November 18, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NED,ERLAND,
4:30 P.m. November 18, 2015
1. MEETING
The meeting was called to order at 4.30 p.m. by Mayor Albanese at the Nederland City
Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
The Following statement was posted=
"PURSUANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED, HANUGUN), A PERSON LICENSED, UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT COD,E CHAND,GUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HAND,GUN THAT IS CARRIED,
OPENLY."
2_ INVOCATION AND, PLED,GE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Cleric.
3. CONSENT AGEND,A - 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 mem ber so requests, in which event the item
will be removed from the Consent Agenda and considered separately.
A motion was made by Mayor Pro Tem Neal and seconded by Cou nci l mem ber Root to
approve the Consent Agenda Items a-d as presented. MOTION CARRIED,_
Ayes: Mayor Albanese, Council members Austin, Neal, Hollier, and Root.
Noes: None.
a. Minutes - November 11, 2019 regular meeting.
b. October 2019 Departmental Reports
c. Tax Assessor Collection Report - October 2019
d_ Requests:
• Consider action approving a request from Little Dribblers to utilize the
Nederland Recreation Center gymnasium for practices and waiver of
associated fees.
• Consider action approving a request from Gulf Coast Youth Soccer Club to
utilize the Nederland Recreation Center gymnasium for an indoor soccer
league.
• Consider action authorizing the closure of 21�t Street from Detroit Avenue
to Nederland Avenue, Detroit Avenue from 17th Street to 21Street,
Nederland Avenue from 2Street to Y2th Street, 12th Street from
Nederland Avenue to Boston Avenue, 14th Street from Nederland Avenue to
Boston Avenue, Boston Avenue from 12th Street to 17th Street on Tuesday,
December 3'd for the Annual Lighted Christmas Parade.
Minutes Continued, November 18, 2019
4. REGULAR AGENDA
a. A motion was made by Councilmember Hollier and seconded by Councilmember
Root to approve a work authorization with Schaumburg & Polk, Inc. in the amount
of $66,100.00 for engineering services related to the asphalt street work included
in the Street Program. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
b. A motion was made by Councilmember Austin and seconded by Councilmember
Hollier to approve a work authorization with Schaumburg &Polk, Inc. in the amount
of$48,700.00 for engineering services related to the concrete street work included
in the Street Program. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
c. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Root
to approve a work authorization with Schaumburg & Polk, Inc. in the amount of
$80,400.00 for engineering services related to the planned Bourque Road project
included in the Street Program. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Councilmember Hollier and seconded by Mayor Pro Tem
Neal to approve a work authorization with Schaumburg & Polk, Inc. in the amount
of $35,100.00 for engineering services related to the planned Hodgson Road
project included in the Street Program. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. A motion was made by Councilmember Austin and seconded by Councilmember
Hollier to amend the Engineering and Consulting Services Agreement with
Schaumburg & Polk, Inc. for the Main Sewer Line Rehabilitation project. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve a License to Encroach between Mike Meriwether and the City of
Nederland regarding property located at 1410 23rd Street, described as Lot 8, Block
8 of Christina Court, Sec. 4. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
g. A motion was made by Councilmember Root and seconded by Councilmember
Austin to approve Resolution No. 2019-17, in regard to the collection of unpaid
fines, fees, court costs, forfeiter bonds, and restitution as provided in Article
103.0031 and making related findings. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
h. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Root
to approve Ordinance No. 2019-34, authorizing a collection fee amount of 30% of
.rr
Minutes Continued, November 18, 2019
debts and accounts receivable such as unpaid fines, fees, court costs, forfeited
bonds, and restitution ordered paid by a municipal court serving the City, and
amounts in cases in which the accused has failed to appear: 1) as promised under
Subchapter A, Chapter 543, Transportation Code, or other law, 2) in compliance
with a lawful written notice to appear issued under Article 14.06(b), Texas Code of
Criminal Procedure, or other law, 3) in compliance with a lawful summons issued
under Article 15.03(b), Texas Code of Criminal Procedure, 4) in compliance with a
lawful order of a court serving the City, or 5) as specified in a citation, summons,
or other notice authorized by Section 682.002, Transportation Code, that charges
the accused with a parking or stopping offense, when such debts, accounts
receivable and amounts are more than 60 days past due and have been referred
to an attorney or other vendor for collection. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
i. A motion was made by Councilmember Root and seconded by Councilmember
Austin to approve a contract for fines and fees collection services with Linebarger,
Goggan, Blair, & Sampson, LLP to provide the collection services pursuant to the
Texas Code of Criminal Procedure, Article 103.0031. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
j. A motion was made by Councilmember Hollier and seconded by Councilmember
Root to approve Resolution No. 2019-18, in regard to the collection of unpaid,
fines, fees, court costs, forfeited bonds, and restitution as provided in Texas Code
of Criminal Procedure, Article 103.0031 and making related findings. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:02 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.
6. RECONVENE
The regular meeting was reconvened at 5:20 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:
• City Offices will be closed November 28th and 29th in observation of
Thanksgiving.
• Avenue H is expected to reopen next week.
• Employee Thanksgiving Luncheon is tomorrow at 11:30 at the Masonic Lodge.
Minutes Continued, November 18, 2019
8. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Austin to adjourn the meeting at 5:28 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
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• 1 1f,%, •. Don Albanese, Mayor
.b:.� =cj City of Nederland, Texas
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City of Nederland, Texas
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT/ ABSENT
Don Albanese Mayor v
Talmadge Austin Council Member-Ward I . \/
Billy Neal Council Member-Ward II v
Emmett Hollier Council Member-Ward III
Sylvia Root Council Member-Ward IV V.
Chris Duque City Manager
Gay Ferguson City Clerk
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance v
Gary Porter Police Chief Vz
Terry Morton Fire Chief V
Robert Woods 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
.0, /et/
on Alba -se, Mayor
p A 4
ay Fergus , City Clerk S
November 18, 2019
Date
sr�
•ig0ArCA
ALLISON NATHAN GETZ /z l— TERRY WUENSCHEL
CHIEF DEPUTY
TAX ASSESSOR-COLLECTOR ac %\ �F
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 $284,276.47, represents all taxes collected for CITY OF NEDERLAND
during the month of October 2019.
(i40,6-{ISAllt•)4-
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 NO. 2019-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS IN REGARD TO THE
COLLECTION OF UNPAID FINES, FEES, AND COURT
COSTS AS PROVIDED IN TEXAS CODE OF
CRIMINAL PROCEDURE ARTICLE 103.0031 AND
MAKING RELATED FINDINGS
WHEREAS,the City desires to hire an agency to collect unpaid fines,fees,and court costs
as authorized by the Texas Code of Criminal Procedure Article 103.0031;and
WHEREAS, Linebarger, Goggan, Blair & Sampson, LLP has the necessary level of
competence,qualifications,and experience to handle such duties;and
WHEREAS, the City shall engage Linebarger, Goggan, Blair & Sampson, LLP effective
November 18,2019;and
WHEREAS, the City does not have or possess resources to hire or provide the services
internally because the cost of hiring additional staff, attorneys, or implementing the necessary
infrastructure would be a burden to the City;and
WHEREAS,the City believes that these services cannot be billed because to do so would
create an unreasonable cost to the City;and
WHEREAS,the contingency fee contract would be in the best interest of the residents of
Nederland because the City believes that the unpaid fines,fees,and court costs will be collected
in a professional manner.
NOW,THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. 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.
0a0"""1"PWED AND APPROVED this the 18T"day of NOVEMBER,2019.
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Don Albanese,Mayor
cV
ay Fergus.n,City Clerk
APPROVED AS TO FORM AND LEGALITY:
J: se Bra , ity Attorney
ity of •derland,Texas
RESOLUTION NO. 2019-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS IN REGARD TO THE
COLLECTION OF UNPAID FINES, FEES, AND COURT
COSTS AS PROVIDED IN TEXAS CODE OF
CRIMINAL PROCEDURE ARTICLE 103.0031 AND
MAKING RELATED FINDINGS
WHEREAS,the City finds there is a substantial need for services to collect of unpaid fines,
fees,court costs,forfeited bonds,and restitution ordered paid by a court serving the municipality
and amount in cases in which the accused has failed to appear;and
WHEREAS,these services cannot be adequately performed by the City Attorney;and
WHEREAS,these services cannot be adequately performed for an hourly fee.
NOW,THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. 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.
u1101Oi,PASSED AND APPROVED this the 18TH day of NOVEMBER,2019.
Don Albanese,Mayor
0. 'O
IA A
ay Fergus on,City Cle
APPROVED AS TO FORM AND LEGALITY:
a�
Jess Branir ItyAttorney
Ci ofN-'erland,Texas
ORDINANCE NO. 2019-34
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS, AUTHORIZING A
COLLECTION FEE IN THE AMOUNT OF 30% OF
DEBTS AND ACCOUNTS RECEIVABLE SUCH AS
UNPAID FINES, FEES, COURT COSTS, FORFEITED
BONDS, AND RESTITUTION ORDERED PAID BY A
MUNICIPAL COURT SERVING THE CITY, AND
AMOUNTS IN CASES IN WHICH THE ACCUSED HAS
FAILED TO APPEAR: 1) AS PROMISED UNDER
SUBCHAPTER A, CHAPTER 543, TRANSPORTATION
CODE, OR OTHER LAW, 2) IN COMPLIANCE WITH A
LAWFUL WRITTEN NOTICE TO APPEAR ISSUED
UNDER ARTICLE 14.06(B), TEXAS CODE OF
CRIMINAL PROCEDURE, OR OTHER LAW, 3) IN
COMPLIANCE WITH A LAWFUL SUMMONS ISSUED
UNDER ARTICLE 15.03(B), TEXAS CODE OF
CRIMINAL PROCEDURE, 4) IN COMPLIANCE WITH
A LAWFUL ORDER OF A COURT SERVING THE CITY,
OR 5) AS SPECIFIED IN A CITATION, SUMMONS,
OR OTHER NOTICE AUTHORIZED BY SECTION
682.002, TRANSPORTATION CODE, THAT
CHARGES THE ACCUSED WITH A PARKING OR
STOPPING OFFENSE, WHEN SUCH DEBTS,
ACCOUNTS RECEIVABLE AND AMOUNTS ARE MORE
THAN 60 DAYS PAST DUE AND HAVE BEEN
REFERRED TO AN ATTORNEY OR OTHER VENDOR
FOR COLLECTION; MAKING FINDINGS OF FACT;
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Nederland, Texas wishes to defray its costs of collection that it
incurs under a contract for collection of delinquent court fines and fees between said City and a
collection firm as authorized under the provisions of Article 103.0031,Texas Code of Criminal
Procedure;and
WHEREAS,under said article,the governing body of said City is empowered to authorize
the addition of 30%on each debt and account receivable,including fines and fees,and on each
amount in cases in which the accused has failed to appear,when each is more than 60 days past
due and has been referred for collection.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. A Collection Fee is hereby authorized and imposed,as provided by Article
103.0031, Texas Code of Criminal Procedure, in the amount of 30% of
debts and accounts receivable, such as unpaid fines, fees, court costs,
forfeited bonds,and restitution ordered paid by a municipal court serving
the City when such debt or account receivable is more than 60 days past
due and has been referred to an attorney or private vendor for collection.
A Collection Fee is hereby authorized and imposed, as authorized and
imposed, as provided by Article 103.0031, Texas Code of Criminal
Procedure, in the amount of thirty percent (30%) of amounts in cases in
which the accused has failed to appear:
(1) As promised under Subchapter A, Chapter 543,Transportation Code,
or other law;
(2) In compliance with a lawful written notice to appear issued under
Article 14.06(b)or other law;
(3) In compliance with a lawful summons issued under Article 15.03(b),
Texas Code of Criminal Procedure;
(4) In compliance with a lawful order of a court serving the City;or
(5) As specified in a citation, summons, or other notice authorized by
Section 682.002,Transportation Code,that charges the accused with a
parking or stopping offense,
When such amounts are more than sixty(60)days past due and have been
referred to an attorney or private vendor for collection.
SECTION 3. The meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
SECTION 4. The Ordinance shall be effective from and after its passage.
PASSED AND APPROVED THE 4't% ay of2019.
APPROVED:
-oGitif—agota62--
1 i\ Don Albanese,Mayor
Y�fc1?GQ "(11 City of Nederland,Texas
"'A ST:'
P19-A-idlaV4)1{Viti"—'
Gay Ferguson,City Clerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
Jes - Bra ' City Attorney
Ci y of -derland,Texas