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April 26, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p_m_ April 26, 2021 1_ MEETING The meeting was called to order at 4:30 p.m. by Mayor Pro Tem Hollier at the Nederland City Office Building, 207 N. 1_2`^ Street, Nederland, Texas. See attached for quorum. This meeting was OPEN to in-person attendance by the public; however due to the spacing restrictions in the City Council Chamber, all attendees WORE A MASK. The City continued to provide citizens an alternative method to attend and participate in City Council meetings. Members of the public were able to participate remotely via Zoom Teleconferencing. The following statement was posted: "1.1-1RSUANT 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 LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY_" 2. INVOCATION AMC, PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Emmett Hollier, Mayor Pro Tem. 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 Austin and seconded by Councilmember Root to approve the Consent Agenda Items a-d as presented. MOTION CARRIED_ Ayes: Mayor Pro Tem Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. a. Minutes - April 1_2, 2021_ regular meeting b. March 2021 (Departmental Reports c. Tax Assessor Collection Report - March 2021 d. Consider action authorizing the closure of various city streets for a cancer benefit. Minutes Continued, April 26, 2021 4. REGULAR AGENDA a. A motion was made by Councilmember Neal and seconded by Councilmember Root to approve a request from Brian English to utilize the Nederland Recreation Center for a summer basketball league. MOTION CARRIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. b. A motion was made by Councilmember Root and seconded by Councilmember Austin to approve a request from the Nederland Independent School District to utilize the Nederland Swimming Pool, Recreation Center, and Doornbos Park for end of the school year parties. MOTION CARRIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to accept the Quarterly Investment Report from the Finance Department. MOTION CARIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. d. A motion was made by Councilmember Neal and seconded by Councilmember Root to approve Resolution No. 2021-17, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the remodeling of the structure at 1215 and 1217 Boston Avenue. MOTION CARRIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. Note: Councilmember Austin was in attendance at the Nederland Economic Development Corporation meeting which was held on April 21, 2021 at 11:30 a.m. e. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve Resolution 2021-18, ratifying the action of the Nederland Economic Development Board of Directors related to the roof repairs of the structure at 1215 and 1217 Boston Avenue. MOTION CARRIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. Note: Councilmember Austin was in attendance at the Nederland Economic Development Corporation meeting which was held on April 21, 2021 at 11:30 a.m. f. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve Resolution No. 2021-19, designating authorized signatories as required by the Disaster Recovery Grant Program. MOTION CARRIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. Minutes Continued, April 26, 2021 g. Chris Duque, City Manager, proposed increasing the capacity at the Nederland Recreation Center to up to 25 people at the basketball court. Mr. Duque also proposed opening the public computer stations at the Library with proper social distancing, as well as seating with proper social distancing. He recommended making the study rooms available but keeping the large meeting room closed until June 1st. He also recommended to continue the face covering safety measure at all city facilities and buildings until June 1st A motion was made by Councilmember Austin and seconded by Councilmember Root to approve recommendations as presented by the City Manager regarding the COVID-19 Re-Opening recommendations. MOTION CARRIED. Ayes: Mayor Pro Tem Hollier, Councilmembers Austin, Neal, and Root Noes: None. Absent: Mayor Albanese. h. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Ordinance No. 2021-06, amending Chapter 102 of the Code of Ordinances to reduce the speed limit of South 14th Street between Nederland Avenue and Avenue H to 25 miles per hour, effective after required publications. MOTION CARRIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, and Root. Noes: None. Absent: Mayor Albanese. i. A motion was made by Councilmember Root and seconded by Councilmember Austin to authorize the solicitation of bids for the South 6th Street Water Main Improvements project. MOTION CARRIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. j. Employee Group Benefits: i. The regular meeting was recessed at 4:59 p.m. by Mayor Pro Tern Hollier for the purpose of conducting a City of Nederland Employees Benefits Trust meeting to award bids for employee group benefits. ii. The regular meeting was reconvened at 5:09 p.m. by Mayor Pro Tern Hollier. iii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the transfer of funds from the City of Nederland to the City of Nederland Employee Benefits Trust bank account from which monthly insurance premiums shall be paid. MOTION CARRIED. Ayes: Mayor Pro Tem Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. k. Chris Duque, City Manager, stated city staff outlined the proposed 2021 Streets Program and introduced the potential 2021 Certificates of Obligations projects. He said it is necessary to identify these projects to begin moving forward in anticipation of the funds being available in late June. Staff's recommendations are based on certificates of obligation in the amount of $4 million but no greater than $4.5 million. The only project previously selected is the widening of 18th Street bridge at Canal Avenue. Mr. Duque presented the following street projects: Minutes Continued, April 26, 2021 STREETS Widening of the 18th Street Bridge at Canal Avenue $ 370,000 Concrete Street Repairs - Nederland Ave between RR tracks and 3rd Street $ 400,000 Concrete Engineering (20%) $ 75,000 Hot Mix Overlay 9th Street - Helena to Nederland Ave (2,550 If) $ 285,000 Avenue L - Twin City Highway to S. 16th Street (1,800 If) $ 200,000 23rd Street - Helena Ave to Nederland Ave (1,900 If) $ 210,000 South 23rd Street - Nederland Ave to Avenue H (2,600 If) $ 290,000 Hardy Avenue - Ave H to concrete transition near Ave A (3,500 If) $ 1,200,000 Luling - Twin City Highway to 14th Street (1,400 If) $ 115,000 33rd Street - Hardy Ave to Nederland Ave (1,000 If) $ 110,000 Engineering (20%) $ 425,000 Streets Subtotal $ 3,680,000 DRAINAGE Improvements - Ave N and 17th Street with engineering $ 120,000 Studies - Nederland Ave (1st to 8th Streets), Helena Ave (36th St.), Seattle Ave (27th to 30th Streets) $ 400,000 Drainage Subtotal $ 520,000 TOTAL $ 4,200,000 Jeff Smith, 1703 Avenue N, spoke regarding a drainage issue and repetitive flooding at his home on Avenue N. Normal rainfall floods his home and he would like the City Council to take action to address his drainage problem. He has been dealing with this for several years and has spoken with the City Manager and Public Works Director. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve the projects as presented utilizing 2021 Certificates of Obligation funds. MOTION CARRIED. Ayes: Mayor Pro Tem Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. I. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve Resolution No. 2021-20, relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to project expenses from proceeds of the 2021 Certificates of Obligation for authorized purposes. MOTION CARRIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • National Day of Prayer will be May 6th at 7:30 a.m. outside City Hall • Mother of the Year will be May 4th at 5:30 a.m. at the KC Hall Minutes Continued, April 26, 2021 • Jefferson Central Appraisal District is currently sending out notices of appraised value to taxpayers informating them of their proposed 2021 value for property tax purposes. The Texas Property Tax Code requires the Appraisal District to appraise property at its market value. To ensure properties are being appraised at market value, the Property Tax Assistance Division of the Texas Comptroller's Office conducts a Property Value Study on a biennial basis on each school district in Texas. This study is an independent estimate of property values that is mandated by the Texas Legislature for school funding purposes. All school districts in Jefferson County failed the Property Value Study for the 2020 tax year indicating values are substantially below market value. The Appraisal District adjusted values this year as required by the Property Tax Code to reflect market value. This adjustment does not mean the value for all properties were increased, some may not change or some may decrease. Residential property with a homestead exemption with the same over in previous and current year is limited to an increase in value of no more than 10 percent per year provided no new improvements were added. Taxpayers have 30 days from the date their notice of appraised value was mailed to file a protest with the Appraisal Review Board if they do not agree with the District's value. 6. ADJOURN There being no further business a motion was made by Mayor Pro Tern Emmett Hollier and seconded by Councilmember Austin to adjourn the meeting at 5:50 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root. Noes: None. Absent: Mayor Albanese. :dor -.4.10i,: 0 Emmet Hollier, Mayor Pro Tern V•tOt J,•-• ±� '• = City of Nederland, Texas ATTEST: OAL / _ ii �r ,4041 ay Ferg ion, 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 V Billy Neal Council Member-Ward II v Emmett Hollier Council Member-Ward III v 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 ry V 7 Gary Porter Police Chief Terry Morton Fire Chief v Robert Woods Director of Public Works V George Wheeler Building Official \./ Victoria Klehn Librarian 1 / Holly Guidry Human Resources Director v Joni Underwood Executive Secretary v Angela Fanette Parks Director Z-:11 Emmett oilier, Mayor Pro Tem 1 iiff'A1 / 1I A /, A/ A ay Fergu!•n, City Clerk I at DI )4I A 1 4Y- ALLISON c�0 ALLISON NATHAN GETZ /' �_ .\',)-e TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR 1 " 1 CHIEF DEPUTY TEXAS 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 $211,671.56, represents all taxes collected for CITY OF NEDERLAND during the month of March 2021. 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 Don Albanese,Mayor / • Billy Neal,Councilmember City Talmadge Austin,Councilmember o f Ne d e rl a n d Emmett Hollier,Mayor Pro-Tem Sylvia Root,Councilmember ZeiI Christopher Duque,City Manager eYM i P.O.Box 967•Nederland,Texas 77627•(409)723-1503 FAX(409)723-1550 g 1.411 i,n- Investment Report For the Quarter Ending March 31,2021 This report has been prepared in accordance with the Public Funds Investment Act(Section 2256.023, Government Code),which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland • Duque, City Manager Cheryl D* den, P hector of Finance `Programmed for Progress fl City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending March 31, 2021 Investments at Beginning of Period (1-1-21) $ 33,138,352.18 Purchases 7,873,988.08 Maturities 405,000.00 Investments at End of Period(3-31-21) $ 40,607,340.26 Maturity Summary at March 31, 2021 111111111 ■Less than 3 months ■3 to 9 months 09 to 12 months •Greater than 12 months City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending March 31, 2021 Balance Balance 1/1/2021 Purchases Maturities 3/31/2021 General Fund $ 15,862,513.21 $ 4,001,916.74 $ 19,864,429.95 Capital Outlay Fund - 2,000,036.23 2,000,036.23 Library Fund 71,111.92 8.16 71,120.08 Library Fund-Zaruk Memorial 10,544.58 1.33 10,545.91 Equipment Replacement Fund-General - 570,010.32 570,010.32 2017 Street Improvement Bond Fund 266,540.10 30.99 266,571.09 Water&Sewer Fund 5,377,432.09 400,632.43 5,778,064.52 Solid Waste Fund 2,863,656.56 329.36 200,000.00 2,663,985.92 Street Improvement Fund 3,352,455.91 389.82 3,352,845.73 Police Narcotics Fund 105,744.54 12.16 5,000.00 100,756.70 2018 WW Project 5,042,446.89 582.63 200,000.00 4,843,029.52 2020 Water Tower Project - 900,016.32 900,016.32 Bond Redemption Fund 185,906.38 21.59 185,927.97 $ 33,138,352.18 $ 7,873,988.08 $ 405,000.00 $ 40,607,340.26 Fund Allocation at December 31, 2020 Equipment Replacement Street Improvement Fund 2020 Water Tower Project Fund-General 8.26% 2.22% 1.40% Capital Outlay Fund Solid Waste Fund 4.93% Police Narcotics Fund 0.25% 6.56% General Fund Bond Redemption Fund 48.92% 0.46% Water&Sewer Fund 14.23% Library Fund-Zaruk_ Memorial 0.03% 2018 WW Project 2017 Street Improvement 11.93% Bond Fund Library Fund 0.18% 0.66% Investment Report Schedule Investments for the Quarter ended March 31,2021 INVESTMENT POOL-TEXPOOL Average Days to Interest Interest Period Held Maturity Rate Market Principal Earned Book Value General Fund 01/01/21 03/31/21 1 0.0470% $ 19,862,513.21 1,916.74 $ 19,864,429.95 Capital Outlay Fund 01/01/21 03/31/21 1 0.0470% $ 2,000,000.00 36.23 $ 2,000,036.23 Water&Sewer 01/01/21 03/31/21 1 0.0470% 5,377,432.09 632.43 5,378,064.52 Bond Redemption Fund 01/01/21 03/31/21 1 0.0470% 185,906.38 21.59 185,927.97 Equipment Replacement Fund-General 01/01/21 03/31/21 1 0.0470% 570,000.00 10.32 570,010.32 Library Special 01/01/21 03/31/21 1 0.0470% 71,111.92 8.16 71,120.08 Library Special-Zaruk Memorial 01/01/21 03/31/21 1 0.0470% 10,544.58 1.33 10,545.91 2017 Street Improvement Bond Fund 01/01/21 03/31/21 1 0.0470% 266,540.10 30.99 266,571.09 Solid Waste Fund 01/01/21 03/31/21 1 0.0470% 2,863,656.56 329.36 2,863,985.92 Street Improvement Fund 01/01/21 03/31/21 1 0.0470% 3,352,455.91 389.82 3,352,845.73 2018 WW Project 01/01/21 03/31/21 1 0.0470% 5,042,446.89 582.63 5,043,029.52 2020 Water Tower Project 01/01/21 03/31/21 1 0.0470% 900,000.00 16.32 900,016.32 Police Narcotic Fund 01/01/21 03/31/21 1 0.0470% 100,744.54 12.16 100,756.70 Totals for TEXPOOL Investments $ 40,603,352.18 $ 3,988.08 $40,607,340.26 *Texpool is rated AAAm by Standard&Poor's,which is the highest rating a local government investment pool can achieve Investment Report Schedule March 31, 2021 Interest Earnings for Quarter Ended March 31, 2021 Bond Redemption Fund $ 21.59 Capital Outlay Fund 36.23 Equipment Replacement Funds 10.32 General Fund 1,916.74 Library Special Fund 8.16 Library Special Fund-Zaruk Memorial 1.33 2017 Street Improvement Bond Fund 30.99 Police Narcotic Account 12.16 Solid Waste Fund 329.36 Street Improvement Fund 389.82 2018 WW Project 582.63 2020 Water Tower Project 16.32 Water& Sewer Fund 632.43 $ 3,988.08 RESOLUTION NO. 2021-17 A RESOLUTION OF THE NEDERLAND CITY COUNCIL RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION WHEREAS,the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises;and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments,welfare, and prosperity of its citizens;and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a'higher level of employment,economic activity,and stability;and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described;and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval,to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to the remodeling of 1215/1217 Boston Avenue in an aggregate maximum amount of not more than Eighty-eight Thousand, Five Hundred, Twenty dollars and Sixty cents($88,520.60),in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 12TH day of APRIL, 2021 at which meeting a quorum was present •F'� `'- qr .4 )16= Don Albanese Mayorae p.o�i�+ a1 O• City of Nederland,Texas ' JE .��� GPO,'ay Fergus n,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: . : 'E Jesse Bra 'i Attorney City of N-•, land,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 20 day of APRIL,2021 at which meeting a quorum was present and voting. 1- ��'%E• FRi*:2 O %` ' City of Nederland,Texas A I 112211 hit 00‘ 0-4/1 4M rt ay Ferg'lason,City CIe k City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse ,ranick, 'ity ,ttorney City o Nee• and,Texas RESOLUTION NO. 2021-18 A RESOLUTION OF THE NEDERLAND CITY COUNCIL RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION WHEREAS,the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises;and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments,welfare, and prosperity of its citizens;and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment,economic activity,and stability;and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described;and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law,its charter, bylaws and by board approval,to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to the roof repairs of 1215/1217 Boston Avenue in an aggregate maximum amount of not more than Twenty-eight Thousand, Eight Hundred, and Nineteen dollars($28,819.00),in accordance with the terms and conditions as prescribed by the Board,is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 12TH day of APRIL, 2021 at which meeting a quorum was present if �r‘ z on Albanese,Mayor G'��}'`'.`a? am; City of Nederland, Texas Gay Ferg on,City Cler City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: 4/104 Jesse B'. City Attorney City of -.-rland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 26T"day of APRIL,2021 at which meeting a quorum was present and voting. \\"\\""1'r Du ���.. -----0.0-.0- -,1/1, gq �92% c):4 /\ Jl '•z r Ernwi41414ciiiitzi OliVerFi7e'' ,G' 5! *�� City of Nederland,Texas "ATTE ,T!" PayFerguson,City Clekfk P City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: 1141N- Jesse :ranick Ci .,At orney City of Ne.-rland,Texas RESOLUTION NO. 2021-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AUTHORIZING THE CITY MANAGER AND FINANCE DIRECTOR TO SIGN DOCUMENTS RELATING TO A DISASTER RECOVERY GRANT THROUGH THE TEXAS GENERAL LAND OFFICE WHEREAS, the City of Nederland has applied and received an award for funding through the Texas General Land Office for Non- Housing Community Development Block Grant funds in response to Hurricane Harvey; and WHEREAS, the Nederland City Manager and Finance Director are designated to sign documents required by the grant; NOW, THEREFOE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The City Manager and Finance Director are authorized to sign documentation relating to the disaster recovery grant administered through the Texas General Land Office Harvey Round 1 Funding. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 26th DAY OF APRIL, 2021. p �" irt:ntrrturr �,�� • _ EDF,Q ,, " ` j� f z= C uniff f1alift, MaywAaTeyn n'•��• .}4 is City of Nederland,Texas ,r,rrrnrii„� • • l GPC'u ay Fergus n,City City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: less- :rani ity Attorney City ,f i -derland,Texas ORDINANCE NO. 2021-06 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 RESIDENTIAL NEIGHBORHOODS UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ERECT THE APPROPRIATE SIGNAGE, 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 Texas Transportation Code provides the maximum prima facie speed limit of thirty (30) miles per hour on residential streets; and WHEREAS, the Texas Transportation Code also grants authority to a municipality to alter speed limits to protect the health, safety, and welfare of its citizens; and WHEREAS, the City has received input from citizens in the South 14th Street neighborhoods expressing concerns about the safety of their families and property due to the traffic and speeds; and WHEREAS, the Nederland Police Department attempted to address these concerns with more active traffic patrol and the placement of the"speed box;"and WHEREAS, South 14th Street between Nederland Avenue and Avenue H has two curves that obstruct the view of on-coming traffic; and WHEREAS, as a result of the information obtained, road conditions, and the concerns of the citizens, the City Council has determined the speed limit of 30 miles per hour on South 14th Street between Nederland Avenue and Avenue H is unreasonable and unsafe; and WHEREAS,the City Council has determined that is in the best interest of the health, safety, and welfare of the City and its citizens to lower the speed limit to twenty-five (25) miles per hour upon South 14th Street between Nederland Avenue and Avenue H. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section I. The above recitals are hereby found to be true and correct and incorporated herein for all purposes. Section II. Chapter 102 - Traffic and Vehicles of the Code of Ordinances of the City of Nederland,Texas is hereby amended by replacing Section 102-120 and renumbering the previous Section 102-120 to Section 120-121 as follows: Sec.102-120. 25 miles per hour speed limits zones. The speed limit on the following designated streets shall be 25 miles per hour, which limit shall be designated with proper signage, and it shall be unlawful for any person to drive any vehicle at a speed in excess of such limit: a) South 14th Street between Nederland Avenue and Avenue H. The City Manager or his or her designee shall post or cause to be posted the maximum speed limit in this section by appropriate signs in conspicuous places, so that every driver may be aware of the speed limits established hereby. Section 102.121. 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 III. The City Manager or his or her designee is hereby directed to erect or cause to be erected appropriate signage giving notice of the speed limit established herein and such provision shall not be effective unless such signs or marking are in place at the time of an alleged offense. Section IV. 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 IV. 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 V. 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 26th day of April, 2021. ,",wi;ilc%ptrr iii' 11 __" 444,,11 /�njoz a*r %0 •..• •.`e;to r/%.• YYIM.e-14 '- 19 ��,' ,- , 4 C l-4a tr►t°r,P'1u yclV�✓b Ion xe4.(1t-L41 - G y on, City Cl r Fergk APPROVED AS TO FORM AND LEGALITY: Jess- t ' , City Attorney RESOLUTION NO. 2021-20 A RESOLUTION OF THE NEDERLAND CITY COUNCIL RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO PROJECT EXPENSES FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council of the City of Nederland,Texas(the"Issuer")has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer (i) constructing street and bridge improvements, including drainage, landscaping, curbs,gutters,sidewalks,entryways,pedestrian pathways,signage and traffic signalization,etc. (the "Construction Costs"), (ii) the payment of various engineering costs, including studying, design testing,design engineering,and construction inspection related to the Construction Costs (the "Engineering Costs), (iii)the payment of various administrative costs, including the fees of bond counsel,financial advisor,and other professional services(the"Administrative Costs"). The Construction Costs, the Engineering Costs, and the Administrative Costs collectively constitute the costs of the Issuer's project this is the subject of this Resolution(the"Project");and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code ("Section 1201.0421 providethat theproceeds from the sale of obligations issued to finance the acquisition,construction,equipping,or furnishing of any project or facilities,such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations;and WHEREAS,the United States Department of Treasury released Regulation Section 1.150- 2, which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended;and WHEREAS,the Issuer intends to reimburse itself,within eighteen months from the later of the date of expenditure or the date the properly financed is placed in service(but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations that the Issuer currently contemplates issuing in the principal amount of not to exceed$4,500,000.00 to finance a portion of the costs of the Project;and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures;and WHEREAS,the Issuer hereby finds and determines that the reimbursement for the prior expenditures of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances;and WHEREAS,the City Council of the City of Nederland,Texas hereby finds and determines that the adoption of this Resolution is in in the best interests of the residents of the Issuer. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The issuer intends to otherwise comply, in addition to those matters addressed within this Resolution,with all the requirements contained in the Regulations. SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict,and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid,the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found,determined,and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time,place,and subject matter of the public business to be considered at such meeting, including this Resolution,was given,all as required by Chapter 551,as amended,Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. -PASSED AND APPROVED ON THE-FIRST READING BY THE CITY COUNCIL OF THE CITY Of NEDERLAND,TEXAS this the 26'r day of APRIL. 2021 at which meeting a quorum was present and voting. ii=(...):10* ..lar Vn L:tro&Hirri&I Mayo RoTem OF 3EN\ City of Nederland,Texas ATTe$Tlmnu1" 'S,POLLA \ Gay Ferg�Yson,City CI Irk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse :rani ity Attorney City.f N-.erland,Texas