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October 9, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NE17E112LAN0 4:30 co.rya_ October 9, 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: "PUBS UANT TO SECTION 30.07, PENAL CO100 (TRESPASS BY LICENSE HOL17ER WITH AN OPENLY CARRIED HANCIPGIJN), A PERSON LICENSEE) IJNC/ER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANC/GUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANoGIJN THAT IS CARRIED OPENLY." 2. INVOCATION ANC) PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk_ 3_ CONSENT AGENESA - 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 Councilmember Neal and seconded by Councilmember Austin to approve the Consent Agenda Items a-b as presented. MOTION CARRIED_ Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — September 2S, 2017 regular meeting b. Street Closures: ▪ Consider action authorizing the closure of Boston Avenue between Twin City Highway and 14th Street on Saturday, October 28th for the Fall Market event. ▪ Consider action authorizing the closure of Boston Avenue from 15th Street to the Entergy ROW on Tuesday, October for the Nederland Chamber of Commerce's "Trunk-R--Treat" event. 4_ REGULAR AGENDA a_ A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to declare surplus computer equipment and furniture from the Marion St Ed Hughes Public Library. MOTION CARRIE17. Minutes Continued, October 9, 2017 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 Belaire to approve Change Order No. 2 - Holmes Road Rehabilitation project reducing the contract price by $1,710.00 to reflect final quantities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve final payment and release of retainage for the Holmes Road rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2017-24, amending the fiscal year 2017-2018 budget. 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 award a bid for windstorm insurance to Victor O. Schinnerer & Co., Inc. in the amount of $127,418.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Austin and seconded by Councilmember Neal to amend Ordinance No. 2017-16, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: Councilmember Belaire. 5. COMMUNICATION City Manager's Report: a. Second City Council meeting will be Monday, October 16th b. Monsters in the Park will be Friday, October 27th c. Fall Market Day will be Saturday, October 28th d. Miscellaneous • The Chamber of Commerce Trunk-R-Treat will be Oct. 31st • The third pass of debris pickup will begin Monday, Oct. 23rd with completion estimated to be 2 weeks prior on Nov. 3rd. • The City has allowed residents to install culverts in the past but we may need to issue a moratorium. Open ditches allows for quicker water flow. City staff will be looking at drainage issues. • Congratulations to Kay DeCuir for bringing a Whataburger into town. Minutes Continued, October 9, 2017 6. 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 5:09 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. None. \`\\��,,,,,,,,,,�I�oes: \ 1 '•� ' R. A. Nugent, or CO at 00 City of Nederl d, Texas • .II" A it /4 it AA1 eay Fergus•1, •'ty Tlerk City of Nederland, Texas 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 , Don Albanese Council Member-Ward III Craig Belaire Council Member-Ward IV 1 / Chris Duque City Manager V Gay Ferguson City Clerk Jesse Branick City Attorney V. Cheryl Dowden Director of Finance Darrell Bush Police Chief 1/ Gary Collins Fire Chief Robert Woods Director of Public Works George Wheeler BuildingOfficial v Victoria Klehn Librarian k..7 Holly Guidry Human Resources Director V Joni Underwood Executive Secretary Angela Fanette Parks Director V / G ocC - R.A. Nugent, i:7-:yor alt. i /40 , (1)/L— Ga Ferguso 9 ityCler October 9, 2017 Date AMENDMENT TO ORDINANCE NO. 2017-16 AN AMENDMENT TO ORDINANCE NO. 2017-16 OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT ESTABLISHED WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL, AND GARBAGE RATES, AND PROVIDED FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, AND FURTHER PROVIDED FOR INTEREST PENALTIES, RE-CONNECTION CHARGES, TRANSFER FEES, AND RETURNED CHECK FEES, REPEALED ORDINANCE NO. 2016-19, AND ESTABLISHED AN EFFECTIVE DATE. WHEREAS,the Nederland City Council on August 28,2017 approved Ordinance No.2017- 16,which provided utility rates and regulations. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. Ordinance No.2017-16 is hereby revised with the following revisions: A. Section 3. 2. is amended to read as follows: 2. The person responsible for the payment of utility service shall agree that he/she will abide by all ordinances, rules, policies, and/or regulations governing water and sewer service provided by the CITY. B. Section 7. 2. Residential Rental Property Deposit is amended to read as follows: 2. Residential Rental Property Deposit: In order to establish water, sewer, and garbage service, an applicant, who is not the property owner, for said services shall be required to pay a deposit to the CITY in accordance with the following schedule(excludes apartment complexes and duplexes without individual water meters for each unit): Inside City Outside City 3/4"and Smaller Water Meter $225.00 $225.00 1"Water Meter 225.00 225.00 C. Section 8. 4. is deleted. D. Section 14. Delinquency - Termination of Service is amended to read as follows: 1. If full payment is not received by the CITY by the next date at which the water meter is read, a subsequent utility bill shall be mailed for the current reading plus the amount owed on the previous billing including the 10%penalty. 2. If full payment is not received on the date on which the subsequent utility bill is due, all utility service shall be disconnected. A final written notice shall be mailed to the customer's premises on the Thursday following the due date indicating that services shall be disconnected on the Wednesday immediately following the issuance of such notice. A final notice via telephone call or mail shall be sent to the customer on the Thursday following the due date indicating that services shall be disconnected on the Wednesday immediately following the issuance of such notice. If payment in full is not received by 5PM on the due date,then a cut-off work order will be issued. Once the cut-off work order is issued,a reconnection fee and any additional deposit shall be due in addition to the previous balance. E. Section 15. 1. is amended to read as follows: Should utility service be discontinued due to non-payment of a utility bill, all funds due to the CITY, in addition to a re-connection fee shall be paid prior to reinstatement of utility service. The re-connection fee shall be $30.00 if reinstatement of utility service is requested during working hours (8:00 a.m. to 4:30 p.m., Monday through Friday). The re-connection fee shall be $100.00 if reinstatement of utility service is requested after working hours. A customer will be required to keep a minimum $210 deposit on file or a $325 deposit for residential rental property accounts in addition to the account balance and reconnection fees before utility service is reconnected. F. Section 18. 1. is amended to read as follows: 1. Should a property owner or property manager request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 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. SECTION 4. The Ordinance shall be effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland,Texas at a special meeting this the 9T"day of OCTOBER,2017. R. A.N.ug.enf'ayor City of Ned- land,Texas ATTEST: III/ At --IrFergu• n'ri CI-r City of Ne•erland,Texas APPROVED AS TO FORM AND LEGALITY: • Je -e Bran k, City Attorney Ci of Ne•erland,Texas ORDINANCE NO.2017-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2017- 2018 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2017-19,which adopted the Fiscal Year 2017-2018 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 2017-2018 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2018 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2017 and ending September 30,2018,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 2017-2018 is amended to allow for adjustments in revenues and expenditures as set out in Attachment"A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 9th DAY OF OCTOBER,2017. liii• . R.A. ugent,( ayor City of Neder and,Texas ATTEST: ilif 14/ G. Fergus•!,City Jerk APPROVED AS TO FORM AND LEGALITY: • J.sse Bra ' ,City Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2017-2018 DATE: October 9, 2017 DEPARTMENT: Various FUND: Parks Special Fund (25) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT-NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 25-0000-6720 Buildings, Fixtures and Grounds - 62,000 62,000 TOTAL - 62,000 62,000 JUSTIFICATION Carryover funds from FY 2016-2017 are allocated for the Doornbos Park electrical loop repair project. Revenue from the sale of the Avenue G property(former city park)was divided between the Parks Special Fund and the Street Improvement Fund with the PSF monies earmarked for the electrical loop project. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of