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September 11, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. September 11, 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 led by Mayor Albanese. 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 Root and seconded by Councilmember Guillot to approve the Consent Agenda Item "a" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. a. Minutes - August 28, 2023 regular meeting 4. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to approve Resolution No. 2023-17, amending the City of Nederland Citizen Participation Plan for the City's Community Development Block Grant Disaster Recovery Program. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Chris Duque, City Manager, stated that the original Plan was adopted in July 2019 under Mrs. Ferguson's direction and was necessary for the use of Community Development Program funds including Hurricane Harvey funds (the City was awarded $4,259,659 in Hurricane Harvey CDBG Disaster Recovery grant funding through the Texas General Land Office). Staff is working with the GLO to proceed with a Phase 2 project - street repairs of Hilldale Drive and Hill Terrace Drive. In preparation for this, the Plan was reviewed; it is necessary to correct an oversight (the address in the Plan referenced old City Hall). Minutes continued, September 11, 2023 b. The regular meeting was recessed and a Public Hearing was called to order at 4:33 by Mayor Albanese for the purpose of discussing and receiving comments regarding the City of Nederland's Texas Community Development Block Grant Non-Housing Application to the Texas General Land Office, Disaster Recovery Program - for damages to the City from Hurricane Harvey (Phase 2 - street repairs of Hilldale Drive and Hill Terrace Drive). The first GLO project was the Hilldale/Hill Terrace and Nederland Ave drainage project (grant award $4,259,659); this bid was awarded to Environmental Allies in the amount of$2,244,583.66. Following the bid award, Change Order No. 1, the engineering contract, and the grants administration contract, there is approximately $1M remaining. Staff proposes a Phase 2 project - street repairs (hot mix overlay) of Hilldale Drive and Hill Terrace Drive; the City already has programmed concrete street repairs to Nederland Ave between the railroad tracks and city limits. Focusing on the Hilldale/Hill Terrace area rather than another area of town avoids the necessity of a new environmental assessment, which is both timely and expensive. Antonio Ramirez, Jr., 176 Hilldale Dr, commented that the contractor's work was not acceptable, his driveway entry is starting to crack, there is a manhole cover that is too high and the contractor's equipment has not been removed. Chris Duque, City Manager, stated that the contractor is still working in the area, the work is not fully complete and these items will be added to the punch list. No action was necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:37 by Mayor Albanese. c. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Duplant to approve Resolution No. 2023-18, dedicating funds to the City of Nederland's Texas Community Development Block Grant Non-Housing Application to the Texas General Land Office, Disaster Recovery Program - for damages to the City from Hurricane Harvey (Phase 2 - street repairs of Hilldale Drive and Hill Terrace Drive). MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. d. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root to approve the request for a Specific Use Permit for the property located at 2015 Avenue B (lots 4, 5, 6, Block 3 of Ingwersen Subdivision) for a parking lot for the Apostolic Tabernacle of Texas, Inc. (church) in a property zone R-1 (single- family residential), contingent upon approval by Drainage District 7. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. George Wheeler, Chief Building Official, stated that the construction of the parking lot will include a curb around the lot. Lance Bruberry with Apostolic Tabernacle stated that the parking lot will be built in compliance with all Planning and Zoning requirements and that no surrounding residential areas will be impacted by the parking lot construction. Minutes continued, September 11, 2023 e. A Motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to set a Joint Public Hearing date of September 25th at 4:30 p.m. at Nederland City Hall, regarding the request for a Specific Use Permit for the property located at 1003 Nederland Avenue for a massage establishment in a property zoned C-3 (highway commercial). MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. f. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve the appointments of Remi Bryan, Al Judice, Joe Oates, Keith Bass, Nathan Huckaby, Lance Howell, Sylvia Root, Randy Sonnier, George Wheeler and Chris Duque to the Food Truck Regulation Committee. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. g. A motion was made by Councilmember Guillot and seconded by Councilmember Duplant to authorize the emergency purchase of materials for water line repairs. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. h. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root to declare surplus miscellaneous signs and metal from the Public Works Department. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. i. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to engage the RWL Group for consultant services related to the bid for windstorm insurance and to provide consulting services related to other City insurance and risk management matters. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Councilmember Duplant asked about the option of self-insured windstorm insurance. Chris Duque stated that the consultant suggested keeping the traditional tract open and we can address the self-insured option starting in February. j. A motion was made by Councilmember Root and seconded by Councilmember Guillot to authorize the solicitation of proposals for Windstorm Insurance. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. k. A motion was made by Councilmember Guillot and seconded by Councilmember Duplant to approve the final payment and release of retainage of the "Nederland Swimming Pool Deck Rehabilitation" project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. I. Fiscal Year 2023-2024 Budget: A motion was made by Councilmember Duplant and seconded by Councilmember Root to approve Ordinance No. 2023-18, an appropriations Minutes continued, September 11, 2023 ordinance adopting a budget in accordance with Article VII of the Charter of the City of Nederland. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Chris Duque summarized the budget highlights. ii. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to approve Ordinance No. 2023-19, utility rates and regulations. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. iii. A motion was made by Councilmember Guillot and seconded by Councilmember Root to set the maintenance and operations portion of the tax rate at $0.351080 per $100 assessed valuation for the fiscal year 2023-2024. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. iv. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier to set the interest and sinking fund portion of the tax rate at $0.116527 per $100 assessed valuation for the fiscal year 2023-2024. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. v. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Ordinance No. 2023-20, adopting the tax rate for the fiscal year beginning October 1, 2023 and ending September 30, 2024. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. vi. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to approve an amendment to the Clothing Allowance Standard Operating Procedure. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. vii. A motion was made by Councilmember Root and seconded by Councilmember Duplant to approve the 2023-2024 Wage &Classification Plan. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:21 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Personnel - Texas Government Code, Chapter 551.074, Discuss personnel - Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee - City Attorney. Minutes continued, September 11, 2023 6. RECONVENE The regular meeting was reconvened at 5:32 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: • Fire Chief Terry Morton reported that Acadian Ambulance will be providing Nederland, Port Neches and Groves with a dedicated ambulance unit 24 hours/7 days a week to help on response times. This is in addition to their regularly available units. This service will begin on November 1st on a trial basis. • TXDot has inquired into the City's interest in reducing the speed limit on Highway 69 (currently 75 mph) due to numerous accidents. Ordinance 107 will be placed on the October 9th agenda. • The Chamber Coffee will be held tomorrow at City Hall, 8:00 a.m. • The timing of Certificates of Obligation for road projects will need to be considered so that construction can begin when school ends in May. Joe Carrol, a Nederland resident, commented on the condition of Canal Street at 30th and 31st Street. He stated that it badly needs an upgrade, not just a resurface. Chris Duque stated that the City would need to do engineering and testing in order to consider it an alternate project. 8. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:46 p.m. " k , age„ Don Albanese, Mayor City of Nederland, Texas ATTEST: f IiAhAtiq `\‘��u�utiirrrrrr 11, Joni derwood, City Clerk �`�� � � City of Nederland, Texas .��.r" G�° 'L-4°'�� f t CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor Bret Duplant 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 ✓ Via Zvaw► George Wheeler Building Official Molli Hall Librarian Holly Guidry Human Resources Director Parks Director 1 Don Albanese, Mayor gionn:liAthAdvbcel Joni Underwood City Clerk Date RESOLUTION NO. 2023-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, REVISING THE CITIZENS PARTICIPATION PLAN FOR THE CITY OF NEDERLAND'S COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS,THAT: Section 1. A Citizen's Participation Plan, which provides for and encourages citizen participation at all stages of the disaster recovery program,for the City of Nederland's Community Development Block Grant Disaster Recovery Program be amended and approved as attached. Section 2. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Open Meetings Act, Texas Government Code,Chapter 551. Section 3. This resolution shall become effective from and after its passage. PASSED AND APPROVED by the Nederland City Council this the 11TH day of September, 2023. Pel, Don Albanese, Mayor City of Nederland, Texas ATTEST: Jon Underwood, City Clerk APPROVED AS TO FORM AND LEGALITY: �``�G "INED' �.• ` � , ' •. `� Jes•.- ,/4•ick, City Attorney p i 'Q Citizen Participation Plan City of Nederland Citizens'Participation Plan Community Development Block Grant Program and Disaster Recovery Program The City of Nederland Citizens' Participation Plan is designed to insure that the public interest is protected through provision of adequate opportunity for citizens participation in implementing and carrying out activities under the Community Development Block Grant Program and the Disaster Recovery Program and other federally funded formula grant programs, as described in regulations governing submission of the Consolidated Plan, as published in the Federal Register on January 5, 1995, and hereinafter referred to as the Community Development Program(s). This plan is intended to establish minimum requirements to insure citizen involvement in the planning of activities under the afore-mentioned programs. The plan in no way restricts the City of Nederland from providing additional information and assistance when deemed to be the best interest of the citizens of Nederland. The City of Nederland's plan for citizen participation shall: • Provide for and encourage the involvement of interest citizens and organizations, particularly persons of low and moderate income; • Provide for full public access to program information and affirmative efforts to make adequate information available to citizens; • Provide for an encourage citizens' submission of view, input and/or complaints regarding the development of the Community Development Program. In order to stimulate and encourage citizen participation in the City of Nederland's Community Development Program, the City shall, at a minimum, adhere to the requirements contained herein. 1. Public Hearings a. The City of Nederland shall provide citizens with reasonable and timely access to local public meetings relating to the City's proposed and actual use of funds under the Community Development Program by holding at least two public hearings per year to provide information to citizens, obtain their views and to respond to questions. At a minimum: i. One public hearing shall be conducted to address the City of Nederland's community development needs and the activities proposed to be carried out under the Community Development program;and ii. One public hearing shall be conducted to review the City of Nederland's performance in carrying out activities under the Community Development Program. iii. In the event of an Amendment to the Performance Statement, one meeting shall be conducted to provide citizens with reasonable notice of,an opportunity to comment on the changes in use of funds. b. Public hearings will be located at City Hall (207 North 12th Street, Nederland, Texas),which is handicapped accessible. c. Should it become apparent that non-English speaking residents could be expected to participate at the public hearings,adequate efforts will be made by the City,utilizing necessary services,to provide information to these individuals in an understandable form. d. Notice of public hearings will be published in newspaper of general circulation in accordance with Section 3 of this Plan. 2. Access to Information and Records a. The City of Nederland will provide citizens with reasonable and timely access to information and records relating to the City of Nederland's proposed and actual use of funds under these programs. 1. Notice of availability of said documents shall be published in newspapers of general circulation within the City of Nederland, along with information as to how they may obtain copies of the documents. 2. Said documents will be available for inspection in the City of Nederland. 3. Publication of Notices a. Notices of public meetings shall be published in newspapers of general circulation with the City of Nederland not less than 7 days prior to the public hearing. The advertisement shall state the time, date,location and purpose of the hearing. The notices shall also include other pertinent information relative to the hearing,such as handicapped accessibility,etc. b. The City may, at its option, utilize other forms of promoting citizens' participation in the Community Development process,including but not limited to public service announcements and mailings. 4. Comments/Complaints a. The City of Nederland shall respond with a timely written answer to written comments, requests, proposals, complaints and grievances, within 15 working days from receipt, where practicable. Whenever practical, responses will be made prior to formal location approval of any application under questions. Said citizen comments will be taken into consideration throughout the planning/performance/evaluation process to carry out the Community Development Program. 5. Amendments to the Community Development Program a. The City of Nederland shall amend its Community Development Program whenever a substantial change occurs in activities: 1. Substantial change shall be defined as elimination of an activity, addition of an activity not previously included; revision of an activity, which will drastically change the purpose, scope, location or beneficiaries;or a change in the project cost by 50%of more. (1) A change in the type of activity(example: street improvements to recreation improvements) is considered to be a substantial change, regardless of location of the activity, since the total scope of the project has been revised. (2) When an activity has cost overruns or cost savings of greater than 50%. b. Prior to amending its Community Development Program,the City of Nederland shall hold a public meeting to provide citizens with reasonable notice of, and opportunity to comment on proposed changes in its use of funds. 1. Said meeting shall be advertised in a newspaper of general circulation, as further described in Section 3(Publication of Notices).of this Plan. c. The City of Nederland shall consider any such comments and, if deemed appropriate,modify the amendment. d. The City of Nederland shall publish a description of the amendment in a newspaper of general circulation. 1. Said notice shall include the scheduled date for adoption of the Amendment by the City Council. 2. Said notice will provide clarification as to where and how the Amendment may be obtained and the procedure for submission of citizens comments or questions. e. The final amendment shall be approved at a regularly scheduled meeting of the City Council. 6. Technical Assistance The City of Nederland will provide technical assistance to groups,representative of persons of low and moderate income in developing proposals for the use of CDBG Disaster Recovery funds. Anti-Displacement a. It is the policy of the City of Nederland that Community Development Program activities will not convert a low/mod dwelling unit to another use. 1. Conversion shall mean an activity that results in an existing low/mod dwelling unit no longer being available as a low/mod unit,due to(1)the activity resulting in rents which exceed the Section 8 Fair Market Rents; or (2) the activity converts the unit to a use other than house. b. It is the policy of the City of Nederland that Community Development Block Grant funds will not be utilized for the demolition of a low/mod dwelling unit. Community Development Block Grant funded demolition will occur when the unit is vacant, substandard,and not suitable for rehabilitation. 1. Vacant shall mean the unit was not occupied at any time during the 12 months prior to the date of the demolition contract with the property owner. Substandard shall mean the unit has one or more code violations and does not meet,at a minimum,the Section 8 Existing Housing Quality Standards. If the cost of required rehabilitation to bring the unit to Housing Quality Standards exceeds 50% of the post-rehabilitation property value, the unit is considered not to be suitable for rehabilitation. 2. For each unit proposed for demolition, a list of the code violations will be prepared by the City of Nederland's Building Official and submitted to the City Manager's Office for review. After review,the City Manager will determine the fundability of the demolition activity with CDBG dollars. c. Should extenuating circumstances lead to displacement of residents, or elimination of City of Nederland low/mod dwelling unit(s), the City of Nederland will adhere to the funding to aid the development of replacement housing. Summary of the Citizen Participation Process To maximize citizen participation, employees of the City of Nederland will hold a public hearing to solicit information for the Community Development Program. Public comment and input will be encouraged at the meetings regarding the needs of the City of Nederland and use of Community Development program funds. RESOLUTION NO. 2023-18 A RESOLUTION OF THE NEDERLAND CITY COUNCIL AUTHORIZING THE SUBMISSION OF A CONTRACT AMENDMENT TO THE GENERAL LAND OFFICE HURRICANE HARVEY CDBG DISASTER RECOVERY GRANT CONTRACT NUMBER 20-065- 149-C905 AND DEDICATING FUNDS RELATED TO THE CONTRACT AMENDMENT WHEREAS,the City of Nederland entered into a contract with the Texas General Land Office to Flood and Drainage Improvements on HiIldale Drive,Hill Terrace Drive,and Nederland Avenue in the amount of$4,259,659;and WHEREAS,the City of Nederland now desires to perform Street Improvements on Hilldale Drive and Hill Terrace Drive. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: 1. The recitals herein are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. 2. The City of Nederland authorizes a contract amendment request to be submitted to the Texas General Land Office for the following proposed activity:to perform Street Improvements on HiIldale Drive and Hill Terrace Drive in conjunction with the proposed Flood and Drainage Improvements. 3. The City dedicates any necessary funds related to this contract amendment. 4. The City hereby authorizes and directs Don Albanese,Nederland Mayor to execute all necessary documents as may be required to initiate and process the contract amendment request. 5. It is hereby found and determined that the meeting at which this Resolution is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings,Act, Chapter 551,Texas Local Government Code. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 11TH day of SEPTEMBER,2023 at which meeting a quorum was present and voting. Don Albanese,Mayor City of Nederland,Texas ATTEST: 00%11111m/two, ` 1 d,/ ,.� * .... �c''; Joni ,nderwood,City Clerk C., �\\VA ��'- City ofNederland,Texas l� �A, ") (,a :o_ APPROVED AS TO FORM AND LEGALITY: 1).*-4-44-47,?..*O O Jesse : k .City Attorney City of .erland,Texas CITY OF NEDERLAND ORDINANCE NO.2023-18 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024, IN ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,in accordance with Article VII, Section 7.02 of the City Charter,the City Manager prepared and presented to the City Council a city budget itemizing estimated revenues and appropriations for the ensuing fiscal year beginning October 1,2023 and ending September 30,2024. 'WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On August 28, 2023, after notice was published,said Public Hearing was held by the City Council on the proposed budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1 - GENERAL FUND. That there be and is hereby appropriated the sum of Fifteen million, five hundred sixty-five thousand, eight hundred ninety-eight dollars and no cents ($15,565,898.00)to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $23,354 b. Legal $88,640 c. City Manager $465,260 d. Finance $551,582 e. Personnel $383,169 f. Civil Service $4,150 g. City Hall $99,200 h. Police $5,505,271 i. Property Maintenance $65,489 j. Emergency Management $71,500 k. Fire $2,459,185 1. Fire Volunteers $18,650 m. Inspections $278,862 n. Code Enforcement $112,267 o. Public Works Administration $438,730 p. Street Department $1,231,414 q. Animal Control $166,146 r. Parks&Recreation $886,982 s. Library $612,047 t. Other Requirements $2,104,000 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of Two million, eight hundred seventy-five thousand, five hundred twenty-two dollars and no cents ($2,875,522.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3 -WATER&SEWER FUND.That there be and is hereby appropriated the sum of Six million, eighty thousand, seven hundred twelve dollars and no cents ($6,080,712.00)to the Water&Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment $1,828,741 b. Billing/Collections $554,714 c. Wastewater Treatment $1,269,824 d. Water&Sewer Distribution $942,433 e. Other Requirements $1,485,000 Section 4 — SANITARY SEWER EVALUATION FUND (SSES). That there be and is hereby appropriated the sum of Twenty-five thousand dollars and no cents ($25,000.00) to the SSES Fund for the payment of operating expenses and necessary capital outlay. Section 5-SOLID WASTE FUND.That there be and is hereby appropriated the sum of One million, eight hundred fifty-one thousand, three hundred ninety-four dollars and no cents ($1,851,394.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 6-EQUIPMENT REPLACEMENT FUND-GENERAL.That there be and is hereby appropriated the sum of Two hundred twenty-five thousand dollars and no cents ($225,000.00) to the Equipment Replacement Fund-General for the payment of necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT FUND-SOLID WASTE. That there be and is hereby appropriated the sum of Three hundred twenty-five thousand dollars and no cents ($325,000.00) to the Equipment Replacement Fund-Solid Waste for the payment of necessary capital outlay. Section 8 -EQUIPMENT REPLACEMENT FUND-WATER&SEWER.That there be and is hereby appropriated the sum of Two hundred five thousand dollars and no cents ($205,000.00) to the Equipment Replacement Fund-Water & Sewer for the payment of necessary capital outlay. Section 9-POLICE NARCOTICS FUND.That there be and is hereby appropriated the sum of Nineteen thousand, seven hundred fifty dollars and no cents ($19,750.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 10-LIBRARY SPECIAL FUND.That there be and is hereby appropriated the sum of Ninety-seven thousand dollars and no cents($97,000.00)to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 11 -HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of Sixty-two thousand,eight hundred dollars and no cents($62,800.00)to the Hotel/Motel Fund for the payment of operating expenses. Section 12 — FIRE DEPARTMENT SPECIAL FUND. That there be and is hereby appropriated the sum of Twenty-five thousand dollars and no cents ($25,000.00)to the Fire Department Special Fund for the payment of operating expenses and necessary capital outlay. Section 13 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Five hundred forty thousand dollars and no cents ($540,000.00)to the Parks &Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 14—COURT TECHNOLOGY FUND.That there be and is hereby appropriated the sum of Six thousand dollars and no cents ($6,000.00)to the Court Technology Fund for the payment of operating expenses and necessary capital outlay. Section 15 — STREET IMPROVEMENT FUND. That there be and is hereby appropriated the sum of One million,seven hundred fifty thousand dollars and no cents($1,750,000.00)to the Street Improvement Fund for the payment of operating expenses and necessary capital outlay. Section 16-MID-COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCH FUND. That there be and is hereby appropriated the sum of One million, seven hundred eighty-six thousand,one hundred seventy-three dollars and no cents($1,786,173.00)to the Mid-County Municipal League Dispatch Fund for the payment of operating expenses and necessary capital outlay. THAT the foregoing appropriations for expenditures be adopted as the budget for the ensuing fiscal year beginning October 1,2023 and ending September 30,2024. THAT the City Council shall meet and adopt an Ordinance levying on the assessed valuation of the property within the City, subject to the provisions of the Charter and lawful exceptions given by State Law or City Ordinance, a rate of taxation on each One Hundred Dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in this annual budget less the amounts estimated to be received from fines,licenses, and other sources of revenue. THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2023, shall be construed with and classified with Miscellaneous Revenue anticipated during the fiscal year beginning October 1,2023 and ending September 30,2024,and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT this being an ordinance not requiring publication it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND THIS THE 11m DAY OF SEPTEMBER 2023. Pee Don Albanese,Mayor City of Nederland,Texas ATTEST: Joni Und-r wood,City Clerk 0,���+" "'�i�;: �� City of Nederland,Texas gpe ��° •% Ni APPROVED AS TO FORM AND LEGALITY: _F:orely OF I!i.S. Jess; Br. . ,City Attorney City of► -derland,Texas ORDINANCE NO. 2023-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ESTABLISHING WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL, AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, AND FURTHER PROVIDING FOR INTEREST PENALTIES, RE-CONNECTION CHARGES, TRANSFER FEES,AND RETURNED CHECK FEES AND REPEALING ORDINANCE NO. 2022-21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: WHEREAS,a revision should be made in the rates for utility services now being charged by the City of Nederland,Texas, inside the city limits and outside the city limits. SECTION 1. Repeal of Previous Ordinances and Regulations. 1. All other ordinances and/or regulations governing City of Nederland(CITY)water and sewer services in conflict with this ordinance are hereby repealed when this ordinance takes effect, provided, however, the repeal of prior ordinances does not waive, excuse, or vacate any balances due for water services provided hereunder and the CITY may collect such balance due. SECTION 2. Water and Sewer Systems. 1. The water system and sewer system are public utilities operated and maintained by the CITY. The systems shall be operated in accordance with ordinances and policies adopted by the CITY, state law, and/or Federal law. Subject to such requirements, the City Manager may make such reasonable regulations as to govern the water and sewer systems to ensure their continued operation. 2. For the purpose of this ordinance, the terms "water service" and "utility service" shall be inclusive of water service,sewer service,and garbage/trash services as provided by the CITY. 3. For the purpose of this ordinance,the term"customer"shall mean the person responsible for payment and/or all persons acting for him/her or by his/her direction. SECTION 3. Application for Water Service. 1. Any person and/or business desiring to obtain water service from the CITY shall make application on a form supplied by the CITY. The application shall include: a. Name of the individual to be responsible for the payment of utility service b. The social security number of the individual responsible for payment c. The applicant's driver's license number d. The applicant's employer e. The address to be served f. The address, if different from the service address,to which bills are to be sent g. The applicant's home telephone number and work phone number h. The signature of the individual responsible for payment i. The applicant's proof of identification j. A rental agreement, if applicable 2. The person responsible for the payment of utility service shall agree that he/she will abide by all ordinances,rules,policies,and/or regulations governing water and sewer service provided by the CITY. SECTION 4. Installation of Service. 1. No private service lines shall be connected or tapped to any CITY water line unless a meter is installed by the CITY at that connection. 2. No private service lines shall be connected to any CITY sewer line unless the connection/tap has been made and/or approved by the CITY. 3. Not more than one(1)premise may be connected to any 1 water and/or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master meter to serve apartment complexes, mobile home parks,etc. 4. No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service. 5. If approved by the CITY, additional water services may be provided to residences and/or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation,water provided by such separate service will not be discharged through the CITY's sewer system. SECTION 5. Water Connection/Taps and Sewer Connection/Taps. A. GENERAL 1. The CITY reserves the right to tap existing CITY water lines,set water meters,and require use of CITY taps and meters and reserves the right to tap existing CITY sewer lines. 2. Any individual or business desiring a water tap and/or a sewer tap shall make said request to the CITY. If said request, in the CITY's opinion, is beneficial to the CITY and/or does not endanger the existing water line(water system)and/or the sewer line(sewer collection system), the CITY shall provide all materials, labor, and equipment to tap the existing water line and/or existing sewer line. 3. The CITY shall make the final determination as to the location of the water and/or sewer tap. 4. If the street excavation is required, the following fees will be assessed in addition to the fees listed below: Additional Cost for Street Excavations Excavation Length Asphalt Concrete 5'or less $ 730 $1,650 10'or less $1,000 $2,200 15'or less $1,275 $2,400 20'or less $1,525 $3,425 25'or less $1,800 $3,650 30'or less $2,075 $4,000 31'or less Cost will be calculated Cost will be calculated B. WATER TAPS 1. The water connection fees are as follows: Inside City Outside City (No Street Excavation) (No Street Excavation) 3/4"Water Tap $ 500 $ 675 1"Water Tap $ 600 $ 800 1 1/2"Water Tap $1,150 $1,400 2"Water Tap $1,450 $1,750 2"Compound $2,500 $2,800 Over 2"Water Tap Cost Cost x 1.5 2. In return for payment of such fee, the CITY shall tap the existing water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 6. C. SEWER TAPS 1. The sewer connection fees are as follows: Inside City Outside City (No Street Excavation) (No Street Excavation) 4"up to 5'deep $200 $300 4"from 5'to 10'deep $450 $550 6"up to 5'deep $300 $400 6"from 5'to 10'deep $550 $650 8"up to 5'deep $400 $500 8"from 5'to 10'deep $650 $750 More than 10'deep Actual Cost Actual Cost D. NEW SUBDIVISION WATER AND SEWER TAP FEES(INSTALLED BY DEVELOPER) Tap Size Inside City Outside City %"Water $250 N/A 1"Water $350 N/A 4"Sewer $300 N/A SECTION 6. Water Meter and Garbage Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the CITY in accordance with the following schedule(excludes residential rental property in renter/tenant's name): Inside City Outside City 3/"and Smaller Water Meter $110 $110 1"Water Meter $160 $160 1 1/2"Water Meter $210 $210 2"and Larger Water Meter $310 $310 2. Residential Rental Property Deposit: In order to establish water,sewer,and garbage service, an applicant,who is not the property owner,for said services shall be required to pay a deposit to the CITY in accordance with the following schedule (excludes apartment complexes and duplexes without individual water meters for each unit): Inside City Outside City %"and Smaller Water Meter $225, $225 1"Water Meter $225 $225 3. In order to be provided with an additional garbage container, which shall be limited to one additional garbage container per residential account (two total) and three additional per commercial account(four total), an applicant shall be required to pay an additional deposit of $75.00 per additional container. No deposit will be required if the customer has paid his bill ' in full by the due date specified on each individual bill for a period of twelve(12)consecutive months immediately prior to the request for an additional garbage container. 4. Bulk Water service requires the use of a Hydrant Meter. The deposit for a Hydrant Meter is • $1,000. SECTION 7. Application of Deposit. 1. Upon the termination of water, at the request of the customer,the deposit or any portion of the deposit remaining shall be returned to the customer when all charges have been paid,as well as trash has been cleared from the property in accordance with this ordinance and the garbage cans have been collected. 2. Current customer, who have service in their name, who continue to maintain utility service, and who have each month paid their bill in full and by the due date specified on each individual bill for a period of 12 consecutive months shall, at their request, be refunded the full amount of their deposit. 3. Tenants,who rent residential property from a property owner that elected to not have service in their name, shall be refunded the full amount of their deposit if they continue to maintain utility service and pay their bill in full and by the due date specified on each individual bill for a period of 48 consecutive months. SECTION 8. Previous Service—Outstanding Balance. Any applicant requesting water service from the CITY who currently has or previously had CITY water service and has,at the time of application,an outstanding balance on his/her previous water service must pay the outstanding balance in full in addition to the meter deposit prior to receiving new service. SECTION 9. Water Rates. The following monthly rates shall be charged for water service: Inside City Outside City First 2,000 gallons(minimum)* $11.50 $16.05 Each additional 1,000 gallons**(up to 50,000 gallons) $ 3.47 $ 5.22 Each additional 1,000 gallons above 50,000 gallons $ 3.48 $ 5.23 Water Line Maintenance per 1,000 gallons(above minimum) $ 0.36 $ 0.36 * Where water service is provided to multiple units served by one meter,the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent(90%)occupancy of the total number of units. ** Except as required by provisions of outside CITY contracts. The CITY may permit contractors engaged by the CITY for CITY or construction projects to utilize potable (bulk water) with the permission of the Public Works Director and the City Manager. Otherwise, no bulk water sales are permitted. The inside city water rates shall be utilized by the City following approval. The City Manager may authorize community-beneficial construction projects or emergency use following,a disaster to utilize bulk water. SECTION 10.Sewer Rates. The following monthly rates shall be charged for sewer service: Inside City Outside City First 2,000 gallons(minimum)* $11.90 $17.70 Each additional 1,000 gallons**(up to 50,000 gallons) $ 5.62 $ 7.07 Each additional 1,000 gallons above 50,000 gallons $ 5.83 $ 7.28 Sewer Line Maintenance per 1,000 gallons(above minimum) $ 0.36 $ 0.36 * Where water service is provided to multiple units served by one meter,the minimum rate for the first Z000 gallons will be charged for each unit based upon ninety percent(90%)occupancy of the total number of units. ** Except as required by provisions of outside CITY contracts. SECTION 11. Garbage Rates. RESIDENTIAL ACCOUNTS All residences inside the CITY limits shall be required to use the CITY garbage service in accordance with the following schedule: Inside City Rate(per month) $21.75+sales tax* Additional Container** $ 8.65+sales tax* COMMERCIAL ACCOUNTS Business inside the CITY limits may elect to utilize the CITY garbage service in accordance with the following schedule: Inside City Rate(per month) $21.75+sales tax* Additional Container** $10.00+sales tax* No more than 3 additional containers Businesses inside the CITY limits may elect to utilize the CITY garbage service and not receive twice a month trash service in accordance with the following schedule: Inside City Rate(per month) $14.75+sales tax* Additional Container** $10.00+sales tax* No more than 3 additional containers * Sales tax shall be in amount required by law ** Customers requesting additional containers must have sufficient space on their residential or commercial lot to accommodate the necessary spacing. The City Manager or his designee has the authority to decide whether a customer has sufficient space,and their decision is final. The Public Works Director may require any residential or commercial generator who regularly exceeds the provided garbage can load and/or weight capacity within a collection period, or any customer who regularly generates refuse requiring special handling to use a private commercial disposal system or to make other approved disposal arrangements. SECTION 12. Billing and Penalty. 1. All charges on utility service bills shall be due and payable to the CITY fifteen(15)days after the date the bill is mailed to the person responsible for payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (10%) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section 182.002 of the Texas Utilities Code,the 10% penalty shall not be applied to persons ages 60 or older until the 25th day after the date on which the bill was issued, provided that such person has made a request for delay, presented reasonable proof of their age, and is a residential customer who has occupied, and shall continue to occupy, the entire premises for which a delay is requested. 4. Should the 15th day fall upon a weekend, holiday, or any date that the City Hall building is closed,a grace period of two(2)business days shall be granted. SECTION 13. Delinquency—Termination of Service. 1. If full payment is not received by the CITY by the next date at which the water meter is read, a subsequent utility bill shall be mailed for the current reading plus the amount owed on the previous billing including the 10%penalty. 2. If full payment is not received on the date on which the subsequent utility bill is due, all utility service shall be disconnected or shall be placed on"disconnection status." A final notice via telephone call or mail shall be sent to the customer on the Thursday following the due date indicating that services shall be disconnected on the Thursday immediately following the issuance of such notice. If payment in full is not received by 5PM on the due date,then the account will be placed is disconnection status. Once the cut-off work order is issued, a reconnection charge and any additional deposit shall be due in addition to the previous balance. SECTION 14. Re-connection Charges. 1. Should utility service be discontinued due to non-payment of a utility bill, all funds due to the CITY, in addition to a re-connection fee shall be paid prior to reinstatement of utility service. The re-connection fee shall be $30.00 if reinstatement of utility service is requested during working hours(8:00AM to 4:30PM,Mondays through Friday). A customer will be required to keep a minimum$210 deposit on file or a$325 deposit for residential rental property accounts in addition to the account balance and reconnection fees before utility service is reconnected. Any additional deposit required may be billed in two installments. 2. Should service be discontinued,the CITY shall install a lock on the water meter. Should the customer or any person tamper with the lock and damage it, the following fees shall be assessed: 1st offense -$100 and 2nd and/or subsequent offense - $250. This fee shall be paid, in addition to all other charges, prior to reinstatement of service. 3. Should any person turn on water service, after the CITY disconnected the service for non- payment,such action shall be considered a criminal offense. 4. Should a customer be repeatedly disconnected due to non-payment,the CITY may require the following: a) Payment for the delinquent bill in the form of cash, money order,and/or cashier's check. b) The CITY retains the option of requiring payment for utility bills by cash, money order, and/or cashier's check for all future utility billings. 5. If payment is made with a check returned insufficient funds due to the issuance of a disconnection notice,water will be immediately disconnected. SECTION 15. Transfer Fee. A transfer fee,in the amount of$15.00 shall be assessed for transferring service within the CITY's utility service system. The final bill of the transferred account plus $15.00 will be added to the customer's new account. The transferred account may remain active no longer than fourteen days. SECTION 16. Returned Check Fees. 1. Any customer who pays his/her utility bill with a check which is returned from the financial institution due to,but not limited to,insufficient funds and/or closed account shall be assessed a$30.00 fee. 2. The CITY may,at the request of the costumer,re-run the check. If the check is accepted,the fee shall be waived. However, if the check continues to be returned,the CITY shall require that the bill be paid by cash, money order,cashier's check,or credit card. 3. The CITY retains the right to prosecute for returned checks in accordance with the Texas Penal Code. 4. If a check is returned unpaid due to the financial institution error,the financial institution shall submit written verification of such error. In this situation,the fee shall be waived. 5. Should a customer have two (2) or more checks returned due to insufficient funds and/or closed account within a period consisting of 12 consecutive months,the CITY shall no longer accept checks from that individual for a period of 24 months. During the 24-month period,all payments shall subsequently be made in the form of cash, money order, cashier's check, and/or credit card. SECTION 17. Temporary Service. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed 15 calendar days. The customer shall be billed for actual usage. 3. Should the account become delinquent,the customer shall not be allowed to begin any new service until all delinquent monies are paid. SECTION 18. Failure to Receive a Bill. 1. All bills for utility service shall be rendered monthly in accordance with a schedule established by the CITY. The City shall exercise care in the delivery of utility bills but is NOT responsible for the service provided by the United States Postal Service. 2. Failure to receive a bill shall not relieve the customer for payment of service received within the prescribed period nor exempt him/her from the responsibility imposed for delinquent accounts. SECTION 19. Deferred Payments. 1. The City Manager and/or his/her designee shall be empowered to develop payment schedules should a customer be unable to pay his/her bill. The City Manager may not develop payment schedules should a customer be unable to pay his/her bill if the outstanding balance is greater than$500.00 2. Should a customer not be able to pay his/her account by the due date, he/she must contact the CITY prior to the due date and request that a payment schedule be developed. 3. Should a customer not contact the CITY prior to the issuance of a disconnection notice,he/she shall be required to pay the entire amount of the bill in order to retain water service. 4. The customer and the CITY may develop a payment schedule which shall be documented on a form supplied by the CITY. This form shall include, but not be limited to, the following information: dates of future payments, amounts of future payments, and signature of the customer. Should the customer subsequently not comply with the payment schedule,water service shall be disconnected and shall not be reinstated until the full amount owned on the bill is paid. 5. In no shall the CITY abdicate the right to refuse a payment schedule as presented by the customer. 6. If a customer fails to comply with the provisions of their payment schedule, he/she shall not be permitted to establish additional payment schedules until full payment has been received on the initial/existing payment schedules. SECTION 20. Adjustments. 1. The City Manager and/or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing. The customer must provide an invoice or receipt as proof that the leak has been repaired before issuance of adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including the base rate and maintenance fee. An adjustment will be made based upon an average of six(6)monthly bills during the previous six-month period. 3. In the event that the water usage during the billing period exceeds 50,000 gallons,the cost of water service shall be adjusted by one-third(1/3)of the excess water usage based upon an average of 6 monthly bills during the previous six-month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. The customer must provide an invoice or receipt as proof that the leak has been repaired before issuance of any adjustment to the cost of water. 4. In the event that water usage during the billing period exceeded 95,000 gallons and was the result of a tree root damaging the water meter or delaying the repair as determined by City Council action,the cost of water shall be adjusted by three quarters(3/4)of the excess water usage based upon an average of 6 monthly bills during the previous 6-month period;however, the adjusted bill shall not be less than $100. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and submits an invoice or receipt as proof that the leak has been repaired. 5. In no case,shall a sewer adjustment be granted if the CITY notified the customer of a potential water leak on his/her property. 6. Sewer adjustments will be limited to one per 12-month period. Sewer adjustments shall not exceed$2,500 unless approved by the City Council. 7. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for a"pool adjustment,"a customer,who resides within the city limits must have a Building Permit issued by the City of Nederland Inspections Department. To be eligible for a"pool adjustment,"a customer who resides outside the city limits must submit a copy of the contract with the pool company to the Utility Billing Supervisor and have filled the pool within the last billing cycle. 8. Any suspected billing errors should be reported to the Billing&Collections Department when the billing error is discovered. If a billing error did occur, an adjustment will be calculated to correct the error. However, adjustments will be limited to the previous twelve months billing and require the City Manager's approval. SECTION 21. Meter Tampering. 1. It is unlawful for any person to turn on water to any premises from the CITY water system without first obtaining approval from the CITY. 2. It is unlawful for any person to connect water service to a premise after service has been terminated by the CITY. 3. It is unlawful to interfere with, disturb, or damage in any manner or form any water meters, locks, cutoff valves, or other appliances of the CITY. The head of household or property owner involved shall be held responsible for the violation of this section. 4. Tampering fees of up to five hundred dollars($500.00)shall be assessed where a meter has been interfered with,disturbed,or damaged. SECTION 22. Trash Removal Rates. 1. Trash blocking drainage—a service fee of$50.00 to$200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash and/or debris during,before, and/or after a rainstorm to prevent possible flooding. The fee shall be based upon the amount of work performed by the CITY. The CITY shall document the work and add the service fee on the customer's next bill;the next month bill will be customer's notice. 2. Miscellaneous trash and/or debris, defined as green waste and/or any other bulky items not able to be placed into the standard CITY garbage container, from empty (undeveloped or vacant)property must be hauled off by the owner or developer at their expense. Violations of said policy will be forwarded to the CITY'Code Enforcement Department for compliance. The CITY shall not reconnect services until said violation has been resolved by the Code Enforcement Officer and/or Municipal Court. 3. The CITY will provide collection of trash to residential and commercial customers receiving garbage service twice per month. The amount of trash removed shall be limited to four(4) cubic yards per collection. Trash piles greater than the prescribed 4 cubic yards must be removed by the property owner within ten(10)calendar days or violations may be forwarded to the City's Code Enforcement Department for compliance. If the CITY'Code Enforcement Officer tags the pile in violation,the CITY solid waste service shall not pick up that trash. The CITY shall not provide this service to vacant properties or those properties without an active account. Green waste and trash will not be removed if it is co-mingled. 4. Should an owner of property or customer within the CITY request the removal of the trash that exceeded the prescribed 4 cubic yards per collection,the CITY may do so at a cost equivalent to the actual costs of personnel, equipment, and disposal fees but no less than $20.00 per cubic yard per collection for quantities greater than 4 cubic yards. Payment must be made to the CITY prior to the trash being collected. The amount of trash to be collected shall not exceed 4 cubic yards at any one time. Such service shall be provided at the discretion of the CITY dependent upon such factors including, but not limited to, existing workload, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and/or individuals/companies hired by the property owners. The placement of the trash in quantities greater than 4 cubic yards shall constitute the owner or customer's request for said service and acceptance of the prescribed fees. SECTION 23. Disaster. In the event of a declared disaster, such as hurricane,tornado,flood, ice storm, pandemic, etc. significantly impacting the community, the City Manager is authorized to waive fees, penalties, etc.for up to 30 days from the date of the disaster. The waiver of fees, penalties, etc. shall not exceed $150.00 for residential customers or$250.00 for commercial or industrial customers for each request or incident. The City Manager is authorized to waive disconnection of utility services for non-payment for a period of NO MORE THAN 30 DAYS from the date of the disaster. SECTION 24. Validation. If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. This ordinance shall take effect October 1,2023. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 11TH day of SEPTEMBER,2023. +on Albanese, Mayor City of Nederland,Texas ATTEST: deo_pro t Joni Unterwood, City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jess- ick,C y Attorney •''ecs• • �,�- 71 Ci q • ederland, Texas = ;f- eo aiJEFF���O`` ORDINANCE NO.2023-20 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2023,LEVYING AND ASSESSING TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND AND THE MUNICIPAL GOVERNMENT THEREOF; APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; AND PROVIDING FOR THE INTEREST AND SINKING FUND. WHEREAS,pursuant to the provisions of the Tax Code of the State of Texas,the tax assessment rolls to be used for the collection of taxes for the captioned year,wherein the value of all property situated within the City of Nederland,subject to ad valorem taxes for the tax year 2023,was fixed by Angela Bellard, Chief Appraiser of Jefferson Central Appraisal District, at a total value of $1,807,454,502;now,therefore, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND, WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY .766 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A$100,000 HOME BY APPROXIMATELY$2.67, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1:-That the tax assessment rolls furnished by the City's Tax Assessor-Collector,based upon the certified roll furnished by Angela Bellard,Chief Appraiser of Jefferson Central Appraisal District, at a total value of$1,807,454,502, shall become the tax assessment rolls of the City of Nederland for the year 2023,less all exemptions provided by either State Law or City ordinance in the amount of$168,891,657. SECTION 2:-That there is hereby levied for the current year,2023,and there shall be collected for the use and support of the municipal government of the City of Nederland,and to provide interest and sinking funds for the fiscal year ending September 30,2024 upon all property,real,personal, and mixed,within the corporate limits of said City subject to taxation,a tax of 46.7607 cents on each one hundred dollars($100)valuation of property;said tax being so levied and apportioned to the specific purposes hereinafter set forth: (a) For the maintenance and support of the general government(General Fund),35.1080 cents on each one hundred dollars($100)valuation of property;and (b) For the Interest&Sinking Fund, 11.6527 cents on each one hundred dollars($100) valuation of property as follows: For the purpose of paying fees, interest and principal of One hundred ninety-six thousand,twenty-five dollars($196,025.00)on the Tax and Revenue Certificates of Obligation,Series 2013,1.1963 cents on each one hundred dollars($100)valuation of property. For the purpose of paying fees,interest and principal of Seven hundred eight thousand, two hundred dollars($708,200.00)on the Tax and Revenue Certificates of Obligation, Series 2017,4.322 cents on each one hundred dollars($100)valuation of property. For the purpose of paying fees, interest and principal of One hundred thirty-eight thousand, eight hundred sixty-five dollars ($138,865.00) on the Tax Notes, Series 2020,0.8475 cents on each one hundred dollars($100)valuation of property. For the purpose of paying fees,interest and principal of Three hundred thirty-three thousand,eight hundred ninety-four dollars($333,894.00)on the Combination Tax and Revenue Certificates of Obligation,Series 2021,2.0377 cents on each one hundred dollars($100)valuation of property. For the purpose of paying fees, interest and principal of Five hundred thirty-two thousand,four hundred dollars($532,400.00)on the Combination Tax and Revenue Certificates of Obligation, Series 2023, 3.2492 cents on each one hundred dollars ($100)valuation of property. SECTION 3:-The Jefferson County Tax Assessor-Collector(who,pursuant to contract,is the Tax Assessor-Collector for the City of Nederland)is hereby directed to prepare Tax Statements and proceed with the collections of the 2023 taxable year,and the amounts collected shall be deposited in the Depository of the City of Nederland,to be distributed in accordance with this Ordinance. SECTION 4:-That if any provision,section,subsection,paragraph,sentence,clause,or phrase of this ordinance shall for any reason be held to be unconstitutional,void,or invalid,such invalidity shall not affect the validity of the remaining provisions of this ordinance; and to this end all provisions of this ordinance are declared to be severable. PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 11th DAY OF SEPTEMBER,A.D., 2023. Q Qt-11 0,48%Q1Z. on Albanese,Mayor City of Nederland,Texas ATTEST: WU/J1ci °�»uu(uuu,,, Joni Un rwood,City Clerk "��"O .NEL) �,;