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2004REGULAR MEETING OF THE CITY COUNCIL OF THE ;, fJtj CITY OF NEDERLAND 3:00 p.m. January 12, 2004 1. 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. See attached for quorum. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember Radcliff to approve the minutes of the December 15, 2003 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 3. REQUEST Andre' Wimer, City Manager, stated that the City had received correspondence from Linda Nicholas, Nederland Girls Softball Treasurer, requesting reimbursement of their electric bills for 2002 and 2003. He added that since both FY 2001 -2002 and FY 2002 -2003 have been closed, staff was unable to approve the request. The other leagues normally request their reimbursement in late summer or early fall. If Council approves the payment it will be necessary to also prepare and approve a budget amendment at the next meeting. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve the request from the Nederland Girls Softball League for reimbursement of electric bills for the 2002 and 2003 seasons. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. GRANT Andre' Wimer, City Manager, stated that the South East Texas Regional Planning Commission receives funding from the State for distribution to governmental entities; this year, $126,164 is available for disbursement in the area. In the past, the cities of Nederland, Port Neches, and Groves have jointly submitted a grant application and utilized the funding to purchase composting bins and mail solid waste instructions /informational literature to citizens. Staff has recommended that this year the City of Nederland submit the grant application to purchase and install an electric gate with coded access for the old landfill site. The City continues to experience illegal dumping on this property which often creates problems for the green waste incinerator. The anticipated cost for the gate and installation is approximately $35,000. Minutes continued, January 12, 2004 A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve the submission of a grant application to the South East Texas Regional Planning Commission for a Solid Waste project. MOTION CARRIED. , Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. BUDGET A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve an amendment to the 2003 -2004 budget, Library Special Fund, to allow for reallocation of Hebert Foundation funds in the amount of $20,300 to the Books and Publications line item. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 6. BIDS /PURCHASES A motion was made by Councilmember sawyer and seconded by Mayor Pro Tern Nugent to authorize the purchase of a DiscChek system for the Marion & Ed Hughes Public Library in the amount of $6,170.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Nugent to authorize advertisement of bids for a SCBA filling station /breathing air compression system for the Fire Department. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. CHANGE ORDERS A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve Change Order No. 1 with DMS Painting, Inc., Canal Avenue elevated storage tank project, in the amount of +$1,400.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to accept the Wastewater Treatment Plant improvements construction by ALLCO, Inc. and authorize release of retainage, except that portion which amounts to the value of any outstanding items. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, January 12, 2004 8. PAYMENTS A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $3,375.76, wastewater system improvements (Treatment Plant); $1,880.76, wastewater system improvements (Treatment Plant); $5,263.78, 2002 -2003 collection system rehabilitation (Year 5); $5,892.14, 2002 -2003 collection system rehabilitation (Year 5); $1,872.00, smoke testing; $9,580.00, smoke testing; and $1,065.88, South 5`h Street sewer line rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve payments to d.p. Consulting Engineers, Inc. as follows: $1,906.00, upper Main "C drainage improvements; and, $1,75.00, Boston Avenue pavement rehabilitation and beautification project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve payment to Don S. Reichle & Associates, Inc. in the amount of $1,300.00, Canal Avenue elevated storage tank, Phase III, inspection services. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve payment to DMS Painting, Inc. in the amount of $1,985.00, Canal Avenue elevated storage tank painting, final. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve payments to Brystar Contracting, Inc. as follows: $70,261.77, wastewater collection system improvements (Year 4 & 5); and, $95,597.68, wastewater collection system improvements (Year 4 & 5). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Nugent to approve payment of the bills for the month of December. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Fill 003 (1(= Minutes continued, January 12, 2004 9. EXECUTIVE SESSION The regular meeting was recessed at 3:50 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., litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; and, consultation with City Attorney. 10. RECONVENE The regular meeting was reconvened at 4:00 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that Charles Lankford was re- elected to the Jefferson County Appraisal District Board of Directors. He also reported that staff attended a meeting with TxDOT concerning the frontage road project along Hwy. 69 and work should be started in the near future. 12. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to adjourn the meeting at 4:02 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayor^ City of Nederland, Texas ATTEST: c�c-L ,� -, -:.�., i LaDonna Floyd, City Clerk City of Nederland, Texas k CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre Wimer City Manager X LaDonna Floyd City Clerk X Lois Coco Acting City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager x Homer E. Nagel, Mayor -71C JIL'4J LaDonna Floyd, City Clerk January 12, 2004 Date 005 0013 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. January 26, 2004 1. 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember Radcliff to approve the minutes of the January 12, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. NEDERLAND VOLUNTEER FIRE DEPARTMENT Andre' Wimer, City Manager, stated that the Nederland Volunteer Fire Department has requested to sponsor a 4th of July fireworks display at Doornbos Park. This event will be similar to the fireworks display at the park during the City's centennial celebration. The NVFD has assured the City that an individual with the necessary State licensing will coordinate and assist with the display. Due to the use of fireworks at Doornbos Park, the City will need to purchase a supplemental insurance policy which will cost approximately $200. Mr. Wimer feels it will be necessary to schedule some employees to work on July 5th (City holiday) in order to clean the park and collect garbage /trash. A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve the request from the Nederland Volunteer Fire Department to sponsor a 4th of July fireworks display at Doornbos Park. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Nugent to authorize an increase in the number of personnel in the Nederland Volunteer Fire Department from 17 to 25. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, January 26, 2004 4. BUDGET A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve Ordinance No. 2004 -01, amending the FY 2003 -2004 budget. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 5. RESOLUTION A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Nugent to approve Resolution 2004 -01, authorizing participation with other Entergy service area cities in matters by Entergy at the Public Utility Commission of Texas in 2004. MOTION CARRIED. 6. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a contract with Hale Benefits Analysis Services, Ltd. (HBAS) to assist with the preparation and evaluation of bids for employee health insurance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. i 7. APPOINTMENTS A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to appoint Nicholas Phillips, 7762 Green, (Mayor's appointment) to fill the unexpired term of Dalton Babineaux to the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 8. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to authorize payment to Brystar Contracting, Inc. in the amount of $199,500.95, South 5th Street sewer rehabilitation project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Nugent to authorize payment to Peltier Brothers Construction, Ltd. in the amount of $91,260.80, sanitary sewer manhole sealing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 007 o08 Minutes continued, January 26, 2004 9. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 10. OFFICIALS' COMMENTS Andre' Wimer, City Manager, stated that he received a report from Neches Engineers regarding water leaks at the fire station. The report shows that the problem is not as serious as first indicated. Neches Engineers recommends installing gutters, adding an awning on the back door of the fire station, grading, as well as, some roof repairs. Bids will be solicited as soon as final recommendations are made. Mr. Wimer added that the intersection project at 27`h Street and Helena Avenue is expected to begin as soon as school dismisses for the summer break. 11. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 6:30 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayor � City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 p CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre Wimer City Manager X LaDonna Floyd City Clerk X Lois Coco Acting City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X ,'/�� s Homer E. Nagel, Mayor 'U"Icl- fir s LaDonna Floyd, City Clerk January 26, 2004 Date it• 010 ORDINANCE NO. 2004-01 AN ORDINANCE AMENDING THE 2003 -04 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER ' OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2003 -05 which adopted the 2003 -04 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 are set out in Attachment "A" attached hereto; and; and, WHEREAS, the 2003 -04 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2003, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2003 and ending September 30, 2004, 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 2003 -04 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 as set forth in Ordinance 2003 -05 adopting the budget for 2003- 04. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for 2003 -04 fiscal year is amended to allow for increases in expenditures , as set out in Attachment "A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 ofthe 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 26" DAY OF JANUARY, A.D., 2004. Homer Nagel, Mayor City of Nederland, Texas ATTEST: �n j�W'. ,d LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: , Richard D, uH ghds, CitVAttorney City of Nederland, Texas IBUDGET ORDINANCE AMENDMENT — ATTACHMENT A GENERAL FUND Amend as follows: Increase 01 -90 -00 -6400 Special Programs $4,000.00 Increase General Fund Budget to reimburse the Nederland Girls Softball League for utility costs associated with fiscal years 2001 -2002 and 2002 -2003. 1 1 Oil t)12 1 CITY OF NEDERLAND RESOLUTION NO. 2004-01 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS BY ENTERGY AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2004. WHEREAS, Entergy Gulf States' (EGSI) implementation of customer choice has been delayed due to lack of competition; lack of independent market structures and organizations in its service territory to implement fair competition; and because EGSI's ability to control the market in its region has not been evaluated; and WHEREAS, EGSI is scheduled to file various proceedings at the Public Utility Commission in 2004 related to readiness to begin competition; an evaluation of EGSI's market power; an evaluation of an independent transmission system; and for approval of various market structures necessary for the implementation of fair competition; and WHEREAS, EGSI is scheduled to file a fuel factor proceeding at the Public Utility Commission in March and September 2004, and may file other fuel proceedings during 2004 to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism; and WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and ratepayers within Cities; and WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Ufil. Code §33.001; and 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. Util. Code §33.025; and WHEREAS, Cities are entitled to reimbursement of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code §33.023. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS that: SECTION 1. The City of Nederland shall participate with other Cities to intervene in EGSI's various fuel reconciliation(s), fuel factor and fuel surcharge /refund cases filed at the Public Utility Commission in 2004 seeking appropriate regulatory scrutiny. The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission filed in 2004 concerning EGSI's readiness for competition, market power, organizations and structures to assure fair competition to all customer classes, and rates and charges under competition or price caps. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from EGSI of all reasonable expenses associated with participation in said proceedings. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED AND APPROVED this the Vaday of 2004. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes,'City Atlo,ley City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 013 o14 HBASHALE BENEFITS ANALYSIS SERVICES, LTD. 1 6112 Skahan Lane Pli:512- 468 -2250 Fax: 512- 288 -6014 Austin, TX 78739 -1234 terry.hale@hbasltd.com January 12, 2003 Ms. Kelly Galloway City of Nederland 1400 Boston Avenue Nederland, TX 77627 Re: Employee Benefits Assistance Proposal Dear Ms. Galloway: It was a pleasure talking with you last week. I hope that Hale Benefits Analysis Services, Ltd. (HBAS) can be of service to you and the City of Nederland in securing your employee benefits which are to be effective July 1, 2004. The following outlines the services and fees that HBAS is proposing based on our discussion. Proposal HBAS will provide the following services to the City of Nederland: 1 A. Bid specifications: a. Develop concise bid specifications that clearly identify current coverage's and benefits to be bid. i. Bid specifications will be made available in hard copy for the City of Nederland files; ii. HBAS will provide bid specifications, and data available, to potential bidders via e- mail. b. Collect, review and organize employee and experience data required for bid specifications i. Personal employee information will be de- identified. ii. Provide the City of Nederland a sample letter to send to their current carrier(s) on the City's letterhead authorizing release of data for bid specifications to HBAS. c. Receive and respond to all inquiries from potential bidders on clarifications to bid specifications and requests for additional information. B. Analyze bids received: a. Review all bids received for completeness and accuracy; b. Contact bidders for any clarifications that are needed; c. Provide a spreadsheet analysis of the bids received so that a direct comparison can be made; d. Provide a recommendation as to the best benefit value for the rate; and e. Attend Council meeting to answer questions and support the recommendation i. Attendance is included in fee ii. Mileage @ $0.34 /mile is additional , The proposed fee for the services outlined above is $5,000.00, payable within thirty days after the Council ' awards the contract to the successful bidder. The fee includes telephone calls and regular mail. If any overnight deliveries are required they will be billed at actual cost. Proposal is Accepted (Authorized Official) (Date) Because the handling of confidential employee and medical information is of a paramount concern I am enclosing a copy of the HBAS Confidentiality Procedures for your information. I hope that the above provides you with the information you need to determine if HBAS can be of assistance to the City of Nederland. If you need clarification on any item, or want to discuss other options, please give me a call. I look forward to working with you again to serve the City of Nederland, their employees and dependents. Yours truly, q� Terry D. Hale President Enclosure — HBAS Confidentiality Procedures 015 416 HBAS CONFIDENTIALITY PROCEDURES Hale Benefits Analysis Services, Ltd. (HBAS) is a limited partnership established for the purpose of assisting employers in analyzing, securing and managing the employer's employee benefit programs. HBAS is an independent contractor that works solely for the engaging employer. In the normal course of providing service to an employer HBAS may be required to access confidential medical and employee information. For this reason and to comply with state and federal law HBAS has adopted the following procedures for the handling, maintenance and dissemination, if required, of employee information and a covered individual's confidential medical information of an engaging employer. Fully Insured Employer Information A. Prior to accessing employee or confidential medical information HBAS must receive written authorization from the employer. A copy of the employer's written authorization, or request to any entity in possession of the employer's medical and employee information, will be maintained in the engaging employer master file. B. All medical information that is obtained in hard copy or assimilated into hard copy will be maintained in secure file, separate from the employer master file, that can only be accessed by individuals that are required to use the information to provide service to the engaging employer. C. All medical information that is obtained in an electronic format will be maintained in a password protected file that can only be accessed by individuals that are required to use the information to provide service to the engaging employer. D. Medical information will only be used for the purpose of assessing risk for underwriting purposes. E. Employee information will only be used for the purpose of assessing risk for underwriting purposes. , F. HBAS will not provide the employer with a copy of, nor discuss, any information obtained from a third party that is considered confidential medical information of any covered individual in any of the employer's employee benefit programs. G. Prior to releasing confidential employee and medical information to a third party HBAS must receive and approve a copy of the third party's confidentiality procedures or a Confidentiality Agreement signed by an authorized individual of the third party. H. HBAS will only release employee information and confidential medical information to a third party for the purpose of assessing risk for underwriting purposes. a. A copy of the third party's confidentiality procedures or a Confidentiality Agreement. b. The confidentiality procedures or Confidentiality Agreement must be client specific and will only apply to a specific risk assessment for underwriting purposes. c. HBAS will maintain a list in the engaging employer's master file of all third parties that requested and received employee or confidential medial information to be used to assess risk for underwriting purposes. d. A copy of the confidentiality procedures or Confidentiality Agreement will be maintained in the engaging employer's master file of any third party that received employee or confidential medical information. Self- Funded Employer Information A. Prior to accessing employee or confidential medical information HBAS must receive written authorization from the employer. A copy of the employer's written authorization, or request to any entity in possession of the employer's medical and employee information, will be maintained ' in the engaging employer master file. B. All medical information that is obtained in hard copy or assimilated into hard copy will be maintained in secure file, separate from the employer master file, that can only be accessed by individuals that are required to use the information to provide service to the engaging employer. C. All medical information that is obtained in an electronic format will be maintained in a password protected file that can only be accessed by individuals that are required to use the information to provide service to the engaging employer. D. Medical information will only be used for the purpose of assessing risk for underwriting purposes. E. Employee information will only be used for the purpose of assessing risk for underwriting purposes. F. HBAS may, if requested, provide employee and confidential medical information to a self - funded employer's designated contact for the purposes of assessing risk for underwriting purposes and to monitor the employer's self-funded benefit program(s). G. Prior to releasing confidential employee and medical information to a third party HBAS must receive and approve a copy of the third party's confidentiality procedures or a Confidentiality Agreement signed by an authorized individual of the third party. H. HBAS will only release employee information and confidential medical information to a third party for the purpose of assessing risk for underwriting purposes. a. A copy of the third party's confidentiality procedures or a Confidentiality Agreement. b. The confidentiality procedures or Confidentiality Agreement must be client specific and will only apply to a specific risk assessment for underwriting purposes. c. HBAS will maintain a list in the engaging employer's master file of all third parties that requested and received employee or confidential medial information to be used to assess risk for underwriting purposes. d. A copy of the confidentiality procedures or Confidentiality Agreement will be maintained in the engaging employer's master file of any third party that received employee or confidential medical information. The above procedures have been adopted by a unanimous vote of the board and shall govern the handling of employee and confidential medical information by HBAS. Signed Terry D. Hale Terry D. Hale, President and CEO 1 017 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. February 9, 2004 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. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Nugent to approve the minutes of the January 26, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 3. PUBLIC HEARING The regular meeting was recessed and Mayor Nagel called a Public Hearing to order at 3:01 p.m. for the purpose of receiving questions and /or comments regarding rehabilitation or condemnation and demolition of an abandoned structure at 711 — 14`h Street. Andre' Wimer, City Manager, explained that before a structure can be demolished a Public Hearing must be conducted to receive questions and /or comments. He added that the owner of this property has been notified of the need to have the structure repaired or demolished. The owners have not contacted the City regarding their intentions for the structure. Rod Hatch, Building Official, reported the structure in question is a garage and that it would require more than 50% of the fair market value to make structurally sound and code compliant. Elby R. Weston, Jr., owner of the garage informed the Council that he had obtained a demolition permit from the City last Friday. He asked the Council to grant him 60 days to complete the demolition. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:05 p.m. by Mayor Nagel. 1 n Minutes continued, February 9, 2004 4. BUILDING AND BUILDING REGULATIONS A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to set a 60 -day time period for Elby R. Weston, Jr. to comply with the demolition and removal of the structure located at 711 — 14th Street, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 5. REQUESTS A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Nugent to authorize the closure of various City streets for Heritage Festival activities. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Andre' Wimer, City Manager, reminded Council that Jeff Darby, 1515 — 26th Street, in December had requested that a utility easement located on his property be reduced in width. At the December meeting the Council had indicated a tentative support if all utility companies were agreeable and if all property owners were supportive of the change. Mr. Wimer added that Mr. Darby had received a positive response from all the utility companies. In terms of property owners, Mr. Darby has obtained concurrence from all but one individual. If Council does approve the request then the easement would decrease for all property owners except the one individual who declined to give his support. Jeff Darby, 1515 — 26th Street, stated that he did receive letters of support from all the utility companies. He presented documentation to the Council from all of the property owners with the exception of the one individual who was opposed to the request. A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to approve the request from Jeff Darby, 1515 — 26th Street, to decrease the width of the easement along 27`h Street in the Christina Court Subdivision, contingent upon completion and preparation of a survey for all properties indicating the new easement and the completion of the necessary replatting process. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 6. WATER AND WASTEWATER Andre' Wimer, City Manager, reported that the smoke testing report prepared by Schaumburg & Polk, Inc. will be reviewed. He reminded Council that the tests were authorized for five (5) areas within the City. He added that a cost estimate for recommended action would be presented to Council at a future meeting. Mr. Wimer also stated that City staff would be requesting approval to perform smoke testing in an additional area at the next meeting. 019 Ci _t1 Minutes continued, February 9, 2004 Rick Bourque, Schaumburg & Polk, Inc. reviewed the results of the smoke testing. (See attached) He indicated that they will present cost estimates to the Council during an upcoming meeting. DRAINAGE Andre' Wimer, City Manager, stated that Will Larrain, d.p. Consulting Engineers, Inc., has prepared the drainage study of Allan Meadows that was authorized by Council as a result of water ponding at the intersection of South 17th Street and Avenue N. Based upon the study Mr. Larrain identified an area in which three (3) stormwater pipes converge. Will Larrain, d.p. Consulting Engineers, Inc., presented his final findings of the drainage study of Allan Meadows. He suggested to redirect the line coming from South 17th Street and Avenue N intersection. He also recommended that the outfall from the subdivision be angled into the Main "B" Canal. The City Manager recommended that Mr. Larrain report back to Council a final recommendation and cost estimate. 8. AUDIT Todd Simoneaux, Edgar, Kiker & Cross, PC, reviewed the FY 2002 -2003 audit. Mr. Simoneaux stated that they issued an "unqualified opinion" which is the highest opinion a city can receive on their audit. He commended Cheryl Dowden, Director of Finance, and City staff for their assistance in conducting the audit. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to accept the FY 2002 -2003 audit as prepared by Edgar, Kiker & Cross, PC. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 9. RESOLUTION A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to approve Resolution 2004 -02, calling for an election to be held May 15, 2004 for the purpose of electing a Mayor and two (2) Councilmembers — one from Ward II and one from Ward IV, and appointing Bobbie Greene as Presiding Judge, Harriet Shipman as Alternate Presiding Judge, and LaDonna Floyd, Clerk for Early Voting and Presiding Judge of the Central Counting Station. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Minutes continued, February 9, 2004 10. BIDS /PROPOSALS A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Nugent to award bids received for a vehicle exhaust system for the Fire Department to Air Cleaning Technologies, Inc., Broken Arrow, OK, in the amount of $39,310.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 11. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to approve an agreement with Tower Medical Center of Nederland for drug and alcohol testing in accordance with the Substance Abuse Policy and State and Federal regulations. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 12. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize payment to d.p. Consulting Engineers, Inc. as follows: $1,414.00, upper Main "C" drainage improvements; $1,375.00, Boston j Avenue rehabilitation project; and, $4.550.00, Allan Meadows drainage study. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Nugent to authorize payment to Excavators & Constructors, Inc. in the amount of $159,167.96, drainage improvements, Area 3. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize payment of the bills for the month of January. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 13. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to postpone the Executive Session. MOTION CARRIED. ' Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. 021 () ) ` Minutes continued, February 9, 2004 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City has received tentative approval for the gate to be installed at the old landfill site. 15. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Radcliff to adjourn the meeting at 4:25 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None. Homer e. Nagel, Mayor City of Nederland, Texas ATTEST: LaDon a Floyd, City Clerk City of Nederland, Texas V . �\ !z U 1 1 I 1 r � CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre Wimer City Manager X LaDonna Floyd City Clerk X Lois Coco Acting City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelad Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X -Kelly Galloway Assistant to the City Manager X ' Homer E. Nagel, Mayor ' LaDon a Floyd, City Clerk February 9 2004 Date RESOLUTION 2004 -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 15, 2004; 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 15, 2004 there shall be elected the following officials for this City: 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 third Saturday in May, 2004, for the above mentioned offices file their application to have their name placed on the ballot with the City Clerk at City Hall, 1400 Boston Avenue, Nederland, Texas, not later that sixty -two (62) days before the election or earlier than the 915 day before the date of the filing deadline in accordance with Election Code Sec. 143.006 and 143.007. The earliest date for a candidate to file same will be February 14, 2004, which is a Saturday, therefore, will be moved to the next regular business day, February 17, 2004 at 8:00 a.m., with the last day for filing to be March 15, 2004 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 names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk 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 Clerk 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: Bobbie Greene will serve as Presiding Judge and Harriet 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 1 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 (17) day and continuing through the fourth (4t") 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. The Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. Bobbie Greene 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 Clerk posted written notice of the date, place and subject of this meeting on the bulleting board located in the City Hall, a place ' convenient and readily accessible to the general public, and said notice having been posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this 9t' day of February, 2004- Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Oorney City of Nederland, Texas 1 �?25 026 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. 1 I 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 1st day of April, 2004 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 day of 2004. TOWER MEDICAL CENTER OF NEDERLAND ATTEST: LaDonna Floyd, City Clerk 1 LM Its: CITY OF NEDERLAND, TEXAS Its: 027 BE;, EXHIBIT A I AGREEMENT FOR SERVICES APRIL, 2004 EMPLOYER: City of Nederland SUBJECT: Substance Abuse Screening Program Tower Medical Center 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 $25.00 MRO (Medical Review Officer) $10.00 Review and consultation with the applicant/employees regarding his/her test results. Non -DOT Drug Screen With Confirmation $25.00 , Alcohol Test $17.00 Administered at Tower Medical Center 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/Retention (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) $25.00 029 SPECIAL MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 5:30 p.m. February 23, 2004 MEETING The meeting was called to order at 5:30 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. PUBLIC HEARING The special meeting was recessed and a Joint Public Hearing with the Planning and Zoning Commission was called to order at 5:31 p.m. by Mayor Nagel for the purpose of receiving questions and /or comments regarding the rezoning of the property located at 504 South 28th Street, described as Lot 33, Block 1, Hillcrest 2nd Addition, from R -2 "Multi - Family" to R -3 "Apartments." Andre' Wimer, City Manager, explained that Kirk Gillespie, 803 Hunter Ridge, applied to have the above described property rezoned in order to be able to develop it. The Planning and Zoning Commission recommended to the Council ' that the request be approved. The purpose of the Joint Public Hearing is to allow citizen input regarding the rezoning request. Kirk Gillespie, 803 Hunter Ridge, stated that he is currently in the process of selling the property and the new owner wants to build duplexes, but under the City's current ordinance there is a minimum footage standard for abutting street rights -of -way and the entrance to this property is not wide enough to accommodate this requirement. He further explained that the reason he has requested the rezoning is to be able to construct a private drive, which is only allowed in R -3. Mr. Gillespie added that he first tried to apply for a variance, but was told this would not be possible under the City's current policy. Don Harper, 508 South 27`h Street, addressed the Council to voice his opposition in the rezoning request. He feels that if the rezoning is approved the property should have another entrance /exit other than on Avenue D. James Collins, 520 South 27`h Street, also stated that he was opposed to the rezoning request. He was concerned that the private drive would create a problem for emergency vehicles to respond to fires, which could potentially present a problem for his property. James Stansbury, 2816 Avenue D, was also opposed to the rezoning. C. J. Schexnaider, Planning and Zoning Commission, stated that if the property is not rezoned it will be virtually impossible to develop under the City's current ordinance. 0 3 0 Minutes continued, February 23, 2004 3. RECONVENE There being no further questions and /or comments the Joint Public Hearing was adjourned and the special meeting was reconvened at 6:07 p.m. by Mayor Nagel. 4. ZONING A motion was made by Councilmember Sawyer and seconded by Councilmember Radcliff to deny the rezoning request of the property located at 504 South 28`h Street, described as Lot 33, Block 1, Hillcrest 2nd Addition, from R- 2 "Multi- Family" to R -3 "Apartments." MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 6:12 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas r CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre Wimer City Manager X LaDonna Floyd City Clerk X Lois Coco Acting City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Homer E. Nagel, Mayor LaDonna Floyd, City Clerk February 23, 2004 Special Meeting Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 23, 2004 MEETING The meeting was called to order at 6:20 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 Councilmember Radcliff and seconded by Councilmember Sawyer to approve the minutes of the February 9, 2004, meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. APPEARNCES Nancy Dagerpont, Boy Scout Troop 232, introduced Tommy Whisenhunt, Scout Master and Byron Duplechain, Assistant Scout Master. She explained that the members of Troop 232 were attending the meeting for work toward merit badges. Mayor Nagel welcomed the members and introduced the head table. 4. REPORTS Darrell Bush, Chief of Police, reviewed the racial profiling report as required by Senate Bill 1074. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to accept the report as presented. See attached. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the 2003 4`h Quarter. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to accept the Quarterly Investment Report. See attached. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. Minutes continued, February 23, 2004 5. POLICIES /PROCEDURES Andre' Wimer, City Manager, reviewed the City's Investment Policy. He indicated that there are no proposed modifications at this time. CONTRACTS /AGREEMENTS Andre' Wimer, City Manager, explained that the City will need to approve two easement agreements with Jimmie and Mary Williamson in order to allow for the placement of the Patillo Road water line which must be moved from its existing location in the Hwy. 69 right -of -way. The water line itself will be relocated by Garth Co. at their expense. That portion of the water line within the easement will eventually be accepted by the City such that water service will be available for current and future City customers; construction will have to be performed according to City standards. A motion was made by Mayor Nagel and seconded by Councilmember Neal to approve two Easement Agreements with Jimmie E. and Mary Eilene Williamson Family Trust, a 0.2290 acre tract and a 0.1640 acre tract. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. A motion was made by Councilmember Sawyer and seconded by Councilmember Radcliff to approve renewing a contract with Action Bonded Cleaning, Inc. for janitorial services. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to postpone approving an Interlocal Agreement with the Jefferson County and Hardin County for the Jefferson County Narcotics Task Force. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve a contract with d.p. Consulting Engineers, Inc. for drainage engineering design for Allan Meadows in the amount of $2,500.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. Andre' Wimer, City Manager, reported that City staff is recommending additional smoke testing of two more areas that continue to experience difficulties with infiltration. The first area is bounded generally by Hwy. 69, Helena Avenue, 315` Street, Hardy Avenue, and the Main "C" Canal. The second area is bounded by Hwy. 69, Canal Avenue, 27`h Street, and Helena Avenue. Mr. Wimer added that he received proposal from Schaumburg & Polk, Inc. in the amount of $23,900. 0,33 } 3 .1 Minutes continued, February 23, 2004 A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve a contract with Schaumburg & Polk, Inc. for smoke testing in the amount of $23,900.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. i Absent: Mayor Pro Tem Nugent. CHANGE ORDER Andre' Wimer, City Manager, explained that Change Order No. 2 with Brystar Contracting, Inc. is the result of deletions of unused items from the contract and additional sewer line replacement work identified by the smoke testing discussed at the last City Council meeting. The contract will decrease by $207,249.00 while increasing by $559,105.33 which results in an overall increase of $351,856.33. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve Change Order No. 2 with Brystar Contracting, Inc. for wastewater collection system rehabilitation (Years 4 and 5) in the amount of +$351,856.33. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. BIDS /PROPOSALS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize the advertisement of bids for water meter replacement. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Councilmember Neal to authorize payments to Schaumburg & Polk, Inc. as follows: $813.00, Wastewater Treatment Plant improvements; $6,295.80, wastewater collection system improvements (Year 5); $115.00, South 5th Street sewer line rehabilitation; and, $2,900.00, smoke testing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. A motion was made by Councilmember Neal and seconded by Mayor Nagel to authorize payment to Peltier Brothers Construction, Ltd. in the amount of $43,352.40, sanitary sewer manhole sealing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to authorize payments to Brystar Contracting, Inc. as follows: $19,845.50, manhole frame reconstruction; $82,358.25, wastewater collection system improvements, Year 4 & 5; and, $162,995.44, South 5`h Street trunk line replacement. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. Minutes continued, February 23, 2004 10. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the new animal shelter began operation today. He added that staff has begun work on the proposed street program to present to Council. Mr. Wimer informed Council that the annual Rotary Club Fishing Derby will be held at Doornbos Park, Saturday, February 28"'. He also stated that City staff, NEDC staff, and Heritage Festival staff met with TxDOT and ALLCO regarding Boston Avenue and they reported that they will be finished with Boston Avenue between 15th Street and 17th Street prior to the beginning of the Festival. 12. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Radcliff to adjourn the meeting at 7:12 p.m. MOTION CARRIED. ' Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Absent: Mayor Pro Tern Nugent. Homer E. Nagel, Mayor '+ City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas n CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre Wimer City Manager X LaDonna Floyd City Clerk X Lois Coco Acting City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Ho er E. Nagel, Mayor LaDonna Floyd, City Clerk February 23, 2004 Date v 1 1 Nederland Police Department Senate Bill 1074 Report to Nederland City Council February 23, 2004 The following report summarizes the activity of the Nederland Police Department as it relates to the requirements of Senate Bill 1074. Beginning January 1, 2002, the Nederland Police Department began collecting data concerning traffic tickets and arrests due to both traffic and pedestrian stops. This report fulfills the statutory requirement of the Nederland Police Department to report contacts and racial /ethnic percentage breakdowns to the Nederland City Council by March 1, 2004. I (Tier 1 Data) Table 1. General Demographics of Contacts and Searches RACE/ ETHNICITY` TICKETS SEARCHES CONSENSUAL SEARCHES PC FOR SEARCH CUSTODY ARREST Caucasian N % N % N % N % N % Caucasian 1751 90.7 11 84.6 8 80 3 100 88 80.7 African American 118 6.1 1 7.7 1 10 0 0 14 12.8 Hispanic 17 .9 0 0 0 0 0 0 6 5.5 Asian 20 1 1 7.7 1 10 0 0 0 0 Native American 0 0 0 0 0 0 0 0 0 0 Other 24 1.2 0 0 0 0 0 0 1 .9 Total 1930 1 99.9 j 13 1 100.0 1 10 1 100.0 1 3 j 100.0 109 99.9 'Race /Ethnicity are defined by SB 1074 as being of a "particular descent, including Caucasian, African American, Hispanic, Asian or Native American." The percentages in this report will be represented in the total tickets and custody arrests due to traffic and pedestrian stops as they relate to the racial /ethnic make -up of both Nederland and Jefferson County. Our belief is the motoring public that occupies the streets of Nederland is more representative of our County demographics, rather than the race /ethnic make -up of the Nederland City population. Several factors contribute to this situation. Our City is bisected by two major highway systems and bordered by another highway. This alone brings many people into our City from other areas. Nederland is also a significant employer and often those employees drive into and through our City. We feel the racial /ethnic make -up of Jefferson County will more accurately reflect the motorists that our officers encounter on traffic related stops. RACE/ ETHNICITY NEDERLAND DEMOGRAPHICS TICKETS CONSENSUAL SEARCHES PCFOR SEARCH CUSTODY ARREST Caucasian 89.8% 90.7% 84.6% 80.0% 80.70% African American 0.9% 6.1% 7.7% 10.0% 12.8% Hispanic 6.3% .9% 0% 0% 5.50%. Asian 2.1% 1.2% 7.7% 10.0% 0% Native American 0.3% 0% 0% 0% 0% Other 0% 1.2% 0% 0% .9% RACE/ ETHNICITY JEFFERSON CO. DEMOGRAPHICS TICKETS CONSENSUAL SEARCHES PC FOR SEARCH CUSTODY ARREST Caucasian 51.8% 90.7% 84.6% 80.0% 80.7% African American 33.5% 6.1% 7.7% 10.0% 12.8% Hispanic 10.5% .9% 0% 0% 5.5% Asian 2.9% 1.2% 7.7% 10.0% 0% Native American 0.3% 0% 0% 0% 0% Other 0% 1.2% 0% 0% .9% +, t- o 3 f c()3� Homer E. Nagel, Mayor RA 'Dick" Nugent, Mayor Pro tern Robert Sawyer, Councilmember C> Billy Neal, Councilmember Gz of Nederland Judy iCounclmember L V Anon§ Wimer, City Manager P.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -1550 Investment Report For the Quarter Ending December 31, 2003 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 Cheryl Dowden, Director of Finance L "11'rc,rreyyrzriec for Progress" 1 1 II� 039 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2003 Investments at Beginning of Period (10 -1 -03) $4,842,033.16 Purchases 12,584.94 Maturities 0.00 Investments at End of Period (12- 31 -03) $4,854,618.10 Maturity Summary at December 31, 2003 Less than 3 months ® w 9 to 12 months 00 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2003 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund SSES Fund Drainage Construction Fund Police Narcotics Fund SRF Escrow & Construction Funds MCML Dispatch Equipment Replacement Fund Parks & Recreation Special Fund Bond Redemption Fund Balance @ Balance @ 10 -1 -03 Purchases Maturities 12 -31 -03 $3,484,180.46 $9,074.58 $3,493,255.04 28,596.96 48.42 28,645.38 1,056,546.68 2,751.79 1,059,298.47 10,192.33 26.53 10,218.86 684.77 1.84 686.61 370.39 0.92 371.31 0.00 0.00 0.00 0.00 39,409.43 102.62 39,512.05 155,387.58 404.70 155,792.28 624.31 1.72 626.03 48.75 0.01 48.76 21.12 21.12 65,970.38 171.81 66,142.19 $4,842,033.16 $12,584.94 $0.00 $4,854,618.10 Fund Allocation at December 31, 2003 (72.0 %) General Fund ` (1.7 %) Other (3.2 %) SRF Escrow Fund (1.4 %) Bond Redemption Fund (21.8 %) Water & Sewer Fund 1 1 U 1 1 1 Investment Report Schedule Investments for the Quarter ended December 31, 2003 CERTIFICATES OF DEPOSIT Certificate Purchase Maturity Days to Interest Number Date Date be held Rate Held at December 31, 2003 Library Special Fund 253040 01/03/03 01/03/04 365 Interest Earnings on CDs held at December 31, 2003 Total Interest Earned on CDs for the quarter ended December 31, 2003 Total Certificates of Deposit held at December 31, 2003 1.22% 041 Interest Earned for Quarter ended Face Amount December 31, 2003 10,000.00 21.91 21.91 $21.91 $ 10,000.00 042 Totals for TEXPOOL Investments $4,832,033.16 $12,584.94 $4,844,618.10 I� 1 Investment Report Schedule Investments for the Quarter ended December 31, 2003 ' INVESTMENT POOL - TEXPOOL Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 10/01/03 12/31/03 1 1.03% $3,484,180.46 $9,074.58 $3,493,255.04 Water & Sewer 10/01/03 12/31/03 1 1.03% 1,056,546.68 2,751.79 1,059,298.47 Parks & Rec. Fund 10/01/03 12/31/03 1 1.03% 21.12 0.00 21.12 Bond Redemp. 10/01/03 12/31/03 1 1.03% 65,970.38 171.81 66,142.19 Capital Outlay Fund 10/01/03 12/31/03 1 1.03% 370.39 0.92 371.31 Motel Occupancy 10/01/03 12/31/03 1 1.03% 10,192.33 26.53 10,218.86 Library Special 10/01/03 12/31/03 1 1.03% 18,596.96 48.42 18,645.38 Solid Waste Fund 10/01/03 12/31/03 1 1.03% 684.77 1.84 686.61 SRF Construction Fund 10/01/03 12/31/03 1 1.03% 155,387.58 404.70 155,792.28 MCML Dispatch 10/01/03 12/31/03 1 1.03% 624.31 1.72 626.03 Equipment Replacement Fun( 10/01/03 12/31/03 1 1.03% 48.75 0.01 48.76 Police Narcotic Fund 10/01/03 12/31/03 1 1.03% 39,409.43 102.62 39,512.05 Totals for TEXPOOL Investments $4,832,033.16 $12,584.94 $4,844,618.10 I� 1 043 ' Wastewater Construction Fund 10/01/03 12/31/03 1 1.29% 2,892.20 $13,416.75 1 Investment Report Schedule Investments for the Quarter ended December 31, 2003 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate December 31, 2003 Bond Redemp. 10/01/03 12/31/03 1 1.29% 54.44 Capital Outlay Fund 10/01/03 12/31/03 1 1.29% 0.00 Court Technology Fund 10/01/03 12/31/03 1 1.29% 13.79 Drainage Construction Fund 10/01/03 12/31/03 1 1.29% 2,227.89 Equipment Replacement Funds 10/01/03 12/31/03 1 1.29% 308.57 General Fund 10/01/03 12/31/03 1 1.29% 1,296.41 Library Special 10/01/03 12/31/03 1 1.29% 25.15 MCML Dispatch 10/01/03 12/31/03 1 1.29% 0.94 Motel Occupancy 10/01/03 12/31/03 1 1.29% 11.64 Nederland Economic Development 10/01/03 12/31/03 1 1.29% 0.00 Parks & Rec. Fund 10/01/03 12/31/03 1 1.29% 8.41 Police Narcotic Fund 10/01/03 12/31/03 1 1.29% 90.43 Solid Waste Fund 10/01/03 12/31/03 1 1.29% 450.58 SRF Construction & Escrow Funds 10/01/03 12/31/03 1 1.29% 3,075.53 SSES Fund 10/01/03 12/31/03 1 1.29% 2,011.23 W & S Certificate Fund 10/01/03 12/31/03 1 1.29% 53.13 Water & Sewer 10/01/03 12/31/03 1 1.29% 896.41 ' Wastewater Construction Fund 10/01/03 12/31/03 1 1.29% 2,892.20 $13,416.75 1 044 Investment Report Schedule December 31, 2003 Interest Earnings for Quarter Ended December 31, 2003 Bond Redemption Fund $226.25 Capital Outlay 0.92 Court Technology Fund 13.79 Drainage Construction Fund 2,227.89 Equipment Replacement Funds 308.58 General Fund 10,370.99 Library Special Fund 95.48 MCML Dispatch 2.66 Motel Occupancy Tax Fund 38.17 Nederland Economic Development 0.00 Parks & Recreation Special Fund 8.41 Police Narcotic Account 193.05 Solid Waste Fund 452.42 SRF Escrow & Construction Funds 3,480.23 SSES Fund 2,011.23 W & S Certificate Fund 53.13 Wastewater Construction Fund 2,892.20 Water Fund 3,648.20 $26,023.60 1 1 ' MUTUAL AGREEMENT TO EXTEND 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, 2004, 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 once per month window cleaning ........................... $25.00 Parks and Recreation - one night per week . ........................$300.00 Section IV regarding Compensation shall be amended to reflect the annual prices listed below for the supply of garbage can liners: 12 boxes garbage can liners @ $19.64 per box ......................$235.68 Executed this of , 2004, but effective as of the effective date set forth herein. ACTION BONDED CLEANING, INC. BY: Name: Quin Fontenot Its: President CITY OF NEDERLAND, TEXAS By: Name: Homer Nagel Its: Mayor ATTEST: ILaDonna Floyd, City Clerk 045 INTERLOCAL CONTRACT I JEFFERSON COUNTY NARCOTICS TASK FORCE STATE OF TEXAS COUNTY OF JEFFERSON This Interlocal Contract ( "Contract ") is entered into by and between Jefferson County and Hardin County, each a political subdivision of the State of Texas, hereinafter referred to as ( "The Counties "), and the Cities of Beaumont, Port Arthur, Nederland, Groves and Port Neches, each a municipal corporation situated in Jefferson County, Texas, hereinafter called ("The Cities "), pursuant to Chapter 791 of the Texas Government Code, concerning interlocal cooperation contracts. WITNESSETH WHEREAS, "The Counties" and "The Cities" wish to file a joint grant application with ' the Criminal Justice Division of the Office of the Governor, State of Texas, for funding in the amount of $ 918,854 for the continuation of the Jefferson County Narcotics Task Force, hereinafter referred to as ("The Task Force ") and WHEREAS, ("The Counties ") and ( "The Cities ") have agreed to contribute the total of $ 519,514 in matching funds if said joint application is approved; and WHEREAS, the source of funds would not normally be used for this purpose; and WHEREAS, "The Counties" and "The Cities" believe it to be in their best interests to join in the application to maintain a multi - county, multi jurisdictional narcotics task force; and WHEREAS, "The Counties" and "The Cities" agree to accept the responsibility to adhere to all pertinent federal, state, and local laws and/or regulations. I 047 NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to allow the Counties of Jefferson and Hardin, and the Cities of Groves, Nederland, Port Neches, Port Arthur and Beaumont to file a joint application for a multi - jurisdictional, multi -county narcotics task force with the Criminal Justice Division of the Office of the Governor of the State of Texas, which creates the Jefferson County Narcotics Task Force, which application is attached hereto as Exhibit "A" and made a part hereof for all purposes. ARTICLE II TERM 2.01 The term of this Agreement is to commence on June 1, 2004, and end on May 31, 2005. ARTICLE HI CONSIDERATION 3.01 As consideration for this Agreement, "The Counties" and "The Cities" agree to contribute a total of $ 519,514 in matching funds for the enhancement of the Jefferson County Narcotics Task Force. During the term of this contract, the required cash match will be paid from task force program income accounts. ARTICLE IV GRANTEE AGENCY 4.01 Jefferson County is the Grantee for purposes of this contract and for purposes of receipt and distribution of all funds received from the Criminal Justice Division. The Jefferson County Sheriff's Department shall designate a senior staff' officer to serve as Commander/Project Coordinator for the Task Force, who shall be 04S authorized to establish rules, regulations, directives, etc. for the effective operation I of the Task Force. 4.02 Jefferson County Sheriff G. Mitch Woods is designated the Project Director as required by Criminal Justice Division regulations. ARTICLE V OWNERSHIP OF EQUIPMENT 5.01 Upon termination of this Agreement, ownership of equipment, hardware, and other non - expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the State of Texas. ARTICLE VI ASSURANCES 6.01 The Parties to this Agreement as political subdivisions, are governed by the Texas Tort Claims Act, Chapter 101,001 et. seq., Civil Practice and Remedies Code. The , "Counties" and "Cities" warrant and represent to each other that they are self- insured or commercially insured for all claims falling within the Texas Tort Claims Act. 6.02 The parties to this Agreement agree that each party shall have no liability whatsoever for the acts or omissions of an individual employed by another party regardless of where the individuals' actions occurred. Each party is solely responsible for the action and/or omissions of its employees and officers. 6.03 The Parties certify that the Task Force is a project which meets all requirements of the Criminal Justice Division; that the information set forth in this Agreement is correct, and that the Parties will comply with the rules and C 045 ' regulations of the Criminal Justice Division, Office of the Governor of the State of Texas. 6.04 The Task Force operates numerous vehicles. These include vehicles purchased by the Task Force, vehicles purchased by Jefferson County and leased to the Task Force, and vehicles seized and forfeited to the Task Force. The Parties agree to the following conditions relating to the operation of Task Force vehicles. 1. Each Party will assume all liability arising from the operation of Task Force vehicles by their employees. The Parties assume no liability for any employees other than their own. 2. The vehicles operated by the Task Force are not commercially insured. The Parties to this Agreement agree to assume liability for the operation of these vehicles by their officers and employees. ' 3. At the termination of this Agreement, each member agency agrees to return Task Force vehicles to Jefferson County in good condition, normal wear and tear accepted. ARTICLE VII AMENDMENTS 7.01 This Agreement, mat only be amended by the mutual agreement of the Parties Hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VIII LEGAL CONSTRUCTION 8.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such an invalidity, or Iunenforceability shall not affect any other provision thereof, and this Agreement 050 shall be construed as if such invalid, illegal, or unenforceable provision had never I been contained herein. ARTICLE IX ENTIRE AGREEMENT 9.01 This Agreement supersedes any and all other agreements, either oral or in writing between the Parties hereto with respect to the subject matter hereof, and no other agreement or statement relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF , 2004. FOR JEFFERSON COUNTY ' Carl R. Griffith County Judge G. Mitch Woods Sheriff/Project Director FOR THE CITY OF NEDERLAND Andre Wimer City Manager Darrell Bush Chief of Police 1 1 n Feb 17 04 03:03p Nederland EDC d.p. Consulting Engineers, Inc. February 17, 2004 409 -729 -1953 p,l City of Nederland P.O. Box Nederland, TX 77627 Attention: Mr. Andre Wimer, City Manager RE. Engineering Proposal to Prepare a Construction Plan for Drainage Improvements in the Allan Meadows Subdivision d.p. job no. 103 -24 Dear Mr. Wimer: T appreciate the opportunity to provide uur engineering proposal for this project. I plan to perform field investigations, prepare a plan/profile drawing,prepare DD #7 permit, and hid proposal to make the storm sewer outfall modifications we discussed. This change in conjunction with the improvements at 17"' Street and Avenuc M to be implemented by Public Works, will provide the recommended modifications we discussed. I estimate the cost to provide these services at $2,500. If this estimate meets your approval we can begin work upon authorization. If you have any questions, please contact me Sincerely, William V. Larrain, P.E, P.Q. Box 2110 Nederland, TX 77627 LTR 1329/wl 109/727.6263 Fail: 409n244)W iiJa 052 EXHIBIT A.8 Further Description of Basic Engineering Services and Related Matters This is an exhibit attached to, made apart of and incorporated by reference into the Agreement made in October. 1998 between the City of Nederland (OWNER) and Schaumburg & Polk, Inc. (ENGINEER) providing for professional engineering services. The time periods for the performance of certain services are indicated below. Authorization for performance of the assignment described is given by signature of the authorized agents for the Owner and the Engineer below. The assignment is to provide the services related to smoke testing of two areas as designated by the attached Exhibits 1 and 2. Lines previously replaced, as indicated on the Exhibits, are not to be included in the smoke tests. The total estimated footage of line to be smoked, as represented by Exhibits 1 and 2, is 32,000 feet and 21,000 feet, respectively. The scope of services to be provided include the following tasks: 1 1. place notice of smoke testing on the doors of residences prior to smoke testing, 2. notify the Public Works Department, on a daily basis, the areas to be smoked, 3. make the following observations during smoke testing of the line: • determine the effective extent of the smoke test by observation of smoke leaving manholes and sewer vents on houses • make a dimensional tie, from the main sewer line, of the point where smoke is observed, • take a photograph of each observed smoke leak, ' • note the general physical feature from which smoke is emitting and the general ground cover condition 4. review in a meeting, with the Owner, the summary of the smoke test, 5. provide a brief report for each area summarizing the observed condition and recommend rehabilitation to be accomplished. The scope of work does not include an inspection of the manholes or taking extraordinary effort to access manholes. Prior to the start of field work, a list will be provided to the Owner of manholes that cannot be located or opened. The Owner will locate and open manholes contained on the list. We propose to perform the services based on a lump sum and expect to complete the work in accordance with the following schedule. Completion of the services within the schedule is dependent on weather and authorization by March 9, 2003. Description of Service Lump Sum Amount Schedule for Completion Exhibit 1 Area Field Work (Tasks 1 -3) $10,500 April 2, 2004 Review Meeting (Tasks 4) $ 2,400 April 16, 2004 Final Report $ 1,400 April 30, 2004 1 DF: \C:\ DOCUME- 1 \LCOCO\ LOCALS- 1\TEMP\2004SMOKETEST- A.B.DOC Schaumburg & Polk, Inc. 02177104 CONSULTING ENGINEERS 453 Description of Service Lump Sum Amount Schedule for Completion Exhibit 2 Area Field Work (Tasks 1 -3) $ 6,800 April 16, 2004 Review Meeting (Tasks 4) $ 1,700 April 30, 2004 Final Report $ 1,100 May 15, 2004 Note: Costs for area in Exhibit 2 assumes work to be done concurrently with Exhibit 1. If both areas authorized concurrently, schedule for Exhibit 2 Area applies. Authorization of Assignment for Smoke Testing dated the City of Nederland and Schaumburg & Polk, Inc. City of Nederland Andre Wimer City Manager Schaumburg & Polk, Inc. Gary C. Graham Vice President Attest Attest ,2004 between DF: \C:\DOCUME- 1\LCOCO\ LOCALS- 1 \TEMP\2004SMOKETEST- A.B.DOC Schaumburg & Polk, Inc. CONSULTING ENGINEERS 02/17/04 z t 1 1 GIIIIII ! �� i . i■�I■ _WINC 1 1 I I 055 1 omm omm 1 on`i +a REGULAR MEETING OF THE CITY COUNCIL OF' THE CITY OF NEDERLAND ' 3:00 p.m. March 8, 2004 1. 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve the minutes of the Special Meeting of February 23, 2004 and the Regular Meeting of February 23, 2004 as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. REQUEST Andre' Wimer, City Manager, stated that representatives from Sunoco Partners Marketing & Terminals L.P. are requesting an ad valorem tax abatement on a new electrical substation that will be constructed at their Nederland terminal. The estimated value is $1.7 million. Randy Hutchinson, Tax Manager of Sunoco Partners Marketing & Terminals L.P., addressed the Council relative to their request for a tax abatement. He explained that this new electrical substation will double the existing substation's capacity and will be able to supply expansion projects as well as future development. In the event of a power outage the additional power source will enable them to continue to provide service to their customers. Mr. Hutchinson further explained that the project is still in the bidding stage with bids due March 19'h. It is their hope that the project be completed by the 4'h quarter of this year. Mayor Nagel asked if the project would utilize local labor where possible. Mr. Hutchinson stated that there are eight bidders and the closest one is in Houston. Sunoco tries to use as much local labor as possible on all their projects and would ask the contractor to continue this practice. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to approve the request from Sunoco Partners Marketing & Terminals L.P. for a tax abatement, contingent upon a letter of agreement being signed setting out criteria to be followed for the project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. Minutes continued, March 8, 2004 4. COMMENTS ' Kirk Gillespie, 803 Hunter Ridge, addressed the Council relative to his recent rezoning request that was denied for the property at 504 South 28`h Street. Mr. Gillespie asked the Council if they had any advice or suggestions on how he could develop this property. He did not want to ask for the rezoning, but under the City's current ordinance that was the only alternative he had in order to build the duplexes. The City's elimination of private driveways and minimum width standards for roads was the reason for the rezoning request. Mr. Gillespie added that he first had asked for a variance but was told one could not be granted for this type of request. After a lengthy discussion the City Manager stated that he and staff would research the issue and contact other cities to see if they have addressed a situation such as this. Mr. Wimer added that they will report back to Council as soon as information has been collected. 5. WAIVER A motion was made by Mayor Pro Tem Nugent and seconded by Councilmember Neal to authorize the Jefferson County Mosquito Control District to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the City limits of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. 6. CONTRACTS /AGREEMENTS A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve an Interlocal Agreement with Jefferson County and Hardin County for the Jefferson County Narcotics Task Force. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to appoint Edgar, Kiker & Cross, PC to perform the City's audit for FY 2003 -2004 in the amount of $28,900 if Single Audit Act requirements are not necessary and $31,400 if Single Audit Act requirements are necessary. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. 7. ORDINANCE A motion was made by Councilmember Sawyer and seconded by ' Councilmember Neal to approve an Amendment to Ordinance No. 107, regulation of traffic in school zones. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. !}5�` Minutes continued, March 8, 2004 BIDS /PROPOSALS A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to , award bids received for a Breathing Air Compressor System and Self Contained Breathing Apparatus Filling Station for the Fire Department to Lone Star Air Compressor Company, Beaumont, TX, in the amount of 542,658.45. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. A motion was made by Councilmember Neal and seconded by Mayor Nagel to award proposals for Fire Station repairs to Mc -O Construction, Orange, TX, in the amount of $6,608.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to approve the purchase of portable radios for the Fire Department from Kay Electronics with HGAC pricing in the amount of $16,186.70. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. 9. HEALTH INSURANCE A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize the advertisement of bids for employee group health benefits to be received April 27, 2004 at 2:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None, Absent: Councilmember Radcliff. A motion was made by Councilmember Neal and seconded by Mayor Nagel to appoint Terry Hale of Hale Benefits Analysis, Ltd. (HBAS) as the agent of record for the purpose of managing the competitive bid process for employee group health benefits. MOTION CARRIED. Ayes: Mayor Nagel, Counciimembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. 10. GRANT A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to authorize the submission of an Emissions Reduction Incentive Grant application to the Texas Commission on Environmental Quality (TCEQ). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. Minutes continued, March 8, 2004 11. SURPLUS ' A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to declare certain City property as surplus and authorize its disposal. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff.. 12. PAYMENTS A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to authorize payments to d.p. Consulting Engineers, Inc. as follows: $4,750.00, Allan Meadows drainage study; $1,432.00, Boston Avenue pavement rehabilitation project; and, $1,523.00, upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to authorize payment to Excavators & Constructors, Inc. in the amount of $100,309.29, drainage improvements, Area 3. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. ' A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize payment of the bills for the month of February. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. 13. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that City staff is busy with Heritage Festival activities this week. Mayor Pro Tem Nugent announced that he will be filing to run for Mayor immediately following today's meeting. In accordance with the City Charter this will be an automatic resignation of his council position effective today. He thanked everyone for their support. f) 6 0 Minutes continued, March 8, 2004 15. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 4:20 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None. Absent: Councilmember Radcliff. ATTEST: Homer E. Nagel, Mayor City of Nederland, Texas LaDonna Floyd, City Clerk City of Nederland, Texas • ��4jiuFRLAN� 1 1 1 061 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Date Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Dick Nugent Council Member X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes Cit y Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X r Homer E. Nagel, Mayor - LaDonna Floyd, City Clerk March 8, 2004 Date 06`' INTERLOCAL CONTRACT I JEFFERSON COUNTY NARCOTICS TASK FORCE STATE OF TEXAS COUNTY OF JEFFERSON This Interlocal Contract ( "Contract ") is entered into by and between Jefferson County and Hardin County, each a political subdivision of the State of Texas, hereinafter referred to as ( "The Counties "), and the Cities of Beaumont, Port Arthur, Nederland, Groves and Port Neches, each a municipal corporation situated in Jefferson County, Texas, hereinafter called ( "The Cities "), pursuant to Chapter 791 of the Texas Government Code, concerning interlocal cooperation contracts. WITNESSETH WHEREAS, "The Counties" and "The Cities" wish to file a joint grant application with ' the Criminal Justice Division of the Office of the Governor, State of Texas, for funding in the amount of $ 918,854 for the continuation of the Jefferson County Narcotics Task Force, hereinafter referred to as ( "The Task Force ") and WHEREAS, ( "The Counties ") and ("The Cities ") have agreed to contribute the total of $ 519,514 in matching funds if said joint application is approved; and WHEREAS, the source of funds would not normally be used for this purpose; and WHEREAS, "The Counties" and "The Cities" believe it to be in their best interests to join in the application to maintain a multi- county, multi jurisdictional narcotics task force; and WHEREAS, "The Counties" and "The Cities" agree to accept the responsibility to adhere to all pertinent federal, state, and local laws and/or regulations. I U63 ' NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to allow the Counties of Jefferson and Hardin, and the Cities of Groves, Nederland, Port Neches, Port Arthur and Beaumont to file a joint application for a multi jurisdictional, multi -county narcotics task force with the Criminal Justice Division of the Office of the Governor of the State of Texas, which creates the Jefferson County Narcotics Task Force, which application is attached hereto as Exhibit "A" and made a part hereof for all purposes. ARTICLE II TERM 2.01 The term of this Agreement is to commence on June 1, 2004, and end on May 31, 2005. ARTICLE III CONSIDERATION 3.01 As consideration for this Agreement, "The Counties" and "The Cities" agree to contribute a total of $ 519,514 in matching funds for the enhancement of the Jefferson County Narcotics Task Force. During the term of this contract, the required cash match will be paid from task force program income accounts. ARTICLE IV GRANTEE AGENCY 4.01 Jefferson County is the Grantee for purposes of this contract and for purposes of receipt and distribution of all funds received from the Criminal Justice Division. The Jefferson County Sheriff's Department shall designate a senior staff officer to Iserve as Commander/Project Coordinator for the Task Force, who shall be 064 authorized to establish rules, regulations, directives, etc. for the effective operation , of the Task Force. 4.02 Jefferson County Sheriff G. Mitch Woods is designated the Project Director as required by Criminal Justice Division regulations. ARTICLE V OWNERSHIP OF EQUIPMENT 5.01 Upon termination of this Agreement, ownership of equipment, hardware, and other non - expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the State of Texas. ARTICLE VI ASSURANCES 6.01 The Parties to this Agreement as political subdivisions, are governed by the Texas Tort Claims Act, Chapter 101,001 et. seq., Civil Practice and Remedies Code. The I "Counties" and "Cities" warrant and represent to each other that they are self- insured or commercially insured for all claims falling within the Texas Tort Claims Act. 6.02 The parties to this Agreement agree that each party shall have no liability whatsoever for the acts or omissions of an individual employed by another party regardless of where the individuals' actions occurred. Each party is solely responsible for the action and/or omissions of its employees and officers. 6.03 The Parties certify that the Task Force is a project which meets all requirements of the Criminal Justice Division; that the information set forth in this Agreement is correct, and that the Parties will comply with the rules and 1 regulations of the Criminal Justice Division, Office of the Governor of the State of Texas. 6.04 The Task Force operates numerous vehicles. These include vehicles purchased by the Task Force, vehicles purchased by Jefferson County and leased to the Task Force, and vehicles seized and forfeited to the Task Force. The Parties agree to the following conditions relating to the operation of Task Force vehicles. 1. Each Party will assume all liability arising from the operation of Task Force vehicles by their employees. The Parties assume no liability for any employees other than their own. 2. The vehicles operated by the Task Force are not commercially insured. The Parties to this Agreement agree to assume liability for the operation of these vehicles by their officers and employees. 3. At the termination of this Agreement, each member agency agrees to return Task Force vehicles to Jefferson County in good condition, normal wear and tear accepted. ARTICLE VII AMENDMENTS 7.01 This Agreement, mat only be amended by the mutual agreement of the Parties Hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VIII LEGAL CONSTRUCTION 8.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such an invalidity, or Iunenforceability shall not affect any other provision thereof, and this Agreement ECG% shall be construed as if such invalid, illegal, or unenforceable provision had never I been contained herein. ARTICLE IX ENTIRE AGREEMENT 9.01 This Agreement supersedes any and all other agreements, either oral or in writing between the Parties hereto with respect to the subject matter hereof, and no other agreement or statement relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF 2004. FOR JEFFERSON COUNTY FOR THE CITY OF NEDERLAND Carl R. Griffith County Judge G. Mitch Woods Sheriff/Project Director Andre Wimer City Manager Darrell Bush Chief of Police 1 1 067 We are pleased to confirm our understanding of the services we are to provide the City of Nederland, Texas for the year ended September 30, 2004. We will audit the financial statements of the City as of and for the year ended September 30, 2004. A Comprehensive Annual Financial Report will be issued for the year. The report will be prepared following the guidelines recommended by the Government Finance Officers Association which will enable the City to receive the Certificate of Achievement awarded by the Association. We understand that the financial statements will be presented in accordance with the financial reporting model described ' in GASB Statement No. 34. If applicable, we will respond to the Texas Water Development Board's "Audit Request Attachment." Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the basic financial statements: 1. Schedule of expenditures of federal awards; if applicable. 2. Management's discussion and analysis. 3. Budgetary comparison schedules. 4. Supporting schedules — including infrastructure information under modified reporting. 5. GASB — required supplementary pension information. 6. Combining financial statements. The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion. 1. Statistical data Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on — 'P EKC Accouwing,NEDl509 -City or Ncdalandt2004xnylR.dnc Beaumont Office Orange Office 3440 Eastex Freeway • Beaumont, Texas 77703 1912 10 Street • Orange, Texas 77630 Tel: (409) 892 -0233 • Fax: (409) 892 -3701 Tel: (409) 883 -5306 • Fax: (409) 883 -8224 E -Mail: info@ekc- cpa.com • Web Address: www.ekc- cpa.com ACCOUNTING AUDITING TAX ESTATE PLANNING INFORMATION SYSTEMS • BUSINESS ADVISORY AND PLANNING PERSONAL FINANCIAL PLANNING Wm. Tim Edgar, CPA � Membm PI d- American imitule ofcerti6ed Publk Acc—wU Charles A. Kikm )r.. CPA Texu Sociey or Cabled Public Acc w=s •Einencial PI.— Aaoeiatbn Nalhao H. Cross, CPA I I ' Robert T. Edber. CPAiPFS, CEP• Guy L Zimmerman, CPA - Bndky D. Brown, CPA Ellis M. (Mike) Frw&. CPA EDGAR 1—ra Clerk. CPA KI KE R & Tadd A. Si CPA T.dd A'e M.lulq}en. CPA CROSS Cumel My -CPA ESTAaLIl XED 1993 Charlane Yeah, CPA Croy Roy. CPA Cody JR CPA C—rsuD PUBLIC ACCOUNTANTS! CONSULTANTS A PROFESSIONAL CORPORATION February 7, 2004 Honorable Mayor and Council Members City of Nederland, Texas P.O. Box 967 Nederland, TX 77627 We are pleased to confirm our understanding of the services we are to provide the City of Nederland, Texas for the year ended September 30, 2004. We will audit the financial statements of the City as of and for the year ended September 30, 2004. A Comprehensive Annual Financial Report will be issued for the year. The report will be prepared following the guidelines recommended by the Government Finance Officers Association which will enable the City to receive the Certificate of Achievement awarded by the Association. We understand that the financial statements will be presented in accordance with the financial reporting model described ' in GASB Statement No. 34. If applicable, we will respond to the Texas Water Development Board's "Audit Request Attachment." Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the basic financial statements: 1. Schedule of expenditures of federal awards; if applicable. 2. Management's discussion and analysis. 3. Budgetary comparison schedules. 4. Supporting schedules — including infrastructure information under modified reporting. 5. GASB — required supplementary pension information. 6. Combining financial statements. The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion. 1. Statistical data Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on — 'P EKC Accouwing,NEDl509 -City or Ncdalandt2004xnylR.dnc Beaumont Office Orange Office 3440 Eastex Freeway • Beaumont, Texas 77703 1912 10 Street • Orange, Texas 77630 Tel: (409) 892 -0233 • Fax: (409) 892 -3701 Tel: (409) 883 -5306 • Fax: (409) 883 -8224 E -Mail: info@ekc- cpa.com • Web Address: www.ekc- cpa.com 06 8 Honorable Mayor and Council Members City of Nederland, Texas February 7, 2004 Page 2 ' • Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Governmental Auditing Standards. • If applicable, internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass - through entities. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A -133, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A -133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities ' Management is responsible for establishing and maintaining internal control and for compliance with the provisions of contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on ' the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications Honorable Mayor and Council Members 069 City of Nederland, Texas February 7, 2004 Page 3 from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Additionally, as required by OMB Circular A -133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. As required by the Single Audit Act Amendments of 1996 and OMB Circular A -133, our audit will include test of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements (whether caused by errors or fraud), illegal acts, or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, immaterial illegal acts, or illegal acts that do not have a direct effect on the financial statements or major programs. However, we will inform you of any material errors that come to our attention and any fraud that comes to our attention. We will also inform you of any illegal acts that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is ' limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the City of Nederland's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Test of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the fmancial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to 1 Honorable Mayor and Council Members City of Nederland, Texas February 7, 2004 Page 4 Government Auditing Standards. As required by OMB Circular A -133, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A -133. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by OMB Circular A -133. Audit Procedures — Compliance 1 Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Nederland's compliance with applicable laws and regulations and the provisions of contracts and agreements, ' including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A -133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the entity has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A -133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Nederland's major programs. The purpose of those procedures will be to express an opinion on the City of Nederland's compliance with requirements applicable to major programs in our report on compliance issued pursuant to OMB Circular A -133. Audit Administration, Fees, and Other We understand that your employees will locate any invoices selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide an original and print - ready master of our reports to the City. However, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass - through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for ' Honorable Mayor and Council Members City of Nederland, Texas ' February 7, 2004 Page 5 audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The workpapers for this engagement are the property of Edgar, Kiker & Cross, PC and constitute confidential information. However, we may be requested to make certain workpapers available to certain cognizant or grantor agencies pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Edgar, Kiker & Cross, PC personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to those cognizant or grantor agencies. Those cognizant or grantor agencies may intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. The workpapers for this engagement will be retained for a minimum of three years after the date the auditors' report is issued or for any additional period requested by oversight agency for audit. If we are aware that a federal awarding agency, pass - through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the workpapers. We expect to conclude our audit on approximately December 14, 2004 and to issue our reports no later than December 30, 2004. Our fee for these services will be at discounted hourly rates plus out -of- pocket costs (such as report reproduction, typing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $31,400 with single audit or $28,900 without single audit. Our hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. The ' above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2000 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of Nederland and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, , k:.ke4 i Ot.aA� EDGAR, KIKER & CROSS, PC Certified Public Accountants and Consultants RESPONSE: This letter correctly sets forth the understanding of the City of Nederland By: ' Title: AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE REPEALING THE AMENDMENT TO ORDINANCE NO. 107, DATED NOVEMBER 11, 1991 AND AMENDING ORDINANCE NO. 107 BY PROVIDING FOR THE REGULATION OF TRAFFIC IN SCHOOL ZONES UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to speed limits and traffic regulation in school zones. NOW, THEREFORE, be it ordained by the City of Nederland, Texas: SECTION I - SPEED LIMITS FOR SCHOOL ZONES A twenty miles per hour speed zone shall be maintained at locations listed within this ordinance and identified by signs reading: "TWENTY MILES PER HOUR 7:15 AM until 4:15 PM MONDAY THROUGH FRIDAY". For the purpose of this ordinance, this speed limit will apply on each Monday through Friday from 7:15 a.m. to 4:15 p.m. while school is in session or school activities are scheduled at the listed location as authorized by the Nederland Independent School District which will include but are not limited to all regular school days, special attendance days, and Summer School being conducted at a particular campus. At other times, the speed limit shall be thirty miles per hour. The locations are as follows: a) South 6th Street from Avenue E to Nederland Avenue b) Nederland Avenue from 300' Northeast of South 9th to South 5th Street C) 12th Street from Detroit Avenue to Helena Avenue d) 13th Street from Detroit Avenue to Helena Avenue e) Helena Avenue, 150' Northeast of 14th Street to 150' Northeast of 12th Street f) Boston Avenue from 15th Street to 17th Street g) North 17th Street from Nederland Avenue to Detroit Avenue h) 21st Street from Nederland Avenue to Detroit Avenue i) Atlanta Avenue from North 17th Street to North 21st Street j) Detroit Avenue from North 17th Street to North 21st Street k) North 18th Street from Seattle Avenue to Spurlock Road 1) North 27th Street from Gary Avenue to Memphis Avenue m) Helena Avenue from North 23rd Street North 30th Street n) South 27th Street from Avenue N to Avenue G 0) Avenue H from South 23rd Street to South 29th Street P) South 29th Street from 1300 block to 1500 block SECTION II - PENALTY Any person, corporation or entity who violates this Ordinance by exceeding the speed limit applicable to a listed location, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable by a fine not to exceed $200.00. SECTION III - REPEALING CLAUSE All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION IV - SEVERABILITY CLAUSE If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. SECTION V - EFFECTIVE DATE AND PUBLICATION ' This ordinance shall take effect from and after its passage and publication as required by law. PASSED AND APPROVED by the City Council of the City of Nederland Texas, this the I day of I" "_L'_ ,I , 2004. A.D. ATTEST/T: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Attorney 1 1 Homer Nagel, Mayor City of Nederland, Texas �7 -, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 22, 2004 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve the minutes of the March 8, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Vacant: Council Ward IV. PUBLIC OFFICIALS Mayor Nagel explained that when a vacancy occurs on the City Council the City Charter requires that they appoint a replacement within 30 days of the vacancy. An appointment is necessary due to the recent resignation of Councilmember Nugent, who resigned in order to file for candidacy in the upcoming mayoral race. A motion was made by Mayor Nagel and seconded by Councilmember Neal to appoint Nicholas Phillips to fill the unexpired terra of the Ward IV Councilmember. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None. Vacant: Council Ward IV. LaDonna Floyd, City Clerk, administered the Oath of Office to Nicholas Philllips. A motion was made by Councilmember Radcliff and seconded by Councilmember Neal to appoint Councilmember Sawyer as Mayor Pro Tern to fill the unexpired term of Mayor Pro Tern Nugent. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 4. RESOLUTION A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel to approve Resolution 2004 -03, opposing school finance or tax system reforms that would negatively affect City revenues and economic development efforts. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. Minutes continued, March 22, 2004 STREETS AND SIDEWALKS A motion was made by Councilmember Radcliff and seconded by Councilmember Neal to approve the closure of 17th Street from Atlanta to Detroit; Detroit from 17th Street to 21St Street; 215` Street from Detroit to Atlanta; and, Atlanta from 21st Street to 17th Street on April 3rd from 8:00 a.m. until 10:00 a.m. for the First Baptist Church Fun Run. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. BIDS /PURCHASES A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Sawyer to authorize the purchase of a 1 -ton diesel pickup truck for the Fire Department, Department of Homeland Security Grant, through HGAC in the amount of $33,496.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Neal to authorize the purchase of 250 manhole inserts from Municipal Marketing Systems, Friendswood, TX, in the amount of $23,625.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. ' Noes: None. GRANT A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel to authorize the submission of an application to the Federal Emergency Management Administration /Department of Homeland Security for the 2004 Assistance to Fire Fighters Grant, in the amount of $190,000.00 to refurbish the City's aerial ladder truck. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 8. CONTRACTS /AGREEMENTS A motion was made by Councilmember Neal and seconded by Mayor Nagel to approve a contract with CompLink for flexible benefits administration services. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve a Letter of Engagement with G. P. Monnin Consulting, Inc. for calculations regarding the financial impact of post- retirement benefits. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. (1 i' Minutes continued, March 22, 2004 9. SEWER LINE PROJECT A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Radcliff to approve the installation of culverts at 703 South 5th Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 10. PAYMENTS A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Sawyer to approve payments to Brystar Contracting, Inc. as follows: $112,305.58, wastewater collection system improvements (Years 4 & 5); $12,492.50, manhole frame reconstruction; and, $213.558.23, South 5`h Street sewer rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nagel to approve payments to Schaumburg & Polk, Inc. as follows: $5,235.36, 2002 -2003 wastewater collection system improvements (Year 5); and, $1,519.44, South 5th Street sewer rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve payment to Peltier Brothers Construction, Ltd. in the amount of $24,802.60, sanitary sewer manhole sealing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. 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; and Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; and, consultation with City Attorney. 12. RECONVENE The regular meeting was reconvened at 7:20 p.m. by Mayor Nagel. A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Sawyer to instruct the City Attorney to dismiss the litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant contingent upon documents being signed by both companies. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. Minutes continued, March 22, 2004 13. OFFICIALS' COMMENTS Mayor Nagel stated that he has received several comments regarding the lights in school zones blinking all day. It appears that this is causing some confusion for drivers. He stated that staff may consider reviewing the ordinance that was recently approved. Andre' Wimer, City Manager, reported that the City's auction will be held at the Warehouse on Saturday, March 27`h 14. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Radcliff to adjourn the meeting at 7:35 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. IATTEST: LaDonna Floyd, City Jerk City of Nederland, Texas U 1 Homer E. Nagel, Mayor City of Nederland, Texas ;!') v CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Nicholas Phillips Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X Homer E. Nagel, May& VO�w'2c LaDonna Floyd, City Clerk March 22, 2004 Date 073 FBP Services Agreement This Agreement is entered into by and between CompLink, L.P. ( "Company ") and City of Nederland ( "Client ") and "Client's" successors and assigns. The parties to this Agreement shall sometimes be referred to herein collectively as "the Parties" WHEREAS, it is understood that Client has established a Section 125 and/or Section 132 Flexible Benefits Plan (FBP), and WHEREAS, it is understood that Client has need for assistance in performing certain administrative services in connection with its FBP, and WHEREAS, Company provides assistance, as set forth in this Agreement, to employers in performing the aforementioned administrative services, and WHEREAS, Client and Company wish to enter into an agreement whereby Client shall obtain Company's assistance in performing the aforementioned administrative services, in accordance with the terms herein. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows: ARTICLE I. EFFECTIVE DATE The effective date of this Agreement shall be July 1, 2004 , the "Effective Date." ARTICLE II. SERVICES TO BE PERFORMED BY COMPANY As of the Effective Date of this Agreement, Company shall provide the FBP administrative services as listed below, to the extent Client has subscribed to same on the attached Exhibit A - Schedule of Selected Services and Fees, which schedule is incorporated herein: 1. Prepare a custom Section 125 FBP Plan Document Including specific provisions for a Premium Conversion Account. 2. Provide a Summary Plan Description (SPD) to Client for distribution to all Participants in an Electronic document. Should Client require printed SPDs, the associated costs of printing and shipping will be charged back to Client. ' 3. Maintain 7:00 am to 7:00 pm (Central Time) loll -free customer service telephone support Monday through Friday. 4. Make employer standard reports available 24 hours a day, seven days a week via the Internet. 5. Provide section 125 FBP Plan Document amendments. 6. Provide annual anti - discrimination testing of the Plan. 7. Provide Form 5500 and appropriate Schedules within 90 days following the end of the Plan Year. 8. Respond to all reasonable Client requests for ad hoc reporting. 9. Provide enrollment meeting support with materials, slide shows or on -site Company staff as requested by Client. 10. Provide additional notification and election services as may, from time to time, be required by changes in the IRS code. ARTICLE III. DUTIES OF THE CLIENT A. Client shall provide Company, in manner as from time to time prescribed by Company, the following: 1 . Initial eligibility data via electronic feed or paper not less than ten business days prior to the effective date of the plan. 2. Eligibility updates for new participants, terminated participants, and status changes not more than ten business days from the date Client has knowledge of such occurrence. 3. Required premium information necessary to complete Form 5500 and the appropriate Schedules within 60 days following the end of the Plan Year. B. Effective and timely performance by Company of its duties and responsibilities pursuant to this Agreement requires that Client provide Company with accurate and timely Information. Client agrees to hold Company harmless when Client fails to provide information necessary to Company's performance of services in compliance with statutory requirements and this Agreement. C. In the event of termination of this Agreement, Client shall notify all Participants of such termination. ARTICLE IV. COMPENSATION A. Company will be compensated by Client in accordance with Exhibit A - Schedule of Selected Services and Fees, attached hereto. B. Payment of the fees will be due thirty days from date of Company invoice. If payment is not received by the thirtieth day, Company will send an additional statement reflecting the balance forward of fees due. If payment is not received by the sixtieth day. Company will cease processing of Participant claims. Company retains the right to offset fees from COBRA premiums received if Client also has COBRA services provided by Company. The compensation provided for in this Article shall remain in effect until the end of the Plan Year following the Effective Date of this Agreement. C. Thereafter, Company may amend Exhibit A - Schedule of Selected Services and Fees attached hereto, by providing Client written notice of such amendment at least sixty (60) days prior to the commencement of any Plan Year. Any amended schedule will apply to events and service activities occurring on or after commencement of the Plan Year following such amendment. (�njj ARTICLE V. TERMINATION A. Either party may terminate this Services Agreement. Notice of termination must be made In writing. Termination will be effective on the last day of the month following the month in which such notice is sent by party giving notice, except in the following Instances, whereby termination will be effective immediately: 1. When the compensation owed Company remains unpaid 30 days beyond due date. 2. The last date Client no longer has a Section 125 Plan In place. 3. The date on which a proceeding is filed by or against Company or Client under bankruptcy statutes of the United States, or Client is placed under receivership or trusteeship under any state or federal statute. B. In the event of termination of this Agreement, Company shall have no further duty, obligation or responsibility under this Agreement after the termination date. C. Under no circumstances will CompLink be obligated to notify any Participant of the termination of this Agreement. ARTICLE VI. GENERAL INDEMNIFICATION Each party (the 'Indemnifying Party ") shall indemnify, hold harmless, and defend the other party (the 'Indemnified Parry ") from any and all claims, demands, litigation, expenses and liabilities (including costs and attorneys' fees) of every nature arising from or incident to the Indemnifying Party's acts or omissions. ARTICLE VII. GENERAL PROVISIONS A. AMENDMENTS: This Agreement may be modified in writing by amendment to this Agreement at anytime with the mutual consent of the Parties. B. ENTIRE CONTRACT: This Agreement is the entire contract between the Parties. C. TEXAS LAW GOVERNS: This Agreement is negotiated and executed in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas. All services performed by Company are deemed as performed in Jefferson County, Texas. D. INDEPENDENT CONTRACTOR: In performing its duties and responsibilities pursuant to this Agreement, CompLink Is acting at the direction of the Client. E. NOTIFICATION: All written communications, demands and notices between The Parties hereto must be posted by first class mail, postage paid. If to the: Company: Client: CompLink, L.P. City of Nederland 106 Decker Court, Suite 200 P. O. Box 967 Irving, TX 75062 Nederland, TX 77627 ' Attn: Director, Cafeteria Plan Services Attn: Andre' Wimer, City Manager F. SEVERABILITY: In the event that any provision of this agreement is determined to be invalid, illegal, or unenforceable, such provision is severable from all other provisions of this Agreement, and such other provision shall remain valid and in effect. IN WITNESS WHEREOF, Company and the Client have caused this Agreement to be executed by their authorized representatives this day of March 2004. CompLink, L.P. By: (Signature - CompLink) Title: (Title) City of Nederland ( "Client ") By: (Signature - City of Nederland) Title: (Title) IEXHIBIT A - Schedule of Selected Services and Fees Flexible Benefits Administration for: City of Nederland ( "Client ") One Time Set -Up Fee: $75.00 Premium Conversion Account: $0.25 Optional Services: P/ease:lnit'lal:nezf to: each op3 /oiial, seiv/Oa::: Initial Plan Document: Included Fee's approved by: (Signature) 1 7 Plan Document Amendments, per Amendment: Included Discrimination Testing, per plan: $300.00 Electronic Summary Plan Description: Included Form 5500 Preparation, per Form: $100.00 Fee's approved by: (Signature) 1 7 Letter of Engagement I A Services— City of Nederland (the Client) has contracted with G.P. Monnin Consulting, Inc. (GPMC) to perform the services described below. Provide calculations regarding the financial impact of liberalizing post retirement medical health benefits. It is anticipated that the cost for the projections will be in the range of $5,000 to $7,500. While this is not a fixed priced contract, GPMC will make every effort to live within this budget and will notify the Client if there is any danger of exceeding the budget at the earliest possible time. B. Fees - The fees for providing such services are described below. Billing will be provided on a monthly basis. Client will submit payment within 15 days of receipt of invoice. Billing will be on a time and materials basis utilizing hourly rates in effect at the time work was performed. C. Reliances - It is anticipated in the performance of the services described above that information will be provided to GPMC in written form, via computer diskette, via fax, via e -mail, verbal discussions, and any other method. GPMC will rely on the data provided by the Client. Gary P. Monnin, FSA, MAAA President G.P. Monnin Consulting, Inc. (Signature) (Print Name) (Print Title) (Print Company Name) (Date) (Date) GPM/kyd 031804ENG065 G. P. Iv][®lv'IUIN CONSULTING, INC. 083 r CITY OF NEDERLAND RESOLUTION NO. 2004 -03 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, OPPOSING ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS. WHEREAS, it is likely that the Texas Legislature will address school finance and tax system reforms in the near future; and WHEREAS, during these deliberations by the Texas Legislature, proposals to limit the ability of cities to collect property taxes and sales taxes are likely to be offered by some members of the Legislature; and WHEREAS, additional restrictions on city taxes fly in the face of a history of frugal tax administration by Texas cities; and WHEREAS, all Texas cities combined collect only 15.3 percent of all property taxes collected in the State of Texas, while schools collect more than 60 percent; and ' WHEREAS, between 1985 and 2002, the municipal share of all property tax revenue fell from 20.3 percent to 15.3 percent; and WHEREAS, adjusted for inflation, municipal property taxes went up by only 37 percent between 1985 and 2002, while population grew by 33 percent, demonstrating that growth in municipal property tax levies roughly matched population growth; and WHEREAS, Texas cities rely on tax revenue to build basic infrastructure, to ensure public safety through police and fire departments, and to provide numerous essential services for city residents, who are 80 percent of the State's population; and WHEREAS, cities engage in numerous economic development activities that produce jobs and revenue for the entire State of Texas; and WHEREAS, cities must meet the challenges of homeland security and compliance with State and Federal mandates, many of which are unfounded mandates; and WHEREAS, Texas cities have shown over the years that they are fiscally responsible and good stewards of taxpayers' money; and WHEREAS, efforts to limit the ability of cities to collect sales and property tax revenues or to set tax rates would have severe negative impacts on city services, city employees, economic development efforts, and ultimately the citizens of the State of Texas. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS that: That the governing body of the City of Nederland will oppose all school finance or tax reform efforts by the Texas Legislature that negatively impact the ability of the City to provide basic essential services, conduct economic development activities, and ensure public safety by limiting our ability, beyond the provisions of current law, to collect property tax or sales tax revenues. 084 PASSED AND APPROVED this the U day of 2004. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci ttomey City of Nederland, Texas [ - I 1 F� REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 3:00 p.m. April 12, 2004 CALL MEETING TO ORDER The regular 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 Councilmember Neal to approve the minutes of the March 22, 2004 as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 3. PROCLAMATION A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve a Proclamation declaring April 2004 as "Sexual Assault Awareness and Prevention Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 4. FINANCE — INVESTMENT REPORT Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report. A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Sawyer to accept the Quarterly Investment Report as presented by the Finance Department. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 5. BIDS /PURCHASES A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve the purchase of rescue air lifting bags for the Fire Department, Department of Homeland Security Grant, 2003. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. I Noes: None. I`; 5 0 Minutes continued, April 12, 2004 A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve the purchase of Self- Contained Breathing Apparatus cylinders for the Fire Department, FEMA Assistance to Firefighters Grant, 2003. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to authorize the advertisement of bids for Allan Meadows drainage improvements to be received May 6, 2004, at 2:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 6. STREETS AND SIDEWALKS A motion was made by Councilmember Neal and seconded by Councilmember Phillips to authorize the installation of a street light near 2115 Avenue D. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. STREETS AND SIDEWALKS Andre' Wimer, City Manager, reviewed the proposed 2004 Street Program. He reminded Council that the City and Jefferson County work together on the street programs each year. Jefferson County will be opening bids for street materials soon and once those costs are determined a more accurate cost estimate can be provided. Mr. Wimer stated that the cost for this year's street program should be between $225,000 and $250,000. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel to approve the 2004 Street Program as presented. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. ZONING ORDINANCE Andre' Wimer, City Manager, explained that this item to discuss potential amendments to Zoning Ordinance No. 2001 -17, Section 18, requirements governing lot size, was due to the recent issue arising concerning private driveways on certain zoned property. After the denial of a zoning change request by Mr. Gillespie the Council had instructed City staff to review the policies of other cities regarding private driveways. Our current ordinance only allows for private driveways in certain zoned areas, for example on property zoned for apartments. However, they are not allowed in residential and multi - family zoning designations. Mr. Wimer suggested that if the ordinance is changed that it should set strict standards. Minutes continued, April 12, 2004 Mayor Nagel stated that he felt City staff should continue to research this issue. He is of the opinion that we do need additional designations to address the problems that have arisen lately. He added that there are several areas in town that will not be able to be developed if changes are not made. It was the consensus of the Council that staff further study this issue and report back to them with a recommendation. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel to approve payment to Neches Engineers in the amount of $2,522.55, Fire Station structural investigation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Radcliff to approve payments to d.p. Consulting Engineers, Inc. as follows: $1,281.00, Boston Avenue rehabilitation project; $1,930.80, Allan Meadows drainage study; and, $1,428.00, upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Phillips to approve payments to Schaumburg & Polk, Inc. as follows: $4,971.96, 2002 -2003 wastewater collection system improvements (Year 5); $846.80, South 5`h Street sewer rehabilitation; and, $11,265.00, smoke testing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nagel to approve payment to Brystar Contracting, Inc. in the amount of $108,651.14, South 5th Street sewer rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve payment of the bills for the month of March. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. WIN 038 Minutes continued, April 12, 2004 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reminded Council that beginning next Saturday the Cities of Nederland, Port Neches, and Groves will once again offer its citizens the opportunity to dispose of green waste once a month through the summer at the old landfill site. Councilmember Neal commended the Police Chief and Fire Chief for an excellent job on their annual reports. 12. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Phillips to adjourn the meeting at 3:50 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ' aDonna Floyd, City Clerk City of Nederland, Texas 1 FRLAN� 1 t 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Ma or X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Nicholas Phillips Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd Citv Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Galloway Assistant to the City Manager X -Kelly Lois Coco Acting CiV Clerk X Homer E. Nagel, Mayor LaDonna Floyd, City Clerk April 12 2004 Date 's 3 t.1jV P.O. Box 967 • Nederland, Texas 77627 • (409) 723.1503 • FAX (409) 723 -1550 Investment Report For the Quarter Ending March 31, 2004 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 n a — Cheryl D wdcn, . ire-ctor of Finance "Progrcaimneel for Progress„ 1 1 1 Homer E. Nagel, Mayor R.A. "Dick' Nugent, Mayor Pro tern Robert Sawyer, Councilmember City o, f Nederland R B Neal, Councilmember Judy Radcliff, Councilmember Andre 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, 2004 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 n a — Cheryl D wdcn, . ire-ctor of Finance "Progrcaimneel for Progress„ 1 1 1 1 1 091 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2004 Investments at Beginning of Period (1 -1 -04) $4,854,548.22 Purchases 12,384.97 Maturities 0.00 Investments at End of Period (3- 31 -04) $4,866,933.19 Maturity Summary at March 31, 2004 Es Less than 3 months 0 9 to 12 months 9912 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2004 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund Police Narcotics Fund SRF Escrow & Construction Funds MCML Dispatch Bond Redemption Fund Balance @ Balance @ 1 -1 -04 Purchases Maturities 3 -31 -04 $3,493,255.04 $8,930.23 $3,502,185.27 28,645.38 47.67 28,693.05 1,059,298.47 2,708.04 1,062,006.51 10,218.86 26.17 10,245.03 686.61 1.82 688.43 371.31 0.91 372.22 39,512.05 101.00 39,613.05 155,792.28 398.32 156,190.60 626.03 1.70 627.73 66,142.19 169.11 66,311.30 $4,854,548.22 $12,384.97 $0.00 $4,866,933.19 Fund Allocation at March 31, 2004 (72.0 %) General Fund a (1.6 %) Other (3.2%) SRF Escrow Fund rK (1.4 %) Bond Redemption Fund (21.8 %) Water 8 Sewer Fund 1 1 1 1 1 093 Investment Report Schedule Investments for the Quarter ended March 31, 2004 CERTIFICATES OF DEPOSIT Interest Earned for Quarter Certificate Purchase Maturity Days to Interest ended March 31, Number Date Date be held Rate Face Amount 2004 Maturing during quarter ended March 31, 2004 Library Special Fund 253040 01/03/03 01/03/04 365 Interest Earnings on Matured CDs for quarter ended March 31, 2004 Held at March 31, 2004 Library Special Fund 2307082 01/05/04 01/04/05 365 Interest Earnings on CDs held at March 31, 2004 Total Interest Earned on CDs for the quarter ended March 31, 2004 Total Certificates of Deposit held at March 31, 2004 1.22% 10,000.00 $10.03 1.34% 10,000.00 31.62 31.62 $41.65 $ 10,000.00 r,94 Investment Report Schedule Investments for the Quarter ended March 31, 2004 INVESTMENT POOL - TEXPOOL I Totals for TEXPOOL Investments $4,844,548.22 $12,384.97 $4,856,933.19 1 1 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 01/01/04 03/31/04 1 1.02% $3,493,255.04 $8,930.23 $3,502,185.27 Water & Sewer 01/01/04 03/31/04 1 1.02% 1,059,298.47 2,708.04 1,062,006.51 Bond Redemp. 01/01/04 03/31/04 1 1.02% 66,142.19 169.11 66,311.30 Capital Outlay Fund 01/01/04 03/31/04 1 1.02% 371.31 0.91 372.22 Motel Occupancy 01/01/04 03/31/04 1 1.02% 10,218.86 26.17 10,245.03 Library Special 01/01/04 03/31/04 1 1.02% 18,645.38 47.67 18,693.05 Solid Waste Fund 01101104 03131104 1 1.02% 686.61 1.82 688.43 SRF Construction Fund 01/01/04 03/31/04 1 1.02% 155,792.28 398.32 156,190.60 MCML Dispatch 01/01/04 03/31/04 1 1.02% 626.03 1.70 627.73 Police Narcotic Fund 01/01/04 03/31/04 I 1.02% 39,512.05 101.00 39,613.05 Totals for TEXPOOL Investments $4,844,548.22 $12,384.97 $4,856,933.19 1 1 095 Investment Report Schedule ' Investments for the Quarter ended March 31, 2004 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate March 31, 2004 Bond Redemp. 01/01/04 03/31/04 1 1.29% 33.91 Drainage Construction Fund 01/01/04 03/31/04 1 1.29% 1,429.26 Equipment Replacement Funds 01/01/04 03/31/04 1 1.29% 163.48 General Fund 01/01/04 03/31/04 1 1.29% 1,478.18 Library Special 01/01/04 03/31/04 1 1.29% 31.81 Motel Occupancy 01/01/04 03/31/04 1 1.29% 0.49 Nederland Economic Development 01/01/04 03/31/04 1 1.29% 4,386.80 Parks & Rec. Fund 01/01/04 03/31/04 1 1.29% 4.61 Police Narcotic Fund 01/01/04 03/31/04 1 1.29% 48.95 Solid Waste Fund 01/01/04 03/31/04 1 1.29% 273.83 SRF Construction & Escrow Fund. 01/01/04 03/31/04 1 1.29% 1,922.41 SSES Fund 01/01/04 03/31/04 1 1.29% 985.56 W & S Certificate Fund 01/01/04 03/31/04 1 1.29% 32.93 Water & Sewer 01/01/04 03/31/04 1 1.29% 532.33 Wastewater Construction Fund 01/01/04 03/31/04 1 1.29% 1,585.46 $11,324.55 1 1 n9F Investment Report Schedule March 31, 2004 Interest Earnings for Quarter Ended March 31, 2004 Bond Redemption Fund $203.02 Capital Outlay 0.91 Drainage Construction Fund 1,429.26 Equipment Replacement Funds 163.48 General Fund 10,408.41 Library Special Fund 121.13 MCML Dispatch 1.70 Motel Occupancy Tax Fund 26.66 Nederland Economic Development 4,386.80 Parks & Recreation Special Fund 4.61 Police Narcotic Account 149.95 Solid Waste Fund 275.65 SRF Escrow & Construction Funds 2,320.73 SSES Fund 985.56 W & S Certificate Fund 32.93 Water Fund 3,240.37 $23,751.17 09( REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 26, 2004 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve the minutes of the April 12, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 3. ORDINANCE A motion was made by Councilmember Radcliff and seconded by Councilmember Phillips to approve an Amendment to Ordinance No. 164, setting Council meeting dates. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel to approve payment to Peltier Brothers Construction, Ltd. in the amount of $107,346.20, sanitary sewer manhole sealing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 6:05 p.m. by Mayor Nagel for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel — City Manager; 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.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; and, consultation with City Attorney. r1 q � Minutes continued, April 26, 2004 6. RECONVENE The regular meeting was reconvened at 6:32 p.m. by Mayor Nagel. He ' announced that the Executive Session was held for informational purposes only. OFFICIALS' COMMENTS None. 8. ADJOURN There being no further business, a motion was made by Councilmember Phillips and seconded by Councilmember Radcliff to adjourn the meeting at 6:35 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ' 'CaDonna Floyd, City Clerk City of Nederland, Texas V 1 lC� 2 * 1 r CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Nicholas Phillips Council Member X Andre Wimer City Manager X LaDonna Floyd City Clerk X Lois Coco Acting City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Homer E. Nagel, Mayor ' LaDonna Floyd, City Clerk April 26, 2004 Date AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 10, 2004 THROUGH APRIL 25, 2005. 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 of the below regular meeting shall begin at 3:00 p.m. on each of the following dates: May 10, 2004 June 14, 2004 July 12, 2004 August 9, 2004 September 13, 2004 October 11, 2004 November 8, 2004 December 6, 2004 January 10, 2005 February 14, 2005 March 14, 2005 April 11, 2005 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: May 24, 2004 June 28, 2004 July 26, 2004 August 23, 2004 September 27, 2004 October 25, 2004 November 22, 2004 December 13, 2004 January 24, 2005 February 28, 2005 March 28, 2005 April 25, 2005 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 26th day of April, 2004. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. HughesLUity Attorney City of Nederland, Texas l() REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. May 10, 2004 1_ MFFTING 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 Mayor Pro Tern Sawyer and seconded by Councilmember Phillips to approve the minutes of the April 26, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 3. PRESENTATION Carolyn Motl, Entergy, Inc., addressed Council relative to the City of Nederland being redesignated as a Team City. She introduced Eric Shaw, Chair of Team City Nederland. Mr. Shaw reviewed the goals obtained during the last two years. They held a business appreciation dinner with over 100 business people in attendance, as well as honor a small business person of the year — last year was Rita Renkema and this year is Jimmy Braud. Mr. Shaw added that with the help of the Nederland Economic Development Corporation the website has been kept up to date for potential business interest to obtain information about our community. Ms. Motl briefly reviewed the goals for the next two years and asked that the Council continue to support their efforts and goals. She then presented a plaque to Mayor Nagel with the redesignation status. Ms. Motl introduced the teacher sponsor, Buffy Spell, for the Teen Team City. Stefan Rice, Nederland High School student and member of the Teen Team City informed the Council that through the junior achievement program they attend secondary schools and teach the younger citizens of the community on how services are provided and the importance of small businesses. Amber Fontenot, NHS and Teen Team City member presented a check in the amount of $1,000 to the Chamber of Commerce to be used for the Christmas Lighting Committee. The funds were from their recent fund raiser. Mayor Nagel called for a recess at 3:11 p.m. 4. RECONVENE The regular meeting was reconvened at 3:23 p.m. by Mayor Nagel. I d 2 Minutes continued, May 10, 2004 5. PROCLAMATION Mayor Nagel presented a proclamation to Rick Williams, Chamber of Commerce I President, declaring May 10 -15, 2004 as "National Tourism Week" in Nederland. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve a proclamation declaring May 10 -15, 2004 as "National Tourism Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 6. RESOLUTION A motion was made by Councilmember Phillips and seconded by Councilmember Radcliff to approve Resolution 2004 -04, endorsing the 10 -year initiative to end chronic homelessness. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 7. PERSONNEL—INSURANCE Andre' Wimer, City Manager, explained that bids were received last week for group health benefits and that this item was placed on the agenda for discussion only, with award of bids to be at the next meeting. The bids indicated there will ' be a significant increase. He presented Council with a spreadsheet showing all aspects of the bids, as well as the level of benefits. Mr. Wimer added that currently the City pays for employee coverage and seventy -four percent (74 %) for dependents, with the employee contributing the remaining twenty -six percent (26 %). He also provided a comparison of benefits with the Cities of Port Neches and Groves. Terry Hale, the City's consultant, will be at the next meeting to provide further details of the bids received. 8. ORDINANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve Ordinance No. 2004 -02, animal control ordinance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 9. BIDS /PROPOSALS A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to award bids received for Allan Meadows drainage improvements to Jerry Walley Construction, L.P., Lumberton, TX, in the amount of $14,322,50. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. r Minutes continued, May 10, 2004 A motion was made by Councilmember Phillips and seconded by Councilmember Radcliff to authorize the purchase of a cargo trailer for the Fire ' Department, Department of Homeland Security Grant, from Industrial Trailer Company, Ltd., Houston, TX, in the amount of $24,998.43. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 10. GRANTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to authorize the submission of a Tobacco Compliance Grant. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 11. CONTRACTS /AGREEMENTS A motion was made by Mayor Nagel and seconded by Councilmember Phillips to approve an amendment to the Jefferson County Rural Fire Prevention District #1 Agreement. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. ' A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve an assignment of right -of -way for Conoco Phillips Company. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 12. EASEMENT A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve an Easement Agreement with the Bell Family Limited Partnership. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 13. STREETS AND SIDEWALKS A motion was made by Councilmember Neal and seconded by Councilmember Phillips to authorize the installation of a street light at 215 South 1 '/2 Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 1 10") 104 Minutes continued, May 10, 2004 14. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel to ' approve payments to d.p. Consulting Engineers, Inc. as follows: $1,045,00, upper Main "C" drainage improvements; and, $1,140.00, Boston Avenue rehabilitation project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve payment to ALLCO, Inc. in the amount of $45,606.24, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nagel to approve payments to Neches Engineers as follows: $1,320.00, Fire Station structural investigation; and, $697.32, Water Treatment Plant roof design. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. A motion was made by Councilmember Phillips and seconded by Mayor Pro Tern Sawyer to approve payment of the bills for the month of April, 2004. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. , Noes: None. 15. EXECUTIVE SESSION The regular meeting was recessed at 4:05 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.; litigation against KSA Engineers, Inc. an ALLCO, Inc. regarding Water Treatment Plant; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; and, consultation with City Attorney. 16. RECONVENE The regular meeting was reconvened at 4:17 by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 17. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that Chief Bush received grant funding to , be used for handheld radios that will insure that all three cities will be able to communicate with each other. He added that next Saturday the citizens of Minutes continued, May 10, 2004 Nederland will once again have the opportunity to dispose of green waste at the old landfill site. Mr. Wimer advised Council that very preliminary discussions are underway regarding the possibility of a youth sports facility be built on a portion of the old landfill site. Councilmember Phillips wanted to take this opportunity to thank the Council for their confidence to allow him to serve the unexpired term vacated by Mr. Nugent. 18. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Phillips to adjourn the meeting at 4:24 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. ATTEST: (nI / LaDonna Floyd, City Clerk City of Nederland, Texas n Homer E. Nagel, Mayor City of Nederland, Texas l.9 ; �RLAN:a�``��\\a I () 5 106 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Nicholas Phillips Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X Ho er E. Nagel, Mayor 6 p. aDonna Floyd, City Clerk May 10, 2004 Date Ll 1 1 WHEREAS, the Bush Administration has called for a 10 -year Initiative to End Chronic Homelessness; and WHEREAS, chronically homeless individuals and families, those with the most persistent forms of homelessness, are afflicted not only by poverty but also by chronic conditions such as mental illness and substance abuse; and WHEREAS, many of these individuals and families cycle repeatedly through our local shelters, hospital emergency rooms, psychiatric wards, detoxification programs, and even criminal justice system; and WHEREAS, there exists new research findings, housing programs and discharge planning models that demonstrate that ending chronic homelessness is within the nation's grasp; and WHEREAS, the Southeast Texas Coalition for the Homeless and its membership are on the front lines of response to homelessness; and WHEREAS, the abolition of chronic homelessness requires collaboration and coordination of resources at all levels of government, together with community institutions, businesses, and faith -based organizations, to best determine how to implement prevention and intervention strategies; and WHEREAS, the South East Texas Regional Planning Commission through the Southeast Texas Coalition for the Homeless will, in partnership with area agencies, lead a regional effort to develop a plan by which chronic homelessness can be addressed for strategic eradication in 10 years. NOW. THEREFORE, BE IT RESOLVED that the City of Nederland supports the 10 -year initiative to create and implement performance based, results oriented strategic plans to end chronic homelessness. PASSED AND APPROVED this / O day of 1 2004. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att ney City of Nederland, Texas CITY OF NEDERLAND RESOLUTION NO. 2004 -04 ' A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, ENDORSING A 10 -YEAR INITIATIVE TO END CHRONIC HOMELESSNESS WHEREAS, the Bush Administration has called for a 10 -year Initiative to End Chronic Homelessness; and WHEREAS, chronically homeless individuals and families, those with the most persistent forms of homelessness, are afflicted not only by poverty but also by chronic conditions such as mental illness and substance abuse; and WHEREAS, many of these individuals and families cycle repeatedly through our local shelters, hospital emergency rooms, psychiatric wards, detoxification programs, and even criminal justice system; and WHEREAS, there exists new research findings, housing programs and discharge planning models that demonstrate that ending chronic homelessness is within the nation's grasp; and WHEREAS, the Southeast Texas Coalition for the Homeless and its membership are on the front lines of response to homelessness; and WHEREAS, the abolition of chronic homelessness requires collaboration and coordination of resources at all levels of government, together with community institutions, businesses, and faith -based organizations, to best determine how to implement prevention and intervention strategies; and WHEREAS, the South East Texas Regional Planning Commission through the Southeast Texas Coalition for the Homeless will, in partnership with area agencies, lead a regional effort to develop a plan by which chronic homelessness can be addressed for strategic eradication in 10 years. NOW. THEREFORE, BE IT RESOLVED that the City of Nederland supports the 10 -year initiative to create and implement performance based, results oriented strategic plans to end chronic homelessness. PASSED AND APPROVED this / O day of 1 2004. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att ney City of Nederland, Texas 103 CITY OF NEDERLAND ORDINANCE NO. 2004- 02 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, WHICH REGULATES AND PROHIBITS THE KEEPING, FEEDING, OR MAINTAINING OF LIVESTOCK OR FOWL WITHIN FIFTY (50) FEET OF A NEIGHBORING PROPERTY LINE ON WHICH A RESIDENCE OR BUSINESS IS LOCATED AND THE STAKING OF LIVESTOCK OR FOWL ON THE DEDICATED ROADS OR STREETS OR IN A MANNER IN WHICH THEY MIGHT REACH THE DEDICATED ROADS OR STREETS; AND PROVIDING FOR DEFINITIONS AND EXCEPTIONS; AND FURTHER PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE WITH; PROVIDING A SAVINGS CLAUSE; AND PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH SEPARATE VIOLATION. WHEREAS, the City Council of the City of Nederland is the opinion that the keeping, feeding and /or herding of livestock or fowl on premises within the City limits and within fifty (50) feet of a neighboring property line on which a residence or business is located and the staking of livestock or fowl on or near the public streets, as provided herein, poses a threat to the public health and sanitation of the community; and WHEREAS, the City Council of the City of Nederland finds that it is in the best interest of the citizens of the City of Nederland to amend Ordinance 89A, which was adopted on July 13, 1982 and subsequently codified in Chapter 10, Sec. 10 -26 through 10 -29 of the Code of Ordinances of the City of Nederland, as hereinafter set forth. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That Chapter 10, Article II. "Location of Animals ", Sec. 10 -26 through Sec. 10 -29, to the Code of Ordinances of the City of Nederland, Texas, is hereby deleted in its entirety and now amended to read as follows: Sec. 10 -26. Definitions. In this ordinance: (1) "Common household pets" means any and all of the following: a domestic dog, cat, and other species of domesticated animals that are primarily kept inside a residence, including gerbils, hamsters, and similar types of pets. (2) "Fowl" means and includes any or all of the following: a chicken, duck, goose, guinea, peafowl, turkey or any other fowl whether one or more. (3) "Livestock" means a horse, mule, colt, jack, jennet, cow, bull, calve, sheep, goat, swine, rabbit, or any other domesticated animal, (whether one or more), except common household pets. (4) "Owner" means any person who owns, harbors, or has possession of a livestock or fowl. (5) "Person" means an individual, corporation or association. (6) 'Possession" means actual care, custody, control or management. I i'J J Sec. 10 -27. Unlawful Conduct (a) A person commits an offense if the person is in possession of a livestock or fowl and; (1) uses any lot, block, or tract of land in the City of Nederland, Texas, to keep, feed, herd, or maintain a livestock or fowl within a distance of fifty (50) feet of a neighboring property line upon which a business or residence is located on the said lot; (2) keeps a livestock or fowl within the City limits at a distance greater than fifty (50) feet from a neighboring property line on which a residence or business is located on said lot, while allowing flies, pests and bad odors to annoy, molest, or disturb the people living adjacent to or in the immediate area of the livestock or fowl; or (3) stakes, ties or fetters a livestock or fowl on the dedicated roads or streets or in a manner in which they might be able to reach the dedicated roads or streets. (b) A person is subject to this chapter and is presumed to be in possession of the livestock or fowl if the person: (1) is the owner of the lot or tract of land on which the livestock or fowl is located; (2) is the owner of the livestock or fowl; or (3) exercises possession of the livestock or fowl. (c) This chapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of this state or a potential subdivision of this state. This chapter does not authorize the keeping of any animal or fowl if the keeping of such animal or fowl is prohibited by federal, state or local government law or rule. (d) This chapter does not apply to: (1) a livestock or fowl owned by and in possession of a transient circus or carnival company if the livestock or fowl is an integral part of the circus or carnival performance and only during the time that the circus or carnival is in the City; and (2) a livestock or fowl while being rehabilitated, treated, or cared for by a licensed veterinarian at his place of business. Sec. 10 -28. Penalty. The provisions of Sec. 10 -27 are intended to govern and protect public health and sanitation. Any person who intentionally, knowingly, or reckless violates any provision of Sec. 10 -27 shall be deemed guilty of a misdemeanor and shall upon conviction be assessed a fine not to exceed $2000.00. Each day any violation of this ordinance shall continue shall constitute a separate offense. Section 2: Repeal. All ordinances or parts or ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. 130 Section 3: Severability. If any provision of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: Effective Date. This ordinance shall take effect from and after its passage by the City Council and publication. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. PASSED AND APPROVED by the City Council of the City of Nederland at a regular meeting on this I o day of , 2004. Homer E. Nagel, Mayor 7 City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attofney City of Nederland, Texas f] 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 1 CITY OF NEDERLAND 6 :00 p.m. May 24, 2004 1. 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Neal and seconded by Councilmember Phillips to approve the minutes of the May 10, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. 3. ELECTION LaDonna Floyd, City Clerk, read the returns of the May 15, 2004 General Election. There were a total of 1,246 ballots cast. Each candidate received the following number of votes: Mayor Early Voting Election Day Total Jeff Darby 339 241 580 R. A. "Dick" Nugent 411 240 651 Council, Ward II Billy Neal 562 377 939 (Unopposed) Council, Ward IV Bert Rogers 487 340 827 (Unopposed) A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Sawyer to accept the election returns as read. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Phillips. Noes: None. LaDonna Floyd, City Clerk, administered the Oath of Office to Mayor R. A. Nugent; Billy Neal, Councilmember Ward II; and, Bert E. Rogers, Councilmember Ward IV. I t , Minutes continued, May 24m, 2004 in hopes that additional cost savings could be achieved. Staff will continue the evaluation, along with staff from Port Neches and will make a recommendation to Council at a later date. F BIDS/PURCHASES A motion was made by Councilmember Neal and seconded by Mayor Nugent to reject bids received for large water meter replacement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Radcliff to authorize the purchase of a personal accountability and identification system for the Fire Department in the amount of $24,900; $22,499 being paid from the 2003 Assistance to Firefighters Grant, with the City's match of $2,500. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 10. TAX WAIVERS A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to authorize the waiver of penalty and interest on tax Account No. 066550 - 000600 in the amount of $12.69, and Account No. 066500- 1 000700 in the amount of $9.08. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 11. PAYMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve payments to Schaumburg & Polk, Inc. as follows: $7,860.00, smoke testing; $749.20, South 5" Street sewer rehabilitation; $3,399.82, 2002 -2003 collection system rehabilitation (Year 5); and, $579.08, wastewater system improvements (Treatment Plant). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve payment to Brystar Contracting, Inc. in the amount of $122,229.85, wastewater collection system improvements (Years 4 & 5). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. Minutes continued, May 24, 2004 12. EXECUTIVE SESSION A motion was made by Councilmember Neal and seconded by Mayor Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 13. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the drainage work in Allan Meadows should being next week. He added that the intersection project at Helena @ 271h Street should begin next Tuesday with estimated completion in mid -July. 14. ADJOURN There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Radcliff to adjourn the meeting at 7:28 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 R. A. uge , Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco -Acting City Clerk X 6 A. uge , Mayor 40s1 X4 LaDonna Floyd, City Clerk May 24, 2004 Date IrJ 7 L L t REGULAR MEETING OF THE CITY COUNCIL OF THE L - CITY OF NEDERLAND 3:00 p.m. June 14; 004 1. MEETING The meeting was called to order at 3:00 p.m. by Mayor Richard A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve the minutes of the May 24, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. PRESENTATION Gary Monnin, G. P. Monnin Consulting, Inc., presented an overview of the Post Retirement Benefits Analysis for the City of Nederland. He stated that new regulations by Governmental Accounting Standards Board (GASB) will require that post retirement benefits be budgeted as a liability. Mr. Monnin went into detail on how and why these regulations are being implemented. He added that prior to GASB regulations these benefits could budgeted as a "pay as you go" item, but now must be a "liability" as far as accounting practices are concerned. He then reviewed the results of the City's request to have him analyze the impact on our finances if any type of post retirement benefit is offered to the employees. Mr. Monnin compared Nederland's current plan to that offered by the City of Port Neches and Jefferson County. Finally, Mr. Monnin stated that the total annual cost under our present plan is $285,000, if we were to adopt the plan of Port Neches that figure would increase to $732,000, and to implement that of Jefferson County would require $805,000 per year. Additionally, Mr. Monnin presented calculations indicating the anticipated insurance costs associated with employees who retire; examples of retirement at ages 40, 45, 50, and 60 were noted. Andre' Wimer, City Manager, explained that this item was for informational purposes only. He wanted the Council to be aware of the new requirements for budgeting post retirement benefits. 4. WATER AND WASTEWATER A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve sewer line repair /replacement projects as presented by staff pursuant to the May 2004 Smoke Test Report prepared by Schaumburg & Polk, Inc. (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. I { v Minutes continued, June 14, 2004 A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to approve an agreement with Schaumburg & Polk, Inc. for engineering services associated with the repair /replacement of sewer line, 2004 Smoke Test -Year 1 project, and authorize the advertisement of bids for the repair /replacement of sewer lines, 2004 Smoke Test -Year 1 project. MOTION CARRIED. Mr. Elias Villarreal, 204 — 32 "d Street, addressed the Council to ask when he could expect some repairs to the lines in his neighborhood. Mr. Wimer stated that after the bid process is completed the project should begin by the end of the year. 5. ORDINANCE A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve Ordinance No. 2004 -03, adopting the 2003 International Building Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 6. EASEMENTS A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve the following Easement Agreements from the property owners on the south side of the 1100 block of Boston: Calvin J. and Jennie L. Breaux; Dale A. Breaux and Calvin J. Breaux; George C. and Marian K. Peterman; Anthony P. and Shanna L. Ferro; Blair Investments, L.P.; Kenneth E. and Nancy L. Wines; and, Texas State Bank. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. WATER TREATMENT PLANT A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve submission of a Vulnerability Assessment, and an Emergency Response Plan for the water distribution system to the U. S. Environmental Protection Agency. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. CONTRACTS /AGREEMENTS A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to approve an agreement with Interface EAP for the Employee Assistance Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. Minutes continued, June 14, 2004 STREET LIGHT REQUEST A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to authorize the installation of a street light at 7889 Green Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 10. PAYMENTS A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $5,600.00, smoke testing; $3,044.92, 2002 -2003 collection system rehabilitation (Year 5); and, $1,213.62, South 5`h Street sewer rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Sawyer to approve payment to d.p. Consulting Engineers, Inc. in the amount of $1,425.00, Boston Avenue rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to approve payment to Brystar Contracting, Inc. in the amount of $156,159.58, wastewater collection system improvements (Years 4 & 5). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve payment to Mc-0 Construction in the amount of $6,608.00, Fire Station repairs. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve payment of the bills for the month of May. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 11. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. IBM Im cl 113 Minutes continued, June 14, 2004 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the Nederland Volunteer Fire Department will not be able to sponsor the fireworks display on the 4th of July this year. He reminded Council that on Saturday, June 1 gth, citizens of Nederland, Port Neches, and Groves will be allowed to dispose of green waste at the old landfill site. Mr. Wimer also reported that the Allan Meadows drainage improvement project is progressing. He added that the Area 3 drainage project, as well as the Helena Avenue @ 27th Street intersection project have begun. 13. ADJOURN There being no further business, a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to adjourn the meeting at 4:28 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. J�� - R. A. Wfg6nt , ayor City of Neder and, Texas ATTEST: 'LaDonna Floyd, City Clerk City of Nederland, Texas C, Iy "i'G�o� 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward 11 X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X R. A. Nuge , Mayor "_Jc,%,n n =",=, LaDonna Floyd, City Cle k June 14, 2004 Date CITY OF NEDERLAND BUILDING CODE ORDINANCE NO. 2004-03 AN ORDINANCE OF THE CITY OF NEDERLAND ADOPTING AND REVISING THE 2003 EDITION OF THE INTERNATIONAL BUILDING CODE ESTABLISHING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING FOR TEMPORARY SERVICE, A CONTRACTOR'S BOND, CRIMINAL PENALTIES AND SEVERABILITY; REPEALING ORDINANCE 2000 -02 AND ALL ORDINANCES OR PART OF ORDINANCES IN CONFLICT THEREWITH, EXCEPT FOR ORDINANCE 2001 -07. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Section 18.26 of the Code of Ordinances, City of Nederland, Texas, is hereby amended to read as follows: That a certain document, of which is on file in the office of the Chief Building Official of the City of Nederland, being marked and designated as the International Building Code, including Appendix Chapter H, as published by the International Code Council, Inc., be and is hereby adopted as the Nederland Building Code, in the State of Texas for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and revisions, if any, prescribed in Section 2 of this ordinance. Section 2. That Section 18.27 of the Code of Ordinances, City of Nederland, Texas, is hereby amended as follows: Section 101.1 of the International Building Code is amended by adding "The City of Nederland" in the blank provided. Section 108.2, is amended by adding a schedule of fees to read as follows: Fee schedules: Building Permit: The fee charged for issuance of a building permit shall be based upon the valuation o£the proposed construction as follows: Total Valuation Fee Up to $999.99 $10.00 for any amount up to $999.99 $1,000.00 to $49,999.99 $15.75 for the first $1,000.00 plus $5.25 for each additional thousand or fraction thereof, to and including $49,999.99 1 1 1•:J $50,000.00 to $99,999.99 $273.00 for the first $50,000 plus $4.20 for ' each additional thousand or fraction thereof, to and including $99,999.99 $100,000.00 to $499,999.99 $483.00 for the first $100.000.00 plus $3.15 for each additional thousand or fraction thereof, to and including $499,999.99 $500,000.00 and up $1,743.00 for the first $500,000.00 plus $2.10 each additional thousand or fraction thereof. Moving fee: For the moving of any building or structure, the fee shall be $150.00. This fee is in addition to any building permit fee. Demolition fee: For the demolition of any building or structures, the fee shall be $50.00. Plan check fees: When the valuation of the proposed construction exceeds one hundred thousand dollars ($100,000.00) and a plan is required to be submitted by 106.1 and/or 106.2, a plan-check 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 (1/2) of the building permit fee. Such plan- checking fee is in addition to the building permit fee. Section 108.4 pertaining to fees for work commenced prior to the issuance of a required permit, is hereby amended to add the required fee to read as follows: ' Where work for which a permit is required by this code is started or preceded prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. Section 111.4 is hereby added to read as follows: Section 111.4 Temporary service. Temporary electrical service may be supplied to a building that is under construction after the owner of the building and the general contractor make such request on a form provided by the Building Official. The temporary service shall be provided for a period not to exceed three (3) months. At the end of three (3) months, ten (10) days written notice shall be provided to the owner or occupant that the electrical service will be disconnected unless permanent approval or an additional temporary permit has been issued. The Building Official shall then issue written instructions to the electricity provider to disconnect the temporary electrical service. A letter addressed to "occupancy," at the address of the temporary service shall be deemed as sufficient to notify the owner if the name and address of the owner are not known. Section 113.4 is amended to read as follows: Section 113.4 Violation and penalties. Any person who shall violate any provision of the Nederland Building Code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or who shall cause to be erected, constructed, altered, repaired, moved, or demolished a building or structure, in violation of a detailed statement or drawing submitted and approved thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of such code is committed, or continued, and upon conviction of any such violation such 12e person shall be punished as provided in section 1 -4 of the Code of Ordinances, City of Nederland, Texas. Section 113.5 is hereby added to read as follows: ' Section 113.5 Contractor's Bond (a) 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 or structures for which a 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 calms 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 don 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. (b) A building contractor's bond may be revoked, after notice and hearing before the City Manager or his designee, for any of the following reasons: (1) Reoccurring incidents of work performed not in accordance with the Nederland Building Code and the holder refuses to correct the violation after being given sufficient notice of said violations; or (2) The bond or permits were obtained or extended by fraud or deception; or (3) That one or more of the terms or conditions imposed by the bond has not been met or has been violated; or (4) Failure or the bondholder to comply with the requirements of the ' International Building Code, as (c) Prior to revocation of the bond, the City Manager or his designee shall notify the bond holder in writing, stating the reasons for which the bond is subject to revocation and advising that the bond shall be permanently revoked at the end of five (5) calendar days following the service of such notice, unless a request for a hearing is filled with the City Manager or his designee by the bond holder, within such a five -day period. A bond may be suspended for cause pending its revocation or a hearing related thereto. If no request for hearing is filed within the five -day period, the revocation of the bond becomes final. The bondholder may not perform any work in the City during the period of suspension pending the outcome of the hearing. (d) Service of notice – Notice provided for in this ordinance shall be deemed to have been properly served when the notice has been delivered personally to the bond holder, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the bond holder. A copy of such notice shall be filed with the records of the City Manager or his designee. (e) Hearings —The hearings provided for in this ordinance shall be conducted by the City Manager or his designee at a time and place designated by him. Based upon the record of such hearing, the City Manager or his designee shall make a final finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. (f) Application after revocation— Whenever a revocation of a bond has ' become final, the bondholder of the revoked bond may make written application for a new bond after a period of six (6) months. 1*1215 Sections 907.2.1 through 907.2.11 are deleted from the International Building Code and are referenced in the International Fire Code. ' Section 1813 is hereby added to read as follows: Section 1813 Foundation repairs (a) General (1) Foundation repair work on all residential structures, shall be accomplished only by a contractor licensed and bonded by the City to operate as a building contractor, or foundation repair contractor, within the corporate limits of the City. (2) A permit for each foundation repair project must be obtained from the Inspection Department prior to beginning any actual repair work. The fee shall be as that established in Section 2 of this ordinance. (3) A permit will be issued to the foundation repair contractor, upon approval by the Chief Building Official of documents submitted by the contractor containing the following information, and payment of the scheduled fee: a. A drawing of the complete building foundation plan, indicating the location foundation failure and the proposed corrective work. b. A detailed description of the proposed corrective work. c. A copy of the proposal to the property owner with the owners ' signature indicating acceptance. d. A copy of the submittal documents, bearing the approval of the Chief Building Official, shall be maintained at the job site for review by the Chief Building Official. e. Prior to the placement of any concrete, the contractor shall arrange for a job site inspection by the Chief Building Official. (b) Minimum standards — Reinforced concrete foundation. (1) Holes in earth for foundation piers and footings must be free of standing water, loose dirt, or other deleterious matter, prior to placement of concrete. (2) Each drilled shaft/footing must have as a minimum an eighteen -inch diameter shaft, or a 12- diameter shaft with an eighteen -inch diameter footing. In lieu of these minimum size footings, an engineered design for this particular project may be substituted. Engineered design repair work shall be documented by drawings and specifications bearing the seal and signature of a current Texas- registered professional engineer. (3) Minimum sized shafts/footings shall have a maximum spacing of eight (8) feet for single story and six (6) feet for two story structures. A minimum of two (2) footing diameters clearance shall be maintained between footings. ' (4) Shafts/footings shall be founded at a minimum depth of eight (8) inches and bearing on a firm soil of constant moisture content. (5) Each footing/shaft will have a maximum angle of fifteen (15) degrees from vertical. r (6) Each shaft will contain a minimum of three (3) #5 -A36 reinforcing bars for the full depth of the shaft. (7) Each shaft /footing must have a minimum of five (5) days concrete (min. 2,500 psi at 28 days) curing time before imposing jacking loads. (8) A solid concrete block or poured in place concrete (min. 2,500 psi at 28 days) must be used to transfer the building load to the footing after jacking. (9) Minimum size (3 "x 6" x ''/4 ") steel shims set in two (2) rows a maximum of three (3) inches high, may be used to transfer the load to the solid concrete blocks. (10) Backfrll of the excavation may consist of excavated material or low p.i. (10 -20) clay compacted to existing adjacent conditions. Sand backfill will not be permitted except for the top six (6) inches which may be used to level the grade. (c) Minimum standards— Houses on piers. (1) Minimum size concrete footing pads shall be 16 "x16 "x 4" solid concrete with solid concrete block piers. (2) Maximum height of shims shall be one and one -half (1 %) inches, and shim width must equal the width of sill. Exception: Shims on existing masonry piers may have a maximum height of three (3) inches. (3) All new wood sills must be treated wood. Half -lap spliced and properly nailed with two (2) treated wood splice plates. All joints must be supported by a pier with pad footing. Section 3408.1 is amended to read as follows: Section 3408.1 Conformance A. Any structure moved into or within the City shall comply with Section 8 of the Nederland Zoning Ordinance. B. A moving permit must be obtained from the Inspections Department before moving a structure into the City. The structure must meet the following criteria before being moved: 1. The current appraised value of a residential structure, as set by the Jefferson County Appraisal District, must be equal to or greater than of the average appraised value of all residential structures on lots or tracts within five hundred feet of the property line of the lot or tract upon which the structure to be moved will be placed. 2. The application of a moving permit must be accompanied by an application for all necessary permits required to bring the structure into compliance with all applicable codes. Included with the building permit application shall be a completed set of plans showing the changes, if any, of the structure after all contemplated improvements. C. The Chief Building Official, as a condition precedent to the issuance of a residential moving permit, shall require a bond or cashier's check in the amount of five thousand dollars ($5,000.00). Such bond or cashier's r LJ 1 1 2. Failure or refusal to timely perform any one or more of the requirements of this ordinance may result in the forfeiture of the required security. D. Appeals from the denial of a residential moving permit or a decision to forfeit the required security by the Chief Building Official shall be made in writing to the Zoning Board of Appeals within ten calendar days after the denial of such permit. The Zoning Board of Appeals may reverse the decision of the Chief Building Official if the Board of Appeals finds by the concurrence of four (4) members of the board that the structure meets the requirements set out herein for issuance of a residential building permit. E. Extensions of time as deemed reasonable may be granted by the Building Official upon a showing of delay caused by matters beyond the ■ control of the owner or house mover. One thirty-day extension may be granted by the Building Official. Section H 105.1 of Appendix H is amended to read as follows Section H 105.1 General requirements. Signs shall be designed and constructed to comply with the provisions of this code for use of materials, loads, and stresses. All signs over 14 feet in height shall be designed by a Texas licensed professional engineer for wind loads. A set of plans bearing the engineer's seal and signature showing the wind loads in miles per hour and showing foundation details must be submitted to the Building Official for approval and permitting. Section 3. That if any sections, subsections, sentence or clause or phrase of this Ordinance, or the application of same to a particular set of circumstances or persons should for any reason be held to be invalid, such invalidity shall not effect the remaining portions of this Ordinance, or their application to other persons or sets of circumstances and to this end all provisions of this Ordinance are declared to be severable. Section 4. That Ordinance Number 2000 -02 of the City of Nederland, entitled Nederland Building Ordinance, which has been codified in the Code of Ordinances, Sec. 18 -26 and Sec. 18- 27, and all other ordinances or parts or ordinances in conflict herewith are hereby repealed when this Ordinance becomes effective; provided, nothing in this repeal provision shall nullify any provision in Ordinance 2001 -07 and if this Ordinance and Ordinance 2001 -07 are in direct conflict, the provisions of Ordinance 2001 -07 shall prevail. Section 5. That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. check shall be made payable to the City of Nederland and shall be conditioned upon strict compliance with the terms of this ordinance. ' 1. The structure will be brought into compliance with all applicable codes and connected to water, sewer, electricity and gas if applicable within ninety calendar days after relocation to the new site. Failure to connect the structure to utilities may result in forfeiture of the required security and demolition of the structure. If the security is forfeited for any reason, the city is hereby authorized to demolish the structure and clear the lot. By signing an application for a residential moving permit, the owner or agent for the owner agrees that the structure may be demolished by the city if it becomes necessary to forfeit the security required by this ordinance. 2. Failure or refusal to timely perform any one or more of the requirements of this ordinance may result in the forfeiture of the required security. D. Appeals from the denial of a residential moving permit or a decision to forfeit the required security by the Chief Building Official shall be made in writing to the Zoning Board of Appeals within ten calendar days after the denial of such permit. The Zoning Board of Appeals may reverse the decision of the Chief Building Official if the Board of Appeals finds by the concurrence of four (4) members of the board that the structure meets the requirements set out herein for issuance of a residential building permit. E. Extensions of time as deemed reasonable may be granted by the Building Official upon a showing of delay caused by matters beyond the ■ control of the owner or house mover. One thirty-day extension may be granted by the Building Official. Section H 105.1 of Appendix H is amended to read as follows Section H 105.1 General requirements. Signs shall be designed and constructed to comply with the provisions of this code for use of materials, loads, and stresses. All signs over 14 feet in height shall be designed by a Texas licensed professional engineer for wind loads. A set of plans bearing the engineer's seal and signature showing the wind loads in miles per hour and showing foundation details must be submitted to the Building Official for approval and permitting. Section 3. That if any sections, subsections, sentence or clause or phrase of this Ordinance, or the application of same to a particular set of circumstances or persons should for any reason be held to be invalid, such invalidity shall not effect the remaining portions of this Ordinance, or their application to other persons or sets of circumstances and to this end all provisions of this Ordinance are declared to be severable. Section 4. That Ordinance Number 2000 -02 of the City of Nederland, entitled Nederland Building Ordinance, which has been codified in the Code of Ordinances, Sec. 18 -26 and Sec. 18- 27, and all other ordinances or parts or ordinances in conflict herewith are hereby repealed when this Ordinance becomes effective; provided, nothing in this repeal provision shall nullify any provision in Ordinance 2001 -07 and if this Ordinance and Ordinance 2001 -07 are in direct conflict, the provisions of Ordinance 2001 -07 shall prevail. Section 5. That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 6. That the Nederland City Clerk shall certify to the adoption of this ordinance, and cause the same to be published as required by law; and this ordinance shall take effect and be in I force from and after its approval as required by law. WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and publication of the caption of this Ordinance. PASSED AND APPROVED this V-4 day of 2004. is R. A. Nugent, ayo ATTEST: LaDonna Floyd, City Sec etary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Atto y ' � I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 28, 2004 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve the minutes of the June 14, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 3. REQUEST Andre' Wimer, City Manager, gave a brief history of the development of Pirate's Cove Subdivision (which consists of a private street) and explained that Harry Wiltz is requesting that the City continue to pay for the street lights. Mr. Wimer stated that the subdivision was constructed in the early 1990's and the street did not meet City standards in terms of the cul -de -sac turning radius and, therefore, was never accepted as a dedicated right -of -way. The original developer requested Entergy to install three (3) street lights during the initial construction. Entergy recently completed an audit of their street light inventory and provided maps to the City which included the Pirate's Cove street lights. It appears that the City has been paying for the street lights only since the completion of the audit by Entergy and prior to that no one was being billed for them. Mr. Wimer added that when this was discovered he contacted Mr. Wiltz to inform him that the City does not pay for street lights on private property. At that time Mr. Wiltz submitted a request to be included on the agenda to seek Council approval to continue paying for the street lights. Harry Wiltz, 712 Pirates Cove, addressed the Council to request that the City continue to pay for the street lights. He added that they had contacted Entergy to have one of the lights removed, but as of today that has still not been done. He is the new developer of the subdivision and feels that the added tax base should warrant the City's continued payment of the lights. Richard Hughes, City Attorney, responded that under State statutes the City cannot legally expend public funds on private property and there was no legal authority for the Council to approve this request. He recommended that the Council deny the request. ��. Minutes continued, June 28, 2004 A motion was made by Mayor Nugent and seconded by Councilmember Rogers to deny the request from Harry Wiltz for the City to pay for the costs associated with street lights on Pirate's Cove, which is a private street. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 4. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:24 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following locations: 2803 Avenue H, Sp. 5; 2803 Avenue H, Sp. 8; 702 South 91h Street; and, 421 South Hwy. 69. Rod Hatch, Building Official, gave a brief report on each structure. He stated that all would require more than 50% of the fair market value to rebuild or make habitable. Mr. Hatch added that all structures meet the demolition requirements of Ordinance No. 2001 -07. Mr. Hatch recommended 60 days for the removal or relocation of both trailer houses at 2803 Avenue H. The owner of the park, Richard Mitchell, is the owner of the trailer located on Space 5. Mr. Mitchell did accept the first notification mailed to him, but refused the second notice informing him of this Public Hearing. Mr. Mitchell informed Mr. Hatch that Kurt Norris was the owner of the trailer on Space 8 and that he had vacated the trailer and left no forwarding address. Mr. Norris has not accepted either notification from the City. Mr. Hatch recommended that Mr. Mitchell be notified that he will be given 60 days to remove both structures. The structure located at 702 South 9th Street is owned by Jolei Shipley and was found to have mold throughout. An insurance claim was filed by Mrs. Shipley and the claim was paid over a year ago, but no improvements have been made. Mr. Hatch informed Council that Mrs. Shipley did obtain a demolition permit last week and expects to begin the process during the week of July 5`h. He recommended that Mrs. Shipley be notified that she will be given 60 days to remove the structure. Mr. Hatch reported that Deidre Bell Wood, owner of the structure located at 421 South Hwy. 69 had obtained a demolition permit in October of 2003, but because of major health problems has been unable to proceed with the demolition. Ms. Wood was notified of the Public Hearing. Mr. Hatch recommended that she be given 60 days to remove the structure. 5. RECONVENE There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:39 p.m. by Mayor Nugent. Minutes continued, June 28, 2004 BUILDING AND BUILDING REGULATIONS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to set a 60 -day time period for Richard Mitchell to comply with the demolition and removal of the structure located at 2803 Avenue H, Space 5, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Radcliff and seconded by Mayor Nugent to set a 60 -day time period for Richard Mitchell to comply with the demolition and removal of the structure located at 2803 Avenue H, Space 8, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Radcliff to set a 60 -day time period for Jolei Shipley to comply with the demolition and removal of the structure located at 702 South 9`h Street, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. L, Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem sawyer to set a 60 -day time period for Deidre Bell Wood to comply with the demolition and removal of the structure located at 421 South Hwy. 69, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. GRANT Andre' Wimer, City Manager, reported that the South East Texas Regional Planning Commission has recently issued a Request for Proposals for solid waste grants. The SETRPC receives funding from the State for distribution to governmental entities; this year, $121,555 is available for disbursement in this area. He reminded Council that each year the Cities of Nederland, Port Neches, and Groves have jointly submitted a grant and this year the City of Groves will be preparing the application for all three cities. The application will request funding for printing and mailing of solid waste instructions /informational literature to citizens, the publication of solid waste information in newspapers, purchasing composting bins for distribution to residents, and obtaining signs for the old landfill site. 132 Minutes continued, June 28, 2004 A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to authorize the submission of a grant application to the South East Texas Regional Planning Commission for a Solid Waste project. MOTION CARRIED. 0 Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 8. ORDINANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve Ordinance No. 2004 -04, amending the 2003 -2004 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve payments to Brystar Contracting, Inc. as follows: $122,694.95, South 5`h Street trunk line replacement; and, $39,557.62, South 5th Street trunk line replacement, partial release of retainage. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. , 10. APPOINTMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to appoint Councilmember Bert Rogers as an alternate representative to the South East Texas Regional Planning Commission Executive Committee. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Radcliff and seconded by Mayor Nugent to appoint Charlana Russell as the Lay Representative and Sonya Willis as alternate to the Houston Area Library System (HALS) beginning September 1, 2004 and ending August 31, 2006. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Mayor Nugent to appoint Rick Williams to the Firefighters' Civil Service Commission for a three - year term. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. I Minutes continued, June 28, 2004 A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve the following appointments to the Planning and Zoning Commission for a two -year term beginning July 1, 2004 and ending June 30, 2006: C. J. Schexnaider, Jack Porter, Mark Griffin, Tim Sheffield, and Homer Nagel. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to appoint Bill Cummins and Barney Green to the Zoning Board of Appeals /Trailer Park Board of Appeals for a four -year term beginning July 1, 2004 and ending June 30, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve the following appointments to the Construction Board of Appeals: Jackie Miller, Bob Smith, Mike Spell, and, Bill Wills for a two -year term beginning July 1, 2004 and ending June 30, 2006; and, Danny Delahoussaye for a one -year term beginning July 1, 2004 and ending June 30, 2005. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 11. EXECUTIVE SESSION The regular meeting was recessed at 6:59 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, personnel appointments — City Clerk, Director of Finance /Assistant City Manager, Fire Chief /Fire Marshal, Police Chief, City Judge, City Attorney, Emergency Management Coordinator, and Assistant Emergency Management Coordinator; 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.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; and, consultation with City Attorney. 12. RECONVENE The regular meeting was reconvened at 7:10 p.m. by Mayor Nugent. He announced all items were for informational purposes only, except personnel appointments which will be voted upon in open session. 13. PUBLIC OFFICIALS' A motion was made by mayor Nugent and seconded by Councilmember Radcliff to authorize the following appointments: LaDonna Floyd, City Clerk; Cheryl Dowden, Director of Finance /Assistant City Manager; Mike Lovelady, Fire Chief /Fire Marshal; Darrell Bush, Police Chief; John Borne, City Judge; Richard 133 4 4 Ll Minutes continued, June 28, 2004 Hughes, City Attorney; Mike Lovelady, Emergency Management Coordinator; and, Darrell Bush, Assistant Emergency Management Coordinator. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that Consumer Confidence Report was mailed to each water customer today and that the public comment requirement will be placed on the next agenda. Mayor Nugent stated that a letter was written to Congressman Lampson regarding the Nederland Post Office — in particular the size of the building and parking area. He feels that the post office is not of adequate size to handle the number of customers if serves. 15. ADJOURN There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 7:18 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. ' R. A. N gent, ayor City of Nede nd, Texas ATTEST: c2za"',0, '2L,,a LaDonna Floyd, City Clerk City of Nederland, Texas LA ' 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X 4 R. A. NugerjyMayor LaDonna Floyd, City Clerk June 28, 2004 Date 135 13 C; ORDINANCE NO. 2004 -04 AN ORDINANCE AMENDING THE 2003 -04 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2003 -05 which adopted the 2003 -04 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 are set out in Attachment "A" attached hereto; and, WHEREAS, the 2003 -04 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2003, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2003 and ending September 30, 2004, 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 2003 -04 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 as set forth in Ordinance 2003 -05 adopting the budget for 2003- 04. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1 THAT the budget for 2003 -04 fiscal year is amended to allow for increases in expenditures ' as set out in Attachment "A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Govermnent 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 28`h DAY OF JUNE, A.D., 2004. R. A. l4ugejVMayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas , APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney v City of Nederland, Texas BUDGET ORDINANCE AMENDMENT — ATTACHMENT A IGENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30, 2003 in the amount of $13,000 and increase line item as detailed below: Increase 01 -21 -00 -6265 Supplies/Minor Tools & Equipment $13,000.00 Funds are needed to replace eleven computers in the Police Department. These computers are over five years old and are utilizing a Windows 98 operating system which is being phased out. The hardware is not capable of a satisfactory upgrade to a Windows XP operating system due to the age of the computers. I I' 1 137 138 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 3:00 p.m. July 12, 2004 MEETING The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Tern Sawyer and seconded by Councilmember Radcliff to approve the minutes of the June 28, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. ENVIRONMENT Andre' Wimer, City Manager, reviewed the 2003 Drinking Water Quality Report ' (Consumer Confidence Report) which was recently mailed to all customers. In accordance with EPA regulations all water suppliers are required to issue the CCR to all its customers on an annual basis. He added that the report shows that Nederland's water quality does not exceed maximum allowable levels for any contaminates. 4. ORDINANCE A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve Ordinance No. 2004 -05, regulating ambulance and emergency medical services within the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 5. CONTRACTS /AGREEMENTS A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to approve an amendment to the contract with Jefferson County for tax collection and assessment services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 1 Minutes continued, July 12, 2004 ' 6. PAYMENTS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve payments to d.p. Consulting Engineers, Inc. as follows: $1,488.60, Allan Meadows drainage study; $1,734.00, Upper Main "C" drainage improvements; and, $1,140.00, Boston Avenue rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve payments to Schaumburg & Polk, Inc. as follows: $987.02, South 5`h Street sewer line rehabilitation; $498.52, west annexation area water and sewer improvements; $2,533.56, 2002 -2003 collection system rehabilitation (Year 5); and, $345.00, wastewater system improvements (Wastewater Treatment Plant). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve payment to Jerry Walley Construction in the amount of $12,418.87, Allan Meadows drainage improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ' A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve payment to Excavators & Constructors, Inc. in the amount of $108,690.17, Area 3 drainage improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembem Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve payment of the bills for the month of June, 2004. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. BUDGET Andre' Wimer, City Manager, explained that due to changes in State statutes, which allows taxpayers additional time to appeal appraisals, the certified tax rolls will not be issued until early to mid August. The tax rate included in the proposed budget remains at $.66 per $100 valuation, however, this could change depending on the figures received from the Appraisal District. Due to these changes the proposed budget being submitted will have some unknowns. Mr. Wimer reminded Council that at the time WalMart closed it was decided that reserves would be used to balance the budget for approximately 5 years. 1 139 140 Andre' Wimer, City Manager gave a brief overview of the proposed 2004 -2005 budget and announced that the Public Hearing will be held at 3:00 p.m., August ' 9th. The General Fund proposed budget includes projected revenues of $6,375,942 and anticipated expenditures of $6,600,942. Fund balance in the amount of $225,000 will be utilized to offset this difference. Mr. Wimer reviewed the significant changes in the remaining funds. In the Water and Sewer Fund the budget reflects the anticipated change to radio -read water meters, with only six (6) months of meter reading services budgeted. The Solid Waste Fund remains fairly consistent with those included in the current fiscal year. He added that contributions from the cities of Nederland, Port Neches, and Groves are based upon $.91 per capita; the current year rates if $.85 per capita. This expenditure for Nederland reflects an increase in the amount of $12,544 over the previous year. Total debt service requirements for FY 04 -05 total $1,874,714. With regard to personnel issues Mr. Wimer added that the budget includes a two percent (2 %) cost of living increase for employees. Mr. Wimer stated 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 Pro Tem Sawyer and seconded by Councilmember Rogers to approve Resolution 2004 -05, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2004 and ending September 30, 2005, and calling for a Public Hearing to be held at 3:00 p.m., August 9, 2004 for the purpose of discussing the proposed budget as per Article VII of the City Charter. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 8. CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, reviewed the proposed Five Year Capital Improvement Program for the years 2005 -2009 which identifies capital expenditures /projects totaling $3,634,900. He added that the CIP is intended to act as a guide for future capital expenditures and provide a framework 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. 9. EXECUTIVE SESSION The regular meeting was recessed at 3:55 p.m. by Mayor Nugent 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; appeal of Texas Gas Service Company from ratesetting I actions of the Cities of Nederland, Port Neches, and Groves; and, consultation with City Attorney. Minutes continued, July 12, 2004 ' 10. RECONVENE The regular meeting was reconvened at 4:20 p.m. by Mayor Nugent. At this time Richard Hughes, City Attorney, reported on the Texas Gas Service Company appeal regarding the rate case. At the meeting of the Texas Railroad Commission last week the hearing examiner recommended a smaller rate increase. Mr, Hughes reminded Council that when this case was first filed only the three Mid - County cities were involved and the City of Port Arthur declined to join in the case. The City of Port Arthur made their own deal directly with Texas Gas Service Company by accepting the rates and agree not to participate in the appeal, however, if the other three cities were successful then they would realize the benefits of the lower rates and not be included in the expenses of the rate case. Hopefully the Commissioners will review this arrangement and not force these expenses to be passed on only to the Mid - County customers. The next meeting of the Railroad Commission is scheduled for Thursday, July 22nd, at which time three issues should be discussed and /or ruled on, the rates, the Examiner's recommendation, and the issue of one City not participating in the case but recognizing the benefits. 11. ORDINANCE A motion was made by Councilmember Rogers and seconded by Councilmember Neal to reconsider Ordinance No. 2004 —05 approve earlier in the meeting. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. Mr. Hughes stated that he felt some changes to the wording of Ordinance No. 2004 -05 should be changed. On page 4 Sec. 38 -37 should be changed to Sec. 38 -27; Sec. 38 -28 on page 5 should reflect the Fire Chief may permit "two (2) EMS Providers" rather than one; and, the acronym on page 9 in Sec. 38 -33(a) should read (PSAP). A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Sawyer to approve Ordinance No. 2004 -05, regarding ambulance and emergency medical services within the City of Nederland, contingent upon the changes recommended by the City Attorney being included. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that citizens of Nederland, Port Neches, and Groves will be able to dispose of green waste at the old landfill site on Saturday, July 17 `n 141 144 Minutes continued, July 12, 2004 Councilmember Neal stated that due to the increase in gasoline prices he ' suggested that the City adopt the allowable rates set by the Internal Revenue Services for reimbursement of mileage for City related travel. It was the consensus of the Council that this should be the policy for travel. 13. ADJOURN There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Radcliff to adjourn the meeting at 4:42 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ATTEST: C701. 1�crv,cir11 LaDonna Floyd, City Clerk City of Nederland, Texas U �9' J �G��ia.FRLX14 Y R. A. Wugeny.Mayor City of Nedarland, Texas 1 1 1 1 143 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd Ci Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Galloway Assistant to the City Manager X -Kelly Lois Coco Acting City Clerk X R. A. Nug , Mayor July 12 2004 Date LaDonna Floyd, City Clerk July 12 2004 Date 144 ORDINANCE NO. 2004 -05 AN ORDINANCE AMENDING ORDINANCE NO. 2003 -03, CHAPTER 38 OF THE CODE OF ORDINANCE OF THE CITY OF NEDERLAND, TEXAS AND REGULATING AMBULANCE AND EMERGENCY MEDICAL SERVICES WITHIN THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR APPLICATION, PERMITS AND FEES; PROVIDING FOR EQUIPMENT, INSURANCE, AND STAFF REQUIREMENTS; PROVIDING FOR EMERGENCY OPERATIONS AND VEHICLE INSPECTIONS; PROVIDING FOR LIQUIDATED DAMAGES, SUSPENSION AND TERMINATION OF PERMITS AND INDEMNITY; PROVIDING FOR REPEAL, SEVERABILITY AND A PENALTY NOT TO EXCEED $2000.00 FOR EACH SEPARATE OFFENSE. 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I SECTION 1. That Chapter 38, Sec. 38 -26 through Sec. 38 -33, to the Code of Ordinance of the City of Nederland, Texas, which were adopted by Ordinance No. 2003 -03, is hereby replaced and deleted in its entirety and now amended to read as follows: Sec. 38 -26 DEFINITION OF TERMS The following words and phrases as used in this ordinance, unless a different meaning is plainly required by context, shall have the following meanings: (a) Advanced Life Support (ALS)- Emergency pre - hospital care that uses invasive medical acts. (b) Ambulance - Any vehicle licensed by the State of Texas for the purpose of transporting sick and/or injured persons. (c) Ambulance Permit- The permit issued to an EMS Provider for a specific ambulance meeting all the requirements set forth in this ordinance. (d) Arrival, Arrive or Arrives - An ambulance "Arrives" at the scene of an incident when it is on -scene and is not moving. (e) Basic Life Support (BLS)- Emergency pre- hospital care that uses ' noninvasive medical acts. 143 ' (f} Basic Life Support Vehicle (BLS)- An ambulance that is staffed and equipped to provide basic life support that uses noninvasive acts. (g) Central Dispatch- Emergency communications center for Nederland, Port Neches, and Groves. (911 answering point) (h) Code 3- An ambulance emergency response with red lights and siren operating. (Priority One) (i) Code 2- An ambulance urgent response without red lights and siren operating. (Priority Two) (j) Dispatch - Any instructions from the provider's dispatcher for an ambulance to travel in response to an emergency or urgent call for service. (k) EMD- (Emergency Medical Dispatcher) Dispatcher specifically trained to triage 911 calls and dispatch the appropriate level of care and response type (Code 3, Code 2) to an emergency that requires medical assistance. (1) EMS- Emergency Medical Services. I (in) EMS Provider - Any company that is permitted to operate licensed ambulances within the City of Nederland response area. (n) EMS Provider Permit- The sum of all the ambulance permits issued to an EMS Provider for response in the City of Nederland response area. (o) Emergency Medical Services Personnel - Includes Emergency Care Attendant (ECA), Emergency Medical Technician (EMT), Emergency Medical Technician- Intermediate (EMT -I), Emergency Medical Technician- Paramedic (EMT -P), or Licensed Paramedic. (p) Emergency Care Attendant - An individual certified by the Texas Department of Health as minimally proficient to perform emergency pre - hospital care as an Emergency Care Attendant. (q) Emergency Medical Technician (EMT)- An individual certified by the Texas Department of Health as minimally proficient to perform emergency pre - hospital care that is necessary for basic life support and that includes cardiopulmonary resuscitation and the control of hemorrhaging. (r) Emergency Medical Technician- Intermediate (EMT -I)- An individual certified ' by the Texas Department of Health as minimally proficient to provide emergency pre - hospital care by initiating under medical supervision, certain procedures, including intravenous therapy and endotracheal or esophageal intubation. r' i�3U (s) Emergency Medical Technician Paramedic (EMT -P)- An individual certified ' by the Texas Department of Health as minimally proficient to provide advanced life support that includes initiating under medical supervision certain procedures, including intravenous therapy, endotracheal or esophageal intubation, electrical cardiac defibrillation or cardio version, and drug therapy. (t) Emergency Pre - Hospital Care- Care provided to the sick or injured before or during transportation to a medical facility, including any necessary stabilization of the sick or injured in connection with that transportation. (u) Emergency Response Vehicle- a vehicle that meets the requirements of V.T.C.A., Transportation Code §547.702 and is authorized to respond to emergency medical calls to begin immediate on -scene care to the injured or ill persons. (v) Incident Commander- Fire, Police, or public safety officer who has overall control and command at an incident. (w) Licensed Paramedic - An individual meeting the qualifications for an Emergency Medical Technician — Paramedic who has completed the curriculum that includes college -level course work in accordance with rules adopted by the Texas Department of Health. , (x) Mass Casualty Incidents (MCI) - Incidents involving three (3) or more casualties and needing multiple ambulances. MCI's are declared to be MCI's by the Incident Commander at the scene. (y) Material Breach - Any one violation of this Ordinance that is an imminent threat to public safety and health or failure to correct a minor violation after notification and before responding to another emergency call within the response area. (aa) Medical Priority Dispatching- Medical dispatching that triages calls and enables the EMS Provider to dispatch the appropriate response (code 3 or code 2) to a call that is presumed by the caller to be a true medical emergency. (bb) Minor Violation - Any one violation of this Ordinance that is not an imminent threat to public health or safety. (cc) Mobile Intensive Care Unit (MICU)- Any ambulance that is licensed by the Texas Department of Health that meets the requirements of Rule 157.14, as is currently defined and subsequently amended, and Rule 157.11(a)(6), as is currently defined and subsequently amended, by the Texas Administrative Code. u 14"7 (dd) Medical Officer- Designated EMS Provider employee responsible to the incident ' commander for communications, transportation, and logistics for the EMS response. (ee) Medical Supervision- Direction given to emergency medical services personnel by a licensed physician under the Medical Practices Act (Texas Revised Civil Statute Article 4495b) and the rules adopted under that Act by the Texas State Board of Medical Examiners. (ff) Person - An individual, partnership, corporation, trust, , entity, or association of individuals. (gg) Public Safety Personnel- any person or persons that respond to emergency calls that assist in operations that do not ordinarily respond unless requested or needed for special situations. (hh) Service Area- The area within the corporate limits of the City of Nederland. Sec. 38 -27 Operation of an Ambulance without a Permit Prohibited (a) It shall be unlawful for any person to drive or operate an ambulance for the purpose transporting a sick or injured person in the City of Nederland unless there ' is a valid Ambulance Permit issued and posted for inspection on the rear window of said ambulance by the City of Nederland. (b) There shall be exempted from the provisions of the permit and license requirements of this Ordinance the following: (1) Any ambulance that transports the sick and injured from outside the service area into the service area. (2) Any ambulance that transports the sick or injured through the service area. (3) Any ground or air service that does not advertise as an EMS provider vehicle and is not licensed by the Texas Department of Health for such service. (4) Any ambulance that is needed in a casualty situation or evacuation that exceeds the basic vehicle capacity or capability of emergency medical services providers in the area. (5) An industrial emergency medical service vehicle that does not respond to emergency medical calls except in the industrial facility that operates the ' service. 4 14'5 (6) Any physician, registered nurse, or other health care practitioner licensed ' by the Texas Department of Health, unless the health care practitioner staffs an emergency medical services vehicle on a for hire basis for responding to medical emergencies. (7) Any ambulance that transports a patient to a private physicians office for an appointment and requires EMS personnel to stand -by with the patient. (waiting returns). Sec. 38 -28 EMS permit; application; conditions of issuance (a) Every person desiring to obtain an EMS Provider permit shall make application in writing on a form provided by the City of Nederland for that purpose to the City of Nederland Fire/Rescue Services. The Nederland Fire Chief may permit two (2) EMS Providersfor the City of Nederland. Any additional EMS Providers must be approved by the Nederland City Council. See Section 38 -28(b) for conditions of approval. (b) If an EMS Provider is currently operating in the City of Nederland and an additional EMS Provider requests a permit to operate, it shall be at the discretion of the Nederland City Council. The Nederland City Council shall determine if there is a need and necessity for any additional EMS Providers. In determining whether public need and necessities require the permitting of additional EMS ' Providers, the City Council shall consider whether the public is, at any time, adequately served, the financial responsibility of the applicant, the number, kind, and type of equipment to be operated by the applicant, a list of standard prices proposed to be charged, whether the safe use of the streets by the public, both vehicular and pedestrian will be preserved, any degradation of existing services through loss of revenue or the inability to maintain the standard of care and response needs and such other facts as the City Council shall consider relevant. This information shall be presented to the Nederland City Council at a public forum where all effected parties may be heard. (c) There shall be an administrative fee of $25.00 (twenty -five dollars and no cents) assessed for each ambulance that is permitted to operate in the service area. This administrative fee will be assessed annually only if the EMS provider's permit is renewed. Additional ambulances permitted throughout the year shall be prorated at $2.00 (two dollars and no cents) per month per ambulance. This fee will be figured on the original permitting date. All permits for the EMS provider will expire on the same day. (d) An Ambulance Permit may be transferred to another ambulance within the company that the original permit was issued, only with the approval of the Fire Chief or his designee. I 149 ' (e) No Ambulance Permits issued to an EMS provider shall be purchased, swapped, or transferred to any other EMS company desiring to operate in the City of Nederland. If the name, ownership or more than 50% (fifty percent) of the EMS providers company is changed, the Ambulance Permits shall be void. (f) The Fire Chief may issue a temporary EMS Providers Permit for up to 90 (ninety) days for a company that has made application to operate in the City of Nederland if there is an immediate need for EMS providers. At the end of this 90 (ninety) days, or if the EMS company is issued a EMS Providers Permit by the City of Nederland, or the EMS company is unable or unwilling to abide by this ordinance the temporary permits will be void. (g) If an EMS provider is currently permitted to operate in the City of Nederland response area, and there are any additional applications requesting an EMS Provider Permit, it shall be brought before the Nederland City Council for consideration in the order they are received and as scheduling permits. (h) Every application shall be accompanied with the following information: (1) Number of ambulances to be permitted; (2) Texas Department of Health master roster of all the providers licensed ' ambulances; (3) Make, model, motor number and correct state license number; (4) Current Protocols; (5) List of prices to be charged for services; (6) Employee roster with certification levels of each employee; this shall include dispatchers EMD certification; and (7) Current MCI operation plans and protocols. (i) No EMS Provider Permits shall be issued unless 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, 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 EMS vehicle 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 (1) person in any one (1) accident, five hundred thousand dollars ($500,000.00). (2) For damages arising out of bodily injury to or death of two (2) or more ' persons in any one (1) accident, eight hundred thousand dollars ($800,000.00). (3) For any injury to or destruction of property in any one (1) accident one hundred thousand dollars ($100,000.00). (j) No Ambulance Permits shall be issued unless the applicant has been issued a license by the Texas Department of Health pursuant to Chapter 773 of the Texas Health and Safety Code. (k) No Ambulance Permits shall be issued if the applicant, an employer or any employee of the applicant, or any person residentially domiciled with the applicant has had an EMS Provider permit revoked in the State of Texas within one (1) year preceding the date of application. (1) No Ambulance Permits shall be issued for any emergency medical services vehicle, which is classified as a basic life support (BLS) vehicle. Sec. 38 -29 Required Equipment (a) As a minimum requirement, every ambulance for which an Ambulance Permit is I issued shall be equipped with, clean, and in working order: (1) Cotton or Woolen style blankets; (2) All equipment now or hereafter required by the rules and regulations of the Texas Department of Health for a State ambulance permit; and (3) All equipment now or hereafter required by the Texas Motor Vehicle Laws governing authorized emergency vehicles. (b) Supplies that are purchased by the City of Nederland and used on emergency medical calls shall be replaced by the EMS Provider that responds to the incident. If the supplies are not replaced, the EMS Provider will not bill the patient or insurance carrier for those supplies. Sec 38 -30 Certified and Licensed Personnel Requirements (a) 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 certification or licensure and the other the holder of at least a current EMT certificate, both issued by the Texas Department of Health. The following exceptions may be granted: , 151 ' (1) There shall be exempt from this provision a permitted ALS ambulance that first responds to an emergency call to provide immediate medical care until the arrival of an EMT -P. (2) There shall also be exempt from this provision an emergency response vehicle that is responding to a medical emergency that is providing manpower, additional supplies, or equipment. This vehicle however cannot transport any sick or injured persons unless it is a permitted ambulance that meets minimum requirements of this ordinance. (3) There shall also be exempt from this provision any emergency or non- emergency vehicle that is needed to transport patients with minor or no injuries during an MCI. (b) It shall be unlawful for any person to operate an emergency response vehicle on the streets of the City of Nederland without a current, valid driver's license issued by the Texas Department of Public Safety for the purpose of operating such vehicles, except as provided in Section 38 -27 (b). Sec. 38 -31 Personnel Identification (a) All on duty EMS ambulance personnel shall be required to be clearly and easily ' identified by name, company, and certification level. (b) All of the EMS provider's management and supervisory personnel shall be easily identified as to rank, title, and or certification level when on an emergency scene. (c) Any EMS provider personnel other than emergency medical in nature, such as mechanics, students, or dispatchers shall also be clearly and easily identified as to their job designation or title while on an emergency scene. Sec. 38 -32 Communications (a) Every ambulance for which an Ambulance Permit has been issued shall be equipped with a fully operational two -way radio communications system. Mobile or portable type 800 MHz radios may be used, however, there shall be sufficient radios for each unit providing service to the area. (b) This system shall have a minimum of two radios: (1) The first shall be attuned to the frequency of 155.340 MhzFM for communication with hospitals in Jefferson County having emergency medical facilities; and (2) The second shall be an 800 MHz radio capable of communicating with the City of Nederland Fire/Rescue Services. 1 v� ys (c) Any ambulance responding to a 911 emergency medical call in the response area shall contact the Nederland Fire/Rescue Services via 800 MHz radio immediately upon receiving the call. The EMS personnel responding shall call en -route upon receiving the call and on scene upon arrival. (d) All ambulances responding to emergency medical or stand -by calls within the response area shall monitor the Nederland Fire/Rescue's frequency until the incident is over or is released by the Incident Commander. (e) All radio traffic shall be kept to a minimum and plain language used at all times. At no time shall 10 codes be utilized in communicating with the City of Nederland Fire/Rescue Services. (f) Any 911 calls that are emergency medical in nature may be triaged by the provider's dispatchers using Medical Priority Dispatching if the dispatcher is currently certified as an Emergency Medical Dispatcher and has been approved to by the EMS Provider to EMD calls. (g) When a 911 call is found to be non -life threatening by the Emergency Medical Dispatcher, the responding ambulance will down grade to Code 2. The responding EMS personnel shall notify the Nederland Fire/Rescue Service of the change in response immediately upon changing response. (See Section 38 -33 for emergency responses) ' (h) All radios to be programmed for the Nederland Fire/Rescue Services shall first be approved by both the Nederland, and Port Neches Fire Chiefs. No radios shall be programmed with theses frequencies without prior approval from both Fire Chiefs. Sec. 38 -33 Emergencv Operations (a) EMS providers who hold a valid permit issued by the City of Nederland shall operate on a rotation basis for emergency medical calls received through the 911 system. Central Dispatch serves as the public safety answering point (PSAP) for 911 calls initiated in the City of Nederland response area. The method of rotation shall be from 0700 Sunday morning to 0700 Sunday morning of the following week. The method of rotation may be changed at any time it is deemed necessary by the Nederland Fire Chief. (b) When a 911 call is received at the PSAP, and the caller requests a specific EMS provider that holds a current EMS Providers permit, the requested provider shall be notified of the call regardless of the rotation. In the event an EMS provider receives a 911 or emergency private call and is unable to respond immediately, ' the EMS provider shall be responsible for immediately forwarding the call to another provider that holds a current Nederland EMS Provider permit. 153 ' (c) EMS providers will have a maximum response time of seven minutes and fifty - nine seconds (7:59) to all priority one medical calls 95% of the time. The official time will begin when Nederland Fire Rescue is notified of the priority one call and end when the ambulance is on scene with MICU transport capabilities (Paramedic on scene). However, if the call has been triaged by an Emergency Medical Dispatcher and meet current EMD guidelines of a non -life threatening medical emergency, the call can be reclassified by the EMS providers dispatch as a priority two call. (d) EMS providers will have a maximum response time of ten minutes fifty -nine seconds (10:59) to all priority two medical calls 95% of the time. The official time will begin when the fire department is notified of the call and end when the ambulance is on scene with MICU transport capabilities (Paramedic on scene). (e) All response times will be computed on a calendar month basis. (f) The Nederland Fire Chief shall determine compliance with the 95% requirements on priority one and priority two calls. If a provider is found to be out of compliance with minimum response times specified in this ordinance, the provider will be notified of the findings. The EMS provider will immediately take ' all steps necessary to remedy these problems, including but not limited to, increasing the number of in- service ambulances available. (g) In determining whether a run to a call is exempt from the response time standard, the following factors shall include, but are not limited to: (1) Any calls where information on medical need is not immediately available. (This situation exists when an ambulance is not originally dispatched after the PSAP receives the call, but is subsequently requested by on -scene police, fire, or public safety personnel). (2) Ambulances that are unable to proceed due to an intersection blocked by a train or other unforeseeable traffic stoppages. (Ambulances will immediately notify their dispatch and Nederland Fire/Rescue when an ambulance is blocked by a train and when the train is cleared and travel resumes). (3) In the event of MCIs, the initial responding ambulance will meet required response times. All others shall be accountable to the Medical Officer on scene for the type of response needed. (4) Any severe weather conditions including dense fog, heavy rain or flooding, snow, or ice, except if inclement weather was predicted sufficiently in advance that levels of preparedness should have been increased and such steps not taken. 10 (5) Any situations where the dispatch center received false or inaccurate I information or was unable to obtain adequate response information. (6) Calls for standby at fire service calls. (7) Calls for standby at law enforcement incidents. (h) The EMS provider's senior paramedic on a medical scene shall determine if the patient requires ALS care (EMT-1), or MICU care (EMT -P) for the transport of a patient to an emergency medical facility. This will be the sole responsibility of the EMS Provider's senior paramedic and reflect the company's medical director's guidelines via standing protocols or online medical direction. At no time shall the senior paramedic or other EMS personnel delay the transport of sick or injured patients stable or unstable to allow for another ambulance to transport. (i) The Incident Command System will be used on all Mass Casualty Incidents (MCI). The Incident Commander will be the most senior firefighter, or police officer on scene. All Emergency Medical, Fire, Police, and Public Safety personnel will report to the Incident Commander or his/her designee for accountability. At no time will any emergency response personnel enter the scene without notifying the Incident Commander or his/her designee of their presence. (j) The EMS provider that initially responds to an MCI shall provide a liaison ' (Medical Officer) to the Incident Commander to assist with coordinating EMS response and transport. (k) The Medical Officer shall not be involved with direct patient care and shall be available to the Incident Commander at all times. (1) The Medical Officer shall be responsible for accountability of EMS personnel, number of patients, types of transportation needed, and the status of local emergency medical facilities. The Medical Officer may delegate responsibilities to other EMS staff on scene, but will remain responsible to the Incident Commander for EMS operations for that incident. (m) EMS providers shall respond, at minimum, an ALS ambulance priority two to all known structure fires or incidents that could be hazardous to life or health. Central Dispatch shall notify the EMS provider on rotation the location, type, and any known response hazards that may exist at the scene of the stand -by. (n) Ambulances that respond to a scene designated as a stand -by, should stage in an area that would enable the EMS personnel to render speedy medical attention and transport if needed. These ambulances shall not stage in any area that would I prevent transporting immediately from the scene or interfere with emergency operations. 1E 155 ' (o) If the EMS provider is unable to respond to a stand -by, the Incident Commander shall be notified via Central Dispatch. The EMS provider shall make every effort to supply an ambulance in an expedient manner. (p) EMS providers that respond to a stand -by may at any time request the ambulance be returned to service when it is deemed necessary by the EMS provider. (q) EMS vehicles responding to emergency calls within the City of Nederland response area shall be operated in accordance with Texas Traffic Laws pertaining to emergency vehicles as outlined in Chapter 546 of the Texas Transportation Code, as currently defined and subsequently amended. The EMS provider shall ensure all employees know and understand these traffic laws. Sec. 38 -34 Vehicle Inspections (a) Every EMS vehicle, which operates in the City of Nederland response area, shall be made available to the Fire Chief or his designee for inspection upon request. The EMS provider will be notified of the unit or units to be inspected. There shall be only one ambulance at the Fire Station being inspected at a time. This unit will be brought to the Nederland Fire/Rescue Department for inspection before 1700 the day of request. However, if the request is made after 1300 hours the EMS ' provider may request to have the inspection the following business day. (b) Every ambulance operated by a permitted EMS provider may also be spot inspected at any time. The EMS vehicle will not be kept out of service for any length of time and shall be returned to service immediately if the ambulance is needed. However, if the ambulance is unsafe or found to be out of compliance with this ordinance or any Federal or State laws, the ambulance permit will be suspended immediately. (See Section 38- 34)(f). (c) If there is reason to believe an ambulance is in violation of State or local rules or regulations, the Fire Chief or his designee may suspend the ambulance permit. The ambulance will not be allowed to return to service until it has been inspected and meets all State and local rules and regulations. (d) When inspecting an EMS vehicle, it will be taken into consideration that the ambulance has been in service and reasonable usage of supplies will have occurred. No ambulance shall respond to calls of any nature, emergency or transport, within the service area if the supplies are below the EMS provider's protocols minimum. (e) An Ambulance Permit may be suspended at any time an ambulance fails an inspection. This will not be used as a reason for poor response times. It is the ' EMS provider's responsibility to maintain the ambulances, equipment, and 12 156 supplies as set forth by the State of Texas, this Ordinance, and the EMS Provider's protocols. I (f) Any EMS vehicle that has had its Ambulance permit suspended will not be allowed to operate in the City of Nederland response area until the ambulance has passed re- inspection. When the ambulance has met all requirements of this Ordinance and all applicable State laws, the Ambulance Permit will be reinstated and the ambulance may return to service. (g) A record of all revoked or suspended Ambulance and or Provider's permits, and any incident reports will be kept in the EMS provider's file. This information will be used when considering the renewal of an EMS Providers Permit and for assessing penalties or fines. See. 38 -35 Liquidated Damages as Remedy (a) Because the City of Nederland may suffer damages from any violation of this Ordinance, which damages may be uncertain and difficult to quantify, the EMS providers by accepting the issued permit agree to the following schedule of liquidated damages prior to being permitted: (1) For failure to respond within seven minutes and fifty -nine seconds (7:59) following dispatch for two consecutive months on a minimum of ninety ' five percent (95 %) of Priority One calls, the EMS provider shall be assessed a fine of $2,000 for each percentage point below the ninety five percent (95 %) level. However, if an ambulance has an extended response time of more than 15 minutes, to any priority one call, there can be assessed a fine of $500.00 per incident (2) For failure to respond within ten minutes and fifty nine seconds (10:59) following dispatch for two consecutive months on a minimum of ninety percent (95 %) of Priority Two calls, the EMS provider shall be assessed a fine of $1,000 for each percentage point below the ninety five percent (95 %) level. (3) For failure to maintain the ambulance in an aseptic manner, minimum levels of staffing, quantity of supplies, appropriate equipment, or any violation or this ordinance other than specified violations that have a specific fine affixed, shall be assessed a fine of two hundred and fifty dollars ($250.00) per incident. (b) Before assessing liquidated damages against any EMS provider written notice will be given. 13 � 57 I (c) The EMS provider will have ten (10) calendar days from the receipt of notice to appeal the assessment to the Nederland Fire Chief. (d) The Fire Chief will meet with the EMS Provider to consider the matter and make a decision within thirty (30) calendar days of the appeal. The decision of the Fire Chief shall be final. (e) When liquidated damages are assessed, the EMS provider shall have ten (10) calendar days from the date of assessment notice, or from the date of the Fire Chief's decision if the assessment is appealed, to pay to the City of Nederland full amount of damages assessed. (f) The collection of liquidated damages, as a remedy may be in addition to the City of Nederland taking other action, including action to terminate the EMS Providers Permit to operate because of the material breach in the terms of this Ordinance. Sec. 38 -36 Suspension and Termination of Permits (a) The City of Nederland Fire Chief or designee shall have the right to suspend an EMS Provider's Permit to operate in the City of Nederland service area if the EMS provider is in violation of this Ordinance and/or creates an imminent danger to the public health or safety. ' (b) The emergency suspension is effective immediately upon notice to the EMS provider, 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 of the citizens within the Nederland service area. The Fire Chief or his designee will make the determination when or if the EMS provider has duly satisfied the requirements for the EMS providers permit to be returned to active status. (c) A permit may be terminated if the EMS provider: (1) Fails to operate the ambulance service in such a way that enables the EMS provider to remain in compliance with the requirements of this ordinance and the applicable State, and local laws, rules, and regulations. Minor violations of such requirements shall not constitute a material breach except, however, willful and/or repeated violations shall constitute a material breach as determined by the Fire Chief; (2) Falsifies any information provided in their application, requested data, documents, or during any investigations being conducted by the City of Nederland; I (3) Fails to maintain vehicles and equipment in such a way as to insure the ability of the EMS provider to respond, treat, and transport crews or 14 patients to and/or from medical scenes in a safe expedient manner. Minor violations of such requirements shall not constitute a material breach; ' however, willful and/or repeated violations shall constitute a material breach. A willful violation may include the failure to correct a minor violation after notice and before responding to any emergency medical call within the response area; (4) Fails to meet response time requirements for more than three (3) months during any 12 -month period, as required by this Ordinance; (5) Fails to pay liquidated damages in a timely manner as provided in this Ordinance; (6) Fails to transport any person in medically necessary circumstances; (7) The EMS provider or employee of the EMS provider engages in deceptive business practices or illegal activities while using the permitted ambulance for such activity; or (8) The EMS provider fails to maintain valid and/or current registration and inspection stickers. (d) The Fire Chief shall review any emergency suspensions and decide if the incident ' should go before the Nederland City Council for review for termination. If the Fire Chief finds the permit should be terminated, it will be referred to the Nederland City Council for review and determination. The determination of the Nederland City Council findings will be final. (e) If the Nederland City Council finds an EMS provider in material breach and revokes its permit, such revocation shall be effective immediately. See. 38 -37 Indemnity (a) Independent of the requirement to provide insurance, each EMS Provider must indemnify, hold harmless and defend the City, it's officers, agents and employees from and against Iiability for any and all claims, liens, suits, demands, and/or actions for damages injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorney's fees and other reasonable costs arising out of the EMS provider's work and/or activities conducted in connection with this ordinance, including all causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of the ambulance operator, its officers, agents, employees, subcontractors, licensees, invitees, and other persons. 15 (b) The indemnity does not apply to liability caused solely by the emergency medical assistance rendered by City of Nederland, Texas, personnel. (c) In any action based on allegation of joint negligence on the part of the EMS provider and City, each party shall only be responsible for that portion or percentage of any damages awarded which is directly attributable to the negligence of that party. The City and the EMS provider must provide the other prompt and timely notice of any event covered by this Ordinance which in any way affects or might affect the EMS Provider or City, and the City has the right to compromise and defend the same to the extent of its own interests. This indemnity provision is an additional, not exclusive, remedy for the City. See. 38 -38 Penal The provisions of Sec. 38 -27(a) and Sec. 38 -30(b) are intended to govern and protect public health. Any person who intentionally, knowingly, or recklessly violates any provisions of Sec. 38 -27 (a) or Sec. 38 -30 (b) shall be deemed guilty of a misdemeanor and shall upon conviction be assessed a fine not to exceed $2000.00. Each day any violation of this ordinance occurs shall constitute a separate offense. ' SECTION 2: REPEAL. All ordinances or parts or ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance 1 SECTION 3: SEVERABILITY. If any provision of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such validity shall not affect the validity of the remaining provisions of this ordinance of their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. SECTION 4: EFFECTIVE DATE. This ordinance shall take effect from and after its passage by the City Council and publication. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. 16 160 PASSED AND APPROVED � by �the City Council of the City of Nederland at a , regular meeting on this day of 1 J 12004. ATTEST: LaDOnna Floyd, City dferi City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hug es, Coy Attorney City of Nederland, Texas 17 k. A. Nuge ayor City of Nederland, Texas 1 1 RESOLUTION 2004 -05 ' A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the fiscal year beginning October 1, 2004 and ending September 30, 2005; and WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed or amended form; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 3:00 p.m., August 9, 2004, to approve this budget in the proposed or amended form in ' accordance with Article VII of the City Charter. PASSED AND APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING THIS THE 12`h DAY OF JULY, A.D., 2004. R. A. Nugoff, Mayor City of Nederland, Texas ATTEST: C 7x .,a LaDonna Floyd, City Clerk' City of Nederland, Texas APP VED AS TO FORM AND LEGALITY: Richard D. Hughes, Cilo Attorney City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 6:00 p.m. July 26, 2004 CALL MEETING TO ORDER The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve the minutes of the July 12, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. FINANCE — INVESTMENT REPORT Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending June 30, 2004. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to accept the Quarterly Investment Report as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 4. CONTRACTS /AGREEMENTS A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Sawyer to approve a Memorandum of Understanding with the Texas Department of Transportation for the 2003 Beaumont Regional ITS Architecture and ITS Deployment Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. BIDS /PURCHASES A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to authorize the award of bid to Excavators & Constructors, Inc., Port Arthur, TX, for storm sewer system improvements, Area 3, Phase II, in the amount of , $380,311.80. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. Minutes continued, July 26, 2004 Andre' Wimer, City Manager, reminded the Council that the City previously received tentative approval for the purchase of a controlled gate to be installed at the old landfill /green waste site. The cities of Nederland, Port Neches, and Groves jointly submitted a solid waste grant request for this agreement to control illegal dumping at this location. Upon additional review by the State, however, funding was denied for the gate. Instead, the State indicated that funding would be provided for a camera system to monitor the site. As such, staff has researched various types of camera equipment and submitted documentation to the State for the purchase of an eight (8) channel digital video recorder. The solar powered camera will be mounted at the site and will transmit to a remote location for monitoring and /or recording; additionally, the features of this equipment allow for it to zoom, pan, and tilt as controlled from the remote location. Staff obtained a proposal from Patriot Security for the camera, all related components, and installation in the amount of $15,340. The grant will provide $12,272 (80 %) while the remaining amount of $3,068 (20 %) will be paid by the three (3) cities. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve the purchase of video camera equipment (solid waste grant) from Patriot Security, Port Neches, TX, in the amount of $15,340. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 6. CHANGE ORDER A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to approve Change Order No. 1 with Excavators & Constructors, Inc. for storm sewer system improvements, Area 3, Phase II, in the amount of +$33, 819.80. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ORDINANCE A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve Ordinance No. 2004 -06, amending the 2003 -2004 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 8. WASTEWATER TREATMENT PLANT A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to accept the Wastewater Treatment Plant improvements constructed by ALLCO, Inc. and to authorize the release of retainage in the amount of $72,047.83. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 163 Minutes continued, July 26, 2004 I 9. BUDGET Andre' Wimer, City Manager, explained that this item was placed on the agenda ' in the event that any Councilmembers had any questions relative to the budget. No questions and /or comments were made at this time. 10. CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, explained that this item was placed on the agenda in the event that any Councilmembers had any questions relative to the Capital Improvement Program. No questions and /or comments were made at this time. 11. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve payment to Jefferson County Drainage District No. 7 in the amount of $2,928.75, storm water permitting. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 12. EXECUTIVE SESSION The regular meeting was recessed at 6:25 p.m. by Mayor Nugent 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.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; and, consultation with City Attorney. 13. RECONVENE The regular meeting was reconvened at 7:05 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, announced that the Planning and Zoning Commission will be conducting a Workshop on August 2 "d to discuss the portion of the Subdivision Ordinance that regulates private streets and private subdivision development. Councilmember Rogers complimented Mayor Nugent on his presentation to the , Texas Railroad Commission last week during the appeal of the Texas Gas Service Company's rate case. Mayor Pro Tern Sawyer added that some customers may be under the impression that the cities lost on all issues, but this was not the case. Minutes continued, July 26, 2004 15. ADJOURN There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 7:12 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. R. A. Nugent(1,W , yor City of Neder and, Texas ATTEST: Qr LaDonna Floyd, City Clerk City of Nederland, Texas 1 165 ry4Oj "o,�FRLAN�" 1 165 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X R. A. Nuge ,Mayor -1 ll� LaDonna Floyd, City Clerk 3-Le 14— July-12; 2004 Date 1 I� J ORDINANCE NO. 2004-06 AN ORDINANCE AMENDING THE 2003 -04 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2003 -05 which adopted the 2003 -04 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 are set out in Attachment "A" attached hereto; and; and, WHEREAS, the 2003 -04 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2003, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2003 and ending September 30, 2004, 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 2003 -04 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 as set forth in Ordinance 2003 -05 adopting the budget for 2003 -04. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for 2003 -04 fiscal year is amended to allow for increases in expenditures as set out in Attachment "A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT, this being an ordinance not requiring publication, it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 26`h DAY OF JULY, A.D., 2004. G R. A. Nugen ayor City of Nede land, Texas ATTEST: 40, 2e LaDOnna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, dty Attorney City of Nederland, Texas 157 163 BUDGET ORDINANCE AMENDMENT — ATTACHMENT A WATER & SEWER FUND Amend Water and Sewer Fund by appropriating unencumbered funds remaining at September 30, 2003 in the amount of $42,000 and increase line item as detailed below: Increase 50 -61 -00 -6275 Water Meters and Boxes $42,000.00 Increase Water & Sewer Fund Budget to purchase large water meters and replacement parts to replace and retrofit 24 identified large water meters. These meters were identified in the JBS Associates Comprehensive Water Distribution System Audit report as those needing to be replaced and/or repaired. 1 I ; r] REGULAR MEETING OF THE CITY COUNCIL OF THE � CITY OF NEDERLAND 3:00 p.m. August 9, 2004 1. MEETING The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Councilmember Rogers to approve the minutes of the July 26, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. REQUEST Andre' Wimer, City Manager, explained that Ricky Mitchell, owner of a mobile home at 2803 Avenue H, has requested to address the Council relative to the demolition order that was approved at the June 28, 2004 meeting. A public hearing was conducted on that date and the Council gave 60 days to have the structure removed by the owner, or the City would remove it and a lien placed on the property. Ricky Mitchell, 1314 Pine Lane, Port Neches, TX, stated that he feels there has been some miscommunication between him and the City. He stated that he did receive the first notice from Rod Hatch, Building Official, informing him that the mobile home was inhabitable. However, Mr. Mitchell was under the impression that he would be allowed to make necessary repairs rather than have it removed. He added that he never received the notices informing him of the Public Hearing and the Council's subsequent action to have it removed. Mr. Wimer indicated that the Post Office had attempted delivery of the certified mail four (4) times to Mr. Mitchell and notice of the Public Hearing had been published in the Mid County Chronicle; as such, staff believes sufficient notice was provided. Since that time he has made approximately $2,500 in repairs and would like to request the Council rescind their removal order. Mr. Wimer added that the contractor that Mr. Mitchell hired to do the repairs did not obtain any permits, therefore, Mr. Hatch was unaware that any work was being done on the mobile home. Mr. Hatch looked at the outside of it today and indicated that skirting has been added, siding has been repaired and /or replaced, and the water lines have been repaired. He also stated that there are other mobile homes in the park that are in need of repairs. Richard Hughes, City Attorney, researched the legality of whether the Council can legally rescind the order and could find no mechanism to change the action, but feels it can be voided if Council desires. If the Council does void the action 17 0 Minutes continued, August 9, 2004 and sets a time limit to complete repairs and they are not completed within the time frame the entire process for demolition would have to be started again. He , added that if repairs are made then the Council should be certain that the structure is in compliance with the Code. The ordinance states that structures shall be in compliance with the Code that was in effect at the time of construction. Mayor Pro Tern Sawyer suggested that Mr. Hatch conduct a thorough inspection and that he report back to Council prior to any decisions being made. Mr. Hughes agreed that no action be taken today and allow Mr. Hatch and Mr. Mitchell to further discuss the property and report back to Council with a recommendation. Mr. Wimer added that Mr. Mitchell should pay any expenses that may be incurred by the City if the process has to start over. A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone action regarding a request from Ricky Mitchell concerning his mobile home at 2803 Avenue H #5. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 4. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 3:25 p.m. for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year 2004 -2005 Annual Budget. ' Andre' Wimer, City Manager, stated that in accordance with the City Charter a Public Hearing must be conducted prior to August 15'h of each year on the proposed annual budget. The Public Hearing gives interested persons the opportunity to comment on the budget. The City Council retains the authority to modify the proposed budget as deemed necessary. He added that the tax roll has not yet been certified and, as such, the proposed tax rate remains preliminary. The total preliminary taxable value is $613,272,490 which represents a 4.02% increase over the current year amount of $589,567,833. The certified tax roll should be received on Tuesday, August 10'h. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:30 p.m. by Mayor Nugent. 5. EXECUTIVE SESSION The regular meeting was recessed at 3:30 p.m. by Mayor Nugent 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, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the ' Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney. 1.71. Minutes continued, August 9, 2004 6. RECONVENE The regular meeting was reconvened at 4 :40 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. RESOLUTION A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to approve Resolution No. 2004 -06, authorizing the execution of a Memorandum of Understanding between the City of Nederland and the Nederland Independent School District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 8. GRANT A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to authorize the submission of a grant to the Hebert Foundation for the Marion & Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 9. CITY SERVICES A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 10. CHANGE ORDER A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Sawyer to approve Change Order No. 1 and Final with Jerry Walley Construction, L.P. in the amount of - $1,250.00, for storm sewer system improvements, Allan Meadows Subdivision. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 11. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve payments to d, p. Consulting Engineers, Inc. as follows: $760.00, Boston Avenue Pavement Rehabilitation Project; $1,866.60, upper Main "C" drainage improvements; and, $578.80, Allan Meadows drainage study. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 1 r Minutes continued, August 9, 2004 A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve a payment to Brystar Contracting, Inc. in the amount of $219,470.90, wastewater collection system rehabilitation (Years 4 & 5). MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve a payment to Jerry Walley Construction, L.P. in the amount of $653.63, Allan Meadows drainage project, final. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve payment of the bills for the month of July. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the new traffic signals at the intersection of 27 h Street and Helena Avenue should be working tomorrow. Councilmember Neal reported that he received a complaint from Dale Rienstra, ' Bedroom Basics, relative to parking in front of his business on Boston Avenue. It appears that due to the trees and handicap parking he is losing several parking spaces. Mr. Wimer stated that staff will meet with the engineers regarding this problem. 13. ADJOURN There being no further business, a motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to adjourn the meeting at 5:03 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. R. X Nugent, ayor City of Nede nd, Texas .."tt�nwnunrcgpr� � "'/''4 ATTEST: LaDonna Floyd, City Clerk} City of Nederland, Texas 2 lip, 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X R. A. Nug t, Mayor LaDonna Floyd, City Clerk August 9, 2004 Date P CITY OF NEDERLAND RESOLUTION NO. 2004-06 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING ENTERING INTO AN INTERLOCAL AGREEMENT TO PROVIDE A POLICE PRESENCE TO THE NEDERLAND INDEPENDENT SCHOOL DISTRICT AND ITS STUDENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF NEDERLAND. WHEREAS, the City of Nederland ( "City ") and the Nederland Independent School District ( "NISD ") desire to enter in a Memorandum of Understanding to continue the SPO -COPS program in order to provide a more secure environment for children to be educated. WHEREAS, the City is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in providing police protection for the benefit of its citizens; WHEREAS, NISD is a duly organized political subdivision of the State of Texas engaged in the administration of education and related services for the benefit of its patrons within the City and within Jefferson County, Texas; 1 WHEREAS, the City and NISD mutually desire to be subject to the provisions of V. T. C. A. Government Code, Chapter 791, the Interlocal Cooperation Act and to contract pursuant thereto; and ' WHEREAS, the City desires to enter into a contract with NISD, as set forth in the SPO- COPS Memorandum of Understanding, which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland, Texas, that the City Manager be and he is hereby authorized to execute on behalf of the City of Nederland, the attached SRO -COPS Memorandum of Understanding providing a police presence to the students of the Nederland Independent School District, which shall take effect on the date that the Memorandum of Understanding is signed by both of the duly authorized representatives. R. A. Nu t, Mayor City of Nederland, Texas ATTEST: LaDorma Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Richard D. Hughes, City A rney City of Nederland, Texas 175 1 SRO -COPS MEMORANDUM OF UNDERSTANDING The following is an agreement between the City of Nederland (City) and the Nederland Independent School District (NISD). The purpose of the memorandum is to define the responsibilities of the individuals and partners involved. The goals and objectives of this partnership are to provide a police presence and to continue the concept of School Resource Officer - Community Oriented Policing (SRO -COPS) in the schools of the Nederland Independent School District. The school district serves approximately 4,996 students on eight (8) campuses in Nederland, Texas. The Nederland Police Department and the Nederland Independent School District feel ' that we, together with the SRO -COPS program, will provide a more secure environment for our children to be educated. Early intervention with troubled youths and gang identifications by an on -site SRO -COPS officer, together with teachers, counselors, and administrators, will naturally accomplish what the school district or the police department alone has difficulty providing. The City and the NISD will be jointly responsible for financial support of the position. NISD shall be responsible for seventy -nine percent (79 %) of the cost of the SRO -COPS officer, in addition to one hundred percent (100 %) of any and all overtime costs as a result of NISD direction; the City shall be responsible for twenty -one percent (21 %) of the costs of the SRO - COPS officer, in addition to one hundred percent (100 %) of any and all overtime costs as a result of City direction. For purposes of this Memorandum of Understanding, the cost of the SRO - COPS officer shall include salary and wages, longevity pay, certification pay, social security, worker's compensation insurance, health insurance, dental insurance, long -term disability insurance, life insurance /AD &D, and TMRS retirement. The City shall bill NISD on a quarterly basis. NISD agrees to remit payment to the City within thirty (30) days of receipt of the quarterly statement. The City will be responsible for disbursement of funds with the SRO -COPS officer remaining an employee of the City. Cost of the program will be reviewed annually in May or each year and adjustments made as approved by the Nederland Board of Trustees and the Nederland City Council. In the 176 event that both the NISD and the City are unable to agree on the necessary adjustments by June 30 of each year, this Memorandum of Understanding shall automatically terminate on July 1. The supervision of the SRO -COPS officer will remain the responsibility of the Nederland Police Department. However, the SRO -COPS officer will work at the direction of the Nederland Independent School District Superintendent (or designee), so long as this does not conflict with the established rules and regulations of the Nederland Police Department. The SRO -COPS officer will work closely with the Nederland Independent School District officials to achieve a comprehensive program to provide an essential partnership to the service of the parents and students of the Nederland Independent School District. The SRO - COPS position includes, but is not limited to, the following activities: 1. Provide on -site security to Nederland Independent School District campuses, 2. Teach crime prevention and substance -abuse classes, 3. Monitor troubled students, 4. Provide a liaison between the school officials and the Nederland Police Department, 5. Assist parent- teacher organizations in the realization of common goals, 6. Assist school administrators in providing a safe and secure learning environment for the students, employees, and visitors of all Nederland Independent School District campuses and facilities, and 7. Assist school administrators, teachers and staff in the enforcement of NISD student code of conduct violations that are also violations of law. Andr6 Wimer, City Manager City of Nederland Gail Krohn, S perintendent Nederland In ependent School District Date 1 1 1 THAT the foregoing appropriations for expenditures be adopted as the budget for the ensm fiscal year beginning October 1, 2004 and ending September 30, 2005. T T the City Council shall meet and adopt an Ordinance levying on the assessed valuation of the pro within the City, subject to the provisions of the Charter and lawful exceptions given by State Law r City Ordinance, a'rate of taxation on each One Hundred Dollars ($100.00) of valuation suffi ' nt to raise theAnounts estimated to be required in this annual budget less the amounts estimate to be recei ed from fines, Iicenses, and other sources of revenue. THAT any u n mbered funds remaining on hand at the end of the fiscal year endi September 30, 2004, sh be construed with and classified with Miscellaneous revenue anflci ted during the fiscal year b gi 'ng October 1, 2004 and ending September 30, 2005, and such fl& are hereby appropriated a C4 Council Contingency Account for purposes approved the City Council. THAT all or 'nances and is of ordinances in conflict herewith are a ressly repealed. THAT the City Jerk shall file true copy of this ordinance Sr sai udget with the Office of County Clerk of Je on County, Texas as provided by ecti 102.011 of the Local Government Code. THAT this being an ordinance not requ 'ng pu shall take effect and be in force from and after its passage. ' PASSED AND APPROVED BY THE T COUNCIL OF TH ITY OF NEDERLAND AT A REGULAR MEETING THIS 23rd DAY OF AUGUST, A. ., 2004. ATTEST: LaDonna Floyd, City Cie City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hugt}es, Cil,�Attorney City of Nederl4hd, Texas 1 R.A. Nugent, City of Nedei .17 ill 1 U ORDINANCE NO. 2004-09 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2004, LEVYING AND ASSESSING TAXES FOR THE SUPPORT OF THE 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 the 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 2004, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $677,853,310; now, therefore, BE IT ORDAINED BY THE 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 $677,853,310, shall become the tax assessment rolls of the City of Nederland for the year 2004, less all exemptions provided by either State Law or City ordinance in the amount of $65,161,520. 1 SECTION 2: - That there is hereby levied for the current year, 2004, 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, 2005 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of 65.8903 cents 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), 39.8307 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 26.0596 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Four hundred eighteen thousand, five hundred ninety dollars ($418,590.00) on the Certificates of Obligation, Series 1996, 6.81464 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Two hundred three thousand, six hundred eighty dollars ($203,680.00) on the Certificates of Obligation, Series 1998, 3.31591 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred twenty -four thousand, seven hundred twelve dollars and fifty cents ($124,712.50) on the Certificates of Obligation, Series 1999, 2.03032 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred thirty -six thousand, , one hundred ninety -two dollars and fifty cents ($136,192.50) on the Certificates of Obligation, Series 2000, 2.2I721 cents on each one hundred dollars ($100) valuation of property. 1 For the purpose of paying interest and principal of Seven hundred seventeen thousand, five hundred thirty-eight dollars and seventy-six cents ($717,538.76) on the Certificates of Obligation, Series 2002, 11.68152 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 2004 taxable year, and the amounts collected shall be deposited in the Depository of the City of Nederland, 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 23'u DAY OF AUGUST, A.D., 2004. R.A. 1,tgenokayor City of Nederland, Texas ATTEST: 1 41,.,, -. "a,1.4 LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: t z'> Richard D. Hughes, City Attorney City of Nederland, Texas 1 173 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 23, 2004 MEETING The meeting was called to order at 6:00 p.m. by Mayor Richard A. Nugent 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 Tern Sawyer and seconded by Councilmember Neal to approve the minutes of the August 9, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. REQUESTS ' Andre' Wimer, City Manager, stated that Rod Hatch, Building Official, had met with Mr. Ricky Mitchell regarding the mobile home at 2803 Avenue H #5 that the Council had issued a demolition order. Mr. Hatch indicated that significant repairs have been made to the structure and he feels it is now habitable. A motion was made by Councilmember Radcliff and seconded by Councilmember Neal to rescind the demolition order for the mobile home located at 2803 Avenue H, #5. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. Basil Hortman, 3934 Village Oak, Kingwood, TX, addressed the Council relative to a grass lien that was placed on property he owns at 619 South 13" Street. Mr. Hortman stated that he was unaware of this lien that a lien was placed on the property in 1973. He feels that he never received notification from the City, therefore, he is requesting that the penalty and interest be waived. The lien was discovered while he was trying to sell the property. The original fee that the City was charged to have the property cleaned was $50.00, the total with penalty and interest is $205.40. A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to waive the penalty and interest on the grass lien at 619 South 13`h Street and to release the lien contingent upon payment of the original fee of $50.00 plus a $22.00 service charge. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. �S Minutes continued, August 23, 2004 4. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:13 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the submission of an application to the Office of Rural Community Affairs for a Texas Community Development Program (TCDP) grant. Leslie Waxman, David J. Waxman, Inc., briefly reviewed the TCDP program and how it works. The maximum funding amount is $250,000. Ms. Waxman gave a list of eligible projects and added that water and sewer facilities typically score higher than some other activities. The purpose of the program is to improve the quality of life for low -to- moderate income level persons. She added that the City of Nederland has received funding in the past and the last project was for water and sewer lines in the Atllanta Avenue /Gage Avenue neighborhood. This project still has some needed improvements and since the City was unsuccessful during the last funding cycle this would be an excellent area to be submitted. The deadline for submission is November 5, 2004. Andre' Wimer, City Manager, added that the City was only one point short of receiving the grant during the last funding cycle. He recommended that the Atlanta Avenue /Gage Avenue project be submitted. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:25 p.m. by Mayor Nugent. 5. WATER TREATMENT Robert Sangster, Water Treatment Plant Supervisor, addressed the Council relative to water treatment standards and requirements. The City of Nederland recently mailed a mandatory notification to all water customers concerning violations of Haloacetic Acids and Trihalomathanes quality standards. This was a result of levels above the maximum standards set by the Environmental Protection Agency. Mr. Sangster added that the standards were reduced by the EPA and that reduction resulted in our samples being slightly above the minimum allowable levels. The Texas Commission on Environmental Quality administers the EPA guidelines and they collect quarterly samples from all surface water treatment plants throughout Texas. These samples are then averaged to obtain the levels of contaminants. With the reduced standards the City is in the process of obtaining approval from the TCEQ for a new treatment method to avoid any further violations. Mr. Sangster informed the Council that research has shown that the test results are not considered an emergency and that to be harmful a person would have to drink over a gallon of water daily for seventy years. 6. RESOLUTION I � A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve Resolution No. 2004 -07, implementing the National Incident ' Management System (NIMS) in the City of Nederland as initiated by the Department of Homeland Security. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. Minutes continued, August 23, 2004 POLICIES /PROCEDURES A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to approve a Fraud Prevention Policy as recommended by Edgar, Kiker & Cross, PC. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 8. BIDS /PROPOSALS A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to authorize the advertisement of bids for City property on South 16th Street to be received September 20, 2004. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 9. ORDINANCE A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve Ordinance No. 2004 -07, utility regulations and rates, except Section 15.5 regarding Insufficient Funds Checks, in order that the City Attorney may further review that section; if approved by the City Attorney this section will remain a part of the ordinance, if not approved this section will be deleted. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 10. BUDGET A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve Ordinance No. 2004 -08, an appropriation ordinance adopting a budget in accordance with Article VII in the Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 11. TAX RATE A motion was made by Councilmember Radcliff and Councilmember Rogers to table action on adoption of a proposed tax rate and establishing a date and time for approval; table action regarding the proposed tax rate and establishing a date and time for a Public Hearing; and to approve Ordinance No. 2004 -09, adopting a tax rate of $.658903 per $100 valuation for fiscal year beginning October 1, 2004 and ending September 30, 2005. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 183 ii L 'f Minutes continued, August 23, 2004 12. CAPITAL IMPROVEMENT PROGRAM A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve the Five Year Capital Improvement Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 13. PAYMENTS A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to approve payments to Schaumburg & Polk, Inc. as follows: $18,280.00, 2005 collection system rehabilitation; and, $841.62, 2002 -2003 collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 14. EXECUTIVE SESSION The regular meeting was recessed at 7:01 p.m. by Mayor Nugent 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, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney. 15. RECONVENE The regular meeting was reconvened by 7:45 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 16. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the Boston Avenue rehabilitation project may be completed by the end of this week. They will begin with the street striping on Tuesday, August 24th. Mr. Wimer stated that the SSES project which began 5 -6 years ago has been approved by the EPA and the file has officially been closed. He also reported that Chief Lovelady had indicated that the City was unsuccessful in obtaining the grant that would have been used for the ladder truck refurbishment. i_� Minutes continued, August 23, 2004 17. ADJOURN There being no further business, a motion was made by Councilmember Neal and seconded by Councilmember Radcliff to adjourn the meeting at 7:49 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ATTEST: l_aDonna Floyd, City Clerk City of Nederland, Texas 3 � ER L L�� L R. A. Nugent, ayor City of Nederland, Texas C� r^ CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X r 0' R A. Nuge , Mayor c LaDonna Floyd, City Clerk August 23, 2004 Date 1 1 CITY OF NEDERLAND RESOLUTION NO. 2004-07 ' A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS INDICATING THE ESTABLISHMENT OF THE NATIONAL INTERAGENCY INCIDENT MANAGEMENT SYSTEM — INCIDENT COMMAND SYSTEM AS THE CITY -WIDE STANDARD COMMAND AND CONTROL SYSTEM DURING EMERGENCY OPERATIONS. WHEREAS, on occasion disasters occur that threaten the public health, safety, and lives of the citizens of Nederland; WHEREAS, it is necessary and desirable to ensure that all Federal, State, and local emergency agencies and personnel coordinate their efforts to efficiently provide emergency relief and disaster recovery aid; WHEREAS, to facilitate efficient and effective assistance to those impacted it is important that all State and local emergency response agencies and personnel utilize common terminology, integrated communication, consolidated action plans, unified command, manageable span of control, modular organization, comprehensive resource management, public information systems, and designated incident facilities during emergencies or disasters; WHEREAS, the Incident Command System, as developed by the National Interagency Incident Management System, sets forth standardized procedures for managing personnel, communications, facilities, and resources; WHEREAS, the Incident Command System procedures are used by the Federal Department of Homeland Security, Texas Division of Emergency Management, and other orgamzahons; WHEREAS, the Incident Command System is an integral part of various emergency management training programs currently thought throughout the State; WHEREAS, the Occupational Safety and Health Administration requires the establishment of a site - specific Incident Command System to handle emergency responses; and WHEREAS, the Disaster Preparedness Commission Task Force on Command and Control and the Texas Division of Emergency Management endorse a standardized Incident Command System; NOW, THEREFORE, I, R.A. "DICK' NUGENT, Mayor of the City of Nederland, Texas, by the virtue of the authority vested in me do hereby establish the National Interagency Incident Management System - -- Incident Command System as the city -wide standard command and control system during emergency operations. PASSED and APPROVED by the City Council of the City of Nederland, Texas on this the o23 day of August, 2004. R.A. "Dick" ugent, yor ATTEST: dmoy� La Donna Floyd, City Clerk APP VED: Rick Hughes, City Attorn y L S .• LJt 188 CITY OF NEDERLAND FRAUD PREVENTION POLICY I. BACKGROUND The City of Nederland (City) Fraud Prevention Policy (Policy) is established to facilitate the development of controls which will aid in the detection and prevention of fraud against the City. It is the intent of the City to promote consistent organizational behavior by providing guidelines and assigning responsibility for the development of controls and conduct of investigations. II. SCOPE OF POLICY The Policy applies to any fraud, or suspected fraud, involving City employees as well as consultants, vendors, contractors and/or any other parties with a business relationship with the City. Any investigative activity required will be conducted without regard to the suspected employee's or party's length of service, position/title, or relationship to the City. III. POLICY 1 City management is responsible for the detection and prevention of fraud, misappropriations, and other fiscal wrongdoing. Each Department Head will be familiar ' with the types of improprieties that might occur within his or her area of responsibility, and be alert for any indication of irregularity. IV. ACTIONS CONSTITUTING FRAUD Fraud is defined as the intentional, false representation or concealment of a material fact for the purpose of inducing another to act upon it to his or her injury. Also, the purposes of this Policy, the term "fraud" shall include defalcation, misappropriation, and other fiscal wrongdoings. The terms "defalcation, misappropriation, and other fiscal wrongdoings" refer to, but are not limited to: • Any dishonest or fraudulent act; • Forgery or alteration of any document or account belonging to the City; • Forgery or alteration of a check, bank draft, or any other financial document; • Misappropriation of funds, securities, supplies, or other assets; • Impropriety in the handling or reporting of money or financial transactions; • Profiteering as a result of insider knowledge of City activities; ' • Disclosing confidential and proprietary information to outside parties; • Accepting or seeking any benefit prohibited by Chapter 36 of the Texas Penal Code; 183 • Destruction, removal, or inappropriate use of records, furniture, fixtures, and equipment; ' and/or • Any similar or related inappropriate conduct If there is any question as to whether an action constitutes fraud, each employee shall contact the City Manager for guidance. V. INVESTIGATION RESULTS The City Manager or his designee has the primary responsibility for the investigation of all suspected fraud as defined in the Policy. The City Manager shall have the authority to confer with and/or hire other persons to assist in the investigation as may be reasonable and appropriate. If, in the opinion of the City Manager, the investigation substantiates that fraud has occurred, appropriate disciplinary action shall be taken. Decisions to prosecute or refer the examination results to the appropriate law enforcement and/or regulatory agencies for independent investigation will be made by the City Manager in conjunction with the City Attorney, as will final decisions on disposition of the case. VI. CONFIDENTIALITY The City will treat all information received as "confidential' to the extent authorized by the Texas Open Records Act or by other law — state or federal. Any employee who suspects fraud shall notify the City Manager immediately, and should not attempt to personally conduct investigations or interviews /interrogations related to any suspected fraudulent act (see REPORTING PROCEDURE section below). VII. AUTHORIZATION FOR INVESTIGATING SUSPECTED FRAUD Individuals responsible for conducting an investigation shall have: • Free and unrestricted access to all City records and premises; and • The authority to examine, copy, and/or remove all or any portion of the contents of files, desks, cabinets, and other storage facilities on the premises without prior knowledge or consent of any individual who may use or have custody of any such items or facilities when it is within the scope of their investigation. VIII. REPORTING PROCEDURES ' An employee who discovers or suspects fraud will contact the City Manager immediately. In the event that the City Manager is suspected of fraud, the employee shall contact the Mayor who shall then undertake the necessary investigation or appoint another person to conduct the investigation, with the same rights, powers and duties granted herein to the tl City Manager. The employee or other complainant shall submit their statement in writing with their name and signature. All inquiries concerning the activity under investigation from the suspected individual, his or her attorney or representative, or any other inquirer I should be directed to the City Manager or the Mayor as provided herein. IX. REPORTING PROCEDURES The reporting individual shall be informed of the following: • Do not contact the suspected individual in an effort to determine facts or demand restitution; • Do not discuss the case, facts, suspicions, or allegations with anyone unless specifically asked to do so by the City Manager or City Attorney. X. ADMINISTRATION The City Manager is responsible for the administration, revision, interpretation, and application of this Policy. The Policy will be reviewed annually and revised as needed. APPROVED BY the City Council of the City of Nederland, Texas on this d3 day of a 2004, R. A. Nuge , Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas �I 191 ORDINANCE NO. 2004-08 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005, 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, 2004 and ending September 30, 2005. WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On August 9, 2004, after notice was published as prescribed by the Statutes of the State of Texas, 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 I - GENERAL FUND. That there be and is hereby appropriated the sum of Six million, six hundred thousand, nine hundred forty -two dollars and no cents ($6,600,942.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 9,900 b. Legal 38,420 c. City Manager 338,839 d. Finance 204,794 e. Personnel 188,845 f. Civil Service 7,200 g. City Hall 51,343 h. Police 2,208,345 i. Police - Prisoner Extra Help 26,229 j. Emergency Management 8,111 k. Fire 1,189,663 1. Fire Volunteers 16,200 m. Inspections 146,795 n. Public Works Administration 200,719 o. Street Department 854,078 p. City Shop 142,671 q. Parks & Recreation 375,417 r. Library 296,401 s. Other Requirements 296,972 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, six hundred five thousand, seven hundred fourteen dollars and no cents ($1,605,714.00) 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 Three million, six hundred ninety -seven thousand dollars and no cents ($3,697,000.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: 1 r Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated the sum of Two hundred sixty -nine thousand dollars and no cents ($269,000.00) 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 One million, one hundred twenty-seven thousand dollars and no cents ($1,127,000.00) 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 Seventy -two thousand dollars and no cents ($72,000.00) to the Equipment Replacement Fund - General for the payment of necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT FUND -SOLID WASTE. That there be and is hereby appropriated the sum of One hundred twenty -five thousand dollars and no cents ($125,000.00) to the Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 8 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of ' a. Water Treatment $ 1,013,926 b. Billing /Collections 292,313 c. Wastewater Treatment 588,804 d. Water & Sewer Distribution 1,103,018 e. Other Requirements 698,939 Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated the sum of Two hundred sixty -nine thousand dollars and no cents ($269,000.00) 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 One million, one hundred twenty-seven thousand dollars and no cents ($1,127,000.00) 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 Seventy -two thousand dollars and no cents ($72,000.00) to the Equipment Replacement Fund - General for the payment of necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT FUND -SOLID WASTE. That there be and is hereby appropriated the sum of One hundred twenty -five thousand dollars and no cents ($125,000.00) to the Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 8 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Seven thousand, seven hundred dollars and no cents ($7,700.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 9 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of Fifty- four thousand, six hundred dollars and no cents ($54,600.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 10 — COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of Five thousand dollars and no cents ($5,000.00) to the Court Technology Fund for the payment of operating expenses and necessary capital outlay. Section 11 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of One million, five hundred forty-six thousand, fifty dollars and no cents ($1,546,050.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 12 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of Fifty thousand, one hundred dollars and no cents ($50,100.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 13 - 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 14 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Four thousand dollars and no cents ($4,000.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 15 - MID- COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That there be and is hereby appropriated the sum of Five hundred ten thousand, five hundred seventy-five dollars and no cents ($510,575.00) to the Mid - County Municipal League Dispatching Fund for the payment of operating expenses and necessary capital outlay. J THAT the foregoing appropriations for expenditures be adopted as the budget for the ensuing fiscal year beginning October 1, 2004 and ending September 30, 2005. 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, 2004, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2004 and ending September 30, 2005, 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 Clerk 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 23rtl DAY OF AUGUST, A.D., 2004. ATTEST: c a�-,d LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: rc "hard D. Hughes, Cit Attorney City of Nederland, Texas 1 R.A. Nugent, ayor City of Nederland, Texas 10i e4 94 ORDINANCE NO. 2004-09 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2004, LEVYING AND ASSESSING TAXES FOR THE SUPPORT OF THE 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 the 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 2004, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $677,853,310; now, therefore, BE IT ORDAINED BY THE 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 $677,853,310, shall become the tax assessment rolls of the City of Nederland for the year 2004, less all exemptions provided by either State Law or City ordinance in the amount of $65,161,520. 1 SECTION 2: - That there is hereby levied for the current year, 2004, 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, 2005 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of 65.8903 cents 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), 39.8307 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 26.0596 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Four hundred eighteen thousand, five hundred ninety dollars ($418,590.00) on the Certificates of Obligation, Series 1996, 6.81464 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Two hundred three thousand, six hundred eighty dollars ($203,680.00) on the Certificates of Obligation, Series 1998, 331591 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred twenty -four thousand, seven hundred twelve dollars and fifty cents ($124,712.50) on the Certificates of Obligation, Series 1999, 2.03032 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred thirty -six thousand, ' one hundred ninety -two dollars and fifty cents ($136,192.50) on the Certificates of Obligation, Series 2000, 2.21721 cents on each one hundred dollars ($100) valuation of property. 1 For the purpose of paying interest and principal of Seven hundred seventeen thousand, five hundred thirty-eight dollars and seventy-six cents ($717,538.76) on the Certificates of Obligation, Series 2002, 11.68152 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 2004 taxable year, and the amounts collected shall be deposited in the Depository of the City of Nederland, 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 23" DAY OF AUGUST, A.D., 2004. R.A. WugeniMayor City of Nederland, Texas ATTEST: '4 11-1 .- LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Ric ity Attorney City of Nederland, Texas r� 195 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. September 13, 2004 1. MEETING The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Rogers and seconded by Councilmember Radcliff to approve the minutes of the August 23, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. PRESENTATION Floyd and Gene Jiminez, Crowley, TX, formerly of Nederland and members of ' the Texas Vietnam Veterans, presented a plaque to the City depicting the names of Nederland residents who were killed in the line of duty during the Vietnam War. The plaque is made from rubbings off the Vietnam War Memorial in Fort Worth, Texas. Mayor Nugent thanked them for their donation and feels the individuals who sacrificed their lives in defense of our country should be memorialized. 4. UTILITIES Don Pumphrey, Entergy, Inc., stated that Entergy's rates have not increased since 1991. The only increases have been with fuel costs which have been passed through to customers. The rate increase is being proposed in order to recoup some of the expenses associated with recent system upgrades. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Radcliff to approve Resolution 2004 -08, authorizing participation with other Entergy service area cities in matters by Entergy at the Public Utility Commission of Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. D Minutes continued, September 13, 2004 5. SANITARY SEWER EVALUATION SURVEY A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to accept Years 4 & 5 collection system improvements constructed by Brystar Contracting, Inc. and authorizing release of retainage. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 6. BIDS /PROPOSALS A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to authorize the advertisement of bids for Year 1 sewer line replacement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. ORDINANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve Ordinance No. 2004 -10, parks regulations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 8. PROPERTY A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to rescind Easement Agreements with the following seven property owners, and to approve an Easement Agreement dated September 13, 2004 with each of the seven: Calvin J. and Jennie L. Breaux; Dale A. Breaux and Calvin J. Breaux, Jr.; George C. and Marian K. Peterman; Anthony P. and Shanna L. Ferro; Blair Investments, L.P.; Kenneth E. and Nancy L. Wines; and Texas State Bank. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 9. APPOINTMENTS A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to appoint Billy Neal as the Ward II representative to the Nederland Economic Development Corporation Board of Directors to fill an expired term; and, reappoint Paul Baker and Nicholas Phillips to another term on the NEDC Board of Directors. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 193 Minutes continued, September 13, 2004 10. CONTRACTS /AGREEMENTS A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve a Collective Bargaining Agreement with the International Association of Fire Fighters Local 3339. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to approve a Collective Bargaining Agreement with the Nederland Police Officers' Association. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 11. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve payments to Excavators & Constructors, Inc. as follows: $192,622.82, drainage improvements, Area 3; and, $16,617.54, drainage improvements, Area 3. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve payments to Britestar Contracting, Inc. as follows: $14,962.50, wastewater collection system improvements, Year 4 & 5; and, $109,192.52, wastewater collection system improvements, Year 4 & 5, final. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to approve payments to Schaumburg & Polk, Inc. as follows: $3,254.70, 2002 -2003 collection system rehabilitation; and, $9,880.00, 2005 collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer. Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to authorize payment of the bills for the month of August. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 12. EXECUTIVE SESSION The regular meeting was recessed at 3:44 p.m. by Mayor Nugent 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, Inc. and Entergy Minutes continued, Septembe 13, 2004 Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of ' the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney. 13. RECONVENE The regular meeting was reconvened at 4:17 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 14. NEDERLAND VOLUNTEER FIRE DEPARTMENT, INC. Richard Hughes, City Attorney, addressed the Council relative to the bank account that was opened by Fire Chief Lovelady. The account was opened under the Volunteer Fire Departments name and tax identification number in order to seek donations to be used to refurbish the "Command Van" that was donated by Goldstar EMS. The Volunteers have publicly noted that they had no knowledge of the account and did not authorize this account to be opened. Chief Lovelady maintains that he had obtained verbal approval from the former president of the Volunteers to open the account for donations. The Volunteers felt this account would jeopardize their 501(3)c non - profit status and requested that it be closed immediately. Mr. Hughes met with the Keith Stanley, legal counsel for the Volunteers, and Bob Brammer, and independent CPA regarding the account. Mr. Brammer indicated that the account should not present a ' problem with their non - profit status and that the City could give the funds to the Volunteers. Mr. Hughes added that the Volunteers stated that they would take over the account but that they did not want to be involved with the Command Van project. The City Attorney recommends that the City close the account and place the funds in a separate City of Nederland account and notify all the donors asking them if they would be willing to have their donation be to the City instead of the Volunteers, or if they would prefer a refund. All funds will be used for the Comman Van project. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern sawyer to close the Nederland Volunteer Fire Department, Inc. "Command Van Account" #795 - 0165162 and to transfer the funds into a separate City of Nederland account; and, to notify all donors in writing regarding their donation being made to the City or refund the donation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that City staff met with representatives of TxDOT and the contractor on the Boston Avenue rehabilitation regarding excess funds. It was suggested that the sidewalks be bricked if enough funds are available. The contractor will be providing an estimate of the cost. If funds are available then a meeting will be held with all the merchants to obtain their thoughts on the sidewalk upgrade. 40 () Minutes continued, September 13, 2004 16. ADJOURN There being no further business, a motion was made by Mayor Nugent and ' seconded by Councilmember Radcliff to adjourn the meeting at 4:32 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers. Noes: None. Absent: Councilmember Neal. ATTEST: R. A. Nugent, yor City of Nederldfid, Texas A, VatiM(3 L�1(, LaDonna Floyd, City Crerl' City of Nederland, Texas 1 U 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X R Jl , "a� - R. A. Nuge Mayor ' LaDonna Floyd, City Clerk September 13, 2004 Date 204 CITY OF NEDERLAND RESOLUTION NO. 2004-08 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, AUTHORIZING SUSPENDING FOR NINETY DAYS THE EFFECTIVE DATE FOR THE ADOPTION OF RATES FOR ENTERGY GULF STATES, INC.; AUTHORIZING PARTICIPATION WITH OTHER ENTERGY GULF STATES, INC. SERVICE AREA CITIES IN PROCEEDINGS BEFORE THE PUBLIC UTILITY COMMISISON OF TEXAS IN THESE MATTERS; AUTHORIZING THE HIRING OF ATTORNEYS AND RATE CONSULTANTS, AND FINDING THAT THIS RESOLUTION COMPLIES WITH THE TEXAS OPEN MEETINGS ACT AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 25, 2004 Entergy Gulf States, Inc. filed with the City a Statement of Intent to increase base rates including proposed surcharges on a system wide basis by $68 million annually; WHEREAS, Entergy Gulf States, Inc. has established an effective date of September 29, 2004 for the rate increase request; WHEREAS, the City as the regulatory authority with exclusive original jurisdiction over Entergy Gulf States, Inc.'s rates, operations and services pursuant to TEx. Um- CODE §33.001; 1 WHEREAS, contemporaneous with the filing in the City, Entergy Gulf States, Inc. has filed the same filing with the Public Utility Commission of Texas; ' 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. UT(4 CODE §33.025; WHEREAS, cities are entitled to reimbursement of their reasonable rate case expenses for participating in or conducting a ratemaking proceeding and may engage attorneys, rate consultants, auditors and engineers to conduct investigations, present evidence and advise and assist the City in an electric utility ratemaking proceeding before the governing body, a regulatory authority or a court pursuant to TEx. UTtc.. CODE §33.023; WHEREAS, in order for the City to properly exercise its responsibilities as a local regulatory authority and investigate and evaluate the merits of the requested increase, it is necessary to suspend the effective date for the proposed increase in rates pursuant to TEx. Um. CODE §36.108(a)(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: SECTION 1. The findings in the preamble to this Resolution are hereby approved. SECTION 2. The rates requested by Entergy Gulf States, Inc. are hereby suspended for another ninety days from the original effective date. SECTION 3. The City of Nederland shall participate with other cities in the Entergy Gulf States, Inc. service area and intervene in proceedings at the Public Utility Commission of Texas in matters related to the Company's rate increase request. ' SECTION 4. The Lawton Law Firm and the rate consultant P &L Concepts, Inc. are retained to represent the City and work with the Cities Steering Committee in this matter before the City and the related issues before the Public Utility Commission of Texas. ' SECTION 5. Cities Steering Committee shall have authority to retain other rate consultants as necessary. Cities Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Cities Steering Committee is directed to obtain reimbursement from Entergy Gulf States, Inc. of all reasonable expenses associated with participation in these proceedings. SECTION 6. This Resolution shall be effective from and after the date of its passage. PASSED by tAv'9 aum u-n o uA vote of the City Council of the City of Nederland, Texas, this the L- day of �S#i al�1(` 2004. R. A. Nu ent, yor ATTEST: onna Floyd, City Clerk APPROVED AS TO FORM: I- 2==1- Z& Richard Hughes, CityzAttorney 203 '?(:14 CITY OF NEDERLAND ' ORDINANCE NO. 2004 -10 AN ORDINANCE REGULATING THE USE OF AND BEHAVIOR IN PARKS AND RELATED FACILITIES WITHIN THE CITY OF NEDERLAND; PROVIDING FOR HOURS OF OPERATION, TRAFFIC AND PARKING REGULATIONS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE PROVIDING FOR SERVERABILITY; AND REPEALING ALL SECTIONS OF ANY AND ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, the City Council of the City of Nederland, Texas desires to establish regulations for governing parks and related facilities within the City of Nederland and provides a penalty for violation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That Chapter 76, of the Code of Ordinances, City of Nederland, Texas, is amended by deleting Sec. 76 -2 in its entirety. SECTION 2: That Chapter 76, of the Code of Ordinances, City of Nederland, Texas is hereby amended by adding new sections, to be numbered 76 -2 through 76 -30, are to read as follows: ' ARTICLE I. GENERAL Sec. 76 -2 — 76 -25. Reserved ARTICLE 11. PARK REGULATIONS Sec. 76 -26. Definitions In this Article: (1) "Enter" means to intrude any part of the body or any physical object connected with the body. (2) "Intentionally", "Knowin I ' and "Recklessly" have the meaning assigned to each term as set forth in Texas Penal Code, Section 6.03 (Culpable Mental State). (3) "Law" means the constitution or statute of this state or of the United States, a written opinion of a court of record, or a municipal ordinance. (4) "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway. (5) "Motorized vehicle" means a device, not defined as a motor vehicle by State statute, that is propelled by any motor such as, but not limited to, motor scooters, quad - wheeled cycles, dirt bikes, etc. ' (6) "Notice" means: (a) oral or written notice by the City or someone with apparent authority to act for the City; or (b) a sign or signs posted in the park or at the entrance to any building or facility, reasonably likely to come to the attention of a person, indicating the hours that the park is closed to the public. 1, ' (7) "Park" or "City park" means any property owned and /or leased by the City of Nederland, which is designated for recreational purpose, or public property used by the City for recreational purposes, including all parks in the City of Nederland as named: C. Doornbos Heritage Park, Rienstra Family Park, Tex Ritter Historical Park, Homer Nagel Neighborhood Park, Carl "Cropo" LeBlanc Neighborhood Park and South 5th Street Neighborhood Park. (S) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12 Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law. (9) "Possess" means actual care, custody control, or management. (10) "Sins " means any authorized posting, as determined by the City Council and /or the City Manager or his /her designee, within or near any City park or property adjacent to any City park. (11) "Swimming Facility" means any property owned and /or leased by the City of Nederland, which is designated for aquatic recreational purpose, or public property used by the City for aquatic recreational purpose. (12) "Walking path" means any footpath or sidewalk constructed of concrete or other materials located within any City park. Sec. 76 -27. Use of City parks (A). Hours of Operation: (1) All City parks shall be closed to the public from 11:00 p.m. to 5:00 a.m. each day of the week. (2) Except for unusual circumstances or unforeseen emergencies as determined by City Supervisory Personnel, all City parks shall be open to the public from 5:00 a.m. to 11:00 p.m. each day of the week. (3) The operational hours for the swimming facility, the Recreation Building, and other indoor recreational facilities shall be governed by other ordinances as currently enacted or as subsequently amended. (4) Parking of a motor vehicle in any City park is prohibited between the hours of 11:00 p.m. and 5:00 a.m., unless the person who has the motor vehicle is exempted from the closing time under this ordinance. Access to the parking lots by way of street or roadway shall be closed from 11:00 p.m. to 5:00 a.m. each day. Any City sponsored, hosted or approved community event, athletic event, league or tournament program may be exempted from park closing time by prior approval of the City Manager or his /her designee. (5) Security gates or barricades may be provided at any City park entrance for the purpose of closing and securing a park as deemed necessary by the City Council and /or the City Manager or his /her designee. (6) Signs may be posted within or near any City park to provide notice to patrons ' of the park hours, codes of conduct, speed limits, facility use and other miscellaneous matters as deemed necessary and appropriate by the City Council and /or the City Manager or his /her designee. (B). Facility use and reservations: I (1) Outdoor park facilities, i.e. pavilions, sundecks, and covered picnic tables policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling. (b)AII outdoor structures are available for reservation on a first -come, first - serve basis according to application and deposit. The deposit shall be $50.00 as established in Ordinance No. 2001 -06 and as subsequently amended. (c) All reservation requests must be made in person at the Parks and Recreation Department office during regular office hours (8:00 a.m. until 5:00 p.m., Monday through Friday). (d) Reservations will be accepted from adults only. Adult shall be defined as any individual eighteen (18) years of age or older with valid identification. (e) Reservations shall not exceed four (4) hours in length. (f) Reservation may not be made more than one hundred twenty (120) days in advance of the date and time requested. (g) Decorations shall not be stapled or tacked to any park facility or structure. Any decoration that may stain or otherwise damage park facilities or ' structures shall not be permitted. (h) Prior written approval shall be obtained from the Parks and Recreation Department for any special decorations which shall include, but not be limited to, the following: any inflatable apparatus, tents, awnings, large banners or signs, etc. (i) No person using the outdoor park facilities shall solicit or charge money or receive compensation of any kind from any person in the course of using the City parks facility, except as authorized by the City Manager or his /her designee for City sponsored events. (j) The Parks and Recreation Department, stating the time, date and any other pertinent information concerning the exclusive use of any City park facility, will issue a permit contingent upon satisfactory conformance to the provisions of this Ordinance. (k) The person whose signature appears on the application, or their representative, shall be responsible for all participants using the reserved facilities. (1) If no reservations for exclusive use are made for City parks facilities, then all are available on a first -come first -serve basis. (2) Tennis court policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, I league or tournament program will have priority in matters of scheduling. (b) The tennis courts are available on a first -come, first -serve basis. (c) The courts will open for play at 5:00 a.m. 2 t3'i ' (d) All games must be completed ten (10) minutes prior to park closing time. (3) Basketball court regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament program will have priority in matters of scheduling. (b) The basketball courts are available on a first -come, first -serve basis. (c) The courts will open for play at 7:00 a.m. (d) All games must be completed ten (10) minutes prior to park closing time. (4) Sand volleyball court policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling. (b) The sand volley courts are available on a first -come, first -serve basis. (c) The courts will open for play at 7:00 a.m. (d) All games must be completed ten (10) minutes prior to park closing time. (e) The courts are designated for sand volleyball and badminton games. No other activities will be allowed. ' (5) Soccer /athletic field policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling. (b) The soccer /athletic fields are available on a first -come, first -serve basis. (c) The fields will open for play at 7:00 a.m. (d) All games must be completed ten (10) minutes prior to park closing time. (6) Softball field policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling. (b) The softball fields are available on a first -come, first -serve basis. (c) The fields will open for play at 7:00 a.m. However, no entry will be allowed if gates are locked. (d) All games must be completed ten (10) minutes prior to park closing time. (7) Horseshoe pits regulations: (a) Any City sponsored, hosted or approved community event, athletic event, ' league or tournament will have priority in matters of scheduling. (b) The horseshoe pits are available on a first come, first serve basis. (c) The horseshoe pits are designed for horseshoe or washer pitching games. No other activities will be allowed. 4 ? t , '-" (d) The pit will open for play at 7:00 a.m. ' (e) All games must be completed ten (10) minutes prior to park closing time. (8) Playground equipment: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling conflict. (b) All playground equipment is designed for casual recreation by children and is to be used accordingly on a first -come, first serve basis. (c) Playground equipment is available for use from 7:00 a.m. until ten (10) minutes prior to park closing time. (9) The Recreation Building and swimming facility are governed by other ordinances as currently enacted or as subsequently amended. (C). Enforcement: (1) All Parks and Recreation Department employees and peace officers of the City acting in the scope of their employment shall, have the authority to enforce the provisions of this Ordinance. (2) All Parks and Recreation Department employees shall have the authority to ' eject, from any City park, any person acting in violation of this Ordinance. (3) Compliance with all laws, ordinances, rules and regulations is a condition of the use of any City park or facility. Sec. 76 -28 Unlawful Conduct In City Parks Behavior — A person commits an offense it in a City park, the person intentionally, knowingly, recklessly: (1) Possesses or consumes an alcoholic beverage; (2) Builds or attempts to build a fire, except for a fire used for cooking in a pit, grill or other container manufactured for cooking with open flames; (3) Swims, wades, or otherwise enters in or upon any body of water, other than a swimming facility; (4) Rides, drives, or uses a bicycle, skateboard, scooter, rollerblades or skates, or any other motor or motorized vehicle on any walking path; (5) Possess a dog or other domesticated animal that is unleashed or on a leash of insufficient strength to restrain the animal; (6) Fails to deposit in a receptacle or container provided by the City for waste disposal any defecation from a dog or any domesticated animal in his /her possession; ' (7) Interferes with, disrupts or prevents the orderly conduct of any City sponsored, hosted or approved community event, athletic event, league or tournament program; ' (S) Disregards, fails to observe, or otherwise violates any prohibition or direction appearing upon any sign in a City park; (9) Enters or remains in a City park when the park is closed to the public and the person had notice that the park was closed to the public or received notice to depart but failed to do so; or (10)Remains in a City park after being ordered to depart by a Parks and Recreation Department employee or peace officer of the City acting in the scope of their employment, when the person has interfered with, disrupted, or prevented the orderly conduct of any City sponsored, hosted or approved community athletic, league or tournament event, or has violated any state or federal law, or any City ordinance, while in the park; (B). Treatment of park property — A person commits an offense, if in a City park, the person intentionally, knowingly or recklessly: (1) Marks, defaces, disfigures, injures, tampers with, displaces or removes any building, structure, monument, fountain, wall, fence, bridge, railing, vehicle, paving, bench, sign or other property or material located in any park; (2) Cuts, breaks, defaces or in any way injures the trees, shrubs, plants, grass or turf within any park; or (3) Fishes from any structure, gazebo, pavilion, sundeck, table, bridge or railing adjacent to the pond at Doornbos Park. Otherwise, fishing is allowed under Texas State Parks & Wildlife Department law and regulations; ' (C). Treatment of animals — A person commits an offense, if in a City park, the person intentionally, knowingly or recklessly: (1) Abandons, leaves unattended, or deserts any animal, waterfowl or bird in any park; (2) Rides any cow, horse, mule, fowl or domesticated animal in any park; (3) Tethers or pastures, or allows or causes to be tethered or pastured any cow, horse, mule, fowl or domesticated animal in or upon any park; or (4) Uses a cast net for fishing purposes. (D). Littering and dumping — A person commits an offense, if in a City park, the person intentionally, knowingly or recklessly: (1) Deposits paper, glass, broken glass, metal, litter, cigarette or cigar butts, or trash of any description in park property in any place, other than in receptacles or containers provided by the City for waste disposal; (2) Uses any park property as a dumping site for any bottle, broken glass, ashes, paper boxes, cans, dirt, grass, weeds, branches, rubbish, waste, garbage, refuse, litter or trash of any other description brought into any park property for the primary purpose of dumping, depositing, leaving, unloading, discharging, or disposing of such items. ' (3) Throws, discharges or otherwise places or causes to be placed in the waters of any Swimming Facility, pond, storm sewer, ditch or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the water, or dumps, deposits or leaves any bottle, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, 4-1 i ) refuse, litter or trash of any other description in any such waters of any City I park. (E). Traffic and parking regulations — A person commits an offense, if in a City park, the person intentionally, knowingly or recklessly: (1) Operates or drives any motor or motorized vehicle at a speed in excess of 10 miles per hour; (2) Fails to observe any traffic sign indicating speed, direction, caution, stopping or parking and any other sign posted for proper control and to safeguard life and property; (3) Fails to obey any peace officer or City employee authorized to direct parking in the park. (4) Parks a motor or motorized vehicle in other than a designated parking area, or contrary to the direction signs, or contrary to the verbal instructions of any City employee; (5) Double -parks a motor or motorized vehicle on or adjacent to any roadway or parking area unless directed by City employees or parks any motor vehicle in a manner that blocks any roadway or walkway within a park; (6) Drives or operates a motor or motorized, vehicle on any area outside a paved road or parking area or in any area where a "No traffic' sign has been posted, unless authorized by Parks and Recreation Department personnel; ' or (7) Leaves unattended, neglects or abandons a motorized vehicle in any City park, when the park is closed to the public, unless prior authorization from Parks and Recreation Department personnel has been given. Sec. 76 -29. Defenses /exceptions It is a defense to prosecution under Sec. 76 -28 that the person is: (1) a peace officer or fireman performing a duty or exercising authority approved or granted by law; (2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons, while the person is performing that duty; or (3) an employee of the City, or a maintenance, vending or delivery contractor, while the person is performing lawful business for and in accordance with the instructions of the City. Sec. 76 -30. Violation and penalties (1) Any person who shall violate any provision of Sec. 76- 27(B), Sec. 72- 27(C), Sec. 76- 27(D), Sec. 76 -27(E) or Sec. 76 -27(F) shall be guilty of a misdemeanor. ' (2) Each person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of the referred sections is committed or continued, and upon conviction of such violations shall be punished as provided in Section 1 -4 of the Code of Ordinances, City of Nederland, Texas. ' SECTION 3. That Ordinance No.107 of the City of Nederland which deals with parking a motor vehicle operations in park grounds, and all other ordinances or parts of ordinances in conflict herein are repealed when this Ordinance becomes effective; provided, nothing in this repeal provision shall modify any provision in Ordinance No. 2001 -06 and if this Ordinance and Ordinance No. 2001 -06 are in direct conflict, the provisions of Ordinance 2001 -06 shall prevail. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as requested by law; and this Ordinance shall take effect and be in force from and offer its passage and publication of the caption of this Ordinance. PASSED AND APPROVED this 13 day of �j�" , 2004. R. A. Nugent, ayor City of Nederl nd, Texas IATTEST: LaDonna Floyd, City CI rk APPROVED AS TO FORM AND LEGALITY Richard D. ugh es, ity Attorney 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. September 27, 2004 MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Tern Sawyer and seconded by Councilmember Neal to approve the minutes of the September 13, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. PROCLAMATION Mayor Nugent presented a proclamation to Mike Lovelady, Fire Chief, declaring I October 3 -9, 2004 as "Fire Prevention Week" in Nederland. Chief Lovelady thanked the Mayor and Council for their continued support. A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to approve a proclamation declaring October 3 -9, 2003 as "Fire Prevention Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 4. STREET AND SIDEWALKS A motion was made by Councilmember Sawyer and seconded by Councilmember Rogers to authorize the closure of 14th Street, from Boston Avenue to Chicago Avenue, on October 5, 2004, from 5:00 p.m. -9:00 p.m. for Fire Prevention Week activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to authorize the closure of 13th Street from Atlanta Avenue to Nederland Avenue, on October 23, 2004, from 7:00 a.m. -5:00 p.m. for First United Methodist Church Harvest Festival activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. Minutes continued, September 27, 2004 5. DONATION A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to accept a 1996 Ford Aerotech from Gold Star EMS. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 6. RESOLUTIONS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve Resolution 2004 -09, adopting the Southeast Texas Regional Hazard Mitigation Plan for Jefferson County as the official Plan of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve Resolution 2004 -10, authorizing the submission of a Texas Community Development Program Application to the Office of Rural Community Affairs for the community development project fund. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. POLICIES /PROCEDURES Andre' Wimer, City Manager, stated that an annual review of the City's Investment Policy is required by State statute. He added that Cheryl Dowden, Director of Finance, has indicated that there are no proposed modifications to the Policy. The existing Investment Policy will remain effective. 8. BUDGET A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to approve amendments to the FY 2003 -2004 budget (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve Ordinance No. 2004 -12, amending the FY 2003 -2004 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 14 Minutes continued, September 27, 2004 A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve Ordinance No. 2004 -13, declaring certain utility accounts as uncollectible. MOTION CARRIED. , Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 9. STREETS AND SIDEWALKS A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to authorize the installation of a street light at 823 Boston Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 10. REQUEST A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve a request from the Nederland Little Dribblers to utilize the Nederland Recreation Center gym and to waive rental fees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 11. PAYMENTS I A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve a payment to d.p. Consulting Engineers, Inc. in the amount of $1,035.00, upper Main "C' drainage improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 12. EXECUTIVE SESSION The regular meeting was recessed at 6:35 p.m. by Mayor Nugent 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, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney. 13. RECONVENE The regular meeting was reconvened at 7:43 p.m. by Mayor Nugent. Minutes continued, September 27, 2004 Richard Hughes, City Attorney, recommended to the Council that the City of Nederland participate with the Cities of Port Neches and Groves in the appeal of the Texas Gas Service Company rate case. He added that Port Neches City Attorney Harry Wright has agreed to represent all three cities in the appeal. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to participate in the appeal of the rate case of Texas Gas Service Company as recommended by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 14. NEDERLAND VOLUNTEER FIRE DEPARTMENT, INC. Richard Hughes, City Attorney, reported that the action taken at the September 13, 2004, meeting regarding the bank account has progressed and letters will be sent to all donors regarding their donation. He recommended that the Command Van project be halted until we received the final total of funds available. 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that there does appear to be funds remaining from the Boston Avenue project and we are waiting for TxDOT to give an exact amount. Once the final figures are determined we will be able to make a decision on the proposed sidewalk project. Mr. Wimer also reported that he and Steve Hamilton met with representatives of Drainage District No. 7 to discuss upcoming projects for the Main "B" canal in Nederland. The installation of an additional box culvert at the Avenue H crossing is scheduled for Summer 2005. Widening and /or deepening work between Avenue H and Twin City Highway is scheduled for FY 05 -06. For this project, it is likely that the City will be required to lower and /or relocate sewer and water lines. Lastly, Mr. Wimer reported that staff met with the City of Pearland regarding the proposed meter replacement program and their experience with this type of system. We are waiting on a more detailed cost estimate regarding this project. With the more accurate readings the City should be able to recoup some of the initial costs fairly quickly. 16. ADJOURN There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Radcliff to adjourn the meeting at 7:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. AAA R. A. Nugent, ptfll9Pf'!ngnrry ATTEST: J LaDonna Floyd, City Clerk �1J oi6 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward 11 X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X 5rayor ° AOLV "mac - LaDonna Floyd, City Clerk September 27, 2004 Date 1 1 CITY OF NEDERLAND RESOLUTION NO. 2004-09 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, ADOPTING THE SOUTHEAST TEXAS REGIONAL HAZARD MITIGATION PLAN FOR JEFFERSON COUNTY, TEXAS AS THE OFFICIAL PLAN OF THE CITY OF NEDERLAND, TEXAS. WHEREAS, the City of Nederland and Jefferson County have experienced severe damage from hurricanes, flooding, wildfires, and tornadoes on many occasions in the past century, resulting in property loss, loss of life, economic hardship, and threats to public health and safety; WHEREAS, a Southeast Texas Regional Hazard Mitigation Plan for Jefferson County (the Plan) has been developed after more than one year of research and work by the City of Nederland Office of Emergency Management and the Jefferson County Office of Emergency Management; WHEREAS, the Plan recommends many hazard mitigation actions that will protect the people and property affected by the natural hazards that face the City of Nederland and Jefferson County; WHEREAS, a public meeting was held to review the Plan as required by law. ' NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Nederland that: The Southeast Texas Regional Hazard Mitigation Plan for Jefferson County is hereby adopted as the official Plan of the City of Nederland. PASSED and APPROVED by the City Council of the City of Nederland the �Z) day of —2004. R. . Nugent ayor ATTEST: t�ci+nn� oa(� LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, C4 Attorney C) 218 CITY OF NEDERLAND RESOLUTION NO. 2004-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF , NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE OFFICE OF RURAL 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 expending 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 2005/2006 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 Office of Rural 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 $250,000.00 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 $52,000.00 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. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 27' day of September, 2004. �r R. A. Nug mayor City of N erland, Texas ATTEST: q LaDonna Floyd, City Clerk City of Nederland, Texas AP OVED FORM A LEGALITY: Richard ugh s, City A City of Nederland, Texas U 1 2003 -2004 BUDGET AMENDMENT REQUEST No. 1 Fund: General Department: 01 31 -00 Street Department Increase the following account(s): Amount 01 31 -00 6220 Miscellaneous Supplies 0131-00 6730 Street Improvements 0131-00 6747 Radio & Radar Equipment Sub — total Decrease the following account(s) 01 31 -00 6246 Street & Bridge Supplies Sub — total Justification for amendment with course of action if not approved: Most line items are for adjustment to actual expenditures. Dep en Head Requesting Amendment: Date Fynds Available: �1 v)4- 9 -21 -ay City Tre urer Date $250.00 $25,000.00 $250.00 $25,500.00 Amount $25,500.00 ✓ $25,500.00 Approved: 4 City Manager ale Approved by Council: al 4 Date Fund Water & Sewer BUDGET AMENDMENT REQUEST Department Billing /Collections Increase the following account(s): Amount 50 -61 -00 -6393 Contractual Services 89,000 Decrease the following account(s): 50 -61 -00 -6110 Salaries & Wages 50 -61 -00 -6113 Longevity 50 -61 -00 -6115 Extra Help 50 -61 -00 -6121 Group Insurance 50 -61 -00 -6124 TMRS 50 -61 -00 -6126 Social Security Amount 62,010 1,140 6,000 5,700 8,950 5,200 Justification for amendment with course of action if amendment is not approved: Utilitzing contract meter reading services from November through September Department Head Requesting Amendment Date Funds Available: Directoi of Finance Date Approved: City Manager Date T7 Approved by Council: Date 1 1 1 ,11 4 2003 -2004 BUDGET AMENDMENT REQUEST No. 1 Fund : Water & Sewer Department: 50 63 -00 W & S Distribution Increase the following account(s): Amount 5063-00 6111 Overtime $20,000.00 5063 -00 6116 Certification Pay $1,000.00 5063-00 6222 Motor Vehicle Fuel $6,000.00 Sub — total $27,000.00 Decrease the following account(s) Amount 5063-00 6247 Water & Sewer Mains $18,000.00 5063-00 6755 Water Distribution Lines $7,000.00 5063-00 6760 Water Taps $1,000.00 5063 -00 6761 Sewer Taps $1,000.00 Sub — total $27,000.00 Justification for amendment with course of action if not approved: Most line items are for adjustment to actual expenditures. Depa mn t- e d. LRequesting Amendment: Approved: Date City Manager D / Funds Available: Approved by Council: 4y""Treds Q /arc 9 1 -o S� Gl -� 9- OV urer Date Date ORDINANCE NO. 2004-12 AN ORDINANCE AMENDING THE 2003 -04 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2003 -05 which adopted the 2003 -04 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to increase revenues and expenditures as set out in Attachment "A" and Attachment "B" attached hereto; and, WHEREAS, the 2003 -04 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2003, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2003 and ending September 30, 2004, 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 2003 -04 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 as set forth in Ordinance 2003 -05 adopting the budget for 2003- 04; and, WHEREAS, the City Council finds that the budget for 2003 -04 fiscal year should also be I amended for unanticipated revenues received and additional expenditures for specific purposes as set out in Attachment `B." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for 2003 -04 fiscal year is amended to allow for increases in revenues and expenditures as set out in Attachment "A" and Attachment `B." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT, this being an ordinance not requiring publication, it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 27h DAY OF SEPTEMBER, A.D., 2004. R. A. Nugent, yor City of Nederla dd, Texas IATTEST: Q LaDonna Floyd, City C erk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 1 223 BUDGET ORDINANCE AMENDMENT — ATTACHMENT A GENERAL FUND 1 Amend General Fund by appropriating unencumbered funds remaining at September 30, 2003 in the amount of $81,100 and increase line items as detailed below: Increase 01 -13 -00 -6393 Contractual Services $ 9,600 Additional funds required for consultant to perform GASB calculations necessary to comply with Generally Accepted Accounting Principles. Increase 01 -22 -00 -6744 Miscellaneous Equipment $ 7,000 Additional funds required for City's 10% matching funds as a requirement of Assistance to Firefighters Grant Program. Grant funds were used to purchase a vehicle exhaust system, radios, breathing air compressor, and accountability system. Increase 01 -90 -00 -6315 Computer System $20,000 Additional funds required due to conversion and training of police software upgrade which began in prior fiscal year. Additional funds needed for contract computer services required to repair and rebuild computer system due to virus attacks. Increase 01 -90 -00 -6326 Retiree Insurance $ 4,500 Additional funds required due to unanticipated insurance premium increase. Increase 01 -90 -00 -6406 Contingency $40,000 Additional funds required for fire station foundation repair, stormwater permitting and Boston Avenue TXDOT matching funds WATER & SEWER FUND , Amend Water and Sewer Fund by appropriating unencumbered funds remaining at September 30, 2003 in the amount of $22,000 and increase line item as detailed below: Increase 50 -60 -00 -6256 Chemicals & Insecticides $22,000 Increase Water & Sewer Fund Budget due to additional coaguIant purchased to treat exceptionally poor quality raw water. 1 IBUDGET ORDINANCE AMENDMENT — ATTACHMENT B GENERAL FUND Amend as follows: Increase 01 -00 -00 -4355 State Grant Funds $115,656 Increase 01 -90-00 -6406 Contingency $115,656 Boston Avenue TXDOT grant for tree grates, benches and lights. Increase 01 -00 -00 -4350 Federal Grant Funds $220,682 Increase 01 -22 -00 -6265 Supplies/MinorTools &Equipment $119,131 Increase 01 -22 -00 -6744 Miscellaneous Equipment $101,551 Fire Department grants: 2003 Assistance to Firefighters Grant Program for purchase of fire station exhaust system, portable radios, breathing air compressor system, breathing air cylinders and accountability/ID system. 2003 TEEX Grant for purchase of various types of Homeland Security related equipment. n 1 22G ORDINANCE NO. 2004-13 ' AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $25,999.34 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9 -30.04 IN THE CITY OF NEDERLAND. WHEREAS, Generally Accepted Accounting Practices require that uncollectible accounts receivable be written off to reflect accurate revenues; and, WHEREAS, Based on auditor recommendations it is desirable to present uncollectible accounts to be charged off, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The City of Nederland's book of accounts of the Water Billing/Collecting Department are hereby corrected to reflect the following charge -offs for fiscal year 2003 -04 in the amount of $25,999.34 as set forth in Attachment "A." Section 2. Charge -offs affected by this Ordinance are for accounting purposes only and are not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no way be construed to waive or discharge or dispense with the continued application of Section 106 -32 of the Code of Ordinances concerning the accounts hereby affected. , THAT this being an ordinance not requiring publication, it shall be effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 27nd day of September, A.D., 2004. R. A. Kgent ayor City of Nederland, Texas ATTEST: rxjt • Q_ 2iL ,Al LaDonna Floy^ d, City Cl rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hugh s, Cit 1ttomey ' City of Nederland, Texas 1 C ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2003 -2004 01 -0040 -01 555.47 01- 0060 -03 36.29 01- 0160 -00 47.53 02- 0010 -09 45.76 02- 0070 -03 408.85 02 -0190 -00 84.81 02- 0210 -06 78.55 02 -0360 -06 157.63 02- 0430 -05 100.54 02- 1070 -08 68.25 02- 1530 -00 11.77 02- 1660 -02 134.72 02- 1850 -01 118.35 02- 1950 -02 76.42 02- 2100 -03 11.98 02- 2220 -01 47.99 02- 2220 -02 108.60 02- 2500 -00 44.21 03- 0060 -04 93.23 03- 0360 -03 126.41 03- 0470 -02 26.18 03- 1810 -03 34.55 04-0250 -06 54.34 04- 0350 -02 202.26 04- 1590 -00 116.34 04- 1620 -09 53.64 04- 1680 -10 60.10 04- 1710 -07 55.76 04- 1850 -03 47.11 04- 3020 -06 250.36 044180 -00 43.91 044500 -03 48.00 05 -0170 -00 17.01 05- 0250 -06 46.18 05 -0300 -03 269.54 05-0420 -00 384.55 05- 0420 -01 18.47 05- 1220 -01 92.54 05- 1380 -01 20.39 05- 1510 -02 77.01 05- 1620 -01 58.47 05- 1640 -03 263.02 05- 1870 -03 15.40 05- 3280 -02 46.77 05- 3330 -01 108.78 05- 3360 -06 53.82 05- 3470 -03 48.08 05- 3570 -09 118.28 05- 3570 -11 51.05 05- 3670 -05 22.77 05- 3932 -00 98.93 05- 3950 -07 134.83 05- 4030 -01 83.79 054050 -00 637.38 05- 4070 -08 232.09 05- 4130 -00 92.22 054160 -04 54.64 054223 -06 18.72 06-0030 -01 307.88 06 -0160 -02 461.29 06 -0580 -02 86.15 06- 0640 -00 360.14 2?7 4 .`) 06- 1040 -00 117.47 06- 1090 -04 246.67 ' 06- 1100 -11 22.09 06- 1100 -12 145.34 06- 1180 -03 195.32 06- 1270 -06 125.20 06- 1290 -07 249.34 06- 1390 -08 319.21 06- 1590 -04 345.28 06- 2220 -07 14.43 06- 2720 -09 93.31 07- 0100 -05 21.37 07- 0470 -05 51.04 07- 0600 -01 169.15 07- 0740 -03 92.55 07- 0790 -04 162.08 08- 0055 -01 46.85 08- 0060 -01 16.50 08- 1080 -06 33.88 08- 1360 -01 15.41 08- 1770 -01 16.21 08- 2150 -06 23.45 08- 2160 -00 729.94 08- 2730 -01 76.33 08- 2772 -05 89.20 09- 0070-02 16.98 09- 0090-07 57.33 09- 0140 -05 85.52 09- 0970-05 74.57 09- 1090 -03 11.50 09- 1150 -03 110.65 09- 1190 -02 40.68 ' 09- 1190 -03 11.63 09- 2060 -00 32.11 09- 2410 -01 31.58 10- 0110 -06 347.46 ID- 0210 -03 123.97 10- 0430 -02 309.74 10- 0740 -03 38.52 10- 1040 -05 85.74 10- 1130 -06 11.88 10. 1940 -07 113.96 10- 3570 -02 355.42 10- 3640 -01 22.31 10- 3940 -08 240.71 11- 2020 -01 102.05 I1- 2810 -03 56.41 11- 3180 -01 62.60 11- 3192 -01 15.82 11- 3200 -02 286.22 11- 3206 -01 55.24 11- 3212 -02 378.37 11- 3212 -03 616.57 11- 3212 -05 37.97 12 -0320 -01 29.98 12- 0930 -02 117.28 12- 1470 -01 29.33 13- 0290 -06 67.26 13- 0290 -07 47.88 13- 0635 -00 128.18 13- 0635 -01 13- 0660 -11 54.48 23.77 13- 0670 -04 64.56 , 13- 0720 -05 23.00 13- 0943 -02 25.45 13- 1710 -01 154.00 13- 1940 -03 121.48 1 1 1 62 86 13- 2067 -02 9.94 13- 2070 -10 77.85 13- 2100 -03 38.73 13- 2150 -04 39.01 14 -0670.02 7936 14- 0680 -07 76.65 14- 1360 -03 27.05 14- 1430 -08 118.62 14- 1620 -05 166.26 14- 2080 -01 119.97 14- 2120 -02 183.43 14- 2219 -00 100.00 14- 2420 -01 85.80 15- D400 -03 58.41 15- 1590-01 32.59 15- 2370 -07 84.78 15- 2450 -01 147.11 15- 2690 -07 74.00 16- 0030 -02 23.79 16- 0110 -07 192.62 16- 0190 -07 154.23 16- 0450 -04 71.24 16. 0660 -09 50.00 16-0760 -06 275.78 16. 0850 -05 185.04 16-1340 -04 172.13 16. 1369 -05 518.73 16- 1460 -01 152.97 16- 1950 -05 33.80 16- 2090 -07 20.69 16- 2090 -11 152.36 16- 2230 -08 25.98 16-2310 -02 147.12 16- 2310 -04 129.01 16- 2400 -05 21.85 17- 0430 -04 60.17 17- 0570 -07 14.71 17- 0610 -02 204.16 17- 0790 -03 67.24 17 -0841 -03 43.91 17 -0853 -02 65.41 17 -0940 -00 64.39 17- 1020 -08 262.05 17- 1180 -03 45.36 17- 1450 -00 86.96 17- 1480 -00 29.35 17- 1490 -06 140.43 17- 1580 -06 107.89 17- 1650 -05 81.45 17- 1650 -06 233.00 17- 1800.01 211.80 17- 1840 -01 15.72 172090.01 3638 18- 0053-00 79.00 18- 1720 -01 57.97 I8- 2020 -03 94.88 18- 2240 -03 188.50 19- 2420 -00 19.41 19- 0080 -04 182.78 19- 0590 -02 61.57 19-1120-01 7433 19- 1280 -06 64.63 19- 2530 -02 153.34 19- 3280 -05 21.64 19- 3280 -06 466.08 20- 0330 -03 18.64 20- 1060 -02 230 20- 1110 -00 62.12 20- 1110.02 94.98 ' 20- 1410 -01 194.38 20- 1610 -07 15.72 20- 1660 -05 107.85 20- 1660 -06 81.27 20- 1980 -07 175.94 20- 2060 -00 499.06 20- 2080 -00 389.65 20- 2100 -00 126.37 21- 2390 -02 75.14 21- 3240 -00 47.57 22. 0070 -00 24.80 22 -0800 -02 108.85 22- 1280.01 16.21 22- 2850 -10 47.61 23- 0040 -00 90.81 23- 0890 -00 12.56 24-0263 -03 20.00 24- 0400 -01 256.62 24- 0407 -02 29.05 24-0670.02 210.22 24. 0672 -03 81.31 24-0723 -00 148.10 24- 0735 -01 41.70 24- 0780 -00 191.49 24-0840 -02 18.57 TOTAL $ 25,999.34 1 1 "I. ) .. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING October 11, 2004 The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Radcliff and seconded by Councilmember Rogers to approve the minutes of the September 27, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. PROCLAMATION Mayor Nugent presented a Proclamation to members of Alpha Delta Kappa declaring October 2004 as "Alpha Delta Kappa Month" in Nederland. Betty Miller introduced the members and thanked the Council for their support of the organization. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve a Proclamation declaring October 2004 as "Alpha Delta Kappa Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 4. PRESENTATION Wanda Hollier, Nederland Chamber of Commerce, stated that the Chamber has formed a committee regarding a proposed mural project for Boston Avenue. She added that during a Nederland Heritage Festival Promotional Tour they observed murals painted on the sides of buildings in several towns and thought this would be a good addition to the downtown area of Nederland. They have applied for a 501(3)c non - profit status in order to be able to apply for grants to assist with the costs. The committee is proposing that murals be painted depicting the history of Nederland. Mrs. Hollier said that they have received confirmation from two local artists who would be willing to do the artwork. Mayor Nugent and the Council wished them well and supported the idea of the murals. 3 -- Minutes continued, October 11, 2004 5. GRANT Andre' Wimer, City Manager, explained that a grant from the Department of ' Homeland Security will be utilized to acquire portable radios and a control console; the cost for this equipment if $94,529.71. The purchase will be made from the HGAC Motorola Radio contract, therefore, bidding will not be required. The grant pays for 100% of all costs; however, the City must make payment for the equipment which will then be reimbursed by the Federal government. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to authorize the purchase of portable radios for the Police Department, Department of Homeland Security grant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 6. PAYMENTS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve payments to Schaumburg & Polk, Inc, as follows: $290.00, 2002- 2003 collection system rehabilitation ( Year 5); and, $4,940.00, 2005 collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern ' Sawyer to approve a payment to Excavators & Constructors, Inc. in the amount of $190,070.80, drainage improvements, Area 3, Option II. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve payment of the bills for the month of September. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 7. EXECUTIVE SESSION The regular meeting was recessed at 3:20 p.m. by Mayor Nugent 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, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney. 1 Minutes continued, October 11, 2004 RECONVENE The regular meeting was reconvened at 4:46 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 9. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that we have not received a final report from TxDOT regarding the potential sidewalk project along Boston Avenue and the corrective actions concerning ADA requirements. He added that the emergency repairs of the sewer lines beneath the intersection at 27th Street and Avenue H were not as extensive as first thought. Mr. Wimer announced that we would be opening bids on Thursday for the first year sewer line project. 10. ADJOURN There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Radcliff to adjourn the meeting at 4:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City CI rk City of Nederland, Texas CN R l.Ae �,�.o ��I R. A. Nugent, or City of Nederla d, Texas �0 Lk CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch -Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco -Acting City Clerk X M7141'4�' R. A. Nugent, yor LaDonna Floyd, City Clerk October 11.2004 Date 1 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 25, 2004 MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Tern Sawyer and seconded by Councilmember Neal to approve the minutes of the October 11, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. PROCLAMATION Mayor Nugent presented a proclamation to Allison Howell, Family Services of Southeast Texas, declaring October 2004 as "Domestic Violence Awareness Month" in Nederland. Ms. Howell thanked the Council and City for their continued support. A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to approve a proclamation declaring October 2004 as "Domestic Violence Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. REQUEST Gloria Kline, 2516 Memphis Avenue, addressed the Council relative to parking problems on her street. Mrs. Kline was the spokesperson for the residents along Memphis. The field on the C.O. Wilson Middle School property is utilized by many youth athletic organizations throughout the year as a practice field. She added that parents are parking along Memphis Avenue in order to access these fields with their children. There is adequate parking at the school, but it is not being utilized because it is a closer to their street. Mrs. Kline stated that during the busiest sports months there have been as many as 40 -50 cars parked along Memphis, which creates problems for the residents. They have difficulty getting in and out of their own driveways. It also is a dangerous situation for the children who live on this street due to all the added traffic and those who use the private driveways as turn around areas. The people who park along the street also cross through private property to access the fields. She added that when all 235 I ;`s l.) Minutes continued, October 25, 2004 these cars are parked along both sides of the street it would limit emergency vehicle accessibility to their property. Mrs. Kline informed Council that the residents have contacted Gail Krohn, Nederland Independent School District Superintendent, regarding the situation and Mrs. Krohn sent a letter to the Youth Organizations that use the fields and ask that they please be considerate of the residents by using the parking lots provided at the school. They are hopeful that the letter will take care of the problem. Mrs. Kline stated that at this time they do not want to have "No Parking" signs installed on their street because that would prevent them from parking in front of their own home. The residents wanted to make the City aware of the problem and will continue to seek a solution. 5. BIDS /PROPOSALS A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to award bids received for Year 1 sewer line replacement to Brystar Contracting, Inc., Beaumont, TX, in the amount of $325,079.50. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to authorize the purchase of two (2) cars from HGAC for the Police Department in the amount of $44,861.44. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 6. RESOLUTION A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Sawyer to approve Resolution No. 2004 -11, approving the 2004 tax roll as certified by the Jefferson County Tax Office. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ORDINANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve Ordinance No. 2004 -14, amending the International Residential Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. �l 1 Minutes continued, October 25, 2004 8. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Radcliff to approve a payment to d.p. Consulting Engineers, Inc. in the amount of $1,913.00, Boston Avenue pavement rehabilitation and beautification. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 9. EXECUTIVE SESSION The regular meeting was recessed at 6:50 p.m. by Mayor Nugent 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, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney. 10. RECONVENE The regular meeting was reconvened at 7:20 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported on the status of the Boston Avenue sidewalk project stating that final estimates have not been received. 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to adjourn the meeting at 7:23 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas vl�i Z-Uaal� R. A. Nugent, ayor City of Ned and, Texas 233 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Che I Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Actinq City Clerk X R. A. Nugent, yor LaDonna Floyd, City Clerk October 25, 2004 Date 1 1 CITY OF NEDERLAND RESOLUTION NO. 2004-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2004 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, the City Council of the City of Nederland hereby approves the attached 2004 tax roll. PASSED AND APPROVED this the &Z? day of (0064( A 12004. APPROVED AS TO FORM AND LEGALITY: Richard D. Hugl s, City Attorney City of Nederland, Texas 11 R. A. qu6ent or City of Nederla d, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hugl s, City Attorney City of Nederland, Texas 11 R. A. qu6ent or City of Nederla d, Texas PAGE: 11 1 1 1 10/09/2004 07:21:06 TAX COLLECTION SYSTEM TC500 C E R T I F I E D R 0 L L J U R I S 0 I C T 1 0 N S U M M A R Y PROCESSING FOR TAX YEAR: 2004 TAX OFFICE: JEFFERSON COUNTY TAX OFFICE JURISDICTION: 31 CITY OF NEDERLAND TOTAL PARCELS: 8,570 TAX RATE:00.658903 GROSS VALUE: 677,853,310 STATE HOM: 0 OPT HOM: 0.00000 EXEMPT PARCELS: 201 STATE 065: 0 OPT 065: 15,000 EXEMPT VALUE: 35,739,370 DISABLED: 15,000 AG EXCLUSION: 38,830 AG PROPERTIES: 2 HS CAPPED CNT: 400 HS CAPPED AMT: 2,188,260 PRIM CHAR CNT: 1 PRIM CHAR VALUE: 131,970 GROSS TAXABLE: 639,754,880 STATE HOMESTEAD 4,895 HOMESTEAD AMT: 0 LOCAL HOMESTEAD 4,895 HOMESTEAD AMT: 0 OVER65 1,606 OVER 65 AMT: 0 LOCAL OVER65 1,606 OVER 65 AMT: 23,758,810 SURVIVING SPOUSE: 22 AMOUNT: 330,000 # OF DISABLED: 140 DISABLED AMT: 2,049,120 VET a $5000 37 VETERAN AMT: 180,000 VET @ $7500 9 VETERAN AMT: 67,500 VET a $10000 3 VETERAN AMT: 30,000 VET @ $12000 55 VETERAN AMT: 647,660 TOTAL VET 104 VETERAN AMT: 925,160 TOTAL PART XMP: 27,063,090 TAXABLE VALUE: 612,691,790 FROZEN ACCTS: 0 LEVY LOSS: 0.00 TOTAL LEVY: 4,037,044.78 FROZEN GROSS: 0 FROZEN TAXABLE: 0 UNFROZEN LEVY: 0.00 FROZEN LEVY: 0.00 T1F CAPTURED: 0 PAGE: 11 1 1 1 CITY OF NEDERLAND ORDINANCE NO. 2114-14 AN ORDINANCE AMENDING ORDINANCE NO. 2001 -22 AND REVISING THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF SINGLE-FAMILY AND DUPLEX INDUSTRIALIZED HOUSING IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES OR PART OF ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the 2000 Edition of the International Residential Code has been adopted and revised by City of Nederland Ordinance No. 2001 -22; WHEREAS, S.B. 1326 was adopted and approved by the State of Texas during the 2003 legislative session; and WHEREAS, S.B. 1326, as embodied in Section 1202.253(e) of the Texas Occupations Code, requires the adoption and enforcement of this act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ' CITY OF NEDERLAND, TEXAS: Section 1. Ordinance No. 2001 -22 is hereby amended to further revise the 2000 Edition of the International Residential Code to include regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of single family and duplex industrialized dwellings in the City of Nederland, by adding the following section: Section R101.2.a. Regulation of single- family and duplex industrialized dwellings. A. Single - family or duplex industrialized housing must comply with all local permit and license requirements that are applicable to other single - family or duplex dwellings. B. Any industrialized housing shall: 1. Have a value equal to or greater than the median taxable value for each single - family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for Jefferson County, 2. Comply with applicable building setbacks, side and rear yard offsets, square footage, and other site requirements applicable to single- family dwellings; 3. Be securely fixed to a permanent foundation; and 4. Have exterior siding or treatment, roofing materials, roof pitch, and foundation fascia compatible with the single family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located if 51 percent of the single family dwellings located within that 500 foot area share an architectural style encompassing the above listed exterior features. C. In this section 1. Industrialized housing has the same meaning as in Section 1202.002 of the Texas Occupations Code or as that section may be amended. 242 2. Permanent foundation means one of the following: , a. Pier and beam foundation are allowed where all footings are 24" x 24" and shall extend into undisturbed soil 12" deep. A minimum of 4 pieces of re-bar are required. Blocks used as piers will be solid or filled with concrete. A connecting strap or piece of re -bar shall extend from the footing up to the bottom of the structure. b. A combination pier and footing is allowed, but must be no less than a round column 18" in diameter and placed 24" into the soil containing 4 pieces of re-bar with stirrups. A connecting strap or piece of re -bar shall be attached to the bottom of the structure from this column. An outside perimeter beam will be required that is a minimum of 12" in width and 18" deep, 12" of which must be in undisturbed soil and 8" or more above ground. This will allow for attachment of skirting or loading of structure. If a wider beam is required to accept the weight of the structure, that will be allowed (two and three story structures require wider footings). A beam and footer design in this situation would be allowed. This perimeter beam may be extended to the bottom of the structure. An engineered pier and beam system will be accepted, but must also include the outside perimeter beam as noted above; or, c. A monolithic poured in place slab will be allowed for all industrialized housing. It shall consist of exterior beams eight inches wide and 24" thick that extend into undisturbed soil one foot. All load - bearing beams shall be eight inches wide or wider and 24" thick or thicker as required for load and soil conditions. The minimum thickness of the slab shall be five inches. This slab will extend no less than eight inches above the surrounding soil and positive drainage away from the slab shall be provided. Permanent tie down connections shall be placed in this slab to be attached to the industrialized structure; or, d. An inverted monolithic slab will be allowed using the same criteria as in Section , C.2.b. This would allow for a crawlspace under the structure. Venting of crawlspace shall be provided along with any additional provisions required by the Code. e. An inverted monolithic slab will be allowed using the same criteria as in Section C.2.b. No blocking up above the poured concrete foundation will be allowed. Minor shimming is allowable. 3. Person means an individual, partnership, association, corporation and any other entity. 4. Value means the taxable value of the industrialized housing and lot after installation of the housing. D. Any person who intends to construct, erect, install, or move any industrialized housing into the City shall fast submit all required applications to the Building Inspection Department and obtain all required permits. In addition to any other information otherwise required for the permits, a building permit application for industrialized housing shall: 1. Identify by address each single - family or duplex dwelling located within 500 feet of the lot on which the industrialized housing is to be located, and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for the county in which the industrialized housing is to be located; 2. Be accompanied by at least one photograph, with identifying address, on the front of each single family or duplex dwelling located within 500 feet of the lot on which the industrialized housing is to be located; , 3. Show proof of the value of the improved property by providing: a. A copy of the sales receipt, signed by the purchaser of the industrialized housing unit, including the value of the lot, if the lot is included in the sale; or b. A copy of the sales receipt, signed by the purchaser of the industrialized housing unit, and documentation showing the taxable value of the lot as determined by the most recent certified tax appraisal roll for the county in which the industrialized housing is to be located, if the lot is not included in sale of the housing unit or if the value of the lot is not include on the sales receipt; and, 4. State which of the permanent foundations specified in Subsection C.2. will be used for the industrialized housing to which the application applies. E. Failure to provide any documentation required in Section 2.d. will be considered grounds to deny a permit application. F. A person commits an offense if the person: 1. Causes or permits any industrialized housing to be constructed, erected, installed, or moved in the City without first submitting applications to the Building Inspection Department and obtaining all required permits; 2. Causes or permits any industrialized housing which does not comply with this section to be constructed, erected, installed, or moved into the City; or 3. Violates any provision of this section. G. A person who violates any provision of Subsection F.1, 2, and/or 3 above is guilty of a Class C misdemeanor. Each violation of the provisions of Subsection F.1, 2, and/or 3 shall constitute a separate offense. Each offense, upon conviction, is punishable by a fine not to exceed $500.00. A person who violates any provision of this subsection is guilty of a separate offense each day or part of a day during which the offense is committed. ' Section 3. That all ordinances or part of ordinances in conflict herewith are hereby repealed. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional. Section 5. That this ordinance shall take effect and be in full force and effect from and after its passage and publication, as required by law. ,,{{�� PASSED AND APPROVED this the J J day of (P�Ct?c'p-A .2004. R. A. Nugent, or City ofNederl d, Texas 4I3 ATTEST: CiL- Sa. cm'"'i LaDomia Floyd, City Clerk City of Nederland, Texas APP OVED AS TO FORM AND LEGALITY: chard D. HughesV City Attorney City of Nederland, Texas 4I3 24 _ •auoN aaoN Ja6oa put '� i eaN `�a�(nnes s�agwawilouno0 ` ;u N Jo�(eW :sa�(d a3 2l`d0 IlOW uolsslwwo0 6ulu0Z pue 6uluueld ay; �( apuawurooai se uolsl ipq aoeld seJPAOd ay; job ;eld leug ay; anoidde o; meS wal ad Jo�Ce �Cq papu i ope-1 jegwawllouno0 �Cq apew se � M uol ;ow y •auoN !lo pe { :SOON N -saa6o� a `#!IOPeiJ 'IeaN `jeAmeS sjagwawllou ';ua6nN jo(eW :sa v 'aalMbV3 N0110W •u0lsslww00 uOZ pue 6uluueld ay; Aq papuaw oar se MJed lela;snpul siepueS ay; joj;eld leui y; ano.dde jegwewl, no0 (q papuooas pue;ua6nN jo(eW (q apew U0110 S.MW 3A3a T uoN :SOON -sjabo�l pue ' pope�l eON `jeAmeS saagwawllouno0 `; ao�(eW :saAV 'a31HMV3 NOIlOW •(Pa oege aas) jjoda�l;uaw;sanul le y; anadde o; ;ua6nN jo�(eW �(q papuooas p e �9AmES wa1 ad JOAM pew s uol ;ow y liod a;uaw;sanul len ; pannalna� uap oa •SVI •sia608 pue `M10Ml 'leaN `A aas) poda�j ;uaw;sanul Apelien Aq papuooas pue .41lope8 ,iig gjoda�{;uaw;sanul Alialier6 ay; ,auo :SOON Ilouno0 ' ;ua6nN ao W :seAV '031UMV3 NOI (Pagoelle le o; q g wuaowlllolow u no0 y u= o �o;oaala ; 'Uapmoa ItiayO SlaOd3N IN3W1S3ANl '£ •auoN :SOON •sJ96ob pue ` pe 'l N `aas meS sjegwawllo no0 ';uebnN joAeyq :seAv 'a31 `d0 N0110W 'ua;;unn se 6ulleew boo SZ iago ;o a o sa;nulw ay; anoidde o sjabob jegwewllouno0 Aq papuo as pue iSnnes ad joAeW Aq l ew seM uol ;ow y �- SUn W dO TdAOUddV 'Z •wnjo b jo; payoe ;le aas •sexa `pueli o ob6 '6u!PI!n8 ao! ,40 f4. puelJapaN ay; ;e ;u nN •y -8 joAeW Aq 'w'd oo:£ le jap em 6 ;aaw 9,41 `g jegwanON i 83N d0 JU.Ia 'LIONnoo AlIO 3Hl d0 ONI133W 21wino3b tW 6 •w•d 00:£ 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING November 8, 2004 The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Tern Sawyer and seconded by Councilmember Rogers to approve the minutes of the October 25, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. INVESTMENT REPORTS ' Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report. A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve the Quarterly Investment Report (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. Ms. Dowden reviewed the Annual Investment Report. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve the Annual Investment Report (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 4. DEVELOPMENTS A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to approve the final plat for the Sanders Industrial Park as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ' A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern Sawyer to approve the final plat for the Poydras Place Subdivision as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 6 Minutes continued, November 8, 2004 5. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by ' Councilmember Rogers to approve a payment to Peltier Brothers Construction, Inc. in the amount of $23,733.00, sanitary sewer manhole sealing. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Nugent to approve a payment to Schaumburg & Polk, Inc. in the amount of $4,080.00, 2005 collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to approve payments to Excavators & Constructors, Inc. as follows: $28,153.60, drainage improvements, Area 3, Option I; and, $63,948.31, drainage improvements, Area 3, Option II. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Radcliff to approve payment of the bills for the month of October. MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 6. EXECUTIVE SESSION The regular meeting was recessed at 3:20 p.m. by Mayor Nugent 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, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney. 7. RECONVENE The regular meeting was reconvened at 3:40 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 8. OFFICIALS' COMMENTS Andre' Wimer, City Manager, informed the Council that the City Attorney has ' been researching the proposed daytime curfew ordinance. He reminded them that in accordance with State statutes we are required to conduct a Public Hearing every three years to review curfew ordinances, therefore, we will be conducting Public Hearings at the next meeting to review the existing ordinance Minutes continued, November 8, 2004 and the proposed new curfew ordinance. Mr. Wimer stated that he feels the City should consider adopting some kind of regulations regarding special events held and the services we provide to groups /organizations. He asked that they contact him regarding any suggestions and /or comments. He also reported that Tom Riley, Parks Supervisor, has received several requests from citizens asking that the hoops be installed at the basketball courts in Doornbos Park. Mr. Riley informed Mr. Wimer that since the new park hours were adopted there have been fewer disturbances and would like to put the hoops back up. Mr. Wimer informed Council that Debby Griffin, Inspections Department Secretary, turned in her resignation and during this time it has been suggested that the Inspection Department be moved to the EDC /Public Works building. This move would allow the Building Official, Public Works Director, and EDC staff to work more closely together regarding new /proposed developments. He spoke with Rick Williams, EDC Director, regarding the possibility of allowing one of his secretaries to be trained as a relief secretary for the Inspection Department and feels this should not be a problem. Mrs. Griffin would be able to train her replacement and the EDC staff member at the same time. There will be nominal expense incurred in the move. They will need to purchase a cash register and receipt printer in order to collect payments for building permits. City staff has conducted several meetings and feel this would be a benefit to contracts and citizens requesting permits. All the boards would also be able to utilize the meeting room for their monthly meetings. ADJOURN There being no further business, a motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to adjourn the meeting at 3:56 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. R. A. Nugent, M4yor City of Nederlamfl, Texas ATTEST: �J/O✓yti � C��ICJ LaDonna Floyd, City Clerk City of Nederland, Texas c 4�U CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward I X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X R. A. Nuge Mayor LaDonna Floyd, City Clerk November 8, 2004 Date 1 1 1 1 1 249 r4.A.'DCW Nugant. MW*t notort Swim, Mayor Pin Tam �J f ) of Nederland .�* /y �/j / 341y Neal, CcuncOmombar O l� i ei� e /+r1�/ (ii/� Judy Rogers, Cnuraknember a! F3ert iin®dn, Courdknemtsor Andf6 Wirw. City Manager P.O. Mx 967 • Nrdorland, Texas 77627 • (409) 723.7503 • FAX (409) 723 -1550 1 nvestment Report For the Quarter Ending September- 30, 2044 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' Wirner, City Manager (- Cheryl owden, i7irector oa I' intu►ce "t-I (f aainialr.d fog' Progress" j Cit-y of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 2004 Itivestments, at Beginning of Period (7-1-0,4) Purchases Maturities Investments at End of Period (.9-10-04) Cdlaturi Summary at September 3i}�2004 54,879,535.95 17.226.99 OMO 4 896 762.94 Ll Le-s than 3 months Li 9 to 12 months I I E 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For (quarter Ending September 30, 2004 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund Police Narcotics Fund SRF Escrow & Constriction Funds _MCML Dispatch Parks & Recreation Fund Equipment Replacement Fund Bond Redemption Fund Balance Balance Ck, 7 -1 -04 Purchases Maturities 9 -30 -04 113,511,222.20 512,421.80 $3,523,644.00 28,741.26 66.31 28,807,57 1,064,746.90 3,766.79 1,068,513.69 10,271.52 36.33 10,307.85 090.26 2;41 692.67 373.13 1.31 374.44 39,715.29 140:52 39,835.81 156;593.62 553.98 157,147.60 629.44 2.23 631.67 21.12 21.12 48.81 0.11 48.92 66 482.40 235.20 66 717:60 $4.879.535.95 51 6:99 $0.00 54,896362.94 Fund Allocation at September 30, 2004 (72,01/,) Gonerat Fund (3.2%) �,RF Esotow Fund j. (1.4 %) Bond Redemption Fund _,... _. -. (21.8 %) Vlatur 8 Sower Fund ----- ----- i 25 251 Investment Report Schedule Investments for the Quarter ended September 30, 2004 CERTIFICATES OF DEPOSIT Interest Earned for Quarter Certificate Purchase Maturity Days to Interest ended September Number Date Date be held Rate Face Amount 30, 2004 Held at September 30, 2004 Library Special Fund 2307082 01/05/04 01/04/05 365 1.34% 10,000.00 44.10 Total Interest Earned on CDs for the quarter ended September 30, 2004 $44.10 Total Certificates of Deposit held at September 30, 2004 $ 10,000.00 1 1 1 I Investment Report Schedule Investments for the Quarter ended September 30, 2004 INVESTMENT POOL - TEXPOOL 253- Totals for TEXPOOL Investments $4,869,535.95 $17,226.99 $4,886,762.94 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 07/01/04 09/30/04 1 1.40% $3,511,222.20 $12,421.80 $3,523,644.00 Water & Sewer 07/01/04 09/30/04 1 1.40% 1,064,746.90 3,766.79 1,068,513.69 Bond Redemp. 07/01/04 09/30/04 1 1.40% 66,482.40 235.20 66,717.60 Capital Outlay Fund 07/01/04 09/30/04 1 1.40% 373.13 1.31 374.44 Motel Occupancy 07/01/04 09/30/04 1 1.40% 10,271.52 36.33 10,307.85 Library Special 07/01/04 09/30/04 1 1.40% 18,741.26 66.31 18,807.57 Solid Waste Fund 07/01/04 09/30/04 1 1.40% 690.26 2.41 692.67 SRF Construction Fund 07/01/04 09/30/04 1 1.40% 156,593.62 553.98 157,147.60 MCML Dispatch 07/01/04 09/30/04 1 1.40% 629.44 2.23 631.67 Police Narcotic Fund 07/01/04 09/30/04 1 1.40% 39,715.29 140.52 39,855.81 Parks & Recreation Fund 07/01/04 09/30/04 1 1.40% 21.12 0.00 21.12 Equipment Replacement Funds 07/01/04 09/30/04 1 1.40% 48.81 0.11 48.92 Totals for TEXPOOL Investments $4,869,535.95 $17,226.99 $4,886,762.94 4J 7 I Investment Report Schedule Investments for the Quarter ended September 30, 2004 ' INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate September 30, 2004 Bond Redemp.Fund 07/01/04 09/30/04 1 1.29% 215.55 Court Technology Fund 07/01/04 09/30/04 1 1.29% 6.73 Drainage Construction Fund 07/01/04 09/30/04 1 1.29% 4,395.85 Equipment Replacement Funds 07/01/04 09/30/04 1 1.29% 753.33 General Fund 07/01/04 09/30/04 1 1.29% 8,500.63 Library Special Fund 07/01/04 09/30/04 1 1.29% 44.64 Motel Occupancy Fund 07/01/04 09130104 1 1.29% 5.13 Parks & Rec. Fund 07/01/04 09/30/04 1 1.29% 20.60 Police Narcotic Fund 07/01/04 09/30/04 1 1.29% 164.19 Solid Waste Fund 07/01/04 09/30/04 1 1.29% 1,232.91 SRF Construction & Escrow Funds 07/01/04 09/30/04 1 1.29% 3,515.94 SSES Fund 07/01/04 09/30/04 1 1.29% 1,014.98 W & S Certificate Fund 07/01/04 09/30/04 1 1.29% 149.43 Water & Sewer Fund 07/01/04 09/30/04 1 1.29% 2,207.00 Wastewater Construction Fund 07/01/04 09/30/04 1 1.29% 3,773.88 $26,000.79 7 I 1 L Investment Report Schedule September 30, 2004 Interest Earnings for Quarter Ended September 30, 2004 Bond Redemption Fund $450.75 Capital Outlay Fund 1.31 Court Technology Fund 6.73 Drainage Construction Fund 4,395.85 Equipment Replacement Funds 753.44 General Fund 20,922.43 Library Special Fund 155.05 MCML Dispatch 2.23 Motel Occupancy Tax Fund 41.46 Parks & Recreation Special Fund 20.60 Police Narcotic Account 304.71 Solid Waste Fund 1,235.32 SRF Escrow & Construction Funds 4,069.92 SSES Fund 1,014.98 W & S Certificate Fund 149.43 Wastewater Construction Fund 3,773.88 Water & Sewer Fund 5,973.79 $43,271.88 255 4JU Memorandum To: Mayor and City Councilmembers From: Cheryl Dowden, Director of Finance Date: November 8, 2004 Re: Investment Report for Year Ended September 30, 2004 Attached are investment schedules with interest earnings by investment for the period October 1, 2003 through September 30, 2004. Investments include Certificates of Deposit and pooled cash investments in Texpool. Total interest earnings of $113,980.73 was derived from demand deposits in the amount of $59,087.97, Texpool in the amount of $54,729.78, and Certificates of Deposit in the amount of $162.98. A comparison of prior years interest earnings is included for your review. L' 1 CITY OF NEDERLAND �J! INVESTMENT INTEREST EARNED ' FOR FISCAL YEAR ENDED SEPTEMBER 30, 2004 Interest Earned Interest Earned Interest Earned Interest Earned Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fund Ended 9/30/01 Ended 9/30/02 Ended 9/30/03 Ended 9/30/04 'J 1 SRF Fund $442,411.37 $93,296.53 $30,070.91 $11,921.89 Bond Redemption Fund 28,755.07 5,322.53 1,647.04 1,059.79 Capital Outlay Fund 32,135.30 16,079.99 9,258.51 4.05 Court Technology Fund 147.15 23.70 64.01 13.79 Drainage Construction Fund 160,377.27 22,077.80 8,872.11 9,491.39 Equipment Replacement Fund 3,671.92 808.16 799.47 1,640.00 General Fund 189,127.36 81,068.64 55,837.94 55,974.15 Hotel Occupancy Tax Fund 593.94 214.77 150.90 141.35 Library Special Fund 3,055.89 1,267.47 443.86 582.47 Mid County Dispatch 306.82 114.89 (25.60) 8.30 Parks & Recreation Special Fund 136.15 23.04 23.21 40.17 Police Narcotic Fund 3,996.77 1,134.19 885.14 802.39 SSES Fund 10,971.20 6,682.69 6,213.05 3,972.38 Solid Waste Fund 2,313.00 745.64 1,216.56 2,322.59 TX CDBG #716591 1,440.84 0.00 0.00 0.00 W & S Certificate Fund 2,623.74 915.30 360.77 262.20 Wastewater Construction Fund 0.00 0.00 6,428.80 9,818.69 Water & Sewer Fund 105,963.91 38,150.07 16,585.44 15,925.13 $988,027.70 $267,925.41 $138,832.12 $113,980.73 C1 City of Nederland Investment Interest Earned For Fiscal Year Ended September 30, 2004 Fund Bond Redemption Fund TEXPOOL DEMAND DEPOSITS Capital Outlay Fund TEXPOOL Court Technology Fund DEMAND DEPOSITS Drainage Construction Fund DEMAND DEPOSITS Equipment Replacement Funds TEXPOOL DEMAND DEPOSITS General Fund TEXPOOL DEMAND DEPOSITS Library Fund 253040 01/03/03 01/03/04 2307082 01/05/04 01/04/05 TEXPOOL DEMAND DEPOSITS MCML Dispatch Account TEXPOOL DEMAND DEPOSITS Motel Occupancy Tax Fund TEXPOOL DEMAND DEPOSITS Parks & Recreation Special Fund DEMAND DEPOSITS Police Narcotic Fund TEXPOOL DEMAND DEPOSITS IiF1 JII Interest Earnings for Fiscal Year Ended September 30, 2004 747.22 312.57 1,059.79 4.05 13.79 9,491.39 0.17 1,639.83 ' 1,640.00 39,463.54 16,510.61 55,974.15 10,000.00 1.2200% 63.56 10,000.00 1.3400% 99.42 210.61 208.88 582.47 7.36 0.94 8.30 115.52 25.83 141.35 40.17 446.38 ' 356.01 802.39 1 1 1 City of Nederland Investment Interest Earned For Fiscal Year Ended September 30, 2004 Fund Solid Waste Fund TEXPOOL DEMAND DEPOSITS SRF Funds TEXPOOL DEMAND DEPOSITS SSES Fund DEMAND DEPOSITS W & S Certificate Fund DEMAND DEPOSITS Water & Sewer Fund TEXPOOL DEMAND DEPOSITS Wastewater Construction Fund DEMAND DEPOSITS TOTAL INTEREST EARNED DURING FISCAL YEAR ENDING 9/30/04 14.)J Interest Earnings for Fiscal Year Ended September 30, 2004 7.90 2,314.69 2,322.59 1,760.02 10,161.87 11,921.89 3,972.38 262.20 11,967.01 3,958.12 15,925.13 9,818.69 113,980.73 E� (1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , 6:00 p.m. November 22, 2004 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Radcliff and seconded by Councilmember Rogers to approve the minutes of the November 8, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:01 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding Ordinance No. 388, Juvenile Curfew Ordinance; and proposed Juvenile Curfew ' Ordinance No. 2004 -15. Andre' Wimer, City Manager, reminded Council that in accordance with State statutes it is necessary to review curfew ordinances every three (3) years by conducting a Public Hearing. He added that this year the Public Hearing will allow for comments on the existing ordinance and on a proposed new curfew ordinance. The proposed ordinance continues the night curfew for minors while establishing a daytime curfew during official school days. Justice of the Peace Brad Burnett has recommended that the Mid County cities adopt such a curfew. Richard Hughes, City Attorney, drafted the proposed ordinance to include the daytime hours for children between the ages of 6 and 16. The Cities of Beaumont and Port Arthur have had daytime curfews for a couple of years and it appears to work for them. Chief Darrell Bush reported on curfew violations for the three year period beginning November 2001 until November 2004. There were 88 curfew violation cases in Nederland Municipal Court. This is an average of 29.33 cases per year, or 2.44 per month. Chief Bush indicated that he is hopeful that the proposed ordinance, if approved, would result in voluntary compliance from students and parents. Dawn Hardy, 25th Street, addressed the Council to express her concern with a daytime curfew. She home schools her children and feels the new curfew is a violation of the Fourth and Fifth Amendments of the Constitution. Ms. Hardy believes it would be a waste of police officers time to enforce the curfew. She also stated that this could cause I children to fear police officers. Minutes continued, November 22, 2004 Charlotte Robbins, Groves resident, asked to address Council to also voice her concerns with a daytime curfew. Although she is not a resident of Nederland she anticipates Port Neches and Groves adopting similar ordinances. Mrs. Robbins also home schools her children and feels a daytime curfew is not the answer to potential problems with children who are not in school. She added that children should not have to produce documentation to police officers to show a valid reason for not being in school. Judge Brad Burnett informed Council that he has received a Resolution of support from both Nederland Independent School District and Port Neches - Groves Independent School District for a daytime curfew for minors. He indicated that the Cities of Port Neches and Groves will also be adopting the same regulations. Judge Burnett stated that there is a problem with unsupervised children in the area and feels this will improve our communities and hopefully make parents more aware of the problems. Ruby Calvert, Avenue F, addressed Council to support the daytime curfew ordinance. She stated as a former resident of Port Arthur she saw a decrease in the number of children roaming the streets during school hours once they adopted the daytime curfew hours. Chief Bush stated that the Cities of Beaumont and Port Arthur have established daytime curfew hours several years ago. He is hopeful that by adopting the same curfew hours juvenile crime rates will decrease. Mrs. Robbins added that she feels the truancy rules should be more strictly enforced without the need for an ordinance. She asked that the requirement for documentation be removed from the proposed ordinance. Richard Hughes, City Attorney, stated that truancy laws are governed by State statutes and cannot be governed by municipalities. The intent of the ordinance is to insure that students who are not in school, or not compelled to be in school, should not be at public locations. Mayor Nugent stated that he understands the concern of the home school parents but is in agreement that this ordinance needs to be adopted. He added that this ordinance is not intended to punish children or parents to be used as an added tool for police officers to keep the community a safe environment. Mayor Nugent also believes that this will hopefully encourage parents to be aware and involved. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:30 p.m. by Mayor Nugent. 4. ORDINANCES A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to repeal Ordinance No. 388, Juvenile Curfew Ordinance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Radcliff to approve Juvenile Curfew Ordinance No. 2004 -15. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. Minutes continued, November 22, 2004 Councilmember Rogers stated that he served on the Nederland Independent School District Board for quite some time and truancy is a very large problem in the community, but the ordinance is not intended to address truancy. He believes that all children , should be in school, whether it be public, private, or home school. Education is the most important thing we can provide our children and this will serve as an added tool to help them have a better future. 5. REQUEST Andre' Wimer, City Manager, stated that Ronnie Sanders, Hodgson Road, is requesting a partial reimbursement of costs associated with the construction of a sewer line to his new development on Hodgson Road. The initial cost estimate Mr. Sanders received was significantly lower but was increased due to the City's construction of the storm sewer on his street. The City's sewer main is on the opposite side of the street from his property, which necessitated his sewer line going beneath the storm sewer; this depth was approximately five (5) feet lower than if the storm sewer had not been in place. Mr. Wimer added that our ordinance requires that developers install, at their own cost, the sewer lines necessary to connect to the City's system. Richard Hughes, City Attorney, stated that the current ordinance does not allow for any type of shared costs between developers and the City and indicated there are no avenues for reimbursement. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to deny the request from Ronnie Sanders for partial reimbursement of costs associated ' with the construction of a sewer line. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 6. CONTRACTS /AGREEMENTS A motion was made by Councilmember Radcliff and seconded by Councilmember Neal to approve renewal of an agreement with Wells Fargo for banking services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. EXECUTIVE SESSION A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 8. OFFICIALS' COMMENTS ' Andre' Wimer, City Manager, reported that effective today the Inspection Department has officially moved to the D. Bob Henson Office Building on Atlanta. They will share the building with the Director of Public Works and the Nederland Economic Development Corporation. Minutes continued, November 22, 2004 Mr. Wimer reminded Council that three (3) intersection projects had previously been submitted to the SETRPC; these projects involve the installation of new traffic signals at ' 14th Street and Boston Avenue; 14th Street and Nederland Avenue; and, 215f Street and Nederland Avenue. One hundred percent (100 %) funding for all project costs, including engineering and inspection, would be protected by TxDOT. Initially, the City did not receive funding for the upcoming year, however, it now appears that funding will be available due to the deferral of another project. In order to be funded, plans and specifications would have to be submitted to TxDOT by March 7, 2005. Staff will determine whether such a deadline can be met and provide additional information to the Council as it becomes available. 9. ADJOURN There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Radcliff to adjourn the meeting at 6:57 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. M R. A. Nugent, Wor City of Nederland, Texas ATTEST: AD", --"d - LaDonnn Floyd, City Clerk City of Nederland, Texas 1 263 264 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member Ward 1 X Billy Neal Council Member Ward II X Judy Radcliff Council Member Ward III X Bert E. Rogers Council Member Ward IV X Andre' Wimer City Manager X LaDonna Floyd City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelad Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X Lois Coco Acting City Clerk X R. A. Nuge Mayor deJQ2�-�] g, LaDonna Floyd, City Clerk November 22, 2004 Date 1 i. 1 265 all ORDINANCE NO. 2004 -15 AN ORDINANCE AMENDING CHAPTER 74, DIVISION 2, OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, BY REPEALING SEC. 74 -36 AND SEC. 74 -37, BY ADDING NEW SECTIONS 74 -36 THROUGH 74 -41 TO PROVIDE CURFEW HOURS FOR MINORS AND TO REQUIRE COMPULSORY SCHOOL AGE MINORS TO BE IN SCHOOL (WITH EXCEPTIONS) AND TO IMPOSE PARENTAL DUTIES; PROVIDING FOR OFFENSES AND DEFENSES; PROVIDING FOR REPEAL OF ALL ORDINANCES AND POLICIES IN CONFLICT OR PARTS OF ORDINANCES AND POLICIES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00.; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, The City Council held a public hearing on November 22, 2004 to receive public input as to 1) the effect of this Ordinance on the City and any problems the Ordinance is intended to remedy; 2) the need, if any, to repeal the existing Ordinance No. 388, as amended on May 23, 1994, establishing curfew hours for minors; 3) the need, if any, to enact this Ordinance establishing curfew hours for minors in order to satisfy constitutional requirements. WHEREAS, the City Council finds that it has a compelling interest in protecting juveniles, reducing crime, and involving parents in the control of their minor children. WHEREAS, the City Council finds that curfew hours for minors would materially assist in achieving the purposes of this Ordinance, to wit: (A) To promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the City; (B) To promote the safety and well -being of the City's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; (C) To promote the compulsory attendance in school by school age minors; and (D)To foster and strengthen parental responsibilities for minors. WHEREAS, based upon testimony provided at the public hearing, including statistical evidence supporting the position that previous juvenile curfew ordinances have reduced crime and that this Ordinance will do likewise, the City Council deems it in the public interest of the City to repeal the juvenile curfew Ordinance as delineated in Sec. 74 -36 and Sec. 74 -37 of the Code of Ordinances of the City of Nederland and to adopt curfew hours for minors and provisions related thereto, as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances of the City of Nederland is amended by repealing the existing Sec. 74 -36 (Hours Established) and Sec. 74 -37 (Parental Responsibility). Section 2. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances of the City of Nederland is amended by adding new Sec. 74 -36, Sec. 74 -37, Sec. 74 -38, Sec. 74 -39, Sec. 74 -40, Sec. 74 -41, and Sec. 74-42 to read as follows: SEC. 74 -36. - DEFINITIONS. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly establishes a different meaning. I City means the city limits of the City of Nederland, Texas. Curfew hours for minors means: Sunday 11:00 p.m. to 5:00 a.m. Monday 11:00 p.m. to 5:00 a.m. Tuesday 11:00p.m. to 5:00 a.m. Wednesday 11:00p.m. to 5:00 a.m. Thursday 11:00 p.m, to 5:00 a.m. Friday 12:00 a.m. to 5:00 a.m.; or Saturday 12:00 a.m, to 5:00 a.m. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Minor means any person under seventeen (17) years of age. Parent means a person who is: (a) A natural parent, adoptive parent, or step - parent of another person; or (b) At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. Guardian means a person who: (a) Under court order, is the guardian of the person of a minor; or (b) Is a public or private agency with whom a minor has been placed by a court. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. ) G Establishment means any privately -owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Remain means to: (a) Linger or stay; or (b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of he function of any bodily member or organ. Intentionally, knowingly, recklessly, or with criminal negligence has the meaning(s) provided in the Texas Penal Code. SEC. 74 -37. OFFENSES. (a) A minor who has reached the age of ten It 0) years commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence remains in or upon any public place, or remains in any motor vehicle operating or parked therein or thereon, or remains on the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence permits, or by insufficient control allows a minor to remain in or upon any public place, or to remain in ' any motor vehicle operating or parked therein or thereon, or to remain on the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of an establishment commits an offense if he or she intentionally, knowingly recklessly, or with criminal negligence allows a minor to remain upon the premises of the establishment during curfew hours for minors. SEC. 74 -38. DEFENSES. (a) It is a defense to prosecution under Sec. 74 -37. that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, without any detour or stop; and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone of the parent/guardian authorizing the errand, the telephone number where the parent/guardian may be reached during the errand, the name of the minor, a brief description of the errand, the minor's destination(s) and the time period the minor is authorized to be engaged in the errand; (4) In a motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (6) Engaged in, participating in or traveling to or from any event, function or activity for which application of Sec. 74 -37. would contravene his rights protected by the Texas or United States Constitutions; (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; ?63 (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the city a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same, without any detour or stop; (10) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right to assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (b) It is a defense to prosecution under subsection 74 -37(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours for minors and refused to leave. SEC. 74 -39. SCHOOL AGE MINORS TO BE IN SCHOOL. (a) Compulsory school age minor to be in attendance at school, parental duties imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any public place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day when school is in session. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from acting ' contrary to Sec. 74- 39(a)(1). (b) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16) inclusive, is suspended or expelled from school, then each parent or guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any public place at the times that the minor would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled. (c) No minor between the ages of ten (10) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled. (d) Any minor who has reached the age of ten (10) years or parent or guardian of a minor who intentionally, knowingly, recklessly or with criminal negligence violates any provision of Sec. 74 -3 commits an offense and, upon conviction, shall be guilty of a misdemeanor, which shall be punishable as provided in Sec. 74 -41. SEC. 74-40. DEFENSES. (a) It is a defense to prosecution under Sec. 74 -40 (a) and (b) that: (1) The minor is suspended or expelled from school and is accompanied by I a parent or guardian or responsible adult selected by a parent or guardian to supervise the minor; (2) The minor has been authorized by virtue of his or her regular school schedule to be off of the school campus at the time the minor is found 269 to be at any place within the City away from the school; (3) The minor has written proof from school authorities excusing him or her from attending school at that particular time; (4) The minor is attending an official school activity off - campus; or (5) The minor is engaged in any event or circumstance provided as a defense in Sec. 74 -38 (a) (3) (4) (6) (7) (10) or (11) above. SEC. 74 -41. PENALTIES. (a) A person who violates any provision of Sec. 74 -37 or Sec. 74 -39 commits a Class C misdemeanor offense and, upon conviction, shall be punishable by a fine not to exceed five hundred dollars ($500.00). (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or Part of a day during which the violation is committed, continued, or permitted. (c) When required by Section 52.08 of the Texas Family code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Sec. 74 -37 or Sec. 74 -39 and shall refer the minor to juvenile court. SECTION 74 -42- Enforcement Provisions Notwithstanding the penal effects of this article, the Chief of Police is encouraged to develop alternative enforcement strategies which may include, but need not be limited to, the return of minors to their residences, counseling with minors and their parents or guardians, the issuance of warning citations to minor's or their parents or TThe enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in uniform manner. ' Section 3. That all ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance, are hereby repealed, to the extent of conflict only. Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances should for any person be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. Section 5. That this being an ordinance which imposes a penalty, its caption and penalty shall be published at least twice (2) in the official newspaper of the City of Nederland. This ordinance shall take effect immediately after the last date of publication. PASSED AND APPROVED by the City Council of the City of Nederland this the day of �t�i {L� 2004. R. A. Nugent, ayor City of Nederland, Texas 270 ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 1 CITY OF NEDERLAND 3:00 p.m. MEETING December 6, 2004 The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Radcliff and seconded by Councilmember Neal to approve the minutes of the November 22, 2004 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. BIDS /PROPOSALS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to award bids received for water and sewer inventory items to Golden Triangle Pipe, Beaumont, TX, in the amount of $87,746.55. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 4. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve an Agreed Order with the Texas Commission on Environmental Quality concerning water quality standards and previously implemented water treatment process modifications. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. WASTEWATER TREATMENT PLANT A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve the purchase of a bar screen waterproof enclosure for the Wastewater Treatment Plant from Infilco Degremont, Richmond, VA, in the amount of $26,501.67. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 27 ` Minutes continued, December 6, 2004 6. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Councilmember Neal to approve a payment to d.p. Consulting Engineers, Inc. in the amount of $1,276.00, upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve a payment to ALLCO, Inc. in the amount of $10,754.57, west annexation water and sewer improvements, Phase II. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve payment of the bills for the month of November. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 7. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to postpone the Executive Session. MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 8. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the cost estimate for the engineering and design phase of the potential intersection projects discussed at the last meeting is $96,000. He is recommending that the City continue to discuss with TxDOT the matter of 100% funding for the intersection projects. He added that staff is recommending that the project not be done at this time. Mr. Wimer also reported that the lighting on Boston Avenue should be working sometime tomorrow. Lastly, he reported that the inventory of water meters should be complete soon which will assist in a more accurate cost estimate for the meter replacement program. Further information should be available in January. 1 1 1 Minutes continued, December 6, 2004 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 3:27 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent ayor City of Nederland, Texas ??3 . L CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Bert E. Rogers Council Member X Andre Wimer City Manager X LaDonna Floyd City Clerk X Lois Coco Acting City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Che 1 Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X R. A. "Nugent, Mt:rr LaDonna Floyd, City Clerk December 6 2004 Date 1 [1 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 6:00 p.m. CALL MEETING TO ORDER December 13, 2004 The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Radcliff and seconded by Mayor Nugent to approve the minutes of the December 6, 2004 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 3. DEVELOPMENTS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve a preliminary and final plat of the Stewart Estates Subdivision, as recommended by the Planning and Zoning Commission, located on the corner of Bigelow Street and Holmes Road, described as Tracts 7 -A thru 7 -H, replat of part of Lots 7 & 8, Block 5, of the Smith - Hodgson Bigelow Truck Farm Subdivision; and, stipulate that individual lot owners will be required to pay for the water and sewer taps. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 4. B. A. RITTER SENIOR CITIZENS CENTER A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve the request from the Senior Citizens Center to replace flooring in the ladies' restroom as follows: Assured Environmental Quality, Inc., $1,200.00 for removal of asbestos flooring and disposal; All Seasons Environmental, Inc., $650,00, asbestos abatement consulting and project management; $50.00, Texas Department of Health, mandatory notification fee; and, $314.50, Sherwin Williams, installation of new vinyl flooring; total cost $2,214.50. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. L 9 76 Minutes continued, December 13, 2004 5. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Mayor Pro ' Tern Sawyer to approve payments to Excavators & Constructors, Inc. as follows: $110,735.82, drainage improvements, Area 3, Option II; and, $32,865.83, drainage improvements, Area 3. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve payments to Schaumburg & Polk, Inc. as follows: $365.24, west annexation area water and sewer improvements; and, $720.00, 2005 collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 6. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. 7. OFFICIALS' COMMENTS I Andre' Wimer, City Manager, reported that he received notification from the City's rate consultants that the PUC has denied the most recent rate increase request from Entergy, Inc., therefore, they have withdrawn their request. 8. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Radcliff to adjourn the meeting at 6:18 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers. Noes: None. G. R. A. Nugen , ayor City of Nede and, Texas ATTEST: - A �9 ?mss LaDonna Floyd, City Clerk City of Nederland, Texas a LAN�' 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor X Robert Sawyer Council Member X Billy Neal Council Member X Judy Radcliff Council Member X Bert E. Rogers Council Member X Andre Wimer City Manager X LaDonna Floyd City Clerk X Lois Coco Acting City Clerk X Richard Hughes City Attorney X Darrell Bush Police Chief X Mike Lovelady Fire Chief X Cheryl Dowden Director of Finance X Steve Hamilton Director of Public Works X Rod Hatch Building Official X Victoria Klehn Librarian X Kelly Galloway Assistant to the City Manager X 61/1� l R. A. Nugent, Mayo, 6 ,� G111 LaDonna Floyd, City ClerW December 13, 2004 Date `J