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2014 Minutesl l L REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. January 13, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. The invocation and pledge of allegiance were lead by Councilmember Rogers. 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 Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a-b as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes -December 16, 2013 regular meeting b. Payments: • December 2013 monthly bills • Walker Partners -$240.00, 2010 Water System Improvements project • L D Construction -$142,913.06, 2013 Hot Mix Overlay project • A & A Electric Company of Beaumont -$21,497.18, Hurricane Ike Round 2.2 Wastewater System Generators project 4. REGULAR AGENDA a. Captain Joe Pait! and Lieutenant Junior Grade Joshua Valdivia attended the City Council meeting to give a presentation on the Area Contingency Plan. Captain Pait! thanked the Mayor and Chief Collins for the support of the area plan and presented them with Leadership Coins. Lieutenant Junior Grade Valdivia presented the Area Plan. He reported the Area Contingency Plan is a response to the Exxon Valdez oil spill in Alaska. Legislation was enacted to address many of the deficiencies identified in the response system at the time of the incident. Some of the major issues Identified were the lack of a Minutes Continued, January 13, 2014 unified effort between local, state, and federal stakeholders; no commonly defined response structure either federal, state or local; inadequate information J management to the media, public and other affected parties; and minimum information exchange between all parties. The Area Contingency Plan was developed to improve responses in our area. The Coast Guard Is responsible for the removal of oil and hazardous substances in waterways and adjourning shorelines and is required to supervise cleanup operations of all oil discharges in the coastal zone with the exception of those released on other Federal agency facilities. The Coast Guard is taking proactive measures to bring state and local officials in to the planning process and should expect to have state and local politicians, at a minimum, informed of operations during an incident. Councilmember Austin thanked the Coast Guard for the work they do. Mayor Nugent thanked Captain Paitl and Lieutenant Junior Grade Joshua Valdivia for coming out and making the presentation to City Council. b. Kay Decuir, Director of the Nederland Economic Development Corporation, gave an update on proposed planned activities of the NEDC. Mr. Decuir reported the EDC assisted 26 businesses -locate or ·expand in Nederland. These new or·expanded jobs provided a minimum of 100 jobs to the area. The City collected $4,435,946.96 in sales tax revenue for 2013 and the Nederland EDC collected $739,324.51 of new sales tax revenue in 2013. The Pride Program in 2013 provided $130,000.00 to businesses submitted through a grant process. There were a total of 64 new homes constructed and a new development located behind Candlewood Suites Hotel will begin in February 2014. The EDC sold property to Sonic, Inc. which will provide 18,000,000 -20,000,000 In new construction over the next 3 - 4 years. Howell Furniture opened Its newest location on FM 365. This Is a 30,000 square foot store J with approximately 17-20 employees. Daley's Hunt and Fish and Jungle Bar and Grill are open within the next month or two. The Jefferson County Commissioners' Court approved a leave option agreement with Arizona-based Accelerated Development Operating Company LLC for the development of a 90-acre property located at the Jack Brooks Regional Airport. The 4-phase project will include a grocery store, retail, restaurants, hotel and convention facilities, education and health care. Mrs. Decuir said she would llke to give quarterly reports to the City Council so everyone will know the progress being made by the EDC. c. A motion was made by Councllmember Rogers and seconded by Mayor Pro Tern Albanese to approve Resolution 2014-01, authorizing signatories for contractual documents pertaining to the Texas Community Development Block Grant program contract number 713349. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the issuance of a Request for Proposals for engineering services related to the Texas Community Development Block Grant program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember J Austin to approve an ad valorem tax abatement request from Sunoco Partners Marketing & Terminals, L.P. MOTION CARRIED. l l l Minutes Continued, January 13, 2014 s. 6. 7. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. UNFINISHED BUSINESS a. A motion was made by Councilmember Neal and seconded by Councilmember Austin for item to remain on the table and take no action -contract with ES&S for the rental of election equipment for the May 2014 General/Special Election, which was tabled on December 9, 2013. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. COMMUNICATION City Manager's Report: a. Construction Project Update -Steve Hamilton gave a brief update regarding construction projects: • Concrete Street Project is almost complete. Stripping on Helena Avenue and root barriers need to be completed. • Asphalt Street Improvements -level up should be completed this week and they are working on a manhole that collapsed on 15th Street and a sink hold that occurred around 22nd Street. • Traffic Signal Hardening Project -Mast arms should be delivered mid- February. • Generator Installation -generators for wastewater treatment plant and lift stations are scheduled for delivery 2nd week in February. A pre- construction conference will be held January 3Qth at 10:30 a.m. • Homer E. Nagel Public Safety Building -There was a problem with the roof when patching began. An Item will be on the next council agenda requesting replacement of the roof. Change Order #1 will also be brought before council at the next meeting. b. City office closed Monday, January 20th in observance of Martin Luther King, Jr. Day ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councllmember Neal to adjourn the meeting at 5:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. Minutes Continued, January 13, 2014 ATIEST: GayF1£ffi~4~ City of Nederland, Texas J J J CITY OF NEDERLAND COUNCIL MEETING A TIENDANCE SHEET l NAME TITLE PRESENT ABSENT R.A. Nuaent Mavor v, TalmadRe Austin Council Member -Ward I v Billv Neal Council Member -Ward II v Don Albanese Council Member-Ward Ill v Bert Rogers Council Member-Ward IV v Chris Duque Citv Manaaer v Gav Ferauson Cltv Clerk v Jesse Branick City Attorney v Chervl Dowden Director ol Finance v L Darrell Bush Police Chief v Garv Collins Fire Chief v Steve Hamilton Director of Public Works v George Wheeler BuildinR Official Victoria Klehn Librarian v Holly Guidrv Human Resources Director v v Joni Underwood Executive Secretary / v Anaela Fanelle Parks Director l Date RESOLUTION NO. 201~1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND OF THE COUNTY OF JEFFERSON, TEXAS, DESIGNATING AUrHo~IZED SIGNATORIES FOR CC)NTRACTURAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (TxCDBG) CONTRACT NUMBER 713349. WHEREAS, the City of Nederland has received a 2013-2015 Texas Community Development Block Grant award to provide waterline improvements; and WHEREAS, it is necessary to appoint persons to execute contractural documents and documents for requesting funds from the Texas Department of Agriculture, and WHEREAS, and original signed copy of the TxCDBG Depository/Authorized Signatories Designation Fonn (Fonn 202) is to be submitted with a copy of this Resolution; and WHEREAS, the City of Nederland, Texas acknowledges that in the event that an authorized signatory of the City of Nederland changes, the City of Nederland must provide TxCDBG with the following: • A resolution stating who the new authorized signatory is; and • A revised TxCDBG Depository/Authorized Signatories Designation Form (Form 202). NOW, THEREFOE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the City Manager be authorized to execute contractual documents between the Texas Department of Agriculture and the City of Nederland for the 2013- 2015 Texas Community Development Block Grant Program. THAT, the City Manager and Director of Finance be authorized to execute the State of Texas Purchase Voucher and Request for Payment Form documents required for requesting funds approved in the 2013-2015 Texas Community Development Block Grant Program. PASSED and APPROVED this the _m day of Januarv. 2014. nJ/lh R. A. Nugent ~ City of Nederland, Texas ATIEST: City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: J J J l l l [A2021 Depository/Authorized Signatories Designation Form TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DEPOSITORY/AUTHORIZED SIGNATORIES DESIGNATION FORM Grant Recipient _ _;,C~ity"-"o~f~N~e~de~r~lan""'d _____ _ TxCDBG Contract No. 713349 The individuals listed below are designated by resolution as authorized signatories for contractual documents. Cluis Duque (Name) City Manager (T tie) I (Si (Name) (Title) (Signature) In addition to the individuals listed above, the individuals listed below are designated by resolution as authorized signatories for the Request for Payment Form (Form A203HAt least two (2) signatories required). -- Chris Duque (Name) City Manager ~ I ,r7·11 ' ,,..-- -n'>tgna e) (Name) (Title) (Signature) Cheryl Dowden (Name) Director of Finance (S1gaature) (Title) (/~"Ii 9-ru.d~ (Name) (Title) (Signature) NOTE: A copy ofa Resolution passed by the city council or county commissioner's court authorizing the signatories must be submitted along with this form. Grant Recipients are strongly encouraged to use the sample resolution provided. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY Of: NEDERLAND 4:30 p.m. January 27, 2014 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12t11 Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. The invocation and pledge of allegiance were lead by Councilmember Rogers. CONSENT AGENDA -All consent agenda items listed are considered to be routine by the City Council and w!ll 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 Rogers and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a-e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes--== January 13, 2014 regular meeting b. December 2013 Departmental Reports c. Tax Assessor Collection Report -December 2013 d. Consider action approving a request from the Nederland Rotary Club to utilize Doornbos Park for the Hooked on Fishing, Not On Drugs (HOFNOD) event. e. Payments: • LaBiche Architectural Group, Inc. -$14,3-94.81, 2010 Water System Improvements project • LaBiche Architectural Group, Inc. -$303.69, Nederland City Hall project • Carroll & Blackman, Inc. -$3,216.25, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. John and Janell Vickrey, the family of U. S. Air Force Staff Sergeant Joseph Vickrey, attended the meeting to present a flag, which was flown in Afghanistan on August J J 21, 2013, to the City of Nederland. Mr. Vickrey said his son chose the City of J Nederland to honor because the community of Nederland Is made up of hardworking people and is a reflection of the backbone of America. L L L Minutes Continued, January 27, 2014 Mayor Nugent accepted the flag and thanked the family for this great honor. b. Philip Klein with the Nederland Volunteer Fire Department made a presentation on the Brick campaign underway to assist in the beautification of the entranceway to the Homer E. Nagel Public Safety Complex. The funds raised from the brick campaign will be used to purchase a monument of a police officer and a fire fighter with a child to present to the city. Mr. Klein presented a brick to each of the Council members to be placed in the center of the design. c. Chris Duque, City Manager, stated Texas Tax Code Section 351.101.c requires the City Council to approve the 2014 Hotel Occupancy Tax budget of the Nederland Chamber of Commerce. He said a workshop with the Chamber of Commerce was held on August 26, 2013 to discuss the on-going hotel occupancy tax (HOT) Issues. At the meeting, the Chamber requested Council approve their proposed 2014 budget, as well as an amendment to the Agreement between the City and Chamber. Council elected to organize a committee to discuss the issue further and postponed action on the budget and amendment. Council appointed Councllmember Rogers and Finance Director, Cheryl Dowden to meet with Director Jinni Akins, Mitch Macon and various other board members to serve on the committee. Councilmember Rogers gave a detailed report of all meetings, conference calls with specialists, and polls taken with other cities similar in size to Nederland. He stressed the City's fiduciary responsibility in regard to the oversight -of the HOT funds. In addition, he noted the committee plans to continue meeting to discuss any possible HOT issues. Mr. Duque recommended approving a 2014 budget with total income of $62,268.00 with expected expenditures of $55,573.00. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve the 2014 Hotel Occupancy Tax budget of the Nederland Chamber of Commerce in accordance with Texas Tax Code Section 351.101.c. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the Quarterly Investment Reports as submitted by the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Resolution No. 2014-02, approving the City's Investment Policy. MOTION CARRIED. Ayes: Mayor Nugent, Council members Austin, Neal, Albanese, and Rogers. Noes: None. f. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to re-appoint Joella Harvey and Stephanie Gallagher to the Parks Advisory Board. MOTION CARRIED. Minutes Continued, January 27, 2014 Ayes: Mayor Nugent, CouncJlmembers Austin, Neal, Albanese, and Rogers. Noes: None. g. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to appoint the City Manager as the City of Nederland's primary voting member of the Jefferson-Orange-Port Arthur Regional Transportation Study (JOHRTS) planning committee, and the City Engineer/Public Works Director as the City's designated alternate member. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. h. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve revisions to the Personnel Policy Manual -Patient Protection and Affordability care Act Health Insurance Eligibility policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 5. UNFINISHED BUSINESS a. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to remove from the table -contract with ES&S for the rental of election equipment for the May 2014 General/Special Election, which was tabled on December 9, 2013. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. b. A motion was made by Councilmember Austin and seconded by Councilmember Rogers to approve a contract with ES&S for the rental of election equipment for the May 2014 General/Special Election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 4. REGULAR AGENDA i. i. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve Resolution No. 2014-03, calling for an election to be held on May 10, 2014 for the purpose of electing the Mayor, two (2) Counc!lmembers -one from Ward II and one from Ward IV and appointing Gay Ferguson as Early Voting Clerk, and Gracie Gonzales as Election Judge. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve an Interlocal Agreement with the Nederland Independent School District and Water District 10 in regards to the 2014 election. J J j. Facility Projects J i. Dohn LaBiche, LaBiche Architectural Group, reported the Homer E. Nagel Public Safety Complex is progressing on schedule. The contractor is doing finishing work L l L Minutes Continued, January 27, 2014 6. on the Police Station. The Fire Station foundation was set to pour this week but will be delayed due to the weather. The completion date remains in June. ii. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve Change Order #1 ( +$69,667.16) for the Homer E. Nagel Public Safety Complex. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 111. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve payment to Bruce's General Construction in the amount of $6·40,542.90 for the Homer E-. Nagel Public Safety Complex. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. iv. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve a contract with the LaBiche Architectural Group, pending legal review and approval, for the Mamer E. Nagel Public Safety Complex Roof project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. v. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the solicitation of bids for the Homer E. Nagel Public Safety Complex Roof project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. vi. Chris Duque, City Manager, reported Change Order #1 in the amount of $3,844.13 addresses framing the pony wall behind the parapet with 3 -5/8 20ga metal studs. The work was field authorized last June and the Change Order documents were delayed until now. Mr. Duque recommended Change Order #2 regarding the drive-through lane be postponed until the proposed changes could be reviewed for ADA compliance. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Change Order #1 and postpone Change Order #2 for the Nederland City Hall project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. vii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve payment to Bruce's General Contract for Change Order #1 in the amount of $9,759.72 for the Nederland City Hall project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. COMMUNICATION Minutes Continued, January 27, 2014 City Manager's Report: a. Miscellaneous -Mr. Duque reported he would like to schedule a streets workshop within the next week or two. 7. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 6:28 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ayor nd, Texas AlTEST: l?P.r:/o0c~(i{l4/)11J'L City of NeClerland, Texas J J J CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET L NAME TITLE PRESENT ABSENT R. A. Nugent Mayor v Talmadae Austin Council Member-Ward I v Billv Neal Council Member -Ward II 1/ Don Albanese Council Member -Ward lll v Bert Roaers Council Member -Ward IV v Chris Duaue Citv Manaaer v Gay Ferguson City Clerk v Jesse Branick Citv Attornev v Chervl Dowden Director of Finance v l Darrell Bush Police Chief / Garv Collins Fire Chief v Steve Hamilton Director of Public Works v Geome Wheeler Building Official v Victoria Klehn Librarian v Holly Guidrv Human Resources Director v Joni Underwood Executive Secretary v Angela Fanelle Parks Director v l January 27, 2014 Date J. SHANE HOWARD TAXASSESSOR-COLLECIVR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPU'I'Y I, J. Shane Howard, the Tax Assessor-Collector of Jefferson County, Texas and also, by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affinn, under oath, that this amount $1,990,094.91, represents all taxes collected for CITY OF NEDERLAND during the month of December 2013. J. Shane Howard JEFFERSON COUNTY COURTHOUSE• P.O. BOX 2112 •BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 J J J L l l CITY OF NEDERLAND RESOLUTION NO. 2014-02 A RESOLUTION OF THE CITY COUNCIL APPROVING THE CITY'S INVESTMENT POLICY AS AMENDED NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS; THAT the City of Nedertand's lnvesbnent Policy, substantially in the form attached hereto as MExhibitA," has been reviewed and is hereby adopted. AH changes to the policy are reflected therein. PASSED AND APPROVED this the 27th day of January, 2014. ATTEST: ~J!C~Cl~ GiYFefQUS: ~Clerk City of Nederfand, Texas APPROVED AS TO FORM AND LEGALITY: n , City Attorney of ederland, Texas R.7A. Nugent, or City:::; Texas "Exhibit A" CITY OF NEDERLAND INVESTMENT POLICY Amended 1-27-14 The purpose of this document is to set forth specific investment policy and strategy guidelines for the City of Nederland in order to achieve the goals of safety, liquidity, yield, and public trust for all investment activity. This policy serves to satisfy the statutory requirements (specifically the Public Funds Investment Act, V.T.C.A. Government Code, Chapter 2256 (the "Act") to define, adopt and review a formal investment strategy and policy. INVESTMENT STRATEGY The City of Nederland maintains portfolios which utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios: A. B. C. D. Investment strategies for operating funds and commingled pools containing operating funds have, as their primary objective, to _assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. The dollar weighted average maturity of 365 days or less will be calculated using the stated final maturity date of each security. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligations on the required payment date. Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date. Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities. Volatility shall be further controlled through the purchase of securities carrying the highest coupon available, within the desired maturity and quality range, without paying a premium, if at all possible. Such securities will tend to hold their value during economic cycles. Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The stated final maturity dates of securities held should not exceed the estimated project completion date. J J J l l L I. SCOPE The investment policy applies to all financial assets of the City of Nederland. The funds are acc0unted for in the City's Comprehensive Annual Financial Report (CAFR) and include: *General Fund *Special Revenue Funds *Debt Service Funds *Capital Project Funds *Enterprise Funds *Internal Service Funds *Any new fund created by the legislative body, unless specifically exempted II. OBJECTIVES The City of Nederland shall manage and invest its cash with four objectives, listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. The City shall maintain a comprehensive cash management program which includes collection of accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of available cash. Cash management is defined as the process of managing monies in order to insure maximum availability and maximum yield on shorFterm investment of pooled idle cash. SAFETY The primary objective of the City's investment activity is the preservation of capital in the overall portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses, whether they be from securities defaults or erosion of market value. LIQUIDITY The City's investment portfolio shall be structured such that the City is able to meet all obligations in a timely manner. This shall be achieved by matching investment maturities with forecasted cash flow requirements. 2 YJ);;l,.I> The City's cash management portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City's investment risk constraints and the cash flow characteristics of the portfolio. PUBLIC TRUST All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transactions which might impair public confidence in the City's ability to govern effectively. III. RESPONSIBILITY AND CONTROL DELEGATION OF AUTHORITY AND TRAINING Authority to manage the City's investment program is derived from an ordinance approved by the City Council. The Director of Finance and the City Manager are designated as investment officers of the City and are responsible for investment decisions and activities.. The Director of Finance shall establish written procedures for the operation of the investment program, consistent with this investment policy. TRAINING J The investment officers shall attend at least one training session relating to the J officer's responsibility under the Act within twelve (12) months after assuming duties, and not less than (10) ten hours of training every (2) two years, relating to their investment responsibilities. The two-year period shall begin on the first day of the City's fiscal year and consist of the two consecutive fiscal years after that date. Training must include education in investment controls, security risks, strategy risks, market risks, diversification, and compliance. The training must be provided by an independent source approved by the governing body or designated investment committee. For these purposes, courses or seminars offered by the Government Finance Officers Association, Government Finance Officers Association of Texas, Texas Municipal League, Southwest School of Government Finance, University of North Texasf North Central Texas Council of Govemmentsf Texas Association of Counties, Treasury Management Association or the Government Treasurers Organization of Texas will satisfy the training requirements. INTERNAL CONTROLS The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from 3 J L l l loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. PRUDENCE The standard of prudence to be applied by the investment officer shall be the prudent investor rule which states: All investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. In determining whether an officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: 1. The investment of all funds, or funds under the City's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment. 2. Whether the investment decision was consistent with the written policy of the City. The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported immediately and that appropriate action is taken to control adverse developments. ETHICS AND CONFLICTS City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager any material fmancial interests in fmancial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to timing of purchases and sales. An investment officer of the City, who has a personal business relationship with an organization seeking to sell an investment to the City, shall file a statement disclosing that personal business interest. An investment officer who is related 4 within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics J Commission and the governing body of the entity. IV. REPORTING QUARTERLY REPORTING The Director of Finance shall submit a signed quarterly investment report that summarizes investment transactions for all funds covered under this policy for the preceding reporting period. The quarterly investment report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain whether investment activities during the reporting period have conformed to the investment policy. The report will be provided to the City Manager and City Council. The report will include the following: A. A listing of the individual securities held at the end of the reporting period. B. Additions and changes to the market value during the period. C. Listing of investments by maturity date. D. Statement of compliance of the City's investment portfolio with State Law and J the investment strategy and policy approved by the City Council. V. INVESTMENT PORTFOLIO Assets of the City of Nederland may be invested in the following instruments provided, however, that at no time shall assets of the City be invested in any instzument or security not authorized for investment under the Act, as the Act may from time to time be amended. AUTHORIZED INVESTMENTS A. Obligations of the United States of America, its agencies and instrumentalities. B. Direct obligations of the State of Texas and agencies thereof. C. Other obligations, the principal of and interest on which are unconditionally 5 J L L l guaranteed by the State of Texas or United States of America D. Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "A" or its equivalent. E. Certificates of Deposit of state and national banks domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance or its successor or secured by obligations described in A through D above, which are intended to include all direct agency or instrumentality issued mortgage backed securities rated AAA by a nationally recognized rating agency, or by Article 2529b-l, V.T.C.S., and that have a market value of not less than the principal amount of the certificates. F. Fully collateralized direct repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities pledged with a third party, selected by the Director of Finance, other than an agency for the pledger. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. G. Joint pools of political subdivisions in the State of Te01ms \vhich invest in instruments and folloYl/ practices allowed by current 10?11. Investment in such pools shall be limited to 6Qq4' of the City's entire portfolio. Investments Pools which follow practices allowed by current law and are rated not less than MA or an equivalent rating by at least one nationally recognized rating agency. Investments in such pools shall be lirriited to 60°/o of the City's entire portfolio. H. Not less than quarterly, the Investment Officers will monitor the credit rating for each held investment that has a Public Fund Investment Act required minimum rating. NOT AUTHORIZED The City's authorized investments options are more restrictive than those allowed by State law. State law specifically prohibits investment in the following investment securities. A. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. 6 B. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. J C. Collateralized mortgage obligations that have a stated final maturity date of greater than ten (10) years. D. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. HOLDING PERIOD The City of Nederland intends to match the holding periods of investment funds with liquidity needs of the City. In no case will the average maturity of investments of the City's operating funds exceed two (2) years. The maximum final stated maturity of any investment shall not exceed five (5) years. Investments in all funds shall be managed in such a way that the market price losses resulting from interest rate volatility would be offset by coupon income and current income received from the volume of the portfolio during a twelve (12) month period. RISK AND DIVERSIFICATION The City of Nederland recognizes that investment risks can result from issuer defaults, market price changes, or various technical complications leading to temporary illiquidity. Risk is controlled through portfolio diversification which shall be achieved by the following general guidelines: A. Risk of issuer default is controlled by limiting investments to those instrnments allowed by the Act, which are described herein. B. Risk of market price changes shall be controlled by avoiding over-concentration of assets in a specific maturity sector, limitation or average maturity of operating funds investments to one year, and avoidance of over-concentration of assets in specific instruments other than U.S. Treasury Securities and Insured or Collateralized Certificates of Deposit. C. Risk of illiquidity due to technical complications shall be controlled by the selection of securities dealers as described herein. 7 J J L L L VI. SELECTION OF BANKS AND DEALERS DEPOSITORY At least every five (5) years a Depository shall be selected through the City's banking services procurement process. In selecting a depository, the credit worthiness of institutions shall be considered, and the Director of Finance shall conduct a review of prospective depositories credit characteristics. SECURITIES DEALERS All financial institutions and broker/ dealers who desire to become qualified for investment transactions must supply the following as appropriate: *Proof of National Association of Securities Dealers (NASD) certification; *Proof of state registration; *Certification of having read the City's investment policy signed by a registered principal of the organization; and *Acknowledgment that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization. VII. SAFEKEEPING AND CUSTODY INSURANCE OR COLLATERAL All deposits and investments of City funds other than direct purchases of U. S. Treasuries or Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 100% of market value of principal and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC. Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party financial institution. Collateral shall be reviewed monthly to assure that the market value of the pledged securities is adequate. SAFEKEEPING AGREEMENT Collateral pledged to secure deposits of the City shall be held by a safekeeping institution in accordance with a safekeeping agreement which clearly defmes the procedural steps for gaining access to the collateral should the City of Nederland determine that the City's funds are in jeopardy. The safekeeping institution, or Trustee, shall be the Federal Reserve Bank or an institution not affiliated with the firm pledging the collateral. 8 COLLATERAL DEFINED The City of Nederland shall accept only the following securities as collateral: A. FDIC insurance coverage; J B. Direct obligations of the United States or its agencies and instrumentalities; C. Obligations, the principal and interest on which, are unconditionally guaranteed or insured by the State of Texas; and/ or D. A bond of the State of Texas or of a county, city or other political subdivision or the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent} by a nationally recognized rating agency with a remaining maturity often (10) years or less. SUBJECT TO AUDIT All collateral shall be subject to inspection and audit by the Director of Finance or the City's independent auditors. DELIVERY VS. PAYMENT Treasury Bills, Notes, Bonds and Governmental Agencies' securities shall be purchased using the delivery vs. payment method. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the Trustee. The security shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. VIII. INVESTMENT POLICY ADOPTION The City of Nederland investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed for effectiveness on an annual basis by the City Council. 9 J J L L L GLOSSARY OF COMMON TREASURY TERMINOLOGY Agencies: Federal agency securities. Asked: The price at which securities are offered. Bid: The price offered for securities. Broker: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Large- denomination CD's are typically negotiable. Collateral: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Nederland. It includes five combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance IO with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. Coupon: (a) The annual rate of interest that a bond issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. Debenture: A bond secured only by the general credit of the issuer. Delivery versus payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt (also called free). Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Discount: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. Discount Securities: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U. S. Treasury bills. Diversification: Dividing investment funds among a variety of securities offering independent returns. Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S & L's, small business firms, students, farmers, farm cooperatives, and exporters. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. Federal National Mortgage Association (FNMA): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development, H. U .D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fIXed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely ll payment of principal and interest. Federal Open Market Committee (FOMC): Consists of seven (7) members of the Federal Reserve Board and five (5) of the twelve (12) Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open-market as a means of influencing the volume of bank credit and money. Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven (7) member Board of Governors in Washington, D. C., twelve (12) regional banks and approximately 5, 700 commercial banks that are members of the system. Government National Mortgage Association (GNMA or Ginnie Mae): Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U. S. Government. Ginnie Mae securities are backed by FHA, VA, or FMHM mortgages. Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid J J J l l L and asked prices is IJ:arrow and reasonable size can be d0Ile at those quotes. Local Government Investment Pool (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. Market Value: The price at which a security is trading and could presumably be purchased or sold. Master Repurchase Agreement: To protect investors, many public investors will request that repurchase agreements be preceded by a master repurchase agreement between the investor and the financial institution or dealer. The master agreement should define the nature of the transaction, identify the relationship between the parties, establish normal practices regarding ownership and custody of the collateral securities during the term of the investment, provide remedies in the case of default by either party and clarify issues of ownership. The master repurchase agreement protects the investor by eliminating the uncertainty of ownership and hence, allowing investors to liquidate collateral if a bank or dealer defaults during the term of the agreement. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. 12 Money Market: The market in which short-term debt instruments (bill, commercial paper, bankers' acceptances, etc.) are issued and traded. Open Market Operations: Purchases and sales of government and certain other saturates in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy.. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers, banks, and a few unregulated firms. Prudent Person Rule: An investment standard. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Qualified Public Depositories: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability, and which has been approved by the Public Deposit Protection Commission to hold public deposits. Rate of Return: The yield obtainable on a security based on its purchase price ·or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Safekeeping: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's ·vaults for protection. Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution. Securities & Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legislation. Treasury Bills: A non-interest bearing discount security issued by the US. Treaswy to finance the national debt. 13 Most bills are issued to mature in three (3) months, six (6) months, or one (1) year. Treasury Bond: Long-term U.S. Treaswy securities having initial maturities of more than ten ( 10) years. Treasury Notes: Intermediate term coupon bearing U. S. Treasury securities having initial maturities from one (1) to ten (10) years. Yield: The rate of annual income return on an investment, expressed as a percentage. (A) Income Yield is obtained by dividing the current dollar income by the current market price of the security. (B) Net Yield or Yield to maturity is the current income yield minus any premium above par or plus aqy discount from par in purchase price, with the adjustment spread over the period form the date of purchase to the date of maturity of the bond. J J J L L l RESOLUTION 2014-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 10, 2014; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATIERS RELATING TO THE GENERAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland provide that on May 10, 2014 there shaH be elected the following officials for this City: One (1) Mayor One (1) Council member, Ward II One (1) Council member, Ward IV WHEREAS, the laws of the Slate of Texas and the Charter of the City of Neder1and further provide that the Election Code of the State of Texas Js applicable to said election, and in order to comply with said Code, a resolution should be passed establishing the procedure to be followed in said election, and designating the voting place for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That all independent candidates at the election to be held on the second Saturday in May, 2014, for the above mentioned offices file their application to have their name ptaced on the ballot With the City Clerk at City Hall, 207 N. 12°' Street, Nederland, Texas, not later than the sixty-second (62nd) days before the election or earlier than the 3<Jlh day before the date of the filing deadllne in accordance with Election Code Sec. 143.006 and 143.007. The earliest date for a candidate to file same will be January 29, 2014, with the last day for filing to be February 28, 2014 at 5:00 p.m. All of said applications shall be on a form as prescribed by Section 141.031 of the Electlon Code. The order in which names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk as provided by Section 52.094 of the Election Code. The City of Nedertand has one polling place located in the City Office Building, 207 N. 12"' Street, Nederland, Texas. The City Clerk is hereby authorized and instructed to provide and furnish an necessary election supplies lo conduct said election. Gracie Gonzales will serve as Presiding Judge and Pat Feldschau will serve as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed seven (7). The polls at the above designated polling place shall on said Election Day be open from 7:00 a.rn. to 7:00 p.m. Gay Ferguson is hereby appointed Clerk for Early Voting. The Earty Voting for the above designated election shall be at the Nederland City Office Building, 207 N. 12111 Street, Nederland, Texas, and said place of Early Voting shall remain open for at least eight (8) hours on each day for Early Voting which is not a Saturday, Sunday, or an official State holiday, beginning on the twelfth (12">) day and continuing through the fourth (4"') day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said Early Voting. As required under Section 85.00S(d), Election Code, early voting by personal appearance al the main earty voting polllng place shall be conducted for at least 12 hours on two weekdays, If the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted fee 121-ours from 7:00 am to 7:00 p.m. on Tuesday, April 29, 2014 and Tuesday, May 6, 2014. The above described place for Early Voting is also the Early Voting Clerk's address to which ballot applications and ballots voted by mall may be sent The Early Voting Ballot Board shall be created as provided by Election Code Sec. 67.001. Gracie Gonzales is hereby appointed as the Presiding Judge for the Early Voling Ballot Board and is authorized to appoint two (2) clerks to serve on the Board. Gay Ferguson Is hereby appointed to serve as the Presiding Judge of the Central Counting Station as provided ln Section 127.005 of the Electron Code. Seid election shall be held in accordance with the Electron Code of the State, and only resident qualified voters of said City shall be eligible to vote al said e!ectlon. All ballots shall be prepared in accordance with Texas Election Code. Paper ballots shall J be used for early voting by mail and for provisional ballots. The iVotronic Voting System v9.1.6.2 (Direct Recording Electronic) shall be used for early voting by peraonat appearance and voting on Election Day. The City Council hereby adopts for use in early voting and Election Day voting the iVotronic Voting System v9.1.6.2 (Direct Recording Electronic) as approved by the Secretary of State. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials is hereby authorized. The Mayor shall give notice of this election in accordance with the terms and provisions of Sections 4.004, 83.010, 85.004, and 85.007 of the Election code, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immedlately after the closing of the polls. It is further found and determined that in accordance with the order of this governing body, the City Clerk posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general publlc, and said notice having been posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. ~=-~- Talmadge Austin, Ward I CounciJmember Don Albanese, Ward Ill Councilmember ATTEST: GaYef9U ; City Clerk =- City of Nede and, Texas APPROVED AS TO FORM AND LEGALITY: J J l l l REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 10, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. 4. The invocation and pledge of allegiance were lead by Councilmember Rogers. 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 Councilmember Rogers and seconded by Councilmember Austin to approve the Consent Agenda Items 3 a-d as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Albanese. a. MJnute_s_ -Jan.uary 24,_ 2014 regular me_e.tlng b. Consider action authorizing the Jefferson County Mosquito Control District to fly at low altitudes as required for the application of pesticides for the control of mosquitos within the city limits of Nederland. c. Street Closures: • Consider action authorizing the closure of various City streets for the Spindletop Streetrods & Hatreds Association car show. • Consider action authorizing the closure of various City streets for the Nederland Heritage Festival activities. d. Payments: • January 2014 monthly bills • Schaumburg & Polk, Inc. -$5,332.56, 2013 Asphalt Street Rehabllltation project • Schaumburg & Polk, Inc. -$230.00, 2013 Concrete Street Rehabilitation project • Bruce's General Construction. -$7,733.00, Phase II MS4 Permit Implementation Services REGULAR AGENDA a. Chris Duque, City Manager, reported the necessity of the City to review and accept the quarterly Hotel Occupancy Tax Fund financial report from the Chamber of Minutes Continued, February 10, 2014 Commerce in accordance with Texas Tax Code Section 351.101.c. He noted e.xpen.diture_s e.xce.e.ding teve.nue_ by $12,809.43 for t_his q_uarter._ N_Q a.ctlan_ w:as necessary. b. A motion was made by Councllmember Neal and seconded by Councilmember Austin to approve an Interlocal Agreement between the City of Nederland and Jefferson County in regards to street maintenance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Albanese. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve an easement with AT&T for the burial of an underground communications cable behind the Homer E. Nagel Public Safety Complex. MOTION CARRIED. Ayes: M_ayot Nugent,. Councilmemb.ers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Albanese. d. A motion was made by Councilmember Rogers and seconded by Councilmember Austin to approve Resolution No. 2014-14, authorizing an amendment to the optional retirement ICMA 457 Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Albanese. J e. A motion was made by Councilmember Neal and seconded by Councilmember J Rogers tQ approve engaging with d.p. Consulting Engineers for engineering work for the Texas Community Development Block Grant project contract number 713349. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Albanese. f, A motion was made by Councilmember Austin and seconded by Councilmember Rogers to postpone Ordinance No. 2014-01, denying the rate increase request of Entergy of Texas, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Rogers. Noes: None. Abs_ent: M_ayor Pro Tern_ Alb_an_ese g. A motion was made by Councilmember Austin and seconded by Councilmember Rogers to approve Change Order #2 ( +$6,411.25) -Nederland City Hall project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Albanese. 5. EXECUTIVE SESSION l'he regular meeting was recessed at 4:50 p.m. by Mayor Nugent for the purpose of J conducting an Executive Session as authorized by Texas Government Code, Chapter L l l Minutes Continued, February 10, 2014 6. 7. 8. 551.071, Consultation with City Attorney. (Mayor Pro Tern Albanese arrived to the rn-~~ti_ng qt 4~55 g.m._)_ RECONVENE The regular meeting was reconvened at 5:20 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is n_e.c;.e.s.sa. r:y •. COMMUNICATION City Manager's Report: a. Construction Project Update -Steve Hamilton reported on the construction grQje_g_. • canal Hot Mix Overlay should be completed within the next 2 weeks depending on weather. • Concrete work on Helena Avenue and Avenue E is complete and root barrier is being done. • GLO Projects: Notice to proceed on the sewer rehabilitation project will be issued February 17t_h; generators for lift stations and wastewater treatment plant are due for delivery the middle to end of February; and mast arms for signal projects are due in for delivery near the end of February. • The Homer E. Nagel Public Safety Complex is progressing. Finishing work has begun on the Police side and the first half of the Fire Station foundation was poured on Saturday of last week. ~. CJty offic.es. clo_se_d o.n_ Monday,_ Fe_brua_ry 17th i.n obs.ervan.ce_ of PresJdent's_ Day .. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 5:28 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers, Noes: None. R. A. Nugent, Ma City of Nederland, ATTEST: City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING A TIENDANCE SHEET NAME TITLE PRESENT ABSENT J R. A. Nuaent Mavor ./ Talmadge Austin Council Member-Ward I v Billv Neal Council Member-Ward II v Don Albanese 4: "5'5" Councll Member -Ward 111 ./ Bert Rogers Council Member-Ward IV ./ Chris Duque City Manager v Gav Ferauson Citv Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance v Darrell Bush Police Chief v Gary Collins Fire Chief v J Steve Hamilton Director of Public Works v Georae Wheeler Buildlna Official v Victoria Klehn librarian v Hollv Guidrv Human Resources Director v Joni Underwood Executive Secretarv \/ - Anaela Fanelle Parks Director I/ J February 10, 2014 Date L L Jefferson County Mosquito Control District Kevin J. Sexton, Director 8905 First Street Beaumont, Texas mos Phone: (409) 719-5940 Fax: (409) 727·4176 ksexton@co. jeff erson. tx. us Mayor's Office City of Nederland P.O. Box967 Nederland, TX 77627 Organized in 1950 . l) .~ January 6,_2014 AERIAL WAIVER Advisory Commission: Dr. M.O. Way, Chairman Denise Wheeler, Secretary George Mitchell Paul Jones Wayne Morris Matt Vincent The Jefferson County Mosquito Control District is authorized to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the limits of City of Nederland, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regul~ons governing this type of application. Signature: F{ /JI, '-"'"!<'-'-cr---,..,.-=-=---------- Mayor's Office, of Nederland, Texas Date: Jerry Hinson, Chief Pilot Jefferson County Mosquito Control District JWH/dw L 2 -------------~ ----------~ ------------------ ond CITY OF NEDERLAND RESOLUTION 2014-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE OPTIONAL RETIREMENT ICMA 457 PLAN TO PERMIT LOANS WHEREAS, the City ofNederland have employees rendering valuable services; WHEREAS, the City has established an optional 457 retirement plan (the "Plan") for such employees which serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that permitting participants in the optional 457 retirement plan to take loans from the Plan will serve these objectives; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: the Plan will permit loans from a participant's ICMA 457 account for no more than 50% of the participant's account balance up to $50,000 in accordance with the Internal Revenue Service Code PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this lOlh day of February, 2014. o8YfCD:citycik City ofNederland, Texas J J J l L L REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 24, 2014 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. The invocation and pledge of allegiance were lead by Councilmember Rogers. CONSENT AGENDA ~ All consent agenda Items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, In which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Austin and seconded by Councilmember Rogers to approve the Consent Agenda Items 3 a-e as presented. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. "'' M_inyt~$ -F~bry('!ry l()i io14 wi;>rk$hQp ?!fl~ r~gy\('!r m~~ti_ng b. January 2014 Departmental Reports c. Tax Assessor Collection Report -January 2014 d. Consider action approving a request from First Baptist Church to utilize Doornbos Park for their annual Easter Egg Hunt. e. Payments: • ~j:!!?lc:;he Arc:hltfi!c:twr~I ~rQYP; Inc:;. -$~,QQ4.4~; Hgmer i;, ~~g~! PyQlic:; Si'!f~ty Complex project • LaBiche Architectural Group, Inc. -$10,395.00, Homer E. Nagel Public Safety Complex Roof project • Bruce's General Construction -$5,770.12, Nederland City Hall project • Bruce's General Construction -$321,858.90, Homer E. Nagel Public Safety Complex project • Bruce's General Construction. -$29,393.95, 2013 Concrete Street Rehabilitation project • A & A Electrical Company of Beaumont, Inc. -$25,230. 78, Hurricane Ike Round 2.2 Wastewater Treatment System generators project • LD Construction -$367,126.36, 2013 Asphalt Street Rehabilitation project • Sc:;h~yrnQLJrg ~ PQlk; Inc:;-, -$1~;0~1.~Q, ;?()1~ A!;ph('!lt Str~~t R~hi'!Pilltc!tign project Minutes Continued, February 24, 2014 4. REGULAR AGENDA a. Scott Ferguson, President of Adaptive Sports for Kids, thanked the City Council for J their continued support. He invited everyone In attendance to the Opening Day of baseball to be held on March 8, 2014 at 1:00 p.m. at Doornsbos Park. Players presented t-shirts to Councllmembers, City Manager, and City Attorney. No action was necessary. b. A motion was made by Councilman Neal and seconded by Councilmember Rogers to accept the "Racial Profiling Report" from the Nederland Police Department as required by Article 2.132{b)(7) of the Texas Code of Criminal Procedure. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Rogers. N9@!!; Nqne. Absent: Mayor Nugent. c. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve Ordinance No. 2014-02, adopting rules and pricing for the Nederland Swimming Pool. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Rogers. N9@!!! Nqne, Absent: Mayor Nugent. d. A motion was made by Councilmember Rogers and seconded by Councilmember Austin to authorize acceptance of the 2013/14 grant funds from the Wilton and Effie Mae Hebert Foundation. MOTION CARRIED. ~~::~ ~!~~'.Pro Tern Albanese, Councllmembers Austin, Neal, and Rogers. J Absent: Mayor Nugent. e. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the submission of a grant application to the Foundation for Southeast Texas. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Rogers. N9@!!; N9.11e-, Absent: Mayor Nugent. f, A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a two-year extension to the Interlocal Agreement for Fire Protection Service with Jefferson County Water Control & Improvement District No. 10. MOTION CARRIED. AY@!!; M~yqr PrQ Tern AU~?H1e\5:e; ~Q\.!nc;;Umembef? A!.l\S:tl.fl; Ne~h ~nQ R,ggef?; Noes: None. Absent: Mayor Nugent. g. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a work authorization with Schaumburg & Polk, Inc. for engineering \S:~!rYi~e!i rel~ted to the 2Q14 A!.;ph~!t Street Reh~~ilit~tign projeq. MQT-IQN CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. J l L l Minutes Continued, February 24, 2014 5. h! G:hri§ ~1Jg1J~, ~it;y M~n~g~r, pr~§~nt~~ tll~ f\.m~ru;:Jm_~n_t tg QrQin~ri.;;~ Ng, 1Q7, establishing a four-way stop at the intersection of 15th Street and Boston Avenue. Councilmember Neal expressed reservations of Installing stop signs at this location. He expressed possible negative traffic consequences mainly because of the proximity of the school and the existing 4-way stop at Boston and 14th Street. Mayor Pro Tern Albanese asked for a motion. The proposal died for lack of a motion. i. A motion was made by Councilmember Neal pending completion of the punch list and seconded by Councilmember Austin to approve final payment and release of retainage to Bruce's General Construction -Nederland City Hall project. MOTION CARRIED. AY@~; M.~YQf PrQ Tern Alb~nese, CQL!n~Ume:mbers; Austini Ne.a,, ~nd RQgers. Noes: None. Absent: Mayor Nugent. j. A motion was made by Councilmember Austin and seconded by Councilmember Rogers to approve Ordinance No. 2014-03, authorizing participation with other Entergy-servi~e ~ities in mc,tters c:;pn~erning Entergy Tex~s, In~-. C)t the Publi~ Utility Commission of Texas and the Federal Energy Regulatory Commission in 2014. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. k. A motion was made by Councilmember Rogers and seconded by Councilmember Austin to approve Ordinance No. 2014-04, denying the rate increase request of Entergy Texas, Inc. filed on September 25, 2013, setting just and reasonable rates for Entergy Texas, Inc. for service within the municipal limits pursuant to a settlement with Entergy Texas., and requiring Entergy Texas, Inc. to file updated tariffs In compliance with the approved rates. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. COMMUNICATION City Manager's Report: a. Miscellaneous: Trash Bash is scheduled for March 8, 2014 at 8:30 a.m. ASK Opening Day Ceremonies will be March 8, 2014 at 1:00 p.m. 8. ADJOURN There being no further business a motion was made by Councilmember Rogers and seconded by Councilmember Neal to adjourn the meeting at 5:14 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Rogers. NQ@~; ~qn_e, Absent: Mayor Nugent. Minutes Continued, February 24, 2014 ATTEST: Gfu'Flfg ~ tin, ~ity (i~_ Clty of Nederland, Texas ~Qn_ A_IQ~!'l.~$~; M~yqr PfQ T~m City of Nederland, Texas J J J L l L NAME R.A. Nuaent Talmadge Austin Billy Neal Don Albanese Bert Rogers Chris Duque Gav Ferauson Jesse Branick Che"'I Dowden Darrell Bush Gary Collins Steve Hamilton Georae Wheeler Victoria Klehn Hollv Guidrv Joni Underwood Angela Fanelle CITY OF NEDERLAND COUNCIL MEETING A ITENDANCE SHEET TITLE PRESENT Mavor / Council Member -Ward I v Council Member-Ward II v Council Member -Ward Ill v Council Member -Ward IV \/ Cltu Manaaer v CituClerk v Cltv Attorney v Director of Finance v Police Chief / Fire Chief v Director of Public Works 1/ Building Official v Librarian / Human Resources Director ii Executive Secretarv v: Parks Director ii Do Albanese, Mayor Pro Tem G February 24. 2014 Date ABSENT v ORDINANCE NO. 2014-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ESTABLISHING HOURS OF OPERATION, PROCEDURES, FACILITY RENTAL FEES, POOL RENTAL/PASSES, AND LEAGUEFEESFORTHENEDERLANDRECREATION CENTER AS SHOWN IN EXHIBIT "A"; REPEALING ORDINANCE NO. 2011-19; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Nederland Parks & Recreation Board has reviewed the presented revisions to the parks schedule of fees ordinance and recommends its adoption to the Nederland City Council; and WHEREAS, the City Council of the City ofNederland has been presented with hours of operation, procedures, and a schedule of fees for the Nederland Recreation Center and the swinuning pool for its acceptance and adoption; and WHEREAS, the City Council of the City ofNederland 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, TDEREFORE,BEITORDAINEDBYTHECITYCOUNCILOFTHECITY 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 ad°:pted; and Section 2. Ordinance No. 2011-19 shall be repealed when this Ordinance becomes effective; and Section 3. 1bis 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 24rn day of FEBRUARY, 2014. ATI"EST: Ga~n~l~~ City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: Iron Albanese, Mayor Pro Tern City ofNederland, Texas J J J L l L RECREATION BUILDING FACILITY USE HOURS OF OPERATION Open for Public Use Monday -Thursday Friday Business hours 10 a.m. -8 p.m. 10 a.m. -5 p.m. 11 a.m. -5 p.m. Closed Private use/ After hours· N/A Satutday Sunday 5:30 p.m. -9:30 p.m. 5:30 p.m. -9:30 p.m. 11:30 a.m. -9:30 p.m. RECREATIONAL FACITILTY USE FEES Any and all fees may be waived at any time by City Council action. RECREATION BUILDING NON-RESIDENT FEES NISD Students (under 19 with valid School ID) Other Non-residents (full building use) College Students J2oib_ $8.00 $5.00 No charge Month/) $30.00 Quarterf:y $80.00 An1111al $200.00 Monthf:t Quart<rj; Annual Hoop -N-Spike Club (Gym & Weight Room use only) $20.00 $50.00 $120.00 Racquetball Club (racquetball court only) $20.Qb-$50.00 $120.00 All patrons, resident and non-resident, must regi_ster at ~t desk to be granted use of facility I.D. uired for entry-recurring non-ri.!sidc:!nt visitors ·must register at front counter RECREATION BUILDING RENTAL FEES All actlvllles and applications must be approved by the Parks & Recreation Director before transaction is finalized. All after-hour functions must hi:!. reserved five business days before desired dote. RESIDENT Hourly rates B11.rines1 hours .rlfler ho1m Racquetball (per player, max two hours) $2.00 N/ A Gymnasium (2-hour minimum) -After hours onfy N /A $35.00 Game room -After-hour:r onfy N /A $35.00 V"' Gogh (Rooms 111 /122) $25.00 $35.00 Rembrandt (Room 129) $25.00 $35.00 Kitchen $2.00 $2.00 Three.rooms N/A $105.00 Vermoer (Room 124) N/A N/A Outdoor facilities (permit issued) N/ A N /A **Functions excee&ng 75 u to 100 persons will be d $1.00 per person over 75 N/A $100.00 $40.00 $20.00 $20.00 N/A $160.00 N/A $100.00 The deposit is refunded as long as everything is cleaned and no damage is done to the facility. NON-RESIDENT Hourly rates Bll.Iint.rs hourr 4fler hourr Racquetball (per player, max. two hours, must be with resident) $5.00 N/ A Gymnasium (2-hounrunimum) -.r1frer b,,,,,, on_& N /A $50.00 Gameroom-Afterhourso11fy N/A $50.00 Van Gogh (Rooms 111/122) $35.00 $50.00 Rembrandt (Room 129) $35.00 $50.00 Kitchen (in conjunction with any room) $2.00 $2.00 Th.tee rooms N/ A $150.00 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 $2.50 per person over 75 Deposit N/A $100.00 $40.00 $20.00 $20.00 N/A $160.00 NIA $100.00 The deposit is refunded as long as everything is cleaned and no damage is done to the facility. LEAGUE FEES Softball Basketball -Residents Basketball-Non-Residents Volleyball Random Draw volleyball tournaments $325.00/team Includes Affiliation dues & official's fees $125.00/team Teams pay officials (referees, scorekeeper) $175.00/team Teams pay officials (referees, scorekeeper) $ 50.00/team Teams pay officials (referees, scorekeeper) $5.00/participant Code of Conduct • A resident is considered any person that leases, rents or owns property within the city limits of Nederland. • Active members of the United States Armed Forces, with valid military 1.0., wilt be given resident status for facility use and rental fees. • Neither alcoholic nor tobacco products of any kind are allowed in building, no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • Only residents are allowed reserve racquetball courts. Non-resident must be with resident to play racquetball, unless a non-resident membership is purchased. Minimum age for racquetball participants without adult supervision is 16-years-old. Rental SllPUllUIRS • Applications-Rental applicants are required to provide all pertinent information relating to function at time of application. Fees for an event must be paid in full (including the deposit) in order for a date to be reserved. • Deposits -A clean-up/damage deposit is required on any room rented for private use. The deposit amount will be combined when renting more than one room. Applicants are required to clean up after use of the facility. • Chaperones-For every seven (7) children under the age of 18 in attendance at any private function, one (1) adult must be designated by the applicant to monitor facility use. Applicants are responsible for the behavior of all guests using the facilitv. Failure to meet this stipulation will result in forfeiture of deposit. • 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. 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. Failure to meet this stipulation will result in forfeiture of deposit. • Time Allotment-For all functions the attendant on duty will conduct building inspections and allow admittance into reserved room(s) 15 minutes before scheduled time of function. Any extra preparation time must be included in rental application and reservation. All clean-up and restoration J J J l l L must be included in allotted time of reservation. Failure to meet this stipulation will result in forfeiture of deposit. • Decorations -No glitter or confetti are allowed as decoration. No thumbtacks or hot-glue may be used to hang decorations on walls. Nothing may be hung from the ceiling tiles or ceiling grid. Failure to meet this stipulation will result in forfeiture of deposit • 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. o All security arrangements are to be made through the Nederland Police Department's Assistant Chief or his designee. o Any function that includes the use of a disc jockey or dance-club-type music is subject to security arrangements. o All functions exceeding 75 people are subject to security arrangements. o Applicants are responsible for securitv arrangements when relevant. 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 is staged for profit or fund raising, a $200 merchant fee will be charged. This fee is in addition to all regular fees and deposits. o The Recreation/ Aquatics Supervisor reserves the right to :deny use of the facility; such action may be appealed to the City Council. o Food vendors are required to secure permits needed for sale of food items. o City sponsored or co-sponsored events shall not be _Subject to Merchant Fee. • Non-profit Organizations All· Nederland-based _non-profit-organizations (youth league board, Chamber of Commerce committees, Scout organization~, etc;) may apply for and use the Vermeer meeting room at no charge, but are subject to Recreation Building" schedules. NEDERLAND SWIMMING POOL HOURS OF OPERATION Wednesd Thursda Frid Barn 1~~1~;~.'· i~~~~I~~ ~~l1~i~j ;l~l~ti~~: 11ri~~1:z;,. 9am !Oam llam 12pm Lessons Open Swim for Public ,,,. !pm 2pm 3pm 4pm 5pm (small daycare groups and private lessons) Open Swim 6pin 7pm Bpm 9pm !Opm POOL FEES PRIVATE POOL PARTY 1-30 swiminers. •. 31-50 swJmmers 51-125 swimmers *125 is caoat!itu . OPEN SWIM . . . . 49 inches and-up .. ·. Pool Parties: 5:30-7:30 7:30-9:30 . . 41·4 inches with adult admin Under 41 inches with adult admin SWIM LESSON . SwiiTI-Lesson GroUp- Swim Lesson Private 4 days Swim Lesson Private 8 days CURR£ NI Non- Resident Resident $ 125 $ 150 $ 150 $ 200 $ 175 $ 250 . . $ 4.00 $ 8.00 $ 2.00 $ 5.00 Free Free $ 60 $ 70 $ 75 $ 85 $ 130 $ 150 Pool Parties: 5:30-7:30 . 7:30-9:30 5:30- 7:30 pool party PROPOS£I> Non- Resident Resident . $ 150 $ 200 $ 175 $ 225 $ 200 $ 250 . . · .. $ 4;00' $ 10.00 $ 2.00 $ 7.00 Free $ 3.00 . . . $ 60 $ 70 $ 75 $ 85 $ 130 $ 150 J J J l l l Season Swim Passes Single (resident): Single (non-resident): Family of 4 (resident): Family of 4 (non-resident): $80 $120 Replacement Pass $160 add $10 per additional members up to seven total $200 add $10 per additional members up to seven total $10 Notes: Single pass o Only valid for swimmers over the age of 10. o Parent consent and emergency contact information required at application. o No admission/attendance requirements. Family passes o All children under age of 10 require parent/guardian/adult supervision at all times, no exceptions. o Non-relative adults (baby-sitters, neighbors, etc) may be listed on application. o Additional members may be added up to seven (7) family members Swimming Pool Code of Conduct: • The normal swim season is from Memorial Day to Labor Day. • Rental applicants are required to provide all pertinent information relating to function at time of application. The deposit amount must be submitted with application before any party slot is reserved. All reservations must be made in person, no dates wilt be held without application and deposit. • Rental applicants are responsible for the behavior of all guests using the facility. • No private parties are allowed during public swim hours. • Neither alcoholic nor tobacco products of any kind are allowed on premises, no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • No glass containers of any sort, kind or variety allowed; no exceptions. • Public swim patrons are allowed to bring hydrating-style beverages-such as bottled water, tap water in exercise-style personal drinking bottle, sports drinks, etc. -all of which are subject to pool management and staff inspection. • No outside food allowed, except for Family Night and private rental events. No cooking or open flame allowed on pool grounds or within 50 feet of facility entrances. • Patrons are allowed to leave pool grounds and return without penalty. • No Re-Entry-once a patron leaves the pool, they must pay another admission fee to re-enter. ORDINANCE NO. 2014-03 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA cmES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2014 WHEREAS, Entergy Texas, lnc.'s ("ETI") implementation of customer choice has ceased due to Senate Bill 1492 and ET! will continue to be regulated; WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on ETI and customer bills during the year and into the future; WHEREAS, ETI is scheduled to litigate requests in various proceedings before the Public Utlllty Commission, before municipalities, or before the Federal Energy Regulatory Commission in 2013 related to ETl's proposal to Integrate with the Midwest Independent System Operator ("MISO"), ETl's commitment to exit the Entergy System Agreement on an expedited basis, various fuel cost refunds or surcharges and reconciliations, capacity cost surcharges and reconcillatlons; and for any type of incremental base rate adjustment proceedings (such as a transmission cost recovery rider, a distribution cost recovery rider, energy efficiency cost recovery factor, hurricane restoration cost or offset true-ups, or a purchased power capacity cost recover rider} or cost allocation adjustments; WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2014, and file other fuel proceedings during 2014 to reconcile fuel, to refund or surcharge fuel charges, and to change the fuel mechanism, along with various surcharge requests impacting rates; WHEREAS, Ell is scheduled to file a proceeding to recover costs incurred In association with its Energy Efficiency Plan as well as reconcile past costs; WHEREAS, Oties have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas In the municipality pursuant to Tex. Utif. Code§ 33.001; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to TEX. UTIL Code§ 33.025, and standing before each Federal Energy Regulatory Commission case in which the City may be affected pursuant to 18 C.F.R. § 385.214; WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate In cases that are deemed rate proceedings pursuant to Tex. Utif. Code § 33.023. NOW, THEREFORE, BE IT ORDAINED BY THE OTY COUNCIL OF THE CITY OF NEDER~ND, TEXAS, that: J J SECTION 1. The City of Nederland shall participate with other Cities to intervene J in ETl's various rate filings related to the various fuel cost surcharges and reconciliations, capacity cost surcharges and reconciliations, the allocatlon and refund of rough l l L production cost equalization payments, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Publ!c Utility Commission or with municipalities In 2014 and seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and Its residents. The City of Nederland shall participate with other Cities to intervene in fuel or fuel related proceedings at the Public Utility Commission and the Federal Energy Regulatory Commission on file in 2014 concerning ETI's rates charged to Texas customers. AU such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from Ell of all reasonable expenses associated with participation in said proceedings. SECTION 2. This Ordinance shall be effective from and after the date of its passage. PASSED AND APPROVED this 24™ day of FEBRUARY, 2014. ATIEST: APPROVED AS TO FORM: 2 ORDINANCE NO. 2014-04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ("CITY") DENYING THE RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON SEPTEMBER 2S, 2013; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS PURSUANT TO A SETTLEMENT WITH ENTERGY TEXAS, INC.; REQUIRING ENTERGY TEXAS, INC. TO FILE UPDATED TARIFFS IN COMPLIANCE WITH THE APPROVED RATES; FINDING THATTHE 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 September 25, 2013 Entergy Texas, Inc. ("Entergy") filed a Statement of Intent with the City to increase electric base rates in the Entergy Service Area by $38.6 million per year, to implement new riders charging customers $14.5 million per year, for a total requested annual increase of $53.1 million; and WHEREAS, the Ci_ty of Nederland suspended the effective date of Entergy's rates within Its jurisdictional limits until at least January 28, 2014 and hired the Lawton Law Firm, P .C. to review the Company's rate change request and proposed tariffs; WHEREAS, Entergy agreed to extend the January 28, 2014, jurisdictional deadline to March 15, 2014, and further agreed to extend the March 15, 2014 deadline to March 24, 2014 in order to accommodate the passage of Ordinances adopting settlement rates; WHEREAS, Entergy and parties to PUC Docket No. 41791, Entergy's base rate case currently pending before the Public Utility Commission, have reached a settlement in principle of Entergy's base rate increase request resulting in a $18.5 million increase to Entergy's current adjusted revenues; WHEREAS, under the settlement Residential, Small General Service, and the Lighting Class customers wlH all receive a base rate decrease. The base rate increase/(decrease) is allocated among the customer classes as follows: Table 1 Pronosed Settlement Base Rate Increue/ffiecrease)"" Customer Class Customer Class Ente ....... Initial R-uest Pro sed Settlement Residential $2,049,444 1$2,212,0941 Small General Service $169,710 t$280,6301 General Service $23.549,366 $15,937,075 e General Service $3,753,620 $1,801,335 -T ~-e Industrial $9,255,883 $3,508,964 Li tin .. Service 1$115 150\ 1$= Total Base Rate Increase: $38,602.R73 $18 0,000 WHEREAS, the settlement rates and tariffs are a just and reasonable result and are well within the range of reasonable outcomes of Entergy's base rate case had it been appealed to the Public Utility Commission of Texas; WHEREAS, the statutory deadline to act on Entergy's rate increase request is March 24, 2014; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: J J J l l l Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of Nederland hereby denies the rate increase requested in Entergy's Statement of Intent. Section 3. The City finds that an. annual base rate increase of $18.S million is just and reasonable in accordance with Texas Utility Code§ 36.003 and consistent with a reasonable resolution of the issues raised by Cities' expert consultants. Section 4. The City finds that the annual base rate increase shall be billed to each customer class in accordance with the class allocation of revenues and rate design as agreed by all parties in the settlement of Docket No. 41791 and as shown above. The settled class allocation and rate design are reasonable and consistent with the recommendation of City's experts retained to review Entergy's rate Increase request. Section S. The City finds that Entergy should be permitted to recover Entergy's rough production cost equalization expenses through surcharge amortized over three years. Section 6. The City finds that Entergy should be permitted to recover Entergy's reasonable rate case expenses through surcharge amortized over three years. Section 7. Entergy's proposed special circumstances request to recover historical capacity charges of $22,942,706 from customers through reconcilable fuel rates should be and is hereby denied consistent with the parties' settlement ln PUC Docket No. 41791. Entergy is also ordered to reduce Entergy's recommended retail fuel reconclliation balance by an additional $1.25 million consistent with the parties' settlement in PUC Docket No. 41791. Section 8. Except as modified by City's Ordinance setting rates and the settlement approved in PUC Docket No. 41791, Entergy's statement of intent application on file with the City Is approved. Section 9. Entergy is hereby Ordered to file a proof of revenues and Entergy's proposed tariffs reflecting rates consistent with the City's revenue requirements and adjustments set out above. Such rates and tariffs shall be effective for service rendered on and after April 1, 2014 in accordance with Texas Utility Code § 36.111. In the event that the effective date of rates result Ing from the settlement of PUC Docket No. 41791 is delayed beyond the April 1, 2014 effective date, then effective date of Entergy's rates within the City will be suspended and will coincide with the manner of implementation and effective date of rates approved In PUC Docket No. 41791. Section 10. 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 11. This ordinance shall become effective from and after its passage. PASSED ANO APPROVED this 24™ day of FEBRUARY, 2014. ATTEST: 2 THE LAWTON LAW FIRM, P.C. J 12600 Hill Counay Blvd., Suite R-275 •Austin. Teiras 78738 • 512/322-0019 • Fax: 855/298-7978 February 12, 2014 Via E-Mail Mr. Richard Ferguson Mr. Tyrone Cooper City Attorney -City of Anahuac City Attorney-City of Beaumont 13201 Northwest Freeway, Suite 300 P.O. Box 3827 Houston, Texas 77040 Beaumont, Texas 77704 Mr. Kyle Hayes Mr. Paul Fukuda City Manager-City of Beaumont City Attorney -Bridge City P .0. Box 3827 260 Rachal Beaumont, Texas 77704 Post Office Box 846 Bridge City, Texas 77611 Ms. Dion Miller Mr. David Olson J City Manager -City of Cleveland City Attorney -City of Cleveland 907 E. Houston Wortham Tower, Suite 600 Cleveland, Texas 77327 2727 Allen Plllkway Houston, Texas 77019 Mr. Kenneth Wall Mr. Mark Winberry .;. City Attorney -City of Cleveland City Attorney-City of Conroe Olson & Olson P .0. Box 3066 Wortham Tower, Suite 600 Conroe, Texas 77305 2727 Allen Plllkway Houston, Texas 77019 Mr. Felix Sklupa Mr. David Douglas Mayor-City of Dayton City Manager-City of Dayton 117 Cook Street 117 Cook Street Dayton, Texas 77535 Dayton, Texas 77535 Mr. James Black Mr. D. E. Sosa City Attorney -City of Groves City Manager-City of Groves 3535 Calder Avenue, Suite 300 P.O. Box 3286 Beaumont, TX 77706 Port Arthur, Texas 77643 J 1 Ms. Tina Paez Ms. Melba T. Pourteau l City of Houston Admini-tion & Regulatory City of Houston Legal Department Affairs Department (ARA) P.O. Box 368, Houston, Texas 77001-0368 611Walker,10th Floor City Hall Annex, 4th Floor Houston, Texas 77002 900Bagby Houston, Texas 77001-0368 Mr. Leonard Schneider Mr. Matt Benoit City Attorney -City of Huntsville City Manager-City of Huntsville Liles Parker, PLLC 1212Ave.M 800 Rockmead Dr., Ste 165 Huntsville, Texas 77340 3 Kingwood Place Kingwood, TX 77339 Mr. Gary Broz Mr. Bryan Fowler City Manager-City of Liberty City Attorney-City of Montgomery 1829 Sam Houston 101 Old Plantersville Road Liberty, Texas 77575 Montgomery, Texas 77316 Mr. Cary Bovey Mr. Brad Stafford Law Office of Cary L. Bovey, PLLC City Manager -City of Navasota 2251 Double Creek Dr., Suite 204 202 E. Washington l Round Rock, Texas 78664 Navasota, Texas 77868 Mr. Jesse Branick Mr. Christopher Duque City Attorney-City of Nederland City Manager-City ofNederland 221 Hwy. 69 South, Suite 100 (office) P.O.Box967 Nederland, Texas 77627 Nederland, Texas 77627 Ms. Vicky Rudy Ms. Heather Neeley City Manager -City of Oak Ridge North City Secretary-City of Oak Ridge North Oak Ridge North 27424 Robinson Road 27424 Robinson Road Oak Ridge North, Texas 77385 Oak Ridge North, Texas 77385 Mr. Shawn Oubre Mr. Rodney Price City Manager-City of Orange City Attorney-City of Pine Forest 803 W. Green Avenue, Room 201 City Attorney-City of Rose City Orange, Texas 77630 215 W. Freeway Vidor, Texas 77662 Mr. Tommy Gunn Mr. Joe Parkhurst City Attorney-City of Pinehurst City Administrator -City of Pinehurst L 202 S. Border 2497 Martin Luther King Jr. Drive Orange, Texas 77630 Orange, Texas 77630 2 Ms. Val Tizeno City Attorney-City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77640 Mr. Pete Steele City Attorney -City of Port Neches 3120 Central Mall Drive Port Arthur, Texas 77642 Mr. Greg Smith City Manager -City of Shenandoah 29955 IH-45 N. Shenandoah, Texas 77381 Mr. Tommy Bartosh City Manager -City of Silsbee 105 South 3"' Street Silsbee, Texas 77656 Mayor Dorothy Welch City Attorney Leonard Schoeider City of Splendora P.O. Box 1087 Splendora, Texas 77372 Mr. GuyN. Goodson City Attorney -City of Vidor P.O. Box 4915 Beanmont, Texas 77704-4915 Mr. Joe Alford City Attorney -City of West Orange 105 Market Orange, Texas 77630 Mr. Floyd Johnson City Manager-City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77640 Mr. Andre Wimer City Manager-City of Port Neches 634AvenueC Port Neches, Texas 77651 Mr. Harry Wright City Attorney-City of Silsbee PO Box 186 Port Neches, Texas 77651 Mr. Larry Saurage City Manager -City of Sour Lake 655 W. Barldey St Sour Lake, Texas 77659 Michael Kunst City Manager -City of Vidor 1395 N. Main St Vidor, Texas 77662-372_6 Mayor Roy McDonald Mayor-City of West Orange 2700 Western Avenue West Orange, TX 77630 Michael S. Stelly City of West Orange, Texas 2700 Austin Avenue West Orange, TX. 77630 Re: Proposed Settlement on Entergy's Base Rate Case Dear Cities: As stated in the Meeting of the Steering Committee of Cities this morning, we recommend each City pass the attached Rate Ordinance setting rates consistent with the settlement negotiated between all parties to Entergy Texas Inc. 's base rate case currently on file J J before the Public Utility Commission of Texas. The proposed Rate Ordinance is attached as J "Attachment 1." The Steering Committee of Cities, after meeting regarding the proposed 3 l l L settlement, has voted to recommend approval of the attached Rate Ordinance to each individual City. AB we discussed at the meeting of the Steering Committee of Cities, the proposed settlement is for a base rate aonual revenue increase of $18.5 million. Also as discussed during the meeting, Residential, Small General Service, and the Lightillg Class customers will all receive a base rate decrease under the settlement. The base rate increase/(decrease) is allocated among the customer classes as follows: Table 1 Prooosed Settlement Base Rate Increase/ffiecrease hv Cnstomer Class Cnatomer Class Ent•rav Initial Rennest Proposed Settlement Residential $2,049,444 ($2.212,094 Small General Serv:ice $169,710 ($280,630 General Service $23,549,366 $15,937,075 Lar~ General Service $3,753,620 $1,801,335 Large Industrial $9,255,883 $3,508,%4 Li••tin2 Serv:ice ($175,150) ($254,652) Total Base Rate Increase: $38,602,873 $18,500,000 The proposed settlement also permits Entergy to implement two new surcharges that are authorized by Texas Statute and Federal case law. The two new surcharges are the Rough Production Cost Equali?J1tion Surcharge and the Rate Case Expense Surcharge. Entergy has agreed to spread these two charges over three years to lessen the rate impact to customers. The Rough Production Cost Equalization Surcharge permits Entergy to surcharge rough production cost equaliZJltion expenses of $11.4 million, or $3.8 million aonually for three years. The rough production cost equalization expeoses were incurred by Entergy pursuant to tariffs approved by the Federal Energy Regulatory Commission. The Rate Case Expense Surcharge permits Entergy to surcharge customers for rate case expenses as authorized by Texas Statute. The final ainount of rate case expenses are not yet known, but estimating the rate case expenses at $5 million would result in a $1.7 million annual surcharge for three years. · Separate and apart from Entergy's proposed base rates and surcharges, Entergy's original filed case requested that the Commission approve a reconciliation of Entergy' s fuel expenses and requested authority to inclnde $22.9 million of historical capacity costs in fuel charges to be collected from customers. AB part of the proposed settlement, Entergy has withdrawn its $22.9 million dollar request and has agreed io further reduce the proposed reconcilable fuel charges by $125 million. The typical bill may be broken down into three categories for rate making purposes-- base rates, fuel charges, and surcharges. Base rates are charges for the expected operations of Entergy. Such charges inclnde labor, operations and maintenance, taxes, insurance, shareholder profits and interest expense. Fuel cost charges capture the cost of foe!: nuclear, coal, gas and oil to operate the power plants. Surcharges recover specific identified non-recurring costs over a specified period. Surcharges are used to recover past hurricane restoration costs, rate case expenses, and energy efficiency costs. 4 The following table provides !he typical monthly bill (Base Rate, Fuel Charges, and J Surcharges) that would be charged under the proposed rates to be approved by Cities. Table2 Comparison of Typical Bills for Entergy Texas, Inc.1 Cnstomer Class Typical Usage Entergy Entergy Proposed Present Rates Proposed Settlement Rates Rates Residential IOOOkWh $114.51 $116.40 $114.50 Small General Service IOOOkWh $114.35 $114.98 $112.85 General Service 50kW $1,096.71 $1,206.09 $1,167.06 12,775 kWh . Large General Service lOOOkW $29,630.63 $31,134.95 $30,334.54 401,500kWb Industrial Service 10,000kW · $300,705.22 $310,176.66 $304,500.10 5,840,000 kWh So for a typical residential customer using 1000 kWh per month, the monthly bill would be J decreased by $0.01 from cunent rates and $1.90 from Entergy's proposed -increase. For a typical small general service customer using 1000 kWh per month, the monthly bill would be decreased by $1.50 from current rates and $2.13 from Entergy'• proposed rate increase. Attached as "Attachment 2" is a spreadsheet showing the -comparison for typical bills in greater detail. We recommend the proposed settlement to the Cities for approval as the settlement represents a fair outcome and a reasonable estimate of the -· that may be approved had the case been appealed to the Commission. Settlement of the case reduces 1he risk of an unanticipated or negative outcome and also reduces litigation expenses. We recently sent the Cities a letter recommending that the Cities pass a rate Ordinance acting on Entergy's proposed rate increase request. Becanse 1he proposed settlement would resolve all issues in that case, the previously sent rate Ordinance is no longer necessary. If your City bas already passed the previously sent Ordinance-that is okay. The City will then have the option of approving the attached Ordinance setting rates consistent with the settlement or letting Entergy appeal the previous Rate Ordinance to the Public Utility Commission where the rates will be set consistent with the settlement 1 The typical bill totals include the base rate charge, fuel charges, and surcharge riders. 5 J l [ L As a reminder, the jurisdictional deadline for Cities to act on the attached Ordinance bas been exteoded by Entergy to March 24, 2014. Attached as "Attachment 3" is a letter from Entergy agreeing to extend the jurisdictional deadline. If there are any questions or concerns, please do not hesitate to call. 6 J Attachment 2 J J l [ L Industrial Power Service (at 69 kV) TotalCom n Total Com General SeMce lndll5trial Power 5el'Yice (at 69 kVl T°"' Com DOO<ET NO. 41791 ENTERGY TEXAS, INC. TYfliCAL BZLL COMPARISONS 10,000 5,840,000 $96,529.44 u,ns 10,000 5,840,000 $107,634.82 TAlll.E3 so $1,096.71 $1,206.(19 5,840,000 $300,705.22 $309,987.48 $304,500.10 $38,602,873 5.75" 18,500,000 $53,133,797 6.78% 23,968,201 $109.38 $70.35 $9,282.26 $3,794.88 $S3,13!1,797 3.959' 23,968.201 Note: Reflects $18.5 mlHlon base rate lTICl'ease and $5 ml111on In rate case expense recovery (over 3 years). ,,.. 3.06% L26% L78% J Attachment 3 J J L L Dan Lawton Stephen Mac1c .The Lawton Law Firm 12600 Hill Country Blvd., Suite R275 Austin, Texas 78738 February 12, 2014 Entergy SeMces, Inc. 919 Congress Ave., Suite 840 Austin, lX 78701 Tel 512-487-3957 Fax 512-487-3958 RE: Application of Entergy Texas, Inc. far Authority to Change Rates and &concile Fuel Costs, SOAH Docket No. 473-14-0366; PUC Docket No. 41791 Dear Dan & Stephen: Per our discussions earlier this week regarding cities' ordinances and the potential settlement agreement, Entergy Texas agrees to extend the jurisdictional deadline for the municipalities with origloaljurisdiction in this matter from March 15, 2014 to March 24, 2014. s7~~ si:L:/mast Assistant Oeneral Counsel SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4;QQ ~.m. 1. MEETING The special meeting was called to order at 4:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 207 N. 12t11 Street, Nederland, Texas. See attached for gygryrn. 2. EXECUTIVE SESSION The regular meeting was recessed at 4:02 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter ~~l,Q7l, Cgn_~yl_ti:!tl_gn_ with. ~ltv A.ttQrn.~y, 3. RECONVENE The regular meeting was reconvened at 5:25 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is n_~c;_~$~i:!rY~ 4. ADJOURN J There being no further business a motion was made by Mayor Nugent and seconded J by Councilmember Albanese to adjourn the meeting at4:26 p.m. MOTION CARRIED. AY~~; M_qyQr NYQ~n_t, CQyn_c;ilrn.§mQ§~ AY$.t!n_, N~ql, A_l_QiJn_§$.§, qn_Q RQ9§f$.·. Noes: None. ATTEST: ~Ji~t#~ City of Nederland, Texas J CITY OF NEDERLAND COUNCIL MEETING A TIENDANCE SHEET l NAME TITLE PRESENT ABSENT R. A. Nuaent Mayor J Talmadae Austin Council Member-Ward I ./ Billv Neal Council Member -Ward II v Don Albanese Council Member-Ward Ill v Bert Roaers Council Member-Ward IV v' Chris Duaue Citv Manaaer v Gay Ferauson City Clerk v Jesse Branick Cltv Attornev v Chervl Dowden Director of Finance L Darrell Bush Police Chief Garv Collins Fire Chief Steve Hamilton Director of Public Works v Georae Wheeler Building Official Victoria Klehn Librarian Holly Guidrv Human Resources Director Joni Underwood Executive Secretarv Anaela Fanelle Parks Director l March 3 2014 Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. March 10, 2014 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12t11 Street, Nederland, Texas. See attached for quorum. 2. INVOCAUON AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 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 councllmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Rogers and seconded by Councilmember Austin to approve the Consent Agenda Items 3 a & c and moving Item b to the regular agenda. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. <!, Mi_11Yte~ -Feb.rY<!fY ~4. ~Q:\.4 regY\i!r meet!11g b. Consider action setting a Joint Public Hearing date regarding the rezoning request for 2803 and 2821 Avenue H, Harris Mobile Home Park, being Lot 1, Tracts 2, 6, 7, 8, Block 4 of Hillcrest 2nd Additional from C-2 (Neighborhood Retail Commercial zoning classification) to R-4 (Manufactured Home District zoning classification). c. Payments: • feb.rYi!!Y 2Q:\.4 rn.Qn.t.hl_y bi_l_l_S: • Carroll & Blackman, Inc. -$961.00, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. Councilmember Rogers requested this item be placed on the regular agenda to inquire about the existing non-conforming use of the mobile home park. George Wheeler, Building Official, reported when the Zoning Ordinance was approved in 2010; several mobile home parks located In commercial zones had compliance issues and became a legal, non-conforming use and structure. Non-conforming uses do not allow for additional mobile homes to be placed on the property. The J J property owners of a non-conforming mobile home parks may request to come into compliance by submitting to the City Council a Zoning Change to R-4 to allow for J Manufactured Homes. l L L Minutes Continued, March 10, 2014 A motion was made by Councilmember Rogers and seconded by Councllmember N~~! tQ {l.PPfQV~ §~tt!!l.9 ~ Jqin_t PtJ.l;?!!c; H.~~.rlng fQr M.{l_fc;h_ ~4l ~Q!4 {l_t 4:~Q p.rn_. tQ consider a rezoning request for 2803 and 2821 Avenue H, Harris Mobile Home Park, being Lot 1, Tracts 2, 6, 7, 8, Block 4 of Hillcrest zod Addition from C-2, Neighborhood Retail zoning classification to R-4, Manufactured Home District zoning classification. b. Dohn LaBlche, LaBlche Architectural Group, gave an update to the construction progress at the Horner E. Nagel Public Safety Complex. He presented councilmembers with a revised construction schedule. The expected completion date is July. He stated there have been problems with Entergy and AT&T that delayed the construction. The ceramic tile and windows have also been delayed but are expected within the next 3 weeks. He reported the contractor is doing a gqqQ jqb. H_e_ i_n_yi_te_ct c;:;Q\.!nc;:;Hme.rn.be.rn tq jqin_ h_i_m 9n_ ThMrs_ct?!Y fqr ?! t9Mr Qf the. facility. c. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve the Installation of a street light on Holmes Road. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. NQ@~; N9ne_, d. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2014-05, adopting the 2012 International Fire Prevention Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. No@~; N9ne., e. A motion was made by Councllmember Austin and seconded by Councilmember Rogers to approve Change Order No. 2 -2013 Concrete Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. No@~; N9ne.. f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve Change Order No. 1 -Hurricane Ike Round 2.2 Wastewater Treatment System Generators project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. g. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve payment to A & A Electric Company of Beaumont -Hurricane Ike Round 2.2 Wastewater Treatment System Generators project. MOTION CARRIED. AY@~~ M.?!YQr N\.!ge.n_t, C.9yn_c;:;il_rn_e.mbe.rn A_y~ti_n_. Ne.?!I_, Al.b?H1.§~.e.. ?!nQ R99e.r~ .• Noes: None. h. Bids: i. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to award bid for Water Inventory Items. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. No@~; None.. Minutes Continued, March 10, 2014 ii. A motion was made by Councilmember Austin and seconded by Councilmember R_Qg~~ tg c;i_1,1_thgr!~~ th~ p1,1_r<;hc.!~~ qf lltJnk~r g~c;i_r fqr t'1.~ !'!~c;!~r!~nd Fire Depi;!_rt;m~nt J via BuyBoard, HGAC, or other state-approved contract. MOTION-CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. iii. A motion was made by Councllmember Rogers and seconded by Mayor Pro Tern Albanese to postpone consideration of the purchase of furniture for the Nederland Municipal Court. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. iv. A motion was made by Councilmember Neal and seconded by Councilmember Austi_n to author!?:e. the pur~_h_ase_ 9f furn!turn fgr the Necie.rlanQ Po.U~e: Re.P.art:rn_en_t via BuyBoard, HGAC, or other state-approved contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. •~ ~Q14 G@~@r~t et~g~Qn; i. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve the Certificate of Unopposed Candidates for the general election scheduled for May 10, 2014. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Councilmember Rogers and seconded by Councilmember J Austin to approve Ordinance No. 2014-06, declaring unopposed candidates in the May 10, 2014 General City Election and cancelling said election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 5. COMMUNICATION City Manager's Report: a. Construction Project Update: • t-IQt M_!~ Qv~r!C]Y prQ.i~c;t; i.~ fi.ni.~h_!ng WQrk Qn. C~n-~! ~nc;! !~th Str~~t • Testing is being done on Boston Avenue between 10th and 3rc1 • Root barrier Is beginning on concrete street project • GLO -preliminary work is being done on sewer line project • GLO -generators are being delivered and Installation will begin this week • GLD -traffic signal mast arms are being installed 8. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councllmember Rogers to adjourn the meeting at 5:28 p.m. MOTION «:;ARR!!;;~. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. J Minutes Continued, March 10, 2014 l ATTEST: G~~~~~ City of Nederland, Texas L L CITY OF NEDERLAND COUNCIL MEETING A ITENDANCE SHEET J NAME TITLE PRESENT ABSENT R. A. Nugent Mayor v Talmadae Austin Council Member-Ward I / Billy Neal Council Member -Ward II ../ Don Albanese Council Member-Ward Ill ../ Bert Roaers Council Member -Ward IV v Chris Duaue Citv Manaaer v Gay Ferouson Cltv Clerk v , Jesse Branick Citv Attornev v Chervl Dowden Director of Finance , v Darrell Bush Police Chief I J Garv Collins Fire Chief v Steve Hamilton Director of Public Works ,/ Georae Wheeler Buildina Official ,; Victoria Klehn Librarian v Holly Guidrv Human Resources Director v Joni Underwood Executive Secretarv v Anaela Fanelle Parks Director v J March 10 2014 Date L L L ORDINANCE #2014-05 AMENDMENT TO THE INTERNATIONAL FIRE PREVENTION CODE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SETTING FORTH RULES AND REGULATIONS TO IMPROVE PUBLIC SAFETY BY PROMOTING THE CONTROL OF FIRE HAZARDS; REGULATING THE INSTALLATION, USE AND MAINTENANCE OF EQUIPMENT; REGULATING THE USE OF STRUCTURES, PREMISES, AND OPEN AREAS IN THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR THE ABATEMENT OF FIRE HAZARDS; ESTABLISHING THE RESPONSIBILITIES AND PROCEDURES FOR ENFORCEMENT; SETTING FORTH STANDARDS FOR COMPLIANCE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1 That the 2012 edition and appendices B, C, D, E, F, G, H, I & J of the International Fire Prevention Code promulgated by the International Code Councll save and except such portions as are hereinafter deleted, modified or amended, is hereby adopted and incorporated as fully as if fully herein and from the date on which this ordinance shall take effect and the provisions thereof, as modified or amended herein shall be controlling in fire prevention and protection within the corporate limits of the City of Nederland, Texas. SECTION 2 AMENDMENTS. ADDITIONS AND DELETIONS The following amendments, additions and deletions to and from the International Fire Prevention Code adopted herein and hereby made and adopted, such amendments, additions and deletions being set forth herein being identified by and prefaced by appropriate section number of the International Fire Prevention Code: Chapter 1 Insert Jn 101.1: 101.1-insert City of Nederland for [NAME OF JURISDICTION] Delete section 103.1 and replace with: 103.1 General. The department of fire prevention is establfshed within the jurisdiction under the direction of the fire code official. The fire code official of the City of Nederland or such assistant(s) as appointed by him/her shall perform the duties of the fire official in this code and the fire official shall enforce the provisions of this code and all state laws under his/her jurisdiction pertaining to the prevention, suppression, or extinguishment of fires. The fire official and his/her appointed assistant(s) shall have the power of a peace officer in performing their duties under this code. Add to section 108.1 after the last sentence: 108.1-Members of this board shall consist of the current members of the Construction Board of Appeals. Delete section 109.4 and replace with: 109.4 -Violation Penalties. Any person, firm, corporation, agent or employee who shall J violate a provision of this code, or fail to comply with any of the requirements thereof or who shall erect, Install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued and upon conviction of any such violation such person shall be punished by a fine of not less than Fifty Dollars {$50.00) or more than Two Thousand Dollars ($2000.00) Add to section 110.4 after the last sentence: 110,4 -If this is not done by the owner within the prescribed time, the owner, operator or occupant shall be subject to fines and penalties as set out herein. If a structure becomes a health hazard due to fire, deterioration, or other reasons, the owner shall have sixty (60) days after being notified by the fire official to bring the structure to a condition that complies with this ordinance and all other ordinances of the City of Nederland, or to demolish the structure and remove all trash and debris from the property site. In addition to fines and penalties, the Ci'ty Council shalt have the authority to have the structure removed with all debris and trash from the property and all costs thereof shall be taxed against the owner of the property and a lien(s) be placed against the property in accordance with the laws of the State of Texas. Insert in 111.4: 111.4-insert Fifty ($50.00) In first dollar amount and Two Thousand ($2000.00) in second dollar amount. Chapter 3 Add following 305.4: 305.5 -It shall be unlawful for any student through 12th grade, or any person under.the age of eighteen (18), to possess any matches, cigarette lighters, or any other open flame producing appliance while on a public or private school property, or any property being used for a school function or activity. EXCEPTION: It shall be an exception to this section that the student was directed and/or authorized by a school teacher or member of the administrative staff to operate an open flame producing appliance. ChaDter9 Add to section 903.3.7 after the last sentence: 903.3.7 -For all buildings protected by an automatic sprlnkler system or standpipe system with the fire department connection exposed to potential vandalism, the fire official may require that a fire department connection security cap(s) be installed. The caps shall be of a type approved by the fire official. Chapter 50 Add to section 5003.3.1.4 after the last sentence: 5003.3.1.4 If there is the eminent potential for a discharge, leak, release or spill, as determined in the reasonable judsment of the fire official of the City of Nederland or his/her deslgnee, the owner and/or carrier shall be responsible for all cost, to include standby cost, J J l l L incurred by any City of Nederland department due to the threat or the release of a hazardous substance. Chapter 57 Add to section 5704.2.9 after the last sentence: 5704.2.9 -The aboveground tank storage of flammable liquids In residential areas is prohibited. Tank storage of combustible liquids In residential areas shall require the approval of the fire official. Add to section 5704.2.11 after the last sentence: 57404.2.11 -The underground tank storage of flammable and combustlbte liquids In residential areas shall require the approval of the fire official. $ECTION3 5everabllltv Clause: If any violation of this Ordinance or the application thereof to any person or circumstances ls held invalid, the remainder of this Ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. Repealing Clause: All ordinances or parts of ordinances in conflict with this Code are hereby repealed. When Effective; This ordinance shall take effect from and after its passage and publication as required by law. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 10™ day of MARCH. A. D., 2014. ATIEST: ~Mq@1mn, G[yfefgUJ\ICity Clerk City of Nederland APPROVED AS TO FORM AND LEGALITY: CITY OF NEDERLAND ORDINANCE NO. 2014-06 AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN THE MAY 10, 2014 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 10, 2014, for the purpose of electing a mayor and 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 10, 2014, general city election, are declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Mayor CounciJ Ward II Council Ward IV R.A. Nugent Billy Neal Craig Belaire Section 2. The May 10, 2014, 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 10th day of March, 2014. ATTEST: tJn,p~1~ lfai FerQon:cttYfk City of Nederland, Texas J J J L L L TO ORM .AND LEGALITY: ~ IC ' City Attorney Ci o ederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEOERLAND 4:30 p.m. March 24, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of alleglance were lead by Councilmember Rogers. 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 Councilmember Rogers and seconded by Mayor Pro Tern J Albanese to approve the Consent Agenda Items 3 a-e as presented. MOTION J CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes -March 3, 2014 speclal meeting and March 10, 2014 regular meeting b. February 2014 Departmental Reports c. Tax Assessor Collection Report -February 2014 d. Requests: • Consider action approving a request from Adaptive Sports for Kids to utilize the facilities for various sports-related leagues and to waive associated fees. • Consider action approving a request from the Nederland Independent School District to utilize the Nederland Recreation Center for the Summer Recreation Program. • Consider action approving a request from Brian English to utilize the Nederland Recreation Center gymnasium for a high school basketball league. • Consider action approving a request from the Folktorico Dancers of Mid- county to utilize the Nederland Recreation Center classroom for dance practices and to waive associated fees. e. Payments: • Schaumburg & Polk, Inc. -$6,698.15, 2013 Asphalt Street Rehabilitatlon project • Schaumburg & Polk, Inc. -$267 .26, 2013 Concrete Street Rehabilitation project J • Schaumburg & Polk, Inc. -$1,366.00, 2014 Asphalt Street Rehabilitation project L L L Minutes Continued, March 24_, 2014 • LaBiche Architectural Group, Inc. -$734.00, Homer E. Nagel Public Safety Complex Roof project • LaBiche Architectural Group, Inc. -$1,125.25, Nederland City Hall project • Bruce's General Construciton -$228,120.24, Homer E. Nagel Safety Complex project • Carroll & Blackman, Inc. -$516.33, Phase II MS4 Permit Implementatlon Services 4. REGULAR AGENDA a. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve a Proclamatlon in regards to Fair Housing Month. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. b. The regular meeting was recessed and a Public Hearing was called to order at 4:35 p.m. by Mayor Nugent for the purpose of discussing and receiving comments regarding the rezoning request for 2803 and 2821 Avenue H, Harris Mobile Home Park, being Lot 1, Tracts 2, 6, 7, 8, Block 4 of Hillcrest znd Addition from C-2 (Neighborhood Retail Commercial) zoning classification to R-4 (Manufactured Home District) zoning classification. Chris Duque, City Manager, explained this rezoning would bring the existing non- conforming mobile home park into compliance with the City's Zoning Ordinance; the non-conforming use prohibits any new manufactured home or travel trailer being moved Into the park. The property has been sold to HSB Properties. Mr. Wheeler has met with the new property owners and gave them written requirements to bring this mobile home park into compliance. Mr. Duque, reminded everyone this is a Joint Public Hearing and the Planning & Zoning Commission is scheduled to review this Item on April 1, 2014 and will return a recommendation to Council at the April 14th meeting. Mr. Wheeler stated the new property owners have meet all the necessary requirements before making the rezoning request. He introduced Bill Hubbard, 16718 Sun Valley Lane, Rosharon, Texas; Kenny Breda, 669 Ravensworth, Conroe, Texas; and Philip Stark, 3302 Pine Chase, Conroe, Texas. Mr. Hubbard gave a brief PowerPoint presentation of the Mobile Home Park of before and after pictures. Billy Darby, 2820 Avenue H, spoke in favor of the rezoning request. Jack Porter, 712 N. 31st Street, spoke neither for or against but as a committee member for the amendment of the Zoning Ordinance which was approved in 2010. He wanted to remind council of the intentions and thought process for zoning mobile home parks the way there were zoned. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:07 p.m. by Mayor Nugent. Minutes Continued, March 24, 2014 c. FHAST Plans: i. A motion was made by Council member Austin and seconded by Councilmember J Rogers to approve an "Anti-NIMBYlsm" plan in accordance with U. S. Department of Housing and Urban Development guidelines. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve a Section 3 Plan in accordance with U. S. Department of Housing and Urban Development guidelines. MOTION CARRIED. Ayes: Mayor Nugent, Council members Austin, Neal, Albanese, and Rogers. Noes: None. iii. A motion was made by Councilmember Austin and seconded by Councilmember Rogers to approve a Fair Housing Complaint process In accordance with U. S. Department of Housing and Urban Development guidelines. MOTION CARRIEDL Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. d. Animal Control: i. Chris Duque, City Manager, stated Section 826.017 of the Texas Heath and Safety Code requires the City Council to designate the City's Animal Control Officer as the Local Rabies Control Authority. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to designate the City's Animal Control Officer as the Local Rabies Control Authority in accordance with Section 826.017 of the Texas Health and Safety Code. MOTION CARRIED. Ayes: Mayor Nugent, Council members Austin, Neal, Albanese, and Rogers. Noes: None. ii. Chris Duque, City Manager, reported Section 823.005 of the Texas Health and Safety Code requires the City to appoint an Animal Shelter Advisory Committee. Staff recommends appoint Dr. David Willie of the Animal Hospital of Mid-County, Clint Oliver, the Animal Control Supervisor, Dwayne Borel, Animal Control Officer, and Kate Fones, a member of the Humane Society of Southeast Texas Board of Directors. Through a 30-year oversight, the City has never established this committee. Mr. Duque thanked Steve Hamilton, Clint Oliver, and Dwayne Borel for a good job they are doing. A motion was made by Councilmember Rogers and seconded by Councilmember Austin to appoint an Animal Advisory Committee in accordance with Section 823.005 of the Texas Health and Safety Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. Bids/Purchases: I. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve the purchase of furniture for the Emergency Operations Center via HGAC, BuyBourd, or other state-approved contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. J J L l L Minutes Contlnued1 March 24_, 2014 II. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to authorize the solicitation of bids for Employee Group Benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ill. A motion was made by Councllmember Rogers and seconded by Councilmember Neal to reject all bids regarding the Homer E. Nagel Public Safety Complex Roof bid. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. f, A motion was made by Councilrnember Rogers and seconded by Councilmember Austin to approve Change Order No. 2 ( +$13,625.85) for Mayor Nagel decorative wall and built-in countertops for the police receptionist and Change Order No. 3 (+$1,500.00) to relocate an AT&T utility pole -Homer E. Nagel Public Safety Complex project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. g. A motion was made by Councilmember Austin and seconded by Councilmember Rogers to approve Change Order #4 ( +$234,480.38) for new roof -Homer E. Nagel Public Safety Complex project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. h. Emergency Management: i. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a contract extension with DRC and Phillips & Jordan for debris removal services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. II. A motion was made by Mayor Pro Tern Albanese and seconded by Council member Austin to approve a contract extension with Garner Environmental Services, Inc. for emergency response services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. i. James Edwards, J.R. Edwards & Associates, LLP presented the Comprehensive Annual Financial Report ending September 30, 2013 to City Council. He thanked Cheryl Dowden and her staff for assisting during the audit process. He reported there were no deficiencies and brought to Council's attention the Certificate of Achievement for Excellence in Financial Report which is given to those with the highest possible standards in government accounting. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to accept the Fiscal Year 2012-2013 audit as prepared by J. R. Edwards & Associates, LLP. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. Minutes Continued1 March 241 2014 5. COMMUNICATION City Manager's Report: J a. Art-in-the-Park -Saturday, April 12, 2014 8. ADJOURN b. Time Capsule Protocol -Mr. Duque announced a time capsule would be available for citizens and employees to fill until the ribbon cutting of the Homer E. Nagel Public Safety Complex when it will be seated and buried. A stone will be placed over the time capsule with Instructions for it to be opened during the CitY's 150 anniversary in the year 2048. There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Rogers to adjourn the meeting at 5:56 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ATTEST: J J CITY OF NEDERLAND l NAME COUNCIL MEETING ATTENDANCE SHEET TITLE PRESENT ABSENT R.A. Nuaent Mavor v, Talmadge Austin Council Member -Ward I v Billv Neal Council Member-Ward II v Don Albanese Council Member-Ward Ill v Bert Roners Council Member-Ward IV v Chris Duque Cilv Manaaer v Gav Ferauson Cilv Clerk v Jesse Branick City Attorney v Chervl Dowden Director of Finance v l Darrell Bush Police Chief v ~orfovi Fire Chief v Steve Hamilton Director of Public Works v Georae Wheeler Building Official v Victoria Klehn Librarian \/ Hollv Guidrv Human Resources Director v Joni Underwood Executive Secretary v Anaela Fanelle Parks Director v l March 24 2014 Date SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. April 14, 2014 1. MEETING The special meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 207 N. 12tti Street, Nederland, Texas. See attached for quorum. 2. 5-YEAR CAPITAL IMPROVEMENT PLAN Chris Duque, City Manager, reviewed the draft Five-Year Capital Improvement Plan. He reported staff has worked on this for over a year and the plan is an aggressive roadmap to guide the next five years. The total proposed amount is $39,527,000.00 and is divided into 8 categories: CATEGORY COST %0FTOTAL Facili'"'• Imnrovements •560 000.00 1.42°/o Public Safetv ct3-270-000.00 8.27% Water Treatment and Storane $759.000.00 1.92% Water Distribution Svstem tl-074-000.00 2.72% Wastewater Treatment $788.000.00 1.99°/o Wastewater Collection Svstem •2 151 000.00 5.44o/o Street Imorovements $29.800.000.00 75.39% nualitv of Life $1.125.000.00 2.85% TOTAL ~39-527-000.00 Mr. Duque explained the overwhelming majority of the expenses are Street Improvements, and this mainly reflects the planned reconstruction of Nederland Avenue (Twin City Highway to frontage road) which would entail drainage, utility relocation, aesthetics improvements, in addition to the street repair. Mr. Duque reviewed a plan of high-profile projects which would be undertaken in the first 2 years of_the plan: YEAR BUDGET DESCRIPTION 2014 $25.000.00 Desian of Public Works Remodel/Exoansion 2015 •320 000.00 Public Works Buildinn Remodet/Exnansion 2015 ~15.000.00 Desian of Sorav Park 2015 •200 000.00 Snrav Park construction 2015 $1,100,000.00 Transfer from Street Improvement Fund to Hot Mix Asnhalt Overla··'Concrete Street 2015 ~200.000.00 Bob Henson Buildina Reoairs 2015 •100 000.00 Electronlc Sirin @ Doorbos Park 2015 1'100.000.00 Veterans Park 2015 •100 000.00 Wrouriht Iron Fence = Pool -.:2.2&0.000.00 TOTAL J J J L l L Minutes Continued, April 14, 2014 Mr. Duque reported the projects would be funded through a number of funding sources. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 4:11 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Council members Austin, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Albanese. ATTEST: G~'Rde~MWy City of Nederland, Texas CITY OF NEDERLAND COUNCIL WORKSHOP A TIENDANCE SHEET J NAME TITLE PRESENT ABSENT R. A. Nuaent Mayor / Talmadae Austin Council Member -Ward I v Billy Neal Council Member -Ward II v Don Albanese Council Member -Ward Ill v' Bert Rogers Council Member -Ward IV v Chris Duaue Citv Manaaer v Gay Ferguson Citv Clerk v Jesse Branick Citv Attorney Cheri I Dowden Director of Finance Darrell Bush Police Chief J Garv Collins Fire Chief Steve Hamilton Director of Public Works v Georae Wheeler Buildina Official Victoria Klehn Librarian v Holly Guidry Human Resources Director Joni Underwood Executive Secreto~ Anaela Fanelle Parks Director J April 14. 2014 Date l l L REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEOERLAND 4:30 p.m. April 14, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. The invocation and pledge of allegiance were lead by Councilmember Rogers. 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 council member so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a-e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes -March 24, 2014 regular meeting b. Tax Assessor Collection Report -February 2014 c. Consider action approving a request from Brian English to utilize the Nederland Recreation Center gymnasium for a high school basketball league and to waive fees. d. Consider action setting a Public Hearing date for the purpose of receiving comments regarding the Juvenile Curfew Ordinance. e. Payments: • March 2014 monthly bills • A & A Electrical Company of Beaumont, Inc. -$350,127.01, Hurricane Ike Round 2.2 Wastewater Treatment System generators project • LO Construction -$44,663.30, 2013 Asphalt Street Rehabilitation project • Carroll & Blackman, Inc. -$1,113.33, Phase II MS4 Permit Implementation Services • Traf-Tex, Inc. -$134,244.00, Hurricane Ike Round 2.2 Traffic project • d.p. Consulting Engineers, Inc. -$5,000.00, J. M. Staffen Addition Waterline Improvements project Minutes Continued, April 14, 2014 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve a Proclamation in regards to Deshawn Washington Day. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. b. A motion was made by Councilmember Austin and seconded by Councllmember Neal to approve a Proclamation in regards to Sexual Assault Awareness and Prevention Month. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve a Proclamation in regards to National Crime Victims' Rights Week. MOTION CARRIED. Ayes: Mayor Nugent, Council members Austin, Neal, Albanese, and Rogers. Noes: None. d. Chris Duque, City Manager, reported a Joint Public Hearing was held on March 24, 2014 in regards to a rezoning request of 2803 and 2821 Avenue H. On April 1, 2014 the Planning and Zoning Commission met to consider the request. Tommy J Spires and Carl Armen spoke against the rezoning. Planning and Zoning unanimously voted to recommend approval of the rezoning request with the J following conditions: • Existing park's streets and spaces shall be resurfaced. • Expansion area be constructed per regulation requirements. • Dedicate a total common area of 2400 sq. ft. to be located by the property lines of the expansion area and the abutting adjacent property. • Dilapidated abandoned trailers shall be removed from the property. • New manufactured homes moved in shall be labeled as approved to be placed and anchored to meet the Wind Storm 2 requirements. • Street lights serving the park and the expansion area will be maintained in proper working order. • All homeowners are required to maintain their home to avoid becoming dilapidated or unsightly. • All existing spaces shall have properly built and maintained stairways and porches. • All trailers shall be maintained with approved skirting around the bottom of the trailer and be listed in the park by-laws. • To submit a copy of the park by-laws and restrictions to City for record and to bind any and all future purchasers of the park to the same by-Jaws and restrictions. A matron was made by Councllmember Rogers and seconded by Councilmember Austin to approve the rezoning request of 2803 and 2821 Avenue H, Harris Mobile Home Park, being Lot 1, Tracts 2, 6, 7, 8, Block 4 of Hillcrest 2nd Addition from C- 2 (Neighborhood Retail Commercial) rezoning classification to R-4 (Manufactured J Home District} zoning classification. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. [ [ l Minutes Continued, April 14, 2014 e. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve the Preliminary Plat of Cochran Place. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. f, A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to authorize the solicitation of bids for the 2014 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. g. A motion was made by Councilmember Austin and seconded by Counctlmember Neal to amend Ordinance No. 164, setting the calendar for regular City Council meetings May 2014 -April 2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. h. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve Ordinance No. 2014-07, suspending the rates proposed by CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas' GRIP filing made on March 31, 2014. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. i. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve Ordinance 2014-08, amending the FY 2013-2014 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. j. A motion was made by Councllmember Austin and seconded by Councilmember Rogers to approve selling a pipeline easement for $1,200.00 per rod with Shell Pipeline Company, LP., pending legal review and approval. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Austin, Neal, Albanese, and Rogers. Noes: None. 5. EXECUTIVE SESSION 6. The regular meeting was recessed at 5:09 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. RECONVENE The regular meeting was reconvened at 5:41 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action Is necessary. Minutes Continued, April 14, 2014 7. COMMUNICATION City Manager's Report: a. Steven Hamilton gave a brief construction project update: • The Homer E. Nagel Public Safety Complex is making good progress. The 9-1-1 system was moved to the new location in the building and brick work Is continuing. • Asphalt Street Overlay project will bid first part of May. • Concrete Street Program has finished root barrier. • Traffic Signals are completed and generators have been set. The project is approximately 8So/o complete. b. National Day of Prayer -May 1st at 7:30 a.m. at City Hall. 8. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Rogers to adjourn the meeting at 5:46 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ATTEST: GaYFef9US: city c1er City of Nederland, Texas J J J l NAME R. A. Nuaent Talmadae Austin Billy Neal Oon Albanese Bert Roaers Chris Duque Gav Ferauson Jesse Branick l Chervl Dowden Darrell Bush 1T"":'.£Y ... f401~ Steve Hamilton Georae Wheeler Victoria Klehn Hollv Guid"' Joni Underwood Angela Fanelle April14.2014 Date CITY OF NEDERLAND COUNCIL MEETING A TIENDANCE SHEET TITLE PRESENT Mavor ../ Council Member-Ward I ,/ Council Member -Ward II ./ Council Member-Ward Ill ../ Council Member-Ward IV v City Manager i/ Cltv Clerk v Citv Attorney v' Director of Finance Police Chief v Fire Chief v Director of Public Works / Bulldlna Official v Librarian v Human Resources Director / Executive Secretarv v Parks Director I ABSENT v TERRY WUENSCHEL TAX ASSESSOR~COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPU'l'Y I, Terry Wuensche!, 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 $172,916.96, represents all taxes collected for CITY OF NEDERLAND during the month ofMarcl12014. JEFFERSON COUNTY COURTHOUSE •P.O. BOX 2112 ·BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 J J J l L l AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETIING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 12, 2014 THROUGH AFRIL 20, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 4:30 p.m. on each of the following dates: May 12 and 19, 2014 June 9 and 23, 2014 July 14 and 28, 2014 August 11 and 25, 2014 September 8 and 22, 2014 October 13 and 27, 2014 November 10 and 17, 2014 December 8 and 15, 2014 January 12 and 26, 2015 February 9 and 23, 2015 March 9 and 23, 2015 April 6 and 20, 2015 ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this 14th day of April, 2014. a r1_ ~nc....<.1~J/,~11~'-"""'"'C£.""'· u_,__c _ R. A. Nugenl,~ City of NederlanCI, Texas ATIEST: EIYe .,,.. City of: derland, Texas APPROVED AS TO FORM AND LEGALITY: ORDINANCE NO. 2014-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT'S GRIP FILING MADE WITH THE CITY ON MARCH 31, 2014; 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 March 31, 2014, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed an Annual GRIP adjustment for the Beaumont/East Texas Division with the City of Nederland ("City") to increase gas rates in the Beaumont/East Texas Division Service Area pursuant to Gas Utility Regulatory Act, TEX. lJnL CODE ("Gas Utility Regulatory Act") § 104.301; and WHEREAS, CenterPoint proposed an effective date of May 30, 2014, for the rate increase; and WHEREAS, the City has exclusive original jurisdiction over the rates, ·apera~ions and services of a gas utility in areas in the munlclpality pursuant to Gas Utility Regul?tory Act §103.001; and WHEREAS, the Gas UtilJty Regulatory Act§ 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and WHEREAS, the City's review of CenterPoint'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 CenterPoint's proposed rate increase for 45 days until July 14, 2014 in order to review the Company's filing for compliance with Gas Utility Regulatory Act § 104.301 and CenterPoint's agreement with the Oty in Centerpoint's last base rate case; and WHEREAS, the reasonableness of the Company's investment will be reviewed in CenterPoint's subsequent base rate case where all costs included in CenterPolnt'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. That the statement and findings set out in the preamble to this ordinance are hereby in al1 things approved and adopted. Section 2. The effective date of CenterPoint's proposed GRIP rate increase, and the proposed tariffs related thereto, are hereby suspended until July 14, 2014. Section 3. To the extent the City finds that the rates proposed by CenterPoint comply with Gas Utility Regulatory Act§ 104.301 and CenterPolnt's agreement with the J J of law on July 14, 2014. · City in Centerpoint's last base rate case, then the rates will become effective by operation J l l L Section 4. 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 5. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED this 14TH day of APRIL, 2014. AmST: G&<in•~~ Oty of Nederland, APPROVED AS TO FORM AND LEGALITY: THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd., Suite R-275 •Austin, Texas 78738 • 512/322-0019 •Fax: 855/298-7978 Mr. Richard Ferguson City Attorney-City of Anahuac 13201 Northwest Freeway, Suite 300 Houston, Texas 77040 Mr. Tyrone Cooper City Attorney-City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Mr. Paul Fukuda City Attorney-City of Bridge City 260 Rachal Post Office Box 846 Bridge City, Texas 77611 Mr. David Olsoo City Attorney -City of Cleveland Wortham Tower, Suite 600 2727 Allen Parkway Houston, Texas 77019 Mr. Felix Skarpa Mayor-City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. Leonard Schneider City Attorney -City of Huntsville 2 Riverway, Suite 700 Houston, Texas 77056-1918 Mr. Gary Broz City Maoager -City of Lll>erty 1829 Sam Houston Liberty, Texas 77575 April 3,2014 Mr. Lance Nauman City Admini-tor-City of Anahuac 501 Miller St. Anahuac, Texas 77514 Mr. Kyle Hayes City Manager-City ofBeaumoot P .0. Box 3827 Beaumont, Texas 77704 Mr. Jerry D. Jones City Manager-City of Bridge City 260Rachal Post Office Box 846 Bridge City, Texas 77611 Mr. Dion Miller City Manager -City of Clevelaod 907 E. Houston Cleveland, Texas 77327 Mr. David Douglas City Manager -City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. Matt Beooit City Manager-City of Huntsville 1212Ave.M Huotsvi!le, Texas 77340 Mr. Randall Gunter City Attorney -City of Liberty 310 Main St. Liberty, Texas 77575 J J J l l L Mr. Jesse Branick City Attorney-City ofNederland 221 Hwy. 69 South, Suite 100 (office) Nederland, Texas 77627 Mr. Shawn Oubre City Manager-City of Orange 803 W. Green Avenue, Room 201 Orange, Texas 77630 Mr. Tommy Gunn City Attorney -City of Pinehurst 202 S. Border Orange, Texas 77630 Mr. Rodney Price City Attorney -City of Rose City 215 W. Freeway Vidor, Texas 77662 Mr. Harry Wright City Attorney -City of Silsbee PO Box 186 Port Neches, Texas 77651 Mr. Richard Ferguson City Attorney -City of Sour Lake 13201 Northwest Freeway, Suite 300 Houston, Texas 77040 Mr. Christopher Duque City Manager -City of Nederland P.O. Box967 Nederland, Texas 77627 Mr. John Smith City Attorney -City of Orange P.O. Box520 Orange, Texas 77631-0520 Mr. Joe Parkhurst City Manager -City of Pinehurst 2497 Martin Luther King Jr. Drive Orange, Texas 77630 Mr. Rodney Price City Attorney-City of Pine Forest 215 W. Freeway Vidor, Texas 77662 Mr. Tommy Bartosh City Manager -City of Silsbee I 05 South 3"' S1reet Silsbee, Texas 77656 Mr. Larry Saurage City Manager-City of Sour Lake 655 W. Barkley St. Sour Lake, Texas 77659 Re: CenterPoint Energy Resources COip. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas Annual GRIP Adjustment for the Beaumont/East Texas Division Dear Steering Committee of Cities: On March 31, 2014, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint'' or "Company") filed an anoual GRIP adjustment with each of your Cities. CenterPoint is authorized to make these annual GRIP filings pursuant to Texas Law passed in 2003, Gas Utility Regulatory Act, TEX. UTIL. CooE § 104.30 I ("GRIP Statute''). The GRIP Statute allows gas utilities to recover changes in the utility's investment from year to year. The changes in investment requested for recovery are not subject to a reasonableness review in a GRIP filing. Instead, all amounts collected under the tariff or rate schedule are subject to refund in CenterPoint's next base rate case when the reasonableness of the investment will be reviewed. The proposed GRIP filing will increase rates for Resideotial customers by $1.21 per J month, for General Service Small customers by $1.91 per month, and for General Service Large customers by $10.56 per month. The statute provides that 1he rates will become effective 60 days from 1he date of filing, or May 30, 2014, unless snspended by Cities. We recommend that 1he Cities suspend the effective date ofCenterpoint's proposed rates for an additional 45 days, or until July 14, 2014. Attached is a proposed ordinance suspending the effective date of rates. The review process for a GRIP filing is a ministerial review limited to ensnring that 1he filing complies with 1he GRIP statute. Atmos Energy Corp. v. Cities of Allen, 353 S.W.3d 156 (fex. 2011). If requested, we could review Centerpoint's filing for compliance with the statute and Centerpoint's agreements with the Cities in the Company's 2012 rate case proceeding. If Centerpoint's filing complies with the GRIP statute and 1he Company's agreements with Cities, then 1he City may approve 1he rate increase or take no action at all and the rates will go into effect by operation of law. Ifwe find that the GRIP filing does not comport with the statute or the Company's agreement with Cities, we will contact the Cities and discuss the Cities' options. If you have any questions or concerns, please do not hesitate to call. J J l l L ORDINANCE NO. 2014-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2013- 2014 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2013-16, which adopted the Fiscal Year 2013-2014 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 2013-2014 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2014 shall be construed with and classified W!th Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2013 and ending September 30, 2014, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City CouncH; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2013-l0l4 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 14th DAY OF APRIL, 2014. ATTEST: APPROVED AS TO FORM AND LEGALITY: 1 FISCAL YEAR: DATE: DEPARTMENT: FUND: ACCOUNT NO. 01-0000-4720 01-9000-6907 31-0000-4901 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2013-2014 April4,2014 Various General (01) I Capital Outlay (31) AMOUNT CURRENT INCREASE ACCOUNT TITLE BUDGET (DECREASE) Sale of Land -399,236.00 Transfer to Caoital Outlay -399,236.00 Transfer from General Fund -399,236.00 TOTAL JUSTIFICATION PROPOSED BUDGET 399,236.00 399,236.00 399,236.00 Revnue is received from the sale of pipeline easements to Seaway Crude and Sunoco Pipeline. Funds are being recognized and transferred to the Capital Outlay Fund for future projects. Dept. Head Signature"':'--------------------Date: ------- Finance Director: Date: ______ _ Date Approved: Date Posted: ------- Page of ___ _ J J J [ l L SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. April 28, 2014 1. MEETING The special meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 207 N. 12tt1 Street, Nederland, Texas. See attached for quorum. 2. AIRPORT DEVELOPMENT a. Receive an update on the airport commercial development. Chris Duque, City Manager, stated Kay DeCuir would be providing an update on the airport development and that no action would be necessary. Kay Decuir, Executive Director of the Nederland Economic Development Corporation, reported the preliminary work, such as environmental studies, surveying, etc., has been completed at the airport property and contracts are in the process of negotiation for tenants of the development. She said the next step would be for the City, County and EDC to begin talking about possible incentives to draw tenants to this site. She reported it has been a long time since something this large has come into the city and encouraged everyone to think about what could be offered. She indicated the City, County and EDC ne~d to share one vision and work as a team. She advised there are 4 members of the development company coming on Wednesday to attend a breakfast at 7:30 a.m. at the EDC office. b. Discuss economic incentives for airport commercial development. Chris Duque, City Manager, reported it would be necessary to discuss potential economic Incentives for this commercial development. He said incentives could vary from: waived fees; the City and NEDC paying for installation of utilities and street; sales tax abatement; property tax abatement; etc. Mr. Duque recommended going into executive session to discuss further. 3. EXECUTIVE SESSION 4. The regular meeting was recessed at 3:10 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.087, Deliberation Regarding Economic Development Negotiations. RECONVENE The regular meeting was reconvened at 3:41 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. 5. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 3:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Rogers. J Noes: None. Absent: Mayor Pro Tern Albanese. ATIEST: J J CITY OF NEDERLAND SPECIAL MEETING A TIENDANCE SHEET L NAME TITLE PRESENT ABSENT R. A. Nuaent Mavar J Talmadae Austin Council Member-Ward I v Blllv Neal Council Member-Ward II v' Don Albanese Council Member-Ward Ill v Bert Roaers Council Member-Ward IV v Chris Duaue Citv Manaaer v Gav Ferauson Citv Clerk v Jesse Branlck Citv Attomev Cheml Dowden Director of Finance l Darrell Bush Police Chief Garv Collins Fire Chief Steve Hamilton Director of Public Works Georne Wheeler Bulldina Official Victoria Klehn Librarian Hollv Guidrv Human Resources Director Joni Underwood Executive Secreta"' Anaela Fanelle Parks Director L Apnl 28. 2014 Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. April 28, 2014 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12tti Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 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 council member so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a-d as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes -April 14, 2014 regular meeting and April 14, 2014 workshop b. March 2014 Departmental Reports c. Requests: • Consider action approving request from the Nederland Independent School District for use of the Nederland Swimming Pool for 8th grade end of year parties. • Consider action regarding requests from Keith Barrow for a summer soccer league and a summer soccer camp. d. Payments: • laBlche Architectural Group, Inc. -$4,067 .89, Homer E. Nagel Public Safety Complex project • LaBiche Architectural Group, Inc. -$2,417.53, Homer E. Nagel Pubic Safety Complex Roof project • Bruce's General Construction -$535,715.96, Homer E. Nagel Public Safety Complex project • LD Construction -$320,437 .85, 2013 Asphalt Street Rehabilitation project • Allco -$135,823.28, Hurricane Ike Round 2.2 -Sewer Collection Line Rehabilitation project • Schaumburg & Polk, Inc. -$14,710.40, 2014 Asphalt Street Rehabilitation project • Schaumburg & Polk, Inc. -$363.00, 2013 Asphalt Street Rehabilitation project J J J l l L Minutes Continued, April 28, 2014 4. REGULAR AGENDA g. A motion was made by Mayor Pro Tern Albanese and seconded by Councllmember Rogers to appoint Emmett Hollier to the Zoning Board of Appeals / Board of Appeals. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Chris Duque, City Manager, reported the construction schedule has been revised for completion in early August for the Homer E. Nagel Public Safety Complex. He advised this new proposed date is within the contract period and within the grant period of performance. There were several reasons the schedule was pushed back: bad weather in the months of January and February delayed the project by 26 days, AT&T and Entergy took more time than estimated for relocation of utilities, and contaminated soil had to be remediated after fire station was demolished. Mr. Duque stated construction work is progressing at an acceptable pace in order to meet completion date. Mr. Duque presented a sketch of an electronic sign proposed for the corner of 15th Street and Boston Avenue. This sign is Included In the Five-Year Capital Improvements Plan (OP). The estimated cost for construction is $150,000 - $175,000. There were positive comments from members of the council regarding the sign project. b. The regular meeting was recessed and a Public Hearing was called to order at 4:58 p.m. by Mayor Nugent for the purpose of discussing and receiving comments regarding the Juvenile Curfew Ordinance. Chris Duque, City Manager, said per state law, the juvenile curfew ordinance must be renewed every three year. He reminded everyone the City's curfew ordinance has been In existence since 1987 with the most recent update occurring in 2004 when the daytime provisions were added as a violation. He added this public hearing would allow interested parties an opportunity to voice their concerns, questions, or comments. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:02 p.m. by Mayor Nugent. c. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve Ordinance No. 2014-09 -Juvenile Curfew. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2014-08, amending the FY 2013-2014 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. A motion was made by councilmember Rogers and seconded by Councilmember Austin to declare the phone system surplus located at 1400 Boston Avenue and the Service Center located at 515 Hardy. MOTION CARRIED. Minutes Continued, April 28, 2014 Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. f. A motion was made by Councilmember Rogers and seconded by Councilmember Austin to postpone consideration of final payment and release of retainage to Bruce's General Construction for the 2013 Concrete Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Austin, Neal, Albanese, and Rogers. Noes: None. h. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve the Five-Year Capital Improvement Program 2013 -2018. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 5. EXECUTIVE SESSION 6. The regular meeting was recessed at 5:09 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; and Chapter 551.087, Deliberation Regarding Economic Development Negotiations. RECONVENE The regular meeting was reconvened at 6:05 p.m. by Mayor Nugent. He announced the Executive Session was held for Informational purposes only and no action Is necessary. 7. COMMUNICATION City Manager's Report: a. National Day of Prayer -May 1st at 7:30 a.m. at City Hall. 8. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Rogers to adjourn the meeting at 6:09 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. J J J Minutes Continued, April 28, 2014 [ AlTEST: pw~(4lb10= G FerQUio ty Clerk City of Nederan:Texas l L CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT J R. A. Nuaent Mavor ./ Talmadae Austin Council Member -Ward I ./ Blllv Neal Council Member-Ward II ./ Don Albanese Council Member-Ward Ill v Bert Roaers Council Member-Ward IV v Chris Duaue Citv Manager v Gav Femuson Citv Clerk Jesse Branick Citv Attorney v Cherul Dowden Director of Finance v Darrell Bush Police Chief v J Garv Collins Fire Chief v \/ Steve Hamilton Director of Public Works Georne Wheeler Building Official v Victoria Klehn Librarian v Hollv Guidru Human Resources Director v Joni Underwood Executive Secretarv v Anaela Fanette Parks Director v J April 28, 2014 Date l l [ ORDINANCE NO. 2014-09 AN ORDINANCE AMENDING CHAPTER 74, DIVISION 2, OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, BY REPEALING SEC. 74-36 AND SEC. 74-37, BY ADDING NEW SECTIONS 74-36 THROUGH 7441 TO PROVIDE CURFEW HOURS FOR MINORS AND TO REQUIRE COMPULSORY SCHOOL AGE MINORS TO BE IN SCHOOL (WITH EXCEPTIONS) AND TO IMPOSE PARENTAL DUTIES; PROVIDING FOR OFFENSES AND DEFENSES; PROVIDING FOR REPEAL OF ALL ORDINANCES AND POLICIES IN CONFLICT OR PARTS OF ORDINANCES AND POLICIES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENAL TY NOT TO EXCEED $500.00.; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, The City Council held a public hearing on April 28, 2014 to receive public input as to 1) the effect of this Ordinance on the City and any problems the Ordinance is intended to remedy; 2) the need, if any, to repeal the existing Ordinance No. 2008-03, as amended on April 14, 2008, establishing curfew hours for minors; 3) the need, if any, to enact this Ordinance establishing curfew hours for minors in order to satisfy constitutional requirements. WHEREAS, the City Council finds that it has a compelling interest in protecting juvenaes, reducing crime, and involving parents in the control of their minor children. WHEREAS, the City Council finds that curfew hours for minors would materially assist in achieving the purposes of this Ordinance, to wit: (A) To promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the City; (B) To promote the safety and well~being of the City's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them partlcularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; (C) To promote the compulsory attendance in school by school age minors; and (D) To foster and strengthen parental responsibilities for minors. WHEREAS, based upon testimony provided at the public hearing, including statistical evidence supporting the position that previous juvenile curfew ordinances have reduced crime and that this Ordinance will do likewise, the City Council deems it in the public interest of the City to repeal the juvenile curfew Ordinance as delineated in Sec. 74-36 and Sec. 74-37 of the Code of Ordinances of the City of Nederland and to adopt curfew hours for minors and provisions related thereto, as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances of the City of Nederland is amended by repealing the existing Sec. 74-36 (Hours Established) and Sec. 74-37 (Parental Responsibility). Section 2. That Article JI (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances of the City of Nederland is amended by adding new Sec. 74-36, Sec. 74-37, Sec. 74-38, Sec. 74-39, Sec. 74-40, Sec. 74-41, and Sec. 74-42 to read as follows: SEC. 74-36. -DEFINITIONS. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly establishes a different meaning. City means the city limits of the City of Nederland, Texas. Curfew hours for minors means: Sunday 11 :OO p.m. to 5:00 a.m. Monday 11 :00 p.m. to 5:00 a.m. Tuesday 11:00p.m. to 5:00 a.m. Wednesday 11 :OOp.m. to 5:00 a.m. Thursday 11 :00 p.m. to 5:00 a.m. Friday 12:00 a.m. to 5:00 a.m.; or Saturday 12:00 a.m, to 5:00 a.m. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Minor means any person under seventeen (17) years of age. Parent means a person who is: (a) A natural parent, adoptive parent, or step-parent of another person; or (b) At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a m1nor. Guardian means a person who: (a) Under court order, is the guardian of the person of a minor; or 2 J J J l l L (b) ls a public or private agency with whom a minor has been placed by a court. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. Establishment means any privately~owned place Of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Remain means to: (a) Linger or stay; or (b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious pennanent disfigurement, or protracted loss or impainnent of he function of any bodily member or organ. lntentionalfv, knowingly, recklessly, or with criminal negligence has the meaning(s) provided in the lexas Penal Code. SEC. 74-37. OFFENSES. (a) A minor who has reached the age of ten (10) years commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence remains in or upon any public place, or remains 1n any motor vehicle operating or parked therein or thereon, or remains on the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an Offense if he or she intentionally, knowingly, recklessly, or with criminal negligence pennits, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain on the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of an establishment commits an offense if he or she intent1onallj, knowingly recklessly: or with criminal negligence allows a minor to remain upon the premises Ct' the establishment dunng curfew hours for minors. SEC. 74-38. DEFENSES. (a) It is a defense to prosecution under Sec. 74-37. that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, without any detour or stop; and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone of the parei'rt/guardian authorizing the errand, the telephone number where the parentf!:luardian may be reached durinQ the errand, the name of the minor, a brief description of the errand, the minor's destination(s) and the time period the minor is authorized to be engaged in the errand; (4) In a.motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; 3 (6) En9~ged in, P!'!rticipat!ng jn or traveling to or from any event, function or actrvlty for which application of Sec. 74~37. would contravene his rights protected by the Texas or United States Constitutions; (7) Involved in an emergency; (8) On the sidewalk a~utting !he mino(s residE!;nce or abuttin9 the residence of a next door neighbor if the neighbor dtd not complain to the police department about the minor's presence; (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the citv, a civic organization, or another similar entitv that takes responsibilitv for the minor as well as going to or returning home from the same, witfiout any detour 'or stop; (10) Exercisin_g First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right to assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity wittiout detour or stop. (b) It is a defense to prosecution under subsection 74-37(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours for minors and refused to leave. SEC. 74-39. SCHOOL AGE MINORS TO BE IN SCHOOL. (a) Compulsory school age minOr to be in attendance at school,· parental duties imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any public place within the cicy-except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day when school is in session. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from acting contrary to Sec. 74-39(a)(1). (b) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16) inclusive, is suspended or expelled from school, then each parent or guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The dutv to personally supervise the minor, or to arrange for a responsi61e adult to supervise the minor, at the times that the minor would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any public place at the times that the minor would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled. (c) No minor between the ages of ten (10) and sixteen (16), inclusive, that has been susrended or expelled from school shall be in any public place at the times tha he or she would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled. (d) Any minor who has reached the age of ten (10) years or parent or guardian of a minor who intentionally, knowingly, reckfessly or with criminal negligence violates any provision of Sec. 74-39 commits an offense and, upon conviction, shall be guilty of a misdemeanor, which shall be punishable as provided in Sec. 74-41. 4 J J J [ l L SEC. 74-40. DEFENSES. (a) It is a defense to prosecution under Sec. 74-40 (a) and (b) that: (1) The minor is suspended or expelled from school and is accompanied by a parent or guardian or responsible adult selected by a parent or guardian to supervise the minor; (2) The minor has been authorized by virtue of his or her regular school schedule to be off of the school campus at the time the minor is found to be at any place within the City away from the school; (3) The minor has written proof from school authorities excusing him or her from attending school at that particular time; (4) The minor is attending an official school activity off-campus; or (5) The minor is engaged in any event or circumstance provided defense in Sec. 74-38 (a) (3) (4) (6) (7) (10) or (11) above. as a SEC. 74-41. PENALTIES. (a) A person who violates any provision .Of Sec. 74-37 or Sec. 74-39 commits a Class C misdemeanor offense and, upon conviction, shall be punishable by a fine not to exceed five hundred dollars ($500.00). (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. (c) When required by Section 52.08 of the Texas Family code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Sec. 74-37 or Sec. 74-39 and shall refer the minor to juvenile court. SECTION 7442. Enforcement Provisions Notwithstanding the penal effects of this article, the Chief of Police is encouraged to develop alternative enforcement strategies which may include, but need not be limited to, the retum of minors to their residences, counseling with minors and their parents or guardians, the issuance of warning citations to minor's or their parents or guardians. The enforcement strategies shall fie promulgated in writing to members of the police department so that this article may be enforced in uniform manner. Section 3. That all ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance, are hereby repealed, to the extent of conflict only. Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances should for any person be held to be invalid, such invalidity shall not affect the remaining portions Of this ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. Section 5. That this being an ordinance which imposes a penalty, its caption and penalty sh~H be published at least twice (2) in the official newspaper of the City of Nederland. This ordinance shall take effect immediately after the last date of publication. 5 28th day of Aoril , 2014. PASSED AND APPROVED by the City Council of the City of Nederland this the J ATTEST: ~;$WA qiJfillV'--' GiiYFefQUSO City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: - J J 6 l [ l AMENDMENT TD ORDINANCE NO. 2014-08 AN AMENDMENT TO ORDINANCE NO. 2014-08 OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2013-2014 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2013-16, which adopted the Fiscal Year 2013-2014 City Budget; and, WHEREAS, the City Council approved Ordinance No. 2014-08 on April 14, 2014; 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 2013-2014 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2014 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October l, 2013 and ending September 30, 2014, 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 2013-2014 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 ameiidment 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 28th DAY OF APRIL, 2014. R. ,_f!!!t?frtr City of Nederland, Texas ATTEST: APPROVED AS TO FORM AND LEGALITY: FISCAL YEAR: DATE: DEPARTMENT: FUND: ACCOUNT NO. 01-0000-4720 01-9000.-6907 31-0000-4901 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2013-2014 Aprll 23, 2014 Various General (01) I Capital Outlay (31) AMOUNT CURRENT INCREASE ACCOUNT TITLE BUDGET (DECREASE) Sale of land -382,596.00 Transfer to Ca~ital Outlay -382,596.00 Transfer from General Fund -382,596.00 TOTAL JUSTIFICATION PROPOSED BUDGET 382,596.00 382,596.00 382,596.00 Revnue is received from the sale of pipeline casements to Seaway Crude and Sunoco Pipeline. Funds are being recognized and transferred to the Capital Outlay Fund for future projects. J J Dept Head Signature~'------------------- Finance Director: Date: _______ J Date: ------- Date Approved: Date Posted: ------- Page of ___ _ l l L REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. May 12, 2014 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. 2. INVOCATION AND PLEPGE OF ALLEGIANCE 3. The invocation and pledge of allegiance were lead by Councilmember Rogers. 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 Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a-c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. a. Minutes -April 28, 2014 special meeting and April 28, 2014 regular meeting b. Tax Assessor Collection Report -April 2014 c. Payments: • April 2014 monthly bills • laBiche Architectural Group, Inc. -$6,039.16, Homer E. Nagel Pubic Safety Complex Roof project • Carroll & Blackman, Inc. -$1,256.00, Phase II MS4 Permit Implementation Services .• d. p. Consulting Engineers, Inc. -$12,000.00, J. M. Staffen Addition Waterline Improvements project 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve a Proclamation in regards to Colton Weisbrod Day. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. Minutes Continued, May 12, 2014 b. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve a Proclamation In regards to Motorcycle Safety and Awareness Month. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. c. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to accept the Quarterly Investment Reports for quarters ending December 2013 and March 2014. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. d. Homer E. Nagel Public Safety Complex: i. Philip Klein, Secretary/Treasurer, Nederland Volunteer Fire Department, reported a total of 476 bricks have been sold for the entrance project of the Homer E. Nagel Public Safety Complex. He went on to say 21 more bricks are in the process of finalizing payments. He estimated a final total of bricks sold at 525. Mr. Klein explained the approximate cost for the bricks will be around $12,950; therefore the remaining funds (estimated between $12,000 and $13,000) will be donated to the City in order to pay for the construction portion of the project. He thanked the Council for allowing the Volunteer Fire Department to contribute Bnd serve the community in this capacity. J ii. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern J Albanese to accept a donation in an amount between $12,000.00 -$13,000.00 (final number to be given by Volunteer Fire Department at close of brick campaign) and to approve Ordinance No. 2014-10, amending the fiscal year 2013-2014 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. 111. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve Change Order No. 5 ( +$12,544.43) -Homer E. Nagel Public Safety Complex project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. e. Nederland EDC Incentives: i. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve Resolution No. 2014-05, ratifying the action of the Nederland Economic Development Corporation related to an incentive offered to Home Furniture Company. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. J l [ L Minutes Continued, May 12, 2014 ii. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve Resolution No. 2014-06, ratifying the action of the Nederland Economic Development Corporation related to an Incentive offered to Daley's Hunt N Fish. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. iii. A motion was made by Councilmember Rogers and seconded by Council member Neal to approve Resolution No. 2014-07, ratifying the action of the Nederland Economic Development Corporation related to an incentive offered to the Jungle Bar & Grill. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Council member Austin. iv. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve Resolution No. 2014-08, ratifying the action of the Nederland Economic Development Corporation related to an incentive offered to Fred Miller's Outdoor Equipment. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. f, A motion was made by Mayor Pro Tern Albanese and seconded by Councllmember Neal to declare various equipment and vehicles surplus from the Nederland Parks and Recreation Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. g. A rriotion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to authorize the solicitation of bids for smoke testing -area 3. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. h. 2013 Streets Program: i. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve Change Order No. 1 (-$15,000.00), Concrete Street Rehabilitation project MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve final payment and release of retalnage to Bruce's General Construction for the 2013 Concrete Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. Minutes Continued, May 12, 2014 5. iii. A motion was made by Councilmember Neal and seconded by Councilmember J Rogers to approve Change Order No. 1 (-$90,620.61), Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. iv. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve final payment and release of retainage to LO Construction for the 2013 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. i. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve the submission of a 2014 Port Security Grant application. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. J. Discussion and possible action regarding the Interlocal Agreement for Fire Protection Service with Jefferson County Water Control & Improvement District No. 10. This item was deferred until after Executive Session. EXECUTIVE SESSION The regular meeting was recessed at 5:27 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; and Chapter 551.087, Deliberation Regarding Economic Development Negotiations. J 6. RECONVENE The regular meeting was reconvened at 7:00 p.m. by Mayor Nugent. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to postpone action regarding the Interlocal Agreement for Fire Protection Service with Jefferson County Water Control & Improvement District No. 10. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councllmember Austin. 7. COMMUNICATION City Manager's Report: J a. Miscellaneous -There will be a Council meeting on Thursday, May 15, 2014 at 4:00 p.m. to swear in the Mayor, Ward II, and Ward IV [ l L Minutes Continued, May 12, 2014 8. ADJOURN councilmembers. A short reception will follow in honor or Bert Rogers. The next Council meeting will be on May 19, 2014 at 4:30 p.m. b. The Chamber of Commerce Coffee is tomorrow at Gulf Credit Union. There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Rogers to adjourn the meeting at 7:02 p.m. MOTION CARRJED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. City of Nederland, Texas ATTEST: Ga erQUSI Citv c1e; City of Nederland, Texas NAME R. A. Nugent Talmadge Austin Billv Neal Don Albanese Bert Rogers Chris Duaue Gav Ferguson Jesse Branick Chervl Dowden Darrell Bush Garv Collins Steve Hamilton Georae Wheeler Victoria Klehn Holly Guidrv Joni Underwood Angela Fanette May 12. 2014 Date CITY OF NEDERLAND COUNCIL MEETING A TIENDANCE SHEET TITLE PRESENT Mavor v Council Member-Ward I v' Council Member-Ward II v' Council Member -Ward Ill v Council Member -Ward IV \/ Citv Manaaer \/ Citv Clerk v City Attorney v Director of Finance Police Chief \/ Fire Chief \/ Director of Public Works \/ Building Official Librarian v Human Resources Director v Executive Secretaru v Parks Director J ABSENT v J / v J [ l L ORDINANCE NO. 2014·10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2013· 2014 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the Oty Council previously approved Ordinance No. 2013-16, which adopted the Flscal Year 2013-2014 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 uA" attached hereto; and, WHEREAS, the 2013-2014 Qty budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2014 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2013 and ending September 30, 2014, and such funds are hereby appropriated as a City Councfl Contingency Account for purposes approved by the City Council; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE crrv OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2013-2014 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 aTY OF NEDERLAND AT A REGULAR MEETING THIS THE 12th DAY OF MAY, 2014. !ft.~ City of Nederland, Texas ATTEST: APPROVED AS TO FORM AND LEGALITY: City Attorney FISCAL YEAR: DATE: DEPARTMENT: FUND: ACCOUNT NO. 30.QOOQ.4398 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2013-2014 May 12, 2014 Port Security Grant (30) AMOUNT CURRENT INCREASE ACCOUNT TITLE BUDGET (DECREASE) Contribution-Ned Vol Fire Deot -7,500.00 TOTAL JUSTIFICATION PROPOSED BUDGET 7,500.00 Revenue is received from the sale of bricks by the Nederland Volunteer Fire Departmenl Funds will be utilized to pay for Change Order#S, which shall address the brick pavers' installation, etc. Dept. Head Signature~'------------------Date: ------ Finance Director: Date: ------ Date Approved: Date Posted: ______ _ Page of ___ _ J J J l l l TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR STATE OF TEXAS . COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Terry Wuensche!, the Tax Assessor~Collector of Jefferson County, Texas and also, by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, wider oath, that this amount $51,216.87, represents all taxes collected for CITY OF NEDERLAND during the month of April 2014. erry Wuensche} """"'· JEFFERSON COUNTY COURTI!OUSE ·P.O. BOX 2112 ·BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:00 p.m. May 15, 2014 1. MEETING The meeting was called to order at 4:00 p.rn. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. 2014 Election 3. a. Gay Ferguson, City Clerk, administered the Oath of Office to R. A. "Dick" Nugent, Mayor; Billy Neal, Councilmember Ward II; and Craig Belaire, Council member Ward IV. b. A motion was made by Mayor Nugent and seconded by Councilmember Neal to elect Councilmember Albanese Mayor Pro Tempore in accordance with Section 3.06 of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmernbers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councllmember Neal to adjourn the meeting at 4:16 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. ATIEST: G YFer9USJ City Clerk City of Nederland, Texas J J J CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET l NAME TITLE PRESENT ABSENT R.A. Nuaent Mavnr ./ Talmadge Austin Council Member-Ward I I Billv Neal Council Member-Ward II v Don Albanese Council Member-Ward Ill v Bert Rogers Council Member-Ward IV v Chris Duque Citv Manager v Gav Ferauson Citv Clerk v Jesse Branick Citv Attorney I Cheryl Dowden Director of Finance v Darrell Bush Police Chief v' Garv Collins Fire Chief v Steve Hamilton Director of Public Works v Georae Wheeler Buildina Official ./ Victoria Klehn Librarian v Holly Guidry Human Resources Director v Joni Underwood Executive Secretaru v Anaela Fanette Parks Director \/ ll May 15. 2014 Date SPECIAL MEETING OF THE CITY OF NEDERLAND EMPLOYEE BENEFITS TRUST 5:06 p.m. May 19, 2014 1. MEETING The meeting was called to order at 5:06 p.m. by Chairperson R. A. Nugent at the Nederland City Office Building, 207 N. 12TH Street, Nederland, Texas. 2. APPROVAL OF MINUTES A motion was made by Trustee Belaire and seconded by Vice-Chairman Albanese to approve the minutes of the May 16, 2013 meeting of the Employee Benefits Trust as written. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Belaire. Noes: None. Absent: Trustee Austin. 3. HEALTH INSURANCE J A motion was made by Trustee Neal and seconded by Vice-Chairperson Albanese to award bids received for employee health insurance to TML Intergovernmental J Employee Benefits Pool utilizing Plan 6 as the standard plan with employee contribution at $486.40 for employee only, $916.22 for employee+ spouse, $694,64 for employee + children and $1,055.12 for employee + family. In addition, the city will reduce number of plans and offer plans 4, 6, 7, and 8 as recommended by IPS and the City of Nederland Insurance Committee. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Belaire. Noes: None. Absent: Trustee Austin. 4. ADJOURN There being no further business a motion was made by Trustee Neal and seconded by Vice-Chairman Albanese to adjourn the meeting at 5:15 p.m. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Belaire. Noes: None. Absent: Trustee Austin. ATTEST: J l l l REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. May 19, 2014 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. Z. INVOCATION AND PLEDGE OF ALLEGIANCE 3. The Invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 Albanese and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a-e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. a. Minutes -May 12, 2014 regular meeting b. April 2014 -Departmental Reports c. Consider action approving a request from NISD for utilization of the Nederland Swimming Pool for end of year parties. d. consider action authorizing the closure of Boston Avenue from 17th Street to 15th Street. e. Nederland Economic Development Corporation Incentives: • Consider action approving Resolution No. 2014-05, ratifying the action of the Nederland Economic Development Corporation related to an incentive offered to Home Furniture Co. • Consider action approving Resolution No. 2014-06, ratifying the action of the Nederland Economic Development Corporation related to an incentive offered to Daley's Hunt N Fish. • Consider action approving Resolution No. 2014-07, ratifying the action of the Nederland Economic Development Corporation related to an incentive offered to the Jungle Bar & Grill. • Consider action approving Resolution No. 2014-08, ratifying the action of the Nederland Economic Development Corporation related to an incentive offered to Fred Miller's Outdoor Equipment. Minutes Continued, May 19, 2014 4. REGULAR AGENDA a. Dohn LaBiche, LaBiche Architectural Group, provided an update on the Homer E. J Nagel Public Safety Complex. He reported work on the walls will begin on the Fire Department side this weekend. The Police Department side will be completed soon. Chris Duque, City Manager, advised the furniture has been ordered and things are going well. The IT room has been moved with a few unplanned headaches. All issues have been worked out. The Volunteer Fire Department is approximately $500 short; however, brick order has been placed and they are continuing sales. b. A motion was made by Mayor Pro Tern Albanese and seconded by Councllmember Neal to approve Change Order No. 6 ( +$164,410.62) -Homer E. Nagel Public Safety Complex to include adding the name of the building to the entrance, replacing discolored brick, additional electrical work to satisfy requests from Motorola and Fire Marshal, electronic sign, and landscaping. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. c. A motion was made by Councilmember Neal and seconded by Councilmember Belaire to approve payment to Bruce's General Construction in the amount of $184,744.81 -Homer E. Nagel Public Safety Complex. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councllmember Austin. d. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to set a Public Hearing date for the purpose of discussing and receiving comments regarding the annexation of property in the City's extraterritorial jurisdiction (being 54.25 acres of land, part 1 of Lot 6 and all of Lots 7 and 8, Block 19, Range "!" and part of Lots 1 and 2, Block 20, Range "I", Port Arthur Land Company Subdivision, recorded in Volume 1, Page 22, Map Records , Jefferson County, Texas; being the same land conveyed to Diamond M cattte and Exotics, LP, recorded in File No. 2011009931 and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennls Group, Inc. recorded in File No. 2006033732, Official Pubic Records, Jefferson County, Texas and the same land conveyed to Pipefitters Local No. 195, recorded in Volume 1076, Page 559, Volume 1481, Page 292, and Volume 1998, Page 141 Deed Records, Jefferson County, Texas). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. e. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Belaire to set a Public Hearing date to consider and take action from the recommendation of the Construction Board of Appeals on the demolition of the following properties: I. 129 Hildale Drive being Lot 5, Block 2 of Hiiicrest Terrace Addition il. 3324 Hwy 365 being of CNTR PT of Lot 34, Block 6 Tr. 10 of Hillcrest znd Acres iii. 1140 Jackson Avenue being of Lot 9, Block 3 of Humphrey Heights #1 iv. 2503 Avenue A & 212 S. 25th Street being of Lot 1, Block 4, Hillcrest 1st Addition v. 216 Atlanta Avenue being of Lot 16, Block 7 of Staffen Addition J J l [ [ Minutes Continued, May 19, 2014 MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. f, A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve an Agreement to provide fire protection services to Industrial Safety Training Council. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belalre. Noes: None. Absent: Councilmember Austin. g. A motion was made by Councilmember Neal and seconded by Councilmember Belaire to approve a License to Encroach between the City of Nederland and Tom Cormier regarding property located at 198 Sterling Ridge. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Neal, and Belaire. Noes: None. Absent: Councilmember Austin. Abstain: Mayor Pro Tern Albanese. h. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to appoint J.R. Edwards & Associates, LLC to perform the City's audit for Fiscal Year 2013-2014. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belalre. Noes: None. Absent: Councilmember Austin. i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve a Memorandum of Understand with the South East Texas Regional Planning Commission regarding the City's utilization of the South East Texas Emergency Alerting Network. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belalre. Noes: None. Absent: Councilmember Austin. J. Bids: i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to award a bid for the 2014 Asphalt Street Rehabilitation project to LO Construction in the amount of $678,870.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to authorize the solicitation of bids for Concrete Street Raising Services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belalre. Noes: None. Absent: Councilmember Austin. Minutes Continued, May 19, 2014 k. Employee Group Benefits: i. The regular meeting was recessed at 5:06 p.m. by Mayor Nugent for the J purpose of conducting a City of Nederland Employee Benefits trust meeting to award bids for health insurance. ii. The regular meeting was reconvened at 5: 15 p.m. by Mayor Nugent. ill. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Belaire to authorize the transfer of funds from the City of Nederland to the City of Nederland Employee Benefits Trust to pay for employee- related benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. S. EXECUTIVE SESSION Mayor Nugent announced the Executive Session was not needed. 6. COMMUNICATION 7. City Manager's Report: a. City offices closed May 26th in observance of Memorial Day. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:28 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. R.A. Nugen, or City of Nederla , Texas ATIEST: ~C~M~~ G.!v FerQUS;CitY Clerk~ City of Nederland, Texas J J l l l CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT I R. A. Nuaent Mavor \ Talmadge Austin Council Member -Ward I Blllv Neal Council Member -Ward II v Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV v Chris Duque Citv Manager / Gav Ferauson Cltv Clerk Jesse Brenick Citv Attorney v Cheryl Dowden Director of Finance / Darrell Bush Police Chief V' Gary Collins Fire Chief v steve Hamilton Director of Public Works v Georaa Wheeler Buildinn Official v Victoria Klehn Librerian v Hollv Guidru Human Resources Director / Joni Underwood Executive Secretarv ./ Anaela Fanelle Parks Director v R.ft!t.~hc c=· rwood, Executive Secretary May 19. 2014 Date ABSENT .; v RESOLUTION 2014-05 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people ofNederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic development are in the public interest and serve a public pucpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the· citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and J WHEREAS, the Nederland Economic Development Corporation is authorized and empowered Wider applicable state law, its charter, bylaws and by board approval, to aid in the J development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,THEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOFTHECITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ("Board'1 relating to project costs associated with Home Furniture Co., in an aggregate maximum amount of not more than Two Hundred Fifty Thousand dollars ($250,000.00), in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSEDANDAPPROVEDONTHEFIRSTREADINGBYTHECITYCOUNCIL OF THE CITY OF NEDERLAND, TEXAS this 12th day of ....Mm'....., 2014 at which meeting a quorum was present and voting. City ofNederland, Texas ATTEST' ~-f.{lefffV'- City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: ....J_ J l PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXASthis/!:Jmayof fl11i.1f ,2014at which meeting a quorum was present and voting. CTtYQ;N ::Texas ATIEST: City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: ' l l RESOLUTION 2014-06 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENf CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people ofNederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth ofNederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authori7.ed by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1 %) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity. and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Coiporation by popular vote in a duly authorized election to serve the public purposes herein described; and J WHEREAS, the Nederland Economic Development Corporation is authori7.ed and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the J development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,THEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOFTHECITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Coiporation ("Board") relating to project costs associated with Daley's H1mt N Fish, in an aggregate maximwn amount of not more than Thirty Thousand dollars ($30,000.00), in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this .Jlth_day of __MAy__, 2014 at which meeting a quorum was present and voting. APPROVED AS TO FOfil.\AND LEGALITY: ~ J l PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OFTIIE CITY OF NEDERLAND, TEXASthis.J!J/kyof May '2014 at which meeting a quorum was present and voting. ATTEST: ~clef City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: l L RESOLUTION 2014-07 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people ofNederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth ofNederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authori7.ed by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WIJ.EREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and J WHEREAS, the Nederland Economic Development Coiporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the J development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,THEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOFTHECITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ("Board'') relating to project costs associated with Jungle Bar & Grill, in an aggregate maximum amount of not more than Fifty Thousand dollars ($50,000.00), in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 12th day of ...,M§Y._, 2014 at which meeting a quorum was present and voting. ATfEST: Ga~QrgjtJPv City ofNederland, Texas APPROVED AS TO FORM~ LEGALITY: ~/ J l PASSED AND APPROVED ON THE SECOND_ -~ING BY THE CITY COUNCILOFTHECITYOFNEDERLAND, TEXASthi•J'IJ«ayof Y4<f ,2014ot which meeting a quorum was present ~ voting. R. A. Nugent, yor CifyO;N::;exas ATTEST: o!P.,Jt~{'.~ City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: [ l RESOLUTION 2014-08 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gall1ful employment and general welfare of the people ofNederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth ofNederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one.quarter (1/4) of one percent (1 %) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business entelprises and the resulting maintenance of a higher level of employment. economic activity, and stability; and WHEREAS, the citi7.ens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and J WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the J development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,TBEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOFTHECITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to project costs associated with Fred Miller's Outdoor Equipment. in an aggregate maximum amount of not more than Twenty Thousand dollars ($20,000.00), in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCil.. OF THE CITY OF NEDERLAND, TEXAS this 12th day of ...MID'...... 2014 at which meeting a quorum was present and voting. R. A. Nugent. yor City :rN:I>T:xas City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: ~ J PASSED AND APPROVED ON THE SECOND __ ¥ADING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this ~y of Ma.~ , 2014 at which meeting a quorum was present and voting. ATIEST: APPROVED AS TO FORM AND LEGALITY: ... REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. June 9, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. . . -·4·-~:. 3. CONSENT AGENDA -All consent agenda items listed are considered to be ro.utfrie 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 Albanese and seconded by Council member Neal to approve the Consent Agenda Items 3 a-c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -May 19, 2014 regular meeting and May 15, 2014 special meeting b. Consider action approving a request from Crossroads Fellowship Baptist Church for use of Doornbos Park for a Backyard Bible Club. c. Payments: • May 2014 monthly bills • A & A Electrical Company of Beaumont, Inc.-$21,975.52, Hurricane Ike Round 2.2 Wastewater Treatment System generators project • Allco -$92,916.53, Hurricane Ike Wastewater Collection Rehabilitation project • d.p. Consulting Engineers, Inc. -$5,000.00, J.M. Staffen Addition Waterline Improvements project 4. REGULAR AGENDA a. Kay Decuir, Executive Director of the Nederland Economic Development Corporation, gave an update of activities undertaken during the last quarter. She reported on the progress at the Airport Development, a professional development series they are providing to businesses, new businesses to Nederland, businesses relocating, and the PRIDE program. Minutes Continued, June 9, 2014 b. Grants: i. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the acceptance of a grant from the Foundation for Southeast Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to authorize the acceptance of a 2014 Edge Implementation Reimbursement Program grant funded by the Texas State Library and Archives Commission. 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 agreement with Interface EAP for the employee assistance program benefit afforded to city employees. 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 a request from Nederland Little League in reference to extension of utility services and donation of millings from the 2014 Street Program. 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 Neal to amend Ordinance No. 2014-02 that adopted the rules and pricing for the Nederland Swimming Pool. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tern Albanese and seconded by Council member Austin to approve Ordinance No. 2014-11, repealing Ordinance No. 2013-15 that amended Chapter 74, Article IV of the Code of Ordinances relating to definitions, restrictions on registered sex offenders' residency. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 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 5:33 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. Minutes Continued, June 9, 2014 7. COMMUNICATION City Manager's Report: 8. ADJOURN a. Miscellaneous -Next council meeting will be an item to consider re- scheduling the July 28th meeting to July 21st. This is due to early voting held at City Hall by Jefferson County. Dohn LaBiche will provide an update on the Homer E. Nagel Public Safety Complex on June 23rd. There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:37 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ATTEST: GrvFerQOn, City elk 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 v Don Albanese Council Member -Ward Ill ~ Craig Belaire Council Member -Ward IV v Chris Duque City Manager v Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance v ~O:~fMeV Police Chief v ---I Gary Collins Fire Chief v Steve Hamilton Director of Public Works v George Wheeler Building Official Victoria Klehn Librarian v Holly Guidry Human Resources Director v Joni Underwood Executive Secretary v Angela Fanette Parks Director / Ga FefQu n, City Crk June 9 2014 Date AMENDMENT TO ORDINANCE NO. 2014-02 AN AMENDMENT TO ORDINANCE NO. 2014-02 OF THE CITY COUNCIL OF THE CITY OF NEDERLAND., TEXAS THAT ESTABLISHED HOURS OF OPERATION, PROCEDURES, FACILITY RENTAL FEES, POOL RENTAUPASSES, AND LEAGUE FEES FOR THE NEDERLAND RECREATION CENTER AS SHOWN ·IN ·EXHIBIT "A"; ·REPEALED ORDINANCE NO. 2011-19; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City ofNederland 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 ofNederland 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. 2014-fil shall ·be amended when ibis 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 9™ day of JUNE, 2014. ATTEST: City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: RECREATION BUILDING FACILITY USE HOURS OF OPERATION Open for Public Use Monday -Thursday Friday Saturday Sunday Business hours 10·a:rn; -·8p:m; 10 a.m. -5 p.m. 11 a.m. -5 p.m. Closed Private use/ After hours N/A 5:30 p.m. -9:30 p.m. 5:30 p.m. -9:30 p.m. 11:30 a.m. -9:30 p.m. RECREATIONAL FACITILTY USE FEES Any and all fees may be waived at any time by City Council actj.pn .. RECREATION BUILDING NON-RESIDENT FEES ... .. .. NISD Students (under 19 with valid School ID) Other Non-residents (full building use) College Students J2Dib_ $8.00 $5.00 No charge Month!J . Quarterjy $30.00 . . $80.00 .Annual $200.00 Month/i : Quarlerb Annual Hoop -N-Spike Club (Gym & Weight Room use only) $~Q.Q~ $5q:op $120.00 Racquetball Oub (ncquetball court only) $20.00 . $50:00· $120.00 .... All patrons, J:esident and non-xesident, most regist~ at fr~Pt·~esk 1:0 he granted use of facility I.D . Required for entry-recurring non'."~~s1de4~ visitors tjl-µ.st register at front counter · ... : RECREATION BU.i:LDING·:ilENTAL FEES All activities and applications must be approV.ed by ihe Porks & R~creation Director before transaction is finalized. All after-hour functions must t)~:.(eserved fiv«: .bustness days before desired date. RESIDENT Hourly rates . Businm hours After ho1m Racquetball (per player, piax · tWo-htifu:s) $200 NI A ·Gymnasium (2-hour minil:pum) ..:_After;. hours onfy Nf A ·$35;00 Garr;i.e room -After-ho11ri:~11fy .·· N /A $35.00 Van Gogh (Ro~µ,is 111/122) $25.00 $35.00 Rembrandt (Room. f29) · .. · $25.00 $35.00 Kitchen . : ; . · $2.00 $2.00 Th..r.ee.«:?b~s-N/ A $1.05.00 . . : v ermeer (Room 124) NI A NI A Outdc;;(;>r.~cilities (permit issued) N/ A N/ A **Functioris_.exce~cling 75 up to 100 persons will be charged $1.00 per person over 75 N/A 11'00:00 $40.00 $20.00 $20.00 N/A $1.60.0Q . N/A $100.00 The depd~~~}s refunded as long as everything is cleaned and no damage is done to the facility. NON-RESIDENT Hourly rates Bllfinus hours A/ter hours Racquetball (per player, max. two hours, must be with resident) $5.00 NI A Gymnasium (2-hour minimum) -After hours onfy NI A $50.00 G.une room -.After hours onfy NI A $50.00 Van Gogh (Rooms 111I122) $35.00 $50.00 Rembrandt (Room 129) $35.00 $50.00 Kitchen (m conjunction with any room) $2.00 $2.00 Three rooms NI A $150.00 Vermeer (Room 124) NIA NIA Outdoor facilities (pennit issued) NI A NI A **Functions exceeding 75 up to 100 persons will be charged $2.50 per person over 75 Deposit NIA $100.00 $40.00 $20.00 $20.00 NIA $160.00 NIA $100.00 The deposit is refunded as long as everything is cleaned and no damage is done to the facility. LEA·GUE FEES Softball Basketball -Residents Basketball-Non-Residents Volleyball Random D.ra_w volleyball tournaments $325.00/team Includes Affiliation dues & official's fees $125.00/team Teams pay officials (referees, scorekeeper) $175.00/team Teams pay officials (referees, scorekeeper) $ 50.00/team Teams pay officials (referees, scorekeeper) .$5.00 /participant Code of Conduct • A resident is considered any person that leases, rents or owns property within the city limits of Nederland. ·• Active member-s -of the -United States Armed· Forces, with· valid military l.D., will· be ·given ·r-esident status for facility use and rental fees. • Neither alcoholic nor tobacco prod_ucts of any kind are allowed In building, no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • Only resi dents are allowed reserve racquetball courts. Non-resident must be with resident to play racquetball, unless a ·non;.;resident membership ·is purchased. Minimum age for racquetball participants without adult supervision is 16-years-old. Rental Slioulalions • Applications -Rental applicants are required to provide all pertinent Information relating to function at time of application. Fees for an event must be paid In full (including the deposit) in order for a date to ·be reserved. • Deposits -A clean-up/damage deposit is required on any room rented for private use. The deposit amount will be combined when renting more than one room. Applicants are required to clean up after use of the facility. • Chaperones -For every seven (7) children under the age of 18 in attendance at any private function, one (!) adult must be designated.by the applicant to monitor facility use. Applicants are responsible for t he behavior of all guests using the facility. Failure to meet this stipulation will result in forfeiture of deposit. • Approved activities-Only approved activiti~s will be allowed in the facility. The Parks and Recreation Director reserves the right to define what is or is not acceptable. 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. Failure to meet this stipulation will result in forfeiture of deposit. • Time Allotment -For all functions the attendant on duty will conduct building inspections and allow admittance Into reserved room(s) 15 minutes before scheduled time 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. Failure to meet this stipulation will result in forfeiture of deposit. • Decorations -No glitter or confetti are allowed as decoration. No thumbtacks or hot-glue may be used to hang decorations on walls. Nothing may be hung from the ceiling tiles or ceiling grid. Failure to meet this stipulation will result in forfeiture of deposit • Security-Security shall ·be defined' as an off~duty ·1aw-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. o All security arrangements are to be made through the Nederland Police Department's Assistant Chief or his designee. o Any function that·includes the ·use ·ofa ·discjockey·or·dance-club-type-musids·subjectto·security arrangements. o All functions exceeding 75 people are subject to security arrangements. · · :.: .:· o Applicants are responsible for security arrangements when relevant, and,must~be ·confirmed within 24 hours of application, otherwise the function will be cancelled. . • Mer-chant.fee--Arwtime·the ·fadlity·is -used·for an-event ·that·is stagecUer·pr-efit-er·fun·~·raising, a $200· merchant fee will be charged. This fee is in addition to all regular. f~es and deposits~:: .. · . o The Recreation/Aquatics Supervisor reserves the right to peny use of the facility; such action may be appealed to the City Council. · o Food vendors are required to secure permits ne~ded for sale of.foo_d items. o City sponsored or co-sponsored events shall not be.supject to Merchant Fee. • Non-profit Organizations All Nederland-based non-p;ciftt'· Qrganizations (youth league board, Chamber of Commerce committees, Scout organizations, etc:,} .:may apply for and use the Vermeer meeting room at no charge, but are subjeGt-'t6 Recreatic>riBuildirig.~chedules. . . . .... . ' ·~ .. .'· · •. . . NEDERLAND SWIMMING POOL HOURS OF OPERATION Sam 9am 10am 11am 12pm Monda Tuesda Wednesda Thursda Frida lpm 2pm 3pm 4pm 5pm Open Swim for Public {small-daycare grof!pS and private-lessons)- 6pm 7pm Bpm 9pm lOpm POOL FEES P~iV.AIE PQOl:PARTY *.125 is capacity Pool Parties: 5:30-7:30 7:30-9:30 .Cl,).RR~NT Resident Resident . ,.$ .iso .. '$ . · .. 2Qo ·1so s $ .. 17~ ,2SO ·$· < .4,00,. Pool Parties: 5:30-7:30 7:30-9:30 Resident $ :,:tso .. ; $ .. : 1i~ ... $ 700 Open Swim: 5:30- 7 :30 pool party Resident .$· 200 ·.·.$ -· ·i~'s ·· $ 7S.O. $ 2.00 2.06 $ .. 7.QQ 0nder 41 im:he~' with .adui~ -~dmin Free. .Fr~e Free $. ~.oa · Senior Citizen (over age of SS) $ 2.00 $ 3.00 Adult with Military ID Free $ 1.00 ... ~.WtM .t~~SQ~ . =· -~· .. .... ~ · · ~ .. ·.· -· swim lesson priyate 4 9~ys Swim ~esson Private 8 days Season Swim Passes Single (resident): Single (non-resident): Family of 4 (resident): Family of 4 (non-resident): $80 $120 Replacement Pass $160 add $10 per additional members up to seven total $200 add $10 per additional members up to seven total $1"0 Notes: Open Swim: o "During the daily·Open Swim (lPM:.:SPM'normally Tuesdays-Sundays}'after 4PM~ the fee for admission for residents and non-residents is half the normal price. Single pass o Only valid for swimmers over the age of 10. o Parent consent and emergency contact information required at application. o ·No admission/attendance requirements. Family passes o All children under age of 10 require parent/guardian/adult supervision at all times, no exceptions. o Non-relative adults (baby-sitters, neighbors, etc} may be listed on application. o Additior.ial.-member.s-may .be.added.up-to seven{7:) family.members· Swimming Pool Code of Conduct: • The normal swim season is from Memorial Day to Labor Day. • Rental applicants are required to provide all pertinent information relating to function at time of application. The. c;fe.pp~it a.mQuntmu~t .. b~ submittedwith·applica:tion.before a.nY par:t.y slot is·r.eserved. All reservations must be made in person, no dates will be held without application and deposit. • Rental applicants are responsible for the behavior of all guests using the facility. • No private parties are allowed during public swim hours. • Neither alcoholic nor tobacco products of any kind are allowed on premises, no exceptions. Smokers -ar:e requir.ed. to.be.at least 50.feet.fr.om:r:e.cr.eational facility entrances. • No glass containers of any sort, kind or variety allowed; no exceptions. • Public swim patrons are allowed to bring hydrating-style beverages-such as bottled water, tap water in exercise-style personal drinking bottle, sports drinks, etc. -all of which are subject to pool management and staff inspection. -~ No:outside.food.allowed,·except.for. Family t.Jight and·private-rental:events. No cooking-or open flame·. allowed on pool grounds or within SO feet of facility entrances. • No Re-Entry-once a patron leaves the poQI, they must pay another admission fee to re-enter. • One parent, grandparent, or guardian per family regardless whether a resident or non-resident may enter the facility free of charge to supervise their minor child(ren} if the parent, grandparent, or guar.-Oiar.i: ~hall. not swim. If. th~ parent; gr:andparent; .or guardian· who -~nt~red the facility free .. of: charge leaves the facility, then they shall not be allowed re-entry without payment. ORDINANCE NO. 2014-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,. TEXAS REPEALING ORDlNANCE NO. 2013-15 THAT AMENDED CHAPTER 7 4, ARTICLE IV OF THE CODE OF ORDINANCES, CITY OF NEDERLAND, TEXAS, RELATING TO DEFINITIONS, RESTRICTIONS ON REGISTERED SEX OFFENDERS RESIDENCY, PROHIBITING ·REGISTERED SEX OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF PREMISES WHERE CHILDREN COMMONLY GATHER; RE-INSTATING CHAPTER 7 4, ARTICLE IV OF THE CODE OF ORDINANCES... CITY OF NEDERLAND_,_ TEXAS, RELATING TO DEFINITIONS, RESTRICTIONS ON REGISTERED SEX OFFENDERS RESIDENCY AS STIPULATED BY ORDINANCE NO. 2006-03; REPEALING CONFLICTING ORDINANCES; PROVIDING.FOR SEVERABIUTY; AND .PR-OVIOING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Nederland has investigated and petermined·that ·it would be pragmatic to the citizens of the City of Nederland to repeal Ordinance No. 2013-15 adopted on September 9, 2013; and WHEREAS, the City Council determines that establishing a policy to restrict the property available for residence of sex offenders will provide better protection for children gathering in the.City; and WHEREAS, Article 42.12 (13B) of the Texas Code of Criminal Procedure provides a 1000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; and WHEREAS, it is the intent of this Ordinance to serve the City's compelling interest to promote, protect, and improve the health, safety, and we1fare of the citizens of the City by creating areas around locations wherein certain sexual offenders are prohibited from establishing residencies. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I: Ordinance No. 2013-15 is hereby repealed effective the date this Ordinance becomes effective. SECTION II: The Code of Ordinances of the City of Nederland, Chapter 74, ARTICLE IV, RESIDENCE RESTRICTIONS ON REGISTERED SEX OFFENDERS shall be and is reinstated in accordance with Ordinance No. 2006-03. SECTION Ill: REPEALING CLAUSE: All ordinances or parts of ordinances inconsistent with the terms of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this Ordinance. SECTION IV: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be Invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. SECTION V: EFFECTIVE DATE AND PUBLICATION This ordinance shall take effect from and after its passage by the City Cc;>uncil of the City of Nederland, Texas and publication. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published In the official newspaper of the City of ~ederfand. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the gTH day of JUNE, AD., 2014. City of Nederland, Texas ATTEST: ro~flLed ~ Gefer9Un'6c1e City of Nederland, Texas APPROVED AS TO FORM: REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. lune 23, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 counci l member so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a-e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a, Minutes -June 9, 2.014 re.gular me.e.tlng b. May 2014 Departmental Reports c. Tax Assessor Collection Report -May 2014 d. Consider action approving a request from Tommy Olesky to utilize Doornbos Park and the Nederland Recreation Center for a cross country meet and waiver of associated fees. e. Payments: • Carroll & Blackman, Inc. -$1,805.00, Phase II MS4 Permit Implementation • Schaumburg & Polk, Inc. -$28,490.62, 2014 Asphalt Street Rehabilitation project • Allco -$71,558.28, Hurricane Ike Round 2.2 Wastewater Collection Rehabilitation project • Bruce's General Construction -$.189,135.6.5,. Homer E. Nagel Public Safety Complex project • LaBlche Architectural Group, Inc. -$15,341.10, Homer E. Nagel Public Safety Complex project • LaBiche Architectural Group, Inc. -$262.62, Homer E. Nagel Public Safety Complex Roof project Minutes Continued, June 23, 2014 4. REGULAR AGENDA a. Dohn LaBiche, Project Architect, gave a progress report on the Homer E. Nagel Public Safety Complex project. He reported the masonry work will be finishing within the next couple of weeks and the paving in the rear of the fire station will begin depending on the rain. The Police Department is complete with the exception of the sprinkler system. The roof contractor began replacing the roof on the Police side with approximately V• completed. The millwork is onsite and waiting for the painters to finish pai nting on the walls and texturing. Mr. LaBiche offered to take councilmembers on a tour of the facility on Friday, June 27th at 9:00 a.m. Chris Duque, City Manager, reported he is pleased with the progress of the work and indicated the City is in good position with the deadline of the grant approaching. He added the rain would be the only issue with delaying work on the roof. b. The regular meeting was recessed and a Public Hearing was called to order at 4:46 p.m. by Mayor Nugent for the purpose of discussing and receiving comments regarding the annexation of property in the City's extraterrito.rial jurisdiction (being 54.25 acres of land, part 1 of Lot 6 and all Lots 7 and 8, Block 10, Range "!"and part of Lots 1 and 2, Block 20, Range "!", Port Arthur Land Company Subdivision recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being the same land conveyed to Diamond M Cattle and Exotics, LP, recorded in File No. 2011009931 and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennis Group, Inc., recorded in File Na. 2006033732, Official Public Records, Jefferson County, Texas and the same land conveyed to Pipefitters Local No. 195, recorded in Volume 1076, Page 559, Volume 1481, Page 292, and Volume 1998, Page 141, Deed Records, Jefferson County, Texas). Chris. Duque, City Manager, expl,ained this is the first of two (2) scheduled public. hearings in regard to the proposed annexation within the City's extraterritorial jurisdiction along Highway 69. He advised affected property owners, utility providers, and the school district have been notified of the public hearings as required by state law and no action would be necessary tonight. Mayor Nugent asked if there were any members of the audience who wished to speak in favor of the proposed annexation to which there was no response. He then asked if there was anyone in the audience who wished to speak against the proposed annexation. Terry Metreyeon, 7064 Patillo Road, Beaumont, spoke in opposition to the annexation. Mr. Metreyeon owns County Home and Garden and Diamond M. Cattle and Exotics. Mr. Metreyeon questioned the feasibility of the annexation and explained the cost of utility extension would not see a profit for approximately 25 years. He added his business is not doing very well due to the location with the exits off the freeway and people having to make the long feeder road drive in order to make the U-turn back to his business. He went on to say the Pipefitters Local is a non-profit which would not pay taxes, and the cemetery is exempt from paying taxes. He stated he spoke with the Jefferson County Appraisal District to see what his estimated city taxes would be and they told him approximately $9,250.00 on land and 3% of person property Inventory. He said it didn't make sense to make a big investment on a business which may or may not survive. Minutes Continued, lune 23, 2014 There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was convened at '4: S4 p.m. by Mayor Nugent. c. The regular meeting was recessed and a Public Hearing was called to order at 4: SS p.m. by Mayor Nugent for the purpose of receiving comments regarding the rehabilitatio.n o.r co.ndemnati.o.n and demo.litio.n o.f abando.ned and/o.r dilapidated structures at the following addresses: i. 129 Hilldale Drive being Lot S, Block 2 of Hillcrest Terrace Addition -Chris Duque, City Manager, reported this property is a residential structure and the City's Construction Board of Adjustments and Appeals has determined that the structure/structures are a danger to the µublic's. health and safety and considered to be substandard and unfit for human habitation. George Wheeler, Building Official and the Construction Board have recommended to the City Council a motion be put forth stating within 4S days of said hearing, the structure or structures, described as 129 Hilldale Drive, Lot S, Block 2 of Hill Terrance Addition, be demolished and the lot cleared of all debris, or within the same 4S days of said hearing, be required of the property owner/owners or any lien or mortgage holder to submit to the City a copy of written appeal of said motion filed in an appropriate Court of Record and if not in compliance with said motion, the City will have the work performed and a lien shall be filed on said property for all fees incurred by the City. ii. 3324 Hwy 36S being CNTR PT. of Lot 34, Block 6 Tr. 10 of Hillcrest 2nd acres -Mr. Duque reported the City's Construction Board of Adjustments and Appeals have determined the structure to be a danger to the public's health and safety and considered to be substandard and unfit for human habitation. The Construction Board and George Wheeler, Building Official, have recommended to the City Council a motion be put forth stating should the proposed buyer of the property, Raising Canes Organization, fail to complete the purchase of the property; the current owner, shall be required to demolish and clear the lot of all structures within 90 days of the cancellation date. Should the proposed buyer complete the purchase but fail to demolish t.he strlJ.c;tlJ.res w1.t.t1J.n 90 d.c;l.Y$ of the c;l.O$i.ng datei the Ci.ty will have the work performed and a lien shall be filed on said property for all fees incurred by the City. iii. 1140 Jackson Avenue being Lot 9, Block 3 of Humphrey Heights #1 -Mr. Duque reported this property is a residential structure and the City's Construction Board of Adjustments and Appeals have determined the structure/structures are a danger to public's health and considered to be substandard and unfit for human habilitation. The Construction Board and George Wheeler, Building Official, have recommended to the City Council a motion be put forth stating within 4S days of said hearing, the structure or structures, described as 1140 Jackson Avenue, being Lot 9, Block 3 of Humphrey Heights #1, be demo.lished and the lo.t cleared o.f all debris, or within the same 4S days of said hearing, be required of the property owner/owners or any lien or mortgage holder to submit to the City a copy of written appeal of said motion filed in an appropriate Court of Record and if not in compliance with said motion, the City will have the work performed and a lien shall be filed on said property for all fees incurred by the City. Minutes Continued, lune 23, 2014 iv. 2503 Avenue A & 212 S. 25th Street being Lot 1, Block 4, Hillcrest ist Addition -Mr. Duque reported this property is a residential structure and the City's Construction Board of Appeals have determined the structure/structures are a danger to the public health and safety and considered to be substandard and unfit for human habilitation. George Wheeler, Building Official, and the Construction Appeals Board have recommended a motion to the City Council be put forth stating within 45 days of said hearing, the structure or structures, described as 2503 Avenue A and 212 S. 25th Street, being Lot 1, Block 4, Hillcrest ist Addition, be demolished and the lot cleared of all debris, or within the same 45 days of said hearing, it shall be required of the property owner/owners or any lien or mortgage holder to submit to the City a copy of a written appeal of said motion filed In an appropriate Court of Record and if not in compliance with said motion, the City will have the work performed and a lien shall be filed on said property for all fees incurred by the City. v. 216 Atlanta Avenue being Lat 16, Block 7 of Staffen Addition -Mr. Duque reported this is a residential structure and the City's Construction Board of Adjustments and Appeals has determined the structure/structures are a danger to the public's health and safety and considered to be substandard and unfit for human habilitation. George Wheeler, Building Official, and the Construction Board have recommended to the City Council a motion be put forth stating within 90 days of said hearing, the structure or structures, described as 216 Atlanta Avenue, being Lot 16, Block 7 of Staffen Addition, be sold and the new owner will have 90 days from date of closing to secure all proper permits and complete or be substantially completed within 90 days. Ray Short, 236 Atlanta, advised he is in the process of purchasing the structure located at 216 Atlanta and plans to make necessary repairs. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was convened at 5:10 p.m. by Mayor Nugent. d. Consider action regarding the rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following address: i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to demolish 129 Hilldale withifl 45 days of hearing or the City will have work performed and file a lien on the property. 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 demolish 3324 Hwy 365 within 90 days of the closing date of the sale. ShoY.lo. the. propose.ct owner of the. propert;y fall to c,;omplete. the purc,;ha.se, the current owner, shall be required to demolish and clear the lot of all structure within 90 days of the cancellation date. If the proposed buyer completes the purchase but fails to demolish the structure within 90 days of the closing date, the City will have the work performed and file a lien on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Belaire. Noes: None. Minutes Continued, June 23, 2014 iii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to demolish 1140 Jackson within 45 days of hearing or the City will have work performed and file a lien on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Belaire. Noes: None. iv. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to demolish 2503 Avenue A & 212 s. 25th Street within 45 days of hearing or the City will have work performed and file a lien on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. None: None. v. A motion was made by Councilmember Austin and seconded by Councilmember Neal to complete the sale of 216 Atlanta Avenue within 90 days of hearing and an additional 90 days to complete rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Co.uncilmembers. Austin, Neal, Albanese, and Belaire. None: None. e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2014-12 amending the FY 2013-2014 budget. MOTION CARRIED. Ayes: Mayor Nugent,. Councilmembers Austin, Neal, Albanes.e, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to amend Ordinance No. 164, setting regular dates for Nederland City Council meeting to be held in the month of July 2014. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve an Interlocal Agreement with the North Central Texas Council of Governments to utilize actuarial services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Austin and seconded by Cou ncilmember Neal to engage Gabriel, Roeder, Smith & Company for Governmental Accounting Standards Board Statement 45 actuarial services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. I. A motion was made by Councllmember Neal and seconded by Councilmember Austin to engage the RWL Group for consultant services relating to the bid for wlndstorm i.nsura.nce, MQTlON CARRl~t>. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, June 23, 2014 j. Bids: i. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to award a bid for Smoke Testing In Area 3 to Interra Hydro. 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 award a bid for concrete street raising services to Concrete Raising Corporation of Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:32 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Discuss. Personnel Appointments: City Clerk, Directo.r of Flnance, Po.lice Chief, and City Attorney. 6. RECONVENE The regular meeting was reconvened at 6:21 p.m, by Mayor Nugent. 7. APPOINTMENTS A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to authorize the following appointments: Gay Ferguson, City Clerk; Cheryl Dowden, Director of Finance; Darrell Bush, Police Chief; and Jess.e Branick, City Attorney. The City Attorney's compensation shall be adjusted from $3,750 per month to $4,000 per month. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 8. COMMUNICATION City Manager's Report: a. Construction Project Update given by Steve Hamilton: • The traffic signal and generator installation projects funded by GLO are nearing completion. The sewer collection line. rehabilitation project is. progressing nicely. • Met with TxDOT representatives for rebuilding Twin City Highway from Avenue B to Luling. They need to acquire ROW toward the railroad side and they do not have an agreement with KCS yet. Project includes ROW acquisition, construction, and utility relocation. This project is on their schedule for 2018. b. City offices closed for 4 th of July c. 4th of July Fireworks Extravaganza Minutes Continued, June 23, 2014 9. ADJOURN There being no further business a motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Belaire to adjourn the meeting at 6:32 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal , Albanese, and Belaire. Noes: None. ATTEST: ~t2(101~ Gay Fergus,Oty Cle'fk City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. July 14, 2014 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. 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 Tern Albanese and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a-c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -June 23, 2014 regular meeting b. Tax Assessor Collection Report -June 2014 c. Payments: • June 2014 monthly bills • Carroll & Blackman, Inc. -$2,361.67, Phase II MS4 Permit Implementation • A & A Electric Company of Beaumont, Inc. -$20,903.90, Hurricane Ike Round 2.2 Wastewater Treatment System Generators project · • d.p. Consulting Engineers, Inc. -$2,500.00, J.M. Staffen Addition Waterline Improvements project 4. REGULAR AGENDA a. The regular meeting was recessed and a Public Hearing was called to order at 4:32 p.m. by Mayor Nugent for the purpose of discussing and receiving comments regarding the annexation of property in the City's extraterritorial jurisdiction (being 54.25 acres of land, part 1 of Lot 6 and all Lots 7 and 8, Block 10, Range "I" and part of Lots 1 and 2, Block 20, Range "I'~ Port Arthur Land Company Subdivision recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being the same land conveyed to Diamond M Cattle and Exotics, LP, recorded in File No. 2011009931 and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennis Group, Inc., recorded in File No. 2006033732, Official Public Records, Jefferson County, Texas and the same land conveyed to Pipefitters Local No. 195, recorded in Volume 1076, Page 559, Volume Minutes Continued, July 14, 2014 1481, Page 292, and Volume 1998, Page 141, Deed Records, Jefferson County, Texas). Chris Duque, City Manager, explained this is the final and second public hearing in regard to the proposed annexation within the City's extraterritorial jurisdiction along Highway 69. He advised affected property owners, utility providers, and the school district have been notified of the public hearings as required by state law and no action would be necessary tonight. Terry Metreyeon, 7064 Patillo Road, Beaumont, spoke in opposition to the annexation. Mr. Metreyeon owns County Home and Garden and Diamond M. Cattle and Exotics. Mr. Metreyeon stated everyone is struggling and he didn't see where this would pay off for the city. He said annexation would always be an option if something develops in the future. Bert Rogers, 1011 Louise, spoke in favor of the annexation. He said everyone thinks of Nederland as landlocked and this is an area of-growth. Mr. Rogers added the City of Nederland needs to grow and this is a good opportunity which is necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was convened at 4:41 p.m. by Mayor Nugent. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the final plat for Corkran Place. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve an Election Services Agreement with Jefferson County for the May 2015 General and Special Elections. 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 Tern Albanese to approve a two-year extension with DRC Emergency Services, LLC for debris removal services. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to amend Ordinance No. 2001-19, amending fees for non-consent towing. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5 . EXECUTIVE SESSION The regular meeting was recessed at 4:50 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. Minutes Continued, July 14, 2014 6. RECONVENE The regular meeting was reconvened at 5:08 p.m. by Mayor Nugent. b. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2014-13 annexing property in the City's extraterritorial jurisdiction (being 54.25 acres of land, part 1 of Lot 6 and all Lots 7 and 8, Block 10, Range "!"and part of Lots 1 and 2, Block 20, Range "I'~ Port Arthur Land Company Subdivision recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being the same land conveyed to Diamond M Cattle and Exotics, LP, recorded in File No. 2011009931 and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennis Group, Inc., recorded in File No. 2006033732, Official Public Records, Jefferson County, Texas and the same land conveyed to Pipefitters Local No. 195, recorded in Volume 1076, Page 559, Volume 1481, Page 292, and Volume 1998, Page 141, Deed Records, Jefferson County, Texas). MOTION CARRIED. Ayes: Councilmembers Austin, Neal, Albanese, and Belaire. Noes: Mayor Nugent. 7. COMMUNICATION City Manager's Report: a. Second July City Council meeting will be July 21st at 4:30 p.m. b. Budget Workshop will be July 15th at 8:30 a.m. 8. ADJOURN There being no further business a motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Belaire to adjourn the meeting at 5:12 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ATTEST: ~;J:-~ueJ7/h.-Gay Fergu~ty c1efi< City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING A TIEN DANCE 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 Ill v Craig Belaire Council Member -Ward IV v Chris Duque City Manager \/ Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance v Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works ·v ~ George Wheeler Building Official v Victoria Klehn Librarian v Holly Guidry Human Resources Director v Joni Underwood Executive Secretary 0 Angela Fanette Parks Director v July 14. 2014 Date TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Terry Wuenschel, 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 $96,694.90, represents all taxes collected for CITY OF NEDERLAND during the month of June 2014. JEFFERSON COUNTY COURTHOUSE• P.O. BOX 2112 •BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 CITY OF NEDERLAND AMENDING ORDINANCE NO. 2001 -19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING CHAPTER 22, ARTICLE V, SECTION 22.134(A)(1) OF THE CODE OF ORDINANCES REGULATING THE OPERATION OF TOW TRUCKS AND TOW TRUCK COMPANIES IN THE CITY OF NEDERLAND, TEXAS AND PROVIDING MAXIMUM CHARGES FOR NONCONSENT ROTATION TOW TRUCK SERVICE; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: SECTION I: Section 22.134.(a)(l). Maximum fees established for nonconsent rotation tow truck service of Ordinance No. 2001-19 adopted on November 12, 2001 is amended with the following language: Sec. 22-134. Maximum fees established for nonconsent rotation tow truck service. (a) Fees charged by tow truck companies for nonconsent rotation tows or related tow truck service shall not exceed the following: (1) To remove any vehicle from any public or private property to any storage area or destination within the city by a standard tow truck, a basic fee may be charged not to exceed the following: a. Daytime (6:00 a.m. to 6:00 p.m.) .................................. $150.00 b. Nighttime (6:00 p.m. to 6:00 a.m.) ............................... $175.00 c. Disconnect driveshaft ..................................................... $ 20.00 · d. Damage requiring use of dolly or flatbed tow truck ... $ 25.00 e. Winch out: 1. Basic ........................................................................... $ 25.00 2. Difficult ...................................................................... $ 25.00 f. Water recovery (completely submerged) ................... $150.00 g. Extra tow truck, if required ........................................... $ 35.00 SECTION II: REPEALING CLAUSE: All ordinances or parts of ordinances inconsistent with the terms of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to t he extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this Ordinance. SECTION Ill: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. SECTION IV: EFFECTIVE DATE AND PUBLICATION This ordinance shall take effect from and after its passage by the City Council of the City of Nederland, Texas and publication. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 14TH day of JULY, A.O., 2014. R. A. Nugent, yor Ci::: :Texas ATIEST: ru.lp'1,1~,(AffY\-, G!i;Fefgus ~my clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' CITY OF NEDERLAND ORDINANCE NO. 2014-13 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY LIMITS, AND GRANTING TO All THE INHABITANTS OF SAID PROPERTY All THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY All OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY; AND ADOPTING A SERVICE PLAN. WHEREAS, Chapter 43, Subchapter C, of the Texas Local Government Code and Section 1.04 of the Home Rule Charter of the City of Nederland, Texas, an incorporated city, authorizes the annexation of territory, subject to the laws of this state. WHEREAS, the procedures prescribed by the Texas Local Government Code and the Home Rule Charter of the City of Nederland, Texas, and the laws of this state have been duly followed with respect to the following described territory, to wit: BEING 54.25 acres of land, part of Lot 6 and all of Lots 7 and 8, Block 19, Range "I", and part of Lots 1 and 2, Block 20, Range "I", Port Arthur Land Company Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being the same land conveyed to Diamond M Cattle and Exotics, LP, recorded in File No. 2011009931 and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennls Group, Inc., recorded In File No. 2006033732, Official Public Records, Jefferson County Texas and the same land conveyed to Pipefitters Local No.195, recorded in Volume 1076, Page 559, Volume 1481, Page 292, and Volume 1998, Page 141, Deed Records, Jefferson County, Texas; said 54.25 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a W' steel rod, capped and marked "SOUTEX", found for a common corner of Lots 4 and 5, Block 19, Range "H", and Lots 1 and 8, Block 19, Range "I'', Port. Arthur Land Company Subdivision; said W' steel rod being the Southeast corner of said Diamond M Cattle and Exotics, LP (File No. 2011038073} tract and the Southeast corner of the herein described tract; having a State Plane Coordinate of N: 13937358.58, E: 3544012.38; (1) THENCE, South 36 deg., 39 min., 02 sec., West (Called South 41 deg., 13 min., 00 sec., West}, on the common line of Blocks 18 and 19, a distance of 45.00' passing the Northeast corner of Twin Lake Estates, recorded in Volume 15, Page 31, Map Records, Jefferson County, Texas; co·nt:inuing for a total distance of 1814.95' (Called 1815.13'} to a W' steel rod found for the Northwest corner of said Twin Lake Estates on the Northeasterly right of way line of a dedicated road named US Highway 69, 96, 287; said W steel rod being the Southwest corner of the herein described tract; having a State Plane Coordinate of N: 13935902.46, E: 3542928.98; (2) THENCE, North 31 deg., 23 min., 39 sec., West (Called North 26 deg., 50 min., 16 sec., West), on the Northeasterly right of way line of said US Highway 69, 96, 287, a distance of 566.66' (Called 566.61') to a point for corner; (3) THENCE, North 29 deg., 38 min., 15 sec., West (Called North 25 deg., 03 min., 31 sec., West), continuing on the Northeasterly right of way line of said US Highway 69, 96, 287, a distance of 845.62' (Called 845.87') to a lW steel pipe found for corner; (4) THENCE, North 28 deg., 33 min., 32 sec., West (Called North 23 deg., 27 min., 30 sec., West, continuing on the Northeasterly right of way line of said US Highway 69, 96, 287, a distance of 343.92' to a point for corner being the Northwest corner of Pipefitters Local 195 (Volume 1076, Page 559) tract; said point for corner being the Southwest corner of Tract I of five tracts of land of a plat of Lovie L Becker Heirs, recorded in Volume 15, Page 141, Map Records, Jefferson County, Texas; said point for corner being the Northwest corner of the herein described tract; (S) THENCE, North 36 deg., 39 min., 02 sec., East {Called North 41deg.,13 min., 00 sec., East), on the North line of said Pipefitters Local No. 195 tracts, same being the South line of Tract I and Tract V of said plat of Lovie L Becker Heirs, a distance of 1058.80' to a point for corner on the West line of a 60' wide Jefferson County Drainage District No. 7 right of way; said point for comer being the Southeast corner of said Tract V and being the Northeast corner of the herein described tract; (6) THENCE, South 53 deg., 21 min., 01 sec., East, on the West line of said Jefferson County Drainage District No. 7 right of way, a distance of 272.10' to a point for corner being the Southwest comer of a (called 2.02) acre tract of land recorded as Tract II in said Plpefltters Local No. 195 {Volume 1998, Page 141) tract and an Interior corner of the herein described tract; (7) THENCE, North 36 deg., 38 min., 54 sec., East, a distance of 60.00' to a point for corner on the South line of the (Called 2.02) acre tract of land conveyed to Pipefitters Local No. 195, recorded In Volume 1998, Page 141, Deed Records, Jefferson County, Texas; (8) THENCE, South 53 deg., 21 min., 01 sec., East (called South 48 deg., 47 min., 00 sec., East), a distance of 20.00' passing a X" steel rod, capped and marked "SOUTEX", found for the Northeast corner of said Diamond M Cattle and Exotics, LP (File No. 2011038073) tract, same being a common corner of Lot 1, Block 20, and Lot 8, Block 19; continuing for a total distance of 1339.93' {Called 1340.00') to the POINT OF BEGINNING and containing 54.25 acres of land, more or less. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: 1. The heretofore described property is hereby annexed to the City of Nederland, Jefferson County, Texas, and that the boundary limits of the City of Nederland be and the same are hereby extended to include the above described territory within the city limits of the City of Nederland, and the same shall hereafter be included within the territorial limits of said city, and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens of the City of Nederland and they shall be bound by the acts, ordinances, resolutions, and regulations of said City. 2. A service plan for the area is hereby adopted and attached as Exhibit "A". The City Clerk If hereby directed to file with the County Clerk of Jefferson County, Texas a certified copy of this ordinance. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the ---=1:...:4_™_dayof JULY , 2014. City of Nederland, Texas ATTEST: APPROVED AS TO FORM AND LEGALITY: Notes: Bearings, di.stances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South-Central Zone, NAO 83. Scale Factor= 0.999926415, Convergence Angle = 02 deg., 26 min., 19 sec. Reference Monument = NGS AJ8221. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on May 6, 2014. , .. ,. I. INTRODUCTION Exhibit A CITY OF NEDERLAND ANNEXATION SERVICE PLAN This Service Plan ("Plan") is made by the City of Nederland, Texas ("City'') pursuant to Chapter 43 of the Local Government Code ("the Act"). This Plan relates to the annexation by the City of approximately 54.25 acres of land ("Tract") located in Jefferson County, Texas, generally North of the City and adjoining the existing City boundaries. The Tract is described by the metes and bounds in.Exhibit A and by the map in Exhibit B, which are included as a portion of iliis Plan. II. TERM: EFFECTIVE DATE This Plan will be in effect for a term often (10) years coiilmencing upon the effective date of the annexation of the Tract Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, which refers to this Plan and specifically renews this Plan for a stated period of time. Ill. SERVICE PROGRAMS A. In General: This Plan includes two (2) service programs-the Early Action Program, described below, and the Capital Improvement program, described below. B. Scope and Quality of Services: Services under this Plan will equal or exceed the number of services, and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City, including the Tract, where differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. C. Definitions 1. As used in this Plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other areas of the City. This may include causing or allowing private utilities, governmental entities, and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be CITY OF NEDERLAND Annexation Plan Page 12 made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program 1. Statutory Services: The statutory services will be provided within the Tract within the period required by State law. Service will be provided in accordance with the following schedule: a. Police Protection: within ten (10) days of the effective date of the annexation; b. Fire Protection: within ten (10) days of the effective date of the annexation; c. Dispatching services: within forty-five (45) days of the effective date of the annexation; d. Solid Waste Collection: within sixty (60) days of the effective date of the annexation; e. Inspections: within ten (10) days of the effective date of the annexation; f. Planning: within ten (10) days of the effective date of the annexation; g. Code Enforcement: within ten (10) days of the effective date of the annexation; h. Roads, Streets, and Drainage: within sixty (60) days of the effective date of the annexation; i. Street Lighting: within sixty (60) days of the effective date of the annexation. A developer of a tract will be, however, responsible for the installation of street lights in accordance with City policies; J· Parks and Recreation: within ten (10) days of the effective date of the annexation; k. Library Facilities: within ten (10) days of the effective date of the annexation; I. Maintenance of Water Facilities: within two (2) years of the effective date of the annexation; m. Maintenance of Wastewater Facilities: within two (2) years of the effective date of the annexation; n. Other City Services: within sixty (60) days of the effective date of the annexation. CITY OF NEDERLAND Annexation Plan Page 13 2. The statutory services are individually identified as follows: a. Police Protection: the Nederland Police Department will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, in handling of complaints and incident reports, and, as appropriate, support by special units of the Department, including animal control services. b. Fire Protection: the Nederland Fire Department and the Nederland Volunteer Fire Department, Inc. will provide fire protection and fire prevention activities within the Tract. c. Dispatching Services: Mid County Central Dispatch will provide dispatching services to the Tract. d. Solid Waste Collection: the City will provide residential garbage and trash service to eligible property owners. To be eligible for this service, property must have frontage on a public street and garbage must be placed in City-provided containers. Residential garbage and trash collection service shall be provided in accordance with applicable City ordinance, policies, and/or procedures currently in effect or as subsequently amended. Commercial and industrial service will be provided by private contractors. e. Inspections: Building/construction services, including enforcement of building code requirements, plan review, and on-site Inspections, will be provided by the City to the Tract. f. Planning: Planning/zoning services will be provided by the City to the Tract. The proposed zoning designations for this area are indicated in Exhibit C. g. Code Enforcement: Code enforcement personnel will enforce the City's housing code and ordinances regarding junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. h. Maintenance of Roads, Streets, and Drainage: the Department of Public Works will provide maintenance of roads, streets, traffic control devices, and drainage facilities not maintained by the Texas Department of Transportation. Maintenance will be provided to those right-of-ways that have previously been dedicated and accepted as public facilities, accepted for maintenance by Jefferson County, and that have actually been utilized for public purposes. i. Street Lighting: Street lighting will be made available in accordance with City policy. J. Parks and Recreation: Since there are no such public facilities within the Tract, any future maintenance of parks, playground, and recreation facilities will result CITY OF NED E RLAND Annexation Plan Page 14 from the acquisition and development of such facilities by the City. Persons residing in the Tract shall have the same access to City facilities as is currently afforded to Nederland residents. k. Library Facilities: Library services will be provided from existing and future facilities. Residents of the Tract will be eligible for borrowing privileges, as specified by the City's policies, as is currently afforded to Nederland residents. I. Maintenance of Water Facilities: Water services will be available subject to applicable City ordinances, policies, and/or procedures currently in effect or as subsequently amended, and applicable Certificate of Convenience and Necessity regulations. Water rates will be the same as that which is applied throughout the City if water services is provided to this Tract directly from the City. m. Maintenance of Wastewater Facilities: Wastewater service will be available subject to applicable City ordinances, policies, and/or procedures currently in effect or as subsequently amended. Wastewater rates will be the same as that which is applied throughout the City. For those properties that do not currently have wastewater service, this service will be available subject to City policy. n. Other City Services: Other City services, to the extent applicable to persons or properties within the Tract, will be provided in accordance with standard City policies and procedures. E. Capital hnprovement Program Construction of capital improvements shall be considered by the City in the future, as the needs dictate, on the same basis as such capital improvements are considered throughout the City. 1. Police Protection: additional capital improvements are not necessary at this time nor anticipated in the future. 2. Fire Protection: the long-term provision of service to the Tract may require capital improvements, such as new, revised, or expanded fire fighting facilities. 3. Dispatching Services: additional capital improvements are not necessary at this time nor anticipated in the future. 4. Solid Waste Collection: additional capital improvements are not necessary at this time nor anticipated in the future. It may, however, be necessary to acquire another trash truck at some time in the future. 5. Inspections: additional capital improvements are not necessary at this time nor anticipated in the future. CITY OF NEDERLAND Annexation Plan Page 15 6. Planning: additional capital improvements are not necessary at this time nor anticipated in the future. 7. Code Enforcement: additional capital improvements are not necessary at this time nor anticipated in the future. 8. Maintenance of Roads, Streets, and Drainage: additional roads, streets, drainage, and/or related facilities are not necessary to serve the Tract at this time. 9. Street Lighting: beyond street lighting made available in the Early Action Program of this Plan, additional capital improvements are not necessary at this time. Any additional facilities will be in accordance with City policies. I 0. Parks and Recreation: additional capital improvements are not necessary at this time nor anticipated in the future. The Tract will be included with other territory in connection with planning for new facilities. 11. Library Facilities: additional capital improvements are not necessary at this time nor anticipated in ~e future. 12. Maintenance of Water Facilities: any necessary construction will be initiated in accordance with existing City policies and procedures. 13. Maintenance of Wastewater Facilities: any necessary construction will be initiated in accordance with existing City policies and procedures. 14. Other City Services: in general, other City functions and services, and the additional services described above, can be provided to the Tract utilizing existing capital improvements. Additional capital improvements are not necessary to provide other City services, however, the Tract will be included in other territory in connection with planning for new, revised, and/or expanded services. IV. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this Plan shall require the City to provide a uniform level of service to each area of the City, including the annexed area, if differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. V. AMENDMENT This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. CITY OF NEDERLAND An n exation Plan Page (6 VI. FORCE MAJEURE Should a force majeure interrupt the service described herein, the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the purpose of this Plan, will include, but not be limited to, acts of God, acts of public enemy, war, blockades, tornadoes, hurricanes, arrests and restraints of government, explosions, and other inability of the City, whether similar to those enumerates or otherwise, which is not within the control of the City. VII. ENTIRE PLAN This document contains the entire and integrated Service Plan relating to the Tract and supersedes all other negotiations, representatives, plans, and agreements, whether written or oral. 54.25 ACRES OF LAND FOR ANNEXATION PURfOSES OUT OF BLOCKS 19 AND 20, RANGE "I", PORT ARTHUR LAND COMP ANY SUBDIVISION, JEFFERSON COUNTY, TEXAS BEING 54.25 acres of land, part of Lot 6 and all of Lots 7 and 8, Block 19, Range "f ', and part of Lots 1 and 2, Block 20, Range "I", Port Arthur Land Company Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being the same land conveyed to Diamond M Cattle and Exotics, LP, recorded in File No. 2011009931 and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennis Group, Inc., recorded in File No. 2006033732, Official Public Records, Jefferson County Texas and the same land conveyed to Pipefitters Local No. 195, recorded in Volume 1076, Page 559, Volume 1481, Page 292, and Volume 1998, Page 141, Deed Records, Jefferson County, Texas; said 54.25 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a W' steel rod, capped and marked "SOUTE)C', found for a common comer of Lots 4 and 5, Block 19, Range "ff', and Lots 1 and 8, Block 19, Range "P', Port Arthur Land Company Subdivision; said W' steel rod being the Southeast comer of said Diamond M Cattle and Exotics, LP (File No. 2011038073) tract and the Southeast comer of the herein described tract; having a State Plane Coordinate of N: 13937358.58, E: 3544012.38; THENCE, South 36 deg., 39 min., 02 sec., West (Called South 41deg.,13 min., 00 sec., West), on the common line of Blocks 18 and 19, a distance of 45.00' passing the Northeast comer of Twin Lake Estates, recorded in Volume 15, Page 31, Map Records, Jefferson County, Texas; continuing for a total distance of 1814.95' (Called 1815.13') to a Y2" steel rod found for the Northwest comer of said Twin Lake Estates on the Northeasterly right of way line of a dedicated road named US Highway 69, 96, 287; said W' steel rod being the Southwest comer of the herein described tract; having a State Plane Coordinate ofN: 13935902.46, E: 3542928.98; THENCE, North 31deg.,23 min., 39 sec., West (Called North 26 deg., 50 min., 16 sec., West), on the Northeasterly right of way line of said US Highway 69, 96, 287, a distance of 566.66' (Called 566.61 ') to a point for comer; THENCE, North 29 deg., 38 min., 15 sec., West (Called North 25 deg., 03 min., 31 sec., West), continuing on the Northeasterly right of way line of said US Highway 69, 96, 287, a distance of 845.62' (Called 845.87') to a 1 W' steel pipe found for comer; THENCE, North 28 deg., 33 min., 32 sec., West (Called North 23 deg., 27 min., 30 sec., West, continuing on the Northeasterly right of way line of said US Highway 69, 96, 287, a distance of343.92' to a point for comer being the Northwest comer of Pipefitters Local 195 (Volume 1076, Page 559) tract; said point for comer being the Southwest comer of -Tract I of five tracts of land of a plat of Lovie L. Becker Heirs, recorded in Volume 15, Page 141, Map Records, Jefferson County, Texas; said point for comer being the Northwest comer of the herein described tract; THENCE, North 36 deg., 39 min., 02 sec., East (Called North 41 deg., 13 min., 00 sec., East), on the North line of said Pipefitters Local No. 195 tracts, same being the South line of Tract I and Tract V of said plat of Lovie L. Becker Heirs, a distance of 1058.80' to a point for comer on the West line of a 60' wide Jefferson County Drainage District No. 7 right of way; said point for comer being the Southeast comer of said Tract V and being the Northeast comer of the herein described tract; THENCE, South 53 deg., 21 min., 01 sec., East, on the West line of said Jefferson County Drainage District No. 7 right of way, a distance of 272.10' to a point for comer being the Southwest comer of a (Called 2.02) acre tract of land recorded as Tract II in said Pipefitters Local No. 195 (Volume 1998, Page 141) tract and an interior comer of the herein described tract; · THENCE, North 36 deg., 38 min., 54 sec., East, a distance of 60.00' to a point for comer on the South line of the (Called 2.02) acre tract of land conveyed to Pipefitters Local No. 195, recorded in Volume 1998, Page 141, Deed Records, Jefferson County, Texas; THENCE, South 53 deg., 21 min., 01 sec., East (Called South 48 deg., 47 min., 00 sec., East), a distance of20.00' passing a~,, steel rod, capped and marked "SOUTEX'', found for the Northeast comer of said Diamond M Cattle and Exotics, LP (File No. 2011038073) tract, same being a common comer of Lot l, Block 20, and Lot 8, Block 19; continuing for a total distance of 1339.93' (Called 1340.00') to the POINT OF BEGINNING and containing 54.25 acres ofland, more or less. Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South-Central Zone, NAD 83. Scale Factor= 0.999926415, Convergence Angle= 02 deg., 26 min., 19 sec. Reference Monument = NGS AJ8221. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on May 6, 2014. · City of Nederland LS-14-0228 WORKSHOP OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 8:30 a.m. July 15, 2014 1. MEETING The workshop was called to order at 8:30 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. PROPOSED BUDGET Chris Duque, City Manager, stated that each department will present their accomplishments, goals, and future needs to the Council relative to budgeting. Following each presentation, Mr. Duque reviewed the proposed 2014-2015 budget for that department. The schedule was as follows: Human Resources Police Department Inspection Department Fire Department IT Department Library Parks Department Public Works Finance/Utility Billing City Manager/Other Funds 8:30 a.m. to 8:45 a.m. 8:45 a.m. to 9:10 a.m. 9: 10 a.m. to 9:40 a.m. 9:50 a.m. to 10:15 a.m. 10: 15 a.m. to 10:30 a.m. 10:30 a.m. to 10:45 a.m. 10:45 a.m. to 11:10 a.m. 11:25 a.m. to 12:15 p.m. 12:50 p.m. to 1:10 p.m. 1:10 a.m. to 2:57 p.m . A discussion was held after each department presentation. 3. ADJOURN There being no further discussion the Workshop was adjourned at 2:57 p.m. by Mayor R. A. Nugent. ATTEST: ~~<~,{L/ff)A___ ifer9Sol1; City cle City of Nederland, Texas CITY OF NEDERLAND BUDGET WORKSHOP A TIEN DANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor \/ Talmadge Austin Council Member -Ward I v Billy Neal Council Member -Ward II v Don Albanese . Council Member -Ward Ill v Craig Belaire Council Member -Ward IV v Chris Duque City Manager v Gay Ferguson City Clerk v Jesse Branick City Attorney Cheryl Dowden rd.'i"SD-/; JO Director of Finance Darrell Bush <:J: 45-0 1, / o Police Chief Gary Collins q:5o-10,-15 Fire Chief Steve Hamilton //; ~ -a · 1 S--Director of Public Works George Wheeler q; 10 -q: <f.f) Building Official Victoria Klehn /Oi30-10, l/-r-Librarian i ~30 -~: «£ Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela FanetteJO; vs-I/; 1 o Parks Director R. fiugent, or GrouiO.~~liW/1 ~ July 15, 2014 Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. July 21, 2014 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. 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 Tern Albanese and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a-c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. a. Minutes -July 14, 2014 regular meeting b. June 2014 Departmental Reports c. Payments: • Bruce's General Construction -$249,696.30, Homer E. Nagel Public Safety Complex project • laBiche Architectural Group, Inc. -$5,129.54, Homer E. Nagel Public Safety Complex project • LaBiche Architectural Group, Inc. -$2,757.49, Homer E. Nagel Public Safety Complex Roof project • Schaumburg & Polk, Inc. -$726.00, 2014 Asphalt Street Rehabilitation project 4. REGULAR AGENDA a. Appointments: I. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to reappoint Gene Shaw to the Firefighters' Civil Service Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. Minutes Continued, July 21, 2014 ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to reappoint Mitch Macon, Mike Spell, and Bill Wills to the Construction Board of Appeals. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. iii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to reappoint C. J. Schexneider, Jack Porter, Scott Watjus, and Mark Byers to the Planning & Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. iv. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to appoint Buzzy Mitchell to the Planning & Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. b. Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2013 Drinking Water Quality Report (Consumer Confidence Report). In accordance with EPA regulations all water suppliers are required to issue the CCR to all its customers on an annual basis. He added that the report shows that Nederland's water quality does not exceed maximum allowable levels for any contaminates. c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to declare surplus various equipment and vehicles from the Nederland Parks & Recreation Department and the Marion & Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:43 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. He announced the Executive Session was held for informational purposes only and no action is necessary. Minutes Continued, July 21, 2014 7. COMMUNICATION City Manager's Report: a. Construction Project Update, Steve Hamilton gave a brief report on current construction projects: • GLO funded Traffic Signal project is completed. Final paperwork is being submitted. • GLO funded generators are installed. Waiting on Texas Gas Service to extend service line on Canal lift station. • GLO funded sewer rehabilitation project is underway. Work is slower than expected and a progress meeting was held. Additional workers will be placed on this project. • Hotmix project on Canal and 14th Street will begin August 11th. • Public Safety Complex is nearing completion. Mr. Duque added the EDC did a great job on the mural to honor Nederland Police and Fire Departments. 8. ADJOURN There being no further business a motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Belaire to adjourn the meeting at 5:32 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. ATTEST: ~~£11~/h~ 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 v Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV v v' Chris Duque City Manager -v Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance v Darrell Bush Police Chief V; 1:-cv rl.J. tt_ (ff~ Fire Chief v """'"' y \.IU11111.,. Steve Hamilton Director of Public Works v George Wheeler Building Official v Victoria Klehn Librarian v Holly Guidry Human Resources Director v Joni Underwood Executive Secretary v Angela Fanette Parks Director V' July 21 ! 2014 Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 11, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 council member 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 3 a-d as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -July 21, 2014 regular meeting and July 15, 2014 workshop b. Consider action approving the submittal of a 2014/2015 grant to the Wi lton and Effie Mae Hebert Foundation. c. Consider action setting a Public Hearing date of August 25th at 4 :30 p.m. regarding the rezoning request for 2619 Avenue A from R-1 (Single-Family zoning classification) to C-2 (Neighborhood Retail Commercial zoning classification). d. Payments: • July 2014 monthly bills 4. REGULAR AGENDA a. Kay QeCuir accepted the proclamation for the Nederland Economic Oe'\lelopment Corporation. She reported the mural will be dedicated to the city, police department, fire department including volunteer fire department, and city hall on Thursday, August 14, 2014 at 9:00 a.m. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve a proclamation in regards to "Protecting and Saving Lives Since 1897" Day. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, August 11, 2014 b. Chris Duque, City Manager, reported the history with Waleed's Khan's property located at 2423 Nederland Avenue in regards to the condemnation order which began on April 23, 2013. He added Mr. Khan is unable to be at the meeting due to a family illness. George Wheeler, Building Official, stated Mr. Khan turned in notice in March and he is still negotiating liens which were placed on the property. Susan Thibodeaux, 3603 Jimmy Johnson, Port Arthur, Texas reported Mr. Khan is continually working toward getting the liens satisfied. Mayor Nugent asked Ms. Thibodeaux to submit the paper trail of records toward getting a release of the liens. Ms. Thibodeaux said she would email Mr. Khan as soon as she leaves the meeting and get the records. Councilmember Austin said Mr. Khan should at least take care of maintenance. Mr. Wheeler said eventually something will need to be done. Action on this item was postponed until after executive session. c. Appointments: i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to appoint Qavid Knight to the Construction Board of Appeals. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to reappoint Larry Ducharme, Craig Belaire, and Jim McNeil! to the Nederland Economic Qevelopment Corporation Board of Directors. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Abstain: Belaire. d. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to accept the Quarterly Investment Report from the Finance Department. 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 Tern Albanese to approve a renewal agreement with Tower Medical Center of Nederland for random employee drug/alcohol testing. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Austin and seconded by Councilmember Neal to postpone action regarding the Engineering Contract Agreement between the City of Nederland and d. p. Consulting Engineers, Inc. for the Community Development Block Grant project contract number 713349. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Minutes Continued, August 11, 2014 Noes: None. h. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve Change Order No. 2 -Hurricane Ike Round 2.2 Traffic Signal Lights 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 Councilmember Neal to approve final payment and release of retainage to Traf-Tex, Inc. - Hurricane Ike Round 2.2 Traffic Signal Lights project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. j. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve Ordinance No. 2014-15, amending the FY 2013-2014 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. k. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to authorize the solicitation of bids for the "Nederland Senior Citizen Center Repairs" project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. I. Fiscal Year 2014-2015 Budget: Chris Duque, City Manager, reported the current tax rate is $0.591853 per $100 assessed taxable value, which is the lowest tax rate among the mid and south- county cities. The effective tax rate has been calculated as $0.583736 and the rollback tax rate has been calculated as $0.615194. On Friday, July 25th Jefferson County Appraisal District submitted the assessed taxable value of $991,437 ,280 which is an Increase of 2.742% or $26,458,937. Mr. Duque recommended City Council consider maintaining the tax rate of $0.591853 per $100 assessed valuation, which is $0.008117 or 1.3905% greater than the effective tax rate. He explained that anemic sales tax revenue, flat interest income, minimal appraisal growth, and unsettled plans of Phillips 66 could affect the industrial tax revenue, reducing the tax rate to the effective tax rate cou ld have long-term financial consequences. No adjustments to the property tax revenue or industrial tax revenue line-items are necessary with this tax rate adjustment. Because the proposed tax rate ($0.591853) is greater than the effective tax rate, two public hearings are necessary. i. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve Resolution No. 2014-09, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2014 and ending September 30, 2015, and calling for a Public Hearing to be held on August 25, 2014 at 4:30 p.m. at the Nederland City Hall (207 N. 12th Street) for the purpose of discussing the proposed budget, as per Article VI of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, August 11, 2014 ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve the proposed tax rate for the fiscal year beginning October 1, 2014 and ending September 30, 2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to schedule a tax rate adoption dates: • Monday, August 25th at 4:30 p.m. at the Nederland City Hall (regular meeting) -1st Public Hearing • Friday, August 29th at 9:00 a.m. at the Nederland City Hall (special meeting) -2nd Public Hearing • Monday, September Sth at 4:30 p.m. at the Nederland City Hall (regular meeting) -Adopt the Tax Rate MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iv. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve the proposed tax rate and establish public hearing dates of Monday, August 25th at 4:30 p.m. and Friday, August 29th at 9:00 a.m. at Nederland City Hall. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The. regular meeting was recessed at 5:05 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 6: 24 p.m. by Mayor Nugent. b. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to postpone action and instruct Mr. Wheeler to discuss with Ms. Thibodeaux items which were discussed in Executive Session. MOTION PASSED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to table Ordinance No. 2014-14 repealing Ordinance No. 2014-13 that attempted to annex property in the City's extraterritorial jurisdiction (being 54.25 acres of land, part 1 of Lot 6 and all of Lots 7 and 8, Block 19, Range "!"and part of Lats 1 and 2,. Black 20, Range "I'~ Part Arthur Land Campany Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas: being the same land conveyed to Diamond M. Cattle and Exotics, LP, recorded in File No. 2011009931and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennis Group, Inc., recorded in File No. Minutes Continued, August 11, 2014 2006033732, Official Public Records, Jefferson County, Texas -and the same land conveyed to Pipefitters Local 195, recorded in Volume 1076, Page 559, Volume 1481, Page 292, and Volume 1998, Page 141, Deed Records, Jefferson County, Texas). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 7. COMMUNICATION City Manager's Report: a. Construction Project Update, Steve Hamilton gave a brief report on current construction projects: • Sewer Collection Line Rehabilitation is progressing and with the second work crew beginning to catch up to the engineer's timellne. • LD Construction began milling on Canal and those millings are being taken to Nederland Little League Ballpark site. • A walk-through on the Homer E. Nagel Public Safety Complex is scheduled for Thursday. An update will be provided by Dohn LaBiche at next Council meeting. b. Chamber Coffee -August 12, 2014@ 8:00 a.m. at City Hall. 8. 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 6:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ATTEST: ~~Ltfh. 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 / Billy Neal Council Member -Ward II v Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV v Chris Duque City Manager v Gay Ferguson City Clerk v Jesse Branick City Attorney V' v Cheryl Dowden Director of Finance Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works v George Wheeler Building Official v Victoria Klehn Librarian v / Holly Guidry Human Resources Director v / Joni Underwood Executive Secretary v/ Angela Fanette Parks Director v R. A. Nugen, or Gatil.~Ca1Uih--: August 11 . 2014 Date ORDINANCE NO. 2014-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2013- 2014 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2013-16, which adopted the Fiscal Year 2013-2014 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 2013-2014 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2014 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2013 and ending September 30, 2014, 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 2013-2014 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 11th DAY OF AUGUST, 2014. ATTEST: ~(~~ ~11.A1fh- (;Tvfergus ~City Clerk APPROVED AS TO FORM AND LEGALITY: FISCAL YEAR: DATE: DEPARTMENT: FUND: ACCOUNT NO. 01-0000-4 720 01-9000-6907 31-0000-4901 31-0000-6720 CITY OF NEDERLAND BUDGETAMENDMENTREQUEST 2013-2014 August 11, 2014 General Fund (01) Capital Outlay (31) AMOUNT CURRENT INCREASE ACCOUNT TITLE BUDGET (DECREASE) Sale of Land 467,596.00 210,780.00 Transfer to Capital Outlay 467,596.00 210,780.00 Transfers In 382,596.00 295,780.00 Buildings, Fixtures & Grounds -65,000.00 TOTAL JUSTIFICATION PROPOSED BUDGET 678,376.00 678,376.00 678,376.00 65,000.00 Revenue is received from the sale ofa pipeline easement to Shell Pipeline. Council approved sale at price of$1200 per rod on April 14, 2014. Funds are transferred out to the Capital Outlay Fund for future projects, including the mapping/work order system improvements in the Public Works Department, which will commence next March. In addition, $65,000 is allocated for the necessary repairs/improvements at the Senior Citizen Center. Dept. Head Signature_: __________________ _ Date: ------- Finance Director: Date: ------- Date Approved: Date Posted: ------- Page ____ of ___ _ CITY OF NEDERLAND RESOLUTION 2014-09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the fiscal year beginning October 1, 2014 and ending September 30, 2015; and WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed or amended form; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the fiscal year 2014-2015, budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland, is hereby accepted and a Public Hearing is hereby set for 4:30 p.m., August 25, 2014 at the Nederland City Hall, 207 N. 121h St., Nederland, Texas, to approve this budget in the proposed or amended form in accordance with Article VI I of the City Charter. PASSED AND APPROVED this the 11th day of August, 2014. ATTEST: ~~~tVi ~ lt21fV\== efaYFergon, City Cle City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: gent, Mayor City of Ne erland, Texas R.A. •Dick" Nugent, Mayor Don Albanese, Mayor Pro Tem Talmadge Austin, Coundlmember • f d l Billy Neal, Councilmember C1.ty 0 Ne er and CraigJ.Belaire,Councilmember Christopher Duque, Oty Manager P.O. Box 967 ·Nederland, Texas n627 · (409) 723-1503 ·FAX (409) 723-1550 Investment Report For the Quarter Ending June 30, 2014 This report has been prepared in accordance with the Public Funds Investment Act (Section 2256.023, Government Code), which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. ·tted by the Investment Officers of the City ofNederland "Programmed for Progress'" City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending June 30, 2014 Investments at Beginning of Period ( 4-1-14) Purchases Maturities Investments at End of Period (6-30-14) Maturity Summary at June 30, 2014 $ 6,031,065.17 431.87 0.00 $ 6,031,497.04 •Less than 3 months m 3 to 9 months a9 to 12 months a Greater than 12 months General Fund Library Fund Water & Sewer Fund Solid Waste Fund Police Narcotics Fund Bond Redemption Fund Police Narcotics Fund 0.78% Bond Redemption Fund 1.31% Water & Sewer Fund 16.69% City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending June 30, 2014 Balance 4/112014 Purchases $ 4,355,883.76 $ 312.42 32,324.04 1.66 1,006,424.82 72.22 509,932.00 36.54 47,308.17 3.39 79,192.38 5.64 $ 6,031,065.17 $ 431.87 Maturities $ Fund Allocation at June 30, 2014 Solid Waste Fund 8.46% Balance 6/30/2014 $ 4,356,196.18 32,325.70 1,006,497.04 509,968.54 47,311.56 79,198.02 $ 6,031,497.04 Investment Report Schedule Investments for the Quarter ended June 30, 2014 CERTIFICATES OF DEPOSIT Certificate Purchase Number Date Maturity Date Days to Interest be held Rate Interest Earned for Quarter ended Face Amount March 31, 2014 Held at June 30, 2014 Library Special Fund 5713564135 7/4/2013 1/4/2014 185 0.05% $ 10,000.00 $ 1.26 Total Interest Earned on CDs for the quarter ended June 30, 2014 $ 1.26 Total Certificates of Deposit held at June 30, 2014 $ 10,000.00 Investment Report Schedule Investments for the Quarter ended June 30, 2014 INVESTMENTPOOL-TEXPOOL Average Days to Interest Market Period Held Maturity Rate Principal General Fund 04/01/14 06/30/14 0.0288% $ 4,355,883.76 Water & Sewer 04/01/14 06130114 0.0288% 1,006,424.82 Bond Redemption Fund 04/01/14 06/30/14 0.0288% 79,192.38 Library Special 04/01/14 06/30/14 0.0288% 22,324.04 Solid Waste Fund 04/01/14 06130114 0.0288% 509,932.00 Police Narcotic Fund 04/01/14 06/30/14 0.0288% 47,308.17 Totals for TEXPOOL Investments $ 6,021,065.17 Interest Earned Book Value 312.42 $ 4,356, l 96.18 72.22 1,006,497.04 5.64 79,198.02 1.66 22,325.70 36.54 509,968.54 3.39 47,311.56 $ 431.87 $ 6,021,497.04 Investment Report Schedule Investments for the Quarter ended June 30, 2014 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate June 30, 2014 Bond Redemption Fund 04/01/14 06/30/14 0.1349% $ 78.24 Capital Outlay Fund 04/01114 06/30/14 0.1349% 273.05 Court Technology Fund 04/01/14 06/30/14 0.1349% 1.74 Equipment Replacement Funds 04/01114 06/30/14 0.1349% 530.33 Fire Department Special Fund 04/01/14 06/30/14 0.1349% 14.51 General Fund 04/01/14 06/30/14 0.1349% 2,741.81 Library Special Fund 04/01114 06130114 0.1349% 22.33 MCML Dispatch 04/01/14 06/30/14 0.1349% 126.14 Motel Occupancy Tax Fund 04/01114 06/30/1 4 0.1349% 9.32 Parks & Recreation Special Fund 04/01/14 06/30/14 0.1349% 38.85 Police Narcotic Fund 04/01/14 06/30/14 0.1349% 39.73 Public Safety Construction Fund 04/01/14 06/30/14 1 0.1349% 615.91 Solid Waste Fund 04/01114 06/30/14 1 0.1349% 428.88 Street Improvement Fund 04/01114 06/30/14 0.1349% 675.83 SSES Fund 04/01/14 06/30/14 0.1349% 94.86 Water Plant Construction Fund 04/01/14 06/30/14 0.1349% 345.22 Wastewater Construction Fund 04/01/14 06/30/14 0.1349% 92.51 W & S Certificate Fund 04/01114 06/30/14 0.1349% 48.61 Water & Sewer Fund 04/01/14 06/30/14 0.1349% 588.75 $ 6,766.62 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 15, 2014 1. MEETING The special meeting was. called to order at 4:3.0 p,m, by Mayor R. A, Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. EXECUTIVE SESSION The regular meeting was recesse.d at 4:31 p.rn. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney. 3 . RECONVENE The regular meeting was re.convened at 5:43 p,m, by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is necessary. 4. 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 5:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ATIEST: 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 Ill v Craig Belaire Council Member -Ward IV Chris Duque City Manager v Gay Ferguson City Clerk ~ Jesse Branick City Attorney v Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton 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.~ August15.2014 Date SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 9:00 a.m. August 29, 2014 1. MEETING Th.especial meeting was called to order at 9~00 a,m, by Mayor R. A. Nugent at th.e Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. BUDGET The regular meeting was rec.essed and a Public Hearing was called to order at 9:01 a.m. by Mayor Nugent for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year 2014-2015 Annual Budget. Chris Duque, City Manager, reported this public hearing is being held to discuss the proposed 2014-2015 tax rate and with any public hearing, interested persons will be given the opportunity to comment on the proposed tax rate. Mr. Duque said at the August 11th meeting, City Council unanimously voted to maintain the tax rate of $0.591853 per $100 assessed valuation for the fiscal year beginning October 1, 2014 and ending September 30, 2015. He reminded council they must announce· the date, time, and place of the meeting at which the Council will vote on the tax rate which is scheduled for September 8, 2014 at 4:30 p.m. in the Nederland City Hall Council Chamber. There bei ng no further questions and/or comments the Public Hearing was adjourned and t he regular meeting was co nvened at 9:02 a.m. by Mayor Nugent. 3. OUARTERL Y REPORTS Chris Duque, City Manager, advised it would be necessary for the Clty to review and accept the quarterly Hotel Occupancy Tax Fund financial reports from the Chamber of Commerce in accordance with the Texas Tax Code Section 351.101.c. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to accept quarterly Hotel Occupancy Tax Reports from the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. 4. LAND USE AGREEMENT A motion was. made by Cou.ncilmember Neal and seconded by C.ouncilmember Austin to approve a Land Use Agreement for Lots 16, 17, and 18, Block 17 Nederland Town Site; Vol. 1, Page 38, Map Records, Jefferson County, Texas, pending legal review and approval. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. Minutes Continued, August 29, 2014 5. CHANGE ORDER NO. 7 Chris Duque, City Manager, explained the proposed Change Order No. 7 for the Homer E. Nagel Public Safety Com plex project increases the project cost by $5,709.90 to rep.I.ace an existing 3-ton A/C unit. This. A/C unit was. not rep.laced when dispatch was. renovated in 2008 and has become a maintenance issue for the Police Department. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Change Order No. 7 regarding the Homer E. Nagel Public Safety Complex project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. 6. PAYMENTS A motion was. made by Mayor Pro Tern Albanese and s.e.conded by Councilmember Neal to approve a payment request by d.p. Consulting Engineers in the amount of $2,800.00 for engineering services on the J. M. Staffen Addition Waterline Improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councllmember Belaire. 7. PROPOSED ORDINANCE 2014-15 Chris Duque, City Manager, informed City Council adjustment to the utility rates were necessary to keep up with operating costs as well as making modifications to the solid waste fee structure. The adjustments. include~ a). in.creasing th.e water bas.e rate by $1.00/month from $8.95 to $9.95; b) adjusting the water and sewer maintenance fee by $0.02 per thousand gallons of water above the base; c) creating two tiers of solid waste service -residential and commercial while keeping the base rate flat; d) increasing additional garbage container cost from $5.25 to $8.65 for residential customers and cost from $5.25 to $10.00 per container for commercial customers; residential customers may have one additional can and commercial customers may have up to 3 additional containers if customers have sufficient space on their property to have the additional containers; e) City will no longer offer trash service to commercial customers; f) Code Enforcement will handle complaints when trash accumulates on property, on vacant property, or when trash piles exceed the 4 cubic yards prescribed by ordinance. City will not reconnect services until the complaint is resolved by Code Enforcement or Municipal Court. Several councilmembers expressed concern about not offering trash service to commercial customers. Mr. Duque suggested a good compromise might be to continue the trash service and to have the Code Enforcement Officer more involved in getting compliance when violations occur. Minutes Continued, August 29, 2014 8. 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 9:52 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes:. None. Absent: Councilmember Belaire. R.A.6u?:~ City of Nederland, Texas ATTEST: ~Q ~ tl/1 :€frl ~ Gay Fergun:Oty Clerk City of Nederland, Texas CITY OF NEDERLAND SPECIAL COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor / Talmadge Austin Council Member -Ward I v Billy Neal Council Member -Ward II v Don Albanese Council Member-Ward Ill v Craig Belaire Council Member -Ward IV v Chris Duque City Manager v Gay Ferguson City Clerk v Jesse Branick City Attorney Cheryl Dowden Director of Finance v Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works v George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R.!Y.nt~ August 29, 2014 Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 25, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 council member 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 Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a-e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -August 11, 2014 regular meeting and August 15, 2014 special meeting b. July 2014 Department Reports c. Tax Assessor-Collector Report -July 2014 d. Requests: • Consider action approving a request from Brian English to utilize the Nederland Recreation Center gymnasium for a high school basketball league. • Consider action approving a request from Robb Cahal to utilize the Nederland Recreation Center for Nederland Little League player registration. e. Payment: • Carroll & Blackman, Inc. -$1,295.68, Phase II MS4 Permit Implementation Services • Schaumburg & Polk, Inc. -$1,109.00, 2013 Asphalt Street Rehabilitation project • Schaumburg & Polk, Inc. -$1,694.00, 2014 Asphalt Street Rehabilitation • Allco, Inc. -$1Gl,392.69, Hurricane Ike Round 2.2 Wa~tewc;it~r <;Qll~c;tion Rehabilitation project • A & A Electric Company of Beaumont, Inc. -$12,041.08, Hurricane Ike Round 2.2 Wastewater Treatment System generators project Minutes Continued, August 25, 2014 4. REGULAR AGENDA a. Wanda Hollier, Heritage Festival Foundation, presented the Police Department, the Fire Department and the Parks and Recreation Department with donations. She thanked every department within the city for volunteering and working the Heritage Festival each year. Darrell Bush, Police Chief, thanked the Heritage Festival for their generous donation. He said the Heritage Festival has supported them for 13 -14 years now and these donations have helped his department. A motion was made by Councilmember Austin and seconded by Councilmember Neal to accept a donation from the Nederland Heritage Festival Foundation to the Nederland Police, Fire, and Parks & Recreation Departments. MO.TION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. The regular meeting was recessed and a Public Hearing was called to order at 4 :36 by Mayor Nugent for the purpose of receiving comments regarding the rezoning request for 2619 Avenue A from R-1 (single-family) zoning classification to C-2 (neighborhood retail commercial) zoning classification. Mayor Nugent announced this public hearing is being held ta allow citizens to voice comments/concerns either for or against the proposed rezoning request. George Wheeler, Building Official, reported the required property owner letters were distributed and no written responses were received. He advised the Planning & Zoning Commission will meet on September 2, 2014 at 5:00 p.m. at 1903 Atlanta Avenue to discuss the rezoning request. Cody Lacombe, 1008 S. 2ist Street spoke in favor of the request. He said it will be beneficial for Nederland to have the day care. The Day Care will have a minimum effect on the neighborhood and will not cause a problem for the neighbors. Elizabeth Frazier, 2523 Avenue A and 2607 Avenue A, spoke in opposition to the request. She explained she was not in favor due to once the rezoning is approved, any use permitted within this particular zone will be allowed. She doesn't want commercial uses within the residential neighborhood. Carolyn Martin, 2606 Avenue B spoke against the request. She said all the residents feel like a family. They want to keep it residential and not allow commercial use to come into the neighborhood. Once commercial businesses come in, people will lose interest in keeping their property nice. M.r, Wheeler, suggested cna.nglng the ~one t.o a. more restrlctlve commercial use; one that allows only offices. The more restrictive zone would allow for service type uses, such as a day care, and not retail or restaurant. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was convened at 4:48 by Mayor Nugent. Minutes Continued, August 25, 2014 c. Dohn LaBiche, LaBiche Architectural Group, provided an update on the Homer E. Nagel Public Safety Complex. Police Department has completed their move back into the building. Work is ongoing to get the Fire Department moved back in as soon as possible. The new plaza in front of the building is underway which will help with the access to the Police Department. Currently citizens are coming in near the Dispatch area. Mr. LaBiche reported most items in the Fire Department have been completed. There are a few loose ends to finish. The synthetic coating for the bay floor will be put in beginning Thursday of this week. It will have a curing time of approximately 7 days before the fire trucks can go on it. d. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to authorize the purchase of tablet computers for the Nederland Fire and Police Departments. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. FY 2014 -2015 Budget: I. The regular meeting was recessed and a Public Hearing was called to order at 4:58 by Mayor Nugent for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year 2014-2015 Annual Budget. Chris Duque, City Manager, indicated this public hearing was necessary in accordance with City Charter. Citizens will be given the opportunity to comment on the proposed budget. He advised a copy of the proposed budget is available in the City Clerk's office and on the City of Nederland's website. He added the FY 2014-2015 Annual Budget will be on the City Council agenda on September 8, 2014 for their consideration. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was convened at 4:59 by Mayor Nugent. ii. The regular meeting was recessed and a Public Hearing was called to order at 4: 59 by Mayor Nugent for the purpose of receiving comments regarding the proposed tax rate of $0.591853 per $100 assessed valuation for the fiscal year 2014-2015. Mr. Duque, stated this public hearing is being held to discuss the proposed FY2.014 -2015 tax rate. At the August 11th meeting, the council unanimously voted to maintain the tax rate of $0.591853 per $100 assessed valuation for the fiscal year beginning October 1, 2014 and ending September 30, 2015. He recommended maintaining the existing tax rate and said no adjustments to the property tax revenue or industrial tax revenue line-items would be necessary. There being no further questions and/o~ comments the Public Hearing was adjourned and the regular meeting was convened at 5:01 by Mayor Nugent. iii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to postpone action on Ordinance No. 2014-15, utility rates and regulations and hold a Work Session on August 29th at 9:00 a.m. to discuss futher. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, August 25, 2014 S. UNFINISHED BUSINESS a. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to remove from the table -Consider action approving Ordinance No. 2014- 14 repealing Ordinance No. 2014-13 that attempted to annex property in the City's extraterritorial jurisdiction (being 54.25 acres of land, part 1 of lot 6 and all of lots 7 and 8, Block 19, Range "I" and part of Lots 1 and 2, Block 20, Range "I'~ Port Arthur land Company Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being the same land conveyed to Diamond M Cattle and Exotics, LP, recorded in File No. 2011009931 and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennis Group, Inc., recorded in File Na. 2006033732, Official Public Records, Jefferson County Texas and the same land conveyed to Pipefitters local No. 195, recorded in Volume 1076, Page 559, Volume 1481, Page 292, and Volume 1998, Page 141, Deed Records, Jefferson County, Texas.) 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 approve Ordinance No. 2014-14 repealing Ordinance No. 2014-13 t hat attempted to annex property in the City's extraterritorial jurisdiction (being 54.25 acres of land, part 1 of Lot 6 and all of Lots 7 and 8, Block 19, Range "I" and part of Lots 1 and 2, Block 20, Range "I", Port Arthur Land Company Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being i:he same land conveyed to Diamond M Cattle and Exotics, LP, recorded in File No. 2011009931 and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennis Group, Inc., recorded in File No. 2006033732, Official Public Records, Jefferson County Texas and the same land conveyed to Pipefitters Local No. 195, recorded in Volume 1076, Page 559, Volume 1481, Page 292, and Volume 1998, Page 141, Deed Records, Jefferson County, Texas.) MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 6. EXECUTIVE SESSION The regular meeting was recessed at 5:20 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. 7. RECONVENE The regular meeting was reconvened at 5~53 p,m. by Mayor Nugent. 8. COMMUNICATION City Manager's Report: a. Miscellaneous • Special council meeting Friday, August 29th at 9:00 a.m. Minutes Continued, August 25, 2014 • Ice Bucket Challenge will take place on August 29th at 3:30 p.m. at the Windmill b. Labor Day Closure -Monday, September ist 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 5:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ATTEST: G~~~~ 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 v Billy Neal Council Member -Ward II v Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV v Chris Duque City Manager ti Gay Ferguson City Clerk / Jesse Branick City Attorney v Cheryl Dowden Director of Finance v Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works v George Wheeler Building Official / Victoria Klehn Librarian / Holly Guidry Human Resources Director v Joni Underwood Executive Secretary V"' Angela Fanette Parks Director ~ R. A. Nugent; or G~~tfh- August 25, 2014 Date TERRY WUENSCHEL TAX ASSESSOR-COUECTOR STATE QF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Terry Wuensche!, 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 $86,160.47, represents all taxes collected for CITY OF NEDERLAND during the month of July 2014. JEFFERSON COUNTY COURTHOUSE • P.O. BOX 21 12 •BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 CITY OF NEDERLAND ORDINANCE NO. 2014-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS REPEALING ORDINANCE NO. 2014-13 THAT "ANNEXED" THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND EXTENDED THE BOUNDARY LIMITS OF SAID CITY LIMITS, AND GRANTED TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS, AND BINDED SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY, AND ADOPTED A SERVICE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 43, Subchapter C, of the Texas Local Government Code and Section 1.04 of the Home Rule Charter of the City of Nederland, Texas, an incorporated city, authorizes the annexation of territory, subject to the laws of this state. WHEREAS, Ordinance No. 2014-13 applied to the following described territory, to wit: BEING 54.25 acres ofland, part of Lot 6 and all of Lots 7 and 8, Block 19, Range "I", and part of Lots 1 and 2, Block 20, Range "I", Port Arthur Land Company Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being the same land conveyed to Diamond M Cattle and Exotics, LP, recorded in File No. 2011009931 and File No. 2011038073, Official Public Records, Jefferson County, Texas, the same land conveyed to Gennis Group, Inc., recorded in File No. 2006033732, Official Public Records, Jefferson County Texas and the same land conveyed to Pipefitters Local No. 195, recorded in Volume 1076, Page 559, Volume 1481, Page 292, and Volume 1998, Page 141, Deed Records, Jefferson County, Texas; said 54.25 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a Yz" steel rod, capped and marked "SOUTEX", found for a common comer of Lots 4 and 5, Block 19, Range "H", and Lots 1 and 8, Block 19, Range "I'', Port Arthur Land Company Subdivision; said Yz'' steel rod being the Southeast comer of said Diamond M Cattle and Exotics, LP (File No. 2011038073) tract and the Southeast comer of the herein described tract; having a State Plane Coordinate ofN: 13937358.58, E: 3544012.38; (1) THENCE, South 36 deg., 39 min., 02 sec., West (Called South 41 deg., 13 min., 00 sec., West), on the common line of Blocks 18 and 19, a distance of 45.00' passing the Northeast comer of Twin Lake Estates, recorded in Volume 15, Page 31, Map Records, Jefferson County, Texas; continuing for a total distance of1814.95' (Called 1815.13') to a W' steel rod found for the Northwest comer of said Twin Lake Estates on the Northeasterly right of way line of a dedicated road named US Highway 69, 96, 287; said W' steel rod being the Southwest comer of the herein described tract; having a State Plane Coordinate of N: 13935902.46, E: 3542928.98; (2) THENCE, North 31 deg., 23 min., 39 sec., West (Called North 26 deg., 50 min., 16 sec., West), on the Northeasterly right of way line of said US Highway 69, 96, 287, a distance of 566.66' (Called 566.61 ') to a point for comer; (3) THENCE, North 29 deg., 38 min., 15 sec., West (Called North 25 deg., 03 min., 31 sec., West). continuing on the Northeasterly right of way line of said US Highway 69, 96, 287, a distance of 845.62' (Called 845.87') to a 1 Yz" steel pipe found for comer; (4) THENCE, North 28 deg., 33 min., 32 sec., West (Called North 23 deg., 27 min., 30 sec., West, continuing on the Northeasterly right of way line of said US Highway 69, 96, 287, a distance of 343.92' to a point for comer being the Northwest comer of Pipefitters Local 195 (Volume 1076, Page 559) tract; said point for comer being the Southwest comer of Tract I of five tracts of land of a plat of Lovie L. Becker Heirs, recorded in Volume 15, Page 141, Map Records, Jefferson County, Texas; said point for comer being the Northwest comer of the herein described tract; (5) THENCE, North 36 deg., 39 min., 02 sec., East (Called North 41 deg., 13 min., 00 sec., East), on the North line of said Pipefitters Local No. 195 tracts, same being the South line of Tract I and Tract V of said plat of Lovie L. Becker Heirs, a distance of 1058.80' to a point for comer on the West line of a 60' wide Jefferson County Drainage District No. 7 right of way; said point for comer being the Southeast comer of said Tract V and being the Northeast comer of the herein described tract; (6) THENCE, South 53 deg., 21 min., 01 sec., East, on the West line of said Jefferson County Drainage District No. 7 right of way, a distance of 272.1 O' to a point for comer being the Southwest comer of a (Called 2.02) acre tract ofland recorded as Tract II in said Pipefitters Local No. 195 (Volume 1998, Page 141) tract and an interior comer of the herein described tract; (7) THENCE, North 36 deg., 38 min., 54 sec., East, a distance of 60.00' to a point for comer on the South line of the (Called 2.02) acre tract ofland conveyed to Pipefitters Local No. 195, recorded in Volume 1998, Page 141, Deed Records, Jefferson County, Texas; (8) THENCE, South 53 deg., 21 min., 01 sec., East (Called South 48 deg., 47 min., 00 sec., East), a distance of20.00' passing a Yz'' steel rod, capped and marked .. SOUTEX", found for the Northeast comer of said Diamond M Cattle and Exotics, LP (File No. 2011038073) tract, same being a common comer of Lot 1, Block 20, and Lot 8, Block 19; continuing for a total distance of 1339.93' (Called 1340.00') to the POINT OF BEGINNING and containing 54.25 acres ofland, more or less. WHEREAS, Ordinance No. 2014-13 was approved by the City Council of the City of Nederland, Texas on July 14, 2014 with four councilmembers voting for and the mayor voting against. WHEREAS, through an oversight, the procedure.s prescribed by the Texas Local Government Code and the Home Rule Charter of the City of Nederland, Texas, and the laws of this state were not completely followed with respect to the above described property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: SECTION I. The property described above was not annexed via Ordinance No. 2014-13, and the inhabitants thereof were not provided services, rights, and privileges, were not bound by the acts, ordinances, resolutions, and regulations, and were not assessed taxes and/or fees by the City of Nederland following the adoption of Ordinance No. 2014-13. SECTION II. Ordinance No. 2014-13 is hereby repealed effective the date this Ordinance becomes effective. SECTION Ill: REPEALING CLAUSE: All ordinances or parts of ordinances inconsistent with the terms of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such Inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this Ordinance. SECTION IV: SEVERABIUTY CLAUSE: If any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or c.ircumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. SECTION V: EFFECTIVE DATE AND PUBLICATION This ordinance shall take effect from and after its passage by the City Council of the City of Nederland, Texas and publication. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 2Slli day of AUGUST, 2014. R.A~ City of Nederland, Texas ATTEST: APPROVED AS TO FORM AND LEGALITY: Notes: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South-Central Zone, NAO 83. Scale Factor= 0.999926415, Convergence Angle = 02 deg., 26 min., 19 sec. Reference Monument = NGS AJ8221. This description Is based on the Land Survey made by Anthony M . Leger, Registered Professional Land Surveyor No. 5481, on May 6, 2014. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. September 8, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 Councilmember Neal and seconded by Mayor Pro Tern Albanese • to approve the Consent Agenda Items 3 a-c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -August 25, 2014 regular meeting and August 29, 2014 special meeting b. Consider action authorizing the closure of Boston Avenue from 14th Street to 17th Street on October 7th for National Night Out. c. Payments: • August 2014 monthly bills • Bruce's General Construction -$180,052.81, Homer E. Nagel Public Safety Complex project • Carroll & Blackman, Inc. -$720.00, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve the Marion & Ed Hughes Public Library Strategic Plan, October 1, 2Q14 ~hrough $~p~~mber 30, 2Q18. MQTION <;ARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. A motion was made by Mayor Pro Tern Albanese and seconded by Councllmember Neal to authorize the solicitation of bids for the J. M. Staffen Additional Waterline project. MOTION CARRIED. Minutes Continued, September 8, 2014 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 Austin to approve Change Order No. 8 ( +$1,522.50) -Homer Nagel Public Safety Complex 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 Councilmember Neal to approve a work authorization with Carroll & Blackman, Inc. in regards to Phase II MS4 Permit Implementation Services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve an amendment to Ordinance No. 107, stop signs at intersection o.f Bos.ton Avenue and North 14th Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. Nederland Avenue Study: i. A motion was made by Councilmember Neal and s.econded by Mayor Pro Tern Albanese to approve a work authorization with Schaumburg & Polk, Inc. for an engineering study of Nederland Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii .. A motion was made. by Counci.lme.mber Austin and s.ec.onde.d by Mayor Pro Tern Albanese to approve a work authorization with Action Civil Engineers, PLLC for a drainage study of Nederland Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. Policy /Procedures: i. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to amend the City of Nederland Wage and Position Classification Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Ablanese to amend the City of Nederland Cell Phone Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. Fiscal Year 2014 -2015 Budget: i. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve Ordinance No. 2014-15, utility rates and regulations. MOTION CARRIED. Minutes Continued, September 8, 2014 Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. Chris Duque, City Manager, reviewed highlights of the proposed budget: General Fund • Maintain existing tax rate of $0.591853 per $100 assessed taxable value. This rate is the lowest tax rate in Jefferson County among the full-service cities. • The budget is designed to draw down the fund balance by $1.5 million; revenues total $9,668,700 and expenditures total $11,168,700. • Sales Tax Revenue -$2.475 million, an increase of 1.02% from adopted 13-14 budget. • Industrial Tax Revenue -$1.525 million, an increase of 10.9% from adopted 13-14 budget. • 3% COLA for all reg ular, full-time employees, including firefighters and police officers; $0.25/hour increase for regular PT employees with two years of tenure with the City. • Continue Healthy Lifestyle Stipend -$40/month per employee who meets certain physical criteria in an effort to manage health insurance costs. • Create new Police Officer position. • Create new part-time Animal Control Clerk position. • 2014-2015 Street Program budget of $1,951,000 which includes the purchase of 6 solar school zone signs at $30,000. • Book budget for the Library of $25,000 and $8,500 to replace restroom partitions. • Purchase employee database software to replace outdated version. • $35,000 for the Senior Citizen Center. • $15,000 for Special Programs to pay youth league reimbursements and certain City events. • Over $15,000 in miscellaneous equipment/supplies for NFD. • $4,000 to address electrical issues at Doornbos and Reinstra Parks; $40,000 for Doornbos Park sidewalk repairs; $10,000 tennis court repairs; $8,000 at Reinstra Park; $495,000 transfer to Parks Special Fund -$215,000 splash park construction and design; $100,000 pool fencing. Water and Sewer Fund • The budget is balanced with the total amount of Water and Sewer Fund revenue and expenditures both equaling $4,470,828 which is a 4% increase from adopted FY 2013-2014 budget. • Nominal rate increase proposed to raise an additional $150,000 in water/sewer revenue. • 3% COLA for all regular, full-time employees; $30,682 for COLA and benefits costs increase. • $300,000 for Water Treatment Plant Equipment -interior/exterior paint of 5th Street water tower. • Severn Trent contractor cost increase -$582,528.15 which is an increase of 2.5%. Solid Waste Fund • The budget is balanced with revenue and expenditures equaling $1,534,000. • 3% COLA for all regular, full-time employees; $20,140 for COLA and benefits costs increase. • Green Waste Disposal costs increase due to expired chipping contract. Minutes Continued, September 8, 2014 • $155,000 transferred to the General Fund; $350,000 transferred to Equipment Replacement Fund -Solid Waste Fund. Equipment Replacement Funds • GENERAL -$235,000 allocated for the purchase of 2 police patrol units, code enforcement car, park's truck, F450 patch truck for streets, trailer for streets, Nederland Avenue camera detection system, prisoner passenger van. • WATER & SEWER -$75,000 for 1-ton crew cab truck and wastewater plant maintenance. • SOLID WASTE -$250,000 for 1 trash truck. Other Funds • CAPITAL OUTLAY FUND -$395,000 for improvement to Service Center and for design; $200,000 to make necessary repairs at the Bob Henson Building. • CENTRAL DISPATCH FUND -created dispatcher and I.T. positions; overall costs increased by $197,165 with Nederland's contribution increasing to $70,457. • STREET IMPROVEMENT FUND -$1,676,000 will be expended; $1.1 million from GF fund balance. • HOTEL/MOTEL FUND -the proposed budget's expenditures would exceed revenue by $7,230; $4,000 for repainting windmill exterior and increase insurance costs for buildings. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2014-16, an appropriation ordinance adopting a budget in accordance with Article VII of the Charter af the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to set the maintenance and operation portion of the tax rate at $0.372368 for FY 2014 -2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iv. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to set the interest and sinking fund portion of the tax rate at $0.219485 for FY 2014 -2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. v. A motion was made by Councilmember Austin that the property tax rate be increased by the adoption of a tax rate of $0.591853, which is effectively a 1.39% increase in the tax rate and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2014-17, adopting the tax rate for the fiscal year beginning October 1, 2014 and ending September 30, 2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, September 8, 2014 5. EXECUTIVE SESSION The regular meeting was recessed at 5: 18 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 5:56 p.m. by Mayor Nugent. 7. APPOINTMENT A motion was made by Councllmember Austin and seconded by Councilmember Neal to approve the employment agreement between the City of Nederland and Nederland City Manager, Christopher Duque. MOTION CARRIED. Ayes: Mayor Nugent, Cauncilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 8. COMMUNICATION City Manager's RepQrt~ a. Construction Project Update: • There are concerns which will be discussed with the engineer regarding the 14th Street improvements. Millings will begin on the rough spots. • Canal Street just needs a level up course. A complaint was received about getting in and out of driveways. This will be taken care of as they complete the project. • Dohn LaBiche will be doing a punch list walk-through for the EOC and Fire offices. Fire will begin moving back in within the next week. Bricks are in and the entrance of the building will open tomorrow morning. A ribbon cutting is scheduled for October 7 at 9:00 a.m. with National Night Out activities beginning at 5:00 p.m. that same evening. b. Nederland Veterans. Park -The goal is ta have groundbreaking on Veterans. Day and have the project completed by Memorial Day of next year. 9. ADJOURN There being no further business a mQtlQn was made by Mayor Nugent and seconded by Mayor Pro Tern Albanese to adjourn the meeting at 6: 10 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugen~ Ma r City of Nederlan , Texas Minutes Continued, September 8, 2014 ATIEST: CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor / Talmadge Austin Council Member -Ward I v Billy Neal Council Member -Ward II v Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV v Chris Duque Citv Manager v Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance v Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works v George Wheeler Building Official v Victoria Klehn Librarian v Holly Guidry Human Resources Director v Joni Underwood Executive Secretary v / Angela Fanette Parks Director ./ R.A~~ September 8, 2014 Date AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 107 WHICH REGULA TES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, ESTABLISHING A 4-WAY STOP INTERSECTION AT 14th STREET AND BOSTON AVENUE, AND PROVIDING A PENAL TY. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control Is required In order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I THAT, Ordinance No. 107 is hereby amended by adding the following language: ARTICLE VII. SECTION 54 -STOP SIGNS The intersection at North 14111 Street and Boston Avenue shall be designated as a "4-Way Stop Intersection." Stop signs shall be erected and maintained at all four corners in 'accordance with local and state law. All vehicles must come to a complete stop before entering the intersection. ARTICLE XVI. SECTION 122 -PENAL TY Any person who Intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined as provided In Sec. 102-323, Nederland Code of Ordinances. ARTICLE XVII. SECTION 133 -EFFECTIVE DATE This amendment to the ordinance shall be In full force and effect after publication as provld~d by law. PASSED,AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the ~day of SEPTEMBER. 2014. ATTEST: APPROVED AS TO FORM AND LEGALITY: ORDINANCE NO. 2014-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ESTABLISHING WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL, AND GARBAGE RA TES, AND PROVIDING 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 PROVIDING FOR INTEREST PENAL TIES, RE-CONNECTION CHARGES, TRANSFER FEES, AND RETURNED CHECK FEES AND REPEALING ORDINANCE NO. 2013-14. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the rates for utility services now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits. SECTION 1. Repeal of Previous Ordinances and Regulations. 1. All other ordinances and/or regulations governing City of Nederland (CITY) water and sewer service in conflict with this ordinance are hereby repealed when this ordinance takes effect, provided, however, the repeal of prior ordinances does not waive, excuse, or vacate any balances due for water services provided hereunder and the CITY may collect such balances due. SECTION 2. Water and Sewer Systems. 1. The water system and sewer system are public utilities operated and maintained by the CITY. The systems shall be operated in accordance with ordinances and policies adopted by the CITY, State law, and/or Federal law. Subject to such requirements, the City Manager may make such reasonable regulations as to govern the water and sewer systems to ensure their continued operation. 2. For the purpose of this ordinance, the terms "water service" and "utility service" shall be inclusive of water service, sewer service, and garbage/trash services as provided by the CITY. 3. For the purpose of this ordinance, the term "customer" shall mean the person responsible for payment and/or all persons acting for him/her or by his/her direction. SECTION 3. Application for Water Service. 1. Any person and/or business desiring to obtain water service from the CITY shall make application on a form supplied by the CITY. The application shall include: a) name of the individual to be responsible for the payment of utility service b) the social security number of the individual responsible for payment c) the driver's license number d) the applicant's employer e) the applicant 's work telephone number f) address to be served g) address, if different from the service address, to which bills are to be sent h) home telephone number i) the signature of the individual responsible for payment j) proof of identification 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. SECTION 4. Installation of Service. 1. No private service lines shall be connected or tapped to any CITY water line unless a meter is installed by the CITY at that connection. 2. No private service lines shall be connected to any CITY sewer line unless the connection/tap has been made and/or approved by the CITY. 3. Not more than one (1) premise may be connected to any 1 water and/or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master meter to serve apartment complexes, mobile home parks, etc. 4. No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service. 5. If approved by the CITY, additional water services may be provided to residences and/or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In t his situation, water provided by such separate service will not be discharged through the CITY's sewer system. SECTION 5. Water Connection/Taps. 1. The CITY reserves the right to tap existing CITY water lines, set water meters, and require use of CITY taps and meters. 2. Any individual or business desiring a water tap shall make said request to the CITY. If said request, in the CITY's opinion, is beneficial to the CITY and/or does not endanger the existing water line and/or water system, the CITY shall provide all materials, labor and equipment to tap the existing water line. 3. The CITY shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: 3/4" Water Tap l"WaterTap 1 ~ " Water Tap 2" Water Tap Over 2" Water Tap Inside City (No Street Excavation) $ 350.00 450.00 650.00 1,400.00 Cost Outside City (No Strtet Elccavatlon) $ 525.00 675.00 975.00 2,100.00 Costx 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: Length 1'-10' 11'-20' 21'-30' 31'-40' 41'-SO' Additional Cost for Street Excavations Asphalt Concrete $200.00 $ 300.00 375.00 550.00 525.00 700.00 850.00 675.00 875.00 1,050.00 s. In return for payment of such fee, the CITY shall tap the existing water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Taps. 1. The CITY reserves the right to tap existing CITY sewer lines. 2. Any individual or business desiring a sewer tap shall make said request to the CITY. If said request, In the CITY's opinion, Is beneficial to the CITY and/or does not endanger the existing sewer line and/or sewer collection system, the CITY shall provide all materials, labor and equipment to tap the existing sewer line. 3. The CITY shall make the final determination as to the location of the sewer tap. 4. The sewer connection fees are as follows: 8" depth/width or less Inside City Outside City (No Street Excavation) (No Street Excavation) 4" Sewer Tap $200.00 $300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 8" depth/width or more Inside City Outside City I No Street Excavation) (No Street Excavation) 4" Sewer Tap Cost Costx 1.5 6" Sewer Tap Cost Costx 1.5 8" Sewer Tap Cost Costx 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: Additional Cost for Street Excavations Length Asphalt Concrete 1' -10' $200.00 $ 300.00 ll'-20' 21'-30' 31'-40' 41'-50' 375.00 525.00 700.00 850.00 550.00 675.00 875.00 1,050.00 SECTION 7. Water Meter and Garbage Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the CITY in accordance with the following schedule (excludes residential rental property in renter/tenant's name): Inside City Outside Cltv 3/4" and Smaller Water Meter $100.00 $100.00 1" Water Meter 150.00 150.00 1 ~ " Water Meter 200.00 200.00 1 % " Water Meter 250.00 250.00 2" and Larger Water Meter 300.00 300.00 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 $150.00 $150.00 1" Water Meter 200.00 200.00 Elevated Risk Account 250.00 250.00 Definition: Renter/Tenant/Property that has 2 disconnect/reconnect services for late or non·payment during the 24 months prior to setting up a new service. 3. In order to be provided with an additional garbage container, which shall be limited to one additional garbage container per residential account (two total) and three additional per commercial account (four total), an applicant shall be required to pay an additional deposit of $75.00 per additional container. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. SECTION 8. Application of Deposit. 1. Upon the termination of water service, at the request of the customer, the deposit or any portion of the deposit remaining shall be returned to the customer when water and all other charges have been paid. 2. Current customers, who have service in their name, who continue to maintain utility service and who have, each month, paid their bill in full and by the due date specified on each individual bill for a period of 12 consecutive months shall, at their request, be refunded the full amount of their deposit. 3. Tenants, who rent residential property from a property owner that elected to not have service in their own name, shall be refunded the full amount of their deposit if they continue to maintain utility service and pay their bill in full and by the due date specified on each individual bill for a period of twenty-four (24) consecutive months. 4. Service accounts established for those Individuals or residential rental properties classified as "Elevated Risk" shall not be refunded any portion of their deposit until water service is terminated. SECTION 9. Previous Service -Outstanding Balance. Any applicant requesting water service from the CITY who has previously had CITY water service and has, at the time of application, an outstanding balance on his/her previous water service must pay the outstanding balance in full in addition to the meter deposit prior to receiving new service. SECTION 10. Water Rates. The following monthly rates shall be charged for water service: First 2,000 Gallons (minimum)• Each additional 1,000 gallons•• (up to 50,000 gallons) Each additional 1,000 gallons above 50,000 gallons Water Line Maintenance - per 1,000 gallons (above minimum) Inside City $9.95 2.85 2.86 0.32 Outside City $14.45 4.60 4.61 0.32 • Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90%) occupancy of the total number of units. ** Except as required by provisions of outside CITY contracts. SECTION 11. Sewer Rates. The following monthly rates shall be charged for sewer service: First 2,000 Gallons (minimum)• Each additional 1,000 gallons•• (up to 50,000 gallons) Each additional 1,000 gallons above Inside City $ 9.10 3.00 3.01 Outside City $14.90 4.45 4.46 50,000 gallons Water Line Maintenance -0.32 0.32 per 1,000 gallons (above minimum) • Effective July 1, 2007, where water service Is provided to multiple units served by one meter, the minimum rate forthe first 2,000 gallons will be charged for each unit based upon ninety percent (90%) occupancy of the total number of units. •• Except as required by provisions of outside CITY contracts. SECTION 12. Garbage Rates. RESIDENTIAL ACCOUNTS All residences inside the CITY limits shall be required to use the CITY garbage service in accordance with the following schedule: Inside City Rate (per month) $ 19.45 +sales tax• Additional Container•• $ 8.65 +sales tax• COMMERCIAL ACCOUNTS Businesses inside the CITY limits may elect to utilize he CITY garbage service in accordance with the following schedule: Inside City Rate (per month) $ 19.45 +sales tax• Each Additional container.. $ 10.00 +sales tax• No more than 3 additional containers • Sales tax shall be in an amount required by law ••customers requesting additional containers must have sufficient space on their residential or business lot to accommodate the necessary spacing. The City Manager or his deslgnee have the authority to decide whether a customer has sufficient space. The Public Works Director may require any residential or commercial generator who regularly exceeds the provided garbage can load and/or weight capacity within a collection period, or any customer who regularly generates refuse requiring special handling to use a private commercial disposal system or to make other approved disposal arrangements. SECTION 13. Billing and Penalty. 1. All charges on utility service bills shall be due and payable to the CITY fifteen (15) days after the date the bill is malled to the person responsible for payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (10%) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section 182.002 of the Texas Utilities Code, the 10% penalty shall not be applied to persons age 60 or older until the 25th day after the date on which the bill was issued, provided that such person has made a request for delay, presented reasonable proof of their age, and is a residential customer who has occupied, and shall continue to occupy, the entire premises for which a delay is requested. 4. Should the 15th day fall upon a weekend, holiday, or any day that the City Hall Building is closed, a grace period of two (2) business days shall be granted. SECTION 14. Delinquency -Termination of Service. 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; this does not apply to residential rental property classified as #Elevated Risk." 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 malled 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. 3. For all residential rental properties classified as "Elevated Risk," if full payment Is not received by the CITY by the due date, 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. SECTION 15. Re-connection Charges. 1. 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 reque.sted after working hours. If customer does not have a $200 deposit on file, he will be required to pay a deposit in addition to the account balance and reconnection fees before utility service is reconnected. 2. Should service be discontinued, the CITY shall Install a lock on the water meter. Should the customer or any person tamper with the lock and damage it, the following fees shall be assessed: 1st offense -$100 and 2nd and/or subsequent offense -$250. This fee shall be paid, in addition to all other charges, prior to reinstatement of service. 3. Should any person turn on water service, after the CITY has discontinued the service for non- payment, such action shall be considered a criminal offense. 4. Should a customer be repeatedly disconnected due to non-payment, the CITY may require the following: a) Payment for the delinquent bill in the form of cash, money order, and/or cashier's check. b) The CITY retains the option of requiring payment for utility bills by cash, money order, and/or cashier's check for all future utility billings. 5. If payment is made with a check returned insufficient funds due to the issuance of a disconnection notice, water will be Immediately disconnected. SECTION 16. Transfer Fee. A transfer fee, in the amount of $15.00, shall be assessed for transferring service within the CITY's utility service system. The final balance, If any, on the account transferred plus $15.00 will be added to the customer's new account. SECTION 17. Returned Check Fees. 1. Any customer who pays his/her utility bill with a check which is returned from the financial Institution due to, but not limited to, insufficient funds and/or closed account shall be assessed a $30.00 fee. 2. The CITY may, at the request of the customer, re-run the check. If the check is accepted, the fee shall be waived. However, if the check continues to be returned, the CITY shall require t hat the bill be paid by cash, money order, or cashier's check. 3. The CITY retains the right to prosecute for returned checks in accordance with the Texas Penal Code. 4. If a check is returned unpaid due to the financial Institution error, the financial institution shall submit written verificat.ion of such error. In this situation, the fee shall be waived. 5. Should a customer have two (2) or more checks returned due to insufficient funds and/or closed account within a period consisting of twelve (12) consecutive months, the CllY shall no longer accept checks from that individual for a period of 24 months. During the 24 month period, all payments shall subsequently be made in the form of cash, money order, and/or cashier's check. SECTION 18. Temporary Service. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed fifteen (15) calendar days. Customer shall be billed for actual usage. 3. Should the account become delinquent, the customer shall not be allowed to begin any new service until all delinquent monies are paid. SECTION 19. Failure to Receive a Bill. 1. All bills for ut.ility service shall be rendered monthly in accordance with a schedule established by the CITY. The CITY shall exercise care in the delivery of utility bills, but is NOT responsible for the service provided by the United States Postal Service. 2. Failure to receive a bill shall not relieve the customer for payment of service received within the prescribed period nor exempt him/her from the responsibility imposed for delinquent accounts. SECTION 20. Deferred Payments. 1. The City Manager and/or his/her designee shall be empowered to develop payment schedules should a customer be unable to pay his/her bill. The City Manager may not develop payment schedules should a customer be unable to pay his/her bill if the outstanding balance is greater than $500.00. 2. Should a customer not be able to pay his/her account by the due date, he/she must contact the CITY prior to the due date and request that a payment schedule be developed. 3. Should a customer not contact the CITY prior to the Issuance of a disconnection notice, he/she shall be required to pay the entire amount of the bill in order to retain water service. 4. The customer and the CITY may develop a payment schedule which shall be documented on a form supplied by the CITY. This form shall include, but not be limited to, the following Information: a) dates of future payments; b) amounts of future payments; and c) signature of the customer. Should the customer subsequently not comply with the payment schedule, water service shall be disconnected and shall not be reinstated until the full amount owed on the bill is paid. 5. In no case shall the CITY abdicate the right to refuse a payment schedule as presented by the customer. 6. If a customer fails to comply with the provisions of their payment schedule, he/she shall not be permitted to establish additional payment schedules until full payment has been received on the initial/existing payment schedules. SECTION 21. Sewer Adjustments. 1. The City Manager and/or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing. Customer must show proof leak has been repaired before issuance of adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including base rate and maintenance fee. An adjustment will be made based upon an average of six monthly bills during the previous six-month period. 3. In the event that water usage during the billing period exceeded 50,000 gallons, the cost of water shall be adjusted by one-third (1/3) of the excess water usage based upon an average of six monthly bills during the .previous six-month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. 4. In no case shall a sewer adjustment be granted if the CITY notified the customer of a potential water leak on his/her property. 5. Sewer adjustments will be limited to one per 12-month period. 6. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for an adjustment, the customer must have a Building Permit issued by the City of Nederland Inspections Department. SECTION 22. Meter Tampering. 1. It is unlawful for any person to turn on water to any premises from the CITY water system without first obtaining approval from the CITY. 2. It is unlawful for any person to connect water service to a premises after service has been terminated by the CITY. 3. It is unlawful to interfere with, disturb or damage in any manner or form any water meters, locks, cutoff valves, or other appliances of the CITY. The head of household or property owner involved shall be held responsible for the violation of this section. 4. Tampering fees of up to five hundred dollars ($500.00) shall be assessed where a meter has been interfered with, disturbed, or damaged. SECTION 23. Trash Removal Rates. 1. Trash blocking drainage -a service fee of $50.00 -$200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash and/or debris during, before, and/or after a rainstorm to prevent possible flooding. The fee shall be based upon the amount of work performed by the CITY. 2. Miscellaneous trash and/or debris, defined as green waste and/or any other bulky items not able to be placed into the standard CITY garbage container, from empty (undeveloped or vacant) property must be hauled off by the owner or developer at their expense. Violations of said policy will be forwarded to the City's Code Enforcement Department for compliance. The City shall not reconnect services until said violation has been resolved by the Code Enforcement Officer and/or Municipal Court. 3. The CITY will provide collection of trash to residential and commercial customers receiving garbage service twice per month. The amount of trash removed shall be limited to four (4) cubic yards per collection. Trash plles greater than the prescribed 4 cubic yards must be removed from the property within ten (10) calendar days or violations may be forwarded to the City's Code Enforcement Department for compliance. If the City's Code Enforcement Officer tags the pile in violation, the City solid waste service shall not pickup that trash. The CITY shall not provide this service to vacant properties or those properties without an active account. 4. Should an owner of property within the CITY reque.st the removal of trash, the CITY may do so at a cost equivalent to the actual costs of personnel, equipment, and disposal fees but no less than $20.00 per cubic yard per collection for quantities greater than four cubic yards. Payment must be made to the City prior to the trash being collected. The amount of trash to be collected shall not exceed four (4) cubic yards at any one time. Such service shall be provided at the discretion of the CITY dependent upon such factors Including, but not limited to, existing work load, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and/or individuals/companies hired by the property owners. SECTION 24. Validation. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. This ordinance shall take effect October 1, 2014. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a special meeting this the gTH day of SEPTEMBER 2014. City of Nederland, Texas ATTEST: ~dfRA!Jlfl~ GayFefgUSO, City Clefi< City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: CITY OF NEDERLAND ORDINANCE NO. 2014-16 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, IN ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, in accordance with Article VII, Section 7.02 of the City Charter, the City Manager prepared and presented to the City Council a city budget itemizing estimated revenues and appropriations for the ensuing fiscal year beginning October 1, 2014 and ending September 30, 2015. WHEREAS, in accordance with Article VU, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On August 25, 2014, after notice was published, said Public Hearing was held by the City Council on the proposed budget NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 -GENERAL FUND. That there be and is hereby appropriated the sum of Eleven million, one hundred sixty-eight thousand, seven hundred dollars and no cents ($11,168,700.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council b. Legal c. City Manager d. Finance e. Personnel f. Civil Service g. City Hall h. Police i. Police-Prisoner Extra Help j. Emergency Management k. Fire I. Fire Volunteers m. Inspections n. Code Enforcement o. Public Works Administration p. Street Department q. City Shop r. Animal Control s. . Parks & Recreation t. Library u. Other Requirements $20,902 $73,000 $420,826 $276,.920 $216,324 $4,100 $58,300 $3,241,321 $48,479 $99,010 $1,468,444 $16,250 $216,498 $81,302 $274,587 $1,071,792 $184,159 $117,256 $583,999 $467,097 $2,228,134 Section 2 -DEBT SERVICE FUND. That there be and is hereby appropriated the sum of Two million, four hundred fifty-two thousand, seven hundred eighty dollars and no cents ($2,452,780.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3 -WATER & SEWER FUND. That there be and is hereby appropriated the sum of Four million, four hundred seventy thousand, eight hundred twenty-eight dollars and no cents ($4,470,828.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments !llld uses: a. Water Treatment b. Billing/Collections c. WastewaterTreatment d. Water & Sewer Distribution e. Other Requirements $1,665,796 $387,786 $739,695 $840,551 $837,000 Section 4 -SANITARY SEWER EVALUATION FUNDCSSES). That there be and is hereby appropriated the sum of Twenty-five thousand dollars and no cents ($25,000.00) to the SSES Fund for the payment of operating expenses and necessary capital outlay. Section 5 -SOLID WASTE FUND. That there be and is hereby appropriated the sum of One million, five hundred thirty-four thousand, two hundred dollars and no cents ($1,534,200.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 6 -EQUIPMENT REPLACEMENT FUND-GENERAL. That there be and is hereby appropriated the sum of Two hundred thirty-five thousand dollars and no cents ($235,000.00) to the Equipment Replacement Fund-General for the payment of necessary capital outlay. Section 7 -EQUIPMENT REPLACEMENT FUND-WATER & SEWER That there be and is hereby appropriated the sum of Seventy-five thousand dollars and no cents ($75,000.00) to the Equipment Replacement Fund-Water & Sewer for the payment of necessary capital outlay. Section 8 -EQUIPMENT REPLACEMENT FUND-SOLID WASTE. That there be and is hereby appropriated the sum of Two hundred fifty thousand dollars and no cents ($250,000.00) to the Equipment Replacement Fund-Solid Waste for the payment of necessary capital outlay. Section 9 -POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Twenty-nine thousand six hundred dollars and no cents ($29,600.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 10 -LIBRARY SPECIAL FUNP. That there be and is hereby appropriated the sum of One hundred fourteen thousand dollars and no cents ($114,000.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 11 -HOTEUMOTEL FUNP. That there be and is hereby appropriated the sum of Sixty-nine thousand two hundred thirty dollars and no cents ($69,230.00) to the HoteVMotel Fund for the payment of operating expenses. Section 12 -FIRE DEPARTMENT SPECIAL FUNP. That there be and is hereby appropriated the sum of Thirty-six thousand four hundred dollars and no cents ($36,400.00) to the Fire Department Special Fund for the payment of operating expenses and necessary capital outlay. Section 12 -PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Four hundred ninety-six thousand five hundred dollars and no cents ($496,500.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 13 -COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of Five thousand two hundred dollars and no cents ($5,200.00) to the Court Technology Fund for the payment of operating expenses and necessary capital outlay. Section 14 -STREET IMPROVEMENT FQND. That there be and is hereby appropriated the sum of One million six hundred seventy-six thousand dollars and no cents ($1 ,676,000.00) to the Street Improvement Fund for the payment of operating expenses and necessary capital outlay. Section 15 -MID-COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCH FUND. That there be and is hereby appropriated the sum of One million, two hundred seventy-one thousand, nine hundred thirty-five dollars and no cents ($1,271,935.00) to the Mid-County Municipal League Dispatch Fund for the payment of operating expenses and necessary capital outlay. THAT the foregoing appropriations for expenditures be adopted as the budget for the ensuing fiscal year beginning October 1, 2014 and ending September 30, 2015. THAT the City Council shall meet and adopt an Ordinance levying on the assessed valuation of the property within the City, subject to the provisions of the Charter and lawful exceptions given by State Law or City Ordinance, a rate of taxation on each One Hundred Dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in this annual budget less the amounts estimated to be received from fines, licenses, and other sources of revenue. THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2014, shall be construed with and classified with Miscellaneous Revenue anticipated during the fiscal year beginning October 1, 2014 and ending September 30, 2015, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. 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 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 TIDS THE sm DAY OF SEPTEMBER, 2014. City ofNederland, Texas ATTEST: GaYFCf ll)City Cl~r City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ORDINANCE NO. 2014-17 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2014, LEVYING AND ASSESSING TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND AND THE MUNICIPAL GOVERNMENT THEREOF; APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; AND PROVIDING FOR THE INTEREST AND SINKING FUND. WHEREAS, pursuant to the provisions of the Tax Code of the State ofTexas, the tax assessment rolls to be used for the collection of taxes for the captioned year, wherein the value of all property situated within the City ofNederland, subject to ad valorem taxes for the tax year 2014, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $1,072,409,333; now, therefore, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND, WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.63 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $0.89; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: -That the tax assessment rolls furnished by the City's Tax Assessor-Collector, based upon the certified roll furnished by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $1,072,409,333, shall become the tax assessment rolls of the City of Nederland for the year 2014, less all exemptions provided by either State Law or City ordinance in the amount of$80,972,053. SECTION 2: -That there is hereby levied for the current year, 2014, and there shall be collected for the use and support of the municipal government of the City ofNederland, and to provide interest and sinking funds for the fiscal year ending September 30, 2015 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of59. l 853 cents on each one hundred dollars ($100) valuation of property; said tax being so levied and apportioned to the specific purposes hereinafter set forth: (a) For the maintenance and support of the general government (General Fund), 37.2368 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 21.9485 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying fees, interest and principal of Two hundred nine thousand, dollars ($209,00o:o·o) on the General Obligation Bonds, Series 2008, 2.1183 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying fees, interest and principal of One million, two hundred ninety-five thousand, two hundred fifty dollars ($1,295,250.00) on the General Obligation Refunding Bonds, Series 2010, 13.1280 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying fees, interest and principal of Three hundred thirty-one thousand, five hundred thirty-three dollars ($331,533.00) on the General Obligation Refunding Bonds, Series 2012, 3.3602 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying fees, interest and principal of One hundred thirty-seven thousand, one hundred dollars ($137,100.00) on the General Obligation Refunding Bonds, Series 2013, 1.3896 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying fees, interest and principal of One hundred ninety-two thousand, six hundred twenty-five dollars ($192,625.00) on the Tax and Revenue Certificates of Obligation, Series 2013, 1.9524 cents on each one hundred dollars ($100) valuation of property. SECTION 3: -The Jefferson County Tax Assessor-Collector (who, pursuant to contract, is the Tax Assessor-Collector for the City of Nederland) is hereby directed to prepare Tax Statements and proceed with the collections of the 2014 taxable year, and the amounts collected shall be deposited in the Depository of the City of Nederland, to be distributed in accordance with this Ordinance. SECTION 4: -That if any provision, section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall for any reason be held to be unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance; and to this end all provisions of this ordinance are declared to be severable. PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING nns THE s•h DAY OF SEPTEMBER, A.D., 2014. ~~ City ofNederland, Texas ATTEST: if R~?~~,(JhfV\- City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY Of NEDERLAND 4:30 p.m. Septembe r 22, 2014 1 . MEETING The meeting was ca.lied 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. 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 Tern Albanese and seconded by Councilmember Austin to approve the Consent Agenda Items 3 a-fas presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -September 8, 2014 regular meeting b. August 2014 Departmental Reports c. Tax Assessor-Collector Report -August 2014 d. Consider action approving a request from Ridgewood Baptist Church to utilize Doornbos Park for a "Bike-A-Thon." e.. Consider action authorizing the. clas.ure. of Bos.tan Avenue. from 15th Stre.e.t to 17th Street on September 25, 2014 from 6:30 to 9:00 p.m. for the "Remember Me Thursday Pet Candle-Lighting Ceremony." f. Payments: • LaBiche Architectural Group, Inc. -$2,406.06, Homer E. Nagel Public Safety Complex project • LaBiche Architectural Group, Inc. -$16,413.64, Homer E. Nagel Public Safety Complex Roof project • LD Construction -$168,535.70, 2014 Asphalt Street Rehabilitation project • Allco, Inc. -$142,505. 78, Hurricane Ike Round 2.2 Wastewater Collection Rehabilitation project 4. REGULAR AGENDA a. Angela Fanette, Director of Parks & Recreation, presented a plaque of appreciation to Domino's Pizza of Nederland for their support and participation in various Parks and Recreation events throughout the year. The general manager has made efforts ta be involved by providing free pizza during "dive-in" movies at the pool, Minutes Continued, September 22, 2014 Christmas on the Avenue, as well as other events. Casey LeBleu, General Manager, and his wife accepted the plaque and thanked everyone for this honor. b. Chris Duque, City Manager, reported Mr. Youngs has requested to address City Council regarding after hours opossum animal control services. He reminded everyone of previous council action that limited animal control services to normal working hours unless there was an emergency such as an animal attack or wounded animal suffering. This action was taken in an effort to curb overtime costs. Mr. Youngs contacted the City Manager's office after some issues arising from opossums in his yard. He had an opossum trapped on his property on a Friday evening and requested animal control respond. He was informed this was not an emergency, and animal control would respons.e during normal working hours. Mr. Duque stated he explained the city's policy to Mr. Youngs and informed him If he was unsatisfied with the policy, he could address city council. Price Youngs, 2307 Helena Avenue, reported he has been a resident of Nederland since 1971. He has 2 small terrier dogs. He said most of the time opossum's come and ga but once in a while they get in his privacy fence and trap the dogs. He asked for help from animal control and was told they would not come out after hours. He explained an incident where he had an opossum t rapped on a Friday evening and didn't receive a call from Animal Control until the next morning around 11:00 a.m. He told council he should receive help when he has a problem no matter what time it is. Mr. Duque advised our Animal Control policy is not inconsistent with su rrounding city policies. Councilmember Austin suggested we look at our current policy. c. Chris Duque, City Manager, reported to City Council the Nederland Chamber of Commerce will no longer be able to help cover the costs of the 4th of July fireworks show. In the past the City and the Chamber each paid $5,000.00 for the combined $10,000.00 deposit to the fireworks vendor. Last year's show cost $25,000.00 and sponsorships covered the remaining portion. Further complicating matters, the fireworks vendor (ProFX) informed Ms. Fanette they cannot participate in next year's event due to commitments with the Houston Dynamos. The City will have to bear the increased financial investment. No action is necessary. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Change Order #9 (+$17,561.25) -Homer E. Nagel Public Safety Complex project to include: hand washing of masonry walls, pressure wash and paint existing plaster canopy at rear of building, install additional storm piping and catch basins for roof drains to include concrete break/repair, and patching of asphalt. MOTION CARRIED> Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belai re. Noes: None. e. Purchases: i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to authorize t he purchase of various vehicles for the Nederland Police Minutes Continued, Se ptember 2 2, 2014 Department, Public Works Department, Parks & Recreation Department, and Code Enforcement. 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 authorize the installation of radios, remotes, and speakers in the Nederland Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilrnernber Austin to approve an interlocal agreement for the 2014 Port Security Grant Program subject to final legal review and approval. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g . A moti.on was made by Councilmernber Neal and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2014-18, declaring certain utility accounts as uncollectable. MOTI ON CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Nea l, Albanese, and Belaire. Noes: None. h. A rnoti.on was made by Councllrnember Austin and seconded by Councilrnernber Nea l to approve Ordinance No. 2014-19, amending the FY 2013-2014 budget. 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 a request from Sunoco Partners Marketing & Terminals, LP. for an ad valorem tax abatement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5: 18 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 5:39 p.m. by Mayor Nugent. 7. COMMUNICATION City Manager's Report: Minutes Continued, September 22, 2014 a. Homer E. Nagel Public Safety Complex Project Update -front is completed and concrete work is continuing in the back of the building estimated to be complete by October 7th. b. Homer E. Nagel Public Safety Complex ribbon cutting on Tuesday, October 7th c. National Night Out -Tuesday, October 7th 8. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:48 p.m. MOTION CARRIED. Ayes.: Mayor Nugent, Cauncilmembers Aus.tin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugent, a City of Nederlan , Texas ATTEST: CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor J Talmadge Austin Council Member -Ward I v Billy Neal Council Member -Ward II v Don Albanese Council Member-Ward Ill v/ Craig Belaire Council Member -Ward IV ·J Chris Duque City Manager v Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance v Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works v George Wheeler Building Official Victoria Klehn Librarian v \ ~ Holly Guidry Human Resources Director Joni Underwood Executive Secretary v Angela Fanette Parks Director ·/ September 22. 2014 Date TERRY WUENSCHEL TAX ASSESSOR-COUECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Terry Wuenschel, 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 $29,148.18, represents all taxes collected for CITY OF NEDERLAND during the month of August 2014. JEFFERSON COUNTY COURTHOUSE• P.O. BOX 2112 •BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 ORDINANCE NO. 2014-18 AN ORDINANCE ACCEPTING UTIL.ITY ACCOUNTS RECEIVABLE CHARGE-OFFS IN THE AMOUNT OF S 11,184.77 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9-30-14 IN THE CITY OF NEDERLAND. WHEREAS, Generally Accepted Accounting Practices require that uncollectible accounts receivable be written off to reflect accurate revenues; and, WHEREAS, Based on auditor recommendations it is desirable to present uncollectiole accounts to be charged off, NOW, THEREFORE, BE .IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The City ofNederland's book of accounts of the Water Billing/Collecting Department are hereby corrected to reflect the following charge-offs for fiscal year2013-14 in the amount of$ 11,184.77 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 22nd day of September, A.D., 2014. ATTEST: City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ATIACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITIEN OFF FOR FYE 2013-2014 Account Number Amount 01-0520-04-0 14.24 01-1550-04-0 188.95 01-1670-00-0 18.90 02-0760-08-0 270.17 02-0817-08-0 195.39 02-2220-06-0 26.65 02-2630-03-0 115.48 03-0300-03-0 . 30.92 03-0360-05-0 72.59 03-0800-10-0 65.53 03-0820-01-0 132.32 03-0890-02-0 26.41 03-1390-01-0 14.81 04-0340-07-0 53.57 04-0975-01-0 92.30 04-1700-19-0 32.97 04-2045-01-0 35.76 04-3080-05-0 64.56 04-4500-09-0 16.59 04-4560-07-0 387.99 04-4690-03-0 671.84 05-0490-10-0 134.60 05-2050-12-0 75.84 05-3720-14-0 301.08 05-3720-15-0 16.22 05-3780-03-0 21.67 05-3951-13-0 118.35 05-4060-03-0 16.43 05-4060-05-0 78.71 05-4255-01-0 142.37 06-0470-05-0 75.38 06-0590-05-0 134.18 06-0590-06-0 81.23 06-0630-06-0 12.10 06-1390-17-0 22.83 06-1500-06-0 191.44 06-2480-02-0 25.86 06-2600-19-0 44.76 06-2870-02-0 230.98 06-2980-01-0 22.87 07-0090-06-0 69.85 07-0470-11-0 184.37 07-0580-12-0 38.15 08-1260-00-0 216.49 08-1830-02-0 77.82 08-1850-09-0 82.87 . 09-0440-13-0 63.45 09-0710-14-0 28.06 09-0790-11-0 128.31 09-1030-10-0 39.91 09-1620-07-0 23.56 10-0160-01-0 44.04 10-0230-01-0 120.54 AITACHMENT"A" PAGE20F2 10-2500--01-0 235.54 10-4120--02-0 1,450.90 11-1760-15-0 65.35 11-3290-01-0 122.35 12-0380-07-0 14.05 12-0435-01-0 74.56 12-0770-06-0 107.12 12-0871-01-0 61.19 12-1320-00-0 118.97 13-0670-14-0 29.71 13-0730-02-0 66.41 13-1010-10--0 74.33 13-1600-04-0 122.70 13-1762-04-0 72.65 14-0550-03-0 107.49 14-1440-05-0 22.16 14-2030-05-0 201.60 14-2090-00-0 22.14 15-0840-08-0 118.47 15-1070-11-0 29.79 15-2300--06-0 69.16 15-2430--07-0 128.52 15-2500-08-0 35.05 15-2610-13-0 97.51 16-0290-10-0 40.64 16-0410-05-0 74.06 16-0470-13-0 17.02 16-1280-05-0 33.98 16-1300-03-0 45.36 16-1370-13-0 27.62 16-1720--03-0 139.00 16-2290-09-0 287.57 16-2530-()0-0 19.92 16-2550-04-0 10.67 16-2680-11-0 49.15 17-0260-08-0 69.00 17-0665-06-0 76.38 17-0930-00-0 144.07 17-0946-06-0 52.49 17-1225-02-0 26.56 17-1590-16-0 35.17 18-1860-15-0 44.42 18-2470-07-0 121.63 19-0150-00-0 197.90 19-0760-02-0 200.25 20--0330-11-0 90.10 20-0590-04-0 47.52 20-1460-14-0 18.29 21-1800-03-0 75.13 21-2860-01-0 118.57 22-2830-03-0 43.39 22-2850-17-0 92.15 24-0990--05-0 146.78 TOTAL 11,184.77 00 ORDINANCE NO. 2014-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2013- 2014 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2013-16, which adopted the Fiscal Year 2013-2014 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 2013-2014 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2014 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2013 and ending September 30, 2014, 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 2013-2014 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 22nd DAY OF SEPTEMBER, 2014. ATIEST: Gavfel:g on, City Cle APPROVED AS TO FORM AND LEGALITY: CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2013-2014 DATE: September 22, 2014 DEPARTMENT: Various FUND: General (01) AMOUNT CURRENT INCREASE ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) 01-0000-4120 Industrial In-lieu-of Tax Payments 1,375,000 235,695 01-0000-4130 Sales Tax 2,450,000 200,000 01-1200-6313 Leoal Services 45000 750 01-1300-6110 Salaries & Waoes 254,583 630 01-1300-6124 TMRS 19,875 50 01-1300-6126 Social Security 20,010 50 01-1300-6393 Contractual Services 50,000 25,000 01-1500-6110 Salaries & Waoes 107,048 6,330 01-1500-6124 TMRS 8,400 510 01-1500-6126 Social Security 8,263 490 01-1600-6110 Salaries & Wages 101.n9 780 01-1600-6124 TMRS 8,428 60 01-1600-6126 Social Security 8,290 60 01-1900-6265 Supplies/Minor Tools & Equipment 1,600 1,600 01-1900-6350 Bldo/Structure Improvements 3,000 14,500 01-2100-6110 Salaries & Wages 1,491,151 8,570 01-2100-6111 Overtime 200,000 10,000 01-2100-6124 ITMRS 142,095 670 01-2100-6126 Social Security 139,765 650 01-2100-6265 Supplies/Minor Tools & Equipment 8,700 15,000 01-2100-6350 Blda/Structure Improvements -3,400 01-2100-6384 Prisoner Cost 20,000 7,000 01-2100-6393 Contractual Services 10,000 6,000 01-2101-6115 Extra Help 18,000 5,000 01-2101-6126 Social Security 1,374 400 01-2101-6222 Motor Vehicle Fuel 8,000 1,500 01-2101-6236 Foods 12,000 2,000 TOTAL 2,693,361 111,000 JUSTIFICATION End of year line-item correction Depl Head Signature_: ________________ _ Date: Finance Director: Date: PROPOSED BUDGET 1,610,695 2,650,000 45,750 255,213 19,925 20,060 75,000 113,378 8,910 8,753 108,559 8,488 8,350 3,200 17,500 1,499,721 210,000 142,765 140,415 23,700 3,400 27,000 16,000 23,000 1,774 9,500 14,000 2,804,361 ------ ------ Date Approved: Date Posted: _____ _ Page of ___ _ CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2013-2014 DATE: September 22, 2014 DEPARTMENT: Various FUND: General (01) AMOUNT CURRENT INCREASE ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) 01-2200-6110 Salaries & Waaes 851,495 7,850 01-2200-6124 TMRS 75,624 630 01-2200-6126 Social Security 74,384 610 01-2200-6111 Overtime 70,000 20,000 01-2200-6341 Insurance General 4,472 7,800 01-2200-6355 Vehicle & Eauipment R&M 21,000 60,000 01-2400-6110 Salaries & Wages 114,531 550 01-2400-6124 TMRS 8,991 110 01-2400-6126 Social Securitv 9,915 110 01-2400-6393 Contractual Services 25,000 (5,000 01-2500-6121 Group Insurance 12,600 (5,000 01-3000-6110 Salaries & Wages 154,023 630 01-3000-6124 TMRS 12,841 50 01-3000-6126 Social Securitv 11,945 50 01-3100-6111 Overtime 35,000 (15,000' 01-3100-6222 Motor Vehicle Fuel 38,500 (5,000' 01-3100-6246 Street & Bridge Suoolies 85,000 (25,000' 01-3100-6354 Traffic Liahts 9,000 (9,000 01-3100-6110 Salaries & Waaes 371,218 3,390 01-3100-6124 TMRS 32,428 720 01-3100-6126 Social Securitv 31,896 270 01-3200-6110 Salaries & Wages 149,512 150 01-3200-6111 Overtime 19,000 8,000 01-3200-6124 TMRS 13,430 20 01-3200-6126 Social Security 13,100 20 01-3200-6341 Insurance General 1,589 2,000 01-3200-6351 Vehicle & Eauipment R&M 2,600 3,400 01-3200-6391 Support of Animal Shelter 5,000 2,500 TOTAL 2,254,094 54,860 JUSTIFICATION End of year line-item correction Dept. Head Signature_: ________________ _ Date: Finance Director: Date: Date Approved: Date Posted: Page of ___ _ PROPOSED BUDGET 859,345 76,254 74,994 90,000 12,272 81,000 115,081 9,101 10,025 20,000 7,600 154,653 12,891 11,995 20,000 33,500 60,000 - 374,608 33,148 32,166 149,662 27,000 13,450 13,120 3,589 6,000 7,500 2,308,954 ------ ------ ------ CITY OF NEDERLAND BUDGETAMENDMENTREQUEST FISCAL YEAR: 2013-2014 DATE: September 22, 2014 DEPARTMENT: Various FUND: General (01} AMOUNT CURRENT INCREASE ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) 01-5100-6110 Salaries & Wages 128,826 870 01-5100-6111 Overtime 7,500 5,000 01-5100-6124 TMRS 10,670 70 01-5100-6126 Social Security 18,910 70 01-5100-6256 Chemicals & Insecticides 25,000 4,500 01-5100-6265 Suoolies/MinorTools & EQuipment 20,000 3,000 01-5100-6348 Electricity 32,000 13,000 01-5100-6350 Bldg/Structure Improvements 40,000 (40,0001 01-5100-6393 Contractual Services 13,000 4,500 01-5100-6720 Buildings, Fixtures & Grounds 25,000 (25,000' 01-5500-6265 Suoolies/Mlnor Tools & Equipment 7,375 7,825 01-5500-6348 Electricitv 30,000 (10,000 01-9000-6315 Computer Svstem 65,000 20,000 01-9000-6326 Retiree Insurance 30,000 (10,000 01-9000-6336 Retiree Accrued Compensation 25,000 (25,000' 01-9000-6371 Senior Citizen Center 27,000 10,000 01-9000-6393 Contractual Services 55,000 (50,000' 01-9000-6400 Special Programs 30,000 (20,000' 01-9000-6406 Contingencv 115,640 (50,000' 01-9000-6409 Vacation Buv Back 22,000 (22,000' 01-9000-6411 Preventive Care Reimbursement 35,000 (35,000 01-9000-6904 Transfer to Parks Special Fund 45,000 105,000 01-9000-6907 Transfer to Capital OuUav Fund 678,376 130,000 01-9000-6939 Transfer to Street Improvement Fund -250,000 TOTAL 1,486,.297 266,835 JUSTIFICATION End of year line-item correction Dept Head Signature_: ________________ _ Date: Finance Director: Date: Date Approved: Date Posted: Page of ___ _ PROPOSED BUDGET 129,696 12,500 10,740 18,980 29,500 23,000 45,000 - 17,500 - 15,200 20,000 85,000 20,000 - 37,000 5,000 10,000 65,640 - - 150,000 808,376 250,000 1,753,132 ------ ------ ------ ... CITY OF NEDERLAND BUDGETAMENDMENTREQUEST FISCAL YEAR: DATE: DEPARTMENT: FUND: ACCOUNT NO. 50-6000-6110 50-6000-6124 50-6000-6126 50-s100-S110 50-0100.6124 50-S10Q.6126 50-6200-6393 50-S300-6110 50-Q300-S124 50-S300-6126 50.9000-6409 50-9000-6411 50.9000-6937 52-3300-6110 52-3300-6111 52-3300-6124 52-3300.6126 52-3300-6390 52-3300-6397 52-9000-6411 31-0000-6902 70-1700-6742 2013-2014 September 22, 2014 Various Water & Sewer (50), Solid Waste (51) Capital Outlay (31), Central Dispatch (70) ACCOUNT TITLE Salaries & Wages TMRS Social Security Salaries & Waaes TMRS Social Security Contractual Services Salaries & Wages TMRS Social Securitv Vacation Buy Back Preventive Care Reimbursement Transfer to SSES Project Salaries & Wages Overtime TMRS Social Security Waste Disposal Green Waste Disposal Preventive Care Reimbursement Transfer to General Fund Motor Vehicles TOTAL CURRENT BUDGET 315,140 29,286 28,806 214,129 17,050 17,153 608,000 394,827 36,412 35,820 30,000 10,000 25,000 295,606 12,000 24,159 23,763 275,000 10,000 2,000 - - 2,404,151 JUSTIFICATION End of year line-item correction Dept Head Signature_: ________________ _ Finance Director: Date Approved: Page of ___ _ AMOUNT INCREASE (DECREASE) 8,890 720 690 4,520 360 350 (30,000) 3,620 290 280 (30,000' (10,000) 25,000 960 2,000 80 80 (25,000) 15,000 (2,000 70,000 24,961 60,801 Date: Date: Date Posted: PROPOSED BUDGET 324,030 30,006 29,496 218,649 17,410 17,503 578,000 398,447 36,702 36,100 - - 50,000 296,566 14,000 24,239 23,843 250,000 25,000 - 70,000 24,961 2,464,952 ------ ------ ------ SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:00 p.m. October 13, 2014 1. MEETING The special meeting was called to order at 4:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. STREET PROGRAM Chris Duque, City Manager, reviewed the proposed 2014 Street Program. The budget for the upcoming street program is $1,951,000.00. The Street Department's General Fund is budgeted at $275,000.00, the Street Improvement Fund is budgeted at $576,000.00, and $1,100,000.00 will be transferred in from the General Fund. Mr. Duque reported that City staff is recommending dividing the street program into 3 main components: BOMAG/Chip Seal projects, Hot Mix Overlay/Resurfacing, and Concrete Raising. Later this year and in early 2015, the Streets Department staff shall spend considerable time assessing the streets in most need of repai r. A list of streets in most need of repair will be developed, BOGMAG'ed by the Streets Department, then chip sealed with Jefferson County's assistance. The City and County staff will coordinate work to minimize inconvenience to residents along these streets. $175,000 will be allocated for this component. Once the list has been completed, the list will be provided to City Council for their review. Last year, Jefferson County requested $20,000 be contributed toward road work; this year $20,000 is allocated assuming the same request will be made by the County. $235,000 is allocated for concrete street repairs. The focus will be on Avenue H and other spots as identified when the street assessment has been completed. Once again, the list will be discussed with City Council for review and approval. As w ith other years when the City has done concrete street repairs, the work requires engineering. $1.4 million is allocated for hot mix overlay/resurfacing project. In 2013, the City engaged Schaumburg & Polk Inc. to conduct an extensive assessment of various city streets. After last year's street assessment, there are 4 remaining road projects. Staff is recommending addressing 18th Street (Canal Avenue to Spurlock), South 12th Street (Avenue H to Avenue B), South 9th Street (Nederland Avenue to Avenue H), and 21st Street (Nederland Avenue to Avenue H). There was discussion on how much would need to be done on South gth Street; portions of the road are still in good condition. Description Cost BOMAG/Chip Seal $175,000 Hot Mix Overlay 1,400,000 Concrete RislnQ 235,000 Jefferson County Material 20,000 EnQineerina 120,000 TOTAL AVAILABLE FUNDS $1,951,000 Mr. Duque informed council an item is on today's Council meeting agenda to engage Schaumburg and Polk, Inc. to begin developing plans and specifications for the hot mix overlay projects. The interlocal agreement with Jefferson County for roadwork will be presented in early 2015. With t he planned work on 18th Street, it is necessary to be one of the first entities bidding and scheduling road work; the work must begin the first week after the school year ends and construction completed by early August. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 4:18 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A:9 nt, yor City of Nederl :, Texas ATTEST: G'avFergu~tYCI? City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor J Talmadge Austin Council Member -Ward I v Billy Neal Council Member -Ward II v Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV v Chris Duque City Manager v Gay Ferguson City Clerk \/ Jesse Branick City Attorney v Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief , Steve Hamilton Director of Public Works v George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. October 13, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 council member 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 Albanese and seconded by Councilmember Austin to approve the Consent Agenda Items 3 a-d as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -September 22, 2014 regular meeting b. Tax Assessor Collector Report -September 2014 and Fiscal Year End Report c. Street Closure Requests: • Consider action authorizing the closure of Franklin Street between 12th and 13th Streets on October 3Qth for the Langham Elementary School's "Annual Fall Festival." • Consider action authorizing the closure of Boston Avenue from 15th Street to the Entergy ROW on October 29th for the Nederland Chamber of Commerce's "Trunk or Treat" event. d. Payments: • Bruce's General Construction -$46,353.12, Homer E. Nagel Public Safety Complex project • Schaumburg & Polk -$6,349.95, 2014 Asphalt Street Rehabilitation project Carroll & Blackman, Inc. -$643.34, Phase II MS4 Permit Implementation Services • LaBiche Architectural Group, Inc. -$1,124.96, Homer E. Nagel Public Safety Complex project Minutes Continued, October 13, 2014 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve a proclamation in regards to the Knights of Columbus Family Week. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Gene Shaw, Eddie Labure, and David Guillot from the Knights of Columbus were in attendance to accept the proclamation. Councilmember Neal thanked the KCs for their work in the community. b. Chris Duque, City Manager, stated staff completed a survey of neighboring cities about the same size of Nederland as to their policy regarding after-hours opossum animal control services. Dwayne Borel, Animal Control Officer, reported several cities were surveyed and all had the same policy as the City of Nederland. The Animal Control Officer does not go out on nights and weekends unless it is an emergency and opossum's do not constitute an emergency. Mr. Borel stated Animal Control comes out on weekends to feed the animals and clean the shelter and would handle any calls that come in at that time. Price Youngs, 2307 Helena, said his issue was not that the opossum was in the trap and Animal Control would not come out and pick it up; he was upset because he needed help getting the opossum in the trap and couldn't get help. There was discussion on whether Police Officers could go out and assist catching opossums if they were not on another call, however, later it was agreed it would not be a good idea to take officers off of other calls. Mayor Nugent said the City will look at this issue at a later time, if the problem continues. c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to amend the City of Nederland's Wage Scale policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. Bids: i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to award the purchase of a Ford F-Super Duty truck in the amount of $52,134.00 and a Ford F250 truck in the amount of $30,878.00 for the Public Works Department. 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 award a bid for the J. M. Stafen Addition Waterline project to Allco, Inc. in the amount of $278,278.50 funded through the Texas Department of Agriculture's Community Development Block Grant Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Minutes Continued, October 13, 2014 Noes: None. iii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to award a bid for windstorm insurance to Victor o. Schinnerer & Co., Inc. for a total policy annual premium of $152,880.10. 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 approve a work authorization with Schaumburg & Polk, Inc. for the 2015 Flexible Pavement Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5: 12 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 5:32 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Veterans' Park Committee -Mr. Duque requested city council to appoint a committee to assist with the planning of Veterans' Park. The Mayor suggested Councilmember Austin serve on this committee. b. Miscellaneous - • Mr. Duque reported there were no bids submitted for the repair of the Senior Citizen Center and staff is in the process of soliciting sealed quotes. • The Chamber Coffee is tomorrow at Rao's Bakery • Mr. Duque commended the Police Department, Fire Department, and Parks Department for their work on National Night Out. • The City Manager thanked the Parks Department for their Monsters in the Park event. • The City Manager thanked all the staff who put the ribbon cutting together for the Homer E. Nagel Public Safety Complex. 8. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Austin to adjourn the meeting at 5:44 p.m . MOTION CARRIED. Minutes Continued, October 13, 2014 Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. City of Nederland, Texas ATTEST: G%¥.J~~~ 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 vi Billy Neal Council Member -Ward II ~ Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV vi Chris Duque City Manager v, Gay Ferguson City Clerk v Jesse Branick City Attorney ( Cheryl Dowden Director of Finance v , Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works / George Wheeler Building Official v Victoria Klehn Librarian v/ Holly Guidry Human Resources Director v Joni Underwood Executive Secretary v Angela Fanette Parks Director v R. A:NUQefltJMOr G~~(,14/M) TERRY WUENSCHEL TAX ASSESSOR-COUECTOR ·STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Terry Wuenschel, 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 $20,416.59, represents all taxes collected for CITY OF NEDERLAND during the month of September 2014. JEFFERSON COUNTY COURTHOUSE• P.O. BOX 2112 •BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. October 27, 2014 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. 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 council member 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 Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a-d as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -October 13, 2014 regular meeting and October 13, 2014 workshop meeting b. September 2014 Departmental Reports c. Consider action approving a request from Adaptive Sports for Kids to utilize the Nederland Recreation Center gymnasium for Tae Kwon Do sessions and to utilize the Doornbos Park softball field for their baseball season. d. Payments: • Schaumburg & Polk -$5,259.00, 2014 Asphalt Street Rehabilitation project • A &A Electric Company of Beaumont, Inc. -$4,500.00, Hurricane Ike Round 2.2 Wastewater Treatment System generators project • Allco, Inc. -$118,966.19, Hurricane Ike Round 2.2 Wastewater Collection Rehabilitation project 4. REGULAR AGENDA a. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Resolution No. 2014-10, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to The Patio. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, October 27, 2014 b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Resolution No. 2014-11, approving the 2014 tax roll as certified by the Jefferson County Appraisal District. 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 Austin to approve Ordinance No. 2014-20, establishing a Nederland Veterans Advisory Committee to assist with the planning of the Nederland Veterans' Park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Nea l, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to appoint Councilmember Austin, Mike Tarver, Captain Jerry Kelly, and Emma Lou Sehon to the Nederland Veterans Advisory Committee. MOTI ON CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Abstain: Councilmember Austin. e. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve Change Order No. 1 -Hurricane Ike Round 2.2 Wastewater Treatment system generators' project. MOTI ON 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 a consent to assignment of Pipeline Right of Way Easement from Equilon Pipeline Company, LLC to Zydeco Pipeline Company, LLC. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to authorize the solicitation of Request for Qualifications for elevated water storage tank evaluation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Neal and seconded by Councilmember Austin to amend the days the City would be closed for the Christmas holidays to December 25-26, 2014. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. i. A motion was made by Councilmember Austin and seconded by Cou ncilmember Nea l to approve Ordinance No. 2014-21, amending the FY 2014-2015 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, October 27, 2014 k. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve an Agreement between the City of Nederland and Sunoco for temporary industrial wastewater discharge to the City of Nederland Publically Owned Treatment Works. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:00 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 5:38 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is necessary. j. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Resolution No. 2014-12, denial and refusal of consent to a petition by MSV Limited for the addition of 72.52 acres of land to the Jefferson County Water Control and Improvement District No. 10 within the City's extraterritorial jurisdiction. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 7. COMMUNICATION City Manager's Report: a. Construction Project Update 8 . ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Austin to adjourn the meeting at 5:47 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. i!J&~s::-- R. A. Nugent, ~ City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING A TIEN DANCE SHEET NAME TITLE PRESENJ ABSENT R. A. Nugent Mayor /, Talmadge Austin Council Member -Ward I V_ Billy Neal Council Member -Ward II v Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV / Chris Duaue Citv Manager ·v Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance \/ Darrell Bush Police Chief v Gary Collins Fire Chief \/ Steve Hamilton Director of Public Works / George Wheeler Building Official \/ Victoria Klehn Librarian v/ Holly Guidry Human Resources Director v Joni Underwood Executive Secretary ct // Angela Fanette Parks Director v October 27, 2014 Date and ORDINANCE NO. 2014-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS PROVIDING FOR THE CREATION OF THE NEDERLAND VETERANS ADVISORY BOARD; DETERMINING THE TERM OF OFFICE; PROVIDING FOR THEIR DUTIES AND THE METHOD OF APPOINTMENT; AND DESIGNATI NG THE FIRST MEMBERS THEREOF AND THEIR TERM OF OFFICE AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the City of Nederland operates and maintains a municipal park system; WHEREAS, Ordinance No. 2008-09 established regulations for governing parks and related facilities within the City of Nederland; and WHEREAS, the City seeks to enhance the current quality and level of services provided by the Parks & Recreation Department through the addition of a Veterans' Park, and the mechanism to solicit public Input during this process would most effectively and efficiently function as an advisory board. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1: Chapter 76 of the Code of Ordinances, City of Nederland, Texas Is hereby amended by adding the new section numbered 76-32, which reads as follows: Sec. 76-3 2. Nederland Veterans' Advisory Board There Is hereby established the Nederland Veterans' Advisory Board, which shall be composed of five members. The terms of office for said Board shall commence on November 1st and shall be one year, and the members thereof shall be appointed at-large by and with the advice and consent of the City Council. Duties: The duties of said Board shall be to advise and recommend to the City Council on all matters related to the proposed Nederland Veterans' Park. Said Board is authorized to establish its own constitution and by-laws, and shall provide for regular and special meetings necessary to carry on Its business, separate and apart from the City of Nederland, except as herein provided. The Board shall be responsible for making recommendations and suggestions to the City Councll for the establishment of the Nederland Veterans' Park. Said Board shall not be authorized to Incur on behalf of Nederland any expense Incident to the operation of said parks and recreation program, unless expressly authorized so to do by the City of Nederland; and for their supervision, maintenance and operation and Implementation. Section 2: The term of the members appointed to represent Ward I, II, III, IV, and the Mayor's appointee shall expire on October 31, 2015. Section 3: All ordinances hereto passed by the City of Nederland contrary to or In contlict with this ordinance are hereby expressly repealed. CONSIDERED, APPROVED AND PASSED at regular meeting of the City Council this the~ day of OCTQBER, 2014. ATTEST: City of Nederland, Texas APPROVED AS TO FORM: ORDINANCE NO. 2014-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL VEAR 2014- 2015 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2014-16, which adopted the Fiscal Year 2014-2015 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 2014-2015 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2015 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2014 anct ending September 30, 2015, 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 2014-2015 ls 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 27th DAY OF OCTOBER, 2014. R.~c:::: City of Nederland, Texas ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2014-2014 ~.;....;....;=.....;_;._ _______ _ DATE: _O_c~ro_b_er_2_7~,_20_1_4 _____ __ DEPARTMENT: Various -------------FUND: Water&Sewer (50); Parks Special (25) Equipment Replacement GF (34), SSES (53) Capital Outlay (31), General Fund (01) CURRENT ACCOUNT NO. ACCOUNT TITLE BUDGET 50-6200-6349 Natural Gas - 50-6200-6393 Contractual Services 608,000.00 01-5100-6350 Building/Structure Improvements 50,000.00 01-5100-6720 Buildings, Fixtures & Grounds - 25-0000-6720 Buildings, Fixtures & Grounds 100,000.00 34-0000-67 44 Miscellaneous Eciuipment - 53-0000-6393 Contractual Services 25,000.00 31-0000-6720 Buildings, Fixtures & Grounds - 31-0000-6902 Transfer to General Fund - 01-0000-4910 Transfers In 535,000.00 01-3100-6111 Overtime 35,000.00 TOTAL 1,353,000.00 JUSTIFICATION The budget amendments are necessary to maintain operations. AMOUNT INCREASE (DECREASE) 8,000.00 (8,000.00' (30,000.00) 30,000.00 78,000.00 25,000.00 5,000.00 90,000.00 7,000.00 7,000.00 7,000.00 219,000.00 PROPOSED BUDGET 8,000.00 600,000.00 20,000.00 30,000.00 178,000.00 25,000.00 - 30,000.00 - 90,000.00 7,000.00 542,000.00 42,000.00 - 1,572,000.00 In addition, various amendments are necessary to carry over projects and funds that were not completed in the last fiscal year, such as the City Hall parking lot, sundeck, etc. Dept Head Signature: ------------------Date: ------ Finance Director: Date: ------------------------ Date Approved: Date Posted: ------- Page ____ of ______ __ CITY OF NEDERLAND RESOLUTION NO. 2014-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2014 TAX ROLL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT pursuant to the Texas Property Tax Code, Section 26.09, the City Council of the City of Nederland hereby approves the attached 2014 tax roll. PASSED AND APPROVED this the 27th day of October, 2014. ATTEST: City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse Cityo TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR October 13, 2014 City of Nederland Cheryl Dowden PO Box967 Nederland, TX 77627 Dear Ms. Dowden: SUSIE JAMES CHIEF DEPUTY Enclosed is the 2014 Certified Tax Roll Summary. Pursuant to the Texas Property Tax Code, Section 26.09, this certified tax roll summary should be approved by your Board of Directors at your next board meeting. After the approval, please return your resolution for retention in the Tax Office. If you should have any questions or require further information, please feel free to call. Sincerely, )~iJ~ TERRY WUENSCH EL Assessor-Collector of Taxes Jefferson County, Texas TW:db Enclosure cc: Christoph~r Duque grandrq>.ltr.14 JEFFERSON COUNTY COURTHOUSE• P.O. BOX 2112 •BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 10/02/2014 06..'llS pm . u:502juris _sammcy.rep vl .8 ~Seq.: 1752459 Iurisdlctloo: AG J1:r,daslooa Onurl: 11m11 ... ~c-t: BS Cappe.t Comd: ~Valae: 1'ro~c-m/Amt: l00%EumprVdCoaDlfAml: • Pro Clmibl>l& Fndlou Coaal/Amt: Pro Scllools Co1111t/Alat: Statt HOlllesle:Ocl <:out: Local B.o-4 Collllt: s-OYCr65 eo....r: Loa!Oni-'5 Co1111t: S...m!n:Spome Co1111t: Dlublcd Com1t: Total VBl' Colalt: "VET' Smmla&S,..au Cout: •ladode4 la tb Tobi VET ColllltlAmt hrd.11 Enmpt Vahus: T..Ul&Vllblc Tocal Lny Amt: FrazaaAccoll•ICont: Frazaa Dom.alto Value Ji....,. Taal>le Vaine: 1JD!roua 1-r Amt: Frazaa Lt:rt A.alt: Frazaa Lt:rt Loa Amt: ToblN.,,..EumptP~ Coant: 1 0 103 1,071,-dr,374 161 19 3 JO 4;663 0 0 .l,494 1l 2SS 97 1 26.900.SlO 991,437,lSO S,1167.isI.62 0 0 0 0.00 0.00 0.00 9.234 Tax Collcctl0» System· JBFFERSON COUNTY Ceztilied Roll Jurisdiction $wnmary Proces,siug For Tax Year. .2014 Tulbte: SlateBom: Slllte065: J>lsalll&c!: AG~dasloaAmt 11m!lcrEmaloaAmt HS Capped Amt 47,UO 0 934,079 47,312,764 1'rolldlJcb-ptaCoul/Ami: 2,141,lOO Pro YoaA Assocbt1om Cont/Amt: 379,11411 ll'b3" CouatlAmt: 2,936,770 SblaBo~Amt: Local Jlamcst"!4 Ami: Sbtc0-'5Amt: Local Ottr 65 A.alt: SunMac SpGuaAmt: DlnMoUmt: T.r.l vr;r Amt: "VET San1Ybac Spouse Amt: 0 0 0 22,130,360 165,000 3,649,\SO m.ooo 12,000 2. 1 67 OptBom: 0pto6S: OptDhahled,: ll.0000000 lS,000 0 RESOLUTION NO. 2014-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS REGARDING THE DENIAL AND REFUSAL OF CONSENT TO A PETITION BY MSV LIMITED FOR THE ADDITION OF 72.52 ACRES OF LAND TO THE JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 WITHIN THE CITY'S EXTRA TERRITORIAL JURISDICTION WHEREAS, by a letter dated August 8, 2014, the owner, MSV Limited, of 72.52 acres of land (the "land") and Jefferson County Water Control and Improvement District No. 10 (the "District; have submitted a petition (the "petition") for the addition of the land to the District a copy of which is attached hereto and labeled Exhibit "A"; and WHEREAS, the District is a political subdivision providing water and sanitary sewer services within the extraterritorial jurisdiction of the City of Nederland {the "City"); and WHEREAS, the land described in the petition is located within the extraterritorial jurisdiction of the City; and WHEREAS, Section 42.0425 of the Texas Local Government Code provides that land may not be added to political subdivisions providing water and sanitary sewer services within the extraterritorial jurisdiction of the City unless the City grants its written consent by resolution or ordinance; and WHEREAS, the City Council finds that the addition of the land to the District is not in the public interest of the citizens of the City; NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. That the petition submitted by MSV Limited and the District for the addition of the land to Jefferson County No. 10 (Exhibit "A") is hereby denied and refused. PASSED AND APPROVED this 27rH day of OCTOBER, 2014. ATTEST: ~RA~~ ay son, CitYerk APPROVED AS TO FORM AND LEGALITY: EXHIBIT A . . ~ TO: OLSO~OLSQNLLP ATTORNEYS AT LAW MEMORANDUM Jesse Branick City Attorney City of Nederland FROM: Art Pertile, 111 Olson & Olson, L.L.P. DATE: August 26, 2014 SUBJECT: Petition for Adding Land to Jefferson County Water Control & Improvement District No. 10 Under section 42.045 of the Texas Local Government Code, this denial Resolution or refusal to consent to the landowner and WC&ID No. 1 O's petition to add land will trigger a number of statutory provisions. The statute does not require the City to deny the petition; however, it is recommended that the City pass a denial Resolution as oppose to just not consenting. The Resolution removes all doubt regarding the City's intentions and it allows the City to speak with one voice to the landowner, the District, and the TECQ. Sec. 42.0425. ADDITION OF LAND IN EXTRA TERRITORIAL JURISDICTION OF MUNICIPALl1Y TO CERTAIN POLITICAL SUBDIVISIONS. (a) A political subdivision, one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services, roadways, or drainage, may not add land that is located in the extraterritorial jurisdiction of a municipality unless the governing body of the municipality gives its written consent by ordinance or resolution in accordance with this section and the Water Code. In giving its consent, the municipality may not place any conditions or other restrictions on the expansion of the political subdivision other than those expressly permitted by Section 54.016(e), Water Code. W ORTHAM TOWER, SUITE 600 I 2727 ALLEN PARKWAY I H OUSTON, T EXAS 7701 9-2133 TELEPHONE (713) 533-3800 FACSIMILE (713) 533-3888 www.olsonllp.com Memorandum to Richard Hughes City of Nederland August 26, 2014 Page 2 of 3 STEP 1. Upon the City's passage of the Resolution refusing to consent to the adding of the land MSV Limited, as the landowner, must then petition the City for extension of City water and sanitary sewer services. The statutory deadlines and procedures for this process under Section 42.0425 are set forth in Section 42.042. (b) If the governing body fails or refuses to give its consent for the creation of the political subdivision on mutually agreeable terms within 90 days after the date it receives a written request for the consent, a majority of the qualified voters of the area of the proposed political subdivision and the owners of at least 50 percent of the land in the proposed political subdivision may petition the governing body to make available to the area the water, sanitary sewer services, or both that would be provided by the political subdivision . The City should meet with MSV Limited and let them know that the City plans to involuntary annex the tract, will provide water and sanitary sewer services in accordance with its annexation service plan, and would like for MSV Limited to agree, in writing, to the portion of the annexation service plan regarding water and sanitary sewer services to the tract. The City cannot require annexation of the tract as a condition of providing the services; however, if the landowner wants to petition for the voluntary annexation of the tract into the City, we would not be opposed to it. STEP 2. Following MSV Limited's petition to the City for water and sanitary sewer services, the City has 120 days to have a legally binding commitment to provide water and sanitary sewer services with sufficient funds available to serve the tract at a reasonable cost to the landowner. The commitment must provide that construction of the facilities necessary to serve the land will begin within two years and will be substantially completed within 4-1/2 years after the date the petition was filed with the City. The legally binding commitment can be either the agreement with MSV Limited regarding the City's annexation service plan or the service plan itself. When the City annexes a tract of land, the City is bound by its annexation service plan. Memorandum to Richard Hughes City of Nederland August 26, 2014 Page 3 of 3 (c) If, within 120 days after the date the governing body receives the petition, the governing body fails to make a contract with a majority of the qualified voters of the area of the proposed political subdivision and the owners of at least 50 percent of the land in the proposed political subdivision to provide the services, that failure constitutes the governing body's consent to the creation of the proposed political subdivision. STEP 3. If the City fails to have the binding commitment within 120 days it is deemed to have consented to the addition of the land to the District. MSV Limited may then petition the TCEQ for the land to be included within the District. If the TCEQ finds that the City either does not have the reasonable ability to serve or has failed to make a legally binding commitment with sufficient funds available to provide water and wastewater service adequate to serve the proposed development at a reasonable cost to the landowner, the TCEQ will allow MSV Limited to add the land to the District. (f) If the municipality fails or refuses to give its consent to the creation of the political subdivision or fails or refuses to execute a contract providing for the water or sanitary sewer services requested within the time limits prescribed by this section, the applicant may petition the Texas Natural Resource Conservation Commission for the creation of the political subdivision or the inclusion of the land in a political subdivision. The commission shall allow creation of the political subdivision or inclusion of the land in a proposed political subdivision on finding that the municipality either does not have the reasonable ability to serve or has failed to make a legally binding commitment with sufficient funds available to provide water and wastewater service adequate to serve the proposed development at a reasonable cost to the landowner. The commitment must provide that construction of the facilities necessary to serve the land will begin within two years and will be substantially completed within 4-1 /2 years after the date the petition was filed with the municipality. In conclusion, if the City is willing to provide water and sanitary sewer services to the tract within a reasonable time at a reasonable rate, the City does not have to allow the tract to be added to WC&ID No. 10. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. November 10, 2014 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. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 council member so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a-d as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -October 27, 2014 regular meeting b. Consider action authorizing the closure of Boston Avenue from 17th Street to 13th Street and all intersections on December 5th for the Christmas on the Avenue event. c. Consider action approving Resolution No. 2014-10, ratifying the acting of the Nederland Economic Development Corporation related to the incentive offered to The Patio. d. Payments: • Walker Partners -$1,293. 75, 2010 Water System Improvements • Bruce's General Construction -$55,208.50, Homer E. Nagel Public Safety Complex project • Action Civil Engineers -$5,035.00, Nederland Avenue Drainage study • d.p. Consulting Engineers -$2,000.00, J. M. Staffen Addition Waterline project • LD Construction -$406,280.80, 2014 Asphalt Street Rehabilitation project 4. REGULAR AGENDA a. Chris Duque, City Manager, reported the Lower Neches Valley Authority is increasing the raw water rates from $0.24 per 1,000 gallons for contracted volumes to $0.26 per 1,000 gallons for contracted volumes which represents a 8.33% rate increase. The terms of the Raw Water Supply Contract clearly state the LNVA Board may adjust the rates with sufficient notice. Mr. Duque advised sufficient Minutes Continued, November 10, 2014 funds have been budgeted in the 2014-2015 budget raw water line-item; therefore, costs should be manageable. No action was necessary. b. Steve Hamilton, City Engineer, reported the re-rating for the Nederland Water Treatment Plant has been completed which is the final component of the water improvement project. The re-rating comes after the completion of the rehabilitation of the water plant. The state, after a one-year review, approved the water capacity of the Nederland Water Treatment Plant for 7.49 million gallons a day of which we currently use approximately 2 million gallons a day. Mr. Hamilton explained this capacity will allow for future commercial development. No action was necessary. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the solicitation of bids for the Green Waste Reduction and Disposal Services project. MOTION CARRIED. Ayes: Mayor Nugent, Counci lmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to appoint Andy Arnold to the Nederland Veterans Advisory Committee. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Abstain: Councilmember Austin. e. A motion was made by Councilmember Neal and seconded by Councilmember Austin to appoint a 7-member Charter Review Committee and to postpone appointments until the November 17, 2014 City Council meeting. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Ordinance No. 2014-22, amending the FY 2014-15 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve Change Order No. 10 ( + $2,835.00 for parking/paving) and No. 11 ( + $2,465.22 for additional electrical work at the Homer E. Nagel Public Safety Complex. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Change Order No. 1 ( + $332,072.37 for additional sewer line segment rehabilitation) -Hurricane Ike Round 2.2 Wastewater Collection Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, November 10, 2014 i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2014-23, denying the distribution cost recovery requested by Entergy Texas, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. j. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2014-24, discontinuing, closing, and abandoning an alley right-of-way (0.06343 acre tract to be abandoned out of Block 15 Town of Nederland). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. COMMUNICATION City Manager's Report: a. Veterans' Day program -November 11th@ 10:00 a.m. b. 2nd November City Council meeting -November 17th@ 4:30 p.m. 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 5:17 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ATIEST: f3wi,Jl.~L4-M - 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 Ill v Craig Belaire Council Member -Ward IV v Chris Duque City Manager v Gay Ferguson City Cl~rk \/ Jesse Branick City Attorney \/ Cheryl Dowden Director of Finance v Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works George Wheeler Building Official v Victoria Klehn Librarian v Holly Guidry Human Resources Director v Joni Underwood Executive Secretary / v Angela Fanette Prarks Director v R.A~ November 10, 201 4 Date RESOLUTION 2014-10 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people ofNederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1 %) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and Wll.tREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to project costs associated with The Patio, in an aggregate maximum amount of not more than Ten Thousand dollars ($10,000.00), in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 27th day of October , 2014 at which meeting a quorum was present and voting. ATTEST: r}¥11,v~~ Gay Fergus~: rt}'Cie; City of Nederland, Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this J.DN..e.ay of h}i.Jember, 2014 at which meeting a quonun was present and voting. ATTEST: GaY Fer on, City C rlC City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: ORDINANCE NO. 2014-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2014- 2015 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2014-16, which adopted the Fiscal Year 2014-2015 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 2014-2015 City budget states ''That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2015 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October l, 2014 and ending September 30, 2015, 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 2014-2015 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 10th DAY OF NOVEMBER, 2014. ATTEST: APPROVED AS TO FORM AND LEGALITY: 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2014-2015 ---'----'----------DATE: November 10, 2014 DEPARTMENT: Various ----------~ FUND: Police Narcotic (20) AMOUNT CURRENT INCREASE ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) 20-0000-6115 Extra Help -10,000.00 TOTAL -10,000.00 JUSTIFICATION PROPOSED BUDGET 10,000.00 10,000.00 The budget amendment is necessary to fund a Part-Time Clerk pasition at the Nederland Police Department Chief Bush requested the position; after several meetings, I have approved the additional position on a temporary basis. Dept Head Signature: -----------------Date: ------ Finance Director: Date: ----------------------- Date Approved: Date Posted: ------ Page of ___ _ ORDINANCE NO. 2014-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON SEPTEMBER 18, 2014; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS WHEREAS, on or about September 18, 2014 Entergy Texas, Inc. ("Entergy") filed an Application for Authority to Implement a Distribution Cost Recovery Factor with the City to increase electric rates by implementing new riders pursuant to Public Utility Regulatory Act ("PURA") Section 36.210; WHEREAS, the proposed Distribution Cost Recovery Factor rates proposed by Entergy Texas, Inc. would increase customer rates in the Entergy Service Area by $6,980,180 per year; WHEREAS, the jurisdictional deadline for the City to act in this rate matter is November 17, 2014; WHEREAS, the expert utility rate consultants retained to review the Company's Distribution Cost Recovery Factor rates on behalf of the City have issued a preliminary report and concluded that Entergy has incorrectly calculated the proposed Distribution Cost Recovery Factor and substantially overstated the claimed need for the rate increase requested. The consultants' analyses support substantial reductions to the Entergy request. WHEREAS, the rate experts retained for the rate review have concluded that Entergy's rate filing request is unsupported; WHEREAS, Entergy has failed to properly support and justify the rate class increase amounts for Entergy's proposed class allocation of certain distribution costs; WHEREAS, Entergy has failed to justify Entergy's proposed rates included In lighting service; WHEREAS, the statutory deadline to act on Entergy's Distribution Cost Recovery Factor rate increase request is November 17, 2014; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby In all things approved and adopted. Section 2. The City of Nederland, Texas hereby denies the Entergy Distribution Cost Recovery Factor rate increase. Sect.ion 3. Entergy's Distribution Cost Recovery Factor rate increase application on file with the City is denied in total. Section 4. 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. 1 Section 5. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this 10™ day of NOVEMBER, 2014. ATTEST: City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 2 THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd., Suite R-275 •Austin, Texas 78738 • 512/322-0019 • Fax: 855/298-7978 Via E-Mail Mr. Richard Ferguson City Attorney -City of Anahuac 13201 Northwest Freeway, Suite 300 Houston, Texas 77040 Mr. Kyle Hayes City Manager -City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Ms. Dion Miller· City Manager-City of Cleveland 907 E. Houston Cleveland, Texas 77327 Mr. Kenneth Wall City Attorney -City of Cleveland Olson & Olson Wortham Tower, Suite 600 2727 Allen Parkway Houston, Texas 77019 Mr. Felix Skarpa Mayor -City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. James Black City Attorney-City of Groves 3535 Calder A venue, Suite 300 Beaumont, TX 77706 October 14, 2014 Mr. Tyrone Cooper City Attorney -City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Mr. Paul Fukuda City Attorney -Bridge City 260Rachal Post Office Box 846 Bridge City, Texas 77611 Mr. David Olson City Attorney -City of Cleveland Wortham Tower, Suite 600 2727 Allen Parkway Houston, Texas 77019 Mr. Mark Winberry City Attorney -City of Conroe P.O. Box 3066 Conroe, Texas 77305 Mr. David Douglas City Manager -City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. D. E. Sosa City Manager -City of Groves P.O. Box 3286 Port Arthur, Texas 77643 1 Ms. Tina Paez City of Houston Administration & Regulatory Affairs Department (ARA) 611Walker,10th Floor Houston, Texas 77002 Mr. Leonard Schneider City Attorney -City of Huntsville Liles Parker, PLLC 800 Rockmead Dr., Ste 165 3 Kingwood Place Kingwood, TX 77339 Mr. Gary Broz City Manager-City of Liberty 1829 Sam Houston Liberty, Texas 77575 Mr. Cary Bovey Law Office of Cary L. Bovey, PLLC 2251 Double Creek Dr., Suite 204 Round Rock, Texas 78664 Mr. Jesse Branick City Attorney -City of Nederland 221Hwy.69 South, Suite 100 (office) Nederland, Texas 77627 Ms. Vicky Rudy City Manager -City of Oak Ridge North Oak Ridge North 27424 Robinson Road Oak Ridge North, Texas 77385 Mr. Shawn Oubre City Manager -City of Orange 803 W. Green Avenue, Room 201 Orange, Texas 77630 Mr. Tommy Gunn City Attorney-City of Pinehurst 202 S. Border Orange, Texas 77630 Ms. Yushan Chang City of Houston Legal Department P.O. Box 368, Houston, Texas 77001-0368 City Hall Annex, 4th Floor 900Bagby Houston, Texas 77001-0368 Mr. Matt Benoit City Manager -City of Huntsville 1212Ave. M Huntsville, Texas 77340 Mr. Bryan Fowler City Attorney-City of Montgomery 101 Old Plantersville Road Montgomery, Texas 77316 Mr. Brad Stafford City Manager -City of Navasota 202 E. Washington Navasota, Texas 77868 Mr. Christopher Duque City Manager -City of Nederland P.O. Box 967 Nederland, Texas 77627 Ms. Heather Neeley City Secretary-City of Oak Ridge North 27424 Robinson Road Oak Ridge North, Texas 77385 Mr. Rodney Price City Attorney-City of Pine Forest City Attorney -City of Rose City 215 W. Freeway Vidor, Texas 77662 Mr. Joe Parkhurst City Administrator -City of Pinehurst 2497 Martin Luther King Jr. Drive Orange, Texas 77630 2 ., Ms. Val Tizeno City Attorney-City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77640 Mr. Pete Steele City Attorney-City of Port Neches 3120 Central Mall Drive Port Arthur, Texas 77642 Mr. Greg Smith City Manager-City of Shenandoah 29955 IH-45 N. Shenandoah, Texas 77381 Mr. Tommy Bartosh City Manager-City of Silsbee 105 South 3rc1 Street Silsbee, Texas 77656 Mayor Dorothy Welch City Attorney Leonard Schneider City of Splendora P.O. Box 1087 Splendora, Texas 77372 Mr. Guy N. Goodson City Attorney -City of Vidor P.O. Box 4915 Beaumont, Texas 77704-4915 Mr. Joe Alford City Attorney-City of West Orange 105 Market Orange, Texas 77630 Mr. John Comeaux City Manager-City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77640 Mr. Andre Wimer City Manager-City of Port Neches 634AvenueC Port Neches, Texas 77651 Mr. Harry Wright City Attorney -City of Silsbee PO Box 186 Port Neches, Texas 77651 Mr.LarrySaurage City Manager -City of Sour Lake 655 W. Barkley St. Sour Lake, Texas 77659 Michael Kunst City Manager -City of Vidor 1395 N. Main St Vidor, Texas 77662-3726 Mayor Roy McDonald Mayor-City of West Orange 2700 Western Avenue West Orange, TX 77630 Michael S. Stelly City of West Orange, Texas 2700 Austin Avenue West Orange, TX. 77630 Re: Rate Ordinance and Recommendation as to Entergy Texas, Inc. 's Application for Approval of a Distribution Cost Recovery Factor Dear Cities: This letter is in regard to Entergy Texas Inc. 's ("Entergy" or "Company'') application for · approval of a Distribution Cost Recovery Factor ("DCRF"), which has been filed with each of the Cities in Entergy's service area. Entergy filed the DCRF application with Cities on or about September 18, 2014. Cities have 60 days to pass a Rate Ordinance accepting, modifying, or rejecting a DCRF Application. Cities' deadline to pass a Rate Ordinance is November 17, 2014. 3 Concurrent with its DCRF application in the cities, Entergy has filed the same application with the Public Utility Commission of Texas ("Commission") for customers located outside the Cities. Entergy requests implementation of a rider that would collect approximately $7 million in additional annual revenue to cover increased distribution expenses. Residential customers would be charged approximately $4.5 million or 64% of the requested increase, which amounts to approximately $0.78 per month for an average residential customer using 1000 kWh per month. Certain adjustments proposed by Entergy are inconsistent with the rule authorizing a DCRF, specifically P.U.C. SUBST. R. 25.243. The rate consultant, ReSolved Energy Consulting ("REC'), reviewed Entergy's application and advises that correcting Entergy's erroneous adjustments results in a reduction to the Company's request of$1.9 million annually. As the rate consultant explains in the attached report, the Company calculated its weather normalization adjustment incorrectly and the Company inappropriately included bad debt expense in its DCRF revenue requirement. The Commission developed a detailed formula that utilities must follow when calculating the revenue requirement for a DCRF. Both of the adjustments outlined above run afoul of this formula, overstating the need and magnitude of the DCRF rate increase. The consultants have determined other areas of the Company's proposal likely overstate the DCRF and we are waiting on the Company to provide additional data so these analyses and investigations may be completed. As such we recommend that the Cities deny Entergy's application in total. The Cities' jurisdictional deadline to make a decision on Entergy's request is November 17, 2014. We have attached the experts' report along with a recommended Rate Ordinance denying Entergy's application for a DCRF rate change. Once Cities deny the Entergy rate increase request these Rate Ordinances will be appealed to the Commission where these matters will be litigated and ultimately decided. If there are any questions or concerns, please do not hesitate to call. Sincerely, D~~J~M!Ulj Attachments 4 A RESOLVED ~ ENERGY CONSULTING October 2, 2014 Mr. Dan Lawton The Lawton Law Firm, P .C. 12600 Hill Countzy Blvd. SuiteR-275 Austin, TX 78738 RE: PUCT Docket No. 43111 Application of Entergy Texas, Inc. for approval of a Distribution Cost Recovery Factor Dear Dan, ReSolved Energy Consulting, LLC ("REC") has completed its initial review of the Entergy Texas, Inc. ("ETI" or "Company") application for approval of a Distribution Cost Recovery Factor ("DCRF") pursuant to §25.243 of the Public Utility Commission of Texas ("PUC") substantive rules. Our review identified certain adjustments proposed by ETI which are not consistent with the requirements of the rules and do not result in reasonable and necessary rates. The proposed DCRF is significantly impacted by the Company's proposed customer growth adjustment A customer growth adjustment is necessary because it allows for the recognition of additional revenues caused by the increase in the nwnber of customers. Under the DCRF rule, the DCRF revenue requirement is determined by comparing current test year distribution related costs and billing determinants to "baseline" distribution related costs and billing determinants that were established in the Company's last comprehensive base-rate proceeding. The DCRF rules require that only current billing determinants be adjusted for customer growth and normalized weather using a 10 year weather normalization methodology. The baseline billing determinants were already adjusted in the Company's last base-rate proceeding and should not be further adjusted. But contrary to the rule, the Company also modified the baseline billing determinants using the 10 year weather normalization methodology because the test year billing determinants approved in the last base-rate proceeding were based on a 20 year weather normalization methodology. The DCRF rule does not allow the baseline billing determinants to be so adjusted. Restoring the baseline billing determinants to those set in the last comprehensive base-rate proceeding reduces the Company's request by approximately $1 .87 million. ETI also proposes to increase the DCRF revenue requirement by $23,097 by recognizing incremental bad debt expense. The PUC rule includes specific definitions, formula and procedures prescribing the components of the DCRF tariff. The rule does not include any reference to incremental bad debt expense and the Company acknowledges in its DCRF filing 1 ReSot.Ya> EHaloYCoNSULTIHG, LLC • 11044 RESEARCH BLW., Sum; D-230 • AusnN, TX 78759 • P: (512) 331-4949 • F: (512) 331-5743 • www.RES<>l.m>EHEROv.coM . ' that no party to the stipulation in the last comprehensive baseMrate proceeding agreed to the appropriateness of including bad debt expense in any future request. In conclusion, REC recommends restoring the baseline billing determinants to those established in the Company's last rate case and denying the proposed incremental bad debt expense. These corrections reduce the Company's proposed DCRF by $1.89 million. We would be happy to answer any further questions you may have regarding ETI's DCRF filing and our recommendations. Sincerely, Karl J. Nalepa, President ReSolved Energy Consulting, LLC 2 . j- i . ' ORDINANCE NO. ---- AN ORDINANCE BY THE CITY OF ______ __, TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON SEPTEMBER 18, 2014; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITIIlN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS WHEREAS, on or about September 18, 2014 Entergy Texas, Inc. ("Entergy") filed an Application for Authority to Implement a Distribution Cost Recovery Factor with the City to increase electric rates by implementing new riders pursuant to Public Utility Regulatory Act ("PURA") Section 36.210; WHEREAS, the proposed Distribution Cost Recovery Factor rates proposed by Entergy Texas, Inc. would increase customer rates in the Entergy Service Area by $6,980, 180 per year; WHEREAS, Entergy the jurisdictional deadline for the City to act in this rate matter is November 17, 2014; WHEREAS, the expert utility rate consultants retained to review the Company's Distribution Cost Recovery Factor rates on behalf of the City have issued a preliminary report and concluded that Entergy has incorrectly calculated the proposed Distribution Cost Recovery Factor and substantially overstated the claimed need for the rate increase requested. The consultants' analyses support substantial reductions to the Entergy request. WHEREAS, the rate experts retained for the rate review have concluded that Entergy's rate filing request includes unsupported; WHEREAS, Entergy has failed to properly support and justify the rate class increase amounts for Entergy's proposed class allocation of certain distribution costs; WHEREAS, Entergy has failed to justify Entergy's proposed rates included in lighting service; WHEREAS, the statutory deadline to act on Entergy's Distribution Cost Recovery Factor rate increase request is November 17, 2014; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEXAS, THAT: 1 Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of hereby denies the Entergy Distribution Cost Recovery Factor rate increase. Section 3. Entergy's Distribution Cost Recovery Factor rate increase application on file with the City is denied in total. Section 4. 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 5. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this ___ day of ______ _, 2014. ATTEST: 2 ORDINANCE NO. 2014-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS DISCONTINUING, CLOSING AND ABANDONING AN ALLEY RIGHT-OF-WAY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Nederland owns the portions of the property adjacent to the alley right-of-way hereinafter described; and WHEREAS, that said portion of said alley right-of-way is no longer used and the said above named property owner has requested the City Council of the City of Nederland to discontinue, close, and abandon said portion of the right-of-way, as hereinafter described; and WHEREAS, the City of Nederland agrees to discontinue, close, and abandon, and convey. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. That the following described portion of said alley right-of-way in the City of Nederland, Jefferson County, Texas, be and it is hereby discontinued, closed, and abandoned as an alley right-of-way: 0.0643 acre tract to be abandoned out of Block 14, Town of Nederland Jefferson County, Texas and as indicated on Exhibit "A". Section 2. right-of-way. The City of Nederland, Texas shall convey and exchange said alley Section 3. This ordinance shall be effective from and after its passage. Section 4. That the Mayor and City Clerk shall be authorized to sign and attest the transfer of this property by Quit-Claim Deed or other instruments, as needed, to the above named. PASSED AND APPROVED this 101H day of NOVEMBER, 2014. City of Nederlani:l, Texas ATTEST: Ga~!d:~t/)1/h. City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 1 . REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. November 17, 2014 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12t11 Street, Nederland, Texas. See attached for quorum. 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 council member so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a-e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tern Albanese. a. Minutes -November 10, 2014 regular meeting b. October 2014 Departmental Reports c. Tax Assessor Collector Report -October 2014 d. Consider action authorizing the closure of Nederland Avenue from 2ist Street to Twin City Highway, Twin City Highway from Nederland Avenue to Boston, and Boston Avenue from Twin City Highway to 17th Street on December 9t11 for the Annual Lighted Christmas Parade. e. Payments: • LaBiche Architectural Group, Inc. -$2,726. 78, Homer E. Nagel Public Safety Complex • Schaumburg & Polk, Inc. -$7 ,878.06, 2015 Asphalt Street Rehabilitation project • Schaumburg & Polk, Inc. -$7,139.00, Nederland Avenue Study 4. REGULAR AGENDA a. Regina Romero, Intrepid USA, accepted the proclamation and thanked Council for their continued support. She reported the agency ranked within the top 500 agencies for the 5th time in a row. She said the ranking decision was made on the care their agency gives, and the outcomes from their service. Minutes Continued, November 17, 2014 A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a proclamation in regards to National Home Care Month. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tern Albanese. b. A motion was made by Councilmember Belaire and seconded by Councilmember Neal to approve Resolution No . 2014-13, declaring surplus the awnings utilized at the temporary fire station and selling said awnings in accordance with the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tern Albanese. c. A motion was made by Councilmember Neal and seconded by Councilmember Austin to appoint Alex Rupp, Jim McNeil!, Bert Rogers, Dale Reinstra, Stewart Kieschnick, Todd Hollier, and Marty Byrd to a Charter Review Committee. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tern Albanese. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the Preliminary Plat of Sterling Ridge Phase III. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tern Albanese. e. Chris Duque, City Manager, reported the Planning & Zoning Commission voted to recommend approval of the re-zoning request with the following requirements: • Re-zone from R-1 to R-2 (low density residential), not the originally requested R-1 to C-2; • Construct a looped driveway and drop-off area as shown in the submitted Option A with the driveway pavement increased from 25' to 32' to accommodate sufficient stacking of vehicles; • Require the structure to be upgraded to all requirements listed in the adopted codes for daycares; • Erect a six foot wooden fence across the rear and left-side property lines. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a rezoning request of 2619 Avenue A from R-1 (single-family) zoning classification to C-2 (neighborhood retail commercial) zoning classification. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tern Albanese. f. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Ordinance No. 2014-25, repealing Ordinance No. 2007-04 and to continue to accept credit card payments without a 3% convenience fee. MOTION CARRIED. Minutes Continued, November 17, 2014 Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tern Albanese. g. A motion was made by Councilmember Austin and seconded by Councilmember Neal to amend an Access Ag reement between the City and Sunoco Partners Marketing & Terminals, LP. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tern Albanese. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:04 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 and Chapter 551.074, Personnel -City Judge. 6. RECONVENE The regular meeting was reconvened at 5:36 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Construction Project Update: Steve Hamilton gave a brief update on current construction projects: • Hot Mix Overlay project on Canal is in the clean-up phase. • Nederland Avenue Study is underway. • The City will begin accepting the cooling tower water from Sunoco next week. They will be metering and providing a monthly report to the city. • Holly Guidry reported the progress of the Senior Citizen Center: Sheetrock is up in front portion of the building. The trim work will begin on windows, closets, and doors. The paneling in back room has been painted and counter tops have been put in. Flooring has been ordered and all the exterior work has been completed. b. Thanksgiving holiday closure -Offices will be closed Thursday, November 27th and Friday, November 28th. Solid Waste will run on Friday for Thursday. c. Christmas on the Avenue -Saturday, December 5th 10:00 a.m. to 6:00 p.m. 8. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Austin to adjourn the meeting at 5:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tern Albanese. Minutes Continued, November 17, 2014 ATTEST: ~~dr.Wl~Lmb--G~g1Jfl, City Cler 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 v Don Albanese Council Member -Ward Ill / Craig Belaire Council Member -Ward IV v Chris Duque City Manaaer v Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance v Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works v George Wheeler Buildina Official v Victoria Klehn Librarian v Holly Guidry Human Resources Director v Joni Underwood Executive Secretarv v Angela Fanette Parks Director v G yergu ~JCitY Cler November 17 2014 Date TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Terry Wuensche}, 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 $186,258.05, represents all taxes collected for CITY OF NEDERLAND during the month of October 2014. erry Wuenschel w JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 •BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589. RESOLUTION NO. 2014-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, DECLARING SURPLUS AND REGARDING THE SALE OF AWNINGS UTILIZED BY THE CITY AT THE TEMPORARY FIRE STATION LOCATION IN ACCORDANCE WITH THE CITY CHARTER WHEREAS, during the construction of the Homer E. Nagel Public Safety Complex, it was necessary to re-locate the fire department to a temporary location; and WHEREAS, at the temporary fire station, it was necessary to purchase and erect awnings to cover the fire apparatus and equipment, which cost the City $10,110; and WHEREAS, with the construction project complete, the Nederland Fire Department no longer requires the t emporary location or the purchased awnings. In addition, no other City department Identified a project to re-purpose said awhlngs; and WHEREAS, the City received a quote In the amount of $3,768 to tear down and haul off the awnings, and if the awnings were rebuilt, the awnings could not be windstorm certified to satisfy the City's windstorm insurance requirements as a permanent structure; and WHEREAS, the City Charter specifies the City "may sell, lease, hold, manage and control any property now owned by it or which it may hereafter acquire;" and WHEREAS, the City received an unsolicited offer from Bruce's General Construction to purchase the awnings for $3,000, which includes the demolition, supervision, and removal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. The City of Nederland finds it has no further use for the awnings and due to Insurance, It is necessary to remove the awnings as soon as possible. SECTION 2. The awnings are declared surplus. SECTION 2. It Is not financially prudent for the City to pay a greater amount of money to dispose of the awnings than has been offered to purchase said awnings. SECTION 3. The City accepts the offer from Bruce's General Construction in the amount of $3,000. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas, this l 7TH day of NOVEMBER 2014. ATTEST: ,9d~tJl1 f!ll: JJM'A-Gay Ferg ~OJClty Cl; City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' ORDINANCE NO. 2014-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING ACCEPTANCE OF CREDIT CARDS FOR PAYMENT OF FEES, FINES, COURT COSTS AND OTHER CHARGES AND REPEALING ORDINANCE 2007-14 WHEREAS, Section 132.002 of the Texas Local Government Code provides that the governing body of a municipality may authorize a municipal official who collects fees, fines, court costs or other charges to accept payment for these by credit card; and WHEREAS, the City Council of the City of Nederland desires to amend the code of ordinances to allow acceptance of credit cards for payment of fees, fines, court costs or other charges; and WHEREAS, the City Council desires to suspend collection of processing fees for credit card payments; and WHEREAS, the City Council of the City of Nederland shall repeal Ordinance 2007-04 by passage of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. A municipal official who Is authorized to collect fees, fines, court costs and/or any other types of charges on behalf of the city may accept payment for any such fee, fine, court cost or other charge by credit card. Section 2. If, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn, the City shall collect a service charge from the person who owes the fee, fine, court cost or other charge in addition to the original fee, fine, court cost or other charge. The amount of the service charge shall equal the fee charged for collection of a check drawn on an account with insufficient funds as provided by other City Ordinances. THAT 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 17th day of November 2014. R. A. Nugent, or City~aC:l,:as ATTEST: ~avFerSOO:citv c;k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Memorandum Date: November 10, 2014 To: City Manager From: Cheryl Dowden, Director ofFinance Re: Credit Card acceptance fees assessed As you are aware, the City began accepting credit cards as a method of payment in July 2007. At that time, Ordinance 2007-04 was passed to allow acceptance of credit cards for payment of fees, fines, court costs and other charges with a payment processing fee of 3% to be assessed to the payer of these charges. Credit card payments have been accepted and associated fees in the amount of3% of the charges have been collected by the City for the past seven years. We are only accepting credit cards in person in order to limit liability to the City since payments made over the phone presents issues with verification of ownership of the card. Our main objective in offering payments other than cash or checks is to provide convenience to our customers/citizens to pay their fees, fines, or other charges. The chart below shows a recap of last fiscal year's history of credit card transactions. Oty of Nedertand Analysis of Credit Card Processing Fees and Assodated charges For the Period of October 1, 2013 through September 30, 2014 Number of Credit Card Transactions ETS Account for Utility Payment Account 3,244 ETS Account for Other Payments 1.125 Municipal Court 501 Inspections 95 Parl<s 94 Other (BC, Utility Deposits, ets.) 435 Deposits ETSFess 3"Fees Processed Accessed Collected 280,763.54 4,536.15 8,317.81 115,804.23 2,267.90 3,381.64 Total 4,369 $ 396,567.n s 6,804.05 s 11,699.45 Excess Fees Collected S 4,895.40 As you can see, we received in excess of $396,000 in credit card payments with $11,699 collected in convenience fees. We paid credit card processing fees amounting to $6,804 to our credit card processor ETS, thereby resulting in excess collected fees of $4,895. Because of .. ,. Memorandum how credit card companies assess fees based on card type, it would be impossible to collect the exact amount of processing fee through convenience fees. I have spoken with the Court Administrator who informed me that when citizens are informed there is a 3% charge to utilize a credit card, they become annoyed, leave to go to an A1M or never return. In addition, Visa/Mastercard provides a discounted rate for utility payments as long as convenience fees are not assessed to the customer. Currently, we are not eligible for this discounted rate due to the fact we collect a convenience fee. We will be implementing online bill pay for Utility and Municipal Court customers which will require an online payment fee of $1.25 to $3.50 in addition to the currently assessed 3% convenience fee. It is my recommendation that the City absorb the 3% credit card processing fee to provide our customers/citizens with the convenience of paying fees, fines and other charges with their credit card. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. December 8, 2014 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12tti Street, Nederland, Texas. See attached for quorum. 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 council member 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 Albanese and seconded by Councilmember Austin to approve the Consent Agenda Items 3 a-c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councllmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -November 17, 2014 regular meeting b. Consider action regarding a request from Mitch Macon to utilize the Nederland Recreation gymnasium for Nederland Little Dribblers' basketball practice. c. Payments: • Carroll & Blackman, Inc. -$2,342.34, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. Coach Spell thanked the City Council for their recognition of the team and for all the community support. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve a proclamation in regards to the Inaugural Bum Phillips Bowl winners. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. Chris Duque, City Manager, recognized Cheryl Dowden, Finance Director, and her staff for receiving the Certificate of Achievement for Excellence in Financial reporting, which is the highest form of recognition in governmental accounting and financial reporting. The Nederland Finance Department has received this award for 17 years. Minutes Continued, December 8, 2014 c. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to accept the Quarterly Investment Report from the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No . 2014-26, suspending the rates proposed by Texas Gas Service Company's Gas Reliability Infrastructure Program filing made on November 20, 2014. 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 Tern Albanese to approve a License to Encroach, subject to legal review and approval, between the City of Nederland and the Estate of Bob C. Costilow regarding property located at 304 Shannon Lane (Lot Number 12 in Block Number Four of Chelsey Place Addition). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Change Order No. 3 -Hurricane Ike Round 2.2 Wastewater Treatment System generators project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g . A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve final payment and Certificate of Completion to A & A Electric Company of Beaumont, Inc. for the Hurricane Ike Round 2.2 Wastewater Treatment System generators project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. COMMUNICATION City Manager's Report: a. Construction Project Update: Postponed until next week b. 2nd December City Council meeting -Monday, December 15, 2014 c. Miscellaneous -Chris thanked Angela and her staff for their hard work with Christmas on the Avenue. He reported it was the largest crowd yet. He thanked all the volunteers who participated. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 4:52 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Counci lmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, December 8, 2014 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 v Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV ./ Chris Duque City Manager v Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance v Darrell Bush Police Chief v Gary Collin s Fire Chief v Steve Hamilton Director of Public Works v George Wheeler Building Official v Victoria Klehn Librarian v Holly Guidry Human Resources Director v v Joni Underwood Executive Secretary Angela Fanette Parks Director / December 8, 2014 Date ORDINANCE NO. 2014-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUSPENDING THE RATES PROPOSED BY TEXAS GAS SERVICE COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON NOVEMBER 20, 2014; 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 November 20, 2014, Texas Gas Service Company ("TGS" or "Company") filed an Annual GRIP adjustment for the South Jefferson County Service Area with the City of Nederland {"City") to Increase gas rates In the South Jefferson County Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE {"Gas Utility Regulatory Act") § 104.301; and WHEREAS, the Company's proposed an effective date of January 19, 2015, for the rate increase; and WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas In the municipality pursuant to Gas Utility Regulatory Act § 103.001; and WHEREAS, Gas Utility Regulatory Act§ 104.301 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' 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 t he effective date ofTGS' proposed rate Increase for 45 days beyond the Company's proposed effective date until March 5, 2015 in order to review the Company's filing for compliance with Gas Utility Regulatory Act § 104.301 and agreement with the City in TGS' last base rate case; and WHEREAS, the reasonableness of the Company's investment will be reviewed In TGS' subsequent base rate case where all costs Included in TGS' 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, are hereby suspended until March 5, 2015. Section 3. To the extent the City finds that the rates proposed by TGS comply with Gas Utility Regulatory Act § 104.301 and TGS agreement with t he city In TGS' last base rate case, then the rates will become effective by operation of law on March 5, 2015. 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 BY THE CITY COUNCIL of the City of Nederland, Texas this the gTH day of December, 2014. R.A~ City of Nederland, Texas ATTEST: /dO ~!~LJMll'v ay Ferg n, City Cle City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd., Suite R-275 • Austin, T03S 78738 • 512/322-0019 • Fax: 855/298-7978 November 25, 2014 Via E-Mail Mr. James Black City Attorney -City of Groves 3535 Calder Avenue, Suite 300 Beaumont, TX 77706 Mr. Jesse Branick City Attorney -City ofNederland 221Hwy.69 South, Suite 100 (office) Nederland, Texas 77627 Ms. Val Tizeno City Attorney -City of Port Arthur· P.O. Box 1089 Port Arthur, Texas 77640 Mr. Pete Steele City Attorney -City of Port Neches 3120 Central Mall Drive Port Arthur, Texas 77642 Mr. D. E. Sosa City Manager -City of Groves P.O. Box 3286 Port Arthur, Texas 77643 Mr. Christopher Duque City Manager -City of Nederland P.O. Box967 Nederland, Texas 77627 Mr. John Comeaux City Manager -City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77640 Mr. Andre Wimer City Manager -City of Port Neches 634AvenueC Port Neches, Texas 77651 Re: Texas Gas Service Company Application for a Gas Reliability Infrastructure Program Adjustment Factor Dear Cities: On November 20, 2014, Texas Oas Service Company (''TGS" or "Company") filed a Gas Reliability Infrastructure Program ("GRIP") adjustment factor with each of your communities in the South Jefferson County, Texas Service Area. As I pointed out in my letter of November l'.7, 2014, TGS is authorized to make annual GRIP rate change requests pursuant to Texas law passed in 2003, Gas Utility Regulatory Act, TEX. Um,. CODE§ 104.301 ("GRIP Statute"). The GRIP Statute authorizes gas utility companies to request annual cost increases associated with year-to- year changes ?-n incremental investment. The changes in investment are not subject to 1 reasonableness review in the GRIP filing. Instead all amounts collected under a GRIP filing are considered interim rates subject to complete review and refund in the Company's next base rate proceeding. In this case the Company has determined that TGS' capital investment in the South Jefferson C.ounty, Texas Service Area has increased by $5,797,703. The carryi,ng cost on this $5,797,703 of increased capital investment, or annual cost increase under the GRIP formula is $824,113 for the South Jefferson County, Texas Service Area. TGS claims that the average monthly customer bill impact of this GRIP increase is as follows: Customer Impact Summary1 CUSTOMER CLASS MONTHLY INCREASE PERCENT INCREASE RESIDENTIAL $2.21 5.2% COMMERCIAL $6.19 3.2% PUBLIC AUlHORITY $10.80 2.7% The GRIP Statute provides that the proposed GRIP rate surcharge will become effective 60 days from the date of the Company's filing or January 19, 2015, 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 January 19, 2015 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 March 5, 2015. 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). As many of you are aware TGS recently changed its ownership structure through changes at the parent ownership level. While the utility operations did not change some utility costs did change as a result of the ownership structure changes. In particular capital structure and debt costs of utility operations were impacted (lowered costs) by the new ownership structure. These issues may have a significant impact on whether TGS is eligible under the GRIP Statute. During the suspension period these issues will be reviewed so that Cities may make a final. decision on this GRIP proposal. It may be argued that before filing a GRIP request TGS may be required to first file for a base rate change to align its new lower cost structure in rates and charges. If there are any questions or concerns, 1 Includes revenue related wees based on test year cost of gas. 2 REGULAR MEETI NG OF THE CITY COUNCIL OF THE CITY OF NEDERLAN D 4 :30 p.m. December 15, 2014 1. MEETING The meeting was ca lled 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. 2 . INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 council member 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 3 a-e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes -December 8, 2014 regular meeting b. November 2014 Departmental Reports c. Tax Assessor Collector Report -November 2014 d. Consider action authorizing the submittal of an Edge Implementation Reimbursement Program Application to the Texas States Library and Archives Commission. e. Payments: • Schaumburg & Polk, Inc. -$10,210.56, Phase II MS4 Permit Implementation Services • Schaumburg & Polk, Inc. -$2,216.10, 2014 Asphalt Street Rehabilitation project • Schaumburg & Polk, Inc. -$20,016.83, 2015 Asphalt Street Rehabilitation project • d.p. Consulting Engineers, Inc. -$500.00, J. M. Staffen Waterline project • Bruce's General Construction -$33,381.24, Homer E. Nagel Public Safety Complex project • Action Civil Engineers -$12,000.00, Nederland Avenue Drainage Study • Southex -$26,250.00, Nederland Avenue Study • Alice, Inc. -$68,770.47, Hurricane Ike Round 2.2 Wastewater Collection Rehabilitation project Minutes Continued, December 15, 2014 4. REGULAR AGENDA a. A plaque was presented to Municipal Court Judge W. Kent Walston for his service to the city. Mr. Wa lston was elected to the 58th District Court and will assume the position in January 2015. As per City Charter, no elected official may serve as municipal judge. Judge Walston stated it was an honor to serve and he appreciated the confidence city council had in him to perform the job. He said it has been a wonderful part of his life. b. Kay DeCuir, Nederland EDC Director gave a report on recent activities of the Nederland Economic Development Corporation: • NEDC staff and board members will be meeting with "The Landing" to discuss possible incentives for 2 possible tenants, • Several new businesses opened this year and many ribbon cuttings were attended, • NEDC is implementing a new rule that requires any new business opening in Nederland to attend a one to two hour business workshop with Small Business Development regarding a Formal Business Plan, • NEDC provided several workshops to support the community, • Three billboards were purchased to focus and grow the Shop Nederland program, • Women of Action Group was created for networking among women owned businesses, • Monthly newsletters, The Economic Upbeat, were emailed to all businesses and posted on the NEDC Facebook page, • PRIDE program gave a total of $120,000 for new facades and signage, • NEDC completed a Business Continuity and Disaster Manual, • Ms. DeCuir reported she graduated from Oklahoma University with her degree in Economic Development. c. A motion was made by Councilmember Neal and seconded by Mayor Nugent to appoint Alex Rupp to the Nederland Parks Advisory Board to fill an unexpired term ending January 31, 2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve orainance No. 2014-27, repeali ng an amenament to orainahce 107 and providing for the regulation of traffic in school zones. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve Resolution No. 2014-14, approving the City of Nederland's Investment Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Neal and seconded by Mayor Nugent to accept the Hotel Occupancy Tax fund quarterly report from the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, December 15, 2014 g. A motion was made by Councilmember Austin and seconded by Mayor Nugent to approve the City of Nederland's 75th Anniversary city logo. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:03 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Discuss Personnel Appointment: Interim Municipal Court Judge and Chapter 551.071, Consultation with City Attorney. 6. RECONVENE The regular meeting was reconvened at 5: 17 p. m. by Mayor Nugent. 7. ARROINTMENTS A motion was made by Mayor Nugent and seconded by Councilmember Neal to appoint Mike Simon Interim Municipal Judge at a sa lary of $1,500.00 per month until an interim judge is no longer necessary. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 8. COMMUNICATION City Manager's Report: a. Construction Project Update: A brief update was given by Steve Hamilton, Public Works Director: • The J. M. Staffen Addition Waterline project funded through Texas Department of Agriculture using Community Development Block Grant funds began today. • The sewerline rehabilitation program funded through Texas General Land Office Disaster Program is progressing. Line segments have been approved and added to the list. Mr. Hamilton had a map showing what lines have been completed and which lines are yet to be completed. • The Homer E. Nagel Public Safety Complex roof has been punch-listed and completion is expected by second week in January. • Holly Guidry, Human Resources Director, gave an update on construction progress on the Senior Citizen Facility. She reported the flooring has been put down and kitchen work is completed with exception of the water faucet. Punch list items are being completed and the facility will be re-opening in January. b. City offices will be closed Thursday, December 25th and Friday December 25th for Ch ristmas Holidays. City offices will be closed Thursday, January ist for New Year's Day. c. Miscellaneous -Chris Duque wished City Council members and staff a Merry Christmas. Mayor Pro Tern Albanese thanked all city staff for their work throughout the year and wished a Merry Christmas to everyone. Minutes Continued, December 15, 2014 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 5:26 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 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 t/ Don Albanese Council Member -Ward Ill v Craig Belaire Council Member -Ward IV v Chris Duque City Manager v Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance v Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works v George Wheeler Building Official Victoria Klehn Librarian v I Holly Guidry Human Resources Director v Joni Underwood Executive Secretary ·/ Angela Fanette Parks Director v December 15. 2014 Date ALLISON NATHAN GETZ TAX ASSESSOR-COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Allison Nathan Getz, 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 $432,695.84, represents all taxes collected for CITY OF NEDERLAND during the month ofNovember 2014. Allison Nathan Getz JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 •BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 ORDINANCE NO. 2014-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, REPEALING THE AMENDMENT TO ORDINANCE NO. 107 DATED MARCH 8, 2004 AND AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES TRAFFIC AND VEHICLES BY PROVIDING FOR THE REGULATION OF TRAFFIC IN SCHOOL ZONES UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to speed limits and traffic regulation In school zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section I. Section 102-119. Speed limits for school zones of Chapter 102 of the Code of Ordinances is hereby amended with the following language: Sec. 102-119. Speed limits for school zones. A twenty (20) miles per hour speed zone shall be maintained at locations listed within this ordinance and identified by signs reading: "TWENTY M ILES PER HOUR 7:15 AM until 9:00 AM and 2:00 PM until 4:00 PM MONDAY THROUGH FRIDAY." For the purpose of this ordinance, this speed limit will apply each Monday through Friday from 7:15 a.m. to 9:00 a.m. and from 2:00 p.m. untH 4:00 p.m. while school is in session or school activities are scheduled at the listed location as authorized by the Nederland Independent School District, which will include but are not limited to all regular school days, special attendance days, and Summer School being conducted at a particular campus. At other times, the speed limit shall be thirty miles per hour. The locations are as follows: a) Nederland Avenue from 300' northeast of South 9th Street to South 5th Street b) South 6th Street from Avenue E to Nederland Avenue c) North 12th Street from Detroit Avenue to Helena Avenue d) North 13th Street from Detroit Avenue to Helena Avenue e) Helena Avenue, 150' northeast of 14th Street to 150' northeast of 12th Street f) Boston Avenue from 15th Street to 17th Street g) Nederland Avenue from 15th Street to 18th Street h) North 17th Street from Nederland Avenue to Detroit Avenue i) 21st Street from Nederland Avenue to Detroit Avenue j) Atlanta Avenue from North 17th Street to North 21st Street k) Detroit Avenue from North 17m Street to North 21st Street I) North 18th Street from Seattle Avenue to Spurlock Road m) North 27th Street from Gary Avenue to Memphis Avenue n) Helena Avenue from North 23rd Street to North 30th Street o) South 27th Street from Avenue N to Avenue G p) Avenue H from South 23rd Street to South 29th Street q) South 29th Street from 1300 block to 1500 block r) South 12th Street southbound from Avenue A to 100' south of the Alternative Campus property s) South 13t11 Street southbound from Avenue A to 100' south of the Alternative Campus property t) Avenue A between South 12th Street and South 13t11 Street Section 102.120. Penalty Any person, corporation, or entity who violates this Ordinance by exceeding the applicable speed limit to a listed location shall be deemed guilty of a misdemeanor and upon conviction, shall be punishable by a fine not to exceed $200.00. Section II. Repealing Clause All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall only to the extent of such Inconsistency and In all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section III. Severability Clause If any provision, section, exception, subsection, paragraph, sentence, clause, or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section IV. Effective Date This ordinance shall take effect from and after its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the lS™ day of December, 2014. ATTEST: )J!J!&4Zf?iflLt21b City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: CITY OF NEDERLAND RESOLUTION NO. 2014-14 A RESOLUTION OF THE CITY COUNCIL APPROVING THE CITY'S INVESTMENT POLICY AS ATTACHED NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City of Nederland's Investment Policy, substantially in the form attached hereto as "Exhibit A," has been reviewed and is hereby adopted without modification. PASSED AND APPROVED this the 15th day of December, 2014. ATTEST: $(/~f&uJfrL-- City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: "Exhibit A" CITY OF NEDERLAND INVESTMENT POLICY Amended 1-27-14 The purpose of this document is to set forth specific investment policy and strategy guidelines for the City of Nederland in order to achieve the goals of safety, liquidity, yield, and public trust for all investment activity. This policy serves to satisfy the statutory requirements (specifically the Public Funds Investment Act, V.T.C.A. Government Code, Chapter 2256 (the "Act") to define, adopt and review a formal investment strategy and policy. INVESTMENT STRATEGY The City of Nederland maintains portfolios which utilize four specific _investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios: A. Investment strategies for operating funds and commingled pools containing operating funds have, as their primary objective, to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. The dollar weighted average maturity of 365 days or less will be calculated using the stated final maturity date of each security. B. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligations on the required payment date. Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date. C. Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the bond prdinance_ specific to an individual issue, of short to intermediate-term maturities. Volatility shall be further controlled through the purchase of securities carrying the highest coupon available, within the desired maturity and quality r~ge, without paying a premium, if at all possible. Such securities will tend to hold their value during economic cycles. D. Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The stated final maturity dates of securities held should not exceed the estimated project completion date. I. SCOPE The investment policy applies to all financial assets of the City of Nederland. The funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include: *General Fund *Special Revenue Funds *Debt Service Funds *Capital Project Funds *Enterprise Funds *Internal Service Funds *Any new fund created by the legislative body, unless specifically exempted Il. OBJECTIVES The City of Nederland shall manage and invest its cash with four objectives, listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. The City shall maintain a comprehensive cash management program which includes collection of accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of available cash. Cash management is defined as the process of managing monies in order to insure maximum availability and maximum yield on short-term investment of pooled idle cash. SAFETY The primary objective of the City's investment activity is the preservation of capital in the overall portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses, whether they be from securities defaults or erosion of market value. LIQUIDITY The City's investment portfolio shall be structured such that the City is able to meet all obligations in a timely manner. This shall be achieved by matching investment maturities with forecasted cash flow requirements. 2 YIELD The City's cash management portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City's investment risk constraints and the cash flow characteristics of the portfolio. PUBLIC TRUST All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transactions which might impair public confidence in the City's ability to govern effectively. III. RESPONSIBILITY AND CONTROL DELEGATION OF AUTHORITY AND TRAINING Authority to manage the City's investment program is derived from an ordinance approved by the City Council. The Director of Finance and the City Manager are designated as investment officers of the City and are responsible for investment decisions and activities. The Director of Finance shall establish written procedures for the operation of the investment program, consistent with this investment policy. TRAINING The investment officers shall attend at least one training session relating to the officer's responsibility under the Act within twelve (12) months after assuming duties, and not less than (10) ten hours of training every (2) two years, relating to their investment responsibilities. The two-year period shall begin on the first day of the City's fiscal year and consist of the two consecutive fiscal years after that date. Training must include education in investment controls, security risks, strategy risks, market risks, diversification,.and compliance. The training must be provided by an independent source approved by the governing body or designated investment committee. For these purposes, courses or seminars offered by the Government Finance Officers Association, Government Finance Officers Association of Texas, Texas Municipal League, Southwest School of Government Finance, University of North Texas, North Central Texas Council of Governments, Texas Association of Counties, Treasury Management Association or the Government Treasurers Organization of Texas will satisfy the training requirements. INTERNAL CONTROLS The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from 3 loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. PRUDENCE The standard of prudence to be applied by the investment officer shall be the prudent investor rule which states: All investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. In determjning whether an officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: 1. The investment of all funds, or funds under the City's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment. 2. Whether the investment decision was consistent with the written policy of the City. The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deyiations are reported immediately and that appropriate action is taken to control adverse developments. ETHICS AND CONFLICTS City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which ~ould impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to timing of purchases and sales. An investment officer of the City, who has a personal business relationship with an organization seeking to sell an investment to the City, shall file a statement disclosing that personal business interest. An investment officer who is related 4 within the second degree by affinity or consanguinity to an individual seeking to sell. an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. IV. REPORTING QUARTERLY REPORTING The Director of Finance shall submit a signed quarterly investment report that summarizes investment transactions for all funds covered under this policy for the preceding reporting period. The quarterly investment report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain whether investment activities during the reporting period have conformed to the investment policy. The report will be provided to the City Manager and City Council. The report will include the following: A. A listing of the individual securities held at the end of the reporting period. B. Additions and changes to the market value during the period. C. Listing of investments by maturity date. D. Statement of compliance of the City,s investment portfolio with State Law and the investment strategy and policy approved by the City Council. V. INVESTMENT PORTFOLIO Assets of the City of Nederland may be invested in the following instruments provided, however, that at no time shall assets of the City be invested in any instrument or security not authorized for investment under the Act, as the Act may from time to time be amended. AUTHORIZED INVESTMENTS A. Obligations of the United States of America, its agencies and instrumentalities. B. Direct obligations of the State of Texas and agencies thereof. C. Other obligations, the principal of and interest on which are unconditionally 5 guaranteed by the State of Texas or United States of America. D. Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "A" or its equivalent. E. Certificates of Deposit of state and national banks domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance or its successor or secured by obligations described in A through D above, which are intended to include all direct agency or instrumentality issued mortgage backed securities rated AAA by a nationally recognized rating agency, or by Article 2529b-l, V.T.C.S., and that have a market value of not less than the princ'ipal amount of the certificates. F. Fully collateralized direct repurchase· agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities pledged with a third party, selected by the Director of Finance, other than an agency for the pledger. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. G. Investments Pools which follow practices allowed by current law and are rated not less than AAA or an equivalent rating by at least one nationally recognized rating agency. Investments in such pools shall be limited to 60% of the City's entire portfolio. H. Not less than quarterly, the Investment Officers will monitor the credit rating for each held investment that has a Public Fund Investment Act required minimum rating. NOT AUTHORIZED The City's authorized investments options are more restrictive than those allowed by State law. State law specifically prohibits investment in the following investment securities. A. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. B. Obligations whose payment represents the principal stream of cash flow from 6 ~e underlying mortgage-backed security collateral and bears no interest. C. Collateralized mortgage obligations that have a stated final maturity date of greater than ten (10) years. D. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. HOLDING PERIOD The City of Nederland intends to match the holding periods of investment funds with liquidity needs of the City. In no case will the average maturity of investments of the City's operating funds exceed two (2) years. The maximum final stated maturity of any investment shall not exceed five (5) years. Investments in all funds shall be managed in such a way that the market price losses resulting from interest rate volatility would be offset by coupon income and current income received from the volume of the portfolio during a twelve (12) month period. RISK AND DIVERSIFICATION The City of Nederland recognizes that investment risks can result from issuer defaults, market price changes, or various technical complications leading to temporary illiquidity. Risk is controlled through portfolio diversification which shall be achieved by the following general guidelines: A. Risk of issuer default is controlled by limiting investments to those instruments allowed by the Act, which are described herein. B. Risk of market price changes shall be controlled by avoiding over-concentration of assets in a specific maturity sector, limitation or average maturity of operating funds investments to one year, and avoidance of over-concentration of assets in specific instruments other than U.S. Treasury Securities and Insured or Collateralized Certificates of Deposit. C. Risk of illiquidity due to technical complications shall be controlled by the selection of securities dealers as described herein. 7 VI. SELECTION OF BANKS AND DEALERS DEPOSITORY At least every five (5) years a Depository shall be selected through the City's banking services procurement process. In selecting a depository, the credit worthiness of institutions shall be considered, and the Director of Finance shall conduct a review of prospective depositories credit characteristics. SECURITIES DEALERS All financial institutions and broker/ dealers who desire to become qualified for investment transactions must supply the following as appropriate: *Proof of National Association of Securities Dealers (NASD) certification; *Proof of state registration; *Certification of having read the City's investment policy signed by a registered principal of the organization; and *Acknowledgment that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization. VII. SAFEKEEPING AND CUSTODY INSURANCE OR COLLATERAL All deposits and investments of City funds other than direct purchases of U. S. Treasuries or Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the collateralization level wi~I be 100% of market value of principal and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC. Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party financial institution. Collateral shall be reviewed monthly to assure that the market value of the pledged securities is adequate. SAFEKEEPING AGREEMENT Collateral pledged to secure deposits of the City shall be held by a safekeeping institution in accordance with a safekeeping agreement which clearly defines the procedural steps for gaining access to the collateral should the City of Nederland determine that the City's funds are. in jeopardy. The safekeeping institution, or Trustee, shall be the Federal Reserve Bank or an institution not affiliated with the firm pledging the collateral. 8 COLLATERAL DEFINED The City of Nederland shall accept only the following securities as collateral: A. FDIC insurance coverage; B. Direct obligations of the United States or its agencies and instrumentalities; C. Obligations, the principal and interest on which, are unconditionally guaranteed or insured by the State of Texas; and/ or D. A bond of the State of Texas or of a county, city or other political subdivision or the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of ten (10) years or less. SUBJECT TO AUDIT All collateral shall be subject to in spection and audit by the Director of Finance or the City's independent auditors. DELIVERY VS. PAYMENT Treasury Bills, Notes, Bonds and Governmental Agencies' securities shall be purchased using the delivery vs. payment method. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the Trustee. The security shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. VIII. INVESTMENT POLICY ADOPTION • J The City of Nederland investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed for effectiveness on an annual basis by the City Council. 9 GLOSSARY OF COMMON TREASURY TERMINOLOGY Agencies: Federal agency securities. Asked: The price at which securities are offered. Bid: The price offered for securities. Broker: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Large- denomination CD's are typically negotiable. Collateral: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Nederland. It includes five combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance IO with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. Coupon: (a) The annual rate of interest that a bond issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. Debenture: A bond secured only by the general credit of the issuer. Delivery versus payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt (also called free). Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Discount: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. Discount Securities: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U. S. Treasury bills. Diversification: Dividing investment funds among a variety of securities offering independent returns. Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S & L's, small business firms, students, farmers, farm cooperatives, and exporters. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. Federal National Mortgage Association (FNMA): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely 11 payment of principal and interest. Federai Open Market Committee (FOMC): Consists of seven (7) members of the Federal Reserve Board and five (5) of the twelve ( 12) Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securl.ties in the open-market as a means of influencipg the volume of bank credit and money. Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven (7) member Board of GovernoFs in Washington, D. C., twelve (12) regional banks and approximately 5, 700 commercial banks that are members of the system. Government National Mortgage Association (GNMA or Ginnie Mae): Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA, or FMHM mortgages. Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and · reasonable size can be done at those quotes. Local Government Investment Pool (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. Market Value: The price at which a security is trading and could presumably be purchased or sold. Master Repurchase Agreement: To protect investors, many public investors will request that repurchase agreements be preceded by a master repurchase agreement between the investor and the financial institution or dealer. The master agreement should define the nature of the transaction, identify the relationship between the parties, establish normal practices regarding ownership and custody of the collateral securities during the term of the investment, provide remedies in the case of default by either party and clarify issues of ownership. The master repurchase agreement protects the investor by eliminating the uncertainty of ownership and hence, allowing investors to liquidate collateral if a bank or dealer defaults during the term of the agreement. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. 12 Money Market: The market in which short-term debt instruments (bill, commercial paper, bankers' acceptances, etc.) are issued and traded. Open Market Operations: Purchases and sales of government and certain other saturates in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy .. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subj~ct to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)· registered securities broker-dealers, banks, and a few unregulated firms. Prudent Person Rule: An investment standard. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Qualified Public Depositories: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability, and which has been approved by the Public Deposit Protection Commission to hold public deposits. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Safekeeping: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution. Securities & Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legislation. Treasury Bills: A non-interest bearing discount security issued by the US. Treasury to finance the national debt. 13 Most bills are issued to mature in three (3) months, six (6) months, or one (1) year. Treasury Bond: Long-term U. S. Treasury securities having initial maturities of more than ten ( 10) years. Treasury Notes: Intermediate term coupon bearing U.S. Treasury securities having initial maturities from one ( 1) to ten ( 10) years. Yield: The rate of annual income return on an investment, expressed as a percentage. (A) Income Yield is obtained by dividing the current dollar income by the current market price of the security. (B) Net Yield or Yield to maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period form the date of purchase to the date of maturity of the bond.