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September 23, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m_ September 23, 2019 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City Office Building, 207 N. 12« Street, Nederland, Texas. See attached for quorum. The following statement was posted: "PURS IIANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGIJN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAWj, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY_" 2_ INVOCATION ANa PLEDGE OF ALLEGIANCE A moment of silence in memory of former Mayor R. A. "Click" Nugent and pledge of allegiance were led by Chris Ouque, 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 Hollier and seconded by Councilmember Root to approve the Consent Agenda Items a-c as presented. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tem Neal_ a. Minutes - September 9, 2019 regular meeting and August 30, 2019 special meeting. b. August 2019 Departmental Reports c. Tax Assessor Collection Report - August 2019 4. REGULAR AGENDA a. A motion was made by Councilmember Austin and seconded by Councilmember Hollier to approve a proclamation regarding Fire Prevention Week_ MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tem Neal_ Minutes Continued, September 23, 2019 b. A motion was made by Councilmember Hollier and seconded by Councilmember Root to authorize the closure of various city streets and use of Tex Ritter Park for the 2020 Relay for Life event. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tern Neal. c. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve an amendment to the by-laws of the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tern Neal. d. A motion was made by Councilmember Hollier and seconded by Councilmember Root to authorize the purchase of two police patrol units via state-approved contract. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tern Neal. e. A motion was made by Councilmember Austin and seconded by Councilmember Hollier to approve Change Order No. 1 of the 2019 Hot Mix Overlay project by reducing the contract price by $404,321.61 which reflects final quantities and the reduction of the additional milling and hot mix included in Alternate Bid A. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tem Neal. f. A motion was made by Councilmember Root and seconded by Councilmember Hollier to approve final payment and release of retainage for the 2019 Hot Mix Overlay project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tern Neal. g. A motion was made by Councilmember Hollier and seconded by Councilmember Root to approve Resolution No. 2019-13, casting votes for Terry Schwertner as a candidate for the Board of Directors of the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tern Neal. h. A motion was made by Councilmember Hollier and seconded by Councilmember Austin to approve Ordinance No. 2019-28, declaring certain utility accounts as uncollectable. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Hotlier, and Root. Noes: None. Absent: Mayor Pro Tern Neal. Minutes Continued, September 23, 2019 i. A motion was made by Councilmember Root and seconded by Councilmember Austin to approve Ordinance No. 2019-29, amending the fiscal year 2018-2019 budget. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tern Neal. j. A motion was made by Councilmember Austin and seconded by Councilmember Hollier to approve Resolution No. 2019-14, providing written consent to the petition to include additional land in Jefferson County Water Control and Improvement District No. 10. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Absent: Mayor Pro Tern Neal. k. Chris Duque, City Manager, stated at the August 26th City Council meeting, Joe Oates, the owner of Boss Burger, addressed the City Council regarding amending food truck regulations. The City's regulations on food truck is included in the mobile vendors regulations in the Zoning regulations (Appendix A Zoning. Subchapter C Use Regulations, Section 15 Temporary Use Permits 15.1.8) which states: Mobile vendors are allowed to sell merchandise and/or food and drink only in commercial or industrial districts in the City of Nederland and only as a nonprofit club or organization for no more than 14 days and no more than 30 total days per year. Mr. Duque said after reviewing the food truck regulations of the cities of Port Neches, Groves, Beaumont, Port Arthur, and Lumberton, as well as discussing the Jefferson County Health Department's food truck procedures, staff has prepared a summary of Mr. Oates' request, the discussion that was held at the meeting, the various city regulations, and a summary of suggested requirements. He advised the next step would be to hold a meeting inviting food truck vendors, local restaurants, and the public to attend to solicit input and ask questions. Following the public meeting, staff would bring this item back to City Council for further discussion. No action was necessary. Joe Oates, Boss Burger, thanked City Council for considering allowing food trucks in the city. He said Nederland is a small city compared to Beaumont and Port Arthur and recommended we keep this process simple. Kenny Mings, Touch of Cajun, said he would like to see a 3-day permit for food trucks and would like to be able to attend events such as 4th of July in Doornbos Park with his food truck. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:12 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney. Minutes Continued, September 23, 2019 6. RECONVENE The regular meeting was reconvened at 5:31 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action was necessary. 7. COMMUNICATION a. Miscellaneous: 1. Robert Woods gave a brief update on the street and sewer projects: • KCS has finished their locate and work for the boring at Avenue H and Twin City Highway will begin October 7th • Concrete Street Rehab contractor is working on 33rd Street and is expected to be finished by October 14th. 2. Chris Duque said a special council meeting will be held Friday, Sept. 27th at 9:00 a.m. to consider waiving permit fees, allowing travel trailers and storage containers and waiving water bill late fees for 30 days in response to Tropical Storm Imelda. 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Root to adjourn the meeting at 5:36 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root. Noes: None. Absent: Mayor Pro Tem Neal. \\\ „u Pod a t 4.42.•0_ 14 Don Albanese, Mayor O: +(�i, �� (L1 •w- City of Nederland, Texas •NIA �1 ,;1 � COUNT ATTEST: y Fergun, City Cle City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor Talmadge Austin Council Member—Ward I Billy Neal Council Member—Ward II Emmett Hollier Council Member—Ward III Sylvia Root Council Member—Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Gary Porter Police Chief Terry Morton 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 Do anese, Mayor ay Ferg on, City Clerk' September 23, 2019 Date ��i>�N CO �G ALLISON NATHAN GETZ ' �, , ' TERRY WUENSCHEL �a TAX ASSESSOR-COLLECTOR `;`\/\^ CHIEF DEPUTY ' TEX N$ 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 $18,756.23, represents all taxes collected for CITY OF NEDERLAND during the month of August 2019. adbe4Cif-C;teth2104 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 CITY OF NEDERLAND RESOLUTION NO.2019-13 STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City Council of the City of Nederland, Texas at its regularly scheduled meeting of September 23,2019, in accordance with the Property Tax Code of the State of Texas, hereby nominates Terry Schwertner as a candidate for the Board of Directors of the Appraisal District established for Jefferson County for a two-year period term to expire December 31, 2021. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15, 2019, in accordance with said Statute. PASSED AND APPROVED AND ADOPTED this 23rd day of September ,2019. Don Albanese, Mayor City of Nederland,Texas �'D SeaS r C.AP Billy Neal, Mayor Pro Tern Talmadge Aus in, Council Member Ward I Emme Hollier, Council Member Ward III Sylvia Mot, Council ember Ward IV ATTEST: POL CI �4 l ' son, City e , �• �derland,Texas =o +„ \ `%,,,.. -45 TO FORM AND LEGALITY: Jess- :rani Attorney City Ne•erland,Texas RESOLUTION NO. 2019-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS GRANTING ITS CONSENT TO A PETITION BY KERR TRACTOR SOUTHWEST, LTD FOR THE ADDITION OF 81.65 ACRES OF LAND TO THE JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 WITHIN THE CITY OF NEDERLAND'S AND CITY OF BEAUMONT'S EXTRATERRITORIAL JURISDICTION WHEREAS,the owner, Kerr Tractor Southwest, LTD, of 81.65 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 of Nederland and of the City of Beaumont and a portion of the land is located within the Nederland city limits;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 provides that the City's written consent may include certain conditions; NOW,THERFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. That subject to the provisions of this Resolution,the City Council gives its written consent for the"District"to annex an 81.65 acre tract,as described in the petition attached as Exhibit A. SECTION 2. That the City's consent is conditioned upon the following:(1)the District's bonds and debt shall be and remain obligations of the District and(2)the District's bonds and debt shall not affect the City of Nederland's ability to issue debt. ``\���uuiini A/S,SED AND APPROVED this 23RD day of SEPTEMBER,2019. ��tlANO :'> on Albanese,Mayor \,,X'v r€a ' we 141 ay Fergeson,City Cle APPROVED AS TO FORM AND LEGALITY: Alp or Jesse anicity Attorney City o Ne••rland,Texas EXHIBIT A PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 THE STATE OF TEXAS § COUNTY OF JEFFERSON § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF NEDERLAND: Kerr Tractor Southwest, Ltd., as a Texas limited partnership, being the holder of title to all of, and therefore, a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of the central appraisal district of Jefferson County, Texas ("Landowner"), and Jefferson County Water Control and Improvement District No. 10 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 42.0425, Texas Local Government Code, as amended, respectfully petition for consent to include additional land in a water control and improvement district. In support of this petition,Petitioner shows as follows: I. The District,to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 51, Texas Water Code, as amended. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Jefferson County, Texas. Landowner represents and warrants that there are no holders of liens against said land. II. The land sought to be added to the District contains approximately 81.65 acres of land, more or less, and lies wholly within Jefferson County, Texas. Approximately 0.85 acres of said area is within the incorporated city limits of Nederland. Under the provisions of Section 42.001, Local Government Code, as amended, said area is within the extraterritorial jurisdiction of the Cities of Nederland and Beaumont, Texas and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. III. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities,plants, equipment and appliances necessary to: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area; and (4) provide, operate and maintain a fire department and/or firefighting services ("firefighting-facilities")within the area. V. The area of the District is urban in nature, is within the growing environs of the City of Nederland, and is in close proximity to populous and developed sections of Jefferson County. There is a necessity for the improvements described above because the land sought to be added to the District is not supplied with adequate water, sanitary sewer, drainage or fire-fighting facilities, nor is it presently economically feasible for such facilities to be added to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require the installation and acquisition of adequate water, sanitary sewer, drainage and fire-fighting facilities for and within the land sought to be added to the District. A public necessity exists for the addition of said lands to the District to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community, by and through the construction, extension, improvement, maintenance and operation of water, sanitary sewer, drainage and fire-fighting facilities. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Nederland give its consent to the annexation of the aforesaid land into said District. -2- IN WITNESS WHEREFORE, Petitioner has executed this Petition on this the k9day ofV ,2019. V Landowner Kerr Tractor Southwest,Ltd. A Texas limited partnership By: Kerr Tr. r r GP,LLC,its general partner A Texas lir ,d liability co pany By: if les Kerr,Manager THE STATE OF TEXAS § § COUNTY OF JEFFERSON § -1h This instrument was acknowledged before me on this 6 day of.fl UC , 2019, by James Kerr, Owner of Kerr Tractor Southwest, Ltd., as a Texas limited partnership,Ion behalf of said limited partnership. 40.1.'oat, NAD-IA J�DAVIS r1 + i°' �'tNotary Public,State of Texas t' :/ .-A, `— '�- "' ;QZ= Comm.Expires 06-03-2020 Notary Public in and for the i' X00 Notary ID 1228143-4 State of Texas (SEAL) -3- District JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 By: Name: Title: President,Board of Directors Attest: By: Name: Title: Secretary,Board of Directors (SEAL) -4- EXHIBIT A Legal Description of the Property -5- W►,E S/ 4c.ress Commercial • Residential •Industrial Surveyors, LLC Firm No. 10136400 Field Note Description: 200.01 Acres Out of the P. Humphreys Survey,Abstract No.32,W.Carroll Survey,Abstract No. 13 &T.&N.O.RR,Abstract No. 257 Jefferson County,Texas June 14,2019 BEING a 200.01 acre tract or parcel of land located in the P.Humphreys Survey,Abstract No.32,W. Carroll Survey,Abstract No. 13 and the T.&N.O.RR,Abstract No.257,Jefferson County,Texas, being all of a 72.09 acre tract of land (previously surveyed by Access Surveyors) recorded in County Clerk File 2014000320, being all of a called 65.3708 acre tract of land (previously surveyed by Access Surveyors) recorded in County Clerk File 2013023101, being the following tract recorded in County Clerk File 2015003484: being the residue of a called 38.34 acre tract of land (Parcel I), a called 2.755 acre tract of land (Parcel II), a called 40.496 acre tract of land (Parcel III,Tract I), and a called 6.554 acre tract of land (Parcel III,Tract III),Official Public Records of Jefferson County,Texas(shown hereon as OPRJCT): Note: '(J'from record plat called bearings and distances. The entirety of this property was not surveyed. This legal description was created using existing deeds, partial field survey work and a compilation map created by Access Surveyors. BEGINNING at a%2"capped rod found for the Southwesterly corner of the herein described tract and being the Southwesterly corner of said 72.09 acres, being the Northwesterly corner of a called 28.63 acre tract of land recorded in County Clerk File 2018035920,OPRJCT and in the Easterly Right-of-Way line of U.S.69 Frontage Road N. (R.O.W.varies); THENCE North 27°41'20"West(N 24°23'00" W) along and with the Westerly line of said 72.09 acres for a distance of 1,889.66 feet (1,889.93') to a 1/2" capped rod found for the Northwesterly corner of said 72.09 acres and the Southwesterly corner of said 2.755 acres; THENCE North 27°31'46" West(N 24°23'00" W) along and with the Westerly line of said 2.755 acres for a distance of 150.24 feet (150.00')to a 5/8" rod found for the Northwesterly corner of said 2.755 acres and a Southwesterly corner of said 65.3708 acres; THENCE North 27°42'24" West along and with the Westerly line of said 65.3708 acres for a distance of 1,649.54 feet to a capped rod found for the Northwesterly corner of said 65.3708 acres and the Southwesterly corner of said 38.34 acres; THENCE North 27°44'12" West along and with the Westerly line of said 38.34 acres for a distance of 779.43 feet to the Southwesterly corner of a called 2.80 acre tract of land (75' wide drainage ditch) recorded in County Clerk File 103-72-0926, Real Property Records of Jefferson County,Texas; Page 1 of 2 11025 Old Voth Road, Beaumont,Texas 77713 Office: (409)838-6322 Fax: (409) 838-6122 Email: rpls5163@aol.com Web:www.access-surveyors.com File No. 2019332 M&B E cress Commercial • Residential • Industrial Surveyors, LII Firm No. 10136400 THENCE along and with the Southerly line of said 2.80 acres,the following bearings and distances: BEARINGS: DISTANCES: North 75°19'40"East(N 79°03'50"W) 59.90 feet(55.00') South 86°29'26" East(S 82°45'16" E) 332.00 feet(332.00') North 87°52'07"East(N 88°23'43" E) 608.00 feet(608.00') THENCE South 76°27'30" East (S 72°34'49" E) continuing along and with the Southerly line of said 2.80 acres for a distance of 502.55 feet to a point for corner in the Southerly line of said 38.34 acres and the Northerly line of said 65.3708 acres; THENCE North 62°17'29" East (N 62°18'35" E) along and with the Southerly line of said 38.34 acres and the Northerly line of said 65.3708 acres for a distance of 250.08 feet to a%"rod found in concrete for the Southeasterly corner of said 38.34 acres,a Northeasterly corner of said 65.3708 acres and in the Westerly line of a LNVA canal; THENCE South 52°30'58" East along and with a Northeasterly line of said 65.3708 and the Westerly line of said LNVA canal for a distance of 340.31 feet to a %" rod found in concrete, being a Northerly corner of said 6.554 acres; THENCE South 52°26'17" East(S 49°07'52" E) along and with the Easterly line of said 6.554 acres and the Westerly line of said LNVA canal for a distance of 2,975.60 feet (2,975.36') to a point for corner being a Southeasterly corner of said 6.554 acres; THENCE South 36°57'02" West (S 40°15'32" W) along and with the Southerly line of said 6.554 acres, passing a concrete monument for the Southwesterly corner of said 6.554 acres,the Southeasterly corner of said 40.496 acres and the Northeasterly corner of a called 58.23 acre tract of land recorded in County Clerk File 105-21-0993,Real Property Records Jefferson County,Texas,and continuing along the Southerly line of said 40.496 acres and the Northerly line of said 58.23 acres for a total distance of 1,377.71 feet to a 2" pipe found for the Southwesterly corner of said 40.496 acres,the Northwesterly corner of said 58.23 acres and being in the Easterly line of said 72.09 acres; THENCE South 27°50'27" East(S 24°23'19" E)along and with the Easterly line of said 72.09 acres and the Westerly line of said 58.23 acres for a distance of 89.47 feet to an iron rod found in concrete for the Southeasterly corner of said 72.09 acres and the Northeasterly corner of said 28.63 acres; THENCE South 62°20'14"West(S 65°37'00"W) along and with the Southerly line of said 72.09 acres and the Northerly line of said 28.63 acres for a distance of 1,662.05 feet(1,661.30')to the POINT AND PLACE OF BEGINNING, containing 200.01 acres of land, more or less. Page 2 of 2 11025 Old Voth Road, Beaumont,Texas 77713 Office: (409) 838-6322 Fax: (409)838-6122 Email: rpls5163@aol.com Web:www.access-surveyors.com File No.2019332 M&B o 8I . hill wthr z � - / 1 ` , ` W •• CL ti O co _.I CV F 8 —Y, W ) f . z w 0 = V O W W -8 tQ NC rn Uto OW i J CO I Q IE s 9 n d— • ,:...=,.rG ` w H o,_ T ! W UU E' W + / V'` wo O - CO . > w gW ,. -, o wna- I-ca • \ '0 I I I :1 Mit; iriiiii; ,iY;0111 t TO/ Z VIA a a 1 1 ili ii iil�iiil'! s ,iii MI Q _ In 0 3VLiJ �° lirl 7. ° ®® i Ia +i+�;}iizli�1 "fie'$ i `9 8 I 1 i- :l is titua ti gi = , �� i U �N ' a i • 111 ,.:::••-- ,...1_, ....:::•-• g ._ ........„. 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I 1 I I o$o m^ live m0J '/' ii I.O , 52 ' /3 it k1 / 1 6; 1 ---- • IiH / 17310." �'• / c-''' "T o, / o / / 614 ' tri / �3=N Q' l.-.. 1 Ilii / o' //-, : / o it H /0/ $z 1 ,i 3 W i ,,/ `t 2 ' / ' 1 11 I z I/l 1 (4___55______.4/' ss----(g-ss- SS 55____-0 / ��Vlll JIJ1 v ll%J 1_i / ' / / / 1 I o/ ! ' / $ / � I //' 11 1 m / / a/ / 1 - Q. / /' / /'/' M VI.. /,' ! r / I V // / u i / i / / / / ' , 1 I 3/ /'','' 1 z / ' ' 1 'I' kni / ' Z / // w I I w g5 ORDINANCE NO.2019-28 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE-OFFS IN THE AMOUNT OF $5,914.34 AS SHOWN IN ATTACHMENT"A"FOR THE YEAR ENDED 9-30-19 IN THE CITY OF NEDERLAND. WHEREAS,Generally Accepted Accounting Practices require that uncollectible accounts receivable be written off to reflect accurate revenues;and, WHEREAS,based on auditor recommendations it is desirable to present uncollectible accounts to be charged off, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1.The City of Nederland's book of accounts of the Water Billing/Collecting Department are hereby corrected to reflect the following charge-offs for fiscal year 2018-19 in the amount of$5,914.34 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 TH,E\CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 23RD day offSep{ember <,����•.tips' OOL tp ! Don Albanese,Mayor City of Nederland,Texas COUNT, ' ATTR'"St: lA . ;t t ay Ferg !.n,City Cler' City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse '.ranick y Attorney City a f Ne•, land,Texas ATTACHMENT"A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2018-2019 Account Number Amount 02-0910-09-0 143.46 02-1660-09-0 64.66 02-2100-13-0 135.37 02-2760-07-0 45.99 03-0290-05-0 145.24 03-1230-01-0 120.42 03-1590-09-0 58.47 03-1690-02-0 179.51 03-1770-01-0 46.04 04-0680-12-0 14.36 04-0820-04-0 25.24 04-1240-11-0 121.54 05-0470-11-0 11.76 05-0590-06-0 31.64 05-0960-03-0 58.95 05-2060-11-0 171.89 05-3600-06-0 641.25 05-3800-11-0 41.76 05-3951-19-0 46.47 07-0470-14-0 81.15 07-0661-12-0 70.69 09-1530-15-0 98.54 09-1640-05-0 30.85 09-2320-06-0 59.42 10-0580-19-0 161.98 10-1590-09-0 11.71 10-2900-00-0 18.19 11-3206-07-0 91.61 11-3208-12-0 33.78 11-3260-03-0 91.61 12-0060-16-0 37.61 12-1750-03-0 168.83 13-0280-03-0 59.02 13-0635-07-0 47.18 13-1010-12-0 15.18 13-1010-15-0 130.42 13-1020-06-0 56.31 13-1370-00-0 80.50 13-1720-03-0 33.85 13-1810-14-0 77.05 13-2065-13-0 110.85 14-0120-04-0 82.69 14-0750-02-0 130.30 14-1120-02-0 96.46 15-1520-02-0 116.48 '15-2020-11-0 83.43 15-2430-14-0 29.92 15-2905-22-0 45.64 16-0410-13-0 56.31 16-0900-03-0 126.80 16-1070-02-0 153.10 16-2120-07-0 117.17 18-1290-01-0 26.79 18-2800-02-0 108.92 19-0470-05-0 142.76 ATTACHMENT"A" PAGE 2 OF 2 19-1060-05-0 13.09 19-1680-04-0 111.90 19-1700-00-0 166.82 20-0830-19-0 40.17 20-1000-02-0 239.50 21-0770-07-0 39.08 22-1680-01-0 78.63 22-2070-05-0 34.58 22-2827-09-0 78.65 23-0200-03-0 55.88 24-0905-07-0 50.04 24-1220-01-0 18.88 TOTAL $5,914.34 ORDINANCE NO. 2019-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2018- 2019 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2018-25,which adopted the Fiscal Year 2018-2019 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 2018-2019 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2019 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2018 and ending September 30,2019,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 2018-2019 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 REMEETING THIS THE 23rd DAY OF SEPTEMBER,2019. •....,-SZt1',.. c)*: ic)cp44 OsA940--) O:'f �l V� :w s Don Albanese,Mayor =>':% �� 1)\i:City of Nederland,Texas �?ii,5 .�, %,Q�yIII ,S: ay Ferg on,City Clerk APPROVED AS TO FORM AND LEGALITY: C---) Jesse B - `10 Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2018-2019 DATE: September 23,2019 - DEPARTMENT: Various FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4110 Current Taxes 3,929,344 448,000 4,377,344 01-0000-4120 Industrial in lieu of Tax Payments 1,801,850 380,584 2,182,434 01-0000-4130 Sales Tax 2,900,000 400,000 3,300,000 01-0000-4610 Interest Income 53,000 205,000 258,000 01-1100-6333 Travel&Training 4,000 (2,500) 1,500 01-1300-6110 Salaries&Wages 322,147 2,000 324,147 01-1300-6111 Overtime - 1,250 1,250 01-1300-6115 Extra Help 3,000 2,250 5,250 01-1300-6126 Social Security 25,010 (2,000) 23,010 01-1300-6393 Contractual Services 50,000 (10,000) 40,000 01-1500-6110 Salaries&Wages 151,004 6,700 157,704 01-1500-6121 Group Insurance 21,026 (3,026) 18,000 01-1500-6311 Auditing&Accounting 45,000 (4,000) 41,000 01-1600-6115 Extra Help 8,000 (5,400) 2,600 01-1600-6347 Unemployment Reimbursement. 7,000 (4,000) 3,000 01-1601-6312 Consultant Services 900 2,000 2,900 01-1900-6341 Insurance General 16,277 (4,200) 12,077 01-1900-6350 Bldg/Structure Improvements 2,000 20,000 22,000 01-1900-6351 Fixed Plants&Equip R&M 7,000 5,000 12,000 01-2100-6110 Salaries&Wages 2,127,741 (80,000) 2,047,741 01-2100-6111 Overtime 205,000 10,000 215,000 01-2100-6116 Educational Certification 98,390 (48,390) 50,000 01-2100-6121 Group Insurance 398,969 (73,000) 325,969 01-2100-6315 Computer System 12,000 8,000 20,000 01-2101-6111 Overtime 4,000 3,000 7,000 01-2101-6115 Extra Help 24,480 (10,000) 14,480 01-2101-6393 Contractual Services 11,500 9,000 20,500 01-2102-6393 Contractual Services 85,500 (25,500) 60,000 01-2200-6111 Overtime 96,400 60,000 156,400 01-2200-6121 Group Insurance 151,758 (12,000) 139,758 01-2200-6231 Wearing Apparel 8,000 34,000 42,000 01-2200-6355 Vehicle&Equip R&M 45,000 3,000 48,000 TOTAL 12,615,296 1,315,768 13,931,064 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2018-2019 DATE: September 23,2019 DEPARTMENT: Various FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-2400-6110 Salaries&Wages 138,337 2,500 140,837 01-2400-6393 Contractual Services 18,000 (5,000) 13,000 01-3000-6110 Salaries&Wages 170,480 5,000 175,480 01-3000-6720 Bldgs, Fixtures&Grounds - 7,900 7,900 01-3100-6111 Overtime 25,000 (10,000) 15,000 01-3100-6222 Motor Vehicle Fuel 30,000 (10,000) 20,000 01-3100-6246 Streets&Bridge Supplies 105,000 (50,000) 55,000 01-5100-6111 Overtime 24,000 (8,000) 16,000 01-5100-6115 Extra Help 125,000 (10,000) 115,000 01-5100-6350 Bldgs/Structure Improvements 10,000 10,000 20,000 01-5100-6720 Bldgs, Fixtures&Grounds - 12,000 12,000 01-9000-6315 Computer System 95,000 90,000 185,000 01-9000-6326 Retiree Insurance 25,000 10,000 35,000 01-9000-6336 Retiree Accrued Compensation 25,000 (25,000) - 01-9000-6406 Contingency 40,000 (10,000) 30,000 01-9000-6409 Vacation Buy Back 23,000 (23,000) - 01-9000-6411 Preventive Care Reimbursement 35,000 (35,000) - 01-9000-6904 Transfer to Parks Special Fund 220,000 100,000 320,000 01-9000-6907 Transfer to Capital Outlay 230,520 1,000,000 1,230,520 01-9000-6908 Transfer to Equip Replacement 175,000 300,000 475,000 01-9000-6939 Transfer to Street Imp Fund - 200,000 200,000 TOTAL 1,514,337 1,551,400 3,065,737 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2018-2019 DATE: September 23,2019 DEPARTMENT: Various FUND: Water&Sewer(50) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 50-0000-4610 Interest Income 10,178 70,675 80,853 50-0000-4830 Sewer Service 1,955,000 400,000 2,355,000 50-0000-4860 Tapping Fees 35,000 23,000 58,000 50-6000-6110 Salaries&Wages 354,905 9,000 363,905 50-6000-6256 Chemicals& Insecticides 300,000 (25,000) 275,000 50-6000-6348 Electricity 120,000 (20,000) 100,000 50-6000-6351 Fixed Plant&Equipment R&M 85,000 (35,000) 50,000 50-6000-6404 Untreated Water 207,000 24,000 231,000 50-6100-6110 Salaries&Wages 254,490 7,000 261,490 50-6100-6121 Group Insurance 44,800 (3,000) 41,800 50-6100-6341 Insurance General 3,000 (2,500) 500 50-6100-6393 Contractual Services 38,000 16,000 54,000 50-6200-6110 Salaries&Wages 212,844 2,000 214,844 50-6200-6222 Motor Vehicle Fuel 5,000 8,000 13,000 50-6200-6323 Permitting Fees 30,000 11,000 41,000 50-6200-6341 Insurance General 30,000 (2,500) 27,500 50-6200-6348 Electricity 175,000 (10,000) 165,000 50-6200-6740 Plant Equipment 35,000 (10,000) 25,000 50-6300-6110 Salaries&Wages 456,511 14,000 470,511 50-6300-6121 Group Insurance 91,001 (2,500) 88,501 50-6300-6222 Motor Vehicle Fuel 20,000 (6,000) 14,000 50-6300-6755 Water Distribution Lines 22,000 (18,000) 4,000 50-9000-6315 Computer System 15,000 5,000 20,000 50-9000-6326 Retiree Insurance Benefits 10,000 (10,000) - 50-9000-6336 Retiree Accrued Compensation 10,000 (10,000) - 50-9000-6406 Contingency 45,000 (40,000) 5,000 50-9000-6409 Vacation Buy Back 25,000 (25,000) - 50-9000-6411 Preventive Care Reimbursement 15,000 (15,000) - 50-9000-6905 Transfer to Debt Service Fund 302,000 632,175 934,175 TOTAL 4,906,729 987,350 5,894,079 Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2018-2019 DATE: September 23,2019 DEPARTMENT: Various FUND: Solid Waste(52),Dispatch(70) Police Narcotics(20),HOT(23) Parks Special(25),Equip Rep Gen(34) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 52-3300-6110 Salaries&Wages 441,419 (11,000) 430,419 52-3300-6222 Motor Vehicle Fuel 69,000 3,000 72,000 52-3300-6355 Vehicle&Equipment R&M 25,000 15,000 40,000 52-9000-6326 Retiree Insurance Benefits - 7,900 7,900 52-9000-6406 Contingency 36,000 (9,300) 26,700 52-9000-6409 Vacation Buy Back 800 (800), - 52-9000-6411 Preventative Care Reimbursement 4,800 (4,800) - 70-2100-6110 Salaries&Wages 576,044 11,000 587,044 70-2100-6121 Group Insurance 108,635 (2,000) 106,635 70-2100-6210 General Office Supplies 5,500 (2,000) 3,500 70-2100-6720 Buildings,Fixtures&Grounds - 10,000 10,000 70-2100-6747 Radio&Radar Equipment - 27,332 27,332 20-2100-6112 Cell Phone Allowance 4,000 (1,500) 2,500 20-2100-6220 Miscellaneous Supplies 21,776 4,000 25,776 20-2100-6333 Training&Travel 5,000 1,800 6,800 20-2100-6355 Vehicle&Equipment R&M 1,000 (1,000) - 20-2100-6393 Contractual Services - 3,800 3,800 23-0000-6389 Payment to Chamber&Hist.Soc. 80,320 12,000 92,320 23-0000-6393 Contractual Services 15,580 (12,000) 3,580 25-5102-6265 Supplies/Minor Tools&Equip. 6,000 5,350 11,350 25-5102-6393 Contractual Services 10,000 3,625 13,625 25-5104-6220 Miscellaneous Supplies 7,000 (4,900) 2,100 25-5104-6337 Advertising/Publications 4,000 (2,800) 1,200 25-5104-6393 Contractual Services 25,000 13,000 38,000 25-5105-6256 Chemicals&Insecticides 3,000 (3,000) - 25-5105-6265 Supplies/Minor Tools&Equip. 2,000 (2,000) - 34-0000-6742 Motor Vehicles 213,000 735,100 948,100 TOTAL 1,664,874 795,807 2,460,681 JUSTIFICATION End of year line-item correction Dept.Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of