July 23, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEC'ERLANUP
4:30 p_m_ Juty 23, 2018
1_ MEETING
The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City
Office Building, 207 N. 12'h Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
"P1.J125 DANT TO SECTION 30_07, PENAL COUPE CTRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANUPGUN3, A PERSON LICENSEC' ILJNUPER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT COUPE (HANUPGUN LICENSING
LAW 3, MAY NOT ENTER THIS PROPERTY WITH A HAN UPGUN THAT IS CARRIED
OPENLY."
2_ INVOCATION ANC' PLEUPGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk.
3. CONSENT AGENUPA - All consent agenda items listed are considered to be routine by
the City Council and will be enacted by one motion. There will be no separate
discussion of these items unless a councilmember so requests, in which event the item
will be removed from the Consent Agenda and considered separately_
A motion was made by Councilmember Neal and seconded by Councilmember Austin
to approve the Consent Agenda Items a-d as presented with the exception of item c
which was withdrawn. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
a. Minutes — July 9, 2018 regular meeting
b. June 2018 Departmental Reports
c. Consider action regarding the street closure request of 26"h Street between Detroit
Avenue and Gage Avenue.
d. Tax Assessor Collection Report - June 2018
4_ REGULAR AGENUPA
a_ Recognition of retiree: Police Detective Sergeant James West. The meeting was
recessed between 4:35 and 4:45 to allow for cake and congratulations to Mr. West.
b_ Nederland Economic C'eveioprrment Corporation:
i_ A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to approve Resolution No. 2018-07, ratifying the action of the Nederland
Minutes Continued, July 23, 2018
Economic Development Corporation Board of Directors related to the incentive
offered to Hargrove Engineers and Contractors. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
ii. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Austin to approve Resolution No. 2018-08, ratifying the action of
the Nederland Economic Development Corporation Board of Directors related to
the incentive offered to Judice's Restaurant. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve the renewal of the Memorandum of Understanding between the
City of Nederland and the Texas Engineering Extension Service (TEEX) in regard to
Texas Task Force One. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
d. Chris Cisneros from Phillips 66 addressed council regarding their request for an ad
valorem tax abatement. He stated this is the next expansion project which would
give them ability to serve more customers. This is the 5th expansion project since
the facility was purchased by Phillips 66.
A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve an ad valorem tax abatement request from Phillips 66 for five
450,000 barrel tanks at a project cost of $33 million and two booster pumps and
ancillary equipment at a project cost of $37 million. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
e. Hurricane Harvey:
i. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Neal to approve payment to DRC Emergency Services, LLC for
debris-related services. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
ii. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve payment to Tetra Tech, Inc. for debris monitoring services
performed following Hurricane Harvey. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
5. COMMUNICATION
City Manager's Report:
a. Nederland Avenue project update - Mr. Woods reported the contractor is still in
the process of making base repairs. He said the weather setback the work a
little but the work is all within the window to minimize the impact on the school
district.
Minutes Continued, July 23, 2018
b. Miscellaneous - Mr. Duque reported he will be on vacation beginning Thursday
and will return to work on Wednesday of next week.
6. ADJOURN
There being no further business a motion was made by Mayor Pro Tern Albanese and
seconded by Councilmember Austin to adjourn the meeting at 5:07 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
.....
: • �-'= R. A. Nugent, or
:,C`= t�, � City of Nederlan , Texas
TCO*?
Gay Ferguson,) ity Clerk J0
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
Don Albanese Council Member—Ward III
Craig Belaire Council Member—Ward IV
Chris Duque City Manager
Gay Ferguson City Clerk
Jesse Branick City Attorney
Cheryl Dowden Director of Finance VA
Gary Porter Police Chief
Terry Morton Acting Fire Chief
Robert Woods Director of Public Works
George Wheeler Building Official
Victoria Klehn Librarian
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary
Angela Fanette Parks Director
VIC 0..
R.A. Nugent, yor
G,
y ergug9in, City Clerk a
July 23, 2018
Date
�4,SON
ALLISON NATHAN GETZ ' i; ,' .4 TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR 44 L2: :\ %\ ,� CHIEF DEPUTY
STATE OF TEXAS
COUNTY OF JEFFERSON
I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and
also,by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under
oath, that this amount $73,376.10, represents all taxes collected for CITY OF NEDERLAND
during the month of June 2018.
Allison Nathan Getz, P.C.C.
JEFFERSON COUNTY COURTHOUSE •P.O. BOX 2112 • BEAUMONT,TEXAS 77704-2112
PHONE: (409)835-8516 • FAX: (409)835-8589
RESOLUTION 2018-07
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 of Nederland 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
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
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 Hargrove Engineers and
Constructors,in an aggregate maximum amount of not more than One Hundred Thousand dollars
($100,000.00),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 9th day of July ,2018 at which meeting a
quonp,m present and voting.
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R.A. ugen !ayor
=�rJ'• G•'� C3��' City of Ned rand,Texas
'4.311Wk NS
1./fili 1111,0
ay Ferguso City rk
City of Nederland,Texas
APPROVED AS TO FORM SAND LEGALITY:
. I dk/
Jesse : anick,Ci'Attorney
City o Neder.•d,Texas
PASSED AND APPROVED ON THE SECOND RVADING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS this [ y of 1 f, ,2018 at
wh ,o gating a quorum was present and voting. /7
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44: 4/qq
:�`j 7:u R.A.Nugent, yor
�Ij• . 0-' City of Nederl d,Texas
;AT`Y'EEOT N
y ergus ay-
ler
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
`/
I.
Jesse t ranic;, ty Attorney
City of Ne. rland,Texas
RESOLUTION 2018-08
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 of Nederland 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
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
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 Judice's Restaurant,in an aggregate
maximum amount of not more than One Hundred Thousand dollars($100,000.00),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 9th day of July ,2018 at which meeting a
quorum was present and voting.
ooltimithroo
•
7".,7! i� . R.A.Nugent ayor
City of Neder and,Texas� upjLati.,40k.-
Gay FergusA,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
/i
Jesse :ranic 'qty Attorney
City of Ne. land,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS this day of ,2018 at
which ahg,�,j}�} a quorum was present and voting.
°SND
R„, „
R.A.Nugen /Mayor
43.4 ;! p, City of Nederland,Texas
ATT SCOfi
SIA
er_ 4�n,City t/C1 k i'/t
City of Nederland,Texask
APPROVED AS TO FORM AND LEGALITY:
Jesse :ranic,, Attorney
City.f Ned- land,Texas