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February 12, 2024 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 12, 2024 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 Tern 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 Tern Sonnier and seconded by Councilmember Root to approve the Consent Agenda Item "a" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. a. Minutes - January 22, 2024 regular meeting 4. REGULAR AGENDA a. City Manager, Chris Duque, recognized Cheryl Dowden, Finance Director/Assistant City Manager, for her 30+ years of dedicated service to the City of Nederland. b. The regular meeting was recessed and a Public Hearing was called to order at 4:34 p.m. by Mayor Albanese for the purpose of discussing and receiving comments regarding the Food Truck regulations revisions proposed by the Food Truck Committee. Chris Duque stated that at the September 11, 2023 meeting, the City Council established a temporary 10-member Food Truck committee to discuss the City's Food Truck regulations and to possibly recommend revisions to said regulations. The committee included the City Manager, the Building Official, Mayor Pro Tem Sonnier, Councilmember Root, Keith Bass, Joe Oates, Al Judice, Remi Bryan, Lance Howell, and Nathan Huckaby. The committee met on September 26th, November 9th, November 27th, and December 14, 2023. At the December 14th meeting, the committee made the following recommendations: j Minutes continued, February 12, 2024 • Maintain the language for permits for special events - local businesses may secure this permit (one permit a month for a one-day special event) to utilize food truck businesses that are not located in Nederland; • Add an Annual Food Truck Permit ($500) - limited to 8 permits for only applicants who have a brick-and-mortar business located in the City or are a resident utilizing a homestead exemption in the City; • Food truck shall not conduct business within 200 feet of the primary entrance of an operating food service establishment unless the owner of the food service establishment provides written approval; • Food truck shall not conduct business within 50 feet of a residential structure; • Non-profit clubs and organizations may sell merchandise and/or food and drink for no more than 14 consecutive days and no more than 90 days total per year. No action is necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:39 p.m. by Mayor Albanese. c. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tem Sonnier to receive the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. d. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tem Sonnier to approve the request from the Nederland Heritage Festival to waive water tap fees. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. e. A motion was made by Councilmember Guillot and seconded by Councilmember Root to approve the "Racial Profiling Report" from the Nederland Police Department in accordance with Article 2.131 - 2.138 of the Texas Code of Criminal Procedures. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. f. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Resolution No. 2024-02, authorizing account signatories for the City's TexPool Investment Account. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. g. A motion was made by Councilmember Root and seconded by Councilmember Guillot to award bid for the Operation of the Nederland Swimming Pool to the YMCA, in the amount of$80,000. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. Minutes continued, February 12, 2024 h. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to approve the purchase of decorative lights for the Windmill. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. i. Chris Duque stated that at the September 25th meeting, the Doornbos Park Pond Improvements project was awarded to the lowest, responsible bidder - Shirley & Sons Construction, Inc. in the amount of $939,977. Following the draining of the pond, the contractor noted the greater volume of silt material in the center of the pond. The bid specifications stipulate the amount of material to be removed at a contracted price per cubic yard. Attached is proposed Change Order No. 1 in the amount of $140,000 for the removal of an additional 2,000 CY of silt material, resulting in additional (averaged) 1.55' depth of the pond. The project engineer recommends approval of the removal of this additional material due to the potential long-term costs, the success of the current project and technical aspects. The project would be impeded by leaving the silt in place and anaerobic cultures that currently exist will seed biological growth that created the main issue for the pond water quality. The Parks Director and project engineer recommend approval of Change Order No. 1. Mayor Pro Tem Sonnier asked if the contractor took soundings on the depth of the pond silt when they bid the project. Chris Duque said this issue was not discovered until after the contractor reached the bottom of the pond. Mayor Pro Tem Sonnier asked if this extra $140,000 would have affected the outcome of the highest bidder. He stated that we are only two weeks into the project and already have a $140,000 change order. Councilmember Duplant asked if we gave the contractor an estimated volume to remove or did they use their own estimate. Chris Duque stated the engineer stipulated in the bid specifications the amount of material to be removed. Mayor Pro Tem Sonnier stated this $140,000 is a 15% increase from when the project began. Mayor Albanese stated that he was present when the sludge was being removed and it would not have been feasible for the contractor to leave it in. Mayor Pro Tem Sonnier agreed with Mayor Albanese and stated that he felt the engineer should have taken accurate soundings to determine how much was in the pond to give an accurate bid. Chris Duque stated that he did ask the engineer if this was the only bump in the road that the City should expect on a change order. The engineer said that he could not guarantee but this should be the only stumbling block we should see. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to approve Change Order No. 1 - Doornbos Park Pond Improvements project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. j. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Ordinance No. 2024-03, amending the fiscal year 2023-2024 budget. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. k. The Public Works Department requests authorization to purchase two pumps for the Water Treatment Plant. The two new pumps will cost $99,794 that shall be paid via Minutes continued, February 12, 2024 the Water Treatment Plant's Plant Equipment line-item (50-6000-6740) and the Equipment Replacement Fund — W/S. The pumps are considered "sole source"; thus, in accordance with the City's Purchasing Policy, it is not necessary to solicit additional quotes. The vertical turbine raw water pumps will replace the existing Flowserve vertical turbine raw water pumps that have been in service for nearly 12 years. Once ordered the pumps would be delivered and installed in 20-22 weeks. The Public Works Director recommends approval of this purchase; I concur with Mr. Woods' recommendation. There are four pumps; replacement of the two remaining pumps will be a budget request for the fiscal year 2024-2025. The WTP staff explored the option of rebuilding the pumps versus the new purchase, and it was not cost effective to retrofit the older pumps. The flowrate of the new pumps will be 2,200gpm versus the existing 1,735gpm. The new pumps will operate at a more efficient level and lower operating cost. Mayor Pro Tern Sonnier asked why this is a sole source. Rob Woods, Director of Public Works, stated that this is the only authorized vendor for this particular pump that will fit into the item that we have. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve the purchase of two pumps for the Water Treatment Plant. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. I. Discussion was held regarding the purchase of 1111 Boston Avenue. Chris Duque, City Manager, stated that at their January 17th meeting, the NEDC Board authorized the purchase of this property for the price of $200,000. Mrs. DeCuir indicated this purchase would facilitate additional parking for the Atlanta Avenue development; according to Mrs. DeCuir, the NEDC did not get an appraisal of the property. Mayor Pro Tem Sonnier asked why an appraisal was not done. Chris Duque stated that the JCAD value of the property is just under $35,000, which includes the building, the parking lot and the small strip of green space beside the lot. Councilmember Root asked how the purchase price of $200,000 was determined. Chris Duque stated that he had asked Mrs. DeCuir if the parking lot would be dedicated back to the City as he has concerns about maintenance of the parking lot. There is no ingress/egress flow into the lot which increases risk of liability for accidents. Councilmember Duplant suggested that this item be tabled at this time, so that more info can be obtained before approval. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to table Resolution No. 2024-03, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the purchase of 1111 Boston Avenue. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. m. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve the Agreement for Services between the City of Nederland and the Nederland Economic Development Corporation. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. Minutes continued, February 12, 2024 n. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to approve Resolution No. 2024-04, establishing moratorium on the acceptance of Emergency Medical Services permit applications through the end of the calendar year to allow the Fire Chief time to review the existing emergency medical services requirements and regulations. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Councilmember Duplant. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • The Chamber Coffee is tomorrow, Feb. 13th at the Nederland Heritage Festival office. • The City will be closed Monday, Feb. 19th, in observance of President's Day. Garbage will be delayed one day. Mayor Pro Tern Sonnier asked Rob Woods, Director of Public Works, about procedures in place to prevent this problem from happening again so that we don't have businesses shut down or businesses still operating without abiding by the boil water notices. He asked what would a stop-measure be - for issues like pressure building, low chemical usage, having lack of flow. Mayor Albanese stated that he examined the piece of pipe that caused the issue and it appeared to resemble a vein clogged with cholesterol. Mayor Pro Tem Sonnier stated that with discharge pressure the pumps should be going up and flow rate going down. Rob Woods stated that the City is preparing to rework the plant and running individual lines for each of those chemical feeds instead of running them thru a manifold. This incident that happened was a slow-building issue, it did not happen overnight. Councilmember Duplant asked if this was a metered flow that is tracked and controlled. Mr. Woods stated that our Water Plant system is an older one and does not have the upgrades that will be added in the rework of the plant. The current system does not have an individual flow meter on it. Councilmember Duplant asked if there was an investigation or write-up on this incident. Mr. Woods stated that there was an internal investigation completed. 6. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:17 p.m. CM Ctees-0-42- Don Albanese, Mayor City of Nederland, Texas ATTEST: \��uiunmiuur U erwood, City Clerk 4%' Joni tt; &WO/ Aijo City of Nederland, Texas =n.14 f\ � . 4• CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor // ✓ Bret Duplant Council Member-Ward I �f Vi a Z 00141 Sylvia Root Council Member-Ward II t/ Randy Sonnier Council Member-Ward III David Guillot Council Member-Ward IV Chris Duque City Manager Joni Underwood City Clerk Ghfis Leavirrs Scut Wowkr&4 City Attorney c/ Heather Stucker Director of Finance v' Gary Porter Police Chief ✓ Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Molli Hall Librarian Holly Guidry Human Resources Director Toby Latiolais Parks Director Piaagee-e-a-e Don AIban/ese, Mayor 114tetadzybot Joni Unde t ood, City Clerk 2-12-24 Date 4:36 PM Nederland Chamber of Commerce HOTEL-1 MOTEL 01/09/24 Balance Sheet Accrual Basis As of December 31,2023 Dec 31,23 ASSETS Current Assets Checking/Savings Share 0 25.00 FIVE POINT CU(HIM) 41,983.97 Total Checking/Savings 42,008.97 Total Current Assets 42,008.97 Fixed Assets FURNITURE AND FIXTURES 2,636.50 accum.depreciation -11,838.30 leasehold improvement 22,306.48 Total Fixed Assets 13,104.68 TOTAL ASSETS 55,113.65 LIABILITIES&EQUITY Equity Retained Earnings 68,160.15 Net Income -13,046.50 Total Equity 55.113.65 TOTAL LIABILITIES&EQUITY 55,113.65 Page 1 4:34 PM Nederland Chamber of Commerce HOTEL/MOTEL 01/09/24 Profit & Loss Cash Basis October through December 2023 - Oct Dec 23 Jan-Dec 23 Income Hotel/Motel 46,705.61 67;987.61 Total Income 46,705.61 67,987.61 Gross Profit 46,705.61 67,987.61 Expense Office Building Renovation 0.00 1,314.65 Museum Museum Bonus 625.00 625.00 Payroll Taxes 1,223.75 6,352.96 Salaries=Museum 6,492.95 33,101.91 Janitorial Pest Management 206.00 438.00 Total Janitorial 206.00 438.00 Maintenance 1,620.00 6,480.00 Total Museum 10,167.70 46,997.87 Office Expenses Copier 161.10 726.36 Insurance 523.44 2,218.96 Utilities&Phone Electric 98.84 726.57 Gas 61.95 153.10 Telephone 303.84 1,312.00 Total Utilities&Phone 464.63 2,191.67 Total Office Expenses 1,149.17 5,136.99 Dues&Subs South County Breakfast Lio... 0.00 70.00 Dues&Subs-Other 0.00 549.00 Total Dues&Subs 0.00 619.00 Advertising Billboards 2,436.00 11,123.00 Website 0.00 92.60 Advertising Other 0.00 15,750.00 Total Advertising 2,436.00 26,965.60 Total Expense 13,752.87 81,034.11 Net Income 32,952.74 -13,046.50 Page 1 4:36 PM Nederland Chamber of Commerce HOTEL/MOTEL 01/09/24 Deposit Detail October through December 2023 Type Num Date Name Account Amount Deposit 11/20/2023 FIVE POINT CU(H/... 46,705.61 CITY OF NEDERL... Hotel/Motel -39,481.56 CITY OF NEDERL... Hotel/Motel -7,224.05 TOTAL -46,705.61 • Page 1 4:35 PM - Nederland Chamber of Commerce HOTEL!MOTEL 01/09/24 Check Detail October through December 2023 Type Num Date Name Item Account Paid Amount Check 5135 10/09/2023 Johnny's Lawn Se... FIVE POINT CU(H/... Maintenance -540.00 TOTAL -540.00 Check 5136 10/09/2023 NEDERLAND CHA... FIVE POINT CU(HI... Salaries-Museum -1,596.77 Payroll Taxes -293.72 TOTAL -1,890.49 Check 5137 10/23/2023 CCA Premium Fin... FIVE POINT CU(H/... Insurance -153.42 TOTAL -153.42 Check 5138 10/2312023 Bill Clark Bugsperts FIVE POINT CU(H/... Pest Management -116.00 TOTAL -116.00 Check 5139 10/23/2023 ENTERGY FIVE POINT CU(H/... Electric -56.18 TOTAL -56.18 Check 5140 10/23/2023 SPECTRUM FIVE POINT CU.(H/... Telephone -101.28 TOTAL -101.28 Check 5142 10/23/2023 Lamar Companies FIVE POINT CU(H/... Billboards -812.00 TOTAL -812.00 Check 5143 10/23/2023 WELLS FARGO V... FIVE POINT CU(H/... Copier -53.70 TOTAL -53.70 Check 5144 10/31/2023 NEDERLAND CHA... FIVE POINT CU(HI... Salaries-Museum -1.,249.16 Payroll Taxes -236.06 TOTAL -1,485.22 Page'1' 4:35 PM Nederland Chamber of Commerce HOTEL/MOTEL 01/09/24 Check Detail October through December 2023 Type Num Date Name Item Account Paid Amount Check 5155 12/01/2023 Lamar Companies FIVE POINT CU(H/... Billboards -812.00 TOTAL -812.00 Check 5156 12/04/2023 Greg Alport FIVE POINT CU(HI... Museum Bonus -100.00 TOTAL -100.00 Check 5157 12/04/2023 Carol Culp FIVE POINT CU(H/... Museum Bonus -150.00 TOTAL -150.00 Check 5158 12/04/2023 Orville Dombrosky FIVE POINT CU(H/... Museum Bonus -100.00 TOTAL -100.00 Check 5159 12/04/2023 Greg Poppke FIVE POINT CU(HI... Museum Bonus -100.00 TOTAL -100.00 Check 5160 12/04/2023 Debbie Dombrosky FIVE POINT CU(H/... Museum Bonus -100.00 TOTAL -100.00 Check 5161 12/04/2023 Tere Ramirez FIVE POINT CU(H/... Museum Bonus -75.00 TOTAL -75.00 Check 5162 12/0412023 NEDERLAND CHA... FIVE POINT CU(H/... Salaries-Museum -1,148.76 Payroll Taxes -219.48 TOTAL -1,368.24 Check 5163 12/12/2023 Johnny's Lawn Se... FIVE POINT CU(H/... Maintenance -540.00 TOTAL -540.00 Check 5164 12/12/2023 SPECTRUM FIVE POINT CU(H/... Telephone -101.28 TOTAL -101.28 Page 3 1 12:01 PM Nederland Chamber of Commerce HOTEL.!MOTEL 01/05/24 Reconciliation Detail FIVE POiNT CU(HIM),Period Ending 12131/2023 Type Date Num Name Clr Amount Balance Beginning Balance 48,006.67 Cleared Transactions Checks and Payments-14 Items Check 12/01/2023 5155 Lamar Companies X -812.00 -812.00 Check 12/01/2023 5153 CAA Premium Anon... X -153.42 -965,42 Check 12/01/2023 5154 Bill Clark Bugsperts X -90.00 -1,055.42 Check 12/04/2023 5162 NEDERLAND CHA... X -1,368.24 -2,423.66 Check 12/04/2023 5157 Carol Culp X -150.00 -2,573.66 Check 12/04/2023 5158 Orville Dombrosky X -100.00 -2,673.66 Check 12/04/2023 5160 Debbie Dombrosky X -100.00 -2,773.66 Check 12/04/2023 5156 Greg Alport X -100.00 -2,873.66 Check 12/04/2023 5161 Tere Ramirez X -75.00 -2,948.66 Check 12/12/2023 5165 NEDERLAND CHA... X -1,705.98 -4,654.64 Check 12/12/2023 5163 Johnny's Lawn Servi... X -540.00 -5,194.64 Check 12/12/2023 5164 SPECTRUM X -101.28 -5,295.92 Check 12/18/2023 5166 TEXAS GAS SERVI... X -33.08 -5,329.00 Check 12/22/2023 5167 WELLS FARGO VE... X -53.70 -5,382.70 Total Checks and Payments -5,382.70 -5,382.70 Total Cleared Transactions -5,382.70 -5,382.70 Cleared Balance -5,382.70 42,623.97 Uncleared Transactions Checks and Payments-2 items Check 10/31/2023 5145 Johnny's Lawn Servi... -540.00 -540.00 Check 12/04/2023 5159 Greg Poppke -100.00 -840.00 Total Checks and Payments -640.00 -640.00 Total Uncleaned Transactions -640.00 -640.00 Register Balance as of 12/31/2023 -6,022.70 41,983.97 New Transactions Checks and Payments-5 items Check 01/02/2024 5168 NEDERLAND Ci-IA... -1,563.33 -1,563.33 Check 01/02/2024 5171 Lamar Companies -812.00 -2,375.33 Check 01/02/2024 5170 Johnny's Lawn Servl... -540.00 -2,915.33 Check 01/02/2024 5169 ENTERGY -36.39 -2,951.72 Check 01/04/2024 5172 NEDERLAND CHA... -1,733.85 -4,685.57 Total Checks and Payments -4,685.57 -4,685.57 Total New Transactions -4,685.57 -4,685.57 Ending Balance -10,708.27 37,298.40 f N F, i 1 Pa1 RESOLUTION NO. 2024-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING ACCOUNT SIGNERS FOR THE CITY OF NEDERLAND'S TEXPOOL INVESTMENT ACCOUNT WHEREAS,the City of Nederland is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds;and WHEREAS,it is in the best interest of the City of Nederland to invest local funds in investments that provide for the preservation and safety of principal, liquidity,and yield consistent with the Public Funds Investment Act;and WHEREAS, the Texas Local Government Investment Pool ("Texpool/Texpool Prime"), a public funds investment pool,were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal,liquidity,and yield consistent with the Public Funds Investment Act. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: Section 1. The City's investment officers (city manager and finance director) are authorized representatives of the participant and are each hereby authorized to transmit funds for investment in Texpool/Texpool Prime and are each further authorized to withdraw funds from time to time,to issue letters of instruction,and to take all other actions deemed necessary or appropriate for the investment of local funds. Section 2.An authorized representative of the City may be deleted by a written instrument signed by two remaining authorized representatives provided that the deleted authorized representative (1)is assigned job duties that no longer require access to the participant's Texpool/Texpool Prime account or(2)is no longer employed by the City. Section 3. The City may by amending the resolution add an authorized representative provided the additional authorized representative is an officer,employee,or agent of the City. Section 4. 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 5. This resolution shall become effective from and after its passage. PASSED AND APPROVED by the Nederland City Council this the 12TH day of February 2024. ADry Don Albanese, Mayor City of Nederland,Texas ATTEST: ` Ullf,D����/ l, Joni derwood, City Clerk ;�.�"OF NED, APPROVED AS TO FORM AND LEGALITY: '` ••'••••• C/2,:co wr fats- •raV ‘W):C7 EL:. 2• �� (Sp Chris Leavins, City Attorney • ••• � OF JEFF 111111111„\, ORDINANCE NO.2024-03 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,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 12th DAY OF FEBRUARY,2024. Ioela filt-eVa.-91 on Albanese,Mayor City of Nederland,Texas ATTEST: tfriChAAVOI Joni U derwood,City Clerk \oa«niiiiiirtn,,,, 4 APPROVED AS TO FORM AND LEGALITY: O..•• N.�'--..0 :11.ait; d/N.;,-0 Chris Leavins,City Attorney 0/, a�.,`F4S-,`\ '�'ImnJii ii0° 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2023-2024 DATE: February 12,2024 DEPARTMENT: Various FUND: General(01),Parks Special(25), Capital Outlay(31), Equipment Replacement-W/S(36), Water&Sewer(50) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4120 Industrial In Lieu of Taxes 3,100,000 152,000 3,252,000 01-5100-6350 Buildings&Structure Improvements 10,000 12,000 22,000 01-9000-6904 Transfer to Parks Special 500,000 140,000 640,000 25-0000-4910 Transfer In 500,000 629,977 1,129,977 25-0000-6720 Buildings,Fixtures,and Grounds 475,000 1,079,977 1,554,977 31-0000-6904 Transfer to Parks Special - 489,977 489,977 36-0000-6744 Miscellaneous Equipment 155,000 49,897 204,897 50-6000-6740 Plant Equipment . - 49,897 49,897 TOTAL 1,130,000 2,299,725 3,429,725 JUSTIFICATION It is necessary to fund the Doornbos Park Pond project,Windmill light project,and the purchase of two pumps at the WTP. In the General Fund,the Parks Dept 6350 allocation is increased for the Windmill light project,and the Transfer-out to the Parks Special Fund is increased to fund the Doornbos Park Pond project change order; the Industrial Tax revenue line-item is increased to offset these increases. In the Parks Special Fund,the Transfer-in line-item is adjusted to reflect the transfers from the GF and Capital Outlay Fund. The Pond project is fully funded using carryover funds and the transfers-in. In the Capital Outlay Fund,funds are transferred out to the Parks Special Fund for the pond project. In the Equipment Replacement Fund-W/S,funds are allocated to purchase one new pump for the WTP;in the W/S fund,additional funds are allocated to purchase a pump. Dept.Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of RESOLUTION NO. 2024-03 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 andby 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 the acquisition of 1111 Boston Avenue in an aggregate maximum amount of not more than Two Hundred Thousand dollars($200,000.00),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 12th day of FEBRUARY,2024 at which meeting a quorum was present and voting. 1'©oi4 a i1 r,N i1-PJ Don Albanese,Mayor City of Nederland,Texas ATTEST: i/ livr/ uc , r Joni Un•erwood,City Clerk `00ttt11111ff1111,,,,' City of Nederland,Texas `�N�� R��'`', APPROVED AS TO FORM AND LEGALITY: r ��j7 '� _s x}01:z (41 Chris Leavins,City Attorney ''"4'/YOF��� City of Nederland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 26TH day of FEBRUARY, 2024 at which meeting a quorum was present and voting. Don Albanese,Mayor City of Nederland,Texas ATTEST: Joni Underwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Chris Leavins,City Attorney City of Nederland,Texas /,ry71tt��l�ptt- RESOLUTION NO. 2024-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF EMERGENCY MEDICAL SERVICES APPLICATIONS THROUGH THE END OF THE CALENDAR YEAR TO ALLOW THE FIRE CHIEF TIME TO REVIEW THE EXISTING EMERGENCY MEDICAL SERVICES REQUIREMENTS AND REGULATIONS WHEREAS, Ordinance No. 2004-05 was adopted on July 12, 2004 and regulates ambulance and emergency medical services within the City; and WHEREAS, in the past 19 years since the adoption of the Ordinance, the business and medical science of EMS has changed significantly; and WHEREAS, the City's current EMS permit holder, Acadian Ambulance Service continues to provide the Nederland community with satisfactory EMS service; and WHEREAS, the present EMS environment in Southeast Texas is in a state of rapid change; and WHEREAS, it is prudent for the City to take steps to evaluate the existing Ordinance in light of current circumstances and to likely propose amendments to the Ordinance, if deemed necessary by the Fire Chief. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section I. Effective immediately, a moratorium is hereby established prohibiting the acceptance of any EMS permits through the end of the calendar year (December 31, 2024). Section II. This moratorium shall not prevent the Fire Chief from issuing a temporary EMS provider permit for up to 90 days in the event the City's current EMS provider is unable to provide service anytime during the period of the moratorium. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 12TH day of FEBRUARY, 2024. on Albanese, Mayor ATTEST: ‘4,8 04{dektizNV r,rrr Joni nderwood, City Clerk \O NEDFR ''',, APPROVED AS TO FORM AND LEGALITY: %� �'• 4 64A; (.114ri:;1'2 1°4— 7:4 -, •'.Chris Leavins, CityAttorney Ite !moo •