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September 25, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m_ September 25, 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. 12th Street, Nederland, Texas. See attached for quorum_ The following statement was posted: "PIJRSIIIANT 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 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 Neal 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 — September 11, 2017 regular meeting b. August 2017 C>epartmental Reports c. Tax Assessor Collection Report - August 2017 d. Consider action authorizing the closure of 7th Street from Nederland Avenue to Atlanta Avenue on Tuesday, October 31't, for the Seventh Street Baptist Church "Block Party". e. Consider action setting a public hearing for the purpose of receiving comments regarding the rehabilitation or condemnation and demolition of the abandoned and dilapidated structure at the following address: 3022 Canal Avenue, Lot 2, Block 181, Tract 4, PALCO_ Aft. Minutes Continued, September 25, 2017 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve a proclamation recognizing the Mid-County Senior Babe Ruth team. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to reappoint Billy Neal, Bert Rogers, Brian Swindell, and Reagan Meaux to the Nederland Economic Development Board of Directors. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve the 2017-2018 Wage and Classification Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2017-21, declaring certain utility accounts as uncollectable. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to authorize the temporary waiver of the Marion & Ed Hughes Public Library non-resident fees for NISD students who reside outside the city limits. 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 Ordinance No. 2017-22, amending the Fiscal Year 2016-2017 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. Bids/Purchases: i. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to authorize the solicitation of the bids for the Nederland Avenue - 12th Street Drainage project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the purchase of two vehicles for the Nederland Police Department via the BuyBoard, HGAC, or other state-approved contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, September 25, 2017 iii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve the purchase of a crew cab pickup truck for the Nederland Fire Department via BuyBoard, HGAC, or other state-approved contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Change Order 1, 2017 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve final payment and release of retainage, 2017 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. j. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Belaire to approve Ordinance No. 2017-23, amending Appendix A - Zoning of the Nederland Code of Ordinances, providing for the zoning regulations of gaming rooms. MOTION CARRIED. - Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. k. Mr. Waleed Kahn was in attendance to give an update on his property located at 2423 Nederland Avenue. He stated the bank had requested updated documents and those documents have been submitted. Still waiting for a response from the bank regarding the loan. A motion was made by Mayor Pro Tem Albanese and seconded by Mayor Nugent to demolish the dilapidated and abandoned structure located at 2423 Nederland Avenue after 60 days if no improvement has been made. Chris Duque, City Manager, suggested council go into Executive Session prior to the vote. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:14 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. 6. RECONVENE The regular meeting was reconvened at 5:24 p.m. by Mayor Nugent. A motion was made by Mayor Pro Tern Albanese and seconded by Mayor Nugent to begin demolition after 60 days if no improvement has been made. All required Minutes Continued, September 25, 2017 paperwork should be completed during the 60 days so work can begin immediately after the 60 day-period on property located at 2423 Nederland Avenue being Lots 10- 12, Block 2, Hillcrest 1st. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese, and Belaire. Noes: None. Jesse Branick, City Attorney, advised Waleed Kahn to contact his lawyer and seek an injunction if he wished to stop the demolition process issued by the City. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • There will be a Special Council Meeting Friday, Sept. 29th at 8:30 a.m. • Mr. Duque gave an update of the debris cleanup. He said the city crews began debris clean-up supporting the DRC contract. The first priority area has been cleared and they will be moving to Nederland Avenue area next. 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Albanese to adjourn the meeting at 5:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. I 44 9 4/ R. A. Nugent, MI•r City of Nederla -, Texas A EST: • .LOA- (1A- G.y Ferguson,' ity Clerk City of Nederland, Texas } CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A. Nugent Mayor Talmadge Austin Council Member—Ward I Billy Neal Council Member—Ward II Don Albanese Council Member—Ward III V Craig Belaire Council Member—Ward IV V Chris Duque City Manager t/ Gay Ferguson City Clerk V Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief V Robert Woods Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R.A. Nugen , `ror ,a M Ir/ 4/A_ Ga Ferguson ( RTC erk September 25, 2017 Date 0 , ON C�G ALLISON NATHAN GETZ / TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR 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 $28,804.32, represents all taxes collected for CITY OF NEDERLAND during the month of August 2017. Allison Nathan Getz, P.C.C. JEFFERSON COUNTY COURTHOUSE• P.O. BOX 2112 •BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 ORDINANCE NO.2017-21 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE-OFFS IN THE AMOUNT OF $8,469.85 AS SHOWN IN ATTACHMENT"A"FOR THE YEAR ENDED 9-30-17 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 2016-17 in the amount of$8,469.85 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.,2017. `.,�o0R1-ANp ,' : • A,.�,"__ R.A.Nu lent' ayor r0 A > \l' = City of Nedeand,Texas S. av400,00A_ ay Fergus ,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: N 1w.." ...____------- Jesse 'ranick, 1A Attorney City 'f Ned- and,Texas ATTACHMENT"A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2016-2017 Account Number Amount 01-0520-08-0 51.18 01-0660-07-0 95.99 01-1440-06-0 51.68 02-0750-01-0 10.95 02-0940-00-0 18.92 02-0980-19-0 126.79 02-1860-01-0 77.91 02-1920-04-0 180.67 03-0210-03-0 34.41 03-0410-00-0 64.58 03-0980-09-0 42.28 03-1980-04-0 41.68 04-0680-08-0 79.12 04-1675-05-0 30.73 04-2000-00-0 41.66 04-2046-05-0 47.23 04-4800-00-0 41.43 05-0450-04-0 112.88 05-1010-06-0 79.90 05-1240-07-0 110.35 05-1760-01-0 49.27 05-1920-08-0 89.61 05-3430-05-0 15.44 05-3570-14-0 15.77 05=3660-18-0 85.29 06-0190-00-0 180.69 06-0550-14-0 195.47 06-0620-08-0 13.84 06-0660-03-0 613.16 06-0920-17-0 86.89 06-1230-03-0 13.43 06-2870-04-0 157.32 06-2923-13-0 58.67 06-3230-04-0 15.11 07-1250-18-0 65.01 08-0160-02-0 49.52 08-0660-00-0 190.78 08-0670-04-0 42.74 08-1460-06-0 293.39 09-0420-11-0 25.61 09-0950-10-0 47.53 09-1620-12-0 82.23 10-0090-00-0 149.75 10-0580-17-0 61.81 10-0640-09-0 46.54 10-1750-03-0 108.59 10-3060-00-0 228.71 11-1500-07.0 128.00 11-1610-09-0 42.69 11-1710-01-0 111.42 11-2275-00-0 74.77 12-0640-26-0 113.79 12-0640-28-0 58.16 13-0730-04-0 110.42 13-0940-12-0 11.74 13-1110-02-0 38.34 13-1160-11-0 180.89 13-1762-06-0 48.84 14-1900-06-0 30.20 14-2030-14-0 55.93 15-2550-05-0 415.84 ATTACHMENT"A" PAGE 2 OF 2 16-0030-03-0 249.54 16-0570-06-0 40.39 16-1310-05-0 41.09 16-1345-01-0 18.24 16-1368-25-0 39.30 16-1460-07-0 275.49 16-2370-03-0 25.87 16-2620-01-0 89.31 17-0140-05-0 169.73 17-0510-00-0 88.82 17-0570-18-0 68.47 17-0852-05-0 97.89 17-0944-03-0 41.39 17-1570-05-0 99.12 18-1880-14-0 23.48 19-1510-04-0 124.40 19-2480-07-0 25.67 20-0330-15-0 34.30 20-1670-09-0 981.71 21-0320-00-0 36.61 22-1980-00-0 45.70 22-2550-01-0 60.69 22-2850-19-0 49.10 TOTAL 8,469.85 ORDINANCE NO.2017-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2016- 2017 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2016-20,which adopted the Fiscal Year 2016-2017 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 2016-2017 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2017 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2016 and ending September 30,2017,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 2016-2017 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 requiringpublication,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 `��0""I€GJ,ILAR MEETING THIS THE 25th DAY OF SEPTEMBER,2017. IP i s *.C:.•***"7•774 ,, .10/4 ' ii Ot,� o R.A.Nugent, �.yor 12. 1,7:��' 1-' 1/ ccCity �; u I i; of Nederland,Texas ,,,oUN'ff 0 1 j_amgvf Gay FPEPA City,.Clerk APPROVED AS TO FORM AND LEGALITY: Jes Branic; 'ity Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2016-2017 DATE: September 25,2017 DEPARTMENT: Various FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4720 Sale of Land - 147,802 147,802 01-1100-6333 Training.&Travel 4,000 2,406. 6,406 01-1300-6111 Overtime - 3,602 3,602 01-1300-6115 Extra Help - 900 , 900 01-1300-6393 Contractual Services 40,000 12,000 52,000 01-1500-6111 Overtime - 476 476 01-1600-6111 Overtime 100 1,550 1,650 01-1600-6347 Unemployment Reimbursement 7,000 (5,000) 2,000 01-1601-6312 Consultant Services 900 2,100 3,000 01-1900-6348 Electricity 10,000 (3,000) 7,000 01-1900-6350 Bldg/Structure Improvements 1,800 1,800 3,600 '01-1900-6351 -Fixed Plant&EquipR&M 5,O0O 7 4,500 i 9,500 01-1900-6366 Rental Equipment 6,000 (2,000) 4,000 01-2100-6116 Certification Pay 75,701 (10,701) 65,000 01-2100-6222 Motor Vehicle Fuel 48,000 (10,000) 38,000 01-2100-6265 Supplies/Minor Tools&Equipment 17,500 7,000 24,500 01-2100-6274 Safety Equipment 3,800 -(2,000) 1,800 01.2100-6315 Computer System 10,000 6,000 16,000 01-2100-630 Insurance General 32,500 (11,000) 21,500 01-2100-6377 Dues and Memberships 3,000 (1,000) 2,000 01-2101-6115 "Extra Help 12,000 3,000, 15,000 01-2101-6126 Social Security 812 2,000 2,812 01-2101-6236 Foods 15,000 4,500 19,500 01-2101-6341 "insurance General 840 ,. (840).. - 01-2101-6343 Insurance Motor Equipment 2,000 (1,000) 1,000 :01-2102-6265 -Supplies/Minor Tools&Equipment 2,500, 26,000. 28,500 01-2102-6393 Contractual Services 47,366 (7,366) 40,000 01-2200-6111 Overtime 80,000 40,000 120,000 01-2200-6124 TMRS 67,301 4,000 71,301 01-2200-6222 Motor Vehicle Fuel 14,000 (4,000) 10,000 01-22006341 fnsurance.Genera! 14,452- (5,152) 9,300• 01-2200-6393 Contractual Services 4,000 (3,000) 1,000 01-2400-6111 Overtime 500 1,1.00 1.,600 01-2400-6393 Contractual Services 22,000 (4,000) 18,000 TOTAL 548,072 200,677 748,749 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2016-2017 DATE: September 25,2017 DEPARTMENT: Various FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-3000-6111 Overtime 150 3,750 3,900 01-3000-6341 Insurance general 3,600 .2;.950 6,550 01-3000-6720 Bldgs,Fixtures&Grounds - 12,610 12,610 01-3100-6111 Over#in]e 32,000 : (12,000) 20;000 01-3100-6222 Motor Vehicle Fuel 38,500 (18,500) 20,000 01-3100-6246 Street&Bridge Supplies 100,000 (20,000) 80,000 01-3100-6730 Street Improvements 275,000 25,000 300,000 01-3400-6111 Overtime 28,000 3,000 31,000 01-3400-6116 Certification Pay 1,200 400 1,600 01-3400-6333 Travel&Training 4,000 (3,000) 1,000 01-3400-6350 'Bldg/Structure Improvements 3,500 5,350' 8,850 01-5100-6111 Overtime 14,000 10,000 24,000 01-5100-6115 Extra Help 123,000 (23,000) 100,000 01-5100-6256 Chemicals&Insecticides 33,500 8,000 41,500 01-5100-6341 Insurance General 19,744 (3,000) 16,744 01-5100-6350 Bldg/Structure Improvements 25,000 (10,000) 15,000 01-5100-6393 Contractual Services 12,000 3,000 15,000 _ 01-5100-6720 Buildings, Fixtures&Grounds - 19,380 19,380 01-5100-6744 Miscellaneous Equipment - 6,500 6,500 01-5500-6115 Extra Help 44,000 (8,000) 36,000 01-5500-6265 Supplies/Minor Tools&Equip 5,000 7,000 12,000 01-5500-6348 Electricity 22,000. . (5,000) . 1.7,000. 01-5500-6350 Bldg/Structure Improvements 6,000 2,975 8,975 01-9000-6315 Computer System 85,000. 27,000. 112,000- 01-9000-6393 Contractual Services 55,000 (30,000) 25,000 01-9000-6400 Special Programs 15,000 (3,000) 12,000 01-9000-6406 Contingency 46,262 (27,290) 18,972 01-9000-6409 Vacation Buy Back 22,000 (22,000) - 01-9000-6411 'Preventive Care.Re mburserent - 30,000. (30,D00) 01-9000-6904 Transfer to Parks Special Fund 45,000 62,802 107,802 01-9000-6939 Transfer to Street Improvement Fund - 110,000 ' 110,000 TOTAL 1,088,456 94,927 1,183,383 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2016-2017 DATE: September 25,2017 DEPARTMENT: Various FUND: Hotel/Motel(23),Parks Special(25) SIF(38){Water&.Saucer(5(1). Solid Waste(52),Dispatch(70) AMOUNT - CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 23-0000-4393 Hotel Occupancy Tax 70,000 20,000 90,000 23-0000-6389 Payment to Chamber&Hist.Society 56,000 20,000 76,000 25-000-4910 Traris(erin -45,000 82,802 107,662 39-0000-4910 Transfer In - 110,000 110,000 50-6000-6111 Overtime 60,000 4,000 64,000 50-6000-6341 Insurance General 55,000 (2,500) 52,500 50-6000-6351 Fixed Plant&Equipment R&M 59,500 (9,500) 50,000 50-6000-6404 Untreated Water 190,000 10,000 200,000 50-6100-6275 Water Meter&Boxes 40,000 6,500 46,500 50-6100-6341 Insurance General 3,200 (1,700) 1,500 50-6100-6393 Contractual Services 20,000 10,000 30,000 50-6200-6111 2-Ovettitne 20,000' '(5;000) 15,000 50-6200-6258 Motor Vehicle Supplies 750 3,000 3,750 50-6200-6324 Laboratory Testing 35,000 15,000 50,000 50-6200-6341 Insurance General 33,000 (5,000) 28,000 50-6200-6348 Electricity 230,000 (30,000) 200,000 50-6200-6740 Plant Equipment - 16,675 16,675 50-6300-6210 General Office Supplies 18,600 4,500 23,100 50-6300-6222 Motor Vehicle Fuel 22,000 (7,000) 15,000 50-9000-6409 Vacafiorr194'Back 25;000 (25;000) - 50-9000-6411 Preventive Care Reimbursement 10,000 (10,000) - 52-3300-6222 Motor Vehicle Fuel 80,000 (20,000) 60,000 52-3300-6258 Motor Vehicle Supplies 75,500 2,500 78,000 70-2100 111 Overtime- 54,000 6,000 57,000 70-2100-6210 General Office Supplies 5,500 (3,000) 2,500 70-21.00-6331 'Telephone 5,750 (1;.000) 4,7.50 70-2100-6341 Insurance General 7,000 (1,000) 6,000 70-2100-6348 Electricity 10,000 (1,000) 9,000 TOTAL 1,227,800 169,277 1,397,077 JUSTIFICATION End of year line-item correction Dept.Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of ORDINANCE NO. 2017-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES, CITY OF NEDERLAND, PROVIDING THE ZONING REGULATIONS OF "GAMING ROOMS"; MAKING FINDINGS OF FACT; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to utilize police power regulation of health,safety,and general welfare of the public;and WHEREAS, the Nederland City Council desires to regulate game rooms and gaming machines in order to prevent the illegal operation of amusement gaming machines — more commonly known as"eight-liners"—in the interest of protecting the health,safety,and welfare of both citizens and visitors to Nederland;and WHEREAS, a joint public hearing before the Nederland City Council was held on September 11, 2017, pursuant to V.T.C.A., Local Government Code, Section 211.006, at which hearing the public was provided the opportunity to voice their comments or questions;and WHEREAS,the Nederland City Council finds it in the public interest to adopt regulations for game rooms and gaming machines as described herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY ORDAINS THAT: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. Appendix A—Zoning of the Code of Ordinances of the City of Nederland is hereby revised with the following revisions: A. Add to SUBCHAPTER C. USE REGULATIONS,Section 13. Schedule of permitted uses: Section 13.1. General provisions. R-1C.1 C3 I1 yC2.., ,.I2 1,3f. .._ •:,.�.`�.s Wi.. twr}.WE s':: x �, '?£.,.b,. ....... .s�,�,;trir .A.,_:r t!1 N N c� tri E' 1 a a a r�r x . — hath+ {m.. 1,}kr;to4 NAICSP,ERMTTED�� � ,PARKING E, o xE ? � LL d � qx s PRIMRYAUSES :Group. E tot Of AsAl ':N •�' p .�3 G.4 z r. k -� ,,. 4 Ut -O' t atkt U �§ a�. ,z5z 3S6'.E#r.'U_..t3.TSN,.7a:.: ....t 5ti``S.v.0.e3t+EArf;^`..t ".- titES_AKAriti d£:.u..e_122 mr'e'>�3 ...d 4d!(0 tit *,.std iC} .at .V4iQ� #ZV's"��x'.�F.. .....f, Gaming Room SSSS B. Add to Section 14. Specific use provisions: Section 14.6. Gaming rooms. The city finds that the unrestricted operation of certain game room businesses may be detrimental to the health,safety, and welfare by contributing to the decline of residential and 1 commercial neighborhoods and the growth of criminal activity. In addition to the applicable requirements set forth in Height and Area Regulations (Section 12), the following regulations apply to Game Rooms: 1. Location. A Game Room business may be located no closer than 1,000 feet from an existing Game Room business. A Game Room business cannot be located closer than 300 linear feet, measured in a straight line from the nearest property line to the nearest property line,from the following uses that are located within the City: a. a school b. a hospital c. a church or place of religious worship 2. Parking. Twelve(12)parking spaces per 1,000 gross square feet of building area. 3. Lighting. Exterior lighting shall be designed to illuminate the entire property at an intensity of no less than six(6)foot candles per square foot. 4. Signage. Notwithstanding any other city ordinance,code or regulation to the contrary,it shall be unlawful for the operator,occupant,or owner of a gambling site not to clearly identify the site with a sign as required by Chapter 22,Article IV of the Code of Ordinances of the City of Nederland. The sign displayed should be one provided by the city with a white background with black Arial font lettering of 1.5 inches. The sign must clearly read "GAMING SITE" and may not include any advertisements. In addition, the following exterior signs are prohibited: a. Freestanding pole signs, b. Roof-mounted signs, c. Sign or sign copy designed to rotate,move or flash in any manner,or d. Temporary signs 5. Building Design. a. Exterior building color for Game Room businesses including facade, doors, window frames,and all appurtenances shall be limited to gray,tan,or beige. b. Roof color is limited to shades of gray,black or brown. c. Trim color is limited to a share of the principal color of the building or white. d. Every game room business shall have transparent,unobstructed windows or open space on at least one side so that the area is open to view by the general public passing by on a street. The game room business shall have no obstruction of such public view by the use of drawn shades, blinds, partitions, tinting or other structure or obstructions. This requirements may be waived or modified by the Building Official if the game room business owner(s)can demonstrate:(1)the site holds a valid,current on-premise license under Title 3,Subtitle B, Chapter 69 of Texas Alcoholic Beverage Code where the gaming machines or eight-liners are incidental to the primary business and (2) all of the site's gaming machines or eight-liners are visible upon entering the premises from the front door. 6. Landscaping. Landscaping of Game Room business shall consist of decorative ground cover only. Shrubs and trees that block visibility shall be strictly prohibited. C. Add to SECTION 30. DEFINITIONS Amusement redemption machine means any electronic, electromechanical, or mechanical contrivance designed,made,and adopted for bona fide amusement purposes that rewards the player exclusively with non-cash merchandise,prizes,toys,or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten times the amount charged to play the game or device once,or$5.00,whichever amount is less. Game room means a building, facility or other place that contains amusement redemption machines of any number. 2 Game room owner means an individual who: 1) Has an ownership interest in or receives income from a game room or an amusement redemption machine located in a game room; 2) Is a partner, director, or officer of a business, company, or corporation that has an ownership interest in a game room or in an amusement redemption machine located in a game room; 3) Is a shareholder that holds more than ten percent of the outstanding shares of a business, company, or corporation that has an ownership interest in a game room or in an amusement redemption machine located in a game room; 4) Has been issued by the county clerk an assumed name certificate for a business that owns a game room or an amusement redemption machine located in a game room; 5) Signs a lease for a game room; 6) Opens an account for utilities for a game room; 7) Receives a certificate of occupancy for a game room; 8) Pays for advertising for a game room;or 9) Signs an alarm permit for a game room. Gaming machine—commonly referred to as an "eight liner,"any coin-operated machine or electronic,electromechanical or mechanical contrivance designed,made,and adopted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with non-cash merchandise prizes,toys, or novelties,or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten times the amount charged to play the game or device once or $5.00, whichever is less. Not included in this definition is a machine used only for entertainment purposes, as entertainment is defined in section 372.1701 of the Texas Administrative Code. Operator means an individual who supervises, manages, or participates in the performance of activities that contribute to the functioning of a game room,including the following activities: 1) Operates a cash register,cash drawer,or other depository on the premises of a game room or of a business where the money earned or the records of credit card transactions or other credit transactions generated in any manner by the operation of a game room or activities conducted in a game room are kept; 2) Displays, delivers, or provides to a customer of a game room merchandise, goods, entertainment, or other services offered on the premises of a game room; 3) Take orders from a customer of a game room for merchandise, goods, entertainment,or other services offered on the premises of a game room;or 4) Acts as a door attendant to regulate entry of customers or other persons into a game room. Skill or pleasure coin-operated machine—Any kind of coin-operated machine that dispenses,or is used or is capable of being used to dispense or afford,amusement,skill, or pleasure,or is operated for any purpose,other than for dispensing only merchandise, music or service. This includes: 1) A marble machine,marble table machine,marble shooting machine,miniature racetrack machine, miniature football machine, miniature golf machine, miniature bowling machine, billiard or pool game,or machine or device that dispenses merchandise or commodities or plays music in connection with or in addition to dispensing skill or pleasure;and 2) Does not include an amusement machine designed exclusively for a child. SECTION 3. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 3 SECTION 5. The Ordinance shall be effective from and after its passage. PASSED AND APPROVED THE 25Th day of SEPTEMBER,2017. APPROVED: O �` 2� R.A.Nugent,Ma t_ O' 1i ,01:z= r City of Nederland,Texas r"O * 9:E1iit- UjtI2A Gay gCity Fer u56n Clerkr City of Nederland APPROVED AS TO FORM AND LEGALITY: tEZ / Jes a Branic ,City Attorney Cit of Ne.-rland,Texas 4