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August 24, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 24, 2020 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. This meeting was closed to in-person attendance by the public. A temporary suspension of the Open Meetings Act to allow telephone or videoconference public meetings has been granted by Governor Abbott. Telephonic and videoconferencing capabilities were utilized to allow individuals to address the City Council. The following statement was posted: "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY." 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 Councilmember Neal and seconded by Mayor Pro Tern Hollier to approve the Consent Agenda Items a-d as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. a. Minutes - August 10, 2020 regular meeting b. July 2020 Departmental Reports c. Tax Assessor Collection Report - July 2020 d. Consider action authorizing the submittal of a grant application to the Wilton and Effie Mae Hebert Foundation. Minutes Continued, August 24, 2020 4. REGULAR AGENDA a. Receiving comments from Cheryl Underhill regarding the City's Smoking Ordinance has been postponed. b. A motion was made by Councilmember Austin and seconded by Councilmember Root to authorize the closure of Boston Avenue between Twin City Highway and 14th Street and all intersections on Saturday, October 17th for the NEDC's Fall Market Day event. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. c. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Root to accept the quarterly Hotel Occupancy Tax Fund report from the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. d. A motion was made by Mayor Pro Tem Hollier and seconded by Councilmember Root to authorize the solicitation of bids for the Wastewater Treatment Plant Improvements Phase One project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. e. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Hollier to authorize the solicitation of bids for the Wastewater Treatment Plant Improvements Phase Two 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 Councilmember Root to approve Ordinance No. 2020-20, amending Chapter 102 of the Code of Ordinances - Traffic and Vehicles. 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. 2020-14, ratifying a Declaration of Local State of Disaster in response to concerns related to the Coronavirus disease 2019 (COVID- 19) and consenting to continuation of the disaster declaration for a period of more than seven days. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. h. Chris Duque, City Manager, reported the number of cases of COVID-19 has decreased but he still has concerns regarding the upcoming Labor Day Holiday. He said if numbers of positive cases remains level he would recommend slowly reopening city facilities beginning September 14th Minutes Continued, August 24, 2020 i. Fiscal Year 2020-2021 Budget: i. The regular meeting was recessed and a Public Hearing was called to order at 4:50 p.m. by Mayor Albanese for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year 2020-2021 Annual Budget. Chris Duque, City Manager, said it is necessary to conduct a public hearing on the proposed Fiscal Year 2020-2021 Annual Budget. As with any public hearing, interested persons will be given the opportunity to comment on the budget. A copy of the budget is available at the City Clerk's office, the City's website, and the City's social media page. The ordinance adopting the FY 2020-2021 Annual Budget shall be placed on the September 14, 2020 at 4:30 p.m. agenda for consideration. No action was necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:51 p.m. by Mayor Albanese. ii. The regular meeting was recessed and a Public Hearing was called to order at 4:51 p.m. by Mayor Albanese for the purpose of receiving comments regarding the proposed tax rate of $0.579708 per $100 assessed valuation for the Fiscal Year 2020-2021. Mr. Duque stated the public hearing is being held to discuss the proposed Fiscal Year 2020-2021 tax rate. All interested persons are given the opportunity to comment on the proposed tax rate. At the August 10, 2020 meeting, the Council unanimously voted to utilize the voter approval (rollback) tax rate of $0.579708 per $100 assessed valuation for the fiscal year beginning October 1, 2020 and ending September 30, 2021. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was convened at 4:53 p.m. by Mayor Albanese. iii. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Hollier to approve Ordinance No. 2020-21, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:06 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.087, Deliberation Regarding Economic Development Negotiations. The Executive Session was recessed at 5:30 p.m. for a conference call with Mayors regarding Hurricane Laura with Jefferson County Judge Jeff Branick. The Executive Session was reconvened at 5:48 p.m. 6. RECONVENE The regular meeting was reconvened at 6:10 p.m. by Mayor Albanese. Minutes Continued, August 24, 2020 j. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Austin to approve an agreement for Shelter Services between the City of Nederland and First Baptist Church of Nederland. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. k. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Hollier to approve Resolution No. 2020-15, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the purchase of 1132 Nederland Avenue. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 7. COMMUNICATION a. Miscellaneous: Mr. Duque briefly discussed the tentative plans for the potential landfall of Hurricane Laura to our area. 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Root to adjourn the meeting at 6:15 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Don Albanese, Mayor o011 i I[lilt/W/o/ Deni jalgOAS-42) -." . p� N�� ' %2'; City of Nederland, Texas .x::01 ;c �..a= U f� 4 Ati'EST'o, aL - y Fergus , City Clerk 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 Peag 2 A Don Alba ese, Mayor Lay Fergus• , City C erk • August 24, 2020 Date ,SON Cp ALLISON NATHAN GETZ �1, TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR ,'`- ,¢ CHIEF DEPUTY *T •S /,, EXA. 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 $70,209.92, represents all taxes collected for CITY OF NEDERLAND during the month of July 2020. ( A 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. 2020-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS EXTENDING THE DISASTER DECLARATION ISSUED BY MAYOR ALBANESE ON MARCH 16, 2020 IN RESPONSE TO THE CORONAVIRUS DISEASE 2019 (COVID-19) WHEREAS, the City of Nederland, Texas has been impacted by the Coronavirus Disease 19 (COVID-19)that was declared a pandemic by the World Health Organization;and WHEREAS,on March 16, 2020, Don Albanese, Mayor of the City of Nederland,Texas issued a Declaration of Disaster declaring a state of disaster for the City of Nederland;and WHEREAS,the Nederland City Council via Resolution No. 2020-03, No. 2020-04, No. 2020-06, No. 2020-09, and No. 2020-12 authorized the extension of the Declaration of Disaster in accordance with Section 418.018 of the Texas Government Code;and WHEREAS,the conditions necessitating such disaster declaration continue to exist;and WHEREAS, pursuant to Section 418.108(b),Texas Government Code, a local state of disaster may not be continued for a period in excess of seven(7)days without the consent of the governmental body of the political subdivision;and WHEREAS,the continued presence and effects of Coronavirus Disease 19(COVID-19) pose an imminent threat to public health and safety and immediate action of the City Council is required. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: Section 1. The declaration of disaster, which was signed and executed by the Mayor on March 16, 2020, shall be extended by the City Council of the City of Nederland though September 24, 2020 in accordance with Section 418.018 of the Texas Government Code. Section 2. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Open Meetings Act,Texas Government Code, Chapter 551. Section 3. This resolution shall become effective from and after its passage. PASSED AND APPROVED by the Nederland City Council this the 24T"day of AUGUST,2020. Don Albanese, Mayor City of Nederland, Texas ATTEST: oiLotopA-- pay g u on, City Cler APPROVED AS TO FORM AND LEGALITY: Jesse B anick, ity Attorney ORDINANCE NO. 2020-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, 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 MILES PER HOUR 7:15 AM until 9:00 AM and 2:00 PM until 4:15 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.until 4:15 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 17th 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 13th Street southbound from Avenue A to 100'south of the Alternative Campus property t) Avenue A between South 12th Street and South 13th 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 24TH day of August, 2020. /QQg 21. -- Don Albanese,Mayor City of Nederland,Texas ATTEST: Podty\__ yergus i,City Clerk `J City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jess Bra ,City Attorney Ci of •derland,Texas ORDINANCE NO. 2020-21 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 RATES, 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 PENALTIES, RE- CONNECTION CHARGES, TRANSFER FEES, AND RETURNED CHECK FEES AND REPEALING ORDINANCE NO. 2019-25. 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. s 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 f) address to be served responsible for the payment of g) address, if different from the service utility service address, to which bills are to be sent b) the social security number of the h) home telephone number individual responsible for payment i) the signature of the individual c) the driver's license number responsible for payment d) the applicant's employer j) proof of identification e) the applicant's work phone k) rental agreement, if applicable number 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 this situation, water provided by such separate service will not be discharged through the CITY'S sewer system. SECTION 5. Water Connection/Taps and Sewer Connection/Tans. A. GENERAL 1. The CITY reserves the right to tap existing CITY water lines, set water meters, and require use of CITY taps and meters and reserves the right to tap existing CITY sewer lines. 2. Any individual or business desiring a water tap and/or 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 water line(water system)and/or the sewer line (sewer collection system),the CITY shall provide all materials, labor and equipment to tap the existing water line and/or existing sewer line. 3. The CITY shall make the final determination as to the location of the water and/or sewer tap. 4. If street excavation is required, the following fees will be assessed in addition to the fees listed below: Additional Cost for Street Excavations Excavation Length Asphalt Concrete 5'or less $730 $1,650 10'or less $1,000 $2,200 15'or less $1,275 $2,400 20'or less $1,525 $3,425 25'or less $1,800 $3,650 30'or less $2,075 $4,000 31'or more Cost will be calculated Cost will be calculated B. WATER TAPS 1. The water connection fees are as follows: Inside City Outside City (No Street Excavation) (No Street Excavation) 3/4"Water Tap $ 500 $ 675 1"Water Tap 600 800 1%z"Water Tap 1,150 1,400 2"Water Tap 1,450 1,750 2"Compound 2,500 2,800 Over 2"Water Tap Cost Cost x 1.5 2. 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 6. C. SEWER TAPS 1. The sewer connection fees are as follows: Inside City Outside City (no street excavation) (no street excavation) 4"up to 5'deep $200 $300 4"from 5'to 10'deep $450 $550 6"up to 5'deep $300 $400 6"from 5'to 10'deep $550 $650 8"up to 5'deep $400 $500 8"from 5'to 10'deep $650 $750 More than 10'deep Actual cost D. NEW SUBDIVISION WATER AND SEWER TAP FEES (INSTALLED BY DEVELOPER) Tap Size Inside City Outside City %"Water $250 N/A 1"Water $350 N/A 4"Sewer $300 N/A SECTION 6. 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 City 3/4"and Smaller Water Meter $110 $110 1"Water Meter 160 160 1 Y"Water Meter 210 210 2"and Larger Water Meter 310 310 2. Residential Rental Property Deposit: In order to establish water, sewer, and garbage service, an applicant, who is not the property owner, for said services shall be required to pay a deposit to the CITY in accordance with the following schedule (excludes apartment complexes and duplexes without individual water meters for each unit): Inside City Outside City 3/4"and Smaller Water Meter $225 $225 1"Water Meter 225 225 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 7. 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, as well all trash has been cleared from the property in accordance with this ordinance and the garbage cans have been collected. 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 forty-eight (48) consecutive months. SECTION 8. Previous Service-Outstanding Balance. Any applicant requesting water service from the CITY who currently has or 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 9. Water Rates. The following monthly rates shall be charged for water service: Inside City Outside City First 2,000 Gallons(minimum)* $10.25 $14.80 Each additional 1,000 gallons** (up to 2.85 4.60 50,000 gallons) Each additional 1,000 gallons above 2.86 4.61 50,000 gallons Water Line Maintenance— 0.34 0.34 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 for the first Z000 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. The City may permit contractors engaged by the City for City construction project to utilize potable (bulk water) with the permission of the Public Works Director and the City Manager. Otherwise, no bulk water sales are permitted. SECTION 10. Sewer Rates. The following monthly rates shall be charged for sewer service: Inside City Outside City First 2,000 Gallons(minimum)* $10.65 $16.45 Each additional 1,000 gallons** (up to 5.10 6.55 50,000 gallons) Each additional 1,000 gallons above 5.31 6.76 50,000 gallons Sewer Line Maintenance— 0.34 0.34 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 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. 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) $ 20.25+sales tax* Additional Container** $ 8.65+sales tax* COMMERCIAL ACCOUNTS Businesses inside the CITY limits may elect to utilize the CITY garbage service in accordance with the following schedule: Inside City Rate(per month) $ 20.25+sales tax* Each Additional Container** $ 10.00+sales tax* No more than 3 additional containers Businesses inside the CITY limits may elect to utilize the CITY garbage service and not receive twice a month trash service in accordance with the following schedule: Inside City Rate(per month) $ 13.25+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 designee 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. Garbage bags will be available at City Hall for purchase by customers. The fee for garbage bags is$7.00 per roll of bags. SECTION 12. 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 mailed 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 13. Delinauencv-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 notice via telephone call or mail shall be sent to the customer on the Thursday following the due date indicating that services shall be disconnected on the Wednesday immediately following the issuance of such notice. If payment in full is not received by 5PM on the due date, then a cut-off work order will be issued. Once the cut-off work order is issued, a reconnection fee and any additional deposit shall be due in addition to the previous balance. SECTION 14. 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). A customer will be required to keep a minimum $210 deposit on file or a $325 deposit for residential rental property accounts in addition to the account balance and reconnection fees before utility service is reconnected. Any additional deposit required may be billed in two installments. 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 15. 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 bill of the transferred account plus $15.00 will be added to the customer's new account. The transferred account may remain active no longer than fourteen days. SECTION 16. 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 that the bill be paid by cash, money order, cashier's check,or credit card. 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 verification 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 CITY 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, cashier's check, and/or credit card. SECTION 17. 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 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 18. Failure to Receive a Bill. 1. All bills for utility 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 19. 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: dates of future payments, amounts of future payments; and 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 20. 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 provide an invoice or receipt as proof that the 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. Sewer adjustments shall not exceed $2,500 unless approved by the City Council. 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. 7. Any suspected billing errors should be reported to the Billing &Collections Department when the billing error is discovered. If a billing error did occur, an adjustment will be calculated to correct the error. However, adjustments will be limited to the previous twelve months billing and require the city manager's approval. SECTION 21. 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 22. 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. The City shall document the work and add the service fee on the customer's next bill; the next month bill will be the customer's notice. 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 piles 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. Green waste and trash will not be removed if it is co-mingled. 4. Should an owner of property or customer within the CITY request 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. The placement of the trash in quantities greater than four cubic yards shall constitute the owner or customer's request for said service and acceptance of prescribed fees. SECTION 23. Disaster. In the event of a declared disaster,such as a hurricane, tornado,flood, ice storm, pandemic, etc. significantly impacting the community, the City Manager is authorized to waive fees, penalties, etc. for up to 30 days from the date of the disaster. The waiver of fees, penalties, etc.shall not exceed$150.00 for residential customers or$250.00 for commercial or industrial customers for each request or incidence. The City Manager is authorized to waive disconnection of utility services for non-payment for a period of NO MORE THAN 30 DAYS from the date of the disaster. 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, 2020. PASSED AND APPROVED by the City Council of the City of Nederland,Texas at a special meeting this the 24TH day of AUGUST 2020. on A banese, ayor City of Nederland,Texas ATTEST: G y� u n, CityClerk�� City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse rani ity Attorney City f Ne rland,Texas