March 13, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 P_rrm_ March 13, 2017
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City
Office Building, 207 N. 12°" Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
"PURSUANT TO SECTION 30_07, PENAL CODE CTRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY_"
2_ INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and the Pledge of Allegiance were led by Gay Ferguson, City Clerk.
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 Albanese and seconded by Councilmember
Austin to approve the Consent Agenda Items a-e as presented. MOTION CARRIED_
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Belaire.
Noes: None.
a. Minutes — February 27, 2017 regular meeting
b. Consider a request from Brian English to utilize the Nederland Recreation Center
for a spring basketball league.
c. Consider a request from Little Dribblers to utilize the Nederland Recreation Center
gymnasium for all stars basketball team practices.
d. Consider action setting a Public Hearing date for the purpose of receiving
comments regarding the Juvenile Curfew Ordinance.
e. Payments:
La Biche Architectural Group, Inc., $3,181.94 - Nederland Service Center
4. REGULAR AGENDA
a_ A motion was made by Councilmember Austin and seconded by Councilmember
Neal approving a proclamation in regards to American Red Cross month. MOTION
CARRIED.
Minutes Continued, March 13, 2017
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
b. 2017 General Election:
i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve the Certificate of Unopposed Candidates for the general
election scheduled for May 6, 2017. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve Ordinance No. 2017-06, declaring unopposed candidates in
the May 6, 2017 general city election and cancelling said election. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
c. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to approve an interlocal agreement between the City of Nederland and
Jefferson County, Precinct 2 in regards to road repair work. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
d. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve Resolution No. 2017-06, a reimbursement resolution in regards
to the Nederland Avenue project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to approve a work authorization with Schaumburg & Polk, Inc. for the
Nederland Avenue project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve Change Order #1 to the Boston Avenue
Repairs/Improvements project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
g. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve final payment and release of retainage on the Boston Avenue
Repairs/Improvements project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
I
Minutes Continued, March 13, 2017
5. EXECUTIVE SESSION
The regular meeting was recessed at 4:48 p.m. by Mayor Nugent for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.071 - Consultation with City Attorney.
8. RECONVENE
The regular meeting was reconvened at 5:01 by Mayor Nugent. He announced the
Executive Session was held for informational purposes only and no action is necessary.
9. COMMUNICATION:
City Manager's Report:
a. Construction Update: Mr. Duque reported staff is working with utilities and
electrician for a generator to be installed at the new Service Center. He said
this facility will be used during emergency situations and a generator is needed
in order for staff to stay in the building. Angela Fanette reported on the work
being done at the Nederland Recreation Center. She said work is progressing
well on the roof and exterior of the building. She has had no complaints from
their work.
b. Miscellaneous - Chamber of Commerce Coffee and Ribbon Cutting in the
morning at Glory B's at 8:00 a.m.
10. ADJOURN
There being no further business a motion was made by Councilmember Neal and
seconded by Councilmember Austin to adjourn the meeting at 5:08 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
11.
R. A. Nuge , M or
City of Nederlan , Texas
ATTEST:
C �
G:Y Fer urn� Cityerr
k
City of Nederland, Texas
I
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
R.A. Nugent Mayor v
Talmadge Austin Council Member—Ward I v
Billy Neal Council Member—Ward II v
Don Albanese Council Member—Ward III
Craig Belaire Council Member—Ward IV V
Chris Duque City Manager V
Gay Ferguson City Clerk
Jesse Branick City Attorney ti/
Cheryl Dowden Director of Finance 10/
Darrell Bush Police Chief V
-6afy-Cellins1iry(i4 M Fire Chief .V
Steve Hamilton Director of Public Works
George Wheeler Building Official , /
Victoria Klehn Librarian V
Holly Guidry Human Resources Director v
Joni Underwood Executive Secretary V
Angela Fanette Parks Director V
R. nge , M;, :r
•y ergus! , City -lerk /
March 13, 2017
Date
I
CERTIFICATION OF UNOPPOSED CANDIDATES
CERTIFICACION DE CANDIDATOS UNICOS
To: Presiding Officer of Governing Body
Al: Presidente de la entidad gobernante
As the authority responsible for having the official ballot prepared, I hereby certify that the
following candidates are unopposed for election to office for the election scheduled to be
held on May 6. 2017.
Como authoridad a cargo de la preparacion de la boleta de votacion official,por la presente
ertifico que los siguientes candidates son candidators unicos para eleccion para un cargo en a
eleccion que se llevar6 a cabo el 6 de mayo. 2017.
List offices and names of candidates:
Lista de cargos y nombres de los candidates:
Office(s) Cargo(s) Candidate(s) Candidato(s)
Council Ward I Talmadege Austin
Council Ward III Don Albanese
lot
ignatur Firma)
Gay Ferguson
Printed name (Nombre en letra de molde)
City Clerk
Title (Puesto)
February 27. 2017
Date of signing(Fecha de firma) Seal (sello)
CITY OF NEDERLAND
ORDINANCE NO.2017-06
AN ORDINANCE DECLARING UNOPPOSED
CANDIDATES IN THE MAY 6, 2017 GENERAL CITY
ELECTION ELECTED TO OFFICE; CANCELING
THE ELECTION; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the general city election was called for May 6, 2017, for the
purpose of electing 2 members to the City Council; and
WHEREAS, the city clerk has certified in writing that there is no
proposition on the ballot, that no person has made a declaration of write-in
candidacy, and that each candidate on the ballot is unopposed for election to
office; and
WHEREAS, under these circumstances, Subchapter C, Chapter 2,
Election Code, authorizes the City Council to declare the candidates elected to
office and cancel the election;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND,TEXAS.
Section 1. The following candidates, who are unopposed in the May 6,
2017, general city election, are declared elected to office, and shall be issued
certificates of election following the time the election would have been
canvassed:
Council Ward I Talmadge Austin
Council Ward III Don Albanese
Section 2. The May 6, 2017, general election is canceled, and the city
clerk is directed to cause a copy of this ordinance to be posted on election day at
each polling place that would have been used in the election.
Section 3. It is declared to be the intent of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this
ordinance is declared invalid by the judgment or decree of a court of competent
jurisdiction, the invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, or sections of this ordinance since the City Council would
have enacted them without the invalid portion.
Section 4. This ordinance shall take effect upon it final passage, and it is
so ordained.
PASSED AND APPROVED this the 13th day of March, 2017.
R. . Nub'�'
City of WI.erland,Texas
ATTEST:
itjt
any/Ferg on City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse Br- i , City Attorney
Ci o 'ederland,Texas
RESOLUTION NO. 2017-06
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS, DECLARING
OFFICIAL INTENT TO REIMBURSE
EXPENDITURES
WHEREAS,the City of Nederland,Texas(the"Issuer")expects to issue debt for use for,among
other purposes,(1)rehabilitation and improvement of streets and roads within the City, (2)drainage
improvements throughout the City; and (3) certain other costs related and incidental thereto
(collectively,the"Projects");and
WHEREAS, the Issuer expects to make expenditures for the Projects from its existing fund
balance prior to the date of issuance of debt obligations by the Issuer;and
WHEREAS, the Issuer desires to declare its intention, in accordance with the provisions of
Section 1.150-2 of the Treasury Regulations,to reimburse such expenditures at such time as the Issuer
issues obligations to finance the Projects.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,
THAT:
Section 1. The Issuer reasonably expects the Issuer,on its behalf,to incur debt,as one of more
series of obligations,with an aggregate maximum estimated not to exceed$6,500,000 of such
obligations to be applied for, among other purposes,the purpose of paying the costs of the
Projects.
Section 2. The Issuer hereby declares its official intent to reimburse future expenditures from
Issuer funds for the Projects or various other Issuer projects in an amount not to exceed
$6,500,000 with the proceeds of debt obligations.
Section 3. All costs to be reimbursed pursuant hereto will be for capital expenditures paid for
with funds from the Issuer's cash on hand. Except for preliminary expenditures,no tax-exempt
obligations will be issues,on behalf of the Issuer,in furtherance of this Resolution after a date,
which is later than 18 months after the later of(1)the date of the expenditures are paid or(2)
the date on which the property,with respect to which such expenditures were made,is placed
in service or abandoned,but in no event more than three years after the original expenditure
is paid.
PASSED AND APPROVED by the City Council of the City of Nederland this the 13TH day of March.
2017.
. A. Nugent, Mayor
Ci of Nederland, Texas
ATTEST:
bat - --1TiA0)^—•
Gay Fer iuson,7City Clerk
APPROVED AS TO FORM AND LEGALITY:
Jessr Bra'is , City Attorney
STATE OF TEXAS )(
)( INTERLOCAL AGREEMENT
COUNTY OF JEFFERSON )(
WHEREAS, Jefferson County, Texas, by and through its Commissioners' Court as
authorized by Chapter 791 of the Government Code and the City of Nederland, a body politic of
the State of Texas, for the mutual benefit of the citizens they serve, desire to enter into a
contract to provide certain services to each other, and;
WHEREAS, Jefferson County, Texas through Commissioner Precinct Two has, from time
to time, capacity to provide labor and equipment suitable for the repair of roadways, and;
WHEREAS, the City of Nederland, has, from time to time, the need to maintain and
repair streets and roadways which it owns, and;
WHEREAS, the city of Nederland, does not have the labor or equipment suited for such
construction and/or maintenance, and;
NOW, THEREFORE, know all present that the City of Nederland and Jefferson County
hereby agree as follows:
1. Jefferson County shall furnish labor, equipment and material to repair certain
streets, listed on Exhibit A incorporated herein when and as determined at the
discretion of the Commissioner for Jefferson County Precinct Two, subject to the
requirements of Section 791.014 of the Government Code.
2. The City of Nederland shall furnish Precinct Two, with materials needed in exchange
for the labor and equipment. The City of Nederland will provide Jefferson County
Precinct 2 with 3,800 gallons of CRS-2 oil.
3. Consideration for the repairs herein contemplated shall be determined and mutually
agreed from time to time depending on the scope of the repair needed.
4. This agreement shall be effective on the date of its execution and may be
terminated at the will of either party.
5. This agreement shall be construed according to the laws of the State of Texas.
6. Nothing in this agreement shall be construed to create the existence of an agency
relationship between the parties.
7. Any employee of a party performing services pursuant to this agreement shall not be
deemed to be the agent of the party receiving services under this agreement.
8. The parties further agree, pursuant to Sec. 791.015, Texas Government Code, that
any dispute regarding the terms of this agreement will be submitted to an agreed
upon mediator for resolution.
Executed on the 13T" day of MARCH. 2017.
17/27)
Jeff R. Branick R.A. "Dick' N ent
Jefferson County Judge Mayor, City Nederland