2000[9
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. January 10, 2000
MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer E.
Nagel at the Nederland City Office Building, 1400 Boston Avenue,
Nederland, Texas.
QUORUM See attached.
MINUTES A motion was made by Councilman Nugent and seconded by
Councilman Radcliff to approve the minutes of the December 13,
1999 meeting as written. All Voted Aye.
STREETS A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to postpone hiring a consultant to evaluate
Nederland Avenue; and, to postpone action concerning repair work
on Nederland Avenue. All Voted Aye.
DEVELOPMENTS A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to postpone approving Resolution 2000 -01,
authorizing a License to Encroach at 715 - 30 " Street and
authorizing the City Manager to sign the document. All Voted
Aye.
PUBLIC HEARING A motion was made by Councilman Sawyer and seconded by
Councilman Nugent to call for a Joint Public Hearing with the
Planning and Zoning Commission to be held February 14, 2000 at
5:00 p.m. to discuss the Zoning Ordinance. All Voted Aye.
TAXATION A motion was made by Mayor Nagel and seconded by Councilman
Nugent to authorize the waiver of penalty and interest in the
amount of $ 177.25 for Account No. 07245 - 007500. All Voted
Aye.
oo►
Minutes continued, January 10, 2000
BIDS /PURCHASES A motion was made by Councilman Sawyer and seconded by
Mayor Nagel to award bids received for renovation of the Fire
Station to H. B. Neild & Sons, Inc., Beaumont, TX, in the amount
of $62,000.00. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Radcliff to authorize advertisement of bids for the sale of the City
owned Gage Avenue property, Lots 2 & 7, Block 16, Range E,
Tract 10, PALCO, 1.000 acre, with a minimum bid of $2,500.00.
All Voted Aye.
RESOLUTION A motion was made by Councilman Sawyer and seconded by
Councilman Nugent to approve Resolution 2000 -02, disapproving
the EPA's final Storm Water Phase II Rules. All Voted Aye.
ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman
Radcliff to postpone approving Ordinance No. 2000 -01, alcohol
ordinance. All Voted Aye.
A motion was made by Councilman Nugent and seconded by
Mayor Nagel to approve Ordinance No. 2000 -02, adopting 1997
Building Code. All Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Mayor Nagel to approve Ordinance No. 2000 -03, ambulance
ordinance. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to approve Ordinance No. 2000 -04, library fee schedule.
All Voted Aye.
STREETS AND A motion was made by Councilman Nugent and seconded by
SIDEWALKS Councilman Radcliff to authorize the installation of a street light at
Avenue B and Royal Way. All Voted Aye.
WATER AND A motion was made by Councilman Sawyer and seconded by
SEWER Councilman Nugent to approve Change Order No. 1 with
Excavators & Constructors, Inc. in the amount of + $21,718.33,
east annexation area water and sewer improvements. All Voted I
Aye.
Minutes continued, January 10, 2000
PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman
LA Sawyer to postpone authorizing payment to Norman Highway
Constructors, Inc., Wagner Addition collection system
improvements. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Nugent to authorize payment to Excavators & Constructors, Inc.
as follows: $23,502.09 - Avenue M- Church emergency sewer
improvements; $22,074.44 - 1998 -1999 wastewater collection
system rehabilitation; and, $40,345.94, east annexation area
water and sewer improvements. All Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to authorize payment to Don S. Reichle &
Associates in the amount of $1,700.00, Avenue G elevated
storage tank repairs. All Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Councilman Nugent to authorize payment to TMI Coatings, Inc. in
the amount of $54,211.00, Avenue G elevated storage tank
rehabilitation. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to authorize payment to Kinsel Industries, Inc. in the
amount of $131,787.79, influent lift station. All Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Councilman Nugent to authorize payment of the bills for the month
of December, 1999. All Voted Aye.
EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman
SESSION Sawyer to postpone the Executive Session. All Voted Aye.
OFFICIALS' Andre' Wimer, City Manager, reported that the library received a
COMMENTS grant from the Seawell Elam Foundation in the amount of $1 ,880.
The Foundation specified that the grant be used to purchase
classics, artist biographies, and music biographies. The Funds
must be expended and the final report filed by November 30,
2000. Mr. Wimer added that he received a letter from the
Nederland Heritage Festival requesting permission to pour a slab
at Tex Ritter Park in order to allow for more school groups and
organizations to perform during the Festival.
003,.
604 Minutes continued, January 10, 2000
ADJOURN A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to adjourn the meeting at 4:20 p.m. All Voted Aye. ,
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
C4'�L' Its,
LaDonna Floyd, City Secretary
City of Nederland, Texas
1
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
/
Joe Daughtry
Council Member - Ward 2
Mike Radcliff
Council Member - Ward 3
✓
Dick Nugent
Council Member -Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
i/
Billy Neal
Chief of Police
Mike Lovelady
Fire Chief
✓
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks & Recreation Director
Victoria Klehn
Librarian
t/
Kelly Galloway
Assistant to the City Manager
,/
Mayor
)(
City Secretary
l -ro -o0
Date
�. Y
ME
eie
CITY OF NEDERLAND
RESOLUTION 2000 -02
A RESOLUTION URGING THE TEXAS CONGRESSIONAL
DELEGATION TO DISAPPROVE, UNDER PROVISIONS OF
FEDERAL LAW, THE ENVIRONMENTAL PROTECTION
AGENCY'S FINAL STORM WATER PHASE II RULES AS
SIGNED ON OCTOBER 29, 1999.
WHEREAS, the Environmental Protection Agency signed its final Storm Water
Phase II Rule on October 29, 1999, and said Rule was published in the Federal
Register on December 7, 1999; and,
WHEREAS, the Phase II Rule will apply to all cities of 100,000 or less
population, and will impose a financial burden on cities that is not commensurate with
the intended benefits; and,
WHEREAS, the required storm water programs for affected cities must be fully
developed and implemented by March, 2008; and,
WHEREAS, a number of cities in Texas formed the Texas Cities Coalition on
Stormwater in February, 1998, to provide an effective and efficient way for Texas
cities to comment on the Environmental Protection Agency's proposed Phase II Rule
and to work with the Agency in the development of the Rule; and,
1
WHEREAS, the City of Nederland is a member of said Coalition and its Mayor
'
Pro Tern is a member of the Coalition's Steering Committee; and,
WHEREAS, a review of the final Phase II Rule indicates that the Environmental
Protection Agency made few changes to the Rule after input from the Coalition; and,
WHEREAS, the Coalition believes that strong grounds exist for congressional
disapproval of the Environmental Protection Agency's final Storm Water Phase II Rule,
as shown on Exhibit "A ", attached hereto and made a part hereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS, THAT:
The City of Nederland urges the Texas Congressional delegation to disapprove
of the Environmental Protection Agency's final Storm Water Phase 11 Rule by preparing
and /or supporting a joint resolution, within 60 days of the publishing date of said Rule
(excluding recesses), that would stop implementation of the Rule; and,
The Texas Congressional delegation is further urged to propose and support
needed changes to the Clean Water Act, as amended in 1987, to clearly state the
intent and limits of the Act in regard to storm water discharges from cities of 100,000
or less population; and,
A copy of this resolution be sent to each member of the Texas Congressional
delegation; and
A copy of this resolution be made a part of the minutes of the City Council. I
'PASSED AND APPR VED by the City Council of the City of Nederland, Texas,
this the /O day of , 2000.
j
1
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
ichard D. Hughes, City Atk6mey
City of Nederland, Texas
,1
11:
ORDINANCE NO. 2000-02
AN ORDINANCE ADOPTING THE CURRENT 1997 EDITION
OF THE STANDARD BUILDING CODE, AND APPENDIX B,
THE RECOMMENDED SCHEDULE OF PERMIT FEES, AND
AMENDING THE CONTRACTOR'S BOND REQUIREMENT
AND AMENDING CHAPTER 18, ARTICLE II OF THE CODE
OF ORDINANCES
RECITALS
A. The City Council of the City of Nederland desires to replace the1994 edition of the
Standard Building Code by adopting the 1997 edition, of the Standard Building Code.
B. The City Council of the City of Nederland desires to adopt Appendix B to the 1997
Standard Building Code replacing the 1982 Recommended Schedule of Permit Fees with the 1997
Recommended Schedule of Permit Fees.
C. The City Council of the City of Nederland desires to amend Section 104.5 and to increase
the building contractor's bond requirement.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
1. That Section 18 -26 of the Code of Ordinances, City of Nederland , Texas, is hereby
amended to read as follows:
"The 1997 edition of the Standard Building Code, a copy of which has been approved by the
City Council, is hereby adopted and declared operative as the building code of the City, save and
except the portions that are modified and amended by this article."
2. That The Standard Building Code adopted in Sec. 18 -26 is amended to read as follows:
Section 104.7.4. pertaining to permit fees, is hereby amended as follows:
Any person desiring a permit shall, at the time of filing an application
therefore, pay to the City of Nederland a fee as required in Appendix B,
Recommended Schedule of Permit Fees, of the 1997 Standard Building Code,
and as follows:
Total Valuation Fee
a. $1,000.00 and less No fee, unless inspection required,
in which case a $15.00 fee for each
inspection shall be charged.
$1,000.01 to $50,000.00 $15.00 for the first $1,000.00 plus
$5.00 for each additional thousand
Or fraction thereof, to and
including $50,000.00.
$50,000.01 to $100,000.00 $260.00 for the first $50,000.00
plus $4.00 for each additional
thousand or fraction thereof, to and
including $100,000.00.
$100,000.01 to $500,000.00 $460.00 for the first $100,000.00
plus $3.00 for each additional
thousand or fraction thereof, to and ,
including $500,000.00.
$500,000.01 and up $1660.00 for the first $500,000.00
plus $2.00 for each additional
thousand or fraction thereof.
,o n _t,
b. Moving of buildings or
structures $100.00
c. For the demolition of any
building or structure, the
fee shall be:
0 up to 100,000 cu ft $50.00
100,000 cu ft and over $0.50 /1000 cu R
d. When the valuation of the proposed construction exceeds $100,000.00 and
a plan is required to be submitted by Section 104.2, a plan- checking fee
shall be paid to the City at the time of submitting plans and specifications
for checking. Said plan - checking fee shall be equal to one -half of the
building permit fee as set forth in 104.7. Such plan- checking fee is in
additional to the building permit fee.
3. That the Section 104.5 of the Standard Building Code entitled Contractor's
responsibilities. is amended to read as follows:
It shall be the duty of every person, firm, corporation, contractor or builder,
who shall make contracts for the erection or construction or repair of
buildings, structures, electrical, gas mechanical or plumbing systems, for
which permit is required, to obtain the proper license and deposit with the
city a good and sufficient bond in the sum of $15,000.00, conditioned that the
person, firm, corporation contractor, or builder will faithfully conform to the
building regulations of the City of Nederland, and further, that the City shall
be indemnified and saved harmless from all claims arising from accidents
and damage of any character whatsoever caused by the negligence of such
person, firm, corporation, contractor, or builder or by any other inadequate
work done either by themselves or their agents or employees. The bond shall
be so written as to allow a third party to file on the bond without the
assistance of the City.
WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication
of the caption of this amendment.
PASSED AND APPROVED this / O day ofaam—yt„ 2000.
Homer Nagel, Mayor
ATTEST:
L Donna Floyd City Secretary
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Atto �j/
010
ORDINANCE NO. 2000-03 ,
AN ORDINANCE REGULATING AMBULANCE SERVICE
WITHIN THE CITY OF NEDERLAND, TEXAS PROVIDING
FOR APPLICATION, PERMITS AND FEES; PROVIDING
FOR EQUIPMENT, INSURANCE AND STAFF
REQUIREMENTS; AND, PROVIDING FOR A PENALTY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF NEDERLAND,
TEXAS,
That hereafter ambulance service in the City of Nederland shall be regulated by the following
provisions:
SECTION 1.
Definitions
1. Ambulance- Any vehicle of the modular, van, or suburban type which is used,
designed, or redesigned for the purpose of transporting the sick and injured.
2. Ambulance Permit - The permit as required under this Ordinance.
3. Cardiopulmonary Resuscitation (CPR) Training- Training in standard
cardiopulmonary resuscitation procedures approved by the American Heart
Association or the American Red Cross.
4. Emergency Medical Technician (EMT) - Any individual who has received a ,
minimum of 120 hours of training approved by the Texas Department of Health and
who is certified by the department to provide emergency pre- hospital care.
5. Emergency Medical Technician Paramedic (EMT -P)- Any individual who has
completed a training program certified and coordinated through the Texas Department
of Health for the purpose of Paramedic training, and who is certified by the
Department to provide emergency pre - hospital care as a Paramedic.
6. Street - The entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of vehicular travel.
SECTION 2
Operating Ambulance Without Permit Prohibited
No person or entity shall drive or operate an ambulance for the purpose of transporting a
sick or injured person upon the public streets of the City of Nederland unless there is a valid
ambulance permit issued and posted for inspection in said ambulance by the City of Nederland.
There shall be exempted from the provisions of the permit and license requirements of this
Ordinance those ambulances who transport the sick and injured from a location outside the City
of Nederland into the City of Nederland and who transport the sick and injured only through the
City of Nederland.
Oil
' SECTION 3
Ambulance Permit: Application: and Conditions of Issuance of Ambulance Permit
Every person or entity desiring to obtain an ambulance permit shall make application in
writing to the Fire Department on a form provided by the City for that purpose. Such application
shall contain the name, address, and telephone number of the applicant; the ambulance for which
the permit is to be issued; the address and telephone number of the location from which
ambulance services will be originated, and a current employee roster with each employee's name,
certification level; certification number, date of certification, and drivers license number. The
application shall also show the make, model, number, motor number, and licence number of the
ambulance for which a permit is being requested. Every application, when filed shall be sworn to
by the applicant and shall be accompanied by a permit fee of $24.00 (TWENTY FOUR
DOLLARS AND NO/ CENTS). Every permit shall expire at 12:00 midnight one (1) year from
the date issued.
In addition to the requirements specified herein, no ambulance permit shall be issued
unless:
A. Insurance - There is in full force and effect a policy or policies of public liability
and property damage insurance, issued by a casualty insurance company authorized
' to do business in the State of Texas, and in the standard form approved by the Board
of Insurance Commissioners of the State of Texas, with coverage provisions insuring
the public from any loss or damage that may arise to any person or property by
reason of the operation of the ambulance for which the permit is issued and providing
that the amount of recovery shall be in limits not less than the following sums:
1. For damages arising out of bodily injury to or death of one person in any one
accident, $300,000.00.
2. For damages arising out of bodily injury to or death of two or more persons in any
one accident, $500,000.00.
3. For any injury to or destruction of property in any one accident, $50,000.00;
B. State Permit- The applicant has been issued a permit by the State Board of
Health pursuant to the most current Annotated Texas Civil Statutes;
C. A current State inspection sticker is displayed on the windshield of the vehicle;
D. Permanent license plates are prominently displayed on both front and rear of
the vehicle;
E. The vehicle has a vehicle number prominently displayed on both front and rear
quarter panels; and
F. The company name is prominently displayed on both the right and left side, as
well as to the rear of the vehicle.
F
SECTION 4 '
Equipment
As a minimum requirement, every ambulance for which an ambulance permit is issued
shall be equipped with the following:
A. Medical Equipment
1. All equipment now or hereafter required by the rules and regulations of the
Texas Department of Health for a State ambulance permit.
B. Safety /Extrication Equipment
1. All equipment now or hereafter required by the Texas Motor Vehicle Laws
governing authorized emergency vehicles.
SECTION 5
Licensed Personnel and Minimum Requirements
Every ambulance, when responding to 911 calls, must be staffed with at least two
attendants, one of whom shall be the holder of a current EMT -P certificate and the other the
holder of a current EMT certificate, both issued by the Texas Department of Health. Both must
have current CPR cards from the American Heart Association or the American Red Cross.
SECTION 6 ,
Emergency Suspension of an Ambulance Permit
The Fire Marshal shall issue an emergency order to suspend any permit issued under this
Ordinance if a member of the Fire Department has reasonable cause to believe that the conduct of
any permit holder creates an imminent danger to the public health or safety.
The following shall be grounds for emergency suspension of an ambulance permit:
A. The permit holder, an employer, or any employee of the permit holder has violated
any provision of this Ordinance; or
B. The permit holder or owner of the ambulance for which the permit is issued is failing
to comply and maintain such ambulances in compliance with the requirements set
forth in Section 4 providing for certain equipment; or
C. The permit holder has refused transportation to any person in medically necessary
circumstances; or
D. The permit holder has failed to maintain the interior and equipment of the vehicle in
an aseptic manner; or
E. The permit holder or an employee of a permitted ambulance company engages in I
deceptive business practices or illegal activities while using the permitted ambulance
for such activity; or
' F. The permit holder fails to operate a business in compliance with the zoning
ordinances of the City of Nederland; or
G. The permit holder fails to produce proof of an insurance policy in full force
providing coverage set out in the provisions of Section 3 of this Ordinance; or
H. The permit holder fails to maintain valid and /or current registration and inspection
stickers when applicable.
The emergency suspension is effective immediately upon notice to the permit holder,
and will remain in effect until the permit holder is in compliance with all provisions of this
Ordinance and / or the permit holder no longer creates an imminent danger to the public health or
safety.
SECTION 7
Violation of Ordinance
Any person or entity who violates any provisions of this Ordinance, upon conviction, shall be
punished by a fine of not less than one dollar ($1.00) and not more than two thousand dollars
($2,000) per Local Government Code Chapter 54, Sub - chapter A, of General Provisions. Each
day such violation shall be permitted to exist shall constitute a separate offense.
' SECTION 8
Non - Preference list
There shall be established by this section a non - preference list for ambulances. The City
of Nederland Central Dispatch shall use this non - preference list in such cases that the City sees
need to request the services of an ambulance. However, individuals that request ambulance
service may request any of the ambulance service's that are permitted to operate in the City of
Nederland.
Ambulance services who hold a valid permit issued by the City shall operate on a
rotation basis for emergency medical calls received through the 911 system. The method of
rotation shall be one week of call for each service starting at 7:00 am Sunday, and lasting until
7:00 am the following Sunday. These weeks will rotate in relation to the number of services
permitted to operate in the City.
The non - preference list shall rotate. However, in the case that the City of Nederland is
unable to contact an ambulance service , the service refuses the call, or there is a response time
greater than eight (8) minutes, the service's turn on rotation shall be forfeited.
Neither the Police Department, Fire Department, nor the City of Nederland or any of its
agents, employees, or officials shall be held responsible for any charges made by an ambulance
service responding to a non - preference call.
SECTION 9
Severability clause
Should any part, sentence, or phrase of this Ordinance be determined to be unlawful,
014 1 , ""I
void, or unenforceable, the validity of the remaining portions of this Ordinance shall not be '
adversely affected. No portion of this ordinance shall fail or become inoperative by reason of the
invalidity of any other part. All provisions of this Ordinance are severable. All Ordinances,
resolutions, or parts thereof in conflict herewith are repealed to the extent of such conflict. This
Ordinance supercedes all previous Ordinances that regulate ambulance operations within the City
limits of Nederland.
SECTION 10
This Ordinance shall be published by publishing the caption thereof, for two successive
weeks in the official newspaper of the City of Nederland.
PASSED, APPROVED AND ADOPTED this / D day of ,
A.D., 20
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Oe 4"'- ' w
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Attorney
City of Nederland, Texas
LJ
1
1 CITY OF NEDERLAND
ORDINANCE NO. 2000-04
AN ORDINANCE ESTABLISHING A FEE SCHEDULE
INCLUDING OVERDUE FINES, LOST AND DAMAGE FEES,
PROCESSING FEES, AND MISCELLANEOUS FEES FOR
THE MARION & ED HUGHES PUBLIC LIBRARY AS
SHOWN IN EXHIBIT "A" ATTACHED, AND REPEALING
ORDINANCE NO. 1998 -08.
SECTION 1. Repeal of Previous Ordinances and Regulations.
1. All other ordinances and/or regulations governing City ofNederland library fees in conflict with
this ordinance are hereby repealed when this ordinance takes effect.
WHEREAS, the City Council of the City ofNederland has been presented a schedule of fees
for the Marion & Ed Hughes Public Library for its acceptance and adoption, including a fee schedule
for overdue fines, lost and damage fees, processing fees, and miscellaneous fees;
WHEREAS, the City Council of the City of Nederland deems it advisable and to be in the best
interest of the citizens of Nederland to adopt the fee schedule for the Marion & Ed Hughes Public
Library as shown in Exhibit "A" attached.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
' NEDERLAND,TEXAS:
THAT the schedule of fees for the Marion & Ed Hughes Public Library as shown in Exhibit
"A" attached, which is incorporated herein by reference, is hereby approved and adopted.
THAT this amendment shall take effect and be in force from and after its passage.
PASSED AND APPROVED this the /0 day of aru per 2000.
� ' Q
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Floyd, . , C>ZLa
LaDonna ry
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
' ' D. Hughes, City Att ey
City of Nederland, Texas
r
015
Exhibit "A"
FEE SCHEDULE (proposed revision 12/13/99)
The Library Director has the autbority to waive or negotiate payment of fines or fees, for materials and meeting
r•i --f-me Tl,, nnn -r-M-t fee ern nnly he waived by nctinn of the Ciro Council
ITEM
OVERDIJE FINES
LOST OR DAMAGED
FEE "
PROCESSING FEE
Books, adult
$0.10/day
$25.00
$5.00
Books ,juvenile
$0.10 1da
$15.00
$5.00
Paperbacks. uncatalo ed
$0.10 /day
$5.00
$1,00
Books on tape, adult
So. 10 /da
$35.00
$5.00
Books on tae, juvenile
$0.10/day
$15.00
$5.00
Book on CD
$0.10/day
$35.00
$5.00
Videotapes
31.00/day
$35.00
$5.00
Cassette kits
$0. 1 0/day
510.00
$3.00
Periodicals
$0, 1 0/day
$3.00
$1.00
Art prints
$1.00 /da
repair or replacement cost
$5.00
CD -ROM
$2.00/day
re air or replacement cost
$5.00
Audio - visual equipment
$2.00/hour
repair or replacement cost
$10.00
Kits
52.00 /day
repair or replacement cost
$5.00
Kevs (public rooms, i.e.
typing room, study rooms)
$5.00 /day
replacement and rekeying
charges
$5.00
MISCELLA.NEOIJ$ rums
Vdm rig'.
Cassette kit bag
$0.50
Bar-ode
$0.50
Jewel case
$2.00
* If the cost of the item is known, it will be assessed.
MISCELLANEOUS FEES
ITEM
FEE
Lost borrowers cards
ffiffiiiaw
$3.00
Photocopies (per page)
$0.15
Microfilm copies (per page)
$0.25
Computer printouts (per page)
$0.15
Non - resident fee (does not apply to city employees, NiSD students, or NISD teachers)
525.00
Video or CD -ROM returned in book drop
$2.00
Meeting Room Deposit (refundable if meeting room is left in good condition)
$25.00
Meeting Room Fee, for use after library hours, non - refundable er hour or pail of hour)S
10.00
f":'
I
k- V 1 7
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. January 24, 2000
MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E.
Nagel at the Nederland City Office Building, 1400 Boston Avenue,
Nederland, Texas.
QUORUM See attached.
MINUTES A motion was made by Councilman Nugent and seconded by
Councilman Radcliff to approve the minutes of the January 10,
2000 meeting as written. All Voted Aye.
PRESENTATION Mayor Nagel presented a Certificate to Gary Porter for his
outstanding organized crime drug enforcement task force case in
the Western District of Louisiana. Mr. Porter received the
recognition from the AUSA Coordinator of the Southeast Region
of the Drug Enforcement Task Force. Chief Billy Neal also took the
opportunity to thank Mr. Porter for his efforts in the war against
drugs.
PROCLAMATION Mayor Nagel presented a Proclamation to Sonya Willis, Council's
Lay Representative to the Houston Area Library System, declaring
February, 2000, as "Library Lovers Month." Ms. Willis thanked
the Council for the proclamation and added that the library is a
very important part of the community and asked that those who
have not had the opportunity to please visit the library.
A motion was made by Mayor Nagel and seconded by Councilman
Nugent to approve the Proclamation declaring the month of
February, 2000, as "Library Lovers Month" in Nederland, Texas.
All Voted Aye.
PROPERTY A motion was made by Councilman Nugent and seconded by
L Councilman Radcliff to approve Resolution 2000 -01, authorizing
a License to Encroach at 715 - 30 " Street and authorize the City
Manager to sign the document. All Voted Aye.
Minutes cpntinued, January 24, 2000
A motion was made by Councilman Daughtry and seconded by
Mayor Nagel to approve Resolution 2000 -03, authorizing a License
to Encroach at 1903 Elgin and authorize the City Manager to sign ,
the document, contingent upon approval by the City Attorney. All
Voted Aye.
SUBDIVISIONS A motion was made by Councilman Daughtry and seconded by
Mayor Nagel to approve the final plat of the Richardson /Moore
Estate Subdivision, described as Part of Lots 3 & 4, Block 18,
Range G, of the Port Arthur Land Company, as recommended by
the Planning and Zoning Commission. All Voted Aye.
AUDIT Bill Cox, Holliday, Lemons & Cox, P.C., gave a brief overview of
the FY 1998 -1999 annual audit. He stated that the City received
an unqualified opinion, which is the highest opinion a City can
receive on their audit. Mr. Cox commended city staff for their
assistance in preparing the audit.
A motion was made by Mayor Nagel and seconded by Councilman
Nugent to accept the FY 1998 -1999 audit as prepared by Holliday,
Lemons & Cox, P.C. All Voted Aye. I
EXECUTIVE The regular meeting was recessed at 6:30 p.m. by Mayor Nagel for
SESSION the purpose of conducting an Executive Session as authorized by
Texas Government Code, Chapter 551.074, consider grievance of
Charles Gallier; Chapter 551 .072, discuss acquisition, exchange,
sale, and /or release of property; and, Chapter 551.071, Robert
Miller v. City of Nederland; City of Nederland v. Entergy Gulf
States, Entergy, Inc. and Entergy Services, Inc.; possible litigation
against KSA Engineers, Inc. regarding the Water Treatment Plant;
consultation with City Attorney regarding Texas Department of
Transportation matters; and, consultation with City Attorney
regarding Norman Highway Constructors, Inc.
RECONVENE The regular meeting was reconvened at 7:25 p.m. by Mayor
Nagel. He announced that all items were for informational
purposes only, except the grievance.
A motion was made by Mayor Nagel and seconded by Councilman I
Radcliff to deny the grievance of Charles Gallier. All Voted Aye.
Minutes continued, January 24, 2.000
STREETS A motion was made by Councilman Nugent and seconded by
Mayor Nagel to postpone hiring a consultant to evaluate Nederland
Avenue. All Voted Aye.
Andre' Wimer, City Manager, reported on the findings of
Schaumburg & Polk, Inc. relative to Nederland Avenue. They have
identified 22 manholes that are in need of replacement at an
estimated cost of $35,000. He added that they offered the
following four (4) alternatives to address the drainage and /or
asphalt in gutters: 1 . mill large portions of the roadway surface at
an estimated cost of $45,000; 2. rework large sections of the
gutter at an estimated cost of $30,000; 3. mill to remove high
spots in the gutter and adjacent area at an estimated cost of
$20,000; and, 4. mill to remove high spots in the gutter at an
estimated cost of $7,200.
A motion was made by Mayor Nagel and seconded by Councilman
Daughtry to postpone action concerning repair work on Nederland
Avenue. All Voted Aye.
ORDINANCE Andre' Wimer, City Manager, stated that this item was placed on
the agenda as a discussion item only as requested by the Council,
due to the large number of License to Encroach permits being
issued.
Richard Hughes, City Attorney, responded that he reviewed
Ordinance No. 146, which regulates the issuance of variances and
License to Encroach. He added that the intent of the ordinance
was to be able to spot potential encroachments prior to building
permits being issued, but the recent licenses being issued are for
older homes that are in the process of being sold and the
encroachments are being discovered.
Mayor Nagel stated that he reviewed the ordinance and feels that
it is sufficient for our needs.
WAIVER A motion was made by Mayor Nagel and seconded by Councilman
Daughtry to authorize the Jefferson County Mosquito Control
District to fly at low altitudes as required for the application of
pesticides for the control of mosquitos within the City limits of
LNederland. All Voted Aye.
A
Minutes continued, January 24, 2000
020
BIDS /PROPOSALS A motion was made by Councilman Daughtry and seconded by
Councilman Nugent to award bids received for lighting at Doornbos I
Park to All -Phase Electric Supply, Groves, TX, in the amount of
$20,845.00. All Voted Aye.
CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman
AGREEMENTS Nugent to approve a contract with d.p. Consulting Engineers for
engineering services associated with the Boston Avenue
resurfacing project. All Voted Aye.
A motion was made by Councilman Daughtry and seconded by
Mayor Nagel to approve a contract with d.p. Consulting Engineers
for engineering services associated with the Boston Avenue
landscaping project, contingent upon the Texas Department of
Transportation awarding the grant. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Daughtry to approve a contract with d.p. Consulting Engineers for
engineering services associated with the Upper Main "C"
watershed drainage improvements. All Voted Aye.
A motion was made by Councilman Daughtry and seconded by ,
Mayor Nagel to approve an Escrow Agreement with PrimeBank.
All Voted Aye.
PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman
Nugent to postpone payment to Norman Highway Constructors,
Inc., Wagner Addition collection system improvements. All Voted
Aye.
A motion was made by Councilman Nugent and seconded by
Councilman Radcliff to authorize payment to Brammer
Constructions, Inc. in the amount of $11,650.31, Wastewater
Treatment Plant lab /office building. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Radcliff to authorize payments to Schaumburg & Polk, Inc. as
follows: $325.00, standby generator study; $1,481.68, east
annexation area water and sewer improvements; $5,691.30,
1999 -2000 wastewater collection system rehabilitation;
$1,055.06, 1998 -1999 wastewater collection system '
rehabilitation; $36,966.89, wastewater system improvements;
and $17,063.43, west annexation area water and sewer
improvements. All Voted Aye.
Minutes continued, January 24, 2000
A motion was made by Mayor Nagel and seconded by Councilman
Daughtry to authorize payment to RMT, Inc. in the amount of
$2,162.96, underground tank removal at Wastewater Treatment
Plant. All Voted Aye.
OFFICIALS' Andre' Wimer, City Manager, reported that an estimate is being
COMMENTS prepared for the cost of painting the bulldog on the water storage
tank on Avenue G. He stated that he will report back to the
Council for a recommendation.
Mr. Wimer stated that Jess Fuller of the Nederland Heritage
Festival spoke to Bill Quick of the Nederland Historical Society
regarding their request to pour a slab at Tex Ritter Park to be used
by various entertainment groups during the festival, as well as
throughout the year. Mr. Fuller indicated that Mr. Quick did not
have a problem with the slab as long as the drainage issue would
be resolved. Mayor Nagel reported that he also spoke to Mr.
Quick, Marie Fleming and Bobbie Greene regarding the slab. He
stated that Mr. Quick and Mrs. Fleming would prefer that no slab
be poured but understood the need, while Ms. Greene said that
she was opposed to the request. Mayor Nagel said that he felt like
the Festival would maintain the area and insure that all problems
would be addressed. Councilmembers Daughtry, Nugent and
Radcliff were of the opinion that having the slab for entertainment
purposes would cause damage and overcrowding to the park.
Jim Weaver, Director of Parks and Recreation, reported that
members of the Church of Latter Day Saints donated the labor to
install electrical service to the new storage building at Doornbos
Park.
ADJOURN A motion was made by Councilman Nugent and seconded by
Councilman Radcliff to adjourn at 8:55 p.m.
ATTEST:
LaDonna Floyd, City Secretary
Homer E. Nagel, Mayor
A, �2
U• • O
R L MA
� � r r•
0;2'
12 7;
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member -Ward 1
Joe Daughtry
Council Member -Ward 2
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
✓
Andre' Wimer
City Manager
✓
LaDonna Floyd
City Secretary
,/
Richard Hughes
City Attorney
Billy Neal
Chief of Police
/
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks & Recreation Director
f
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
k
Mayor
City Secretary
/- 2q -vv
Date
1
1
1
CITY OF NEDERLAND
RESOLUTION 2000 -01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, JEFFERSON COUNTY, TEXAS,
AUTHORIZING THE EXECUTION OF A LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY OF
NEDERLAND AND JOHN KNIGHT, AND WIFE PATRICIA M.
KNIGHT REGARDING ENCROACHMENTS ADJACENT TO
LOT 4, MADISON PLACE TO THE CITY OF NEDERLAND.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS:
THAT the City Manager is hereby authorized and directed to execute on behalf
of the City, a License to Encroach Agreement between the City of Nederland (Licensor)
and John Knight, and wife Patricia M. Knight, (Licensee) pertaining to encroachments
adjacent to Lot 4, Madison Place, a copy of said Agreement being attached and made
a part hereof.
PASSED AND APPROVED this the aq day of , 2000
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
(� .1/ahr�c� �__x.Ca_i�A
La Donna Floyd, City ecretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Atton y
City of Nederland, Texas
A6 M .1116 AN di. -1w I
024
CITY OF NEDERLAND
RESOLUTION 2000 -03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, JEFFERSON COUNTY, TEXAS,
AUTHORIZING THE EXECUTION OF A LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY OF
NEDERLAND AND GLENNIE LOU FREISZ REGARDING
ENCROACHMENTS ADJACENT TO LOT 1, BLOCK 8,
WESTSIDE ADDITION IN THE CITY OF NEDERLAND.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS:
THAT the City Manager is hereby authorized and directed to execute on behalf
of the City, a License to Encroach Agreement between the City of Nederland (Licensor)
and Glennie Lou Freisz, (Licensee) pertaining to encroachments adjacent to Lot 1,
Block 8, Westside Addition, a copy of said Agreement being attached and made a part
hereof.
PASSED AND APPROVED this the o9N day of 12000.
ATTEST
oea" �
LaDonna Floyd, City Secretary
City of Nederland, Texas
1
APPROVED AS TO FORM AND LEGALITY:
�f.✓f4��
Richard D. Hughes, City Atl6mey
City of Nederland, Texas
1
'
Homer E. Nagel, Mayo
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
�f.✓f4��
Richard D. Hughes, City Atl6mey
City of Nederland, Texas
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. February 14, 2000
MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer E.
Nagel at the Nederland City Office Building, 1400 Boston Avenue,
Nederland, Texas.
QUORUM See attached.
MINUTES A motion was made by Councilman Nugent and seconded by
Councilman Radcliff to approve the minutes of the January 24,
2000 meeting as written. All Voted Aye.
REQUESTS Donald Lee, 515 Boston Avenue, addressed the Council relative to
a grass lien that was placed on his property in October 1984. The
grass was mowed in July about the same time that he purchased
the property. He stated that he was never notified of the lien and
feels that he should not be responsible for it. Mayor Nagel
explained that all the Council could do is waive the penalty and
interest of the original lien.
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to waive the interest and penalty of the grass lien dated
October 1984 for the property located at 515 Boston Avenue,
contingent on Donald Lee paying the $85.00 original fee. All
Voted Aye.
Jess Fuller, Nederland Heritage Festival Foundation, addressed the
Council requesting permission for the Nederland Heritage Festival
to enlarge a slab area at Tex Ritter Park in order for entertainment
groups to perform during the Festival. The Festival will also place
a gate with a lock in the back corner next to the Entergy right -of-
way. He added that the Festival would fund the entire cost and the
area would be available free of charge throughout the year for
other activities. Mr. Fuller stated that the Festival would also be
responsible for any damages to the park.
025
Minutes continued, February 14, 2000
Julie Dabney, Nederland Chamber of Commerce President, stated
that the Chamber was approached by representatives of the
Festival concerning the enlargement of the slab. She read a
resolution adopted by the Chamber board supporting the Festival's
request for the slab improvements.
Bobbie Green, Nederland Historical Society, presented a drawing
of Tex Ritter Park and all its landmarks, buildings, shrubs, etc.
She added that they were never approached by the Festival or the
Chamber regarding this request. Ms. Green also stated that the
Historical Society is against the proposal. She feels that this will
take away from the integrity of the park and its initial intent as a
historical park.
Jan Rienstra, Nederland Historical Society, stated that he is also
opposed to the idea of the slab. He feels that this historical park
should remain as is.
Mary Galow suggested that since the slab is to be utilized year
round then maybe a site other than Tex Ritter Park can be found.
Wanda Hollier, Nederland Heritage Festival, stated that this area
could possibly give some groups a place to perform that may
otherwise not have a place. She added that she feels the addition
of entertainment might bring visitors to the museum.
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to approve the request of the Nederland Heritage Festival
to expand the slab at Tex Ritter Park contingent upon no fees
being charged for its use, the gate will remain locked at all times,
and the park will be returned to its original condition after each
annual festival. Mayor Nagel, Councilmembers Sawyer and
Nugent voted Aye; and, Councilmembers Radcliff and Daughtry
voted No.
STREETS A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to authorize the closure of various streets
for Nederland Heritage Festival activities. All Voted Aye.
ELECTION A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to approve Resolution 2000 -04, calling for an election to
be held May 6, 2000 for the purpose of electing a Mayor and two
(2) Councilmembers - one from Ward 11 and one from Ward IV, and
Minutes continued, February 14, 2000
appointing Sonya Willis, Presiding Judge, Harriet Shipman,
Alternate Presiding Judge, and LaDonna Floyd, Clerk for Early
' Voting and Presiding Judge of the Central Counting Station. All
Voted Aye.
BIDS /PURCHASES A motion was made by Councilman Sawyer and seconded by
Mayor Nagel to award bids received for the Gage Avenue property
to Jerome Broussard, Killeen, TX, in the amount of $37,000 and
instruct the City Attorney to prepare the necessary deed of
conveyance. All Voted Aye.
A motion was made by Councilman Nugent and seconded by
Councilman Radcliff to authorize the advertisement of bids for roof
repairs to the D. Bob Henson Office Building, RSVP Building,
Service Center, and B. A. "Booty" Ritter Center. All Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Councilman Nugent to authorize the purchase of a copier for the
Marion and Ed Hughes Public Library from Better Business
Machines, Beaumont, TX, in the amount of $5,176.71. All Voted
Aye.
' RESOLUTION A motion was made by Councilman Sawyer and seconded by
Mayor Nagel to approve Resolution 2000 -05, authorizing the City
of Nederland to participate with other cities to intervene in rate
cases being filed by Entergy Gulf States. All Voted Aye.
CONTRACTS/ A motion was made by Councilman Nugent and seconded by
AGREEMENTS Councilman Radcliff to approve an amendment to the lease
agreement between the City of Nederland and Eddie Harston King
for the City owned property at 908 Boston Avenue extending the
agreement to December 31, 2004. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Daughtry to approve the renewal of a contract with Action Bonded
Cleaning, Inc. for janitorial services. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to authorize hiring Karger Key Barnes & Springer, L.L.P. for
collective bargaining and civil service contract related services. All
' Voted Aye.
027
Minutes continued, February 14, 2000
o„ PAYMENTS A motion was made by Councilman Sawyer and seconded by
Councilman Nugent to authorize payment to Norman Highway
Constructors, Inc. in the amount of $9,071.79, Wagner Addition
collection system improvements, with the City retaining
$36,161.04 as recommended by the City engineers. All Voted
Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to authorize payment to T & N Laboratories, Inc. in the
amount of $410.00, Wastewater Treatment Plant lift station. All
Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to authorize payment to Excavators &
Constructors, Inc. in the amount of $20,080.08, east annexation
area water and sewer improvements, final payment. All Voted
Aye.
A motion was made by Councilman Sawyer and seconded by
Mayor Nagel to authorize payment to Kinsel Industries, Inc. in the
amount of $254,489.91, influent lift station. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Radcliff to authorize payment of the bills for the month of January.
All Voted Aye.
RECESS Mayor Nagel called for a recess at 4:50 p.m.
RECONVENE The regular meeting was reconvened at 5:05 p.m.
PUBLIC HEARING A Public Hearing was called to order at 5:06 p.m. by Mayor Nagel
for the purpose of receiving comments regarding the proposed
zoning ordinance.
Andre' Wimer, City Manager, stated that the City's current
ordinance was adopted in the early 1970's, therefore, it is in need
of updates. The process to update the ordinance was begun
approximately 3 years ago when a firm was hired by the Nederland
Economic Development Corporation in an effort to establish a
community development plan. One of the aspects of the plan
dealt with land use and how to better zone the City. The Planning
and Zoning Commission began working on the proposed zoning
changes over a year ago and presented these new designations to
the Council. The most significant change is the expansion of
categories. The proposed categories are four types of residential,
three types of commercial and three types of industrial.
Minutes continued, February 14, 2000
Mayor Nagel reviewed the proposed zoning map and explained the
categories.
lit
Archie Wallace, 616 - 14`h Street, stated that he was opposed to
the C -1 designation of his area. He added that he called the
Jefferson County Appraisal District and they informed him that the
zoning designation could affect his property values which could
cause his taxes to increase. Mr. Wallace would like to see his
area remain residential or perhaps be changed to historical. He
would not like to see a convenience store be able to locate next
door to him if they chose to.
Charles Lankford, 119 South 14"' Street, addressed the Council
relative to housing for the elderly located in residential zoning. He
stated that he owns property on 17"' Street that is currently being
used for this purpose. Mr. Lankford feels this is a wonderful thing
for the elderly and gives family members a choice in selecting
types of care for their loved ones. He is in favor of allowing this
type of housing in residential.
Richard Hughes, City Attorney, stated that after reviewing the Fair
Housing Act the City cannot legally prohibit this type of housing
from any area of the City. The Act states that people with
disabilities cannot be banned from any type of zoning designation.
The City can only adopt rules and regulations relative to the
operation of these facilities. Mr. Hughes indicated that some
municipalities govern the number of patients with respect to
square footage of a building.
Lynn Hawkins, 1508 Gary, asked Planning and Zoning
Commissioner Mark Griffin to elaborate on the pros and cons of
the C -1 designation in his area. Mr. Griffin stated that they felt
this designation would be in the best interest of the future growth
of Nederland.
Burt Helmke, 1311 Verna, addressed the Council relative to the
health care facility located on Nashville. He is opposed to this
type of housing being allowed in residential areas because of the
traffic, ambulances, and noise during shift changes.
Eddie Arnaud stated that his mother lives in the facility on
Nashville and they are grateful to have these types of care givers
available and would hate to have to move his mother to a nursing
home.
James Hanley added that his father lives at this facility and
thanked the Council and the Planning and Zoning Commission for
their.efforts.
02:
r
Minutes continued, February 14, 2000
John Bamber, 1420 Chicago, stated that zoning is an important of
a city and asked the Council to carefully consider the cluster of
historical homes in Nederland. He feels they should be included in
a R -2 designation.
Mayor Nagel thanked the members of the Planning and Zoning
Commission for the time and effort they have spent in preparing
the proposed zoning changes.
Oscar Lott, 3024 Avenue G, reviewed the proposed ordinance and
stated that many definitions and sections need to be clarified.
Mayor Nagel thanked everyone for their comments and
suggestions and stated that the Planning and Zoning Commission
will meet to address the comments that were made.
ADJOURN There being no further questions and /or comments the Public
Hearing was adjourned and the regular meeting was reconvened
at 6:40 p.m. by Mayor Nagel.
ORDINANCE A motion was made by Mayor Nagel and seconded by Councilman
Daughtry to postpone approving Ordinance No. 2000 -05,
regulating zoning. All Voted Aye.
EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman
SESSION Radcliff to postpone the Executive Session. All Voted Aye.
STREETS A motion was made by Councilman Nugent and seconded by
Mayor Nagel to postpone action concerning repair work on
Nederland Avenue and hiring a consultant to evaluate Nederland
Avenue. All Voted Aye.
ADJOURN A motion was made by Councilman Nugent and seconded by
Mayor Nagel to adjourn the meeting at 6:42 p.m.
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member -Ward 1
/
Joe Daughtry
Council Member -Ward, 2
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
r/
Richard Hughes
City Attorney
1/
Billy Neal
Chief of Police
V11
Mike Lovelady
Fire Chief
✓
Cheryl Dowden
City Treasurer
✓
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks & Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
Mayor
City Secretary
Date
031
P��,
RESOLUTION 2000 -04
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON
SATURDAY, MAY 6,2000; DESIGNATING THE POLLING PLACE;
PROVIDING FOR OTHER MATTERS RELATING TO THE
GENERAL ELECTION; AND FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland, provide
that on May 6, 2000 there shall be elected the following officials for this city:
One (1) Mayor
One (1) Council member, Ward II
One (1) Council member, Ward IV
WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland further
provide that the Election Code of the State of Texas is applicable to said election, and in order to
comply with said Code, a resolution should be passed establishing the procedure to be followed
in said election, and designating the voting place for said election.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS:
That all independent candidates at the election to be held on the first Saturday in May,
2000, for the above mentioned offices file their application to have their name placed on the ballot
with the City Secretary at City Hall, 1400 Boston Avenue, Nederland, Texas, not earlier than
seventy -five (75) days before the election or later than forty -five (45) days before the election in
accordance with Election Code Sec. 143.006 and 143.007. The earliest date for a candidate to file
same will be February 22, 2000 at 8:00 a.m., with the last date for filing to be March 22, 2000 at
5:00 p.m. All of said applications shall be on a form as prescribed by Section 141.031 of the
Election Code.
The order in which the names of the candidates are to be printed on the ballot shall be
determined by a drawing by the City Secretary as provided by Section 52.094 of the Election Code.
The City of Nederland has one polling place located in the City Office Building, 1400 Boston
Avenue, Nederland, Texas. The City Secretary is hereby authorized and instructed to provide and
furnish all necessary election supplies to conduct said election. Voting at such election shall be
upon punch cards prepared in conformity to the Texas Election Code.
The following named persons are hereby appointed officers for said election:
Sonya Willis will serve as Presiding Judge and Harriett Shipman will serve as Alternate
Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a
number not to exceed three (3) clerks.
The polls at the above designated polling place shall on said election day be open from 7:00
a.m. to 7:00 p.m.
LaDonna Floyd is hereby appointed Clerk for Early Voting. The early voting for the above
designated election shall be at the Nederland City Office Building, 1400 Boston Avenue, Nederland,
Texas, and said place of early voting shall remain open for at least eight (8) hours on each day for
early voting which is not a Saturday, Sunday, or an official State holiday, beginning on the
seventeenth (17th) day, and continuing through the fourth (4th) day preceding the date of said
election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on
each day for said early voting. The above described place for early voting is also the early voting
clerk's address to which ballot applications and ballots voted by mail may be sent.
1
' The Early Voting Ballot Board shall be created as provided by Election Code Section
87.001. Sonya Willis is hereby appointed as the Presiding Judge for the Early Voting Ballot Board
and is authorized to appoint two (2) clerks to serve on the Board. LaDonna Floyd is hereby
appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section
127.005 of the Election Code.
Said election shall be held in accordance with the Election Code of the State, and only
resident qualified voters of said City shall be eligible to vote at said election.
The Mayor shall give notice of this election in accordance with the terms and provisions of
Sections 4.004, 83.010, 85.004, and 85.007 of the Election Code, and all necessary orders and
writs for said election shall be issued by the proper authority. Returns of said election shall be
made to the City Council immediately after the closing of the polls.
It is further found and determined that in accordance with the order of this governing body,
the City Secretary posted written notice of the date, place and subject of this meeting on the
bulletin board located in the City Hall, a place convenient and readily accessibly to the general
public, and said notice having been so posted and remaining posted continuously for at least 72
hours preceding the scheduled time of said meeting.
PASSED, APPROVED AND ADOPTED this 14th day of February, 2000.
IATTEST:
ZaDonna Floyd, City S cretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Attorney
City of Nederland, Texas
C
Homer E. Nagel, Mayor
City of Nederland, Texas
- - — .a. a"
034 . - -1
CITY OF NEDERLAND
RESOLUTION 2000 -05
WHEREAS, Entergy Gulf States ( "EGS" or "Company ") has filed and will be
filing various cases contemplated by the revisions to Tex. Uti1 Code, Chapter 39 and
others, known generally as S.B. 7. Such filings and cases include but are not limited
to EGS' Texas Business Separation Plan; a case to separate the transmission,
distribution, and generation assets and set rates for those parts over which Cities
and /or the Public Utility Commission of Texas have jurisdiction; identification of and
possible request for recovery of uneconomic costs [i.e., stranded costs]; and other
cases setting and /or affecting rates. The filing of such cases will occur in 2000
beginning with the first of such matters filed January 10, 2000 and assigned Docket
No. 21957 by the Public Utility Commission of Texas.
WHEREAS, such cases will set and /or affect rates to be effective at the
conclusion of the statutory rate freeze period. EGS may be proposing to transfer
certain generating and other assets paid for by ratepayers to affiliates or newly created
entities.
WHEREAS, Cities have a duty to set fair and reasonable rates for both the
Company and ratepayers within Cities.
1
WHEREAS, EGS will file a petition to revise the fixed fuel factors in February
2000, and has indicated an intent to file another fuel surcharge case in March 2000.
,
WHEREAS, Cities have original jurisdiction over rates, operations, and services
of an electric utility in areas in the municipality pursuant to Tex. Uti1. Code §33.001.
WHEREAS, Cities have standing in each case before the Public Utility
Commission of Texas that relates to an electric utility providing service in the
municipality pursuant to Tex. Uti1. Code §33.025.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS:
THAT, the City of Nederland shall participate with other Cities to intervene in
the restructuring, unbundling, rate setting, uneconomic cost recovery and fuel - related
cases EGS has filed and is expected to file at the Public Utility Commission through
April 2000, seeking appropriate regulatory scrutiny and the exercise of Cities' original
jurisdiction.
All such action shall be taken pursuant to the direction of the Cities' Steering
Committee. Diversified Utility Consultants and Barbara Day are retained as the rate
consultants and attorney, respectively. Such other rate consultants as may be
required may be retained at the further direction of the Cities' Steering Committee,
which shall have authority to additional necessary personnel as authorized by the
Public Utility Regulatory Act [Title 2 of Tex. Uti1. Code] and to direct the actions of
Cities' representatives in the above proceedings. Cities' reasonable rate case expenses
are required to be reimbursed by the Company pursuant to the Public Utility Regulatory
Act [Tex. Uti1. Code §33.0231, therefore, the Steering Committee is directed to obtain
reimbursement from the Company of all reasonable expenses. Rate consultants,
Diversified Utility Consultants, and Attorney, Barbara Day.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas,
this the /`( day of .n, 2000.
Omer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
1
Richard D. Hughes, City Attorney
City of Nederland, Texas
1
AM
STATE OF TEXAS
COUNTY OF JEFFERSON
THIRD AMENDMENT
TO LEASE
AGREEMENT
This Amendment to Lease Agreement dated /- 5?- +C, is made and entered
into by and between the CITY OF NEDERLAND ( "Lessor ") and EDDIE HARSTON KING
( "Lessee "), regarding that certain property situated, lying and being located in Jefferson County,
Texas, known as 908 Boston Avenue, Nederland, Texas ( "Leased Premises ").
I. TERM
The Lease Agreement, Paragraph I. TERM is amended to allow for the continuation of the
Lease Agreement from January 1, 2000 until December 31, 2004, unless terminated earlier as
provided in this Lease Agreement.
All terms and provisions contained in said Lease Agreement, as amended, not expressly
amended herein shall continue in full force and effect.
EXECUTED this the J-,—/ day of On „Q,, . 2000.
LESSOR:
CITY OF NEDERLAND
Homer E. Nagel, Mayor
ATTESTED:
�Q.y�O^'y`1L1 � X_YC71 ACS
LaDonna Floyd, City Secretary
APPROVED:
r
Richard D. Hughes, Cit3WAttorney
LESSOR:
Eddie Harston King
1
C
II�
MUTUAL AGREEMENT TO EXTEND 037
INDEPENDENT CONTRACTOR'S AGREEMENT
In accordance with the Independent Contractor's Agreement effective March 1, 1997, specifically
Section III, the City of Nederland and Action Bonded Cleaning, Inc. mutually agree to extend the
existing agreement for one year beginning on March 1, 2000, in accordance with Section XIII, Item
A. regarding General Provisions. The extension of this Agreement shall include the following:
Section IV regarding Compensation shall be amended to reflect the monthly prices listed
below for regular services completed in accordance with the specifications:
City Hall, Police, MCML Dispatch - two nights per week ............ $865.00
Public Works/Nederland Economic Development Corporation (EDC) -
two nights per week ..... ............................... $156.00
Parks and Recreation - one night per week ........................ $300.00
Executed this Iq of , 2000, but effective as of the effective date set forth herein.
1
ATTEST:
LaDonna Floyd, City Secretary
ACTION BONDE CLEANING, IN
By:
Name: Quin Fontenot
Its: President
CITY OF NEDERLAND, TEXAS
By:`:�hc�Cl
Name Homer Nagel �� ''
Its: Mayor
3 P REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND I
6:00 p.m. February 28, 2000
MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E.
Nagel at the Nederland City Office Building, 1400 Boston Avenue,
Nederland, Texas.
QUORUM See attached.
MINUTES A motion was made by Councilman Daughtry and seconded by
Councilman Sawyer to approve the minutes of the February 14,
2000 meeting as written. All Voted Aye.
PROCLAMATION Mayor Nagel presented a proclamation to Mr. Rob Jones, National
Association of Purchasing Managers, declaring the month of March
as "Purchasing Month." Mr. Jones thanked the Council for the
proclamation. I
A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to approve the Proclamation declaring the
month of March as "Purchasing Month" in Nederland, Texas. All
Voted Aye.
EXECUTIVE The regular meeting was recessed at 6:06 p.m. by Mayor Nagel for
SESSION the purpose of conducting an Executive Session as authorized by
Texas Government Code, Chapter 551.071, consultation with City
Attorney regarding Texas Department of Transportation, and
Norman Highway Constructors, Inc.
RECONVENE The regular meeting was reconvened at 6:28 p.m. by Mayor
Nagel. He announced the Executive Session was held for
informational purposes only.
STREETS A motion was made by Mayor Nagel and seconded by Councilman '
Sawyer to postpone action concerning repair work on Nederland
Avenue and hiring a consultant to evaluate Nederland Avenue. All
Voted Aye.
1
Minutes continued, February 28, 2000
FINANCE Cheryl Dowden, City Treasurer, briefly reviewed the Quarterly
Investment Report.
A motion was made by Mayor Nagel and seconded by Councilman
Radcliff to accept the Quarterly Investment Report (see attached).
All Voted Aye.
STREETS Steve Hamilton, Director of Public Works, gave a brief presentation
of the proposed street improvements that were submitted by the
Streets Project Committee. He added that the estimated cost of
the project is $2.8 million and that a bond issue will probably be
submitted to the voters later in the year.
Mayor Nagel stated that it was originally planned to conduct a
bond election at the same time as the general election in May, but
the Council would like to obtain estimated costs for hot mix versus
bo -mag, therefore, the election will probably be delayed until later
in the year. Mayor Nagel and the City Council thanked the Streets
Project Committee for their efforts on this project.
BIDS /PURCHASES A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to award the bid for the Gage Avenue property to Marilynn
Sanders in the amount of $25,000.00 (due to the two (2) highest
bidders withdrawing their bids on the property), contingent upon
receiving written verification within 30 days from the second
highest bidder of her intent to withdraw her bid. All Voted Aye.
ORDINANCES A motion was made by Councilman Sawyer and seconded by
Mayor Nagel to approve Ordinance No. 2000 -06, prohibiting the
use of bicycles, skates, skateboards, rollerblades, motorized and
non - motorized vehicles on sidewalks in City parks. All Voted Aye.
A motion was made by Councilman Daughtry and seconded by
Councilman Sawyer to approve Ordinance No. 2000 -01,
prohibiting the sale of alcoholic beverages within the City limits
within certain areas and providing for fees for occupational
permit /license tax. All Voted Aye.
PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman
' Radcliff to authorize payment to TMI Coatings, Inc. in the amount
of $56,682.00, Hardy Avenue water storage tank. All Voted Aye.
Minutes continued, February 28, 2000
'tr A motion was made by Councilman Sawyer and seconded by
Mayor Nagel to authorize payment to Neches Engineers in the
amount of $9,976.65, engineering services associated with roof
repairs at Henson Building, RSVP Building, Service Center and
Senior Citizens Center. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to authorize payment to Don S. Reichle & Associates in
the amount of $2,619.63, Hardy Avenue elevated water storage
tank. All Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to authorize payment to Schaumburg & Polk,
Inc. as follows: $9,082.00, 1999 -2000 wastewater system
rehabilitation; $503.30, 1998 -1999 wastewater system
rehabilitation; $43,991.75, wastewater system improvements;
$750.00, Wastewater Treatment Plant lift station; $18,334.70,
west annexation area water and sewer improvements; and,
$326.01, east annexation area project representative services. All
Voted Aye.
OFFICIALS' Billy Neal, Assistant City Manager, reported that the generator test
COMMENTS will be conducted at the Water Treatment Plant on Wednesday,
March 1s'. He added that Cheryl Dowden, City Treasurer, is
working on providing bank draft payments to water customers
who wish to have their payments deducted from their account.
Mr. Neal also stated that the City received Lower Neches Valley
Authority's Drought Contingency Plan and it is basically the same
as the City's.
Richard Hughes, City Attorney, thanked the Council for the
proclamation declaring February 24, 2000 as "Richard Hughes
Day" that was presented to him last week at the Mr. Nederland
Banquet.
ADJOURN A motion was made by Councilman Sawyer and seconded by
Councilman Radcliff to adjourn the meeting at 7:16 p.m.
ATTEST:
LaDonna Floyd, City ecretary
i�
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
i/
Robert Sawyer
Council Member - Ward 1
F/
Joe Daughtry
Council Member - Ward 2
Mike Radcliff
Council Member -Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
V/
Richard Hughes
City Attorney
Billy Neal
Chief of Police
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks & Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
r/
Mayor
City Secretary
o� 078 - U Z7
Date
®4i
F�
ORDINANCE NO. 2000 -06
AN ORDINANCE OF THE CITY OF NEDERLAND
PROHIBITING THE USE OF BICYCLES, SKATES,
SKATEBOARDS, ROLLERBLADES, MOTORIZED AND
NON - MOTORIZED VEHICLES ON SIDEWALKS,
WALKING /RUNNING TRACKS, TENNIS COURTS, AND
TRAILS IN CITY OF NEDERLAND PARKS AND PROVIDING
A PENALTY FOR VIOLATION OF SAID PROHIBITION.
WHEREAS, the City Code of Ordinances of the City of Nederland contains
numerous provisions designed to protect the health, safety and welfare of residents of our
community; and
WHEREAS, the City has received requests from park users to restrict bicycles,
skates, skateboards, rollerblades, motorized and non - motorized vehicles on the sidewalks,
walking /running tracks, tennis courts, and trails in all of the City's public parks; and
WHEREAS, it is in the best interest of the City to prohibit the use of bicycles, skates,
skateboards, rollerblades, motorized and non - motorized vehicles on the sidewalks,
walking /running tracks, tennis courts, and trails in all City parks;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
Section 1. Section 76 -2 of the City Code of Ordinances of the City of Nederland
shall read as follows:
Sec. 76 -2. Prohibiting Bicycles, Skates, Skateboards, Rollerblades, Motorized
and Non - Motorized Vehicles on Sidewalks, Walking /Running Tracks, Tennis
Courts, and Trails in Public Parks
(a) It shall be unlawful to drive, ride or use bicycles, skates, skateboards,
rollerblades, and motorized or non - motorized vehicles on the sidewalks, walking /running
tracks, tennis courts, or trails in all City parks.
(b) Any person violating this section while signs are in place prohibiting such use of
these tracks or trails shall be punished in accordance with Section 1 -4 of the City Code of
Ordinances of the City of Nederland.
Section 2. This ordinance shall become effective after publication in the official
newspaper of the City of Nederland in accordance with the City Charter.
PASSED AND APPROVED this c.?� day o , 2000.
ATTEST: ommer E. Nagel, Mayor
� y"�r --- ^ -��1 Q� of
LaDonna Floyd, City Secrfetary
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Attorney
9-
V1
0 4 .13
ORDINANCE NO. 2000 -01
AN ORDINANCE PROHIBITING THE SALE OF ALCOHOLIC
BEVERAGES WITHIN THE CITY LIMITS OF THE CITY OF
NEDERLAND WITHIN CERTAIN AREAS; PROVIDING FOR
FEES FOR PERMITS; PROVIDING FOR PENALTIES FOR
VIOLATIONS; PROVIDING FOR PUBLICATION AS
REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
Section 1: Definitions.
The words, terms and phrases pertaining to the permitting requirements described
in this ordinance shall have the meanings ascribed to them under V.T.C.A., Alcoholic
Beverage Code § 1.04, except where the context clearly indicates a different meaning.
Section 2: State law to control.
Nothing in this ordinance shall be construed or interpreted to conflict with the
V.T.C.A., Alcoholic Beverage Code. The provisions of this ordinance shall be subject to
'the limitations of such code and such code shall control. The municipal court of the City
of Nederland shall have jurisdiction of any offense under this ordinance and under State
law only where the constitution and the general law of this State confer such jurisdiction
thereon.
Section 3: City occupational permit/license tax.
No person shall manufacture, sell, distribute or store any intoxicating liquor, malt
liquor or other alcoholic beverage, or engage in any other activity with relation to such
alcoholic beverages for which a State permit or license is required under V.T.C.A.,
Alcoholic Beverage Code §1.01 et seq., within the City, without first paying a license tax
and obtaining an occupational permit from the City.
a. Each person desiring a City occupational permit as set forth in this ordinance
shall file with the City Secretary an application. This application shall be
made on a form to be provided by the City and shall State the name of the
applicant and the address of the premises for which the City license is
desired, and shall further State the class of State permit or license under
V.T.C.A., Alcoholic Beverage Code, § §11.38 and 61.36.
b. Each person desiring a City occupational permit shall present a valid and
current State permit or license, as required by V.T.C.A., Alcoholic Beverage
Code §1.01 et seq., and pay the required fees as specified herein, as a
necessary prerequisite to obtaining a City occupational permit.
Section 4: Fees for occupational permit and license tax.
a. In accordance with V.T.C.A., Alcoholic Beverage Code §§ 11.38 and 61.36,
' the City levies a fee of one -half of the State permit or license fee, as set out
in the Alcoholic Beverage Code, charged to persons for premises authorized
to sell alcoholic beverages within the corporate limits. Such fee shall be paid
by the State licensee and collected by the City Secretary at the time the
permits or licenses are issued or renewed by the State; provided a mixed
beverage permit is exempt from the fees authorized by this section during
the three -year period following the issuance of the State permit.
Ode I -
1
In accordance with a special election conducted by Jefferson County, Texas,
on December 4, 1999, mixed beverage permits shall only be issued to
restaurants holding a food and beverage certificate issued by the State.
The amount of fee to be collected by the City from the holder of a mixed
beverage permit for food and beverage certificate holders after the third year
of existence shall be one -half ofthe State permit fee charged underthe State
Liquor Control Act as authorized by V.T.C.A., Alcoholic Beverage Code §
11.38. This fee shall be collected by the City annually.
All fees levied and collected by this section and any penalties assess
because of violation of this section shall be done in strict compliance with the
terms of the Alcoholic Beverage Code and any future amendments thereof.
Section 6: Posting of permit.
A City occupational permit and license tax issued under this ordinance shall be
posted in a conspicuous place on the premises of the licensee adjacent to the State permit
or license to which the license appertains under V.T.C.A., Alcoholic Beverage Code § 1.01
et seq.
Section 7: Separate city occupational permit/license tax required for each
State permit and license. '
A separate City permit and corresponding City fee shall be required for each permit
and license issued by the State under the authority of V.T.C.A., Alcoholic Beverage Code
§ 1.01 et seq.
Section 8: Sales near schools or churches.
The sale of alcoholic beverages by a dealer whose place of business is
within 300 feet of a church or public school is prohibited. The measurement
of the distance between the place of business where alcoholic beverages are
sold and the church shall be along the property lines of the street fronts and
from front door to front door, and in a direct line across intersections. The
measurement of the distance between the place of business where alcoholic
beverages are sold and the public schools shall be in a direct line from the
property line of the public school to the property line of the place of business,
and in a direct line across intersections.
For any permit or license covering premises on September 1, 1983, pursuant
to V.T.C.A., Alcoholic Beverage Code § 109.33, the measurement of the
distance between the premises and a public school shall be along the
property lines of the street fronts and from front door to front door, and in a
direct line across intersections.
The City Council of the City of Nederland may allow variances to the
regulation if they determine that enforcement of the regulation in a particular
instance is not in the best interest of the public, constitutes waste or
inefficient use of land or other resources, creates an undue hardship on an
applicant for a license or permit, does not serve its intended purpose, is not ,
effective or necessary, or for any other reason the City Council, after
consideration of the health, safety, and welfare of the public and the equities
of the situation, determines is in the best interest of the community.
' Section 9: Penalty.
a. Any person, corporation or entity who sells an alcoholic beverage without first
paying the fee(s) required by Section 4 of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction shall be punishable by a fine
of not less than $10.00 nor more than $200.00.
b. Any person, corporation or entity, who shall violate any provision of this
ordinance other than Section 4 shall be deemed guilty of a misdemeanor and
upon conviction, shall be punished as provided in Section 1 -4 of the Code of
Ordinances of the City of Nederland.
Section 10: Effective date and publication.
This being an ordinance which carries a penalty for violation thereof, it shall become
effective after the caption has been published in the official newspaper of the City on two
separate occasions.
Section 11: Severability clause.
Should any part, sentence, or phrase of this ordinance be determined to be
unlawful, void, or unenforceable, the validity of the remaining portions of this ordinance
shall not be adversely affected. No portion of this ordinance shall fail or become
inoperative by reason of the invalidity of any other part. All provisions of this ordinance are
severable. All ordinances, resolutions, or parts thereof in conflict herewith are repealed to
the extend of such conflict.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on
this the a 2 day of 2000.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Q on. a
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Attorney
City of Nederland, Texas
MW
00,
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. March 13, 2000
MEETING The meeting was called to order at 3:00 p.m. by Mayor Homer E.
Nagel at the Nederland City Office Building, 1400 Boston Avenue,
Nederland, Texas.
QUORUM See attached.
MINUTES A motion was made by Councilman Sawyer and seconded by
Councilman Nugent to approve the minutes of the meeting of
February 28, 2000 as written. All Voted Aye.
APPEARANCES Carolyn Motl, Entergy, recognized Rick Williams who was
instrumental in the creation of the Teen Team City at Nederland
High School. Ms. Motl also introduced Jess Fuller, Cindy Clifton,
and Julie Dabney, members of the Team City Nederland; Sara
West, Nederland High School teacher sponsor; and, Micah Howell
and Jessica Broussard, Co- President of the Teen Team City. Ms.
Motl added that Nederland High School is the third school in the
state to have a recognized Teen Team City.
Jessica Broussard informed the Council that the Teen Team City
currently has 25 members. Micah Howell added that they will be
conducting tours of the new Performing Arts Center during the
grand opening on April 9, 2000.
Mayor Nagel welcomed all the students and encouraged them to
get involved in their local governments and community.
PROCLAMATION Mayor Nagel presented a proclamation to Julie Dabney, President
of the Nederland Chamber of Commerce, and Greg Powell,
Chamber Board Member, proclaiming full support of and
participation in the success of Census 2000. Ms. Dabney and Mr.
Powell thanked the Council for the proclamation and offered the
Chamber's assistance with the Census 2000.
Minutes continued, March 13, 2000
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to approve the Proclamation supporting and participating
' in the success of Census 2000. All Voted Aye.
BIDS /PURCHASES A motion was made by Councilman Nugent and seconded by
Councilman Radcliff to authorize the advertisement of bids for
Nederland Avenue repairs: storm sewer inlets, manholes, and
gutter milling. All Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to authorize advertisement of bids for street
materials. All Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Mayor Nagel to authorize the purchase of fence materials for the
old Water Treatment Plant from Bell Fence and Manufacturing Co.,
Beaumont, TX, in the amount of $7,332.30. All Voted Aye.
A motion was made by Councilman Nugent and seconded by
Councilman Radcliff to award bids received for roof repairs to the
D. Bob Henson Office Building and the RSVP Building to
Hampshire Roofing, Lumberton, TX, in the amount of $22,140.00.
All Voted Aye.
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to award bids received for roof repairs to the Service
Center and the B. A. "Booty" Ritter Senior Citizen Center to Mike
Barnett Construction, Port Neches, TX, in the amount of
$54,350.00. All Voted Aye.
CONTRACTS/ A motion was made by Councilman Nugent and seconded by
AGREEMENTS Councilman Radcliff to approve a contract with Tower Medical
Center of Nederland for drug /alcohol testing services. All Voted
Aye.
A motion was made by Councilman Sawyer and seconded by
Councilman Nugent to approve a contract with d.p. Consulting
Engineers for engineering services for the 14`h Street
improvements project. All Voted Aye.
A motion was made by Councilman Sawyer and seconded by
Councilman Radcliff to table approving a contract with RMT, Inc.
to perform an environmental site assessment on the Hardy
Avenue /Avenue A property. All Voted Aye.
047
O Q Minutes continued, March 13, 2000
A motion was made by Mayor Nagel and seconded by Councilman
Radcliff to approve an amendment to the Agreement (Congestion
Mitigation and Air Quality Improvement Program) with the Texas ,
Department of Transportation, intersection project. All Voted Aye.
STORMWATER A motion was made by Councilman Daughtry and seconded by
Councilman Sawyer to approve payment of assessment for Texas
Cities Coalition on Stormwater in the amount of $1,619.20. All
Voted Aye.
ELECTION A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to approve Resolution 2000 -06, appointing
Bobbie Greene to replace Sonya Willis as the Presiding Judge and
Presiding Judge of the Early Voting Ballot Board for the City of
Nederland General Election to be held May 6, 2000. All Voted
Aye.
PAYMENTS A motion was made by Councilman Sawyer and seconded by
Councilman Radcliff to authorize payment of the bills for the
month of February, 2000. All Voted Aye. I
EXECUTIVE The regular meeting was recessed at 4:00 p.m. by Mayor Nagel for
SESSION the purpose of conducting an Executive Session as authorized by
Texas Government Code, Chapter 551 .072, discuss acquisition,
exchange, sale, and /or release of property; Chapter 551.071,
Robert Miller v. City of Nederland; Tony Britt, et al v. City of
Nederland; City of Nederland v. Entergy Gulf States, Entergy, Inc.
and Entergy Services, Inc.; possible litigation against KSA
Engineers, Inc. regarding the Water Treatment Plant; consultation
with City Attorney regarding Texas Department of Transportation
matters; and, consultation with City Attorney regarding Norman
Highway Constructors, Inc.
RECONVENE The regular meeting was reconvened at 4:11 p.m. by Mayor
Nagel. He announced that the Executive Session was held for
informational purposes only.
�J
Minutes continued, March 13, 2000
ADJOURN A motion was made by Councilman Nugent and seconded by
IMayor Nagel to adjourn the meeting at 4:13 p.m. All Voted Aye.
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
1
1
Homer E. Nagel, Mayor
City of Nederland, Texas
049
050 CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
V
Robert Sawyer
Council Member -Ward 1
V/
Joe Daughtry
Council Member - Ward 2
V/
Mike Radcliff
Council Member -Ward 3
Dick Nugent
Council Member - Ward 4
V/
Andre' Wimer
City Manager
✓
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
,/
Billy Neal
Chief of Police
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks & Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
✓
'Mayor
all NI o�
6ity
-3- i3- c
Date
1
AGREEMENT
(EMPLOYEE DRUG /ALCOHOL TESTING)
Agreement entered into on the date stated below, between the City of Nederland, State of
Texas, a municipal corporation, herein referred to as CITY, and Tower Medical Center of Nederland,
2100 Highway 365, Nederland, Texas 77627, a corporation authorized to carry on business in the
State of Texas, herein referred to as TESTING FACILITY.
In consideration of the mutual agreements and covenants set forth herein, the parties agree
as follows:
SECTION ONE
TESTING FACILITY REPRESENTATIONS
TESTING FACILITY represents that it is a laboratory certified under appropriate federal and
state regulations to perform and conduct urine, blood and breath tests to determine chemical or drug
content in individuals.
SECTION TWO
TESTING SERVICES AND FEES
TESTING FACILITY agrees to provide a one call, full service drug and alcohol testing
program to the City of Nederland employees. The description of integrated services to be performed
and fees to be charged are set forth in the attachment marked Exhibit "A" (consisting of one page),
which is incorporated herein by reference. TESTING FACILITY further agrees to adhere to the
criteria established by the City of Nederland Substance Abuse Policy relative to employee
drug/alcohol testing, including but not limited to the provisions regarding confidentiality, chain of
custody, and guidelines adopted by the United States Department of Health and Human Services for
work place urinalysis.
SECTION THREE
COMPENSATION
For services rendered by TESTING FACILITY under this Agreement, CITY agrees to pay
to TESTING FACILITY the fee(s) designated on Exhibit "A" attached hereto. Payment shall be
made by CITY within 20 days of its receipt of an itemized statement of services rendered during the
preceding month.
SECTION FOUR
INDEMNIFICATION
TESTING FACILITY shall indemnify CITY and hold it harmless against all claims, costs,
demands, attorneys fees, causes of action, losses, or damage that may arise as the result of any action
or conduct by TESTING FACILITY or its agents, employees, or officers in the testing performed
' or duties imposed under this Agreement.
052
SECTION FIVE
ASSIGNMENT
No assignment of this Agreement shall be valid without the written consent of the CITY.
,
SECTION SIX
BREACH
A breach of contract by either party shall constitute grounds for cancellation of this
Agreement by the other party. However, the party who commits the breach shall have fifteen (15)
days after mailing of written notice of such breach from the other party in which to correct or abate
the breach and avoid the cancellation.
SECTION SEVEN
VENUE
This Agreement is entered into and performable in Jefferson County, Texas.
SECTION EIGHT
EFFECTIVE DATE: TERM
This Agreement shall take effect on the 1 st day of April, 2000 and shall remain in effect,
subject to the provisions regarding cancellation, for a period of one year therefrom.
IN WITNESS WHEREOF, the parties have executed this Agreement at Nederland, Texas ,
on the 4 1 _ day of q 2000.
TOWER MEDICAL CENTER OF
NEDERLAND
ATTEST:
Its:
CITY OF NEDERLAND, TEXAS
rMM�s By:
LaDonna Floyd, City Secretary If
Its: fl a, /,, r
li
EXHIBIT A
I AGREEMENT FOR SERVICES
MARCH, 2000
EMPLOYER: City of Nederland
SUBJECT: Substance Abuse Screening Program
Maritime Petro Chem Clinic of Nederland agrees to offer a one call, full service drug and alcohol
testing program to the City of Nederland.
Description of integrated services and fees shall be as listed:
DOT Drug Screen ......................... ............................... $24.50
MRO (Medical Review Officer) .............. ............................... $10.00
Review and consultation with the applicant/employees regarding his/her test results.
Non -DOT Drujz Screen With Confirmation ..... ............................... $23.00
AlcoholTest .............................. ............................... $17.00
Administered at Maritime Petro Chem Clinic of Nederland using PBA3000 Breath
Analyzer. Alcohol detections of 0.2% or greater will be automatically confirmed by
a second test. This is a calibrated breath analyzer approved by the Department of
Transportation (DOT), and the results are evidential.
Record keeping etention (annual fee) ........ ............................... $100.00
Includes a quarterly report and annual report as required by DOT.
Random Generation
An alpha/numerically generated list of employees for your company's random drug
testing program currently is in place. A flat fee will be assessed for additions and/or
deletions to the current list .............. ............................... $5.00
Each random pull (monthly fee) ........ ............................... $25.00
1
053
054
Jefferson County
City of Nederland
Intersection Improvements
CSJ 0920 -00 -044 ,
ROW CSJ 0920 -00 -063
Account 9120 -00 -005
STATE OF TEXAS
COUTNY OF TRAVIS
AMENDMENT TO CMAQ AGREEMENT
DATED OCTOBER 15,1998
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called STATE, and the City
of Nederland, hereinafter called CITY, acting by and through it's contracting executive.
WITNESSETH
WHEREAS, the STATE and the CITY executed an agreement on the 15`h day of
October, 1998, to effectuate their mutual desire to make certain improvements to the
intersection of 27`h Street and Helena Avenue, Nederland, Texas; and,
WHEREAS, the STATE has determined that it is in the best interest of the citizens of the
State to amend that agreement to clarify certain right -of -way acquisition functions; and,
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, the STATE and the CITY do amend the agreement of
October 15,1998 and agree as follows:
AGREEMENT
1. CONTRACT PERIOD
This amended becomes effective upon final execution by the STATE and will
terminate upon completion of the project or unless terminated or modified as
hereinafter provided.
2. DETERMINATION OF RIGHT -OF -WAY VALUES
The CITY agrees to make determination of property values for each right -of -way
parcel by methods acceptable to the STATE and will submit to the STATE'S District
office a tabulation of the recommended values, signed by the appropriate CITY
representative. These tabulations will list the parcel number, ownership, acreage, and
recommended compensation. Compensation will be shown in component parts of
damages and improvements acquired and damages, if any. Included in the
05 5
itemization of the improvements will be the amounts by which the total compensation
will be reduced if the owner retains improvements. An explanation will accompany
this tabulation to support the recommended values, with a copy of information or
' reports used in arriving at all determined values. The STATE will review the
documentation submitted and may base reimbursement on the values that this review
has established.
3. ACQUISITION OF RIGHT -OF -WAY
The CITY will acquire the needed right -of -way in accordance with the applicable law
and conditions cited in the agreement of October. 15, 1998. The CITY will provide all
right -of -way free and clear of all improvements and/or encroachments with title being
acceptable to the STATE. Title should be unencumbered by any liens, exceptions or
reservations. The CITY at the CITY'S expense may secure additional right -of -way
for the project other than that depicted on the approved right -of -way plans. Donated
right -of -way if provided by others, pursuant and subsequent to the effective date of
the Federal Letter of Authority, can be credited toward the CITY'S contribution to the
project based on the property's fair market value. The STATE will review the
CITY'S appraisal documentation to determine this fair market value and apply any
credits on a dollar for dollar basis.
4. UTILITY ADJUSTMENTS, REMOVAL AND /OR RELOCATIONS
If the required right -of -way encroaches upon existing utilities and the proposed
highway construction requires the adjustment, removal and/or relocation of such
utility facilities, the CITY will establish the necessity for utility work in accordance
with 43 TAC, Section 21.31 -21.53 and all other state law, regulations, policies and
procedures. The CITY will be responsible for coordinating the adjustment, removal
and/or relocation of the utilities with the affected utility agencies. Any necessary
adjustment, removal and/or relocation of utilities will be accomplished in such a way
as not to interfere with the construction of the proposed project.
5. REIMBURSEMENT
A) The STATE will reimburse the CITY for eligible cost incurred subsequent to the
effective date of the Federal Letter of Approval and/or Authorization.
B) Reimbursement for negotiated right -of -way will be based on the STATE'S
predetermined established value for each parcel, or the net cost thereof, whichever
is the lesser amount. In addition, the STATE will reimburse the CITY for
necessary expense, except recording fees, incurred to establish property values
and assure good title to the property acquired. Reimbursement will not exceed
eighty percent (80 %) of actual eligible documented cost.
C) If the utility adjustments, removal and/or relocation are eligible cost for
participation by reimbursable right as described in 23 CFR 645.107 (A)(C), then
the STATE will reimburse the CITY in an amount not to exceed eighty percent
1 (80 %) of actual eligible cost
o 5 6 D) If condemnation is necessary, reimbursement by the STATE will be based on the
final judgement, conditioned upon the STATE having been notified in writing
before the filing of such suits and upon prompt notice being given as to all action
taken therein. Court cost and cost of Special Commissioners' Hearings assessed ,
against the CITY in condemnation proceedings and cost incident thereto, except
recording fees, will be eligible in an amount not to exceed eighty percent (80 %)
of actual cost, provided such cost are eligible for reimbursement under existing
law.
6. FUNDING RESPONSIBILITIES
The STATE will be responsible for securing the federal funding required for the
development of the project. The STATE will account for the CITY'S applicable
credit for any donated right -of -way. The CITY will be responsible for one hundred
percent (100 %) of all non - reimbursable cost, except indirect cost, associated with the
project.
7. TERMINATION
This amendment may be terminated as provided for in the agreement of October 15,
1998.
8. AMENDMENTS
Any changes in character, agreement provisions or obligations of the parties hereto
will be enacted by written amendment executed by both the CITY and the STATE.
9. SEVERABILITY
In case of one or more of the provisions contained in this amendment to the
agreement of October 15, 1998 becomes invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceable item will not affect any other
provision herein or the agreement of October 15,1998 and shall be construed as if
such provision had never been contained herein.
10. SURVIVAL
This agreement is meant to supplement the right -of -way provision found in item three
(3) of the original agreement dated October 15, 1998. All provisions related to right -
of -way acquisition found in said agreement survive this amendment and endure for
the purpose of this project. All other provisions of the contract are unchanged and
remain in full force and effect.
1
IN WITNESS HEREOF, THE STATE AND THE CITY have executed duplicate 057
counterparts to effectuate this amendment to the agreement of October 15, 1998.
1 CITY OF NEDERLAND, TEXAS
By: GV
Title: I IOLS. or
City Secretary
THE STATE OF TEXAS
0
Title:
1
re. —
Date:
Executed for the Executive Director for the purpose and effect of activating
and carrying out the orders, established policies heretofore approved by the
Texas Transportation Commission.
1
re. —
05P
CITY OF NEDERLAND
RESOLUTION 2000 -06
A RESOLUTION APPOINTING ELECTION OFFICIALS IN
ACCORDANCE WITH THE TEXAS ELECTION CODE.
WHEREAS, it has become necessary to replace the Presiding Judge and Presiding Judge of
the Early Voting Ballot Board for the City of Nederland Election.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
THAT the City Council hereby appoints Bobbie Greene to replace Sonya Willis as the
Presiding Judge and Presiding Judge of the Early Voting Ballot Board for the City of Nederland
General Election to be held Saturday, May 6, 2000.
PASSED AND APPROVED at a regular meeting of the City Council of the City of
Nederland this the /3 day of man ch 12000.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
(Z4,0", , " \c�
La onna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard Hughes, City Attorney
City of Nederland, Texas
I_J
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. March 27, 2000
CALL TO ORDER The meeting was called to order at 6:00 p.m. by Mayor Homer E.
Nagel at the Nederland City Office Building, 1400 Boston Avenue,
Nederland, Texas.
QUORUM See attached.
MINUTES A motion was made by Councilman Nugent and seconded by
Councilman Sawyer to approve the minutes of the March 13,
2000 meeting as written. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
EXTRA- City Manager Wimer explained that several property owners
TERRITORIAL approached the City two years ago relative to being provided
JURISDICTION with water and sewer services, however, the property is located
outside the city limits and outside the City's extraterritorial
jurisdiction. He stated that at that time he informed the property
owners that their property was located within the City of Port
Arthur's ETJ, therefore, Nederland would not be able to provide
any services. The property owners approached the City of Port
Arthur and asked that they release this area of their ETJ to the
City of Nederland. They were informed that a formal request to
release a portion of their ETJ should be presented by the City of
Nederland.
A motion was made by Councilman Daughtry and seconded by
Councilman Nugent to approve the submission of a request to the
City of Port Arthur concerning extraterritorial jurisdiction. MOTION
PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer, and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
SALES TAX A motion was made by Councilman Sawyer and seconded by
L Councilman Daughtry to authorize participation in the Year 2000
sales tax holiday. MOTION PASSED.
tL .& Jr — 40
Minutes continued, March 27, 2000
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
BIDS /PROPOSALS A motion was made by Councilman Nugent and seconded b
g Y
Councilman Sawyer to authorize advertisement of bids for the
Hardy Avenue /Avenue A property. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman
AGREEMENTS Nugent to adopt and execute an Interlocal Agreement with the
Texas Municipal League Intergovernmental Employee Benefits
Pool. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to authorize payment to Neches Engineers in the amount
of $412.28, engineering services for roof repairs to Henson
Building, RSVP Building, Service Center, and Sr. Citizens Center.
MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to authorize payment to Kinsel Industries,
Inc. in the amount of $117,090.00, influent lift station. MOTION
PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
A motion was made by Councilman Daughtry and seconded by
Mayor Nagel to authorize payment to TMI Coatings, Inc. in the
amount of $42,932.00, Hardy Avenue elevated water storage
tank repairs, final payment. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
A motion was made by Councilman Sawyer and seconded by
Councilman Daughtry to authorize payment to Schaumburg & Polk,
Inc. as follows: $86.00, standby generator; $3,983.00, 1999-
2000 wastewater collection system rehabilitation; $36,824.20,
Minutes continued, March 27, 2000
wastewater system improvements; and, $1,349.50, west
annexation area water and sewer improvements. MOTION
PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman
SESSION Nugent to postpone the Executive Session. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
OFFICIALS' City Manager Wimer reported that Steve Hamilton, Director of
COMMENTS Public Works and LaDonna Floyd, City Secretary, attended a
meeting with representatives of the Texas Department of
Transportation concerning the Boston Avenue Landscaping project.
The contract agreements will be reviewed by the City Attorney.
Councilman Daughtry reported street repairs needed on Nederland
Avenue near The Donut Palace entrance, and on 27`h Street. He
also asked if the Water Treatment Plant leaked during the weekend
rain. Mr. Wimer said that the contractor has stated that the
building needs an additional coat of paint.
ADJOURN A motion was made by Councilman Daughtry and seconded by
Mayor Nagel to adjourn the meeting at 6:30 p.m. MOTION
PASSED.
Ayes: Mayor Nagel, Councilmembers Nugent, Sawyer and
Daughtry. Noes: None. Absent: Councilmember Radcliff.
Homer E. Nagel, Mayor
ATTEST:
i i
LaDOnna Floyd, City ecretary
61A'
i i
. 062
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member -Ward 1
Joe Daughtry
Council Member - Ward 2
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Chief of Police
Mike Lovelady
Fire Chief
j
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks & Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
Mayor
C,
" � �j
ity Secretary
,3-021, W
Date
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
1. CALL TO ORDER
April 10, 2000
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas.
2. APPROVAL OF MINUTES
A motion was made by Councilman Nugent and seconded by Councilman Radcliff
to approve the minutes of the March 27, 2000 meeting as written. MOTION
PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
3. PROCLAMATION
Mayor Nagel presented a proclamation to Cindy Fertitta and Don Pumphrey,
representatives of March of Dimes, declaring April 15, 2000 as "March of Dimes
WalkAmerica Day" in Nederland. Ms. Fertitta and Mr. Pumphrey thanked the
Mayor and Council for their support of the March of Dimes.
A motion was made by Councilman Sawyer and seconded by Councilman
Daughtry to approve the Proclamation declaring April 15, 2000 as "March of
Dimes WalkAmerica Day" in Nederland, Texas. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
4. REQUEST
City Manager Wimer explained that Paul Gallier, 3211 Avenue G, has requested
the Council to waive two (2) grass liens that were placed on his property in
1989. Mr. Gallier purchased the property in 1990 and the liens were not
identified by the title company. The title company is no longer in business.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
waive the penalty and interest on the grass liens for the property at 321 1 Avenue
G, with the current property owner paying the original fee of $75.00 each.
MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
463
064 Minutes continued, April 10, 2000
5. DRAINAGE
City Manager Wimer stated that this item was placed on the agenda as a ,
discussion item only and that no action will be taken. He reviewed the five Main
C drainage projects as prepared by d.p. Consulting Engineers, Inc. The estimated
costs of the projects exceed the initial estimates provided by Costello, Inc. due
to additional construction involving existing utilities and roadways. Area 1 is the
Park Street /Avenue H area with an estimated cost of $737,800. Area 2 is the
Canal Avenue area with an estimated cost of $993,900. Area 3 is the Beauxart
Garden Road /Hodgson /Holmes Road area with an estimated cost of $2,861,000.
Area 4 is the Viterbo Road area with an estimated cost of $385,400. Area 5 is
the 36m Street /37th Street area with an estimated cost of $173,000. Previous
discussion was to issue Certificates of Obligation to fund the drainage
improvements. In order to maintain the current tax rate the City Manager is
recommending issuing a 10 or 15 year debt. The 10 year debt would be in the
amount of $2,055,000 and the 15 year debt would be $3,565,000. The 10 year
COs could fully fund Areas 1, 2 and 5. The 15 year COs could fully fund Areas
1, 2, 4 and 5, and partially fund Area 3. The City Manager added that in order
for the debt service to be included in next year's tax rate calculation, it will be
necessary to initiate the process at the May 9th meeting. This item will also be
placed on the next agenda for further discussion.
6. CITY SERVICES I
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve participation in the Mid - Jefferson Hospital /Park Place Hospital employee
picnic. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
7. BIDS /PROPOSALS
A motion was made by Councilman Sawyer and seconded by Councilman Nugent
to award bids received for street materials as follows: Trinity Aggregate
Distribution, Beaumont, TX, Limestone Base (large aggregate) $12.30 /Ton and
Limestone Base (small aggregate) $13.95/Ton; Koch Industries, Inc., Houston,
TX, AES 300 Emulsion $0.80 /Gallon and RS -2 Emulsion $0.75 /Gallon; APAC-
Texas, Beaumont, TX, 610 Base $15.75/Ton; and, Vulcan Construction Materials
LP, San Antonio, TX, Precoated Aggregated $31.98/Ton. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
I
Minutes continued, April 10, 2000
8. CONTRACTS /AGREEMENTS
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
approve a contract with the Port Arthur YMCA for the use of Doornbos Park
Swimming Pool for swimming lessons. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Daughtry to
approve a contract with South East Texas Regional Planning Commission for 9 -1-
1 services. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Nugent and seconded by Councilman Radcliff
to approve a contract with Schaumburg & Polk, Inc. for surveying services.
MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
9. WASTEWATER TREATMENT PLANT
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
postpone action regarding the centrifuge at the Wastewater Treatment Plant.
MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
10. BUDGET
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve amendments to the 1999 -2000 budget (see attached). MOTION
PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
11. PAYMENTS
A motion was made by Councilman Sawyer and seconded by Councilman
Daughtry to authorize payment to T & N Laboratories, Inc. in the amounts of
$442.50 and $106.50, Wastewater Treatment Plant lift station. MOTION
PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
06J
066 Minutes continued, April 10, 2000
A motion as made by Mayor Nagel and seconded by Councilman Nugent to
authorize payment to Don S. Reichle & Associates in the amount of $7,417.02,
Avenue G water storage tank Phase 3 construction monitoring, final payment.
MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize payment to Schaumburg & Polk, Inc. in the amount of $3,653.56,
Nederland Avenue surfacing. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Councilman Nugent
to authorize payment to d.p. Consulting Engineers, Inc. as follows: $7,183.32,
Main "C" drainage improvements; and, $3,366.90, 14 " Street paving project.
MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Radcliff and seconded by Mayor Nagel to
authorize payment of the bills for the month of March. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
12. EXECUTIVE SESSION
The regular meeting was recessed at 4:00 p.m. by Mayor Nagel for the purpose
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551 .072, discuss acquisition, exchange, sale, and /or release of property;
and, Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc.
and Entergy Services, Inc., consultation with City Attorney regarding Norman
Highway Constructors, Inc., and possible litigation against KSA Engineers, Inc.
regarding Water Treatment Plant.
13. RECONVENE
The regular meeting was reconvened at 4:40 p.m. by Mayor Nagel.
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize the City Attorney to send a demand letter to KSA Engineers, Inc.
regarding the certification on the roof of the Water Treatment Plant and to '
recover any fees associated with obtaining the certification, and authorize further
legal action if necessary. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
Minutes continued, April 10, 2000
14. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the City's annual auction has been
scheduled for May 13, 2000. He added that the gym lighting at the Recreation
Center has been installed and all materials for the ornamental lights at Doornbos
Park were received and installation should begin soon.
15. ADJOURN
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
adjourn the meeting at 4:50 p.m. MOTION PASSED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
ATTEST:
LaDonna Floyd, City Secretary
Homer E. Nagel, Mayor
067
Irby
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
Joe Daughtry
Council Member - Ward 2
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
,j
Andre' Wimer
City Manager
,/
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Chief of Police
i/
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks & Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
d
Mayor
— Ldwk� �Z1 %ac��f
City Secretary
y- / 0 - CD,)
Date
il
BUDGET AMENDMENT REQUEST
Fund Water & Sewer Department Billing /Collections
rease the following account(s):
61 -00 -6720 Buildings, Fixtures & Grounds
Decrease the following account(s):
50 -61 -00 -6332 Postage & Freight
Justification for amendment with course of action if amendment is not approved:
Replacement of current speaker system at drive -thru window is needed, this system has
been in place since current City Hall was built. r
Qurina damp weather. noise level of static is too hiah to hear customers.
Amount
1,000
Amount
1,000
Department Head Requesting Amendment Approved:
�11Q11�� • /lOc> r UJ
Date 4ityManager Date
Funds Available:
■
My Treasurer Date
Approved by Council:
L/— /D— OD
Date
070 BUDGET AMENDMENT REQUEST
Fund 01- General Department City Shop
Increase the following account(s):
3200 -6220
Decrease the following account(s):
3200 -6744
Amount
769
Amount
769
Justification for amendment with course of action if amendment is not approved:
Mid Budget Account Adjustments This will balance all city shop accounts to 50% This amount is needed to s
survive the rest of the 99 -2000 budaet.
Depart t Head Requesting Amendment
120%O
Date
Funds Available:
City Tr asurer Date
Approved:
- �, 7 Z--- Z-- '�, va
City Manager Date
Approved by Council:
Date
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m.
1 . CALL TO ORDER
April 24, 2000
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to approve the minutes of the April 10, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
3. DRAINAGE
Andre' Wimer, City Manager, explained to those in attendance what steps have
taken place regarding the drainage situation. He reviewed the five Main C
drainage projects as prepared by d.p. Consulting Engineers, Inc. that were
discussed at the April 10`h Council meeting. Mr. Wimer added that the Council
had previously committed to and is prepared to issue Certificates of Obligation
to fund the drainage improvements at an estimated cost of $3,565,000. The
debt process will be initiated at the May 9th meeting.
At this time Mayor Nagel asked for citizen comments regarding the drainage
situation during the recent heavy rain on April 12, 2000.
Citizens in attendance who voiced concerns with the recent flooding problems
were as follows:
Diane Robbins, 708 So. 91h Street Connie Woods, 607 So. 1 '/2 Street
Joey Banner, 323 - 36`h Street Yvonne Phelps, Best Western Motel
Jolei Bayard, 702 So. 9`h Street Terry Shipley, 702 So. 91h Street
Clint Woods, 607 So. 1 '/Z Street Rhonda Cooper, 3312 Canal
Judy Banner, 323 - 36 ' Street
Mayor Nagel thanked everyone for their comments and reiterated that the City
has completed all studies and are moving forward with obtaining funding to
make the suggested improvements. He added that Drainage District No. 7 is
also performing a study of their entire system and will hopefully be adding to
Nederland's improvements.
Minutes continued, April 24, 2000
3a. RECESS
The meeting was recessed at 7:10 p.m. by Mayor Nagel. '
3b. RECONVENE
The meeting was reconvened at 7:20 p.m. by Mayor Nagel.
4. WASTEWATER TREATMENT PLANT
Steve Hamilton, Director of Public Works, reported on problems that have been
occurring with the two (2) centrifuges at the Wastewater Treatment Plant.
These were installed in 1998 and we have had significant problems with them.
The initial warranty was for one year and within the first year they were down
for several months without a good centrifuge. The problems appear to have
been with the feed tube and the motor. It was discovered that the wrong feed
tube was installed and since this has been fixed there have been no further
problems with the feed tubes, however, there still exists problems with the
motor. Mr. Hamilton stated that at that time the City put Alfa Laval (the
manufacturer of the centrifuges) on notice with regard to an extended warranty.
He added that the City has been unsuccessful in receiving timely and sufficient
service from the manufacturer. Representatives of Alfa Laval were invited to the '
meeting to further explain the situation to the Council.
Ric Stapleton, Alfa Laval, stated that there was a design flaw in the feed tube
and that has been repaired, but there are still problems with the motor of the
centrifuges. He added that Alfa Laval is committed to repairing the motors under
warranty and to extend the warranty another year. The only thing that is not
covered on the warranty is removal, transportation, and replacement of the
motor once repairs are made.
Richard Hughes, City Attorney, asked Mr. Stapleton if all repairs to the motors,
other than removal, transportation, and replacement, will be paid for by Alfa
Laval. Mr. Stapleton stated that Alfa Laval will be responsible for all repairs.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize removal, repairs, and re- installation of the centrifuge motors; and, prior
to the expiration of the extended warranty (February 28, 2001) to disassemble
the centrifuges for a complete inspection. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
Minutes continued, April 24, 2000
5. PROPERTY - LICENSE TO ENCROACH
' A motion was made by Councilman Daughtry and seconded by Councilman
Sawyer to approve Resolution No. 2000 -07, authorizing a License to Encroach
at 607 South 1 '/2 Street and authorize the City Manager to sign the document.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
approve Resolution No. 2000 -08, authorizing a License to Encroach at 3004
Memphis Avenue and authorize the City Manager to sign the document.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
6. STREETS AND SIDEWALKS
A motion was made by Councilman Sawyer and seconded by Councilman
Daughtry to authorize maintenance of a right -of -way in the Smith, Hobson &
Bigelow Truck Farm subdivision. MOTION CARRIED.
' Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
7. LANDFILL PERMIT
A motion was made by Councilman Daughtry and seconded by Mayor Nagel to
authorize the revocation of the City of Nederland's landfill permit. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
8. BIDS /PROPOSALS
A motion was made by Councilman Sawyer and seconded by Councilman
Daughtry to award bids received for Nederland Avenue repairs to Excavators and
Constructors, Inc., Port Arthur, TX, in the amount of $58,919.50. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
073
074 Minutes continued, April 24, 2000
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to award bids received for the sale of the Hardy Avenue /Avenue A
property to St. Charles Catholic Church, Nederland, TX, in the amount of I
$7,300.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
9. CONTRACTS /AGREEMENTS
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
approve a contract with Fulbright & Jaworski, bond counsel, in the amount of
$13,000, contingent upon final approval by the City Attorney. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Daughtry and seconded by Mayor Nagel to
approve a contract with Fugro South, Inc. for geotechnical services, west
annexation, contingent upon final approval by the City Attorney. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes. None. ,
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve a contract with Fugro South, Inc. for geotechnical services, Year 2
SSES. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve a contract with Schaumburg & Polk, Inc. for inspection services,
Nederland Avenue. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
10. GRANTS - 2001 -2002 TEXAS COMMUNITY DEVELOPMENT PROGRAM
A motion was made by Councilman Daughtry and seconded by Mayor Nagel to
authorize requesting Statement of Qualifications for Administrative Services in
the implementation of TCDP applications and implementation of a project if
received; and, authorize requesting Statement of Qualifications for Engineering I
Services in the implementation of TCDP applications and implementations of a
project if received. MOTION CARRIED.
Minutes continued, April 24, 2000
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to call
for Public Hearing No. 1 for TCDP application to be held Monday, May 22, 2000
at 6:00 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
11. ORDINANCES
A motion was made by Councilman Sawyer and seconded by Councilman
Daughtry to approve an Amendment to Ordinance No. 107, authorizing the
placement of "No Parking" and "No Parking on Pavement" signs in the 700 block
of 23`d Street. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to approve an Amendment to Ordinance No. 164, setting Council
meeting dates. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
12. PROPERTY - SURPLUS
A motion was made by Councilman Sawyer and seconded by Councilman
Daughtry to declare certain City property as surplus and authorize its disposal.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
13. PAYMENTS
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize payment to H. B. Neild & Sons, Inc. in the amount of $24,529.00, Fire
Station Alterations to Apparatus Bay. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
u
0 ?5
076 Minutes continued, April 24, 2000
A motion was made by Councilman Daughtry and seconded by Councilman
Sawyer to authorize payment to Neches Engineers in the amount of $118.75 , '
engineering design for roof repairs to the Henson Office Building, RSVP Building,
Service Center, and Ritter Senior Citizens Center. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
14. EXECUTIVE SESSION
The regular meeting was recessed at 8:45 p.m. by Mayor Nagel for the purpose
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.074, personnel - City Manager evaluation; Chapter 551.072,
discuss acquisition, exchange, sale, and /or release of property; and, Chapter
551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy
Services, Inc.; consultation with City Attorney regarding Norman Highway
Constructors, Inc.; and, possible litigation against KSA Engineers, Inc. regarding
Water Treatment Plant.
15. RECONVENE
The regular meeting was reconvened at 8:51 p.m. by Mayor Nagel. He
announced that the Executive Session was held for information purposes only. '
16. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that roof repairs have been completed on
the RSVP Building and work has begun on the Henson Office Building roof. He
added that the annual street program is underway.
17. ADJOURN
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
adjourn the meeting at 8:52 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mfay(�r
ATTEST:
LaDonna Floyd, City Secretary
C
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
1/
Robert Sawyer
Council Member -Ward 1
Joe Daughtry
Council Member - Ward 2
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
j
Richard Hughes
City Attorney
/
Billy Neal
Chief of Police
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
1/
Jim Weaver
Parks & Recreation Director
✓
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
Mayor J
City Secretary
_� -! -
' Date
078
CITY OF NEDERLAND
RESOLUTION 2000 -07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, JEFFERSON COUNTY, TEXAS,
AUTHORIZING THE EXECUTION OF A LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY OF
NEDERLAND AND CONNIE HANKINS WOODS AND
CLINT WOODS REGARDING ENCROACHMENTS
ADJACENT TO LOT 2, BLOCK 6, BLOCK ESTATES It
ADDITION IN THE CITY OF NEDERLAND.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS:
1
THAT the City Manager is hereby authorized and directed to execute on behalf
of the City, a License to Encroach Agreement between the City of Nederland (Licensor)
and Connie Hankins Woods and Clint Woods (Licensee), pertaining to encroachments I
adjacent to Lot 2, Block 6, Block Estates II Addition, a copy of said Agreement being
attached and made a part hereof.
PASSED AND APPROVED this the day of�.�_, 2000.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY: '
Richard D. Hugheity Attorney
City of Nederland, Texas
CITY OF NEDERLAND
RESOLUTION 2000 -OE:
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF
NEDERLAND, JEFFERSON COUNTY, TEXAS,
AUTHORIZING THE EXECUTION OF A LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY OF
NEDERLAND AND STEVE GENTILE REGARDING
ENCROACHMENTS ADJACENT TO LOT 1, BLOCK 5,
HELENA PARK III ADDITION IN THE CITY OF NEDERLAND.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS:
THAT the City Manager is hereby authorized and directed to execute on behalf
of the City, a License to Encroach Agreement between the City of Nederland (Licensor)
and Steve Gentile (Licensee), pertaining to encroachments adjacent to Lot 1, Block 5,
Helena Park III Addition, a copy of said Agreement being attached and made a part
' hereof.
PASSED AND APPROVED this the c,)-/_ day of 0,aki 2000.
Homer E. Nagel, Mayor c
City of Nederland, Texas
ATTEST:
La Donna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, CYy Attorney
City of Nederland, Texas
080
AN AMENDMENT TO ORDINANCE NO. 107
AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH
REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE
CITY OF NEDERLAND, AND PROVIDING PENALTIES AND
FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED
DOLLARS ($200.00).
WHEREAS, the City Council of the City of Nederland is of the opinion that additional traffic
control devices and "No Parking" zones are required in order to properly regulate traffic and maintain
safety on the roads and streets of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
THAT, Ordinance No. 107, City ofNederland, Texas, is hereby amended by adding the following
language:
ARTICLE XII.
SECTION 97 - NO PARKING ON PAVEMENT
There shall be "No Parking on Pavement ",or part thereof, on the East side of 23rd Street starting
at the intersection at Helena Avenue and continuing for 133 feet south on said street from the intersection
at Helena Avenue.
There shall be "No Parking ", on the West side of 23`d Street starting at the intersection at Gary
Avenue and continuing for 150' north on said street from the intersection at Gary Avenue.
ARTICLE XVI.
SECTION 122 - PENALTY
Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance
shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than
$1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a
separate offense.
ARTICLE XVII.
SECTION 133 - EFFECTIVE DATE
This amendment to the ordinance shall be in full force and effect from and after its passage and
publication of the caption only as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas on
this the � day of _Qpl,'I_, 2000.
Homer E. Nagel, Mayor
ATTEST:
LaDonna Floyd, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Richard Hughes, City torney
1
1
1
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR
COUNCIL MEETINGS TO BE HELD FROM MAY 9, 2000
' THROUGH APRIL 23, 2001.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
That the following dates will be and are hereby regular meeting dates for the meetings of the City
Council of the City of Nederland, Texas. All ofthe below regular meetings shall begin at 3:00 p.m.
on each of the following dates:
May 9, 2000
June 12, 2000
July 10, 2000
August 14, 2000
September 11, 2000
October 9, 2000
November 13, 2000
December 4, 2000
January 8, 2001
February 12, 2001
March 12, 2001
April 9, 2001
The remainder of the meetings shall begin at 6:00 p.m. on the following dates:
May 22, 2000
June 26, 2000
July 0
August t 2 28, , 2000
September 25, 2000
October 23, 2000
November 27, 2000
December 18, 2000
January 22, 2001
February 26, 2001
March 26, 2001
April 23, 2001
Any and all ordinances of the City of Nederland, Texas which conflict with any provisions of this
amendment are hereby expressly repealed.
PASSED AND APPROVED by the City Council at a regular meeting this the, day of April,
2000
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST: 0
LaDonna Floyd, City Secretary
City of Nederland, Texas
' APPROVED AS TO FORM AND LEGALITY:
ichard D. Hughes, Ci Attorney
City of Nederland, Texas
081
082
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. May 9, 2000
1. CALL TO ORDER
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilman Nugent and seconded by Councilman radliff
to approve the minutes of the April 24, 2000 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Daughtry, Radcliff and Nugent.
Noes: None.
3. ELECTION ,
Mayor Nagel read the results of the General Election held May 6, 2000, he added
that Joe Daughtry has petitioned for a recount. The recount will be conducted
Wednesday, May 11, 2000 at 4:00 p.m. The results of the election are as
follows:
Candidate Early Voting Election Day Total
Mayor
Homer E. Nagel 232 320 552
J.E. "Gene" Mayo 59 142 201
Council Ward II
Joe Clayton 136 217 353
Joe Daughtry 148 203 351
Council Ward IV
R.A. "Dick" Nugent 219 291 510
Tommy Whisenhunt 66 147 213
Minutes continued, May 9, 2000
La Donna Floyd, City Secretary, administered the Oath of Office to Homer Nagel,
Mayor; Joe Clayton, Councilman Ward II; and, R. A. "Dick" Nugent, Councilman
Ward IV.
A motion was made by Councilman Sawyer and seconded by Councilman Nugent
to accept the returns of the May 6, 2000 General Election as read. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
authorize payment of the election officials in accordance with the Texas Election
Code, Section 3.08, in the amount of $297.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilman Nugent and seconded by Mayor Nagel to
appoint Councilman Robert D. Sawyer as the Mayor pro tempore in accordance
with Section 3.07 of the City Charter. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
1 4. DEDICATION
Marie Fleming, Co- Chairman of the Nederland Centennial Committee, took this
opportunity to thank the community for their active participation in the 1998
centennial celebration. Mrs. Fleming presented a plaque to the Mayor and Council
which lists the names of those who contributed funds to the Centennial
Committee. She stated that she feels that City Hall is the most appropriate place
to hang the plaque. Mayor Nagel thanked Mrs. Fleming, and all the committee
volunteers, for the overwhelming success of the year long celebration.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
accept the Centennial plaque as presented by Marie Fleming. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
5. BONDS - CERTIFICATES OF OBLIGATION
Andre' Wimer, City Manager, reviewed the Preliminary Official Statement for the
proposed issuance of $3,565,000 City of Nederland Certificates of Obligation,
Series 2000. He stated that the initiation of drainage improvements was begun
in January, 2000, when the City hired d.p. Consulting Engineers, Inc. to perform
0iS,S
o i Minutes continued, May 9, 2000
a more in depth drainage study. The study was presented at the April 10, 2000
meeting. Mr. Wimer added that the resolution authorizing the intent to issue the
bonds will be on the next agenda for approval.
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
direct City staff to include the Notice of Intent to Issue Certificates of Obligation
on the next agenda. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
6. REQUEST
Johnny Powell, 1404 South 23`d Street, addressed the Council requesting that he
be permitted to retain a wooden fence which he recently constructions and that
appears to encroach into Doornbos Park. Mr. Powell stated that there are other
residents that have also fenced in this area and if he is required to remove his
fence then they should also.
Mr. Wimer stated that the City adopted an ordinance regulating fences of
alleyways, etc. in 1998, and any fences that were constructed prior to the
adoption of that ordinance would be governed by the grandfather provision.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
direct the City Attorney to research this issue as it pertains to the City's
ordinance and State law with a recommendation at a future Council meeting; and
direct City staff to notify Mr. Powell of the date and time of the meeting.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
7. COMMENTS
Robert Sangster, Water Treatment Plant Supervisor, explained the City's policy
of testing new chemicals at the Water Treatment Plant. He stated that prior to
any chemicals being purchased the company is required to perform jar tests using
their chemicals and if the jar tests are successful the company would then supply
their product at no cost to the City, tests are run in accordance with City
guidelines and NSF certification is obtained prior to use of the product. Mr.
Sangster added that ClearValue does not want to follow the City's policy of
testing and therefore feels they are not being given an opportunity to do business
with the City.
Minutes continued, May 9, 2000
Richard Haase, ClearValue, addressed the Council relative to his desire to supply
the City with water treatment chemicals. He stated that he has been advised by
his Counsel that he cannot provide chemicals to a city for testing purposes at no
cost to the cities. He feels that he has an excellent chemical and can save the
City money if he is allowed to sell his product to us.
Mayor Nagel stated that the City's current testing policy has been quite effective
and feels that if ClearValue is interested in being a supplier for the City of
Nederland then it will be necessary for him to follow the policy. He added that
ClearValue must be willing to provide the chemical for testing and to also provide
NSF certification.
Mr. Haase once again stated that he is unable to provide the chemical for testing
purposes only. He thanked the Council for their time.
8. SAFETY POLICY
A motion was made by Councilman Sawyer and seconded by Councilman Clayton
to approve an amendment to the Safety Policy. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
' Noes: None.
9. STREETS AND SIDEWALKS - STREET LIGHT REQUEST
A motion was made by Councilman Nugent and seconded by Councilman Radcliff
to authorize the installation of a street light at 1116 South 36"' Street. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
10. BIDS /PURCHASES
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
authorize the purchase of a diving board for Doornbos Pool from Lincoln
Equipment in the amount of $7,118.46. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Councilman Clayton
to authorize the advertisement for proposals for playground equipment at Homer
Nagel Park in an amount not to exceed $11,000.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
085
086 Minutes continued, May 9, 2000
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize advertisement of bids for the west annexation area water and sewer
lines. MOTION CARRIED. '
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
11. PAYMENTS
A motion was made by Councilman Sawyer and seconded by Councilman Nugent
to authorize payment to Schaumburg & Polk, Inc. as follows: $1,238.00,
Nederland Avenue surfacing; $344.00, standby generator study; $23,377.53,
wastewater system improvements; $2,111.00, 1999 -2000 collection system
rehabilitation; and, $1,125.00, west annexation area water and sewer
improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize payment to T & N Laboratories, Inc. in the amount of $65.00,
Wastewater Treatment Plant lift station. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
authorize payment to Neches Engineers in the amount of $112.53, engineering
services associated with roof repairs at the Henson Building, RSVP Building,
Service Center and Senior Citizens' Center. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize payment of the bills for the month of April, 2000. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
12. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
1
1
Minutes continued, May 9, 2000
13. OFFICIALS' COMMENTS
' Andre' Wimer, City Manager, presented a proposed mail -out regarding the City's
solid waste policy. He added that the Cities of Nederland, Port Neches and
Groves received a solid waste grant through the South East Texas Regional
Planning Commission and one component of the grant request involved the
distribution of an informational brochure to residents outlining City policy. Mr.
Wimer asked the Council to review the fact sheet and to contact him with any
questions and /or comments.
Mayor Nagel stated that he had received a call from a resident that lives behind
Doornbos Park near the softball fields and it appears that he is having problems
with people climbing over his fence to retrieve foul balls. The gentleman informed
Mayor Nagel that he would be happy to return the balls if they would just knock
on his door, but feels they will destroy his fence in time if they continue to climb
over it. Jim Weaver, Director of Parks and Recreation, stated that he will inform
all the leagues that they will be considered to be trespassing if they climb into
someone's yard to retrieve softballs.
14. ADJOURN
' A motion was made by Mayor Nagel and seconded by Councilman Clayton to
adjourn the meeting at 4:50 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
ATTEST:
LaDonna Floyd, City ecretary
City of Nederland, Texas
17
u
Homer E. Nagel, Mayor
City of Nederland, Texas
ma
030
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSEN�
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
Joe Clayton
Council Member - Ward 2
Mike Radcliff
Council Member - Ward 3
,/
Dick Nugent
Council Member - Ward 4
,/
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
t/
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
LX
Rod Hatch
Building Official
V/
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
II ay-o� �7
ity Secretary
S 9 - u� _
Date
f
1
M
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. May 22, 2000
1. CALL TO ORDER
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to approve the minutes of the May 9, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
3. TEXAS COMMUNITY DEVELOPMENT PROGRAM
3a. A motion was made by Mayor Nagel and seconded by Councilman
Radcliff to approve hiring David J. Waxman, Inc. to perform
administrative services for a potential TCDP project. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and
Nugent.
Noes: None.
3b. The regular meeting was recessed and a Public Hearing was called to
order at 6:04 p.m. by Mayor Nagel for the purpose of receiving
comments regarding the TCDP application.
Andre' Wimer, City Manager, stated that the Public Hearing is a
requirement of the application process.
Randy Blanks, David J. Waxman, Inc., stated that the deadline for
submitting an application is August 24, 2000. He added that City's
with outstanding water and wastewater projects should apply for that
type of grant. Nederland has been successful in receiving two grants
during the last three years. Allocations for Southeast Texas this year
total $1.4 million. Mr. Blanks also reported that the Regional Review
Committee will begin the scoring process sometime near the end of the
year.
091..) Minutes continued, May 22, 2000
There being no questions and /or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 6:08 p.m. by
Mayor Nagel. ,
3c. A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to approve hiring d.p. Consulting Engineers, Inc. to perform
engineering services for a potential TCDP project. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and
Nugent.
Noes: None.
4. REQUEST
4a. Ross Gant, 1917 Peterson, addressed the Council to request that the
City provide this area with sewer service. Mr. Gant stated that 12 feet
of his property is within the City limits and feels he should be able to
connect to the sewer.
Mayor Nagel responded that in order to provide sewer to this area a line
would have to be laid under the LNVA canal and that would be too costly
to the City.
Barbara and Bruce Litchfield, 1301 Spring, also have property along
Peterson and feel they should also be provided with City sewer. Mrs.
Litchfield added that the City had promised them years ago to provide
sewer and that is why Water Control and Improvement District No. 10
will not provide them with the service.
Andre' Wimer, City Manager, stated that City staff will review the sewer
line maps to determine where the closest line is located and if it would
be possible to lay a line without going beneath the canal.
A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to deny the request of Ross Gant, 1917 Peterson, to provide City
sewer service. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and
Nugent.
Noes: None.
4b. Kelly Tyson, Texas Youth Commission, addressed the Council to request
that the City provide fire protection to their facility. He added that they
would be willing to sign a contract with the City whereby they would
reimburse the City for expenses incurred fighting fires at the TYC. ,
Minutes continued, May 22, 2000
Mayor Nagel explained that it is the City's policy to not provide fire
protection services to areas outside our city limits and ETJ, and added
that this area is located within the City of Beaumont's ETJ. He
suggested that they contact the City of Beaumont. Mayor Nagel added
that the citizens are left without proper manpower and equipment when
our department travels outside our jurisdiction.
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to deny the request of the Texas Youth Commission to provide
fire protection. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and
Nugent.
Noes: None.
5. RESOLUTION - CERTIFICATES OF OBLIGATION
A motion was made by approve Resolution 2000 -09, authorizing publication of
notice of intention of the City of Nederland to issue Certificates of Obligation
to fund the costs of improvements and extensions to its stormwater drainage
system and certain other costs related and incidental thereto. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
6. ORDINANCE - NO PARKING
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve an Amendment to Ordinance No. 107, authorizing the placement of
"No Parking" signs at 524 Atlanta Avenue. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
7. BIDS /PURCHASES
7a. A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to approve a proposal from B. C. Miller Electric Co., Inc.,
Nederland, TX, for electrical repairs to the B. A. "Booty" Ritter Senior
Citizens Center in the amount of $4,674.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and
Nugent.
INoes: None.
091
r3 Minutes continued, May 22, 2000
7b. A motion was made by Mayor Nagel and seconded by Councilman
Sawyer to authorize the advertisement of bids for the construction of the
Wastewater Treatment Plant. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and
Nugent.
Noes: None.
8. CITIZEN COMMENT
Ms. Pittneuer, 219 Avenue D, addressed the Council relative to the noise level
of her neighbor's air conditioning unit. She stated the company that installed
the unit informed her that the decibel level is 82. She added that the City's
current ordinance does not address decibel levels and asked the Council to
include these issues in a noise ordinance.
Mayor Nagel informed Ms. Pittneuer that the City is currently working on a new
noise ordinance that will include maximum allowable decibel levels. He added
that City staff will contact her when the new ordinance will appear on an
agenda for final approval.
9. CHANGE ORDER
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
approve Change Order No. 1 with Hampshire Roofing Co. in the amount of
+$6,204.00 for roof repairs to Henson Office Building and RSVP Building.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
10. FINANCE -PAYMENTS
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize payment to H. B. Neild & Sons, Inc. in the amount of $16,515.00,
Fire Station alterations to apparatus bay. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize payment to Neches Engineers in the amount of $2,931.10,
engineering design for roof repairs to the Henson Office Building, RSVP Building,
Service Center, and Ritter Senior Citizens Center. MOTION CARRIED. '
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
Minutes continued, May 22, 2000
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
authorize payment to Schaumburg & Polk, Inc. as follows: $6,699.33,
' wastewater system improvements; $1,161.80, Nederland Avenue surfacing;
$1,323.00, west annexation area water and sewer improvements; and,
$875.00, 1999 -2000 collection system rehabilitation. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize payment to d.p. Consulting Engineers, Inc. as follows: $3,132.62,
14 ' Street paving and $5,626.95, upper Main "C" drainage improvements.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to authorize payment to Kinsel Industries, Inc. in the amount of
$331,185.49, influent lift station. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize payment to Mike Barnett Construction in the amount of $21,740.00,
roof repairs to the Service Center and Senior Citizens Center. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
11. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
12. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that a Mid County Municipal League
meeting will be held Tuesday, May 23`d, at 6:00 p.m, at the Nederland City
Office Building. He also reported that Nederland Independent School District
may be applying for a grant to provide a full -time police officer to the schools.
' If they are successful in obtaining the grant it would provide for an officer for
three years. Mr. Wimer presented an updated cost list of the potential street
improvements with overlay versus bo -mag.
093
094 Minutes continued, May 22, 2000
13. ADJOURN
A motion was made by Mayor Nagel and seconded by Councilman Nugent to I
adjourn the meeting at 7:45 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
1
1
�9
1
09;
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
V-1,
Robert Sawyer
Council Member -Ward 1
Joe Clayton
Council Member - Ward 2
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Gallowa
Assistant to the City Manager
Mayor
City Secretary
S - 00
Date
096 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
OF INTENTION OF THE CITY OF NEDERLAND, TEXAS TO
ISSUE CERTIFICATES OF OBLIGATION TO FUND THE COSTS
OF IMPROVEMENTS AND EXTENSIONS TO ITS
STORMWATER DRAINAGE SYSTEM AND CERTAIN OTHER
COSTS RELATED AND INCIDENTAL THERETO
WHEREAS, the City Council of the City of Nederland, Texas, deems it advisable to issue
Certificates of0bligation to fund (1) acquisition, construction, and equipping of improvements and
extensions to its stormwater drainage system, and (2) certain other costs related and incidental
thereto, in accordance with the Notice hereinafter set forth, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Section 1. The facts and recitations contained in the preamble of this Resolution are
hereby found and declared to be true and correct.
Section 2. The City Secretary is hereby authorized and directed to cause to be published
in the manner required by law a notice ofintention to issue Certificates of Obligation in substantially
I�
�I
the form attached hereto as "Exhibit A" and made a part hereof. '
Section 3. The notice set forth in "Exhibit A" to this Resolution shall be published once
a week for two (2) consecutive weeks in a newspaper of general circulation in the City ofNederland,
the date of the first publication to be before fourteen (14) days prior to the date set in said notice for
the issuance of Certificates of Obligation.
Section 4. The Mayor, City Secretary, and other officers of the City are hereby
authorized and directed to do any and all things necessary or desirable to carry out the provisions
of this Resolution.
Section 5. This Resolution shall take effect immediately upon its passage.
5456959.1
PASSED, APPROVED, AND ADOPTED thisp�?a ooh
Homer E. Nagel, Mayor c
City of Nederland, Texas
I�J
097
EXHIBIT A
NOTICE OF INTENTION TO ISSUE CITY OF NEDERLAND
CERTIFICATES OF OBLIGATION
TAKE NOTICE that the City Council of the City of Nederland, Texas (the "City"),
shall convene at 6:00 o'clock p.m. on June 26, 2000, at its regular meeting place in the City Office
Building, 1400 Boston Avenue, Nederland, Texas, of said City and during such meeting, such City
Council will consider the passage of an ordinance authorizing the issuance of certificates of
obligation in an amount not to exceed $3,565,000 for the purpose of paying contractual obligations
to be incurred (1) for the acquisition, construction, and equipping of improvement and extensions
to its stormwater drainage system and (2) for professional services. The certificates of obligation
will be payable from the levy of an annual ad valorem tax, within the limits prescribed by law, upon
all taxable property within the City and from a pledge of certain available net revenues derived from
the operation of the City's water and sewer system. The certificates of obligation are issued, and this
notice is given, under and pursuant to the provisions of Texas Local Government Code,
Section 271.049, as amended.
e Y
Homer E. Nagel, Mayor
1
093
1
AN AMENDMENT TO ORDINANCE NO. 107
AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH
REGULATES TRAFFIC UPON THE PUBLIC STREETS OF
THE CITY OF NEDERLAND.
WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control
is required in order to properly regulate traffic and maintain safety on the roads and streets of the
City.
NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT, Ordinance No. 107 is hereby amended by adding the following language:
ARTICLE VII.
SECTION 97 - NO PARKING
No Parking signs along the north side of Atlanta Avenue from 6`h Street east 100' shall be ,
erected. Parking shall not be allowed along this section of Atlanta Avenue.
PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas
this theme day ofg_, 2000.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes ity Attorney
City of Nederland, Texas
093
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. June 12, 2000
1. CALL TO ORDER
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to approve the minutes of the May 22, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
3. ORDINANCE
' A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve Ordinance No. 2000 -07, regulating disturbing noises and establishing
allowable noise levels within the City limits of Nederland. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
4. CONTRACTS /AGREEMENTS
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
approve renewal of a contract with Plan 21, employee assistance program.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve renewal of a contract with Holy Cross Lutheran Church for park
property contingent upon approval by their Board of Directors. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
' Noes: None. Absent: Councilman Nugent.
100 Minutes continued, June 12, 2000
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
approve a contract with Lower Neches Valley Authority for the purchase of raw
water contingent upon the City's contract to provide water to AquaSource, Inc. I
not being changed due to Section 15 of the LNVA contract. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
5. BIDS /PURCHASES
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
authorize the construction of a new counter for the Utility Billing Department
and the resurfacing of the existing table and countertops in the Conference
Room of City Hall and to award the bid to Dabney Construction, Beaumont, TX,
in the amount of $14,600.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to award bids received for playground equipment for the Avenue G park
to Thompson Recreation, Inc., New Braunsfel, TX, in the amount of
$10,501.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff. I
Noes: None. Absent: Councilman Nugent.
6. STREETS AND SIDEWALKS - STREET LIGHT INSTALLATION
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
authorize the installation of a street light and pole at 707 South 5 1 Street.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
7. CHANGE ORDERS
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
approve Change Order No. 1 with Kinsel Industries, Inc., influent lift station, in
the amount of + $4,603.78. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
Minutes continued, June 12, 2000
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve Change Order No. 1 with Mike Barnett Construction, roof repairs to the
' Service Center and the B. A. "Booty" Ritter Senior Citizen Center, to replace the
roof at the senior citizen center instead of repairs, at no additional cost to the
City. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
8. PAYMENTS
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize payment to T & N Laboratories, Inc. in the amount of $227.50,
Wastewater Treatment Plant lift station. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to authorize payment to Hampshire Roofing Co. in the amount of
$28,344.00, roof repairs to the Henson Office Building and RSVP Building.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
' Noes: None. Absent: Councilman Nugent.
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
authorize payment to d.p. Consulting Engineers, Inc. in the amount of $930.50,
14" Street paving. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
A motion was made by Councilman Radcliff and seconded by Mayor Nagel to
authorize payment of the bills for the month of May, 2000. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
9. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
1
101
10 2 Minutes continued, June 12, 2000
10. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that he met with Randy Blanks, grant
consultant, and Will Lorraine, d.p. Consulting Engineers, to discuss potential ,
projects for the upcoming CDBG application process. It was suggested that we
apply to replace additional water and sewer lines east of Gage Avenue between
Nederland Avenue and Hwy. 366. The income survey that was conducted in
that location would still be effective. Mr. Lorraine will be providing a cost
estimate next week and this item should appear on the next agenda.
Mayor Nagel asked about the City's trash policy relative to commercial property.
Steve Hamilton, Director of Public Works, responded that the City only provides
trash service to customers who currently pay a garbage bill.
11. ADJOURNMENT
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
adjourn the meeting at 3:55 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilman Nugent.
Homer E. Nagel, Mayor J
City of Nederland, Texas
ATTEST:
i---2L4111
LaDonna Floyd, City Secretary
City of Nederland, Texas
1
C
i
1
1o:4
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member -Ward 1
Joe Clayton
Council Member - Ward 2
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
,/
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Police Chief
,/
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
V,
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
,%
Jim Weaver
Parks and Recreation Director
,/
Victoria Klehn
Librarian
V
Kelly Galloway
Assistant to the City Manager
✓
Mayor
City Secretary i
Cc- I .�2 _ L
Date
104
CITY OF NEDERLAND '
ORDINANCE 2000 -07
AN ORDINANCE REGULATING DISTURBING NOISE
WITHIN THE CORPORATE LIMITS OF NEDERLAND,
JEFFERSON COUNTY, TEXAS, FOR THE PURPOSE OF
MAINTAINING ORDER AND PEACE, NEAR, AND AROUND
PRIVATE DWELLINGS AND OTHER PUBLIC STREETS
AND PLACES WITHIN THE CORPORATE CITY LIMITS OF
NEDERLAND, JEFFERSON COUNTY, TEXAS;
ESTABLISHING ALLOWABLE NOISE LEVELS; PROVIDING
A PENALTY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
Section 1. Findings.
A. The making, creation or maintenance of any disturbing, unreasonable or loud
noise within the City of such character and duration as to disturb persons of
normal sensitivity or as to disturb persons in their normal mode of living is a
detriment to the public health, comfort, convenience, safety, and welfare of the
residents of the City; and
B. It is further declared that the provisions and prohibitions contained herein are
in pursuance of and for the purpose of securing and promoting the public I
health, comfort, convenience, safety, welfare and the peace and quiet of the
City and its inhabitants.
Section 2. Disturbing noise prohibited.
A. It is unlawful for any person or entity to intentionally, knowingly or recklessly
make, create or maintain, within the corporate limits of the City of Nederland,
a noise:
1. which is so unreasonable, loud or of such character and duration as to
disturb a person of normal sensitivity or as to disturb persons in their
normal living mode; or
2. which exceeds the allowable noise standards set forth in Section 4
herein below.
B. Subsections 2A.1 and 2 above do not apply to noises exempted by Section 5
below.
Section 3. Specific prohibited noises.
A. The following acts or means of causing noise of such character and duration
as to disturb a person of normal sensitivity or as to disturb persons in their
normal mode of living are declared to be disturbing, unreasonable or loud
noises; provided, however, that such enumeration shall not be construed to be
exclusive of other acts or means of causing noise:
1. Audible transmitting device, including radio, phonograph, stereo, and '
musical instruments;
2. Speakers, horns, whistles, instruments, bells or similar devices;
3. Vehicle through exhaust noise, horns, whistles, transmitting devices,
squealing tires etc.;
10
4. Screaming, shouting or other verbalization;
' 5. Permitting any animal or bird owned, possessed, kept or harbored to
cause frequent or long continuing noise;
6. The use of any mechanical device operated by compressed air; and
7. The erection (including excavation), demolition, alteration, or repair of a
building, except in case of urgent necessity in the interest of public
safety and then only with a City permit.
B. Noise from any source which exceeds the allowable noise standards set forth
in Section 4 herein is declared to be a disturbing, unreasonable and loud
noise.
Section 4. Noise standards.
The following noise standards shall apply to all propertywithin the City of Nederland:
A. For noise emanating, as measured from any point on the property line, from
any property located within any residential zoning district, the allowable noise
level shall be as follows:
Time Interval Allowable Exterior Noise Level
9:00 p.m. to 6:00 a.m. 50 dB(A)
6:00 a.m. to 9:00 p.m. 55 dB(A)
B. For noise emanating, as measured from any point on the property line, from
any property located within any commercial zoning district, the allowable
noise level shall be as follows:
' Time Interval Allowable Exterior Noise Level
9:00 p.m. to 6:00 a.m. 65 dB(A)
6:00 a.m. to 9:00 p.m. 70 dB(A)
C. For noise emanating, as measured from any point on the property line, from
any property located within the Light Industrial zoning district, the allowable
noise level shall be 75 dB(A).
D. For noise emanating, as measured from any point on the property line, from
any property located within the Medium Industrial or Heavy Industrial zoning
districts, the allowable noise level shall be 85 dB(A).
E. Noise levels shall be measured with a sound level meter and associated
octave band filter manufactured in compliance with standards prepared by
the American Standards Association.
Section 5. Noise sources exempted.
For the purpose of determining compliance with the noise standards stipulated by
this ordinance, the following noise sources shall be exempted:
A. Noises caused by emergency vehicles:
B. Noises caused by emergency alarms, safety signals, and warning devices;
C. Transient noise of mobile sources including automobiles, trucks, airplanes,
and railroads;
D. Noises not directly under the control of the property owner, lessor, or
operator of the premises;
E. Noises caused by bells, chimes, or carillons while being used for religious
purposes or for national celebrations or public holidays;
i
IOG
F. Noises caused by air conditioning or refrigeration systems, or associated
equipment; ,
G. Noises caused by any functions authorized by the City of Nederland or the
Nederland Independent School District;
H. Noises caused by construction, repairs, or maintenance activities between
the hours of 6:00 a.m. and 9:00 p.m.;
I. Noises caused by emergency construction, repairs, or maintenance
activities; or,
J. Noises caused by any activity whose operation is preempted by State or
Federal law.
Section 6. Variance.
A. The owner or operator of any building, structure, operation or use which
violates any noise standard may file an application for a variance from the
provisions thereof wherein the applicant shall set forth all actions taken to
comply with said provisions and the reasons why immediate compliance
cannot be achieved.
B. The Zoning Board of Appeals may grant exceptions with respect to time of
compliance, subject to such terms, conditions and requirements as it may
deem reasonable to achieve maximum feasible compliance with the
provisions of this ordinance. In its determination, the Board of Appeals shall
consider the following:
1. The magnitude of the nuisance caused by the violation;
2. The uses of the property within the area of impingement;
3. The economic factors; and
4. The general public interest, welfare and safety.
Section 7. Penalty.
A person or entity who violates a provision of this ordinance is guilty of a separate
offense for each day or part of a day during which the violation is committed, continued,
or permitted. Each offense, upon conviction, is punishable by a fine not to exceed Two
Thousand Dollars ($2,000.00).
Section 8. Severability.
If any provision, section, subsection, sentence, clause or phrase of this ordinance,
or the application of same to any person or set of circumstances for any reason is held to
be unconstitutional, void or invalid or for any reason unenforceable, the validity of the
remaining portions of this ordinance of the application thereby shall remain in effect. It
being the intent of the City Council of the City of Nederland, Texas in adopting this
ordinance, that no portion thereof or provision contained herein shall become inoperative
or fail by any reason of unconstitutionality or invalidity of any portion or provision.
Section 9. Repealing conflict.
All ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of conflict with this ordinance.
Section 10. Effective date.
This ordinance shall become effective after its publication and passage at a
regularly scheduled meeting of the City Council of the City of Nederland, Texas. '
PASSED AV APPROVED by the City Council of the City of Nederland, Texas this
the la day of 12000.
"Horner E. Nagel, Mayor o
City of Nederland, Texas
ATTEST:
L'abo na Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, y Attorney
City of Nederland, Texas
1
1
10
ins
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m.
2.
3.
C9
CALL TO ORDER
June 26, 2000
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to approve the minutes of the June 12, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
GRANTS - TEXAS COMMUNITY DEVELOPMENT PROGRAM
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to approve Resolution 2000 -10, authorizing the submission of the FY
2001 -2002 Texas Community Development Block Grant Application for Water
and Sewer Improvements Project in the Atlanta Avenue /Chicago Avenue area
neighborhood. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
ORDINANCES
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to approve Ordinance No. 2000 -08, authorizing the issuance of City of
Nederland, Texas Certificates of Obligation, Series 2000; and levying an ad
valorem tax; pledging certain net revenues; authorizing the execution of a
transfer and paying agency agreement; and other matters in connection
therewith. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
1
1
1
Minutes continued, June 26, 2000
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to approve an Amendment to Ordinance No. 333, fire prevention code.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
5. BIDS /PURCHASES
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize the purchase of street signs from Roadrunner Traffic Supply, Inc., Fort
Worth, TX, in the approximate amount of $4,232.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
reject all bids received for water and sewer improvements in the west
annexation area and to authorize re- advertisement of bids to be received July
20, 2000, at 2:00 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize advertisement of bids for Year 2 Sanitary Sewer Evaluation Survey
(SSES) work to be received August 3, 2000, at 2:00 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
6. GRANTS - COPS IN SCHOOLS FY 2000
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve submission of a COPS in School Grant Program application, MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
POLICIES /PROCEDURES
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
approve a Sick Leave Donation Program for the City of Nederland employees.
MOTION CARRIED.
IIIIIIII Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
103
110
Minutes continued, June 26, 2000
8. APPOINTMENTS - BOARDS AND COMMISSIONS
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to appoint members for 2 -year terms (July 1, 2000 -June 30, 2002) to
the Planning and Zoning Commission as follows: C. J. Schexnaider, Mark
Griffin, Kenneth Mitchell, and Jack Porter, MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to appoint members for 2 -year terms (July 1, 2000 -June 30, 2002) to
the Zoning Board of Appeals /Trailer Park Board of Appeals as follows: Guy
Barlow, John Fisher, Bill Cummins, Barney Green, and A. C. Handley, Jr.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
appoint Jerry McNeill to the Civil Service Commission for a three -year term (July
1, 2000 -June 30, 2003). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to appoint Sonya Willis as the Lay Representative and George
Eisenmann as the Alternate for 2 -year terms (July 1, 2000 -June 30, 2002) to
the Houston Area Library System (HALS). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
9. CHANGE ORDER
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to approve Change Order No. 2 with Mike Barnett Construction in the
amount of + $2,325.00, roof repairs to the Service Center /Senior Citizens
Center. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
1
1
Minutes continued, June 26, 2000
10. PAYMENTS
' A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize payment to Schaumburg & Polk, Inc. as follows: $6,252.44, west
annexation area water and sewer improvements; $583.00, Nederland Avenue
resurfacing; $7,355.28, wastewater system improvements. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Clayton to
authorize payment to H. B. Neild & Son, Inc. in the amount of $4,851 .00, Fire
Station alterations to apparatus bay. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize payment to Kinsel Industries, Inc. in the amount of $111,412.80,
influent lift station. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
' 11. EXECUTIVE SESSION
The regular meeting was recessed at 7:10 p.m. by Mayor Nagel for the purpose
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.072, discuss acquisition, exchange, sale, and /or release of
property; Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy,
Inc. and Entergy Services, Inc.; consultation with City Attorney regarding
Norman Highway Constructors, Inc.; and, possible litigation against KSA
Engineers, Inc. regarding Water Treatment Plant; and, Chapter 551.074,
personnel appointments: City Secretary, City Treasurer, Fire Marshal /Fire Chief,
Police Chief, City Judge, City Attorney, Emergency Management Coordinator
and Assistant Emergency Management Coordinator.
12. RECONVENE
The regular meeting was reconvened at 7:40 p.m. by Mayor Nagel. He
announced that the items under Chapter 551.072 and 551.071 were for
' informational purposes only.
ill
112
Minutes continued, June 26, 2000
13. APPOINTMENTS - PUBLIC OFFICIALS ,
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize the appointments as follows: LaDonna Floyd, City Secretary; Cheryl
Dowden, City Treasurer; Mike Lovelady, Fire Marshal /Fire Chief and Assistant
Emergency Management Coordinator; Billy Neal, Police Chief and Emergency
Management Coordinator; John Borne, City Judge; and Richard Hughes, City
Attorney. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
14. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that he met with the pastor of Holy
Cross Lutheran Church and they have no objections to the renewal of the
contract to allow property to be used as a neighborhood park. He also stated
that TxDOT is in the process of reviewing the contract documents for the
Boston Avenue project. Mr. Wimer also stated that the lift station that Parkway
Village is wanting the City to take possession of is in need of repairs and that
he will not recommend the acceptance of it until all repairs are made. ,
Councilman Sawyer suggested that the City begin thinking about conducting a
charter change election.
15. ADJOURNMENT
A motion was made by Councilman Nugent and seconded by Mayor Nagel to
adjourn the meeting at 7:50 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
ATTEST:
(:�o vux c a,J
LaDonna Floyd, City ecretary
City of Nederland, Texas
Homer E. Nagel, Mayor
City of Nederland, Texas
LJ
CITY OF NEDERLAND
' RESOLUTION 2000 -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS
COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR
THE COMMUNITY DEVELOPMENT PROJECT FUND; AND
AUTHORIZING THE MAYOR TO ACT AS THE CITY'S CHIEF
EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL
MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE
COMMUNITY DEVELOPMENT PROGRAM.
WHEREAS, the City Council of the City of Nederland desires to develop a viable urban
community, including decent housing and a suitable living environment and expanding economic
opportunities, principally for persons of low /moderate income; and
WHEREAS, certain conditions exist which represent a threat to the public health and safety;
and
WHEREAS, it is necessary and in the best interest of the City of Nederland to apply for
funding under the 2001/2002 Texas Community Development Program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
1. That a Texas Community Development Program application for the Community
Development Fund is hereby authorized to be filed on behalf of the City with the
Texas Department of Housing and Community Affairs.
2. That the City's application be placed in competition for funding under the Community
Development Fund.
' 3. That the application be for $208,000.00 of grant funds to carry out Water and
Sewer Improvements in the Atlanta /Chicago Area Neighborhood.
4. That the City Council directs and designates the Mayor as the City's Chief Executive
Officer and Authorized Representative to act in all matters in connection with the
application and the City's participation in the Texas Community Development
Program.
5. That it further be stated that the City of Nederland is committing $41,864.00 from
its Local fund as a cash contribution toward the project activities of this Water and
Sewer Improvements Project and $0.00 in -kind services.
6. That the City Council following approved procurement procedures awarded
Professional Engineering Services Contract to d.p. Consulting Engineers, Inc. and
Administrative Services Contract to David J. Waxman, Inc.
PASSED AND APPROVED this IZ�j day of 4a 2000.
' Homer E. Nagel, Mayor L%
City of Nederland, Texas
ATTEST: 7
EaDonna Floyd,, City ret ry
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
'Richard D. Hughes, City A&rney
City of Nederland, Texas
113
114
AN AMENDMENT TO ORDINANCE #333
AN ORDINANCE SETTING FORTH RULES AND
REGULATIONS TO IMPROVE PUBLIC SAFETY BY
PROMOTING THE CONTROL OF FIRE HAZARDS;
REGULATING THE INSTALLATION, USE AND
MAINTENANCE OF EQUIPMENT; REGULATING THE USE
OF STRUCTURES, PREMISES, AND OPEN AREAS IN THE
CITY OF NEDERLAND, TEXAS; PROVIDING FOR THE
ABATEMENT OF FIRE HAZARDS; ESTABLISHING THE
RESPONSIBILITIES AND PROCEDURES FOR
ENFORCEMENT; SETTING FORTH STANDARDS FOR
COMPLIANCE; PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND:
Section 1
That the 1999 edition of the Standard Fire Prevention Code promulgated by the Southern
Building Code Congress International, Inc. save and except such portions as are hereinafter deleted,
modified or amended, is hereby adopted and incorporated as fully as iffully herein and from the date
on which this ordinance shall take effect and the provisions thereof, as modified or amended herein
shall be controlling in fire prevention and protection within the corporate limits of the City of
Nederland, Texas.
Section 2
Amendments, additions and deletions
The following amendments, additions and deletions to and from the Standard Fire Prevention
Code adopted herein and hereby made and adopted, such amendments, additions and deletions being
set forth herein being identified by and prefaced by appropriate section number of the Standard Fire
Prevention Code:
Chapter I
Delete Section 102.3 and replace with:
102.3.1 - Every person owning, in charge or control of, any vacant or burned out structure
shall remove therefrom all accumulations of flammable or combustible waste or rubbish and shall
securely lock, barricade, or otherwise secure all doors, windows, and other openings thereof. The
premises shall be kept clear of any waste, weeds and grass, or hazardous materials.
102.3.2 - If a structure becomes a health hamrd due to fire, deterioration, or other reasons,
the owner shall have sixty (60) days after being notified by the fire official to bring the structure to
a condition that complies with this ordinance and all other ordinances of the City of Nederland, or
to demolish the structure and remove all trash and debris from the property site. If the owner does
not comply within the specified time, the City will clean the site and place liens on the property as
necessary.
102.3.3 - If this is not done by the owner within the prescribed time, the owner shall be
subject to fines and penalties as set out herein.
I7I
Lj
115
102.3.4 - In addition to fines and penalties, the City Council shall have the authority to have
' the structure removed with all debris and trash from the property and all costs therefore shall be
taxed against the owner of the property and a liens be placed against the property in accordance with
the laws of the State of Texas.
Chapter 5
Add following 502.6.2:
502.6.3 - It shall be unlawful for any student through 12" grade, or any person under the
age of eighteen (18), to possess any matches, cigarette lighters, or any other open flame producing
appliance while on a public or private school property, or any property being used for school function
or activity.
EXCEPTION: It shall be an exception to this section that the student was directed and /or
authorized by a school teacher or member of the administrative staff to operate an open flame
producing appliance.
Chapter 6
Add following 602.5.3
602.5.4 - For all buildings protected by an automatic sprinkler system or standpipe system
with the fire department connection exposed to potential vandalism, the fire official may require that
a lire department connection security cap(s) be installed. The caps shall be ofa type approved by the
fire official.
' Chapter 8
Add following 802.5.8:
802.5.9 - All enclosed stairwells of buildings, other than single family residential more than
one story in height, shall have affixed to the doorway leading into each level, a reflective (Scotchlite
or equal) placard or sign meeting the fire official's approval mounted at a height of twenty -four (24)
inches above floor level. The placard shall be a red reflective circle six (6) inches in diameter with
the floor designation numeral being white reflective three (3) inches high, flanked by white
reflective "1'" and "D" one and one -half inches high.
Chapter 9
Delete section 902.2.1 and replace with:
902.2.1 - The aboveground tank storage of flammable liquids in residential areas is
prohibited. Tank storage of combustible liquids in residential areas shall require the approval of the
fire official.
Delete section 902.4.4 and replace with:
902.4.4 - The underground tank storage of flammable and combustible liquids in residential
areas shall require the approval of the fire official.
Chanter 22
Amend 2201.3.2.1 requirement 5 to read:
' Any person ,firm or corporation responsible for any unauthorized discharge shall institute
and complete all actions necessary to remedy the effects of such unauthorized discharge, whether
sudden or gradual, at no cost to thejurisdiction. When deemed necessary by the fire official, cleanup
I I r,
may be initiated by the fire department or by an authorized individual or firm. All costs associated
with such cleanup shall be borne by the owner, operator or other person responsible for the
unauthorized discharge. That the eminent potential for a discharge, leak, release or spill, as
determined in the reasonable judgement of the fire official of the City of Nederland or his /her
designee, the owner and/or carrier shall be responsible for all cost, to include standby cost, incurred
by any City of Nederland department due lO tilt threat or tile release oC a hazardous substance.
Appendix A
Delete section A 10 1.2.3 and replace with:
A 101.2 .3 - The fire official of the City of Nederland or such assistant(s) as appointed by
him /her shall perform the duties Of the lire 0I'116 11 in this code and the lire official shall enforce the
provisions of this code and all state laws under his /her jurisdiction pertaining to the prevention,
suppression, orextinguishment offires. The fire official and his/herappointed assistant(s) shall have
the po%\er ofa peace officer in performing their duties under this COLIC.
Delete section A104 and replace with:
A104 - This code may contradict or restrict present practices of the inhabitants of the City
ofNederland, Texas, and particularly the present practices ofheavy industry which may be annexed
in the future. These nonconforming practices may be permitted i f they comply with good engineering
practices and current codes and standards, i.e., OSHA, ASME, ANSI, etc.. Request for variances on
the provisions of this code shall be decided by the Construction Board of Appeals..
Delete section A105 and replace with:
A105 - Any person, firm, corporation, or agent who shall violate a provision of this code,
or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a
'
misdemeanor. Each such person shall be deemed guilty ofa separate offense for each and every day
or portion thereof during which any violation of any of the provisions of this code is committed or
continued and upon conviction of any such violation such person shall be punished by a fine of not
less than Fifty Dollars (550.00) or more than Two Thousand Dollars ($2000.00)
Section 3
Severability Clause: If any violation of this Ordinance or the application thereof to any
person or circumstances is held invalid, the remainder ofthis Ordinance and the application of such
provisions to other persons or circumstances shall not be affected thereby.
Repealing Clause: All ordinances or parts of ordinances in conflict with this Code are
hereby repealed.
When Effective: 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, on this
the 4l day of A. D. , 2000.
�/ n
ATTEST: Homer Nagel, Mayor e
LaDonna Floyd, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Richard Hughes, City A mcy
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
CALL TO ORDER
July 10, 2000
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to approve the minutes of the June 26, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None.
Absent: Councilman Sawyer.
3. REQUEST
Andre' Wimer, City Manager, explained that the request by Johnny Powell,
1404 South 23rd Street, regarding the placement of his fence on City right -of-
way was placed on the agenda in order for Council to make a final
determination. Mr. Wimer reminded Council that Mr. Powell had failed to obtain
a permit to construct his fence and it was later determined that it enclosed a
portion of the City's property at Doornbos Park. Mr. Powell feels that he should
be able to leave his fence there because several of his neighbors also have
fenced in the right -of -way. Mayor Nagel stated that several years ago the City
issued a License to Encroach to another citizen and feels this would be the best
solution to Mr. Powell's request. He also suggested that a license be issued to
the other residents who have fenced in the right -of -way. Mayor Nagel added
that the License to Encroach would provide a record that showed that the right -
of -way is City property in the event that the City would need to utilize the
property sometime in the future.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize the City to conduct a survey of the right -of -way along the entrance
road to Doornbos Park and to issue a License to Encroach to Johnny Powell and
all other homeowners who have fenced in the right -of -way. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None.
Absent: Councilman Sawyer.
11 7
11 s Minutes continued, July 10, 2000
4. PRESENTATION
Carolyn Motl, Entergy, thanked the City for their continued support of the Team ,
City program. She then introduced Richard Cox, Chairman Team City -
Nederland. Mr. Cox also thanked the Mayor and Council and City staff for their
support. He introduced all the members of the Team City - Nederland committee
and thanked them and Entergy for making this endeavor so successful. Mayor
Nagel then thanked Ms. Motl and Mr. Cox and the entire Team City for the job
that they have done to promote Nederland. Ms. Motl presented a plaque to
Mayor Nagel redesignating Nederland as a Team City.
A motion was made by Mayor Nagel and seconded by Councilman Clayton to
continue to participate in the Team City program. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None.
Absent: Councilman Sawyer.
5. WATER AND SEWER - CONSUMER CONFIDENCE REPORT
Andre' Wimer, City Manager, stated that the annual Consumer Confidence
Report as mandated by the Environmental Protection Agency was mailed to all
citizens on June 26 ' and as part of the process we are required to receive
citizen comments relative to the report. Mr. Wimer added that the City has ,
maintained a "Superior" rating on our water system. Approximately three
citizens were in attendance to ask whether the City's water was safe for
consumption. Robert Sangster, Water Treatment Plant Supervisor, briefly
reviewed the Report and added that the City has received the highest possible
rating of "Superior ". He informed the Council and citizens that new signs will
be posted at the City limits with the designation.
6. BIDS /PROPOSALS
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize the advertisement of bids for library furniture to be received Thursday,
August 2, 2000 at 2:00 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None.
Absent: Councilman Sawyer.
7. PAYMENTS
A motion was made by Mayor Nagel and seconded by Councilman Clayton to
authorize payment of the bills for the month of June, 2000. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None.
Absent: Councilman Sawyer.
Minutes continued, July 10, 2000
EXECUTIVE SESSION
The regular meeting was recessed at 3:35 p.m. by Mayor Nagel for the purpose
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.074, consider grievance of Kent Broussard; Chapter 551.072,
discuss acquisition, exchange, sale, and /or release of property; and, Chapter
551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy
Services, Inc.; consultation with City Attorney regarding Norman Highway
Constructors, Inc.; and, possible litigation against KSA Engineers, Inc. regarding
the Water Treatment Plant.
9. RECONVENE
The regular meeting was reconvened at 4:10 p.m. by Mayor Nagel. He
announced that all items, except the grievance of Kent Broussard, were for
informational purposes only.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve the grievance of Kent Broussard and to apply the same guidelines to
any other applicable employees. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None.
Absent: Councilman Sawyer.
10. RECESS AND RECONVENE
Mayor Nagel called for a recess at 4:10 p.m. The regular meeting was
reconvened at 4:25 p.m. by Mayor Nagel.
11. BUDGET
Andre' Wimer, City Manager, gave a brief overview of the proposed 2000 -2001
budget and announced that the Public Hearing will be held at 7:00 p.m., July
24'. The combined funds for FY 00 -01 total $20,273,783, with the proposed
tax rate of $.65 per $100 of assessed valuation. Mr. Wimer reviewed the
significant changes in the General Fund budget which include the creation of the
Emergency Management Department which will account for costs associated
with expenditures related to emergency management activiites; $10,000 for
replacement of a copier in City Hall; $2,000 to refinish the gymnasium floor at
the Recreation Center; and, reallocation of funds in the amount of 5194,020
from reserve funds to the Equipment Replacement Fund in order to increase
fund balance and provide sufficient revenues for the purchase of the 1500 GPM
pumper for the Fire Department.
113
120 Minutes continued, July 10, 2000
Mr. Wimer also reviewed the significant changes in the remaining funds. In the
Water and Sewer Fund $20,000 has been included in order to comply with
upcoming water testing requirements and $15,000 has been allocated towards '
the use of part -time staff to enter data into the City's geographical information
system data base. In the Solid Waste Fund revenues reflect a decrease of
$21,905 due to a reduction in rates to be effective April 1, 2001. The
recycling contract will expire on March 1, 2001 and it has been recommended
that it not be renewed. Capital Outlay Fund includes $25,000 to renovate the
Service Center; $35,000 for the inspection and potential repair of the Canal
Avenue elevated storage tank; and, $145,000 for street improvements. Mr.
Wimer stated that the Nederland Economic Development Corporation has a
proposed budget of $5,827,990. Contributions from the cities of Nederland,
Port Neches, and Groves for the MCML Central Dispatch Fund are based upon
$.74 per capita; the current year rate is $.69 per capita. Total debt service
requirements for FY 00 -01 total $1,659,328.
With regard to personnel issues Mr. Wimer added that the budget includes a
three percent (3 %) cost of living increase for employees, including the Municipal
Judge. Mr. Wimer concluded by reporting that the proposed budget attempts
to maintain sufficient levels of reserve funds, while allocating estimated
revenues for operational expenses.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve Resolution 2000-11, submitting the City of Nederland Annual Budget
for the fiscal year beginning October 1, 2000 and ending September 30, 2001,
and calling for a Public Hearing to be held July 24, 2000 for the purpose of
discussing the proposed budget as per Article VII of the City Charter. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None.
Absent: Councilman Sawyer.
12. CAPITAL IMPROVEMENT PROGRAM
Andre' Wimer, City Manager, reviewed the proposed Five Year Capital
Improvement Program for the years 2001 -2005 which identifies capital
expenditures /projects totaling $14,214,350. He added that the CIP is intended
to act as a guide for future capital expenditures and provide a freamework for
identifying capital requirements, scheduling projects, coordinating selected
projects, and identifying fiscal impacts. He reviewed each category of the CIP
which included Water Treatment and Storage, Water Distribution System,
Wastewater Treatment, Wastewater Collection System, Street Improvements,
and Facility Improvements.
1
I �
Minutes continued, July 10, 2000
13. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that Nick Lampson recently informed him
that the City of Nederland has been awarded federal grand funding in the
amount of $1,065 for the purchase of five (5) bulletproof vests. He also
reported that Excavators and Constructors, Inc. should begin work on the
Nederland Avenue project this week.
Mayor Nagel reported that he attended the Jefferson County Commissioners'
meeting today and they appointed Mr. Sherman to the Navigation District. He
added that they also discussed the proposed traffic signal at the intersection of
18 ' and Spurlock. Mayor Nagel informed the Commissioners that Nederland
would be happy to fund the electricity for the signal if the County would agree
to release the City from any liabilities.
14. ADJOURNMENT
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
adjourn the meeting at 5:40 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None.
Absent: Councilman Sawyer.
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
komer E. Nagel, Mayor
City of Nederland, Texas
J r
121
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
Joe Clayton
Council Member - Ward 2
t/
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
/
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
LIZ
Cheryl Dowden
City Treasurer
/
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
Mayor
City Secretary
-i
Date
E
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
' CITY OF NEDERLAND
6:00 p.m. July 24, 2000
CALL TO ORDER
The regular meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel
at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas.
See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to approve the minutes of the July 10, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
' 3. PROPERTY - LICENSE TO ENCROACH
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to approve Resolution 2000 -12, authorizing a License to Encroach at
210 Knights Row and authorize the City Manager to sign the document.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
4. FINANCES - INVESTMENT REPORTS
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
accept the Quarterly Investment Reports (see attached) for the quarter ending
March 31, 2000 and June 30, 2000, as presented by Cheryl Dowden, City
Treasurer. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
r
123
121 Minutes continued, July 24, 2000
5. CONTRACTS /AGREEMENTS
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to '
approve a contract with the Texas Department of Transportation for the Boston
Avenue Landscaping and Beautification Project, contingent upon TxDOT
approving the recommended changes of d.p. Consulting Engineers, Inc.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
BIDS /PROPOSALS
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to postpone award of bid for the construction of the Wastewater
Treatment Plant. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to award bids received for the west annexation water and sewer lines
to Hart Construction, Inc., Beaumont, TX, in the amount of $1,403,274.25.
MOTION CARRIED. '
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
7. APPOINTMENTS
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
appoint Jackie Miller, Bob Smith, Mike Spell, and Bill Wills to a 2 -year term to
the Construction Board of Appeals beginning August 10, 2000 and ending June
30, 2002; and Danny Delahoussaye as the alternate for a 1 -year term beginning
August 10, 2000 and ending June 30, 2001. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
8. PAYMENTS
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
authorize payment to H. B. Neild & Sons, Inc. in the amount of $10,382.00,
Fire Station alterations to apparatus bay, and $6,253.00, final payment, Fire
Station alterations to apparatus bay, contingent upon the contractor furnishing
two (2) additional seals to be used for the overhead door. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
Minutes continued, July 24, 2000
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize payment to Kinsel Industries, Inc. in the amount of $7,113.42,
' influent lift station. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
authorize payment to Fugro South, Inc. in the amount of $5,392.50, west
annexation area geotechnical study; and $1,976.75, Year 2 collection system
rehabilitation geotechnical study. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to authorize payment to d.p. Consulting Engineers, Inc. in the amount
of $5,370.65, upper Main "C" drainage improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
9. RECESS
Mayor Nagel called for a recess at 6:43 p.m.
10. RECONVENE
The regular meeting was reconvened at 7:00 p.m. by Mayor Nagel.
11. FINANCE - PUBLIC HEARING
The regular meeting was recessed and a Public Hearing was called to order at
7:01 p.m. for the purpose of receiving questions and /or comments regarding the
proposed City of Nederland Fiscal Year 2000 -2001 budget.
Andre' Wimer, City Manager, briefly reviewed the budget, outlining each fund
and the major expenditures of each. He reminded Council that the recycling
contract between the City and BFI will not be renewed upon its expiration
March 1, 2001.
There being no questions and /or comments the Public Hearing was adjourned
and the regular meeting was reconvened at 7:20 p.m. by Mayor Nagel.
12-a
7 Minutes continued, July 24, 2000
12. CAPITAL IMPROVEMENT PROGRAM
Andre' Wimer, City Manager, briefly reviewed the Five Year Capital I
Improvement Program.
13. EXECUTIVE SESSION
The regular meeting was recessed at 7:27 p.m. by Mayor Nagel for the purpose
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.072, discuss acquisition, exchange, sale, and /or release of
property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States,
Entergy, Inc. and Entergy Services, Inc.; consultation with City Attorney
regarding Norman Highway Constructors, Inc.; and possible litigation against
KSA Engineers, Inc. and ALLCO, Inc. regarding the Water Treatment Plant.
14. RECONVENE
The regular meeting was reconvened at 7:47 p.m. by Mayor Nagel. He
announced that the Executive Session was held for informational purposes only.
15. OFFICIALS' COMMENTS I
Andre' Wimer, City Manager, presented Council with a copy of correspondence
received from Texas Cities Coalition on Stormwater regarding comments on
TNRCC's proposed general permit rule. Mr. Wimer reported on a request from
PFM, Inc.regarding the possibility of conducting seismic testing of the City -
owned 1,100 acres located near the old landfill site. He added that he has
concerns regarding this procedure, and the City Attorney is reviewing the
request. The City Manager also reported that d.p. Consulting Engineers, Inc.
is conducting survey work for the fence encroachments at Doornbos Park.
Mayor Nagel reported that the City has been contacted by Sam Parigi, Parigi
Property Management, Ltd. concerning their sign that was removed by the City
at the corner of 27 ' Street and Avenue H. It appears that the sign was located
in a city easement and due to the recent improvements to this intersection it
was removed. Mayor Nagel suggested that the City offer to pay half of the
reinstallation fee in an amount not to exceed $1,000. He instructed staff to
place this item on the next agenda for consideration.
Mayor Nagel also suggested that the Council delay any action on the recent
salary survey for several months due to the closing of WalMart. I
Minutes continued, July 24, 2000
Mayor Nagel informed the Council that appointments to the Charter Review
Committee will be made at the August 14 " meeting and asked that each be
prepared to appoint two members.
16. ADJOURNMENT
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
adjourn the meeting at 8:00 p.m.
ATTEST:
LaDonna Floyd, City Secretary
' City of Nederland, Texas
1
Homer E. Nagel, Mayor
City of Nederland, Texas
127
I
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
Joe Clayton
Council Member - Ward 2
/
Mike Radcliff
Council Member - Ward 3
/
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
LKelly Gallows
Assistant to the City Manager I
,
�or J
City Secretary
,,q,
Date
p
- - a� - -�� L• iii IT I Robert Sawyer, Mayor Pro tem
Joe Clayton, Councilman
CZ ty Mike Radcliff, Councilman
of Nederland
R. A. "Dick" Nugent, Councilman
Andr6 Wimer, City Manager
P.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -1550
Investment Report
For the Quarter Ending March 31, 2000
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
' Andre' Wimer, City Manager
1
Cheryl wden, City Treasurer
'Programmed for Progress,,
129
130
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending March 31, 2000
Investments at Beginning of Period (1 -1 -00)
Purchases
Maturities
Investments at End of Period (3- 31 -00)
Maturity Summary at March 31, 2000
$18,093,322.18
16,193,40022
15,940,145.23
$18,346,577.17
M Less than 3 months
El 3 to 6 months
M 7 to 9 months
1
1
1
1
1
1
City, of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending March 31, 2000
General Fund
Library Fund
Water & Sewer Fund
Motel Occupancy Tax Fund
Solid Waste Fund
Capital Outlay Fund
CDBG #716591
Police Narcotics Fund
SRF Escrow Fund
MCML Dispatch
Equipment Replacement Fund
Economic Development Fund
Parks & Recreation Special Fund
Bond Redemption Fund
Balance C Balance @
1 -1 -00 Purchases Maturities 3 -31 -00
1,964,464.11 2.028,339.43 1,000,000.00 2,992,803.54
93,198.60 11,200.23 10,000.00 94,398.83
2,144,544.49 724,445.57 700,000.00 2,168,990.06
8,936.95 128.92 9,065.87
83,738.24 1,208.02 84,946.26
555,102.37 8,007.93 563,110.30
0.00 200,000.00 100,000.00 100,000.00
34,555.53 498.49 35,054.02
10,701,015.83 107918,016.99 11,730,145.23 9,888,887.59
547.73 7.91 555.64
3,865.63 55.76 3,921.39
2,400,000.00 2.300,000.00 2,400,000.00 2,300,000.00
18.92 0.28 19.20
103,33178 1,490.69 104,824.47
18,093,322.18 16.193,400.22 15.940,145.23 18,346,577.17
13.1
-.,.y - 11 ,uc1 aauu
Investment Report Schedule
1 3`? Investments for the Quarter ended March 31, 2000
CERTIFICATES OF DEPOSIT
Interest
Earned for
Quarter ended
Certificate Purchase Maturity Interest March 31,
Number Date Date Days to be held state Face Amount 2000
Maturing during quarter ended March 31, 2000
97710
12/03/99
01/04/00
32
4.3800%
250,000.00
123.09
585648
12/04/99
01105100
32
4.7500%
986,581.50
641.95
97715
12/28/99
01/29/00
32
5.0600%
200,000.00
804.05
97716
12/28/99
01/29/00
32
5.0600%
1,000,000.00
4,199.34
97718
12/28/99
01/29/00
32
5.0600%
100,000.00
419.94
97720
12/29/99
01/30/00
32
4.9300%
300,000.00
1,243.40
97722
12/29/99
01/30/00
32
4.9300%
1,000,000.00
4,144.67
97721
12/29/99
01/30/00
32
4.9300%
1,000,000.00
4,144.67
97614
08/10/99
02/06/00
180
4.8900%
10,000.00
200.29
698904
01/05/00
02/04/00
30
4.8400%
986,581.50
3,924.71
97728
01105100
02/06/00
32
4.8000%
250,000.00
1,076.75
97691
11/12/99
02/10/00
90
5.0000%
2,790,000.00
15,811.36
97764
02/08/00
03/09/00
30
5.1400%
1,000,000.00
4,213.11
97765
02/08/00
03/09/00
30
5.1400%
1,000,000.00
4,213.11
97763
02/08/00
03/09/00
30
5.1400%
100,000.00
421.31
Interest Earnings on Matured CDs for quarter ended March 31, 2000 45,581.75
Held at March 31, 2000
97762
02/08/00
04/08/00
60
5.2200%
1,054,000.00
7,838.29
97794
03/09/00
04/10/00
32
5.1900%
1,000,000.00
3,128.22
97793
03/09100
04/10/00
32
5.1900%
100,000.00
312.82
97756
01/29/00
04/28/00
90
5.4100%
200,000.00
1,837.92
97757
01/31/00
04/30/00
90
5.4700%
1,000,000.00
8,991.78
97758
01/31/00
07/29/00
180
5.5900%
1,000,000.00
9,189.04
97759
01/31/00
07/29/00
180
5.5900%
300,000.00
2,756.71
97761
02/07/00
08/05/00
180
5.6600%
250,000.00
2,054.66
97769
02/10/00
08/08/00
180
5.6300%
2,824,538.76
21,783.77
97760
02/07/00
01/02/01
330
5.8100%
10,000.00
84.36
Interest Earnings on CDs held at March 31, 2000
Total Certificates of Deposit held at March 31, 2000
57,738,538.76
57,977.57
1
1
1 7 1
—..,, .,.................
Investment Report Schedule
Investments for the Quarter ended March 31, 2000
INVESTMENT POOL - TEXPOOL
General Fund
Water & Sewer
Parks & Rea Fund
Bond Redemp.
Capital Outlay Fund
Motel Occupancy
Library Special
Solid Waste Fund
SRF Construction Fund
MCML Dispatch
Equipment Replacement Fund
Police Narcotic Fund
Period Held
01 /01 /00
03/31/00
01 /01 /00
03/31/00
01 /01 /00
03/31/00
01 /01 /00
03/31/00
01 /01 /00
03/31/00
01 /01 /00
03/31/00
01 /01 /00
03/31/00
01/01/00
03/31/00
01/01/00
03/31/00
01 /01 /00
03/31/00
01 /01 /00
03/31/00
01 /01 /00
03/31/00
Totals for TEXPOOL Investments
1
1
Days to
Maturity
1
1
1
1
1
1
1
1
1
1
1
1
Average
Interest
Rate
5.76%
5.76%
5.76%
5.76%
5.76%
5.76%
5.76%
5.76%
5.76%
5.76%
5.76%
5.76%
Market
Principal
1,964,464.11
1,694,544.49
18.92
103,333.78
555,102.37
8,936.95
83,198.60
83,738.24
948,511.36
547.73
3,865.63
34,555.53
Interest
Earned
28,339.43
24,445.57
0.28
1,490.69
8,007.93
128.92
1,200.23
1,208.02
13,683.26
7.91
55.76
498.49
133
Book Value
1,992;803.54
1,718,9?0.06
1 9.20
104,824.47
563,1 0.30
9,065.87
84,:98.83
84,9 +6.26
962,194.62
555.64
3,921.39
35,054.02
$5,480 ,817.71 $79,066.49 $5,559,884.20
t-iry oz neaeriana
134
Investment Report Schedule
Investments for the Quarter ended March 31, 2000
GOVERNMENT SECURITIES
Discount Note Maturities
'
Average
Interest
Interest Earned in
Days
Interest
Principal Earned Prior
Quarter Ended
Market
Holding Period Held
Rate
Invested Periods
March 31, 2000
Principal
08/24/99 02/17/00 177
5.624%
1,017,255.25 19,771.40
7,973.35
1,045,000.00
09/24/99 03/21/00 179
5.705%
1,435,396.25 20,841.75
18,762.00
1,475,000.00
Discount Notes held at March 31,
2000
Average
Interest
Interest Earned in
Days to
Interest
Principal Earned Prior
Quarter Ended
Market
Holding Period Be Held
Rate
Invested Periods
March 31, 2000
Principal
01/06/00 10/18/00 286
5.780%
2,480,610.89
30,989.11
2,511,600.00
02/18/00 11 /10 /00 266
5.900%
1,042,482.06
7,166.14
1,049,648.20
03/22/00 03/31/01 375
4.875%
1,437,324.32
775.68
1,438,100.00
4,960,417.27 0.00
38,930.93
4,999,348.20
U.S. Treasury Money Market
01 /01 /00 03/31/00 1
5.113%
48,806.01
6,564.96
48,806.01
Total Interest Earned
in Quarter Ended March 31, 2000
572431.24
Government Securities Held at March
31, 2000
5,048,154.2
1
1
1
airy oz iveaeriana
Investment Report Schedule
March 31, 2000
Interest Earnings for Quarter Ended March 31, 2000
Bond Redemption Fund
Capital Outlay
CDBG #716591
Equipment Replacement Funds
General Fund
Library Fund
MCML Dispatch
Motel Occupancy Tax Fund
Nederland Economic Development
Parks & Recreation Special Fund
Police Narcotic Account
Solid Waste Fund
SRF Escrow & Construction Funds
Water Fund
1,490.69
8,007.93
734.13
55.76
35,680.76
1,484.88
7.91
128.92
30,890.21
0.28
498.49
1,208.02
144,327.03
30,342.04
$254,857.05
135
13f;
ei .eyes. R.dj Jr
Robert Sawyer, Mayor Pro to
Joe Clayton. Ccunciiman
City of Nederland Mike Radcliff. Counc ir-an
R. A. "Dick" Nugent Council^ an
Andre Wimer, Cty Mana_;er
P.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -15-
Investment Report
For the Quarter Ending June 30, 2000
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
Z.
Andre' Wimer, City Manager
Cheryl D wden, City Treasurer
1
'Programmed for Progress"
1
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending June 30, 2000
Investments at Beginning of Period (3 -1 -00)
Purchases
Maturities
Investments at End of Period (6- 30 -00)
Maturity Summary at June 30, 2000
$18,346,577.17
7,549,665.74
7,485,380.46
$18,410,862.45
f® Less than 3 months
o 3 to 6 months
= 7 to 9 months
13q
General Fund
Library Fund
Water & Sewer Fund
Motel Occupancy Tax Fund
Solid Waste Fund
Capital Outlay Fund
CDBG #716591
Police Narcotics Fund
SRF Escrow Fund
MCML Dispatch
Equipment Replacement Fund
Economic Development Fund
Parks & Recreation Special Fund
Bond Redemption Fund
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending June 30, 2000
Balance @
Balance
3 -1 -00
Purchases
Maturities
6 -30 -00
2,992,803.54
3,031,202.96
3,000,000.00
37024,006.50
94,398.83
1,321.50
95,720.33
2,168,990.06
226,915.63
200,000.00
2,195,905.69
9,065.87
141.95
9,207.82
84,946.26
1,330.08
86,276.34
563,110.30
8,817.07
571,927.37
100,000.00
100,000.00
0.00
35,054.02
548.87
35,602.89
9,888,887.59
3,277,675.96
3,185,380.46
9,981,183.09
555.64
8.70
564.34
3,921.39
61.40
3,982.79
2,300,000.00
1,000,000.00
1,000,000.00
2,300,000.00
19.20
0.30
19.50
104,824.47
1,641.32
106,465.79
18 346 577.17
7,549,665.74
7 485 380.46
18 410 862.45
Fund Allocation at June 30, 2000
(12.5 %) Economic Developr # c ... a
(3.1 %) Capital Outlay Fun
(1.3 %) Other
(11.9 %) Water 8 Sewer Fund
(54.2 %) SRF Escrow Fund
6.4 %) General Fund
(0.6 %) Bond Redemption Fund
1
1
F--�
%-Ity ut vwuciiauu
Investment Report Schedule 139
Investments for the Quarter ended June 30, 2000
CERTIFICATES OF DEPOSIT
Interest Earned
for Quarter
Certificate Purchase Maturity Interest ended June 30,
Number Date Date Days to be held Rate Face Amount 2000
Maturing during quarter ended June 30, 2000
Held at June 30, 2000
97762
02/08/00
04/08/00
60
5.22%
1,054,000.00
1,200.46
97794
03/09/00
04/10/00
32
5.19%
1,000,000.00
1,421.92
97793
03/09/00
04/10/00
32
5.190.0
100,000.00
142.19
97756
01/29/00
04/28/00
90
5.410/;
200,000.00
804.72
97757
01/31/00
04/30/00
90
5.47%
1,000,000.00
4,067.11
97804
04/08/00
05/10/00
32
5.690/;
1,063,038.75
5,302.96
97803
04/10/00
05/12/00
32
5.80%
1,000,000.00
5,084.93
97822
05/10/00
06/11/00
32
5.50%
1,068,341.71
5,284.56
97818
05/12/00
06/13/00
32
5.47%
1,000,000.00
4,795.62
Interest Earnings on Matured CDs for quarter ended June 30, 2000 28,104.47
Interest Earnings on CDs held at June 30, 2000
Total Certificates of Deposit held at June 30, 2000 $7,658,165.03
'l
78,051.94
Held at June 30, 2000
97839
06/16/00
07/14/00
32
5.18%
1,073,626.27
2,133.13
97841
97815
06116100
04/27/00
07/15/00
07/26/00
32
90
5.08%
6.00%
1,000,000.00
1,000,000.00
1,948.49
10,520.55
97758
01/31/00
07/29/00
180
5.5900 /
1,000,000.00
13,936.71
97759
01/31/00
07/29/00
180
5.590,;
300,000.00
4,181.01
97761
02/07/00
08/05/00
180
5.66%
250,000.00
3,527.81
97769
02/10/00
08/08/00
180
5.63%
2,824,538.76
39,646.46
97814
04/27/00
10/24/00
180
5.74%
200,000.00
2,012.93
97760
02/07/00
01/02/01
330
5.81%
10,000.00
144.85
Interest Earnings on CDs held at June 30, 2000
Total Certificates of Deposit held at June 30, 2000 $7,658,165.03
'l
78,051.94
Totals for TEXPOOL Investments S5,559,884.20 S87,055.65 55,646,939.85
1
1
Investment Report Schedule
ii
Investments for the
Quarter ended June
30, 2000
INVESTMENT POOL -
TEXPOOL
Average
Days to
Interest
Market
Interest
Period Held
Maturity
Rate
Principal
Earned
Book Value
General Fund
04/01/00
06/30/00
1
6.25%
1,992,803.54
31,202.96
2,024,006.50
Water & Sewer
04/01/00
06/30/00
1
6.25%
1,718,990.06
26,915.63
1,745,905.69
Parks & Rec. Fund
04/01/00
06/30/00
1
6.25%
19.20
0.30
19.50
Bond Redemp.
04/01/00
06/30/00
1
6.25%
104,824.47
1,641.32
106,465.79
Capital Outlay Fund
04/01/00
06/30/00
1
6.25%
563,110.30
8,817.07
571,927.37
Motel Occupancy
04/01/00
06/30/00
1
6.25%
9,065.87
141.95
9,207.82
Library Special
04/01/00
06/30/00
1
6.25%
84,398.83
1,321.50
85,720.33
Solid Waste Fund
04/01/00
06/30/00
1
6.25%
84,946.26
1,330.08
86,276.34
SRF Construction Fund
04/01/00
06/30/00
1
6.25%
962,194.62
15,065.87
977,260.49
MCML Dispatch
04/01/00
06/30/00
1
6.25%
555.64
8.70
564.34
Equipment Replacement Fund.
04/01/00
06/30/00
1
6.25%
3,921.39
61.40
3,982.79
Police Narcotic Fund
04101/00
06/30/00
1
6.25%
35,054.02
548.87
35,602.89
Totals for TEXPOOL Investments S5,559,884.20 S87,055.65 55,646,939.85
1
1
%-Ity vl I'mut:lla"U
Investment Report Schedule
141
Investments for the Quarter ended June 30, 2000
GOVERNMENT SECURITIES
Discount Notes &Treasury Note held at June 30, 2000
Average Interest
Interest Earned in
Days to Interest Principal Earned Prior
Quarter Ended
Market
Holding Period Be Held Rate Invested Periods
June 30, 2000
Principal
01/06/00 10/18/00 286 5.780% 2,480,610.89 30,989.11
37,960.00
2,549,560.00
02/18/00 11/10/00 266 5.900% 1,042,482.06 7,166.14
14,889.40
1,064,537.60
03/22/00 03/31/01 375 4.875% 1,437,324.32 775.68
4,102.60
1,442,202.60
4,960,417.27 38,930.93
56,952.00
5,056,300.20
U.S. Treasury Money Market
04/01/00 06/30/00 1 5.113% 48,806.01
651.36
49,457.37
Total Interest Earned in Quarter Ended June 30, 2000
$57,603.36
Government Securities Held at June 30, 2000
$5,105,757.57
1
1
142
Investment Report Schedule
June 30, 2000
Interest Earnings for Quarter Ended June 30, 2000
Bond Redemption Fund
$1,641.32
Capital Outlay
8,817.07
Equipment Replacement Funds
203.59
General Fund
44,453.92
Library Fund
1,466.35
MCML Dispatch
8.70
Motel Occupancy Tax Fund
141.95
Nederland Economic Development
32,705.38
Parks & Recreation Special Fund
0.30
Police Narcotic Account
548.87
Solid Waste Fund
1,330.08
SRF Escrow & Construction Funds
126,236.80
Water Fund
33,261.09
$250,815.42
1
1
CITY OF NEDERLAND
RESOLUTION 2000 -12
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, JEFFERSON COUNTY, TEXAS,
AUTHORIZING THE EXECUTION OF A LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY OF
NEDERLAND AND KEVIN RAYMOND SMITH AND WIFE,
DEBORAH JEAN SMITH, REGARDING ENCROACHMENTS
ADJACENT TO LOT 19, BLOCK 1, KINGS COURT
ADDITION IN THE CITY OF NEDERLAND.
�n
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City Manager is hereby authorized and directed to exercise on behalf of
the City, a License to Encroach Agreement between the City of Nederland (Licensor) and
Kevin Raymond Smith and wife, Deborah Jean Smith, (Licensee) pertaining to
encroachments adjacent to Lot 19, Block 1, Kings Court Addition, a copy of said
Agreement being attached and made a part hereof.
PASSED AND APPROVED this the o1 `l day of 2000.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
'�&-"' 'y"'d -
aDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, Cit ttorney
City of Nederland, Texas
143
1411
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
3:00 p.m. August 14, 2000
1. CALL MEETING TO ORDER
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to approve the minutes of the July 24, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
3. PRESENTATION I
Marie Fleming presented copies of her book Celebrating Our First 100 Years in
Nederland to the Mayor and Council and city staff. The book is a compilation
of articles that Mrs. Fleming wrote during Nederland's centennial celebration.
She thanked the City for their support and for making Nederland a safe and
happy place for its citizens.
Mayor Nagel thanked Mr. and Mrs. Fleming for their hard work and dedication
to the community.
4. REQUESTS
Andre' Wimer, City Manager, explained that Clint Leone, 1311 South 15"'
Street, has requested that the City remove four trees from the alley behind his
house. Mr. Leone believes these trees are a potential hazard. Mr. Wimer added
that two of the trees are dead and could present a possible hazard, therefore,
he is recommending that these two trees be removed by the City.
r
Minutes continued, August 14, 2000
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
authorize the removal of two (2) dead trees from the alley behind 1311 South
15"' Street. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to approve the City's participation in the reinstallation of a sign for
Parigi Property Management, LTD on the corner of South 27 ' Street and
Avenue H in an amount not to exceed $1,000.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
5. BUDGET
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve Ordinance No. 2000 -09, an appropriation ordinance adopting a budget
in accordance with Article VII in the Charter of the City of Nederland. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
' 6. TAXATION
A motion was made by Councilman Clayton and seconded by Mayor Nagel to
approve Ordinance No. 2000 -10, adopting a tax rate of $.65 per $100 valuation
for the fiscal year beginning October 1, 2000 and ending September 30, 2001 .
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
7. CAPITAL IMPROVEMENT PROGRAM
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to approve the Five Year Capital Improvement Program. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
1
14J
' 4 G Minutes continued, August 14, 2000
8. SCHOOLS AND EDUCATION
A motion was made by Councilman Sawyer and seconded by Councilman ,
Clayton to authorize the Nederland Police Department to escort Nederland High
School buses to out of town football games. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
9. RESOLUTION
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to approve Resolution 2000 -13, authorizing the City Manager to extend
an offer for the acquisition of right -of -way for improvements to the intersection
of 27"' Street and Helena Avenue. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
10. CONTRACTS /AGREEMENTS
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to approve a contract with the Nederland Independent School District '
for the COPS in School Grant Program. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
approve an Interlocal Agreement with Jefferson County Drainage District No.
7 to allow the City of Nederland to take surplus fill dirt, clay, and sand at no
cost for public purposes including, but not limited to, road base and backfill
material. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
11. FINANCE - AUDIT
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
appoint Holliday, Lemons and Cox, P.C., Texarkana, TX, to perform the City's
audit for Fiscal Year 1999 -2000 in the amount of $26,500.00. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None. I
Minutes continued, August 14; 2000 147
12. EMPLOYEES /PERSONNEL - WAGE AND POSITION CLASSIFICATION PLAN
' A motion was made by Councilman Nugent and seconded by Mayor Nagel to
amend the Wage and Position Classification Plan to include certification pay in
the amount of $100 /month for the Animal Control Officer for Advanced
Certification, to be effective September 1, 2000. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
13. BIDS /PROPOSALS
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to award bids received for library furniture to International Library
Furniture, Keene, TX, in the amount of $8,007.29, and to waive the
requirement for bid bond. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
14. BOARDS AND COMMISSIONS
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
postpone appointment of individuals to a Charter Review Commission. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
15. PAYMENTS
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize payment to Schaumburg & Polk, Inc. as follows: $376.00, Gayle Lane
surveying; $22,275.28, 1999 -2000 collection system rehabilitation, Year 2;
$15,896.01, west annexation area water and sewer improvements; and,
$12,461.18, wastewater system improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
authorize final payment to Mike Barnett Construction in the amount of
$34,935.00, roof replacement at the Service Center and Senior Citizens Center.
MOTION CARRIED,
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
Minutes continued, August 14, 2000
All
A motion was made by Councilman Sawyer and seconded by Councilman
Radcliff to authorize payment to d.p. Consulting Engineers, Inc. as follows:
$9,167.11, Boston Avenue landscaping and beautification project, and ,
$12,847.52, Upper Main "C" drainage improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Councilman
Radcliff to authorize payment of the bills for the month of July. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
16. EXECUTIVE SESSION
The regular meeting was recessed at 3:52 p.m. by Mayor Nagel for the purpose
of conducting an Executive Session as authorized by Texas Government Code,
Chapter 551.072, discuss acquisition, exchange, sale, and /or release of
property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States,
Entergy, Inc. and Entergy Services, Inc.; consultation with City Attorney
regarding Norman Highway Constructors, Inc.; and, possible litigation against
KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant. I
17. RECONVENE
The regular meeting was reconvened at 4:13 p.m. by Mayor Nagel. He
announced that the Executive Session was held for informational purposes only.
18. BIDS /PROPOSALS
A motion was made by Councilman Nugent and seconded by Councilman
Sawyer to award bids received for construction of the Wastewater Treatment
Plant to ALLCO, Inc., Beaumont, TX, in the amount of $5,753,380.00.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
19. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the 2000 Nederland Summer ,
Recreation Program appeared to be a success. Enrollment was up 12% over
last year.
Minutes continued, August 14, 2000
Mr. Wimer also gave copies of documentation from Aspect Resources, LLC,
requesting permission to perform a seismic survey on City property. He also
' presented Council with cost estimates to replace the City's rolling stock over
the next 15 years.
Mayor Nagel reminded Council that last year the subject of requiring permits for
all commercial tree trimmers was discussed and he feels that this issue needs
to be addressed again. City crews are spending a lot of time with removal of
trash generated by these companies. He suggested that no fee be required with
the permit at this time.
1
1
Councilman Sawyer asked about the status of new street signs. Steve
Hamilton, Director of Public Works, stated that staff is putting together the new
signs.
20. ADJOURNMENT
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
adjourn the meeting at 4:26 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
ATTEST:
Q', L--2; Qti°'/
LaDonna Floyd, City Secretary
City of Nederland, Texas
Homer E. Nagel, Mayor
City of Nederland, Texas
14.3
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
z
Robert Sawyer
Council Member - Ward 1
i/
Joe Clayton
Council Member -Ward 2
,/
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
,/
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
i
Billy Neal
Police Chief
,/
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
V/
Steve Hamilton
Director of Public Works
V",
Rod Hatch
Building Official
,/
Jim Weaver
Parks and Recreation Director
V,'
Victoria Klehn
Librarian
Kelly Gallowa
Assistant to the City Manager
✓
Mayor
J/awl cs 4'Gt ,r
qty Secretary
Date
n
151
ORDINANCE NO. 2000 -09
AN APPROPRIATION ORDINANCE ADOPTING A BUDGET
FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER
1, 2000, AND ENDING SEPTEMBER 30, 2001, IN
ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF
THE CITY OF NEDERLAND.
WHEREAS, in accordance with Article VII, Section 7.02 of the City Charter, the City
Manager prepared and presented to the City Council a city budget itemizing estimated revenues and
appropriations for the ensuing fiscal year beginning October 1, 2000 and ending September 30,200 1.
WHEREAS, in accordance with Article VII, Section 7.05 ofthe City Charter, at the meeting
ofthe Council at which the budget and budget message were submitted, the Council determined the
place and time ofthe public hearing. On July 24, 2000, a date not less than 3 days nor more than 14
days after notice ofthe hearing was duly published, said Public Hearing was held by the City Council
on the proposed budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
Section 1 - GENERAL FUND. That there be and is hereby appropriated the sum of Six million, one
hundred eighty -nine thousand, seven hundred eleven dollars and no cents ($6,189,711.00) to the
General Fund for the payment of operating expenses and necessary capital outlay for the following
departments and uses:
a. City Council $ 14,703
' b. Legal 44,200
c. City Manager 307,676
d. Finance 226,813
e. Personnel 169,181
f. Civil Service 7,830
g. City Hall 49,014
h. Police 1,832,736
i. Police- Prisoner Extra help 22,655
j. Emergency Management 7,000
k. Fire 1,029,671
1. Fire Volunteers 16,000
m. Inspections 130,615
n. Public Works Administration 180,741
o. Street Department 801,307
p. City Shop 170,929
q. Parks & Recreation 420,435
r. Library 308,217
s. Other Requirements 449,988
Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One
million, five hundred twenty-two thousand, nine hundred forty -eight dollars and no cents
($1,522,948.00) to the Debt Service Fund for payment of principal and interest on outstanding City
debt.
Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of Four
million, five hundred seventy-four thousand, three hundred twenty-eight dollars and no cents
($4,574,328.00) to the Water & Sewer Fund for the payment of operating expenses and necessary
' capital outlay for the following departments and uses:
5''
a. Water Treatment
b. Billing/Collections
c. Wastewater Treatment
d. Water & Sewer Distribution
e. Annexation- West/North
f. Annexation- West/South
g. Other Requirements
$ 902,185
280,710
634,917
828,565
849,328
116,616
962,007
Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated
the sum of One hundred thirty -six thousand, three hundred eighty dollars and no cents ($136,380.00)
to the Water & Sewer Certificate Fund for the payment of principal and interest on outstanding City
debt.
Section 5 - SOLID WASTE FUND. That there be and is hereby appropriated the sum of Nine
hundred eighty -six thousand, five hundred seventy five dollars and no cents ($986,575.00) to the
Solid Waste Fund for the payment of operating expenses and necessary capital outlay.
Section 6 - EQUIPMENT REPLACEMENT FUND - GENERAL. That there be and is hereby
appropriated the sum of One hundred forty thousand, four hundred twenty-three dollars and no cents
($140,423.00) to the Equipment Replacement Fund - General for the payment of necessary capital
outlay.
Section 7 - EQUIPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is
hereby appropriated the sum of Twenty -six thousand dollars and no cents ($26,000.00) to the
Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay.
Section 8 -CAPITAL OUTLAY FUND. That there be and is hereby appropriated the sum of Two I
hundred five thousand dollars and no cents ($205,000.00) to the Capital Outlay Fund for the payment
of necessary capital outlay.
Section 9 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of
Thirty-two thousand dollars and no cents ($32,000.00) to the Police Narcotics Fund for the payment
of operating expenses and necessary capital outlay.
Section 10 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of
Forty -eight thousand,,one hundred sixty dollars and no cents ($48,160.00) to the Library Special
Fund for the payment of operating expenses and necessary capital outlay.
Section 11 — COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of
Three thousand, live hundred filly dollars and no cents ($3,550.00) to the Court'lechnology Fund
for the payment of operating expenses and necessary capital outlay.
Section 12 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the
sum of Five million, eight hundred twenty-seven thousand, nine hundred ninety dollars and no cents
($5,827,990.00) to the Economic Development Fund for the payment of operating expenses and
necessary capital outlay.
Section 13 - HOTEL /MOTEL FUND. That there be and is hereby appropriated the sum of Seventy
thousand, live hundred dollars and no cents ($70,500.00) to the I Iutel /Motel Fund t'or the payment of
operating expenses.
Section 14 - HAZ -MAT FUND. That there be and is hereby appropriated the sum of Twenty -five
thousand dollars and no cents ($25,000.00) to the Haz -Mat Fund for the payment of operating
expenses.
Section 15 - PARKS & RECREATION SPECIAL FUND. That [lure be and is hereby appropriated
the sum of Seventy -seven thousand, one hundred fourteen dollars and no cents (s77,114.00) to the
Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay.
Section 16 - MID - COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That
there be and is hereby appropriated the sum of Four hundred eight thousand, one hundred four
dollars and no cents (5408,104.00) to the Mid - County Municipal League Dispatching Fund for the
payment of operating expenses and necessary capital outlay.
THAT the foregoing appropriations for expenditures be adopted as the budget for the
ensuing fiscal year beginning October 1, 2000 and ending September 30, 2001.
THAT the City Council shall meet and adopt an Ordinance levying on the assessed valuation
of the property within the City, subject to the provisions of the Charter and lawful exceptions given
by State Law or City Ordinance, a rate of taxation on each One Hundred Dollars ($100.00) of
valuation sufficient to raise the amounts estimated to be required in this annual budget less the
amounts estimated to be received from fines, licenses, and other sources of revenue.
THAT any unencumbered funds remaining on hand at the end of the fiscal year ending
September 30, 2000, shall be construed with and classified with Miscellaneous revenue anticipated
during the fiscal year beginning October 1, 2000 and ending September 30, 2001, and such funds are
hereby appropriated as a City Council Contingency Account for purposes approved by the City
Council.
THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed.
THAT the City Secretary shall file a true copy of this ordinance and said budget with the
Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local
Government Code.
THAT this being an ordinance not requiring publication it shall take effect and be in force
' from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND AT A REGULAR MEETING THIS THE 14" DAY OF AUGUST, A.D., 2000.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
c0111 , c , .P
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. H gh s Qity Attorney
City of Nederland, Texas
1
153
ORDINANCE NO. 2000-10
AN ORDINANCE APPROVING THE TAX ASSESSMENT
ROLLS FOR THE YEAR 2000, LEVYING AND ASSESSING
TAXES FOR THE SUPPORT OFTIIE CITY OF NEDERLAND
AND THE MUNICIPAL GOVERNMENT THEREOF;
APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES;
AND PROVIDING FOR THE INTEREST AND SINKING
FUND.
WHEREAS, pursuant to the provisions of tlrc Tax Code of the State of Texas, the tax assessment
rolls to be used for the collection of taxes for the captioned year, wherein the value of all property
situated within the City of Nederland, subject to ad valorem taxes for the tax year 2000, was fixed by
Roland It. Bieber, Chief Appraiser of Jellcrson County Appraisal District, at a total value of
$594,007,600; now, therefore,
BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1: -That the tax assessment rolls furnished by the City's Tax Assessor - Collector, based
upon the certified roll furnished by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal
District, at a total value of $594,007,600, shall become the tax assessment rolls of the City of
Nederland for the year 2000, less all exemptions provided by either State Law or City ordinance in
the amount of $54,125,851.
SECTION 2: - That there is hereby levied for the current year, 2000, and there shall be collected for ,
the use and support of the municipal government of the City of Nederland, and to provide interest
and sinking funds for the fiscal year ending September 30, 2001 upon all property, real, personal, and
mixed, within the corporate limits of said City subject to taxation, a tar of sixty-five cents ($.65) on
each one hundred dollars ($100) valuation of property; said tax being so levied and apportioned to
the specific purposes hereinafter set forth:
(a) For the maintenance and support of the general government (General Fund), 36.4065
cents on each one hundred dollars ($100) valuation of property; and
(b) For the Interest & Sinking Fund, 28.5935 cents on each one hundred dollars ($100)
valuation of property as follows:
For the purpose of paying interest and principal of Four hundred thirty-five thousand,
seven hundred dollars ($435,700.00) on the Certificates of Obligation, Series 1992,
8.2072 cents on each one hundred dollars ($100) valuation of property.
For the purpose of paying interest and principal of One hundred thirty thousand, nine
hundred seventy-five dollars ($130,975.00) on the Certificates of Obligation, Series
1994, 2.4672 cents on each one hundred dollars ($100) valuation of property.
For the purpose of paying interest and principal of Four hundred twenty thousand, four
hundred ninety-two dollars and fifty cents ($420,492.50) on the Certificates of
Obligation, Series 1996, 7.9208 cents on each one hundred dollars ($100) valuation of
property-
1
For the purpose of paying interest and principal of One hundred ninety -four thousand,
nine hundred two dollars and fifty cents ($194,902.50) on the Certificates of
Obligation, Serics 1998, 3.6714 cents on each one hundred dollars ($100) valuation of
property.
For the purpose ofpaying interest and principal o1'One hundred lilicen thousand, seven
hundred ninety -five dollars ($115,795.00) on the Certificates of Obligation, Series
1999, 2.1812 cents on each one hundred dollars ($100) valuation of property.
For the purpose of paying interest and principal of Two hundred twenty thousand,
eighty-five dollars and eighty-three cents ($220,085.83) on the Certificates of
Obligation, Series 2000, 4.1457 cents on each one hundred dollars ($100) valuation of
property.
SECTION 3: - The Jefferson County Tax Assessor - Collector (who, pursuant to contract, is the Tax
Assessor - Collector for the City of Nederland) is hereby directed to prepare Tax Statements and
proceed with the collections of the 2000 taxable year, and the amounts collected shall be deposited in
the Depository of the City ofNederland, to be distributed in accordance with this Ordinance.
SECTION 4: - That if any provision, section, subsection, paragraph, sentence, clause, or phrase of
this ordinance shall for any reason be held to be unconstitutional, void, or invalid, such invalidity
shall not affect the validity of the remaining provisions of this ordinance; and to this end all
provisions of this ordinance are declared to be severable.
PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND AT A REGULAR MEETING THIS THE 14" DAY OF AUGUST, A.D., 2000.
f'.
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
.D .-.-.i
Richard D. Hug s, City Attorney
City of Nederland, Texas
1
Homer E. Nagel, Mayor
City of Nederland, Texas
155
I t.jc>
CITY OF NEDERLAND
RESOLUTION NO. 2000 -13
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND AN OFFER FOR THE ACQUISITION OF RIGHT OF WAY
NEEDED FOR IMPROVEMENTS TO THE INTERSECTION OF 27"
STREET AND HELENA AVENUE.
WHEREAS, the State of Texas, acting by and through the Texas Department of
Transportation (TxDot), and the City of Nederland have previously executed an agreement for
improvements to the intersection of 27th Street and Helena Avenue; and
WHEREAS, the plans and specifications for these improvements, as prepared and approved
by TxDot, indicate that acquisition of right -of -way will be necessary; and
WHEREAS, TxDot has previously authorized the City of Nederland to initiate activities
necessary to acquire the needed right -of -way; and
1
WHEREAS, the City of Nederland has, orwill, obtain the necessary appraisals for the needed I
right -of -way, which consists of three (3) individual parcels.
NOW, THEREFORE, BE IT RESOLVED
THAT the City Council of the City of Nederland authorizes the City Manager to extend an
offer to the owner(s) of each of the three (3) parcels based upon the fair market value as established
by the appraisals.
PASSED, APPROVED, AND ADOPTED this / / day of in, ,:, 2000.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
(:2 '(L.^,n C---2f,id
LaDonna Floyd, City Secretary
APPROVED AS TO FORM AND LEGALITY: ,
P
Richard D. Hughes, City Attorney
I j-';
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. August 28, 2000
CALL MEETING TO ORDER
The regular meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel
at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas.
See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to approve the minutes of the August 14, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
' 3. REQUESTS
Theresa Lee, 704 - 33rd Street, addressed the Council to request a refund on her
sewer bill for the last 10 years. Mrs. Lee explained that in October, 1999, her
sewer line shattered end to end and after completion of many tests it was
determined that the water and soil samples around her home revealed total
contamination with fecal matter, mold, and yeast. She added that they are of
the opinion that the sewer line had been leaking for 10 years prior to the
incident in October, therefore, feels they are entitled to a refund on the sewer
charges paid because only a minimal amount of sewer was actually treated by
the City.
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
deny the request of Theresa Lee, 704 - 33rd Street, for reimbursement of sewer
fees. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
James Fenner, Aspect Resources, LLC, addressed the Council relative to the
requirements to obtain a Seismic Permit from the City of Nederland. He stated
' that they will be using vibroseis trucks to perform the survey and they would
provide the City with insurance, bonds, and coordinate all work through City
.� .l .& All
Minutes continued, August 28, 2000
staff, as well as indemnify the City. Mr. Fenner added that they will offer
homeowners a free home inspection before and after the seismic testing.
Aspect Resource will be performing a test in the City of Groves on Thursday I
and invited Council and staff to observe.
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
postpone the request from Aspect Resources regarding the requirements to
obtain a Seismic Permit from the City of Nederland. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
4. ORDINANCE
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
postpone approval of Ordinance No. 2000-11, prohibiting the exploration for oil,
gas, and /or other minerals on City property and /or right -of -way. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
5. RECESS
Mayor Nagel called for a recess at 6:55 p.m. for the purpose of recognizing the
Nederland 13 -Year Old Babe Ruth World Series Champions. Mayor Nagel
congratulated the team for their success. He also presented each team member
and the coaches with a Proclamation declaring August 28th - September 1 s` as
"Nederland Babe Ruth 13 -Year Old World Series Champions Week" in
Nederland, Texas.
6. RECONVENE
The regular meeting was reconvened at 7:15 p.m. by Mayor Nagel.
7. TEXAS MUNICIPAL LEAGUE
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to submit a ballot voting for Joe Arisco to the TML Intergovernmental
Employee Benefits Pool Board of Trustees. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None. I
Minutes continued, August 28, 2000
8. STREETS AND SIDEWALKS - STREET LIGHT INSTALLATIONS
' A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
authorize the installation of a street light at 412 South 4 '/2 Street. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
9. BIDS /PROPOSALS
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
award bids received for Year 2 Sanitary Sewer Evaluation Survey to J & D
Construction, Bronson, TX, in the amount of $962,767.30. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
postpone the purchase of a fire truck from HGAC. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
10. ORDINANCE - TAX ANTICIPATION NOTES
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve Ordinance No. 2000 -12, authorizing the issuance of "City of Nederland,
Texas, Tax Anticipation Notes, Series 2000;" specifying the terms and features
of said Notes; levying a continuing direct annual ad valorem tax for the payment
of the principal of and interest on said Notes; and resolving other matters in
connection therewith. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
11. APPOINTMENTS - CHARTER REVIEW COMMISSION
A motion was made by Councilman Nugent and seconded by Mayor Nagel to
appoint the following to the Charter Review Commission: Jack Porter, Eric
Shaw, Sam Gillespie, Joe Daughtry, Shirley Broussard, C. J. St. Romain, Albert
Rienstra, Rick Williams, Carl "Cropo" LeBlanc, and Tom Lee. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
' Noes: None.
153
16 1)
Minutes continued, August 28, 2000
12. PAYMENTS
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to authorize final payment to Neches Engineers in the amount of
$2,433.33, engineering and design for roof repairs to the Henson Office
Building, RSVP Building, Service Center, and Senior Citizens Center. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
13. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilman Radcliff to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
14. REQUESTS
i�
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to ,
postpone a request from Nick Crouch and Brett Becker regarding construction
of a skate park. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
15. ADJOURNMENT
A motion was made by Councilman Nugent and seconded by Mayor Nagel to
adjourn the meeting at 7:30 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
ATTEST:
\�QI A�
LaDonna Floyd, City ecretary
Homer E. Nagel, Mayor
City of Nederland, Texas
of ta�p�c9 ,
U O
FC °= r? LANG..•
1
n
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
I TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
Joe Clayton
Council Member - Ward 2
/
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
/
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
✓
Richard Hughes
City Attorney
/
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
/
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
/
Victoria Klehn
Librarian
/
Kelly Galloway
Assistant to the City Manager 1
✓
Mayor
cza—j , _ � �cu /
City Secretary
Z -,:2d' --
Date
1611
162
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
3:00 p.m. September 11, 2000
CALL MEETING TO ORDER
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to approve the minutes of the August 28, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
3. REQUESTS I
Nick Crouch and Brett Becker addressed the Council regarding construction of
a skate park. They presented Council with documents that they obtained from
the internet regarding skate parks. They indicated that there was an exemption
regarding liability issues. They also presented a list of potential rules and
regulations for a skate park. There are currently nine parks in the state of Texas
and after contacting several of them they learned there were no major injuries
to participants.
Mayor Nagel suggested that the City Attorney review the documents presented
before a final decision is made by the Council.
A motion was made by Councilman Nugent and seconded by Councilman
Radcliff to postpone the request from Nick Crouch and Brett Becker regarding
construction of a skate park. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
1
Minutes continued, September 11, 2000
4. PROCLAMATIONS
' A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve a proclamation declaring September 21, 2000 as "Don Kelly Day" in
Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
Mayor Nagel presented a proclamation to Marla Kieshnick, Health South,
declaring September 17 -23, 2000 as "National Rehabilitation Week" in
Nederland. Ms. Kieshnick thanked the Council for their support.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve a proclamation declaring September 17 -23, 2000 as "National
Rehabilitation Week" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
5. REQUESTS
Andre' Wimer, City Manager, stated that Rick Hughes, City Attorney, is
' continued to review the permit issued to Aspect Resources by the City of Alvin.
He stated that additional requirements should be added to the permit if the City
approves the process. Mr. Wimer suggested that Aspect should be required to
have an employee stationed at City Hall to answer any phone calls received
during the testing, and to provide maps detailing the exact testing locations.
He added that he did attend the demonstration in Groves and there was minimal
ground movement and a slight vibration was felt. The City Attorney suggested
that the City postpone the approval of a permit until such time as an ordinance
can be drafted regarding seismic testing.
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
postpone a request from Aspect Resources regarding the requirements to obtain
Seismic Permit from the City of Nederland. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
6. ORDINANCES
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to postpone approval of Ordinance No. 2000 -13, governing tree
trimming contractors. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
163
164 Minutes continued, September 11, 2000
7. WATER AND SEWER
Andre' Wimer, City Manager, stated that he has placed the acceptance of the '
Patillo Road water line on the agenda for guidance from the Council. He
reminded Council that the water line did pass the pressure test that the City
required of the land owners. He reminded Council that this area is located
outside the City's ETJ but that we have been provided water service for quite
some time. If the City were to accept the water line there would have to be an
easement granted in order to proved the City with access to the line.
Mayor Nagel stated that he would like to see the City accept the line if the
proper documents can be obtained. He asked that the City Attorney research
this matter further and report back to Council.
8. BIDS /PROPOSALS
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve the purchase of a fire truck from HGAC in the amount of $286,937.00,
with $60,000.00 to be paid by Jefferson County Fire District No. 1 as per the
agreement between the City and the fire district. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
9. PAYMENTS
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to authorize payment to Schaumburg & Polk, Inc. as follows:
$4,220.20, wastewater system improvements; $ 1,711.32, west annexation
area water and sewer improvements; $147.50, Gayle Lane surveying; and
$2,645.43, 1999 -2000 collection system rehabilitation (Year 2). MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
authorize payment to d.p. Consulting Engineers, Inc. as follows: $1,060.52,
Doornbos Park surveying; $3,688.13, Boston Avenue Landscaping project;
$3,000.02, Boston Avenue Rehabilitation project; and, $11,979.83, upper Main
"C" drainage improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
1
Minutes continued, September 11, 2000
A motion was made by Councilman Sawyer and seconded by Councilman
' Radcliff to authorize payment of the bills for the month of August. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
10. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
11. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that John Fisher has resigned from the
Zoning Board of Appeals due to moving outside the City limits. Mr. Wimer also
reported that Lower Neches Valley Authority's permanent saltwater barrier
project is progressing on schedule.
Mayor Nagel read correspondence received from George Hawkins Dale Dial,
and Katie Cutrer thanking the City of Nederland, and especially the Parks and
Recreation Department, for their support of the cross country meet last
weekend.
Councilman Nugent asked what are the City's intention regarding the old fire
truck once the new one is received. Mr. Wimer stated that the City will keep
the old truck and it will be the last truck on response.
Councilman Clayton asked about the possibility of placing some type of sound
device on the new traffic signal at 27`" Street and Avenue H in order to assist
the blind cross the streets. Mr. Wimer stated that this is being researched.
12. ADJOURN
A motion was made by Councilman Nugent and seconded by Mayor Nagel to
adjourn the meeting at 4:25 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
boa- NC,O
' ATTEST: �� � , mer E. Nagel, Mayor
LaDonna Floyd, City S
A-01
165
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member -Ward 1
Joe Clayton
Council Member - Ward 2
✓
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
✓
Richard Hughes
City Attorney
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
Mayor
City Secretary
9-/I -oo
Date
LJ
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. September 25, 2000
CALL MEETING TO ORDER
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. ANNOUNCEMENT
Mayor Nagel asked for a moment of silence in remembrance of Councilman Mike
Radcliff who passed away suddenly on September 16, 2000.
3. APPROVAL OF MINUTES
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to approve the minutes of the September 11, 2000 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
4. REQUESTS
Andre' Wimer, City Manager, stated that the City Attorney has reviewed the
request of Nick Crouch and Brett Becker regarding construction of a skate park.
Rick Hughes, City Attorney, reported that regrettably he could find no laws of
the State of Texas to exempt the City from liability. He added that in Texas
minors cannot sign a release of liability.
Mayor Nagel stated that between the costs to construct and maintain a skate
park, along with the added liability, would not be beneficial to the citizens of
Nederland at this time. He commended the young men for their diligent efforts
and encouraged them to stay involved in their community.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
deny the request from Nick Crouch and Brett Becker regarding construction of
a skate park. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
b p,
' (i s Minutes continued, September 25, 2000
Joe Duhon, 3511 Avenue D, addressed the Council relative to requesting a
sewer adjustment on his water bill. Mr. Duhon stated that he watered his slab
with a soaker hose for an entire week and feels he should not have to pay the I
sewer portion because the water was not treated.
Andre' Wimer, City Manager, stated that the City's ordinance only allows for
a once a year sewer adjustments in circumstances such as water leaks and
filling of swimming pools.
Mayor Nagel added that the City does allow residents to purchase an additional
meter to be used for watering purposes and they are only billed for the water
on that second meter.
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
deny the request from Joe Duhon, 3511 Avenue D, for sewer adjustment on
water bill. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
5. ORDINANCES
A motion was made by Councilman Sawyer and seconded by Councilman I
Nugent to approve Ordinance No. 2000 -14, declaring certain utility accounts as
uncollectible. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
A motion was made by Councilman Nugent and seconded by Mayor Nagel to
postpone approval of Ordinance No. 2000 -15, governing geophysical /seismic
testing and a request from Aspect Resources to obtain a Seismic Permit from
the City of Nederland. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
6. CONTRACTS /AGREEMENTS
A motion was made by Mayor Nagel and seconded by Councilman Sawyer to
approve a permit /contract with Aspect Resources for seismic testing on City of
Nederland property located outside the city limits (old landfill site), contingent
upon approval of Attachment "A" (property description) by City staff.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
Minutes continued, September 25, 2000
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve a permit with Centennial Oil & Gas for seismic testing. MOTION
' CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
A motion was made by Councilman Nugent and seconded by Councilman
Sawyer to approve an agreement with Equilon Pipeline for acquisition of a
pipeline easement near the old landfill site. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve an agreement with Tri City Sweeping for street sweeping services in
an amount not to exceed $2,200.00 per cycle. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to approve an Interlocal Cooperation Contract with the Texas
Department of Public Safety for the Failure to Appear Program. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve an agreement with Thornton Road Boring for services associated with
water line replacement from The Schooner to Park Drive in the amount of
$12.00 /LF, estimated at $7,392.00, contingent upon the necessary
documentation being presented to City staff. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
A motion was made by Councilman Sawyer and seconded by Mayor Nagel to
approve a contract with the Nederland Police Officers' Association. MOTION
CARRIED.
7. RESOLUTIONS
A motion was made by Mayor Nagel and seconded by Councilman Clayton to
approve Resolution 2000 -14, endorsing the candidacy of Guy N. Goodson as
a candidate for President -Elect of the Texas Municipal League. MOTION
CARRIED,
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
169
I q () Minutes continued, September 25, 2000
8. GRANTS - LIBRARY
A motion was made by Councilman Clayton and seconded by Mayor Nagel to '
authorize the submission of a grant application for the Marion and Ed Hughes
Public Library to the Hebert Foundation. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
BUDGET
A motion was made by Councilman Sawyer and seconded by Councilman
Clayton to approve amendments to the 1999 -2000 budget. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilman Nugent to
approve Ordinance No. 2000 -16, amending the 1999 -2000 budget. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
10. APPOINTMENTS I
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to appoint Eric Shaw to the Zoning Board of Appeals to fill the
unexpired term of John Fisher. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
11. PAYMENTS
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to approve payments to Schaumburg & Polk, Inc. as follows:
$2,891.30, west annexation area water and sewer improvements; $851.08,
wastewater system improvements; and, $3,218.70, 1999 -2000 collection
system rehabilitation (Year 2). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
Minutes continued, September 25, 2000
12. EXECUTIVE SESSION
' A motion was made by Mayor Nagel and seconded by Councilman Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
1
13. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the Regional Water Study will be
presented Thursday.
14. ADJOURNMENT
A motion was made by Councilman Sawyer and seconded by Councilman
Nugent to adjourn the meeting at 7:06 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent.
Noes: None.
ATTEST:
LaDonna Floyd, City ecretary
City of Nederland, Texas
--,, -� ZL�Y- l
Homer E. Nagel, Mayor
City of Nederland, Texas
171
r7 { 1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
Joe Clayton
Council Member -Ward 2
✓
Mike Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
✓
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
,✓
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
✓
Kelly Galloway
Assistant to the qLty Maw, er
i
Mayor
7
City Secretary
Date
f
tl_�`
ORDINANCE NO. 2000 -14
' AN ORDINANCE ACCEPTING UTILITY ACCOUNTS
RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF
$30,157.16 AS SHOWN IN ATTACHMENT "A" FOR THE
YEAR ENDED 9 -30 -00 IN THE CITY OF NEDERLAND.
WHEREAS, Generally Accepted Accounting Practices require that uncollcctible accounts
receivable be written off to reflect accurate revenues; and,
WHEREAS, Based on auditor recommendations it is desirable to present uncollectible
accounts to be charged off,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
Section 1. The City of Nederland's book of accounts of the Water Billing/Collecting
Department are hereby corrected to reflect the following charge -offs for fiscal year 1999 -00 in the
amount of $30,157.16 as set forth in Attachment "A."
Section 2. Charge -offs affected by this Ordinance are for accounting purposes only and are
not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no
way be construed to waive or discharge or dispense with the continued application of Section 106 -30
of the Code of Ordinances concerning the accounts hereby affected.
THAT this being an ordinance not requiring publication, it shall be effective from and after
its passage.
'PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND AT A REGULAR MEETING THIS THE 25th day of September, A.D., 2000.
Homer E. Nagel, Mayor V
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
' Richard D. Hughes, b# Attorney
City of Nederland, Texas
173
171
ATTACHMENT "A"
CITY OF NEDERLAND
ACCOUNTS TO BE WRITTEN OFF FOR
FYE 1999 -2000
Year ended 9/30/94
20- 0050 -02
40.44
12- 1020 -00
$243.19
20- 0820 -00
36.15
Year ended 9130/95
22- 1660 -00
'
36.15
16- 2140 -00
$183.81
23- 0200 -01
20.90
Year ended 9130/96
23- 0480 -00
42.70
20- 0530 -00
$118.87
$2,658.72
Year ended 9/30/97
Year ended 9/30198
01- 0530 -01
44.73
01- 0720 -00
31.86
01- 1040 -00
31.86
01- 1480 -01
40.44
03- 0290 -00
44.57
01- 1660 -00
49.02
03- 0700 -00
32.87
02- 0050 -00
32.87
03- 2450 -00
31.86
02- 0050 -01
49.02
04- 0530 -00
49.02
02- 0270 -02
44.73
05- 0700 -01
44.73
02- 0700 -00
40.44
05- 1870 -00
44.73
02- 0730 -00
49.02
05- 3090 -03
28.97
02- 1920 -00
122.59
05- 3130 -00
28.97
02- 1950 -01
57.60
05- 3430 -00
40.44
03- 0060 -01
31.86
06- 1890 -03
59.36
03- 0220 -00
28.97
06- 2260 -02
49.02
03- 0220 -01
36.15
06- 2840 -00
40.44
03- 1060 -00
57.60
06- 3260 -01
57.60
03- 2280 -00
40.67
06- 3260 -02
57.60
03- 2280 -01
79.05
07- 0690 -04
53.31
03- 2280 -02
53.31
07- 1470 -00
40.44
04- 0040 -01
53.31
08- 0280 -01
48.28
04- 0040 -02
61.89
08- 1720 -01
60.83
04- 0530 -01
61.89
08- 2630 -00
52.37
04- 1070 -00
'
44.73
10- 0060 -00
53.31
04- 1070 -01
49.02
10- 1200 -00
31.86
04- 1070 -02
66.18
10- 2350 -00
36.15
04- 1092 -00
49.00
10- 2890 -00
53.31
04- 1094 -00
39.00
10- 3120 -00
36.77
04- 1870 -01
36.15
11- 2160 -00
40.44
04- 1870 -02
44.73
14- 1810 -00
48.47
04- 1920 -01
70.47
14- 2030 -00
28.97
04- 4030 -03
135.62
15- 2690 -01
44.73
04- 4370 -00
61.89
16- 0190 -02
53.31
04- 4370 -01
66.18
16- 0190 -03
44.73
04- 4450 -00
28.97
16- 1430 -00
112.91
04- 4570 -00
40.44
17- 0130 -07
28.97
04- 4680 -00
36.15
17- 0960 -00
124.55
05- 0970 -00
44.73
17- 0970 -00
40.44
05- 0980 -00
82.91
17- 1180 -00
40.44
05- 1080 -00
31.86
17- 1210 -00
49.02
05- 1210 -01
53.31
17- 1220 -01
42.36
05- 1690 -00
44.73
18- 0063 -00
61.89
05- 1830 -00
36.15
18- 1140 -01
127.01
05- 3020 -01
32.87
19- 0020 -00
53.31
05- 3130 -02
40.44
19- 0090 -00
28.97
05- 3370 -03
42.21
19- 0090 -01
36.15
05- 3580 -03
44.57
19- 0210 -00
44.73
05- 3760 -00
74.76
19- 0370 -00
36.77
05- 3820 -00
36.15
19- 0480 -00
53.31
05- 3890 -00
'
36.15
19- 0480 -01
49.02
05- 3890 -01
40.44
19- 0670 -00
44.73
05- 3900 -00
28.97
19- 1230 -02
36.15
05- 3900 -01
31.86
19- 1600 -00
57.60
05- 3910 -07
36.15
06- 1060 -00
83.34
ATTACHMENT "A" ATTACHMENT "A" 175
CITY OF NEDERLAND CITY OF NEDERLAND
ACCOUNTS TO BE WRITTEN OFF FOR FYE 1999 -2000 ACCOUNTS TO BE WRITTEN OFF FOR FYE 1999 -2000
13- 1640 -01
31.86
06- 1600 -00
32.87
13- 1940 -01
37.77
06- 1930 -00
53.31
13- 2090 -04
49.39
06- 2150 -00
44.73
'
13- 2150 -01
146.53
06- 2240 -00
36.15
14- 0250 -00
44.56
06- 2260 -03
61.89
14- 0390 -00
61.89
06- 2260 -04
83.34
14- 1050 -00
66.34
06- 2320 -00
36.15
14- 1150 -03
57.60
06- 2400 -00
44.73
14- 1360 -00
61.89
06- 2550 -00
32.87
14- 1360 -01
49.02
06- 2840 -01
61.89
14- 2040 -00
40.67
06- 3120 -00
57.94
15- 0010 -00
48.47
06- 3260 -03
70.47
15- 0950 -00
87.63
06- 3260 -04
61.89
15- 1940 -00
36.15
07- 0590 -01
40.44
15- 2040 -01
49.02
07- 0610 -02
36.15
15- 2070 -00
28.97
07- 0700 -00
40.44
15- 2590 -00
31.86
07- 0770 -00
44.73
15- 2690 -02
85.40
07- 0770 -01
40.44
16- 1270 -01
36.77
07- 0890 -01
40.44
16- 1310 -00
31.86
07- 0900 -00
60.90
16- 1770 -00
83.34
07- 1540 -00
26.08
16- 1900 -00
115.33
07- 1730 -00
28.97
16- 2300 -00
49.02
08- 0100 -00
31.86
16- 2310 -00
74.76
08- 0940 -00
49.02
16- 2740 -00
57.60
08- 1160 -01
36.15
17- 0030 -00
133.37
08- 1160 -02
49.02
17- 0160 -00
31.86
08- 1680 -00
40.44
17- 0590 -01
40.44
08- 1930 -00
60.90
'
17- 0610 -01
28.97
08- 2500 -00
38.98
17- 0920 -00
49.02
08- 2710 -00
40.67
17- 1120 -04
32.70
08- 2860 -01
32.87
17- 1170 -03
57.60
09- 0470 -00
32.87
17- 1210 -01
40.44
09- 0470 -01
31.86
17- 1210 -02
49.02
09- 0540 -00
53.31
17- 1850 -03
154.31
09- 2100 -00
40.44
17- 2050 -04
40.44
09- 2100 -01
57.60
18- 0270 -00
36.15
10- 0140 -03
121.37
18- 0610 -00
36.15
10- 0300 -02
31.86
18- 1330 -00
61.89
10- 1200 -01
31.86
18- 1562 -00
28.97
10- 2200 -00
61.89
18- 2540 -00
31.86
10- 2890 -01
53.31
18- 2540 -01
44.73
10- 3120 -01
66.18
19- 0100 -00
31.86
11- 2100 -02
31.86
19- 0330 -00
49.02
11- 2730 -01
31.86
19- 0520 -00
66.18
11- 2940 -00
53.31
19- 1050 -00
131.38
12- 0140 -00
44.73
19- 1070 -01
53.31
12- 0170 -02
36.15
19- 1930 -02
40.67
12- 0860 -02
107.28
19- 3000 -00
71.87
12- 1330 -01
40.44
20- 0530 -01
140.65
12- 1560 -00
36.15
20- 1000 -00
32.87
12- 1760 -00
107.92
20- 1000 -01
31.86
13- 0210 -00
28.97
20- 1253 -01
20- 2180 -02
77.99
31.86
13- 0390 -00
13- 0410 -06
36.15
164.25
21- 0370 -00
44.73
13- 0570 -00
31.86
21- 0370 -01
44.73
13- 0720 -03
59.77
21- 0370 -02
74.76
13- 0880 -00
37.77
21- 0770 -00
44.73
13- 1600 -00
180.83
21- 1540 -00
35.33
13- 1640 -00
31.86
ATTACHMENT "A"
ATTACHMENT "A"
CITY OF NEDERLAND
CITY OF NEDERLAND
] 7 6 ACCOUNTS TO BE
WRITTEN OFF FOR FYE 1999 -2000
ACCOUNTS TO BE WRITTEN OFF FOR FYE 1999 -2000
06- 1390 -07
152.59
21- 1550 -00
36.15
06- 1850 -00
23.18
21- 2050 -01
57.60
06- 2360 -00
36.64
21- 2050 -03
49.02
06- 2922 -00
10.42
21- 2170 -02
31.86
'
08- 1160 -03
58.61
21- 2170 -03
44.50
08- 1240 -01
23.66
21- 2680 -00
75.70
08- 2610 -03
28.97
21- 2800 -00
73.78
08- 2771 -00
9.00
22- 0250 -00
66.18
09- 0110 -03
51.52
22- 0250 -01
70.47
09- 0200 -04
13.98
22- 1160 -00
74.76
09- 0250 -02
35.41
22- 1730 -00
31.86
09- 1590 -00
116.12
22- 2240 -00
53.31
09- 2130 -00
32.17
22- 2340 -02
49.02
10- 0070 -00
129.36
22- 2760 -01
91.92
10- 0640 -00
40.72
22- 2824 -00
57.60
10- 0680 -04
47.74
23- 1610 -00
20.90
10- 0800 -04
507.46
24- 0400 -00
32.48
10- 1100 -02
124.95
24- 0640 -00
69.37
10- 1130 -02
178.89
24- 0690 -00
194.88
10- 1180 -01
8.37
24- 0730 -00
113.68
10- 2330 -01
28.97
24- 0770 -00
81.20
10- 2830 -00
75.36
$10,414.52
10- 2870 -01
7.77
Year ended 9130/99
11- 1710 -00
77.72
01- 0830 -01
187.61
11- 1870 -00
111.45
02- 0010 -04
93.46
11- 2710 -05
12.05
02- 0040 -00
87.83
11- 3208 -01
136.36
02- 0120 -00
65.18
11- 3245 -00
104.40
02- 0980 -03
198.30
11- 3260 -00
68.68
02- 1260 -01
884.66
'
12- 0430 -02
13.20
02- 2520 -04
37.67
12- 0470 -04
51.32
03- 0640 -06
44.92
12- 0640 -05
122.33
03- 0970 -00
33.24
12- 1283 -00
41.16
03- 1960 -01
70.37
12- 1283 -01
55.02
03- 2520 -00
18.15
12- 1410 -01
58.75
03- 2870 -01
1,046.58
12- 1490 -01
41.09
04- 0340 -03
11.11
12- 1520 -08
101.54
04- 0490 -01
19.54
13- 0660 -04
34.24
04- 1150 -00
34.06
13- 1440 -02
53.27
04- 1190 -03
11.96
13- 1500 -02
9.13
04- 1280 -03
12.14
13- 1940 -02
8.74
04- 1680 -05
277.86
13- 1970 -02
358.76
04- 1700 -05
116.37
14- 0230 -00
51.75
04- 1710 -04
226.22
14- 0370 -00
42.92
04- 1920 -02
51.26
14- 0680 -06
87.99
04- 2060 -03
316.29
14- 0760 -02
285.01
05- 0070 -02
50.48
14- 1430 -03
96.17
05- 0310 -04
62.02
14- 2201 -01
157.95
05- 0360 -01
127.46
14- 2235 -00
7.52
05- 1500 -01
84.89
15- 0410 -01
61.34
05- 1530 -06
216.62
15- 1210 -04
301.30
05- 2040 -04
119.18
15- 2840 -00
95.58
05- 3230 -02
75.76
16- 0130 -01
332.50
05- 3230 -03
70.37
16- 0170 -00
279.45
05- 3260 -00
102.19
,
16- 0190 -04
97.53
05- 4110 -01
70.03
16- 0290 -02
43.28
06- 0310 -00
118.87
16- 0800 -02
100.90
06- 0820 -00
113.46
16- 0850 -03
69.07
06- 1100 -06
454.71
16- 0940 -01
111.05
06- 1290 -03
176.20
1
1
1
ATTACHMENT "A"
CITY OF NEDERLAND
ACCOUNTS TO BE WRITTEN OFF FOR FYE 1999 -2000
16- 1270 -02
375.22
16- 2230 -05
97.22
16- 2310 -01
161.98
16- 2460 -03
176.70
17- 0010 -02
251.51
17- 0250 -06
18.62
17- 0252 -02
30.72
17- 0460 -04
58.03
17- 0570 -03
106.16
17- 0770 -00
167.22
17- 1850 -04
252.25
17- 1870 -02
107.00
17- 1875 -02
51.68
17- 1990 -04
40.47
17- 1990 -05
168.36
17- 2050 -05
150.19
18- 0020 -00
41.41
18- 2230 -04
54.18
18- 2360 -06
13.49
18- 2600 -01
66.74
19- 0090 -02
68.33
19- 0310 -02
120.30
19- 0590 -01
199.79
19- 1490 -00
332.34
19- 2180 -02
28.78
19- 2410 -07
112.83
19- 2510 -00
10.97
20- 0130 -01
95.74
20- 0180 -04
90.50
20- 1610 -03
223.75
20- 1610 -04
278.99
20- 1940 -03
217.42
21- 2130 -00
134.31
21- 2530 -01
97.59
22- 2420 -01
14.49
22- 2706 -02
95.99
23- 0680 -06
177.67
23- 0680 -07
72.72
23- 0680 -08
101.75
24- 0220 -00
6.33
24- 0510 -00
20.02
24- 0640 -01
117.89
24- 0840 -00
421.00
$16,538.05
TOTAL WRITE -OFFS $30,157.16
r
117
173
RESOLUTION NO. 2000-14 ,
WHEREAS, Councilman Guy N. Goodson has been a member of the City Council of the
City of Beaumont, Texas since 1990 and has served five (5) consecutive terms of office alter his
appointment to City Council; and
WHEREAS, Guy N. Goodson has served the City of Beaumont as its Mayor Pro Tern from
May 1996 to May 1997, and as Mayor Pro Tern since December 1999 to date; and
WHEREAS, Guy N. Goodson has served as a member of the TML Resolutions Committee,
and as a member or chairman of numerous other TML Committees, including the TML Municipal
Annexation Committee in 1998, and currently as the Vice -Chair of the TML Legislative Policy
Committee on Regulations o£Development; and
WHEREAS, Councilman Goodson has shown his support for all facets of City government
and the TML, including service as the TML Board Representative for Region 16 since 1996.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland:
THAT the City of Nederland does provide its unqualified support for the candidacy of Guy
N. Goodson as President -Elect of the Texas Municipal League.
PASSED BY THE CITY COUNCIL of the City of Nederland this the o2S day of
r91) �N,1 12000.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
cl�,D" ', 7-�av"d
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, CYty Attorney
City of Nederland, Texas
1
- - �vaaasaa d6bdld rr � (-1i/
BUDGET AMENDMENT REQUEST
179
Fund General Department Library
i
Increase the following account(s): Amount
01 -55 -00 -6743 Capital - Furniture, Fixtures, etc. 3,177.00
Decrease the Following account(s) Amount
01 -55 -00 -6393 Contractual Services 3,177.00
Department Head Requesting amendment
,;"? -.700
Date
Funds Available:
Fty Trea' urer Date
Approv
City Manager Date
Approved by Council:
` V
Date
180
Justification for amendment with course of action if amendment is not approved:
Transfers are requested to balance several negative line items and to redistribute funds to purchase additional books and
equipment.
Reasons for decreases:
01 -55 -00 -6393 Contractual Services
Cost of IAC databases was re- negotiated by HALAN and our cost was higher than previous years.
Subscription was canceled since we did not anticipate having additional funds to cover increase.
Reasons for Increases:
01 -55 -00 -6743 Capital
Photocopier lease agreement ended and new machine was purchased. Funds used to offset cost.
1
1
1999 -2000 BUDGET AMENDMENT REQUEST No. 2
1
Depart "nt Head Requesting Amendment:
Date
Funds Available:
9 - a
City T� Date
Approved:
City Manager ate
Approved by Council:
Date
181
Fund :
General
Department: 01 31 -00 Street Department
Increase the following account(s):
Amount
0131 -00
6111
Overtime
$13,000.00
01 31 -00
6121
Group Insurance
$2,900.00
01 31 -00
6222
Motor Vehicle Fuel
$6,000.00
01 31 -00
6h6
Street & Bridge Supplies
$4,500.00
01 31 -00
6256
Chemicals & Insecticides
$150.00
01 31 -00
6258
Motor Vehicle Supplies
$1,500.00
01 31 -00
6265
Supplies/ Minor Tools & Equipment
$1,000.00
01 31 -00
6355
Vehicle & Equipment R & M
$2,000.00
01 31 -00
6393
Contractual Services
$8,450.00
Sub — total
$39,500.00
Decrease the following account(s)
Amount
01 31 -00
6333
Training & Travel
$1,400.00
01 31 -00
6341
Insurance General
$1,200.00
01 31 -00
6343
Insurance Motor Equipment
$1,900.00
01 31 -00
6730
Street Improvements
$35,000.00
Sub — total
$39,500.00
'
Justification
for amendment with course of action if not approved:
Most line items are for adjustment to actual expenditures.
1
Depart "nt Head Requesting Amendment:
Date
Funds Available:
9 - a
City T� Date
Approved:
City Manager ate
Approved by Council:
Date
181
18') BUDGET AMENDMENT REQUEST
Fund Water & Sewer Department Billing /Collections
Increase the following account(s): Amount
(a) 50 -61 -00 -6222 Motor Vehicle Fuel 520
(b) 50 -61 -00 -6231 Wearing Apparel 260
(c) 50 -61 -00 -6393 Contractual Services 2,300
Decrease the following account(s): Amount
50 -61 -00 -6121 Group Insurance 3,080
Justification for amendment with course of action if amendment is not approved:
(a) Fuel costs were uD due to unanticipated price increases.
(b) Additional funds were needed to replace worn out slicker suits & rubber boots.
(c) Temporary contract help was needed to read meters during summer months due to
employee out on injury leave. I
Department Head Requesting Amendment
dL V % L &, ,�L Q-/,f- bo
Date
Funds Available:
Approved:
City Manager Date
Approved by Council:
City Tre surer Date Date
BUDGET AMENDMENT REQUEST
Fund Water & Sewer
e the following account(s):
0 -6333 Training & Travel
355 Vehicle & Equipment R & M
Department W & S Distribution 50 -63
Decrease the following account(s):
50 -63 -00 -6210 General Office Supplies
50 -63 -00 -6220 Miscellaneous Supplies
50 -63 -00 -6231 Wearing Apparel
50 -63 -00 -6265 Supplies /Minor Tools & Equipment
50 -63 -00 -6274 Safety Equipment
50 -63 -00 -6366 Rental Equipment
50 -63 -00 -6744 Miscellaneous Equipment
50 -63 -00 -6749 Fire Hydrants
50 -63 -00 -6760 Water Taps
Wt63 -00 -6761 Sewer Taps
cation for amendment with course of action if amendment is not approved:
183
Amount
90
4,000
Amount
300
100
200
300
140
200
700
1 R
800
1,200
Departure ead Requesting Amendment Approved:
c O !Z-19 D
Date City Manager Date
Funds Available:
� Z�W�
My Treasurer Date
O
Approved by Council:
�---�
Date
BUDGET AMENDMENT REQUEST
FUND: General DEPARTMENT: Narcotics
Increase the following account(s):
6111 Overtime
6124 TMRS
6126 Social Security
6743 Furniture fixture, office equipment
Amount: ,
$1,831.00
$266.04
$140.07
$2,103.00
TOTAL: $4,340.11
Decrease the following account(s): Amount:
6393 Contractual Services $2,237.11
6747 Radio & Radar equipment $2,103.00
TOTAL: $4,340.11
Justification for amendment with course of action if amendment is not approved:
Comp time conversion to overtime for Gary Porter and purchase of items not budgeted.
Department Head Approved:
Requesting Amendment:
%. ll Qd G
Date City Manager D6te
Funds Available: Approved by Council:
4 l
City Tr surer Date Date
1
1
185-
ORDINANCE NO. 2000 -16
AN ORDINANCE AMENDING THE 1999 -00 BUDGET IN
ACCORDANCE WITH THE BUDGET AND THE CHARTER
OF THE CITY OF NEDERLAND.
WHEREAS, the City Council previously approved Ordinance No. 1999 -06 which adopted
the 1999 -00 City Budget; and,
WHEREAS, the City Council of the City of Nederland deems it necessary to amend the
current budget to make additional expenditures as areset out in Attachment "A" attached hereto; and,
WHEREAS, the 1999 -00 City of Nederland budget states, "That any unencumbered funds
remaining on hand at the end of the fiscal year ending September 30, 1999, shall be construed with
and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
1999 and ending September 30, 2000, and such funds are hereby appropriated as a City Council
Contingency Account for purposes approved by the City Council."
WHEREAS, it has been determined that such funds are available and can be used for the
expenditures as are set out in Attachment "A" attached hereto; and,
WHEREAS, the City Council finds that the budget for 1999 -00 fiscal year should be
amended to allow the expenditures as are set out in Attachment "A ", provided such expenditures are
made from the contingency account asset forth in Ordinance 1999 -06 adopting the budget for 1999-
2000.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT all ordinances and parts ofordinances in conflict herewith are expressly repealed.
THAT the City Secretary shall file a true copy of this ordinance and said budget amendment
with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the
Local Government Code.
THAT, this being an ordinance not requiring publication, it shall take effect and be in force
from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland at a
regular meeting this the 25ih day of September, A.D., 2000.
Homer Nagel, Mayor
City of Nederland, Texas
ATTEST:
&W.-, ---'a't')
LaDonna Floyd, City Secretary
City of Nederland, Texas
APPROVED AS AS TO FORM AND LEGALITY:
chard 4/
�ichard D. Hughes, Oity Attorney
City of Nederland, Texas
186
BUDGET ORDINANCE AMENDMENT - ATTACHMENT A
WATER & SEWER FUND
'
Amend Water & Sewer Fund by appropriating unencumbered funds remaining at 9 -30 -99 in the
amount of $75,000.00 and increase line items as detailed below.
Water & Scwer Distribution
Increase 50 -63 -00 -6111 Overtime
$50,000.00
Increase 50 -63 -00 -6124 TMRS
$8,000.00
Increase 50 -63 -00 -6126 Social Security
$3,000.00
This item more accurately reflects actual charges to W & S Distribution work.
Excessive
overtime is due to drought during the summer months.
Increase 50 -63 -00 -6222 Motor Vehicle Fuel
$4,000.00
This item reflects an increase in work associated with excessive water leaks and the higher cost
of fuel.
Increase 50 -63 -00 -6247 Water & Sewer Mains
$10,000.00
Due to an excessive amount of water leaks.
SOLID WASTE FUND
Amend Solid Waste Fund by appropriating unencumbered funds remaining at 9 -30 -99 in the
amount of $90,000.00 and increase line items as detailed below.
Solid Waste
Increase 52 -33 -00 -6111 Overtime $9,000.00
Major vehicle problems on garbage and trash trucks, excessive volume of trash, and absence of
employees led to additional overtime costs to finish routes.
Increase 52 -33 -00 -6258 Motor Vehicle Supplies $16,000.00
Major vehicle problems on garbage and trash trucks, excessive volume of trash, and absence of
employees led to additional overtime costs to finish routes.
Increase 52 -33 -00 -6390 Waste Disposal $40,000.00
Excessive volume of garbage and trash discarded by citizens caused over expenditure
Increase 52 -33 -00 -6397 Green Waste Disposal $25,000.00
Excessive volume of green waste was discarded by citizens
1
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
' 5:00 p.m. September 29, 2000
1. CALL MEETING TO ORDER
The meeting was called to order at 5:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Nugent and seconded by
Councilmember Sawyer to approve the minutes of the September 25, 2000
meeting as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton and Nugent.
Noes: None.
3. APPOINTMENT
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer
to appoint Judy Radcliff to the Council Ward III position to fill the unexpired
term of Mike Radcliff. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton and Nugent.
Noes: None.
4. OATH OF OFFICE
LaDonna Floyd, City Secretary, administered the Oath of Office to Judy Radcliff
for the Council Ward III position.
5. ADJOURNMENT
A motion was made by Mayor Nagel and seconded by Councilmember Clayton
to adjourn the meeting at 5:06 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
' ATTEST:
(40""n c�'V'y.0
LaDonna Floyd, City tecretary
18
18 q,
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
Joe Clayton
Council Member - Ward 2
c l ud�{ �aclel C
Council Member -Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
✓
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
j
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
f
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Gallows
Assistant to the Ci Mana er
r9��P� � ✓ ( D✓Q�
-T%
Mayor
City Secretary
7- -) -, -c1:
Date
f
1
1 ::�3
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. October 9, 2000
1. CALL THE MEETING TO ORDER
The meeting was called to order at 3:00 p.m. by Mayor Pro Tern Sawyer at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Nugent and seconded by Mayor Pro
Tern Sawyer to approve the minutes of the Special Meeting of September 29,
2000 as written. MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton.
1 3. PROCLAMATIONS
Mayor Pro Tern Sawyer presented a proclamation to Fire Chief Mike Lovelady
declaring October 8 -14, 2000 as "Fire Prevention Week ". Chief Lovelady
thanked the Council for the proclamation. He invited everyone to attend the
Open House at the Fire Station on October 10, 2000.
A motion was made by Mayor Pro Tem Sawyer and seconded by
Councilmember Nugent to approve the proclamation declaring October 8 -14,
2000 as "Fire Prevention Week" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton.
Mayor Pro Tern Sawyer presented a proclamation to Dr. Sue Garcia declaring
October 21, 2000 as "Mid- Jefferson County Pilot Club Day ". Dr. Garcia
thanked the Council for the proclamation.
A motion was made by Councilmember Nugent and seconded by Mayor Pro
'
Tern Sawyer to approve the proclamation declaring October 21, 2000 as "Mid -
Jefferson County Pilot Club Day" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton.
1 q (j Minutes continued, October 9, 2000
4. REQUEST
A motion was made by Councilmember Nugent and seconded by '
Councilmember Radcliff to approve the request from the Nederland Heritage
Festival Foundation to construct a cover over the concrete slab located in Tex
Ritter Park. MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton.
5. ORDINANCES
A motion was made by Councilmember Nugent and seconded by Mayor Pro
Tern Sawyer to approve an Amendment to and Restatement of Ordinance No.
2000 -12, authorizing the issuance of "City of Nederland, Texas, Tax
Anticipation Notes, Series 2000;" specifying the terms and features of said
Noes; levying a continuing direct annual ad valorem tax for the payment of the
principal of and interest on said Notes; and resolving other matters in
connection therewith. MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton. '
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Nugent to approve Ordinance No. 2000 -15, amending Section
70 of the Code of Ordinances governing geophysical /seismic testing, contingent
upon adding the requirement that all pipeline companies within the area to be
notified of testing. MOTION CARRIED.
Ayes: Mayor Pro Tem Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton.
6. PERMIT
A motion was made by Councilmember Nugent and seconded by
Councilmember Radcliff to postpone the request from Aspect Resources to
obtain a Seismic Permit from the City of Nederland. MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton.
r
Minutes continued, October 9, 2000
191
7. WATER LINE
Andre' Wimer, City Manager, reported that in order for the City of Nederland to
be able to accept the water line on Patillo Road we will need to amend the
City's water Certificate of Convenience and Necessity to include the termination
point of this water line as it currently exists. He added that due to the City of
Port Arthur's unwillingness to release that portion of their extraterritorial
jurisdiction the amendment of the CCN would be in the best interest of the City.
Mr. Wimer stated that City staff will proceed with obtaining a right -of -way to
gain access to this line.
8. SPECIAL EVENTS
A motion was made by Mayor Pro Tem Sawyer and seconded by
Councilmember Radcliff to authorize the closure of 14`h Street, from Boston
Avenue to Chicago Avenue, on October 10, 2000, from 5:00 p.m. -8:00 p.m.,
for Fire Protection Week activities. MOTION CARRIED.
Ayes: Mayor Pro Tem Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton.
A motion was made by Councilmember Nugent and seconded by
Councilmember Radcliff to authorize the closure of 20`h Street, from Nederland
Avenue to Avenue B, and Avenue A, from 20`h Street to 2151 Street, on October
22, 2000, from 8:00 a.m. - 5:00 p.m., for First Baptist Church activities.
MOTION CARRIED.
Ayes: Mayor Pro Tem Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton.
PAYMENTS
A motion was made by Councilmember Nugent and seconded by Mayor Pro
Tem Sawyer to approve payment to d.p. Consulting Engineers, Inc. as follows:
$5,031.33, Upper Main "C" drainage improvements; $3,117.65, Boston
Avenue pavement rehabilitation project; and, $7,090.00, Boston Avenue
landscaping. MOTION CARRIED.
Ayes: Mayor Pro Tem Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
' Absent: Mayor Nagel and Councilmember Clayton.
192 Minutes continued, October 9, 2000
A motion was made by Mayor Pro Tern Sawyer and seconded by Council -
member Radcliff to approve payment to Hart Construction in the amount of
$ 143,403.91, west annexation water and sewer improvements, Phase 1. I
MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel and Councilmember Clayton.
Councilmember Joe Clayton arrived at the meeting at 3:45 p.m.
A motion was made by Mayor Pro Tern Sawyer and seconded by Council -
member Radcliff to approve payment of the bills for the month of September.
MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers Clayton, Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel.
10. EXECUTIVE SESSION
The regular meeting was recessed at 3:53 p.m. by Mayor Pro Tern Sawyer for
the purpose of conducting an Executive Session as authorized by Texas Govern-
ment Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or '
release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf
States, Entergy, Inc. and Entergy Services, Inc.; consultation with City Attorney
regarding Norman Highway Constructors, Inc.; and possible litigation against
KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant.
11. RECONVENE
The regular meeting was reconvened at 4:11 p.m. by Mayor Pro Tern Sawyer.
He announced that the Executive Session was held for informational purposes
only.
12. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that he attended a meeting this morning
on the junior water rights. He stated that the area delegation will be monitoring
the report to the Texas Water Development Board and our delegates are
recommending that we voice opposition to the Board regarding the elimination
of junior water rights. Mr. Wimer also reminded the Council of the Planning and I
Zoning Commission's Public Hearing on rezoning to be held Tuesday, October
1 0tH
Minutes continued, October 9, 2000
Councilmember Clayton reminded the Council of the annual Employee
Appreciation Dinner sponsored by the Knights of Columbus to be held October
' 24 " at the KC Hall.
13. ADJOURNMENT
A motion was made by Mayor Pro Tern Sawyer and seconded by Council -
member Nugent to adjourn the meeting at 4:15 p.m. MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers Clayton, Radcliff and Nugent.
Noes: None.
Absent: Mayor Nagel.
ATTEST:
LaDonna Floyd, City Se retary
City of Nederland, Texas
a g
.......,;;nu����.
1
Robbrt Sawyer, Mayo ro Tern
City of Nederland, Texas
193
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
i
Robert Sawyer
Council Member - Ward 9
Joe Clayton
Council Member- Ward 2
Judy Radcliff
Council Member - Ward 3
Dick Nugent
Council Member- Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
,/
Billy Neal
Police Chief
,/
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
t/
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Gallows
Assistant to the City Manager
i
Mayor
Z{ity Secretary
�C, -
O C�
Date
1
L r-7
5:00 p.m.
1
K
3
L
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
CALL MEETING TO ORDER
October 23, 2000
The meeting was called to order at 5:05 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
DEVELOPMENTS
A motion was made by Mayor Nagel and seconded by Councilmember Nugent
to approve the final plat of Hamilton Court Subdivision as recommended by the
Planning and Zoning Commission. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
PUBLIC HEARING
The special meeting was recessed at 5:08 p.m. by Mayor Nagel for the purpose
of conducting a Joint Public Hearing with the Planning and Zoning Commission
for the purpose of receiving questions and /or comments regarding the proposed
zoning ordinance.
Mayor Nagel asked for any recommendations from the Council.
Councilmember Clayton recommended that the area from 14`h Street to the Gulf
States Utilities right -of -way and Chicago to Helena that was proposed as C1 -
Office Commercial be zoned R1 - Single Family.
Patsy Toups, 807 - 14`h Street, thanked the City Council, city staff, and
Planning and Zoning Commission for listening to their concerns with the
proposed zoning and taking their request to zone this area as R1 into
consideration.
Jeff Campbell, 720 - 15 " Street, stated that he moved to this area of town
because of its nice residential environment and also thanked the City Council,
city staff, and Planning and Zoning Commission for their consideration in this
matter.
195
lqf-,
Minutes continued, October 23, 2000
Councilmember Radcliff recommended that Lot 11, Block 5, of Hillcrest 2nd
Acres (South 29th Street) be zoned R2, Multi Family, rather than the proposed
R3, Apartment. Councilmember Sawyer suggested that the other two large
tracts on South 29 " Street also be zoned R2, as well as the four tracts between ,
Avenue G to the drainage ditch north of Avenue D just west of South 27"
Street.
Gil Cadena, 916 South 29th Street, addressed the Council to state that as the
owner of Lot 11, Block 5, Hillcrest 2nd Acres, he is in favor of the R3 zoning.
He added that he would like to be able to build some condominiums with four
apartments upstairs and four downstairs, but would be prohibited from doing
so with the R2 zoning.
Van Williams, 3017 Avenue H, presented a petition signed by most of the
property owners in this area requesting that all property along South 29" Street
be zoned R2. They feel that the traffic along South 29th Street would increase
tremendously with the construction of apartments. He thanked the City Council
for their consideration in this matter.
Donna Spires, 1015 South 29th Street, stated that she is also opposed to the
proposed R3 zoning. She conducted a survey of apartments in Nederland and
found that most of them have vacancies, therefore, she doesn't see the need
for additional apartments. Mrs. Spires added that she lives across the street ,
from where Mr. Cadena would like to build these apartments and does not want
to see them constructed. She also stated that she already has a mobile home
park directly behind her that does not maintain their fence or the appearance of
the park. The traffic along South 29 " Street is already a problem with people
trying to get from Avenue H to Hwy. 365 and apartments would only increase
the traffic flow.
Mayor Nagel stated that the Nederland Economic Development Corporation
offered an incentive for the construction of apartments within Nederland and the
offer was rescinded because no one appeared to be interested.
Charles Collazo, 3008 Avenue J, also opposed the R3 zoning because of traffic
problems and the close proximity to Hillcrest Elementary School.
Andrea Broussard, 2904 Avenue J, addressed the Council on behalf of her
parents who were unable to attend, stating their opposition to the R3 zoning.
Jean Gunn, 1012 South 29th Street, opposed the R3 zoning not only because
of traffic but also potential drainage problems.
Councilmember Radcliff recommended that all three tracts along South 29th
Street be zoned R2 instead of the proposed R3. I
Minutes continued, October 23, 2000
Andre' Wimer, City Manager, stated that the Nederland Economic Development
Corporation has requested that the "Equipment Yard and Warehouse" permitted
' use be eliminated from the Permitted Use Table of the ordinance. Mr. Wimer
added that the other concern previously discussed was the home health care
facilities and the City Attorney has researched this matter and the proposed
ordinance is consistent with State and Federal statutes.
There being no further questions and /or comments the Joint Public Hearing was
adjourned at 6:02 p.m. by Mayor Nagel.
4. ORDINANCE
A motion was made by Councilmember Sawyer and seconded by
Councilmember Clayton to approve Ordinance No. 2000 -17, zoning regulations,
contingent upon changing the zoning classifications of the three tracts of land
along South 29th Street from R3 to 132; changing the zoning classification of the
tract of land between Avenue G to north of Avenue D from R3 to R2; changing
the zoning classification of the area from 14t' Street to the Gulf States Utilities
right -of -way from Chicago to Helena from the C1 to R; and, the elimination of
the "equipment yard and warehouse" permitted use. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
1 Noes: None.
5. ADJOURNMENT
A motion was made by Mayor Nagel and seconded by Councilmember Nugent
to adjourn the meeting at 6:07 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
ATTEST:
' LaDonna Floyd, City Secretary
City of Nederland, Texas
Homer E. Nagel, Mayor
City of Nederland, Texas
197
1 y >i
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
V1,
Robert Sawyer
Council Member - Ward 9
Joe Clayton
Council Member- Ward 2
Judy Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
/
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
,/
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
Mayor
City Secretary
/0- -3,3 _
Date
E
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. October 23, 2000
CALL MEETING TO ORDER
The meeting was called to order at 6:15 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Nugent and seconded by
Councilmember Sawyer to approve the minutes of the October 9, 2000 meeting
as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
' 3. REQUEST
Andre' Wimer, City Manager, stated that Jim McKinney, 1412 Avenue E, had
requested to be placed on the agenda to address Council regarding the condition
of his street. Mr. Wimer added that Avenue F repairs were included in this
year's budget and if Council desires the funds could be used for Avenue E
instead of Avenue F.
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff
to approve the request of Jim McKinney, 1412 Avenue E, regarding street
repairs, by using budgeted funds to repair Avenue E instead of Avenue F.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
4. PERMIT
A motion was made by Councilmember Sawyer and seconded by Council -
member Nugent to approve the Seismic Permit Application of Aspect Resources,
' contingent upon the insurance being provided on the proper form and a copy of
the final testing map being included with the application. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
2. 0 0 Minutes continued, October 23, 2000
5. CONTRACTS /AGREEMENTS
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff ,
to approve Resolution 2000 -16, approving a contract with the Texas
Department of Transportation for the Boston Avenue rehabilitation project.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
6. ORDINANCE
A motion was made by Councilmember Sawyer and seconded by
Councilmember Clayton to approve Ordinance No. 2000 -13, amending Chapter
86, Section 86 -36, heavy accumulations of trash. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
7. RESOLUTION
A motion was made by Councilmember Nugent and seconded by Mayor Nagel
to approve Resolution 2000 -15, ordering the redemption of City of Nederland,
Texas Tax Anticipation Note, Series 2000. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
8. BIDS /PROPOSALS
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer
to award bids for water inventory items to Golden Triangle Pipe, Beaumont, TX,
in the amount of $118,018.01. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Council -
member Clayton to award bids for wastewater inventory items to Golden
Triangle Pipe, Beaumont, TX, in the amount of $24,487.50. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
1
Minutes continued, October 23, 2000
1c! ;
A motion was made by Councilmember Sawyer and seconded by Council -
member Nugent to award bids for water and wastewater chemicals as follows:
DXI Industries, Inc., Houston, TX, chlorine - $0.1380/lb; Harcross Chemicals,
Inc., Houston, TX, 23% hydroflousilicic - $0.1055/lb; LaRoche Industries, Inc.,
Atlanta, GA, anhydrous ammonia - $0.2400 /lb; DXI Industries, Inc., Houston,
TX, 50/50 caustic blend - $205.51/wet ton; and Chemcomm, Inc., Houston,
TX, ammonia bisulfite - $0.0550 /lb. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilmember Clayton
to authorize the purchase of two (2) cars for the Police Department from HGAC
in the amount of $40,717.68. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel
to authorize the purchase of one (1) pickup for the Police Department from
HGAC in the amount of $19,553.28. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilmember Nugent and seconded by Mayor Nagel
to authorize the purchase of one (1) flat bed truck for the Street Department
from HGAC in the amount of $36,863.53. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by
Councilmember Clayton to authorize the advertisement of bids for a mini
excavator for the Public Works Department. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
9. CHANGE ORDERS
A motion was made Mayor Nagel and seconded by Councilmember Nugent to
approve Change Order No. 1 with Schaumburg & Polk, Inc., water and
wastewater improvements in the west annexation area, Phase 1, in the amount
of + $16,500.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
Minutes continued, October 23, 2000
A motion was made by Councilmember Sawyer and seconded by Council -
member Clayton to approve Change Order No. 1 with Hart Construction, water
and wastewater improvements in the west annexation area, Phase 1, in the I
amount of + $37,718.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
10. PAYMENTS
A motion was made by Councilmember Nugent and seconded by Council -
member Radcliff to approve payment to Schaumburg & Polk, Inc. as follows:
$3,403.61, west annexation area water and sewer improvements; $528.06,
1999 -2000 collection system rehabilitation (year 2); $981.02, wastewater
system improvements (Wastewater Treatment Plant); and, $150.00, Nederland
Avenue resurfacing. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
A motion was made by Councilmember Clayton and seconded by Council -
member Sawyer to approve payment to Fugro South, Inc. in the amount of
$276.25, Year 2 collection system rehabilitation geotechnical study. MOTION
CARRIED. I
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
11. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilmember Nugent
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
12. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that he was approached by some city
employees requested that the City amend the policy of paying retirees insurance
premiums. Mr. Wimer stated that the City's current policy allows for a
percentage of the premiums to be paid until they reach age 65. Mayor Nagel
stated that he feels that due to the cost factor the current policy of sufficient.
�J
Minutes continued, October 23, 2000
Don Pumphrey, Entergy, asked for the City's support in getting utilities exempt
from the recent "hours of service" law that was put into effect by Texas
Department of Transportation. The law would regulate the hours that utility
companies could provide service, and he feels that in the case of an emergency
the customers would be the ones to suffer the most.
13. ADJOURNMENT
A motion was made by Mayor Nagel and seconded by Councilmember Nugent
to adjourn the meeting at 7:35 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
ATTEST:
nwA
LaDonna Floyd, City Secretary
City of Nederland, Texas
1
Homer E. Nagel, Mayor —�
City of Nederland, Texas
203
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
Joe Clayton
Council Member- Ward 2
✓
Judy Radcliff
Council Member - Ward 3
Dick Nugent
Council Member- Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
j
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
,/
Rod Hatch
Building Official
f
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
Mayor
�itycretary
/0 -_:2
Date
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. November 13, 2000
1. CALL MEETING TO ORDER
The meeting was called to order at 3:00 p.m. by Mayor Pro Tern Sawyer at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Nugent and seconded by
Councilmember Clayton to approve the minutes of the October 23, 2000
meeting as written. MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers, Clayton, Radcliff and Nugent.
Noes: None. Absent: Mayor Nagel.
' 3. PUBLIC HEARING
The regular meeting was recessed and a Public Hearing was called to order at
3:03 p.m. by Mayor Pro Tem Sawyer for the purpose of receiving questions
and /or comments concerning adoption of an ordinance to amend the boundary
of the Beaumont /Nederland /Jefferson County Enterprise Zone (Enterprise Zone
EZ239- 010998- BNJC).
Andre' Wimer, City Manager, explained that Jefferson County has requested
that the Enterprise Zone boundaries be expanded to include additional area in
Beaumont in order to accommodate a new call center in Beaumont.
There being no questions and /or comments the Public Hearing was adjourned
and the regular meeting was reconvened at 3:04 p.m. by Mayor Pro Tern
Sawyer.
4. PRESENTATION
Rick Williams, Chairman, Tom Lee, Jr., and Jack Porter, representatives of the
Nederland Charter Review Commission were present to answer any questions
regarding the proposed charter changes recommended by the Commission.
-" h,
ti Minutes continued, November 13, 2000
Mayor Pro Tem Sawyer commended the Commission for their efforts and
prompt attention to this matter. He added that the proposed changes were long
overdue and further praised the Commission for their work on this project.
A motion was made by Councilmember Nugent and seconded by Mayor Pro
Tem Sawyer to accept the recommendations of the Charter Review Commission
up to this date. MOTION CARRIED.
Ayes: Mayor Pro Tem Sawyer, Councilmembers, Clayton, Radcliff and Nugent.
Noes: None. Absent: Mayor Nagel.
5. ORDINANCES
A motion was made by Mayor Pro Tem Sawyer and seconded by
Councilmember Clayton to approve Ordinance No. 2000 -20, amending the
boundary of the Beaumont /Nederland /Jefferson County Enterprise Zone.
MOTION CARRIED.
Ayes: Mayor Pro Tem Sawyer, Councilmembers, Clayton, Radcliff and Nugent.
Noes: None. Absent: Mayor Nagel.
A motion was made by Councilmember Radcliff and seconded by
Councilmember Nugent to approve an Amendment to Ordinance No. 107, stop
signs. MOTION CARRIED.
Ayes: Mayor Pro Tem Sawyer, Councilmembers, Clayton, Radcliff and Nugent.
Noes: None. Absent: Mayor Nagel.
A motion was made by Councilmember Nugent and seconded by Mayor Pro tem
Sawyer to approve Ordinance No. 2000 -19, affecting participation of City
employees in the Texas Municipal Retirement System; granting additional rights,
credits and benefits. MOTION CARRIED.
Ayes: Mayor Pro Tem Sawyer, Councilmembers, Clayton, Radcliff and Nugent.
Noes: None. Absent: Mayor Nagel.
6. RESOLUTION
A motion was made by Councilmember Sawyer and seconded by
Councilmember Clayton to approve Resolution 2000 -17, adopting guidelines and
criteria for tax abatements in Reinvestment Zone Number One. MOTION
CARRIED.
Ayes: Mayor Pro Tem Sawyer, Councilmembers, Clayton, Radcliff and Nugent.
Noes: None. Absent: Mayor Nagel.
1
1
1
Minutes continued, November 13, 2000
7. FINANCE - INVESTMENT REPORTS
Cheryl Dowden, City Treasurer, reviewed the Quarterly Investment Report.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Nugent to accept the Quarterly Investment Report (see
attached) as presented by Cheryl Dowden, City Treasurer. MOTION CARRIED.
Ayes: Mayor Pro Tern Sawyer, Councilmembers, Clayton, Radcliff and Nugent.
Noes: None. Absent: Mayor Nagel.
8. RECESS
Mayor Nagel arrived at the meeting and Mayor Pro Tern Sawyer called for a
recess at 3:20 p.m.
9. RECONVENE
The regular meeting was reconvened at 3:30 p.m. by Mayor Nagel.
10. FINANCE - INVESTMENT REPORTS
Cheryl Dowden, City Treasurer, reviewed the Annual Investment Report.
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel
to accept the Annual Investment Report (see attached) as presented by Cheryl
Dowden, City Treasurer. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
Andre' Wimer, City Manager, stated that cities are required by law to review
their Investment Policy. He added that no changes are recommended at this
time.
A motion was made by Councilmember Nugent and seconded by Mayor Nagel
to continue utilizing the City's current Investment Policy. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
FINANCE - INVESTMENT REPORTS
1 Cheryl Dowden, City Treasurer, reviewed the Annual Investment Report.
207
208
Minutes continued, November 13, 2000
A motion was made by Mayor Pro Tern Sawyer and seconded by ,
Councilmember Nugent to accept the Annual Investment Report as presented
by Cheryl Dowden, City Treasurer. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
11. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Radcliff and seconded by
Councilmember Clayton to approve renewing a contract with Wells Fargo Bank
for banking services for two years beginning January 1, 2001. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
12. BIDS /PROPOSALS
A motion was made by Councilmember Clayton and seconded by Council -
member Nugent to authorize advertisement of bids for drainage improvements. I
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Clayton to authorize the purchase of garbage containers from
HGAC in the amount of $11,980.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
13. PAYMENTS
A motion was made by Councilmember Nugent and seconded by
Councilmember Radcliff to approve payment to d.p. Consulting Engineers, Inc.
as follows: $1,836.80, Boston Avenue landscaping project; and, $11,872.89,
Upper Main "C" drainage improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
1
Minutes continued, November 13, 2000
A motion was made by Mayor Nagel and seconded by Councilmember Nugent
to approve payment to Schaumburg & Polk, Inc. as follows: $178.58, 1999-
' 2000 collection system rehabilitation (Year 2); $8,909.37, west annexation
area water and sewer improvements; $4,469.42, wastewater system
improvements (Wastewater Treatment Plant); and, $3,624.89, Nederland
Avenue resurfacing. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Clayton to approve payment to Hart Construction in the amount
of $117,630.54, west annexation, Phase 1. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilmember Nugent
to approve payment to Excavators & Constructors, Inc. in the amount of
$36,664.20, Nederland Avenue repairs. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel
to approve payment of the bills for the month of October. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
14. ORDINANCE
Richard Hughes, City Attorney, stated that after reviewing the ordinance
ordering the charter change election he feels that there are some minor changes
that should be made to the proposed amendments and the charter propositions.
He added that these changes are necessary in the event that one proposition
passes and the subsequent ones fail, or vice versa. These changes will serve
to clarify some language.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Sawyer
to approve Ordinance No. 2000 -18, calling for a special election to be held
January 20, 2001 for the purpose of submitting proposed amendments to the
City Charter of the City of Nederland to the voters; and, appointing election
officials; contingent upon the recommended changes by the City Attorney being
made and his final approval. MOTION CARRIED.
' Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
910 Minutes continued, November 13, 2000
15. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilmember Nugent I
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
16. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the City's TCDP project was ranked
8`h out of 16 proposals submitted to the Regional Review Committee. The
State will score all the projects and the combined ranking will determine if
funding is received.
Mayor Nagel introduced Chester Jourdan who is the new Executive Director of
the South East Texas Regional Planning Commission. Mr. Jourdan stated that
he is looking forward to working with Nederland and continuing the relationship
with all the area entities.
17. ADJOURNMENT
A motion was made by Mayor Nagel and seconded by Councilmember Nugent ,
to adjourn the meeting at 4:10 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
C�4LL =e gi
LaDonna Floyd, City Secretary
City of Neg0ptV td%Zpxas
1
u
I
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
i/
Robert Sawyer
Council Member - Ward 9
,✓
Joe Clayton
Council Member- Ward 2
✓
Judy Radcliff
Council Member - Ward 3
,✓
Dick Nugent
Council Member - Ward 4
✓
Andre' Wimer
City Manager
�✓
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
✓
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
✓
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
✓
Mayor
City Secretary r
1t -i3-
Da to
_ r
2l?
Homer E. Nagel, Mayor
Robert Sawyer, Mayor Pro tern
Joe Clayton, Councilmember
Nederland Judy Nugent, ft, Councilmember
City of Nederland
R.A.'Dick" Nugent, Councilmember
Andre Wimer, City Manager
P.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -10
Investment Report
For the Quarter Ending September 30, 2000
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
i --
Andre' Wimer, City Manager
Cheryl D wden, City Treasurer
L
"Programmed for Progress"
1
I
1
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending September 30, 2000
Investments at Beginning of Period (7 -1 -00)
Purchases
Maturities
Investments at End of Period (9- 30 -00)
Maturity Summary at September 30T2-0-0-0--]
?13.
$18,317,399.62
12,510,472.21
14,157,666.01
$16,670,205.82
W Less than 3 months
0 3 to 6 months
M 7 to 9 months
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending September 30, 2000
General Fund
Library Fund
Water & Sewer Fund
Motel Occupancy Tax Fund
Solid Waste Fund
Capital Outlay Fund
Drainage Construction Fund
CDBG #716591
Police Narcotics Fund
SRF Escrow Fund
MCML Dispatch
Equipment Replacement Fund
Economic Development Fund
Parks & Recreation Special Fund
Bond Redemption Fund
Balance C Balance @
7 -1 -00 Purchases Maturities 9 -30 -00
3,024,006.50 33,576.76 1,000,000.00 2,057,583.26
95,720.33 1,359.00 70,000.00 27,079.33
2,195,905.69 278,738.17 500,000.00 1,974,643.86
9,207.82 152.75 9,360.57
86,276.34 1,352.93 87,000.00 629.27
571,927.37 9,424.83 70,000.00 511,352.20
0.00 6,500,000.00 3,300,000.00 3,200,000.00
0.00 0.00
35,602.89 590.63 36,193.52
9,887,720.26 5,683,438.79 6,826,666.01 8,744,493.04
564.34 9.36 573.70
3,982.79 62.47 4,000.00 45.26
2,300,000.00 2,300,000.00 0.00
19.50 0.33 19.83
106,465.79 1,766.19 108,231.98
18,317399.62 12,510,472.21 14,157,666.01 16,670.205.82
1
1
1
wty ui iveuertana
Investment Report Schedule
Investments for the Quarter ended September 30, 2000
CERTIFICATES OF DEPOSIT
Interest
Earned for
Quarter ended
Certificate Purchase Maturity Days to be Interest September 30,
Number Date Date held Rate Face Amount 2000
Maturing during quarter ended September 30, 2000
97839
06/16/00
07/14/00
32
5.18%
1,073,626.27
2,741.58
97841
06116100
07/15/00
32
5.08%
1,000,000.00
2,504.06
97815
04/27/00
07/26/00
90
6.00%
1,000,000.00
4,330.18
97758
01/31/00
07/29/00
180
5.59%
1,000,000.00
13,871.84
97759
01/31/00
07/29/00
180
5.59%
300,000.00
4,161.55
97761
02/07/00
08/05/00
180
5.66%
250,000.00
3,512.37
97769
02/10/00
08/08/00
180
5.63%
2,824,538.76
39,468.14
332352
07/18/00
08/19/00
32
5.9600%
1,078,500.98
5,634.20
332386
07/27/00
08/28/00
31
5.9100%
3,300,000.00
17,094.54
332733
08/08/00
09/09/00
32
6.1100%
1,000,000.00
5,355.92
Interest Earnings on Matured CDs for
quarter ended
September 30, 2000
98,674.38
Held at September 30, 2000
332741
08/08/00
10/07/00
60
6.0200%
1,500,000.00
13,112.05
332733
09/09/00
10 /11 /00
32
4.8800%
1,005,355.92
2,822.71
332808
08/21/00
10/20/00
60
6.0400%
1,084,135.18
7,176.08
97814
04/27/00
10/24/00
180
5.7400%
200,000.00
2,893.59
332816
08/28/00
11/26/00
90
6.1000%
300,000.00
1,654.52
97760
02/07/00
01/02/01
330
5.8100%
10,000.00
230.81
332691
08/07/00
02/01/01
178
6.3000%
250,000.00
2,330.14
332824
08/28/00
02/24/01
180
6.0600%
500,000.00
2,739.45
332832
08/28/00
04/25/01
240
5.9000%
1,000,000.00
5,334.25
332840
08/28/00
06/24/01
300
5.8000%
1,000,000.00
5,243.84
332857
08/28/00
08/23/01
360
5.8000%
400,000.00
2,097.53
Interest Earnings on CDs held at September
30, 2000
45,634.97
Total Certificates of Deposit
held at September 30, 2000
$7,249,491.10
4 t',
G.
Investment Report Schedule
Investments for the Quarter ended September 30, 2000
INVESTMENT POOL - TEXPOOL
Totals for TEXPOOL Investments S4,315,939.85 $92,480.13
I-]
Book Value
2,057,583.26
1,524,643.86
19.83
108,231.98
511,352.20
9,360.57
17,079.33
629.27
142,707.20
573.70
45.26
36,193.52
$4,408,419.98
1
Average
Days to
Interest
Market
Interest
Period Held
Maturity
Rate
Principal
Earned
General Fund
07/01/00
09/30/00
1
6.55%
2,024,006.50
33,576.76
Water & Sewer
07/01/00
09/30/00
1
6.55%
1,495,905.69
28,738.17
Parks & Rec. Fund
07/01/00
09/30/00
1
6.55%
19.50
0.33
Bond Redemp.
07/01/00
09/30/00
1
6.55%
106,465.79
1,766.19
Capital Outlay Fund
07/01/00
09/30/00
1
6.55%
501,927.37
9,424.83
Motel Occupancy
07/01/00
09/30/00
1
6.55%
9,207.82
152.75
Library Special
07/01/00
09/30/00
1
6.55%
15,720.33
1,359.00
Solid Waste Fund
07/01/00
09/30/00
1
6.55%
(723.66)
1,352.93
SRF Construction Fund
07/01/00
09/30/00
1
6.55%
127,260.49
15,446.71
MCML Dispatch
07/01/00
09/30/00
1
6.55%
564.34
9.36
Equipment Replacement Fund
07/01/00
09/30/00
1
6.55%
(17.21)
62.47
Police Narcotic Fund
07/01/00
09/30/00
1
6.55%
35,602.89
590.63
Totals for TEXPOOL Investments S4,315,939.85 $92,480.13
I-]
Book Value
2,057,583.26
1,524,643.86
19.83
108,231.98
511,352.20
9,360.57
17,079.33
629.27
142,707.20
573.70
45.26
36,193.52
$4,408,419.98
1
uity of iNenertana
Investment Report Schedule
Investments for the Quarter ended September 30, 2000
GOVERNMENT SECURITIES
Discount Notes & Treasury te held at September 30 2000
�7' P
U.S. Treasury Money Market
07/01/00 09/30/00 1
Average
Days to
Holding Period
Be Held
01/06/00 10/18/00
286
02/18/00 11/10/00
266
03/22/00 03/31/01
375
U.S. Treasury Money Market
07/01/00 09/30/00 1
Average
Quarter Ended
Interest
Principal
Rate
Invested
5.780%
2,480,610.89
5.900%
1,042,482.06
4.875%
1,437,324.32
22,055.54
4,960,417.27
5.900% 49,457.37
Interest Earned in
217
Interest
Quarter Ended
Earned Prior
September 30,
Market
Periods
2000
Principal
68,949.11
42,900.00
2,592,460.00
22,055.54
17,908.70
1,082,446.30
4,878.28
7,300.00
1,449,502.60
95,882.93
68,108.70
5,124,408.90
669.90 50,127.27
Total Interest Earned in Quarter Ended September 30, 2000 S68,778.60
Government Securities Held at September 30, 2000 S5,174,536.17
:l
1
213
%.«y ut iveueriana
Investment Report Schedule
September 30, 2000
Interest Earnings for Quarter Ended September 30, 2000
Bond Redemption Fund
51,766.19
Capital Outlay
9,424.83
Drainage Construction Fund
34,164.13
Equipment Replacement Funds
62.47
General Fund
36,080.82
Library Fund
1,589.81
MCML Dispatch
9.36
Motel Occupancy Tax Fund
152.75
Nederland Economic Development
22,363.57
Parks & Recreation Special Fund
0.33
Police Narcotic Account
590.63
Solid Waste Fund
1,352.93
SRF Escrow & Construction Funds
160,535.99
Water Fund
37,474.27
5305,568.08
1
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. November 27, 2000
1. CALL MEETING TO ORDER
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern
Sawyer to approve the minutes of the November 13, 2000 meeting contingent
upon amending the minutes to reflect review of both the Quarterly and Annual
investment reports in addition to the Investment Policy. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
3. RESOLUTIONS
A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember
Clayton to approve Resolution No. 2000 -18, supporting and endorsing the
application of the Jefferson County Sheriff's Department to apply for grant funds
from the Texas Narcotics Control Program. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to
approve Resolution No. 2000 -19, supporting litigation involving utility franchise
fees. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Nugent and seconded by Councilmember
Radcliff to approve Resoslution No. 2000 -20, approving the 2000 tax roll as
certified by the Jefferson County Tax Office. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
4. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Nugent and seconded by Mayor Nagel to
approve an agreement with Concrete Raising Corporation to raise two sections of
219
22£i
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
I PRESENTI
ABSENT
Homer Nagel
Mayor
✓
Robert Sawyer
Council Member- Ward 1
✓
Joe Clayton
Council Member- Ward 2
✓
Judy Radcliff
Council Member- Ward 3
✓
Dick Nugent
Council Member - Ward 4
✓
Andre' Wimer
City Manager
✓
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
✓
Billy Neal
Police Chief
V
Mike Lovelady
Fire Chief
✓
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
✓
Jim Weaver
Parks and Recreation Director
✓
Victoria Klehn
Librarian
✓
Kelly Galloway
Assistant to the City Manager
Mayor !�
i /I City Secretary
'7 -00
Date
1
1
1
Minutes continued, November 27, 2000
concrete pavement, one at 3316 Helena Avenue and one at 511 215` Street, at an
approximate cost of $5,427.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
5. BIDS /PROPOSALS
A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember
Clayton to authorize award of bid to United Rental for a mini excavator for the
Public Works Department in the amount of $17,909.58. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
6. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilmember Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
7. OFFICIALS' COMMENTS
Andre Wimer, City Manager, stated that Steve Hamilton had received a copy of
a letter that the TNRCC had written to Ronnie Crochet, Crochet Equipment
Company, Inc., regarding the incineration of green waste, and it appears that they
are comfortable with the equipment and schedule Mr. Crochet has proposed. Mr.
Wimer added that the attorneys for the Mid County cities are reviewing the
proposed contract which will be forwarded to Mr. Crochet for his consideration.
8. ADJOURNMENT
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Sawyer to
adjourn the meeting at 6:30 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Lois Coco, Acting City Secretary
City of Nederland, Texas
G 2 1!
2242
CITY OF NEDERLAND '
RESOLUTION NO. 2000 -18
WHEREAS, the Sheriff of Jefferson County has prepared a grant application to the Texas
Narcotics Control Program for continuation of the grant that funds the Narcotics Task Force; and
WHEREAS, the application proposes to continue the cooperative multi jurisdictional
Narcotics Task Force with the Police Departments in Nederland, Beaumont, Port Arthur, Groves,
and Port Neches, and the Orange County Sheriffs Department; and
WHEREAS, the federal funds available under the provisions of the National Anti-Drug
Abuse Act of 1988 are being administered and disbursed pursuant to a statewide strategy developed
by the Criminal Justice Division of the Governor's Office, and the application by the Jefferson
County Sheriffs Department would be an appropriate expenditure of said funds in response to the
statewide strategy and needs of the affected communities, to address the illegal drug trafficking
activities therein. The City of Nederland pledges to operate this Narcotics Task Force and the use
of this equipment in accordance with Criminal Justice Division and Texas Narcotics Control
Program rules and regulations and affirms that in the event of loss or misuse of Criminal Justice
Division funds, the City of Nederland assures that these funds will be returned to the Criminal
Justice Division in full.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City Council in a regular meeting duly convened and acting in its capacity as the
governing body ofNederland, Texas, supports and endorses the application of the Jefferson County
Sheriffs Department to apply for grant funds from the Texas Narcotics Control Program, as
administered by the Criminal Justice Division, Office of the Governor, to continue funding for the
Jefferson County Narcotics Task Force, and commits to provide the matching funds necessary to
comply with grant conditions.
PASSED AND APPROVED this the 27 day of 99 ff ?M .'2/ .2000.
(�
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
&111 C.OIL&I
Lois Coco, Acting City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Att eo— tx� y
City of Nederland, Texas
11
9a
CITY OF NEDERLAND
RESOLUTION NO. 2000 -19
A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS,
SUPPORTING LITIGATION INVOLVING UTILITY FEES IN
CAUSE NO. C- 4558- 95 -G(2); CITIES OF WESLACO &
MERCEDES, ON BEHALF OF THEMSELVES AND OTHER
SIMILARLY- SITUATED ENTITIES V. RIO GRANDE
VALLEY GAS COMPANY AND SOUTHERN UNION
COMPANY, DB /A/ SOUTHERN UNION GAS COMPANY; IN
THE 370TH JUDICIAL DISTRICT COURT OF HIDALGO
COUNTY, TEXAS; AND RESOLVING OTHER MATTERS
RELATED THERETO.
WHEREAS, the City of Nederland ( "the City ") has remained an unnamed class member in
the above referenced class action suit styled Cities of Weslaco & Mercedes, et. al., [originally styled
City of Pharr, et al.] vs. Rio Grande Valley Gas Company, et al.; and
WHEREAS, the City has remained an unnamed class member in the above referenced class
action suite and has kept itself informed about this class action suit; and
WHEREAS, the City continues to support and is interested in the adjudication of its similar
claims against the defendants in the above referenced suit in the exercise of our duty as good
stewards over the public treasury; and
WHEREAS, the City's individual damage claims still remain open for resolution in the
above referenced litigation, and it wishes to obtain a determination of the amounts that are due and
owing to the City; and
WHEREAS, the City continues to support the efforts to recover the amounts owed to the
City, if any, and desires its claims to be resolved in this case; and
WHEREAS, the City has been informed that there are efforts being undertaken to attempt
to decertify and/or prevent the resolution of the City's claims in the above referenced litigation
which efforts the City of Nederland opposes.
NOW, THEREFORE, BE IT RESOLVED that the City supports the above referenced
litigation and its efforts to recover amounts that may be due and owing to it by the defendants. We
hereby authorize the attorneys representing the Cities in the above referenced case to file all
necessary and appropriate pleadings and motions on our behalf to insure the reasonable resolution
of the City's damage claims against the defendants, including, but not limited to, the filing of
original petitions and petitions in intervention in the case to protect the City ofNederland's interests.
PELSSED AND APPROVED this A7 day of ')IOVi,Y � 2000
Homer E. Nagel, Mayor
City of Nederland, Texas
224
CITY OF NEDERLAND
RESOLUTION NO. 2000 -20
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND APPROVING THE
2000 TAX ROLL.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT pursuant to the Texas Property Tax Code, Section 26.09, that the City Council of the
City of Nederland hereby approves the attached 2000 tax roll.
PASSED AND APPROVED this the 27 day of 77n e.)' � . 2000.
ATTEST:
kgg� &u-
Lois Coco, Acting City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGAI=:
Richard D. Hughes, City A omey
City of Nederland, Texas
Homer E. Nagel, Mayor
City of Nederland, Texas
1
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. December 4, 2000
1. CALL MEETING TO ORDER
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tem Sawyer and seconded by Council -
member Clayton to approve the minutes of the November 27, 2000 meeting as
written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
3. PRESENTATION
Mayor Nagel presented plaques to Warden Chuck Biscoe of the Texas
Department of Criminal Justice Richard LeBlanc Unit, and Assistant Warden
Donna Williamson of the Larry Gist State Jail in appreciation for their
contribution to the community through the work release program for inmates.
Tom Hicklin, Nederland Police Department, expressed thanks to the units for the
work they have provided to the City. The inmates have worked many hours on
streets, sidewalks, curbs, and mowing of park grounds. Mr. Hicklin added that
the City looks forward to the continued success of these programs.
Mayor Nagel added that the City of Nederland appreciates the services provided
by the inmates and asked that they be informed of the satisfaction with the
projects they have completed.
4. STREETS AND SIDEWALKS
A motion was made by Councilmember Nugent and seconded by Mayor Nagel
to authorize the installation of a street light and pole at 1436 Avenue E.
' MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
226
Minutes continued, December 4, 2000
EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilmember Nugent '
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
6. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that Allco, Inc. will begin moving in soon
to begin work in the Wastewater Treatment Plant. He also stated that the 2nd
year of the SSES is scheduled to begin shortly after the holidays.
7. ADJOURN
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer
to adjourn the meeting at 3:15 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent.
Noes: None.
ATTEST:
C>- (ACS+
LaDonna Floyd, City Secretary
City of Nederland, Texas
X
Homer E. Nagel, Mayor
City of Nederland, Texas
1
If
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member - Ward 1
Joe Clayton
Council Member- Ward 2
Judy Radcliff
Council Member - Ward 3
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
Billy Neal
Police Chief
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Gallows
Assistant to the City Manager
✓
Mayor
City Secretary
(6L - 4-
Date
227
,)
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND I
6:00 p.m. December 18, 2000
CALL MEETING TO ORDER
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See
attached for quorum.
APPROVAL OF MINUTES
A motion was made by Mayor Pro Tem Sawyer and seconded by
Councilmember Clayton to approve the minutes of the December 4, 2000
meeting as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
PROCLAMATION
Mayor Nagel presented a Proclamation to Pastor Tom Johnson declaring
December 29, 2000 as "Pastor Tom Johnson Day" in Nederland. Mayor Nagel
asked that Pastor Johnson be congratulated on his retirement as Pastor of
Calvary Baptist Church where he has served for 25 years.
Pastor Johnson thanked the Mayor and City Council for the recognition.
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff
to approve the Proclamation declaring December 29, 2000 as "Pastor Tom
Johnson Day" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff,
Noes: None. Absent: Councilmember Nugent.
4. STREETS AND SIDEWALKS - STREET LIGHT REQUEST
Andre' Wimer, City Manager, stated that the City received a request for two
additional street lights in Kings Court. He advised that the street light requested
on Squire Lane does fall within the guidelines of the policy, but the one on
Knights Row falls below the 200 foot minimum guidelines. He is recommending
that the one on Squire Lane be approved.
Minutes continued, December 18, 2000
Bill Brennan, 304 Knights Row, addressed the Council relative to the street light
requests. He stated that they are requesting the additional lighting to help deter
crime in the area. Mr. Brennan added that the existing light on Jester Way is
very dim and glows an orange color rather than white.
Mayor Nagel informed Mr. Brennan that the City receives many street light
requests and if we do not enforce the policy then the City would be contacted
and expected to install lighting in other areas. He suggested that the City
contact Entergy to have the existing light on Jester Way checked for
illumination problems.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Radcliff to authorize the installation of a street light across from
1810 Squire Lane. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
RESOLUTION
A motion was made by Mayor Nagel and seconded by Councilmember Clayton
to approve Resolution 2000 -21, nominating West Telemarketing, Inc. as an
enterprise project. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
6. ORDINANCE
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel
to approve an Amendment to Ordinance No. 107, authorizing the installation of
stop signs at South 23`d Street @ Avenue B, and South 23`d Street @ Avenue
F. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
CHANGE ORDERS
A motion was made by Mayor Nagel and seconded by Councilmember Clayton
to postpone approval of Change Order No. 2 with Hart Construction, Inc. for
water and wastewater improvements in the west annexation areas, Phase I.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
- r. - a -
229
Minutes continued, December 18, 2000
A motion was made by Councilmember Clayton and seconded by Mayor Pro
Tern Sawyer to approve Change Order No. 1 with J & D Construction for the '
1999 -2000 wastewater collection system rehabilitation to extend the start date
of the project until after the first of the year. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
8. PAYMENTS
A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel
to approve payment to d.p. Consulting Engineers, Inc. as follows: $806.40,
Boston Avenue landscaping project; and, $22,841.93, upper Main "C" drainage
improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
A motion was made by Mayor Nagel and seconded by Councilmember Clayton
to approve payment to Schaumburg & Polk, Inc. as follows: $1,178.00,
Nederland Avenue surfacing corrections; $631.92, 1999 -2000 collection
system rehabilitation (Year 2); $14,714.36, west annexation area water and
sewer improvements; and, $5,762.42, wastewater system improvements '
(Treatment Plant). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
A motion was made by Mayor Pro Tern Sawyer and seconded by
Councilmember Radcliff to approve payment of the bills for the month of
November. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
9. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Sawyer
to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
10. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reminded the Council that City offices will be '
closed Monday, December 25" and Tuesday, December 26 ', in observance of
Christmas; and, January 1" in observance of New Year's Day.
Minutes continued, December 18, 2000
11. ADJOURN
There being no further business a motion was made by Mayor Nagel and
seconded by Councilmember Clayton to adjourn the meeting at 6:35 p.m.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Radcliff.
Noes: None. Absent: Councilmember Nugent.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Secretary
City of Nederland, Texas
— � M - Ift
231
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
Robert Sawyer
Council Member- Ward 9
Joe Clayton
Council Member - Ward 2
Judy Radcliff
Council Member- Ward 3
/
Dick Nugent
Council Member - Ward 4
Andre' Wimer
City Manager
LaDonna Floyd
City Secretary
Richard Hughes
City Attorney
/
Billy Neal
Police Chief
/
Mike Lovelady
Fire Chief
Cheryl Dowden
City Treasurer
Steve Hamilton
Director of Public Works
Rod Hatch
Building Official
Jim Weaver
Parks and Recreation Director
Victoria Klehn
Librarian
Kelly Galloway
Assistant to the City Manager
Mayor
City Secretary
Date
1
1
1
1
CITY OF NEDERLAND
RESOLUTION NO. 2000 -21
WHEREAS, the Texas Department of Economic Development ( "Department ") designated
the Beaumont/Nederland /Jefferson County Enterprise Zone (the "Zone ") on January 13, 1998; and
WHEREAS, Department will consider West Telemarketing, Inc. as an enterprise project
pursuant to a nomination and an application made by the City of Beaumont, Texas (the "City "); and
WHEREAS, the City of Nederland desires to pursue the creation of the proper economic and
social environment in order to induce the investment of private resources in productive business
enterprises located in the Zone and to provide employment to residents of the Zane and to other
economically disadvantaged individuals; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act,
Texas Government Code (the "Act "), West Telemarketing , Inc. has applied to the City and County
for designation as an enterprise project; and
WHEREAS, the City finds that West Telemarketing, Inc. meets the criteria for designation
as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds:
1. West Telemarketing, Inc. is a "qualified business" under Section 2303.402 of the Act
since it will be engaged in the active conduct of a trade or business in the Zone and at
least twenty -five percent (25.0 %) of the business' new employees will be residents of
a Zone within the City and County's jurisdiction or economically disadvantaged
individuals;
2. West Telemarketing, Inc. is located in the Zone, or has made a substantial commitment
to locate in the Zone, which has an unemployment rate of not less than one and one -
half (1 -1/2) times the state unemployment rate; (or a population loss of at least twelve
(1291a) percent during the most recent six -year period or a population loss of at least
four (49/.) percent for the most recent three -year period);
3. There has been and will continue to be a high level of cooperation between public,
private, and neighborhood entities within the Zone; and
4. The designation of West Telemarketing, Inc. as an enterprise project will contribute
significantly to the achievement of the plans of the City and County for development
and revitalization of the Zone.
WHEREAS, the City finds that West Telemarketing, Inc. meets the criteria for tax relief and
other incentives adopted by the City and nominates West Telemarketing, Inc. on the grounds that
it will be located wholly within the Zone, will create a higher level of employment, economic activity
and stability; and
WHEREAS, the City finds that it is in the best interest of the City to nominate West
Telemarketing, Inc. as an enterprise project pursuant to the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
That the findings of the City and its actions approving this resolution taken at the Council
meeting are hereby approved and adopted.
BE IT FURTHER RESOLVED that West Telemarketing, Inc. is a "qualified business ", as
defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise
project, as set forth in Section 2303, Subchapter F of the Act.
233
934
BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of
designation of the enterprise project by the department and terminate five (5) years after that date
of designation.
PASSED BY THE CITY COUNCIL of the City of Nederland on this / R44 day of
.A 1 2000.
Homer Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Se retary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hugh s, City Atorney
City of Nederland, Texas
C
1
WHEREAS, the City Council of the City of Nederland is of the opinion that additional
traffic control devices are required in order to properly regulate traffic and maintain safety on the
roads and streets of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the
following language:
ARTICLE VII.
SECTION 54 - STOP SIGNS
• 4 -way stop sign shall be erected at the intersection of South 23' Street and Avenue B.
• 4 -way stop sign shall be erected at the intersection of South 231 Street and Avenue F.
All vehicles must come to a complete stop before the stop sign or any designated crosswalk.
IARTICLE XVI.
SECTION 122 - PENALTY
Any person who intentionally, knowingly, or recklessly violates any provision of this
ordinance shall be deemed guilty of amisdemeanor, and shall on conviction thereofbe fined any sum
not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall
be considered a separate offense.
ARTICLE XVII.
SECTION 133 - EFFECTIVE DATE
This amendment to the ordinance shall be in full force and effect after publication as
provided by law.
PASSED AND PROVED BY THE CITY COUNCIL ofthe City ofNederland, Texas
on this the 19 day of c e 2000.
Homer E. Nagel, ,Mayor 47
City ofNederland, Texas
ATTEST:
LaDonna Floyd, City Secretary
City ofNederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard Hughes, City AttorRey
City ofNederland, Texas
3r
)
AN AMENDMENT TO ORDINANCE NO. 107
AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH
REGULATES TRAFFIC UPON THE PUBLIC STREETS OF
THE CITY OF NEDERLAND, PROVIDING FOR STOP
SIGNS, AND PROVIDING PENALTIES AND FINES FROM
ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS
($200.00).
WHEREAS, the City Council of the City of Nederland is of the opinion that additional
traffic control devices are required in order to properly regulate traffic and maintain safety on the
roads and streets of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the
following language:
ARTICLE VII.
SECTION 54 - STOP SIGNS
• 4 -way stop sign shall be erected at the intersection of South 23' Street and Avenue B.
• 4 -way stop sign shall be erected at the intersection of South 231 Street and Avenue F.
All vehicles must come to a complete stop before the stop sign or any designated crosswalk.
IARTICLE XVI.
SECTION 122 - PENALTY
Any person who intentionally, knowingly, or recklessly violates any provision of this
ordinance shall be deemed guilty of amisdemeanor, and shall on conviction thereofbe fined any sum
not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall
be considered a separate offense.
ARTICLE XVII.
SECTION 133 - EFFECTIVE DATE
This amendment to the ordinance shall be in full force and effect after publication as
provided by law.
PASSED AND PROVED BY THE CITY COUNCIL ofthe City ofNederland, Texas
on this the 19 day of c e 2000.
Homer E. Nagel, ,Mayor 47
City ofNederland, Texas
ATTEST:
LaDonna Floyd, City Secretary
City ofNederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard Hughes, City AttorRey
City ofNederland, Texas
3r
)