: Various
FUND: Parks Special(25)and
Equipment Replacement-General(34)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
25-0000-4910 Transfer In 100,000 325,000 425,000
25-0000-6720 Buildings,Fixtures,and Grounds 61,000 550,000 611,000
34-0000-6742 Motor Vehicles 155,535 46,304 201,839
TOTAL 316,535 921,304 1,237,839
JUSTIFICATION
In the Parks Special Fund,$325,000 is transferred-in from the City's Coronavirus Local Fiscal Recovery Fund
allocation. $550,000 is allocated for the purchase of an inclusive playground.
In the Equipment Replacement Fund-General,the additional allocation facilitates the purhcase of a new truck for
Animal Control.
Dept.Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
•
RESOLUTION NO. 2023-06
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
WHEREAS,the City Council of the City of Nederland,Texas(the"Issuer"),deems
it advisable to issue Certificates Of Obligation to fund study, design, acquisition, construction,
installation,equipping,renovation,extension,and improvement of(1)streets and for the purchase
of materials, supplies, machinery, land, and rights-of-way related thereto, (2) drainage and
detention facilities,and for the purchase of materials,supplies,machinery,land,and rights-of-way
related thereto; and(3) certain other costs related and incidental thereto, in accordance with the
Notice hereinafter set forth,now therefore,
* * * * * * *
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION 1. The facts and recitations contained in the preamble of this
Resolution are hereby found and declared to be true and correct.
SECTION 2. The City Clerk is hereby authorized and directed to cause to be
published in the manner required by law a notice of intention to issue Certificates of Obligation in
substantially the form attached hereto as"Exhibit A"and made a part hereof.
SECTION 3. The notice set forth in "Exhibit A" to this Resolution shall be
published once a week for two consecutive weeks in a•newspaper of general circulation in the area
of the Issuer, the date of the first publication to be before the 4561 day prior to the date set in said
notice for the issuance of Certificates of Obligation.
SECTION 4. The Mayor, City Clerk, and other officers of the Issuer are
hereby authorized and directed to do any and all things necessary or desirable to carry out the
provisions of this Resolution.
SECTION 5. This Resolution shall take effect immediately upon its passage.
PASSED,APPROVED,AND ADOP'T'ED thi March 13,2023.
f #��_
ON ALBANESE,Mayor
City of Nederland,Texas
ATTEST:
JONI I DERWOOD, City Clerk o"ulllnru,,,,
City of Nederland,Texas .��`�D�ONEDF,F,''
[City Seal] _ .0:' t%
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EXHIBIT A
NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
TAKE NOTICE that the City Council of the City of Nederland,Texas(the"City"),
shall convene at 4:30 o'clock p.m. on May 8, 2023, during its regular meeting place in the City
Hall, 207 N. 12th Street, Nederland, Texas, 77627, and during such meeting, such City Council
will consider the passage of an ordinance authorizing the issuance of certificates of obligation to
be issued in one or more series in an amount not to exceed$6,000,000 for the purpose of paying
contractual obligations to fund study, design, acquisition, construction, installation, equipping,
renovation, extension, and improvement of(1) streets and for the purchase of materials, supplies,
machinery, land, and rights-of-way related thereto, (2) drainage and detention facilities, and for
the purchase of materials, supplies, machinery, land, and rights-of-way related thereto; and (3)
certain other costs related and incidental thereto. The certificates of obligation will be payable
from the levy of an annual ad valorem tax, within the limits prescribed by law, upon all taxable
property within the City and from a pledge of certain available net revenues derived from the
operation of the City's water and sanitary sewer system. The certificates of obligation are issued,
and this notice is given, under and pursuant to the provisions of Texas Local Government Code,
Section 271.049, as amended. In accordance with Texas Local Government Code Section
271.049, (1) the current principal amount of all of the City's outstanding debt obligations is
$20,215,000; (ii) the current combined principal and interest required to pay all of the City's
outstanding debt obligations on time and in full is $24,579,971; (iii) the estimated combined
principal and interest required to pay the certificates of obligation to be authorized on time and in
full is$7,283,389;(iv)the maximum interest rate for the certificates may not exceed the maximum
legal interest rate; and (v) the maximum maturity date of the certificates to be authorized is
September 1, 2038. If prior to its approval of the proposed certificates of obligation on May 8,
2023,the City Clerk receives a petition signed by at least five percent of the qualified voters of the
City protesting the issuance of the certificates of obligation,the City may not authorize the issuance
of the certificates of obligation unless the issuance is approved at an election ordered, held, and
conducted in the manner provided for bond elections under Texas Government Code, Chapter
1251.
/s/Don Albanese
Mayor
56821042.1/1000229988
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