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September 25, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. September 25, 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 Pledge of Allegiance was led by Mayor Pro Tem Sonnier. 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 Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to approve the Consent Agenda Items"a thru f" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. a. Minutes - September 11, 2023 regular meeting and September 1, 2023 special meeting b. August 2023 Departmental Reports c. Tax Assessor Collection Report - August 2023 d. Consider action regarding a request from Adaptive Sports for Kids to utilize Doornbos Park for their fishing derby. e. Consider action regarding a request from i9 Sports to utilize the Nederland Recreation Center gymnasium for a basketball and volleyball league. f. Consider action authorizing the closure of Boston Avenue between 15th Street and 17th Street and all intersections on Tuesday, October 31st for the Nederland Chamber of Commerce's"Trunk-R-Treat" event. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:33 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 - City Manager; Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee - City Attorney. 6. RECONVENE The regular meeting was reconvened at 4:43 p.m. by Mayor Albanese. Minutes continued, September 25, 2023 7. APPOINTMENT a. A motion was made by Councilmember Root and seconded by Councilmember Duplant to authorize the appointment of Chris Leavins as the City Attorney, effective October 1, 2023, in accordance with the City Charter. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. b. A motion was made by Councilmember Root and seconded by Councilmember Guillot to set the monthly compensation of the City Attorney at $5,046.48, effective October 1, 2023. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 4. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve an amendment to the Employment Agreement between the City of Nederland and Christopher Duque. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. b. A motion was made by Councilmember Guillot and seconded by Councilmember Root to approve Ordinance No. 2023-21, amending the Fiscal Year 2022-2023 budget. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. c. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier to approve Ordinance No. 2023-22, declaring certain utility accounts as "uncollectable." MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. d. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to approve Ordinance No. 2023-23, amending Chapter 102 of the Code of Ordinances to reduce the speed limit of Avenue N between 15th Street and 16th Street to 25 miles per hour. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Duplant to authorize the purchase of a new electronic sign for the corner of 15th Street and Boston Avenue via state-approved contract. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Gulllot. NOES: None. f. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve the emergency repairs and maintenance of the blowers at the Wastewater Treatment Plant. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. g. Discussion was held regarding the bids for the Doornbos Park Pond Improvements project. Chris Duque, City Manager, stated at the December 5th City Council Minutes continued, September 25, 2023 meeting, staff was authorized to solicit bids for the Doornbos Park Pond project. The scope of work included dredging 24" of silt buildup and any debris in the pond, maintaining the shoreline, installing concrete cap to the shoreline, and installing a floating aerator fountain at the rear of the pond. The bid specifications provided for 140 days for completion. The C.T. Brannon Corporation is the project engineer, and the project would be paid via the Parks Special Fund. Bids were opened on January 12th with two received bids; the low bid was $1,242,567. The item driving the cost was "furnish and install section PZ 22 steel sheet pile wall by Nucor with 12" by 8" concrete cap; the low unit cost per linear foot was $515. The engineer provided an alternate item "furnish and install section UC-30 FRP composite sheet pile wall by CMI with 12" by 8" concrete cap" (a fiberglass product); the low unit. cost per linear foot was $372. The City Council voted to reject the bids at the January 23rd meeting and instructed staff to work with the project engineer on alternatives to reduce the cost. Staff discussed the project scope of work with project engineer in order to bring the costs closer to budget. The fiberglass wall alternative would save approximately $200,000. In addition, there would be cost savings in dredging the island dividing the pond; this eliminated approximately 300 linear feet of wall; additional savings would be reached by eliminating the stub-out on the east side of the pond. A public hearing was held on March 27th to solicit public input regarding the proposed project and cost saving efforts. The only comments addressed grant funding options. The project was rebid with the project reflecting the previously discussed revisions. Several alternatives were specified to give the City Council discretion when awarding the bid. Bids were opened on July 12th with three bids submitted (see bid tabulation). The lowest, responsible bidder (Shirley & Sons Construction, Inc. has held the bid for over 60 days, but they cannot continue to do so due to potential material pricing changes. Staff recommends awarding bid to the lowest, responsible bidder - Shirley & Sons Construction, Inc. in the amount of $939,977 (Alternate No. 2 Bid). The scope of work remains the same utilizing FRP sheet piling with the island separating the pond being removed. A Texas Parks &Wildlife Department grant application was submitted on August 1St; if awarded funding, the grant would cover $75,000 of the project. Unfortunately, a decision on the grant application will not be made until early 2024; I have requested the grants contractor seek guidance from TPWD on awarding bid and starting construction prior to the grant award (generally this is not allowed). The low bidder cannot hold their bid any longer; thus, we must decide whether to risk losing the $75,000 grant or risk rebidding the project with potential higher prices. I recommend moving forward with the bid award to allow construction to be completed by early 2024. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Duplant to award a bid to Shirley & Sons Construction, Inc., in the amount of $939,977 (Alternate No. 2 Bid) for the Doornbos Park Pond Improvements project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. h. A motion was made by Councilmember Root and seconded by Councilmember Guillot to re-appoint Anthony Toups and Billy Wayne Doornbos to the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Minutes continued, September 25, 2023 i. A motion was made by Councilmember Root and seconded by Councilmember Duplant to re-appoint Kasey Taylor to the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. j. A motion was made by Councilmember Root and seconded by Councilmember Duplant to appoint Billy Neal to the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. k. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Resolution No. 2023-19, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to Inland Environments LTD for asbestos abatement of 1308 Boston Avenue. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. I. City Manager, Chris Duque, stated that the attorney for the Nederland Economic Development Corporation has requested that this item, Resolution No. 2023-20, be postponed. This item will be brought back to Council in October. No action is necessary. 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, Deliberations about Real Property - Texas Government Code, Chapter 551.072 1308 Boston Avenue. 6. RECONVENE The regular meeting was reconvened at 5:39 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 8. COMMUNICATION City Manager's Report: a. Miscellaneous: • The National Night Out event will be held next week, October 3rd, in the area in front of the Bank of America. • Canal Avenue - The condition of the road has worsened between 27th and the frontage road. The hotmix contractor will add a level of course to temporarily improve the road, until we can permanently repair it,in the Spring. • Energy Transfer has stated there is an issue with the existing right-of-way, it is not sufficient for their 4-lane design. Eight additional feet will be needed, there will be design changes. • SETX Alert Network is in the process of an upgrade and will be requiring all participants to reregister their accounts. The City will'be posting this information on social media to the public. • The City will be recognizing Jesse Branick, City Attorney, at a future date for his service to the City. • The fence quotes for the ASK Playground fencing are due tomorrow. This job Minutes continued, September 25, 2023 could possibly be completed within three weeks. 9. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:48 p.m. 41)-;:ey tesvrL, Don AnesY or City of Nederland, Texas ATTEST: 04/401UPeq Joniuunderwood, City Clerk City of Nederland, Texas '• v`. � t4�0 7- OF JE aM 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 E/ Robert Woods Director of Public Works ✓ George Wheeler Building Official ,/ Molli Hall Librarian Holly Guidry Human Resources Director Parks Director pØt 29&Q & LJ Don Albanese, Mayor Joni Un,�'-rwood, City Clerk Date �gON CO Gy• ALLISON NATHAN GETZ '�' "if' I, '�- TERRY WUENSCHEL TAXASSESSOR-COTT:FCTOR 1 ,c /� r CHIEF DEPUTY ',TEXAS STATE OF TEXAS COUNTY OF JEFFERSON I; Allison Nathan Getz, P.C:C:; the Tax Assessor-Collector of Jefferson County, Texas and also, by contract or statute,the Tax Assessor-Collector for CITY OF NEDERLAND,affirm,under oath, that this amount $29,048.82, represents all taxes collected for CITY OF NEDERLAND during the month of August 2023, thbajaalthaA. Allison Nathan Getz,P.C.C. JEF ERSON COUNTY COURTHOUSE a P.O.BOX 2.112•BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516•FAX:(409)835-8589 ORDINANCE NO.2023-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2023- 2024 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No. 2023-18 which adopted the Fiscal Year 2023-2024 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 2023-2024 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2024 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;and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2023-2024 is amended to allow for adjustments in revenues and expenditures as set out in Attachment"A." 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 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 25th DAY OF SEPTEMBER,2023. A-I. a Don Albanese,Mayor City of Nederland,Texas ATTEST: *iMidthialli Joni Un erwood,City Clerk ` 0 ``yEp6 %,,/,! APPROVED AS TO FORM AND LEGALITY: z. !�'�r'• `�'%1- :f(-.):r L i/ :_ II: S. Jess: • ck,Crney G '�,'* $> 'Oil(tilt' 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2022-2023 DATE: September 25,2022 DEPARTMENT: Various FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4120 Industrial in lieu of Tax Payments 2,644,090 690,901 3,334,991 01-0000-4610 Interest Income 20,000 1,000,000 1,020,000 01-0000-4720 Sale of Land - 5,941,410 5,941,410 01-1300-6110 Salaries&Wages 335,031 (27,000) 308,031 01-1300-6115 Extra Help 3,000 1,600 4,600 01-1300-6121 Group Insurance 41,696 (13,000) 28,696 01-1300-6126 Social Security 28,449 (7,000) 21,449 01-1300-6393 Contractual Services 22,000 (14,000) 8,000 01-1500-6110 Salaries&Wades 224,295 28,000 252,295 01-1500-6121 Group Insurance 27,672 (6,000) 21,672 01-1500-6124 TMRS 16,390 3,000 19,390 01-1500-6126 Social Security 17.276 2,000 19,276 01-1500-6311 Auditing&Accounting 44,000 (4,000) 40,000 01-1500-6393 Contractual Services 100,000 5,000 105,000 01-1600-6110 Salaries&Wages 197,536 5,000 202,536 01-1600-6115 Extra Help 4,700 (3,500) 1,200 01-1600-6347 Unemployment Reimbursment 7,000 (7,000) - 01-1600-6393 Contractual Services 45,000 15,000 60,000 01-1900-6331 Telephone 8,000 6,000 14,000 01-1900-6341 Insurance General 22,000 27,600 49,600 01-1900-6351 Fixed Plant&Equip R&M 7,000 3,500 10,500 01-2100-6110 Salaries&Wages 2,615,299 100,000 2,715,299 01-2100-6111 Overtime 215,000 (5,000) 210,000 01-2100-6124 TMRS 210,954 9,000 219,954 01-2100-6128 Workers Compensation 67,615 (20,000) 47,615 01-2100-6222 Motor Vehicle Fuel 50,000 5,000 55,000 01-2100-6265 Supplies/Minor Tools&Equip 18,900 41,000 59,900 01-2100-6315 Computer System 12,000 (10,000) 2,000 01-2100-6331 Telephone 9,000 4,000 13,000 01-2100-6341 Insurance General 43,802 26,000 69,802 01-2100-6350 Bldg/Structure Improvements 4,000 6,000 10,000 01-2100-6355 Vehicle&Equipment R&M 27,500 20,000 47,500 01-2100-6384 Prisoner Costs 25,000 (17,000) 8,000 01-2100-6747 Radio&Radar Equipment 11,000 43,000 54,000 TOTAL 7,125,205 7,849,511 14,974,716 • Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2022-2023 DATE: September 25,2022 DEPARTMENT: Various FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-2101-6111 Overtime 6,000 6,000 12,000 01-2101-6115 Extra Help 20,000 (20,000) - 01-2101-6393 Contractual Services 30,000 (10,000) 20,000 01-2200-6110 Salaries&Wages 1,377,587 43,500 1,421,087 01-2200-6111 Overtime 100,000 10,000 110,000 01-2200-6116 Certification Pay 46,740 (10,000) 36,740 01-2200-6121 Group Insurance 209,761 (8,000) 201,761 01-2200-6124 TMRS 111,569 7,000 118,569 01-2200-6128 Workers Compensaiton 42,200 (12,200) 30,000 01-2200-6231 Wearing Apparel 10,000 20,000 30,000 01-2200-6341 Insurance General 27,570 28,400 55,970 01-2200-6343 Insurance Motor Equipment 15,575 2,575 18,150 01-2200-6720 Blgs,Fixtures&Grounds - 10,256 10,256 01-2400-6110 Salaries&Wages 163,491 4,400 167,891 01-2400-6115 Extra Help 10,000 (4,000) 6,000 01-2400-6350 Bldgs/Structure Improvements - 3,105 3,105 01-2500-6341 Insurance General 2,580 6,300 8,880 01-2500-6393 Contractual Services 19,000 (4,000) 15,000 01-3000-6110 Salaries&Wages 211,460 5,100 216,560 01-3000-6347 Insurance General 40,000 21,775 61,775 01-3000-6393 Contractual Services 3,500 12,000 15,500 01-3000-6394 Storm Water Permitting 22,000 (4,000) 18,000 01-3100-6110 Salaries&Wages 527,442 (10,000) 517,442 01-3100-6111 Overtime 22,000 1,000 23,000 01-3100-6121 Group Insurance 90,577 (10,000) 80,577 01-3100-6222 Motor Vehicle Fuel 30,000 (8,000) 22,000 01-3100-6393 Contractual Services 1,600 11,200 12,800 01-3100-6730 Street Improvements 275,000 25,000 300,000 TOTAL 3,415,652 117,411 3,533,063 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2022-2023 DATE: September 25,2022 DEPARTMENT: Various FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-3400-6110 Salaries&Wages 58,269 1,800 60,069 01-3400-6111 Overtime 32,000 6,000 38,000 01-3400-6391 Support of Animal Shelter 17,000 3,000 20,000 01-5100-6110 Salaries&Wages 249,889 (10,000) 239,889 01-5100-6111 Overtime 22,000 4,000 26,000 01-5100-6121 Group Insurance 53,794 (8,794) 45,000 01-5100-6128 Workers Compensation 5,222 (1,522) 3700 01-5100-6265 Supplies/Minor Tools&Equipment 25,000 4,000 29,000 01-5100-6333 Training&Travel 4,500 (2,000) 2,500 01-5100-6341 Insurance General 45,405 38,000 83,405 01-5100-6350 Bldg/Structure Improvements 10,000 10,000 20,000 01-5100-6366 Rental Equipment 3,000 (3,000) - 01-5100-6393 Contractual Services 93,000 42,000 135,000 01-5100-6720 Building,Fixtures&Grounds 10,000 30,000 40,000 01-5100-6744 Miscellaneous Equipment 27,500 (20,000) 7,500 01-5500-6110 Salaries&Wages 237,418 3,000 240,418 01-5500-6341 Insurance General 48,500 37,000 85,500 01-5500-6720 Building,Fixtures&Grounds 50,000 (44,500) 5,500 TOTAL 992,497 88,984 1,081,481 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2022-2023 DATE: September 25,2022 DEPARTMENT: Various FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-9000-6315 Computer System 151,000 13,000 164,000 01-9000-6326 Retiree Insurance 25,000 4,000 29,000 01-9000-6336 Retiree Accrued Compensation 40,000 (40,000) - 01-9000-6365 Street Lights 198,000 (43,000) 155,000 01-9000-6371 Senior Citizen Center 54,000 9,000 63,000 01-9000-6393 Contractual Services 25,000 (24,000) 1,000 01-9000-6400 Special Programs 20,000 25,000 45,000 01-9000-6402 ARPA-Non Profit Grant Program - 181,306 181,306 01-9000-6409 Vacation Buy Back 23,000 (23,000) - 01-9000-6411 Preventive Care Reimbursement 10,000 (10,000) - 01-9000-6904 Transfer to Parks Special Fund 100,000 200,000 300,000 01-9000-6907 Transfer to Capital Outlay Fund - 6,141,410 6,141,410 01-9000-6908 Transfer to Equipment Repl Fund 175,000 25,000 200,000 01-9000-6939 Transfer to Street Imp Fund - 750,000 750,000 TOTAL 821,000 7,208,716 8,029,716 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2022-2023 DATE: September 25,2023 DEPARTMENT: Various FUND: Court Technology,Hotel Occupancy, Fire Special,Parks Special, Equip Replacement GF, Street Improvement AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 22-0000-6315 Computer System 6,000 4,500 10,500 • 23-0000-6341 Insurance General 3,500 2,300 5,800 23-0000-6393 Contractual Services - 5,440 5,440 24-2200-6744 Miscellaneous Equipment - 19,570 19,570 24-2206-6333 Training&Travel 7,000 2,600 9,600 25-0000-4910 Transfer In 425,000 200,000 625,000 25-0000-6710 Land Improvements 222,400 (200,000) 22,400 25-5102-6393 Contractual Services 4,000 5,767 9,767 25-5103-6720 Bldgs,Fixtures&Grounds 25,000 170,000 195,000 25-5104-6220 Miscellaneous Supplies - 2,210 2,210 25-5104-6337 Advertising/Publications - 1,900 1,900 25-5104-6393 Contractual Services 35,000 2,800 37,800 39-0000-4130 Sales Tax 950,000 75,000 1,025,000 39-0000-4610 Interest Income 142,500 60,000 202,500 39-0000-4910 Transfer In - 750,000 750,000 39-0000-6310 Engineering Fees - 100,225 100,225 39-0000-6337 Advertising/Publications - 1,812 1,812 TOTAL 1,820,400 1,204,124 3,024,524 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2022-2023 DATE: September 25,2023 DEPARTMENT: Various FUND: Water&Sewer(50) AMOUNT CURRENT INCREASE PROPOSED 1 ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 50-0000-4360 Federal Emergency Mgt Funds - 202,118 202,118 50-0000-4610 Interest Income 5,000 245,000 250,000 50-6000-6110 Salaries&Wages 418,184 (12,000) 406,184 50-6000-6111 Overtime 60,000 30,000 90,000 50-6000-6113 Longevity 4,608 (2,408) 2,200 50-6000-6121 Group Insumace 77,403 (14,403) 63,000 50-6000-6128 Workers Compensation 10,051 (3,051) 7,000 50-6000-6256 Chemicals&Insecticides 310,000 32,000 342,000 50-6000-6341 Insurance General 168,800 147,000 315,800 50-6000-6351 Fixed Plant&Equipment R&M 60,000 (10,000) 50,000 50-6000-6404 Untreated Water 265,000 80,000 345,000 50-6000-6704 Plant Equipment - 11,375 11,375 50-6100-6110 Salaries&Wages 255,432 11,000 266,432 50-6100-6111 Overtime 2,000 4,000 6,000 50-6100-6121 Group Insurnace 55,360 (3,600) 51,760 50-6100-6124 TMRS 18,864 3,200 22,064 50-6100-6126 Social Security 19,885 1,000 20,885 50-6100-6275 Water Meters&Boxes 100,000 50,000 150,000 50-6100-6332 Postage&Freight 28,000 4,000 32,000 50-6100-6341 Insurance General 6,325 (2,725) 3,600 50-6100-6393 Contractual Services 92,000 3,000 95,000 50-6100-6744 Miscellaneous Equipment - 8,500 8,500 50-6200-6110 Salaries&Wages 223,838 4,000 227,838 50-6200-6111 Overtime 16,000 (11,000) 5,000 50-6200-6121 Group Insurnace 53,114 (5,000) 48,114 50-6200-6128 Workers Compensation 4,991 (1,500) 3,491 50-6200-6256 Chemicals&Insecticides 50,000 5,000 55,000 50-6200-6323 Health Inspection Fees 32,000 2,325 34,325 50-6200-6341 Insurance General 201,050 151,550 352,600 TOTAL 2,537,905 929,381 3,467,286 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2022-2023 DATE: September 25,2023 DEPARTMENT: Various FUND: Water&Sewer(50) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 50-6200-6351 Fixed Plant&Equipment R&M 60,000 40,000 100,000 50-6200-6399 Sludge Management 37,500 2,500 40,000 50-6200-6740 Plant Equipment 10,000 7,100 17,100 50-6200-6742 Motor Vehicles - 6,267 6,267 50-6300-6110 Salaries&Wages 503,391 (75,000) 428,391 50-6300-6110 Overtime 55,000 75,000 130,000 50-6300-6121 Group Insurance 101,740 (20,740) 81,000 50-6300-6124 TMRS 41,571 3,500 45,071 50-6300-6126 Social Security 43,820 1,200 45,020 50-6300-6128 Workers Compensation 11,754 (3,500) 8,254 50-6300-6222 Motor Vehicle Fuel 17,000 3,000 20,000 50-6300-6247 Water&Sewer Mains 110,000 100,000 210,000 50-6300-6258 Motor Vehicle Supplies 8,000 3,000 11,000 50-6300-6333 Training&Travel 3,000 2,650 5,650 50-6300-6355 Vehicle&Equipment R&M 4,000 5,200 9,200 50-6300-6755 Water Distribution Lines 90,000 (20,000) 70,000 50-9000-6315 Computer System 10,000 14,060 24,060 50-9000-6336 Retiree Accrued Compensation 12,000 (12,000) - 50-9000-6406 Contingency 10,000 (10,000) - 50-9000-6409 Vacation Buy Back 20,000 (20,000) - 50-9000-6411 Preventitive Care Reimbursement 5,000 (5,000) - TOTAL 1,153,776 97,237 1,251,013 Page_ of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST N. FISCAL YEAR: 2022-2023 DATE: September 25,2023 DEPARTMENT: Various FUND: Solid Waste(52),Dispatch(70) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 52-3300-6110 Salaries&Wages 501,053 (7,000) 494,053 52-3300-6111 Overtime 18,000 (6,000) 12,000 52-3300-6121 Group Insurance 105,295 (9,000) 96,295 52-3300-6124 TMRS 38,000 1,000 39,000 52-3300-6128 Workers Compensation 15,830 (4,800) 11,030 52-3300-6343 Insurance Motor Equipment 32,000 2,110 34,110 52-3300-6744 Miscellaneous Equipment - 16,020 16,020 70-0000-4610 Interest Income 1,180 19,000 20,180 70-1700-6110 Salaries&Wages 193,614 6,000 199,614 70-1700-6111 Overtime 3,000 (2,000) 1,000 70-1700-6121 Group Insurance 35,242 (1,800) 33,442 70-1700-6124 TMRS 14,346 1,800 16,146 70-1700-6265 Supplies/Minor Tools&Equipment 7,000 2,500 9,500 70-1700-6315 Computer System 273,450 2,000 275,450 70-1700-6333 Training&Travel 12,500 (7,500) 5,000 70-1700-6393 Contractual Services 60,000 (10,000) 50,000 70-1700-6720 Buildings,Fixtures&Grounds - 5,995 5,995 70-1700-6744 Miscellaneous Equipment - 10,920 10,920 70-2100-6110 Salaries&Wages 656,843 (31,843) 625,000 70-2100-6111 Overtime 56,000 56,000 112,000 70-2100-6121 Group Insurance 122,007 (14,000) 108,007 70-2100-6124 TMRS 52,539 6,000 58,539 70-2100-6126 Social Security 55,380 3,600 58,980 70-2100-6210 General Office Supplies 5,500 5,000 10,500 70-2100-6341 Insurance General 22,000 (6,500) 15,500 70-2100-6366 Rental Equipment 23,800 (3,800) 20,000 TOTAL 2,304,579 33,702 2,338,281 JUSTIFICATION End of year line-item correction Dept.Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of I - ORDINANCE NO.2023-22 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE-OFFS IN THE AMOUNT OF $12,280.02 AS SHOWN IN ATTACHMENT"A"FOR THE YEAR ENDED 9-30-23 IN THE CITY OF NEDERLAND. WHEREAS,Generally Accepted Accounting Practices require that uncollectible accounts receivable be written off to reflect accurate revenues;and, WHEREAS,based on auditor recommendations it is desirable to present uncollectible accounts to be charged off, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1.The City of Nederland's book of accounts of the Water Billing/Collecting Department are hereby corrected to reflect the following charge-offs for fiscal year 2022-23 in the amount of$12,280.02 as set forth in Attachment"A." Section 2.Charge-offs affected by this Ordinance are for accounting purposes only and are not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no way be construed to waive or discharge or dispense with the continued application of Section 106-32 of the Code of Ordinances concerning the accounts hereby affected. THAT this being an ordinance not requiring publication,it shall be effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 25th day of September A.D.,2023. "moi Baro.. Don Albanese,Mayor City of Nederland,Texas ATTEST: ``uuuu,,unr,u,'% Joni i'derwood,City Clerkn i Sq , ;Q City of Nederland,Texas =G' �'= to JEFF °° APPROVED AS TO FORM AND LEGALITY: Jes:e Br. ' k,City Attorney Ci. .'Nederland.Texas ATTACHMENT"A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2022-2023 Account Number Amount 02-0620-05-0 36.68 02-1020-04-0 61.79 02-1030-03-0 86.73 02-2100-16-0 59.69 02-2110-00-0 74.64 02-2280-00-0 184.70 02-2335-06-0 29.53 03-0170-00-0 62.04 03-0490-20-0 32.91 03-0970-23-0 110.70 03-2240-12-0 40.38 04-0730-08-0 233.51 04-1500-02-0 87.32 04-2045-10-0 432.26 04-4780-05-0 285.96 05-0230-00-0 46.89 05-1640-13-0 226.61 05-1800-09-0 76.43 05-1820-02-0 68.59 05-1950-18-0 86.07 • 05-3710-11-0 105.43 05-3950-25-0 72.58 05-3951-24-0 271.56 05-4150-03-0 22.40 06-0580-20-0 170.01 06-0810-06-0 15.47 06-1670-04-0 100.39 06-1970-09-0 161.42 06-2940-01-0 544.63 06-3100-12-0 30.58 07-0960-13-0 232.67 07-0960-14-0 36.68 08-0260-03-0 440.52 08-2910-00-0 38.17 08-2910-01-0 32.91 09-1340-00-0 33.92 09-2180-02-0 411.73 10-0110-24-0 34.28 10-0140-20-0 34.28 10-0950-03-0 407.63 10-3940-21-0 35.01 10-4000-03-0 117.92 11-0530-10-0 50.35 11-1420-15-0 12.58 11-1590-06-0 35.18 11-1840-11-0 36.68 11-2030-07-0 78.22 11-2940-01-0 30.56 11-3192-05-0 26.02 12-0240-19-0 29.53 12-0290-10-0 147.61 12-0370-03-0 390.31 12-1540-11-0 91.46 15-0180-00-0 79.68 15-0400-09-0 11.19 15-0400-10-0 179.53 15-1650-03-0 118.29 15-1850-13-0 212.22 15-2900-01-0 120.41 16-0980-13-0 117.65 16-1040-21-0 41.78 16-1340-25-0 99.02 16-1650-12-0 29.83 17-0040-01-0 48.42 17-0140-06-0 254.44 17-0270-00-0 37.49 17-1125-05-0 35.79 17-1145-07-0 35.79 17-1150-02-0 226.10 17-1170-04-0 144.50 17-1225-12-0 1,402.25 17-1290-09-0 118.53 19-0620-05-0 79.25 19-2020-07-0 35.35 19-2370-19-0 27.62 19-2530-09-0 37.19 20-0325-05-0 28.15 20-1050-00-0 280.46 20-1430-07-0 10.41 21-1620-07-0 130.48 21-2520-08-0 1,101.00 22-0270-01-0 63.18 24-0430-01-0 17.81 TOTAL $12,280.02 ORDINANCE NO. 2023-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AMENDING CHAPTER 102, SECTION 102-121 OF THE CODE OF ORDINANCES - TRAFFIC AND VEHICLES BY PROVIDING FOR THE REGULATION OF TRAFFIC IN RESIDENTIAL NEIGHBORHOODS UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ERECT THE APPROPRIATE SIGNAGE, PROVIDING PENALTIES AND FINES NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS,the Texas Transportation Code provides the maximum prima facie speed limit of thirty (30) miles per hour on residential streets; and WHEREAS, the Texas Transportation Code also grants authority to a municipality to alter speed limits to protect the health, safety, and welfare of its citizens; and WHEREAS, the City has received input from the School of Montessori expressing concerns about safety due to the traffic and speeds; and WHEREAS, the Nederland Police Department assessed the area and agrees action should be taken to reduce the speed on Avenue N;"and WHEREAS, the School of Montessori's drop-off/pick-up area is along Avenue N; and WHEREAS, as a result of the information obtained and the concerns of the school, the City Council has determined the speed limit of 30 miles per hour on Avenue N between 15th Street and 16th Street (approximately 325 feet) is unreasonable and unsafe; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety, and welfare of the City and its citizens to lower the speed limit to twenty-five (25) miles per hour upon Avenue N between 15th Street and 16th Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Section I. The above recitals are hereby found to be true and correct and incorporated herein for all purposes. Section II. Chapter 102 — Traffic and Vehicles of the Code of Ordinances of the City of Nederland, Texas is hereby amended by replacing Section 102-120 and renumbering the previous Section 102-120 to Section 120-121 as follows: Sec.102-120. 25 miles per hour speed limits for designated areas. When no special hazards exist that would require a lower speed,having regard to the actual and potential hazards then and there existing,no person shall operate or drive any motor or other vehicle upon any public street or highway within the corporate limits of the city at a greater speed than twenty-five(25)miles per hour, unless otherwise provided in this division,shall be prima fade evidence that such speed is not reasonable nor prudent and is unlawful. This 25mph speed limit is applicable only to the below-listed street(s): a) South 14th Street between Avenue B and Avenue H(approximately 2,000 feet). b) Avenue N between 15th Street and 16th Street(approximately 325 feet). The City Manager or his or her designee shall post or cause to be posted the maximum speed limit in this section by appropriate signs in conspicuous places, so that every driver maybe aware of the speed limits established hereby. Section 102.121. Penalty Any person, corporation,or entity who violates this Ordinance by exceeding the applicable speed limit to a listed location shall be deemed guilty of a misdemeanor and upon conviction,shall be punishable by a fine not to exceed$200.00. Section III. The City Manager or his or her designee is hereby directed to erect or cause to be erected appropriate signage giving notice of the speed limit established herein and such provision shall not be effective unless such signs or marking are in place at the time of an alleged offense. Section IV. Repealing Clause All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however,that such repeal shall only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section V. Severability Clause If any provision, section, exception, subsection, paragraph, sentence, clause, or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section VI. Effective Date This ordinance shall take effect from and after its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 25th day of September, 2023. Don Alb nese, Mayor ATTEST: Joni U'derwood, City Clerk 'U,t; RESOLUTION NO. 2023-19 A RESOLUTION OF THE NEDERLAND CITY COUNCIL RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION WHEREAS,the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises;and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments,welfare, and prosperity of its citizens;and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment,economic activity,and stability;and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described;and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law,its charter,bylaws and by board approval,to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The action of the Board of Directors of the Nederland Economic Development Corporation("Board")relating to Inland Environments LTD in an aggregate maximum amount of not more than Thirty-Two Thousand Nine Hundred Twenty-Five dollars ($32,925.00), in accordance with the terms and conditions as prescribed by the Board,is hereby ratified. ' PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this the 25th day of September, 2023 at which meeting a quorum was present and voting. byl Don Albanese,Mayor City of Nederland,Texas ATTEST: 04:UALZAtetzti Joni Und rwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse rani , ity Attorney City f derland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 9J1. day of Ocfnbe( , 2023 at which meeting a quorum was present and voting. Pa'-ms / D n Albanese,Mayor City of Nederland,Texas ATTEST: WtdatAltralo Joni Un'erwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: dip Chris -- ► ,City Attorney City of ederland,Texas a,N,nwnn,1111 ' ,�OF.NEpF� -4- JJ OPN E �FJEF