March 25, 2024 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND •
4:30 p.m. March 25, 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 thru c" as presented. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
a. Minutes - March 11, 2024 regular meeting
b. February 2024 Departmental Reports
c. Tax Assessor Collection Report - February 2024
4. REGULAR AGENDA
a. A motion was made by Councilmember Root and seconded by Councilmember
Guillot to approve a proclamation in regard to 'American Red Cross Month.'
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Michael Chambers, representative for the American Red Cross, received the
Proclamation and thanked the City for our assistance.
b. City Manager, Chris Duque, recognized the Jefferson County Master Gardeners Club
for their volunteer gardening work on Boston Avenue. Toby Latiolais, Parks
Director, presented Mary Ann Kilpatrick with a plaque to thank the club for their
assistance in tulip planting along Boston Avenue.
c. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Sonnier to approve Ordinance No. 2024-06, suspending the rates proposed by
Texas Gas Service Company's Gas Reliability Infrastructure Program filing made on
Minutes continued, March 25, 2024
February 9, 2024. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque, City Manager, stated that the GRIP (Gas Reliability Infrastructure
Program) Statute permits gas utility companies to request annual rate increases
associated with year-to-year changes in incremental investment. During the 2023
calendar year, TGS calculated that their capital investment in the Central-Gulf
Service Area increased by $94,774,123. The City's utility consultant, Dan Lawton
recommends the City suspend the GRIP rate increase for 45 days beyond TGS's
proposed effective date until May 24, 2024 while the GRIP application is reviewed.
The review process of a GRIP filing is generally a ministerial review limited to
ensuring that the GRIP filing complies with the GRIP Statute.
d. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Guillot to approve Ordinance No. 2024-07, establishing the hours of operation,
procedures, facility rental fees, pool rental/passes, and league fees for the
Nederland Recreation Center and Nederland Swimming Pool. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
The pool hours were amended as follows:
o OPEN SWIM would change from the current 1 to 7PM (Wed. - Sat.) and 1 to
5PM (Sun.) to the proposed 1 to 7PM (Tues., Wed., Fri., and Sat.) and 1 to
6PM (Thurs.)
o Community Nights on Thursdays from 6 to 8:30PM
o Private party rentals after Open Swim on Tuesday, Wednesdays, Fridays, and
Saturdays; Sunday would have three party rental slots but no Open Swim
time.
o No fee adjustments are proposed.
The proposed pool hours of operation result in an additional hour of OPEN SWIM
time available to the public, and an additional hour and half of pool party rental
time. The biggest schedule change is eliminating OPEN SWIM time available on
Sundays, replacing this with the OPEN SWIM time on Tuesdays; the attendance
records from last pool season indicate Sundays have lower utilization that support
shifting the OPEN SWIM time to Tuesdays. The Parks Director discussed the
proposed 2.5 hour increase in the weekly pool schedule with the YMCA of SETX; the
YMCA representatives indicated this slight increase was manageable. It is
anticipated that the greater staffing cost resulting from the increased number of
pool hours will be offset by increased revenue from admission fees and pool party
rental fees.
e. A motion was made by Councilmember Duplant and seconded by Councilmember
Root to approve a request from Brian English to utilize the Nederland Recreation
Center gymnasium for a basketball league. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Toby Latiolais, Parks Director, has reviewed the existing gymnasium usage
ordinance and the historical utilization of the gymnasium, and has expressed
concern with the inconsistency in fees. He will complete a review of gymnasium
rental fees charged by other entities to include NISD.
f. A motion was made by Councilmember Root and seconded by Councilmember
Guillot to authorize the purchase of Christmas decorations via state-approved
................ .
Minutes continued, March 25, 2024
contract, from Holiday Outdoor Decor in the amount of $19,192.75. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque, City Manager, stated that while decorating for Christmas in November,
the Parks Director identified the condition of many of the existing decorations which
required replacement. The purchase includes 54 pole decorations (candy canes), a
new 42" fiberglass ornament (replace the old red "Merry Christmas from
Nederland" ornament), and a snow machine (annually a machine is rented for Tex
Ritter Park). The total purchase with shipping is $19,192.75.
g. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Root to approve an agreement with Holiday Outdoor Decor for Christmas decoration
services, in the amount of$46,100. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque, City Manager, stated that last Christmas, comments were made
regarding the need to enhance the Christmas decor at Tex Ritter Park. With the
lighting improvements scheduled to be completed later this summer, the park can
handle additional decorations and lights. The annual cost of the three-year lease
totals $46,100; this includes the lease cost of the lights and decorations, shipping
storage, and installation and takedown. For 2024, a 50% deposit will be necessary
with the remainder paid after takedown; for 2025 and 2026, the entire payment
would be due at takedown. The features would improve foot traffic through the
park, and the large teddy bear near the front would be a photo op location. It is
possible for smaller features to be purchased and added to the park as well.
Chris Duque stated that the shipping fee is $3,000, not $1,500, as stated in the
Friday letter.
h. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Root to approve Ordinance No. 2024-08, amending the fiscal year 2023-2024
budget. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque stated in the General Fund, the Parks Department's special program
supplies and contractual service line-items are adjusted for the Christmas decor
purchase and lease agreement expenses. This additional cost is offset by
increasing the interest income to ensure the GF remains balanced. In the
Water/Sewer Fund, the Water Treatment Plant's contractual services line-item is
adjusted for the WTP assessment; in addition, an ARPA (Coronavirus Local Fiscal
Recovery Fund) line-item is created with an allocation for the engineering services
related to the WTP Clarifier and Waterline Replacement projects. The increased
expenditures are offset by increasing the interest income revenue and creating the
federal grant-ARPA revenue line-item.
i. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Guillot to authorize the solicitation of Request for Proposals for Debris Removal
Services and Emergency Products, Equipment and Services. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque stated the City's existing Debris Removal Services and Emergency
Minutes continued, March 25, 2024
Products, Equipment, and Services contract expires on June 30, 2024; the cities of
Nederland, Port Neches, and Groves jointly bid these services with each City having
its own individual contract. Per FEMA guidelines, two firms must be selected. The
RFP specifications have been reviewed by the Fire Chief and Public Works Director.
The three mid-county cities plan to award the RFP as a group.
j. A motion was made by Councilmember Root and seconded by Councilmember
Duplant to authorize the solicitation of Request for Proposals for Debris Monitoring
Services. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque stated the City's current provider is True North; this contract was
awarded in 2019; and the contract was renewed for three additional years in 2021.
The cities of Nederland, Port Neches, and Groves jointly bid these services with
each City having its own individual contract. The RFP specifications,have been
reviewed by the Fire Chief and Public Works Director. The three mid-county cities
plan to award the bid as a group.
k. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember
Guillot to approve an engineering services agreement with Westwood to assess the
Water Treatment Plant to determine necessary improvements. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque stated the facility assessment will consist of a tour of the WTP with
operations staff to discuss current operations and conditions; Westwood will
prepare a facility assessment documenting the existing conditions accompanied by
recommendations for rehabilitation or improvements. The recommendations for
rehabilitation or improvements work will include a preliminary estimate of
construction costs and a schedule for potential implementation. Following
February's boil water notice, the Public Works staff determined it was necessary to
complete this assessment to determine the need and timing for possible
improvements to the WTP. The cost of the assessment is $31,500 that shall be
paid via the Water Treatment Plant's contractual services line-item.
I. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember
Duplant to approve an engineering services agreement with Westwood for
engineering services related to the Water Treatment Plant Clarifier Rehabilitation
project. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque stated the water treatment plant clarifier is in need of rehabilitation to
be placed back into service. The project includes demolition of the existing clarifier
components and replacement with various materials, such as influent flocculation
well, flocculation skirt, clarifier drive and motor, agitator, as well as blasting and re-
coating of rake arms, piping modifications, protective coatings, miscellaneous metal
repairs and full electrical replacement. The proposed cost is $107,477.50, which
includes project management and coordination, survey services, design, bid
services, construction administration, and protective coatings inspection services;
the contract shall be paid via the Coronavirus Local Fiscal Recovery Fund.
Don Albanese, Mayor, asked how often this clarifier rehab project should be
completed. Rob Woods, Director of Public Works, stated this clarifier has not been
Minutes continued, March 25, 2024
rehabilitated in over 20+ years. The life expectancy of a clarifier is approximately 15
years.
m. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Root to engage Soutex Surveyors and Engineers, Inc. for engineering services
related to the 2024 Waterline Replacement project. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque stated the cost of the proposed engineering services agreement is
$238,831 that shall be paid via the Coronavirus Local Fiscal Recovery Fund. The
scope of work includes fieldwork, design phase, bid services, construction
management/observation, and recording drawings and preparing final documents.
n. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Guillot to authorize the solicitation of bids for the 2024 Concrete Street Program.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Chris Duque stated the proposed projects are Nederland Avenue from the railroad
tracks to 1st Street and 27th Street from Nederland Avenue to Avenue H. The
project would be paid via the Street Improvement Fund and the 2023 Certificates
of Obligation fund. Based on concerns with the possible cost, staff has prepared for
the possibility of both street segments being divided into phases similar to the
approach taken with the Avenue H concrete project. The bid would be awarded at
the April 22nd City Council meeting.
o. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Guillot to accept the Fiscal Year 2022-2023 audit as prepared by Wathen, DeShong
&Junker LLP. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Pat O'Neill of Wathen, DeShong & Juncker, LLP was present to review the
Comprehensive Annual Financial Report (audit) for the fiscal year ending
September 30, 2023. He summarized the auditor's report and stated it was a
clean audit opinion.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• City offices will be closed on Friday, March 29th, for Good Friday.
• Chris Duque wished everyone a happy Easter.
Mayor Pro Tem Sonnier stated that the Westwood contract on the clarifier rehab
project had a well-written section on errors and omissions and asked if this clause was
included in the contract on the Doornbos Park Pond Improvements project. He
requested this item be put on the agenda for discussion. Councilmember Duplant
stated that the additional $150,000 Change Order on the Pond Improvements Project
was clearly an error in the contractor's bidding process and the city should be
reimbursed if the errors and omissions clause was in their contract. Chris Duque
stated that Chris Leavins, City Attorney, would review the Doornbos Park Pond
Improvements project contract for errors and omissions language.
Minutes continued, March 25, 2024
8. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:21 p.m.
/ay agt12.-/N.D.,
Don Albanese, Mayor
City of Nederland, Texas
ATTEST:
I, 6
Joni !nderwood, City Clerk
City of Nederland, Texas
......
;�
:q „ ir
\ 1df:z=
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
Chris Leavins City Attorney
Heather Stucker Director of Finance
Gary Porter Police Chief
Terry Morton Fire Chief V
Robert Woods Director of Public Works 1
George Wheeler Building Official ✓
Molli Hall Librarian
Holly Guidry Human Resources Director e�
Toby Latiolais Parks Director
`Don Albanese, Mayor
Ak14-iiaLel \``
Joni Unde good, City Clerk �� •' /* � �•.�
f"1/4 ityLw
3 25 24 • 4i�c�,
Date '�� � .....�
)
•\11. •N: TERRY WUENSCHEL, PCC
INTERIM TAX ASSESSOR-COLLECTOR
4e.
JEFFERSON COUNTY,TEXAS
\ PR X Pe
:STATE OF TEXAS
cOONTY OF'JEFFERSON
I, Terry
Wuensche1, 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 tins amount$768,024.88,represents all taxes
collected for CITY OF NEDERLAND.during the month ofFebruary 2024.
Terry WutnSChel,P.C.C..
MAILING ADDRESS A. P.:0.Box 2112 s BEAVIVIONT,TEXAS 777042112
PHYSICAL ADDRESS,4b 1149 PEARL • BEAUMONT,TEXAS 77701
PHoNE:409-835-851 6 • FA:It:409-835-8589
ORDINANCE NO. 2024-06
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS SUSPENDING
THE RATES PROPOSED BY TEXAS GAS
SERVICE COMPANY'S ("TGS" OR"COMPANY")
GAS RELIABILITY INFRASTRUCTURE
PROGRAM ("GRIP") FILING MADE WITH THE
CITY ON OR ABOUT FEBRUARY 9, 2024;
FINDING THAT THE MEETING COMPLIES
WITH THE OPEN MEETINGS ACT; MAKING
OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT, AND DECLARING AN
EFFECTIVE DATE
WHEREAS, on or about February 9, 2024, Texas Gas Service
Company ("TGS" or"Company") filed an Annual GRIP adjustment with
the City of Nederland ("City") to increase gas rates in the Central/Gulf
Service Area pursuant to Gas Utility Regulatory Act, Tex. Util. Code
("Gas Utility Regulatory Act") § 104.301; and
WHEREAS, the Company proposed an effective date for the
proposed increase of April 9, 2024, unless the City suspends the date
for a period no longer than forty-five (45) days; and
WHEREAS, the City has exclusive original jurisdiction over the
rates, operations, and service of a gas utility in areas in the municipality
pursuant to Gas Utility Regulatory Act § 103.001; and
WHEREAS, Gas Utility Regulatory Act § 103.001 requires a
streamlined process for the recovery of the costs of incremental
investment by a gas utility; and
WHEREAS, the City's review of TGS's GRIP filing is limited to a
ministerial review of the filing for compliance with the statute; and
WHEREAS, the City finds the need to suspend the effective date
of the Company's proposed rate increase for 45 days beyond the
Company's proposed effective date until May 24, 2024 in order to review
the Company's filing for compliance with Gas Utility Regulatory Act §
104.301; and
WHEREAS, the reasonableness of the Company's investment will
be reviewed in a future base rate case where all costs included in the
Company's GRIP filing will be subject to refund.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS, THAT:
Section 1. The statement and findings set out in the preamble to
this ordinance are hereby in all things approved and
adopted.
Section 2. The effective date of the Company's proposed GRIP
rate increase and the proposed tariffs related thereto,
is hereby suspended until May 24, 2024.
Section 3. To the extent the City finds that the rates proposed
by the Company's filing comply with Gas Utility
Regulatory Act § 104.301 then the rates will become
effective by operation of law on May 24, 2024.
Section 4. The meeting at which the ordinance was approved
was in all things conducted in strict compliance with
the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 5. This Ordinance shall become effective from and after
its passage.
PASSED AND APPROVED this 25TH day of MARCH, 2024.
Et,D"
on Albanese,Mayor
City of Nederland,Texas
ATTEST:
LJ 61441010115,
Joni derwood,City Clerk
City of Nederland, ‹,vo.).Q ,,,
APPROVED AS 0 FORM AND LEGALITY: :r 0' )-Q
Chris Lea ins, I y Attorney �i„%//�OF'� o
City of Nederland,Texas
THE LAWTON LAW FIRM, P.C.
12600 Hill Country Blvd.,Suite R-275 • Austin,Texas 78738 • 512/322-0019 • Fax:512/329-2604
March 11,2024
Via E-Mail
Ms. Sharae Reed Mr.Kenneth R. Williams
City Attorney—City of Beaumont City Manager—City of Beaumont
P.O.Box 3827 P.O. Box 3827
Beaumont, Texas 77704 Beaumont,Texas 77704
Mr.Kevin Carruth Mr.Brandon Monk
City Manager—City of Groves City Attorney—City of Groves
3947 Lincoln Avenue 4875 Parker Drive
Groves,Texas 77619-4604 Beaumont,TX 77705
Mr. Christopher Duque Mr. Chris Leavins
City Manager-City of Nederland City Attorney—City of Nederland
P.O.Box 967 P.O.Box 4915
Nederland, TX 77627 Beaumont, Texas 77704-4915
Mr.Ronald Burton Ms. Val Tizeno
City Manager—City of Port Arthur City Attorney—City of Port Arthur
P.O. Box 1089 P.O. Box 1089
Port Arthur, Texas 77640 Port Arthur, TX 77640
Mr.Andre' Wimer Mr.Lance Bradley
City Manager-City of Port Neches City Attorney—City of Port Neches
P.O. Box 758 P.O.Box 1148
Port Neches,Texas 77651 Port Neches,Texas 77651
Re: Texas Gas Service Company's 2024 GRIP Adjustment for the Incorporated
Areas of the Central-Gulf Service Area
Dear Cities:
On or about February 9, 2024,Texas Gas Service Company ("TGS" or"Company") filed
a Gas Reliability Infrastructure Program ("GRIP") adjustment factor with each of your
communities in the Central-Gulf Service Area of the Company. The Company is authorized to
make annual GRIP rate change requests pursuant to Texas law passed in 2003, Gas Utility
Regulatory Act, TEX. UTIL. CODE § 104.301 ("GRIP Statute") also see Section 7.7101 of the
1
Railroad Commission of Texas ("Commission") Gas Services Division Rules. The GRIP Statute
authorizes gas utility companies to request annual rate increases associated with year-to-year
changes in incremental investment. The changes in investment are not subject to reasonableness
review in the GRIP filing.Instead,all amounts collected under a GRIP filing are considered interim
rates subject to review and refund in the Company's next base rate proceeding.
The Company has determined that TGS's capital investment in the Central-Gulf Service
Area has increased by $94,774,123 during calendar year 2023. The carrying cost on this
incremental GRIP investment results in the following average monthly customer bill impact for
each affected customer class:
Customer Impact Summary
CUSTOMER CLASS MONTHLY BILL INCREASE
RESIDENTIAL $2.64
COMMERCIAL $12.26
INDUSTRIAL $217.07
PUBLIC AUTHORITY $22.40
PUBLIC SCHOOL SPACE HEATING $22.40
The GRIP Statute provides that the proposed GRIP rate surcharge will become effective
60 days from the date of the Company's filing or April 9, 2024, unless suspended by the Cities.
Cities may suspend the GRIP rate increase for an additional 45 days beyond the Company's
proposed effective date of April 9, 2024, while reviewing the GRIP application. Attached to this
letter is a Rate Ordinance for your consideration.This Rate Ordinance will suspend the GRIP rate
effective date until May 24, 2024. Please remember, if your City wishes to suspend the
proposed rates you must take action by passing the attached Rate Ordinance prior to April
9, 2024. Otherwise, the Company's requested rates will go into effect on April 9, 2024. If you
cannot meet the April 9, 2024, deadline but wish to take action, please let me know and I will
request an extension from the Company.
The review process of a GRIP filing is generally a ministerial review limited to ensuring
that the GRIP filing complies with the GRIP Statute. See Atmos Energy Corp..v. Cities of Allen,
353 S.W. 3d 156 (Tex. 2011).
During the suspension period, any issues related to whether the GRIP filing comports with
the GRIP filing rules can be reviewed so that Cities may make a final decision on this GRIP
proposal. Please send a completed copy of the final Rate Ordinance to us either by fax or
email to molly@mayhallvandervoort.com and danlawtonlawfirm@gmail.com.Again, if you
cannot meet the April 9, 2024, deadline but wish to take action, please let me know and I will
request an extension from the Company.
2
If there are any questions or concerns,please do not hesitate to call.
Sincerely,
Molly Mayhall Vandervoort
3
ORDINANCE NO. 2024-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS ESTABLISHING HOURS OF
OPERATION, PROCEDURES, FACILITY RENTAL FEES,
POOL RENTAL/PASSES, AND LEAGUE FEES FOR THE
NEDERLAND RECREATION CENTER AND THE.
NEDERLAND SWIMMING POOL AS SHOWN IN EXHIBIT"A";
REPEALING ORDINANCE NO. 2023-07; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Nederland has been presented with hours of
operation, procedures, and a schedule of fees for the Nederland Recreation Center and the
swimming pool for its acceptance and adoption;and
WHEREAS,the City Council of the City of Nederland deems it advisable and to be in the
best interest of the citizens of Nederland to adopt the hours of operation, procedures,and fee
schedule for the Nederland Recreation Center and the swimming pool as shown in Exhibit"A"
attached;and
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
Section 1. The hours of operation, procedures, and fee schedules as shown in Exhibit
"A"attached,which is incorporated herein by reference,is hereby approved
and adopted;and
Section 2. Ordinance No. 2023-07 shall be repealed when this Ordinance becomes
effective;and
Section 3. This ordinance 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 25TH day of
MARCH,2024.
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
(c011ilitAarniabg/
Joni Und rwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
•
Ch ' ins,C y orney
City of Nederland,Texas � � 1�
RECREATIONAL FACITILTY USE FEES .
Any and all fees may be waived at any time by city council action.
RECREATION---- BUILDING NON-RESIDENT FEES
���
(ISD Students(under 19 with valid School ID) `No charge
Daily Monthly Quarterly Annual
Other Non-residents(full building use) $8.00
$30.00 $so.00, $200.00
College Students $5.00
Monthly Quarterly Annual
Hoop-N-Spike Club(Gym&Game room use only) $20.00 $50.00,' $120.00
Racquetball Club(racquetball court only)available for residents and non-resits $.20:0,0den0:Oo $50.00 $120.00
.F. r
All patrons,resident and non-resident,must register at front desk to be'grnted use of facilitfy I'.D.Required for entry—no
one under the age of 12 will be granted admittance without adult supervision.'
• All minors between the age of 12 and'.18 can be. issued an ID upon enrollment by a
parent/guardian. For both Nederland and Non=Nea.erlaiid residents there will be a replacement
card fee of$8.00 if the ID is lost and.the Nederland:Recreation Center has to reprint an ID for
each occurrence.
4.
RECREATION BUILDING RENTAL FEES:
All activities and applications.;must-be.:approved by the Parks & Recreation Director before
transaction is fmalized; The,Danks & Recreation Director retains the right to refuse facility rental
to any individual or'.organizat on 1'or any reason. All after-hour functions must be reserved five
business days before desired date.
Resident r -' Current Rates — Proposed Rates i
Hourly Rates (Business Hours After Hours Deposit Business Hours After Hours
1 Racquetball„(per player,max two hours) $2.00 N/A N/A 1
Gymnasium(2-hour minimum)-After hours only N/A $50.00 N/A
I _
Game Room-After hours only N/A $50.00 N/A
Van Gogh(Rooms 111/112)(3-hour minimum) $40.00 $50.00 N/A
(Rembrandt(Room 129)(3-hour minimum) $40.00 $50.00 N/A
Kitchen �1$10.00T $10.00 N/A
Three Rooms(3-hour minimum) N/A $I50.00 N/A
Vermeer(Room 124) N/A N/A
.
.
Outdoor Facilities(permit issued) N/A N/A
|**Functions exceeding 75 up to 100 persons will be charged$1.00 per person over 75.
.mon-Resident Current Rates Proposed Rates
Hourly Rates Business Hours After Hours Deposit Business H :After Hours
�5 �
�
: ` 'i' �~,
U
Racquetba (��p� � two $4.00 N/A N/A r —
Gymnasium(2-hour minimum)-Aftehours only 'N/A $65.00 N/A -,,,
U
s� �
� `
/ '�~� �'� u
Game Room-After hoursonly N/A $55
�
Van (W�
(Rooms 111/112)p� minimum) $50.00urU
GoghN/A� °
. *.
Rembrandt(Room 129)(3-hour minimum) $50.00 / �� I
'�o.
+ �� ����
. � ^||
�
K�chen $r5_n�
/
N °
^ -- �� ' ``�
Thr� Roumsournnimun
| � ^�� ���., ` N/A
o,:
'
,
Vermeer(Room 124 �J
';' N/A N/A
` ^` /
. __'
` �'
Outdoor Facilities(permit ka N/A N/A
**Functions exceeding 75 up to -r' z, . 'iUbe charged--
sO�rperaonover75.� „'
VENDOR FEES:FOR"CITY. SPECIAL EVENTS
^ �� ��`� ' /
1 '
' ���" Parks&Recreation Special Events
. `', , ' . ^ . �
»;; !z Verldeir Food Vendor
�~ ^
~�' �;`�
.~
Electrical $75l0 $100.00
. .
Non-Electrical 1$50.00 $75.00
In addition,food vendors are required to pay an additional$20 fee for Jefferson County Health DepartmentInspection
requirement.
.
The Director of Parks&Recreation has the right to limit number of spaces available based on the need of each event.The City
of Nederland reserves the right to refuse vendors for any event for any reason. No water services or other facilities are
guaranteed with any vendor set up or reservation.All vendors must sign a hold harmless agreement to participate.All vendors
are responsible for their own permits to participate.Non-profits willing to participate may have one non-electrical vendor space
at no cost with the Director of Parks&Recreation approval.
Code of Conduct
• A resident is considered any person that leases,rents or owns property within the city limits of
Nederland. Proof of residency is required. This includes a valid Texas Driver's License or ID
card issued by the Texas Department of Public Safety which shows and current address and
proof of current address is also required and includes a water bill or utility bill. These items
must be dated within the most recent 30 days. Failure to comply will result in non-resident fee
payment for services. All those wishing to use the facility must present an ID.
• Active members of the United States Armed Forces, with valid military I.D., will be given
resident status for facility use and rental fees.
+' x
• Alcoholic, tobacco, or electronic cigarette/vaping products of any kind are'y'riot allowed in
building, no exceptions. Smokers are required to be at least 50 feet from`,reereationaf facility
entrances.
•. Minimum age for racquetball participants without adult supervision is 16 years old.
• No children under the age of 12 will be allowed in tliey facility.;without a parent or guardian
present at all times.
=,w
• No open flames will be allowed in the park or any of itsfaczlities.
Rental Stipulations ;.
r'
• Applications—Rental applicants are:required:to,provide all pertinent information relating to
function at time of applicatio4.-gFeesfor:an event'must be paid in full in order for a date to be
reserved. Renters are required;to,provide at least two working contact numbers; failure to
provide two working phone numb rs,may result in an automatic cancellation, and the rental
fee will be returned.;Residents`are-=not allowed to reserve for non-residents to circumvent
appropriate payment: .
• Applicants are required tocleanup after use of the facility (put up tables and chairs, empty
trash, sweep'and=mop );
lr N:JY:.
• Chaperones — For.,every seven children under the age of 18 in attendance at any private
thnction, one adult must be designated by the applicant to monitor facility use.Applicants are
responsible for.411.e behavior of all guests using the facility.
• Approved activities—Only approved activities will be allowed in the facility. The parks and
recreation director reserves the right to define what is or is not acceptable. Anyone wishing to
use the facility agrees not to enter into any other rental agreements or contract of any kind for
products or services (djs, moon bounces, tents, catering, etc.) The attendant on duty will
provide answers to questions about clean-up, outline building usage, screen other patrons
entering building during private functions and grant access to a telephone for emergencies
only. The gym is available for athletic/recreational use only.
• Time allotment—For all functions the attendant on duty will conduct building inspections and
allow admittance into reserved room(s) 15 minutes before scheduledtime of function. Any
extra preparation time must be included in rental application and reservation. All clean-up and
restoration must be included in allotted time of reservation.
• Decorations—No glitter or confetti are allowed as decoration. No thumbtacks, hot-glue, or
tape may be used to hang decorations on walls.Nothing may be hung from the ceiling tiles or
ceiling grid.
• Cancellations — Cancellation of facility rentals will be honored up to 14 days prior to the
rental;payment will be forfeited for cancellation, for any reason,within 14 days.
• Security — Security shall be defined as an off-duty law-enforcement officer appointed or
approved by the Nederland Police Department Assistant Chief of Police,to be on the recreation
building premises for duration of scheduled function.
• All security arrangements are to be made through the Nederland Police Department's:.Assistant
Chief or his designee.
• All functions exceeding 75 people are subject to security arrangements.
• Applicants are responsible for security arrangements whenNrelevant, and must be confirmed
within 24 hours of application, otherwise the function will be;'cancelled.
• Merchant fee — Anytime the facility is used for an-event that 1§ staged for profit or fund
raising, a$200.00 merchant fee will be charged: This'feein addition to all regular fees and
deposits.
• The director of parks and recreation reserves:the right`to deny use of the facility; such action
may be appealed to the city council,-
- ;r
• Food vendors are required to secure perniits'needed for sale of food items.
• City sponsored or col sponsoredtevents.shall not be subject to merchant fee.
• Non-profit organizations;=1, All Nederland-based non-profit organizations (youth league
board, chamber..ofcommerce:committees, scout organizations, etc.)may apply for and use the
Rembrandt=or Vaa:'Gogh;room at no charge, but are subject to recreation building schedules.
The city,Manager hay'waive any fees for non-profit organizations that are not Nederland-
based';•"the.City Manager's decision is final; and there is no appeal to his decision.
• Renter of any facility of the City of Nederland Parks and Recreation Department must be on
site at all times, otherwise the party will be asked to leave the premises. Renters must provide
ID upon:arrival.
HOURS OF OPERATION - Proposed
Times Monda Tuesda Wednesda Thursda Frida Saturda Sunda
11:00AM i 1
11:15AM
11:30AM
11:45AM
12:00PM I
12:15 P M
12:30-• : , . . -: 4 S 's''vs eCiining
c.xxar�#SJwaw, . . V' Zr: tri nin . 4Cleann - PIYF ;,^ msFaCning _:�. -Cleaning; :• .,.Clea12:30PM p `'CleIf1g ` ;a. ,. i 1 ` ;; - ',/ 11` t12:30,-1pm
.nfir3pm 1230;:.1 fn' 12:30- n :12:301 r�- 230m.=;12:45PM
.,max.-• .b:; tj:r_2i.; ".,�.aa<z, ".h..'_,,i-",;.re,. .,..<_ F-,'".---„•„ Vic.•-,�.f. -,-
1:00 PM ,--,
1:15 PM !.,)- ,"r , . . ;:E.>., ' h
1:30 PM r ` _ ., i
!.- ;i.''.lc s '''ri.-. , ,P'rlkraieRema[z>
r
1:45 PM <: �•° c--/..,....i..."30
2:00 PM >' r
2:15 PM . . ..
2:30 PM
2:45 PM ',Cleaning
3:00 PM L
3:15 PM "' -> ' `'
ti Open 5�i✓im �-�
3:30 PM i. .. , P
-� �1.OD600,pm �p�ivat�Rental
3:45 PM =Open:Swiin` Open;'Swim;.� .��Open Swim. Open"Swirii., 3 '430Pm c.1
4:00 PM i1:00-7:OOpm-. 1:00-7:OOpm' 1:00-7:DOpm. 1:00-7:OOpm{ ,,
4:15 PM _' , ;. ,srf r
4:30 PM t ��
E„ '.t;
4:45 P M - g,. .
5:00 PM
5:15 PM '
5:30 PM PYlvate
5:45 PM . 5 C30prt
6:00 PM E ,. - ' , �,
6:15 PM 4:` '.
6:30 PM i .
6:45 PM Cleaning
V
7:00 PM Cleaning. Cleaning Cleaning Cleaning Community
7:15 PM 1. 7'-7:30pm 7-7:30pm 7-7:30pm 7-7:30pm Night
=: 6-8:30pm F�'” ` '•';-10".-4,Z.,.. F .' it ,17:30 PM , , � �-
7:45 PM S #k "' ” � � , -i
8:00 PM ,,Pnva�i "�` ; --:..~ ", ;Lv
(Rena , ,Private Reental, {P.rip n PKivaiu R -,Cal
M r
8:15 P , � T Dm 'x30 p 730 9p
7i30t Spm l� s
8:30 PM �� a V7. i• ' x,-•'` �, ,' , Cleaning
8:45 PM � `fit r.�= � 3 , 8 . 3 = i 9 9:30pm
9:00 PM r Cleaning Cleaning Cleaning Cleaning
9:15 PM ' 9'-9:30pm 9=9:30pm 9-9:30pm 9-9:30pm
9.:30 PM
At the Parks Director's discretion, up to six (6) "family night" programs may be scheduled in lieu
of the regular private rental.
POOL FEES
CURRENT
Resident Non-Resident
TRWATJPPPL:PARTt125 swihiiners $ 200 250
s'i'. ,•„
26-50 swimmers $
2V. --:
:ltiNfPtfi$.0N'4MT}Ii5.AV.P'AtrOr': ."1.00 :
OPEN SWIM
49 inches and up
41>and up inches with adult admin
, $'
8 00
Under. finches with adult admin Fre $ 300
- toliWgg—en'of
Senior -
Adult with jv1iJitaylD Free Free
Season Swim Passes*
Single (resident): $100
Single (non-resident): $180
,
Family of 4(resident): $180 add$10 addition4Members up to seven total
Family of 4(non-resident): $280 -4dd$10'Paciclitionarmernbers up to seven total
Monthly Swim Passes*
Single (resident): .$50
Single (non-resident):
Family of 4(resident): $100 .-dcl,$10-.Ifer additional members up to seven total
Family of 4(non-resident): $180'add tiO per additional members up to seven total
Replacement Pass
A total of 50 family passes and 25 iniphvid ual pUsses will be available for purchase each season,
Notes:
Open Swim: .
o During the dailyOpen Swim,".iliefee for admission for residents and non-residents is half the normal
price for the final hour of open swim.
Single pass: - 4
o Only valid for swimmers over the age of 14.
o Pirent consent andfemergency contact information required at application.
o,' N.p.,adriiisSriOn/aft:Ohdance requirements.
Family passes
o All children under age of 14 require parent/guardian/adult supervision at all times, no exceptions.
o Non-relatiVe adults (baby-sitters, neighbors, etc) may be listed on application.
o Additiohal members may be added up to seven (7)family members. Changes cannot be made to
the pass during the pool season.
City of Nederland Employees:
o City employees and their family members residing in their household(up to 5 family members total)
receive use of the swimming pool during Open Swim times at no cost. The City Manager or their
designee has the discretion to define"family member residing in household".
ORDINANCE NO.2024-08
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 25th DAY OF MARCH,2024.
°on Albanese,Mayor
City of Nederland,Texas
ATTEST:
Joni Un'erwood,City Clerk
APPROVED AS TO FORM AND LEGALITY:
(.4/,
Chris Leavins,' 'ty orney
SC, D1
;Y'jyOo
N,,,,I,nuu,,,aa
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2023-2024
DATE: March 25, 2024
DEPARTMENT: Various
FUND: General (01)
Water&Sewer(50)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-0000-4610 Interest Income 294,798 42,243 337,041
01-5100-6243 Special Program Supplies 7,500 19,193 26,693
01-5100-6393 Contractual Services 110,000 23,050 133,050
50-0000-4365 Federal Grant-ARPA - 270,331 270,331
50-6000-4610 Interest Income 160,000 31,500 191,500
50-6000-6393 Contractual Services , - 31,500 31,500
50-6000-6402 ARPA - 270,331 270,331
TOTAL 572,298 688,148 1,260,446
JUSTIFICATION
In the General Fund,funds are allocated for the purchase of new Christmas decorations and for the 50%
deposit for the Christmas decorations lease agreement. This is offset by increasing the Interest Income.
In the W/S Fund, funds are allocated for the WTP assessment and for engineering services related to the
WTP Clarifier project and a waterline replacement project. The engineering services for the two projects are
paid via the ARPA funds, and the WTP assessment cost is offset by the increased interest income.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted: