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2007REGULAR MEETING OF THE CITY COUNCIL OF THE oil CITY OF NEDERLAND 3:00 p.m. 1. MEETING 3anuary 8, 2007 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 Councilmember Neal and seconded by Councilmember Rogers to approve the minutes of the December 18, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. CHANGE ORDER A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Griffin to approve Change Order No. 1 in the amount of +$500.00, Coleman & Associates, repairs to City Council Chambers. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. PAYMENTS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to postpone approval of a payment to N & T Construction Co., Inc. in the amount of $9,622.30, renovations to the Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve payment of the bills for the month of December. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. EXECUTIVE SESSION The regular meeting was recessed at 3:11 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, nn Minutes continued, January 8, 2007 and /or release of property; and Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; potential litigation against Galveston Wireless, L.L.C.; and consultation with City I Attorney. 6. RECONVENE The regular meeting was reconvened at 3:35 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is necessary. 7. PUBLIC OFFICIALS' COMMENTS Andre' Wimer, City Manager, announced that the City's Annual Appreciation Dinner will be held on Tuesday, January 23rd, at the Knights of Columbus Hall. He also reported that he will be attending an Entergy Steering Committee meeting next week to discuss Entergy's request for additional revenues. Mayor Pro Tern Griffin asked about the City's current truck route ordinance. She received a call from a constituent asking that Nederland Avenue be removed from the approved routes. Mr. Wimer explained that the ordinance will be reviewed at the next meeting. Councilmember Sheffield asked how many trips our garbage trucks typically make in one day and if the possibility of some kind of transfer station has ever been discussed. Mr. Wimer responded that it has been discussed in the past and at this time does not seem feasible. B. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 3:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: , C�_ K, V l 4 Lca�-4-1 LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 1 1 ;t3f3 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor -✓ Tim Sheffield Council Member ✓ Billy Neal Council Member ✓ Debby Griffin Council Member ✓ Bert Rogers Council Member Andre Wimer City Manager I✓ LaDonna Floyd Cit Clerk ✓ Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorney! Darrell Bush Police Chief L✓ Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance I✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the Ciq Manager ✓ R. A. Nug*,a r ILaDonna Floyd, City Clerk > - & -0') Date 004 WORKSHOP OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 1:30 p.m. January 15, 2007 MEETING The workshop was called to order at 1:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. WASTEWATER TREATMENT PLANT A workshop was held to discuss a proposed contract with Severn Trent Environmental Services, Inc. for operation of the Wastewater Treatment Plant. Andre' Wimer, City Manager, stated that the City is in the fourth year of the current contract that expires at the end of March. There have been no problems with the plant operations and during the first few years there were definitely significant savings monetarily. The contract has automatic renewals with a 60 -day cancellation clause. Severn Trent would like to sign a long- term contract. Mr. Wimer added that his concern now is cost and can the City now operate the plant for less than the proposed contract amount. He stated that Severn Trent does have the expertise in plant operations but for an additional $25,000 /year he does not feel this can be justified to the citizens. Severn Trent would like a five -year contract for the stability of their employees and to be able to fund heavy equipment over a five -year period rather than just one year. They are a global company and can provide expertise and support for all aspects of plant operations, as well as being able to provide a larger buying capacity for supplies, etc. They would be contractually obligated to the proposed contract amount for five years, except CPI and power overages. They stated they would be willing to hold the current contract price until September 30, 2007, if a new contract could be signed then. They will agree to no CPI in the 4`h year; no mark up on power overages; total flexibility in handling of maintenance expense to reduce costs; offered to reduce cost by $8,400 and give lawn maintenance back to City; shared our OH &P with them; shared actual cost history/projections; offered to reduce price to finalize relationship; offered to reduce price by $20,000 but give back dump truck; offered to meet halfway with $10,000 but want CPI back; settled for $13,000 reduction but still want CPI in fourth year; and no increase from March 2006 to October 2007; offered to include language giving ownership of vehicles; no retroactive billing to October; and compromised on liability and indemnification language. 1 Minutes continued, January 15, 2007 A lengthy discussion was held on the pros and cons regarding the privatization of the Wastewater Treatment Plant, as well as the inability to assign a value to the intangibles such as licenses, employees, State permits; any fines, etc. Severn Trent agreed to maintain the current monthly fee through September 30, 2007 and that no CPI adjustment would be made in the fourth year of the contract. Consideration of the proposed contract will be included on the agenda for the January 22, 2007 City Council meeting. 3. ADJOURN There being no further discussion the workshop was adjourned at 4:10 p.m. by Mayor R. A. Nugent. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas I R. A. Nugent, Mayor City of Nederland, Texas 006 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor !/ Tim Sheffield Council Member (✓ Billy Neal Council Member Debby Griffin Council Member ✓ Bert Rogers Council Member 1/ Andre Wimer City Manager LaDonna Floyd City Clerk ✓ Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorney Darrell Bush Police Chief ✓ Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian 1� Kelly Galloway Assistant to the City Manager R. A. Nugent, Mayor LaDonna Floyd, City Clerk 1- / s 01-7 Date 1 '007 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. January 22, 2007 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 Sheffield and seconded by Councilmember Neal to approve the minutes of the January 8, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. PUBLIC HEARINGS The regular meeting was recessed and a Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 6:02 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the rezoning of the property described as Lots 1 -10, nil nil Block 2, J. D. Ford Addition, from Light Industrial to Single - Family Residential. Planning and Zoning Commission members present: Mark Griffin, C. J. Schexnaider, Robert Sawyer, Homer Nagel, and Jack Porter. Andre' Wimer, City Manager, reported that Nikki Brackin, 8214 Ford Street, requested that the above described property be rezoned as indicated. He added that the Planning and Zoning Commission voted to deny the request and recommended that the City Council also deny the request. Nikki Brackin, 8214 Ford Street, stated that she requested the change in zoning in order to better the neighborhood by not allowing businesses. The following property owners provided comments opposing the rezoning: Terry Richard, 8062 Ford Street; and, Francis McCoy, 8164 Ford Street. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:15 p.m. by Mayor Nugent. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Griffin to deny a request to rezone the property described as Lots 1 -10, Block 2, J. D. Ford Addition, from Light Industrial to Single- Family Residential as recommended by the Planning and Zoning Request. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 008 Minutes continued, January 22, 2007 The regular meeting was recessed and a Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 6:19 p.m. by Mayor Nugent for the purpose of receiving questions and /or , comments regarding the rezoning of the property described as Lot 11, Lot 12 Tracts 1 -4; Lot 13 Tracts 2 -9, Pleasant Home Addition and Lot 40, Lots 41 -43 Tract 2; Lots 44 -45 Tracts 1 -3; Lots 46 -48; Lots 52 -55, Lot 56 Tracts 1 & 2; and Lots 57 -67, Pleasant Home Replat Addition from Single - Family Residential to Multi - Family Residential. Andre' Wimer, City Manager, stated that the rezoning request was denied by the Planning and Zoning Commission at their meeting on December 5, 2006. Richard Vickers, 2811 Lawrence, owns the property described as Lots 58 -61, Pleasant Home Replat Addition, and requested the zoning change in order to be able to construct duplex, triplex, and /or fourplex units on the vacant lots. He stated that he wants to be able to provide affordable housing for Nederland residents. The following property owners provided comments opposing the rezoning request: Nicholas Phillips, 7762 Green; Adrian Wersig, 7889 Green; Cheryl Lee, 7851 Green; and, Nicholas Young, 8130 Green. There being no further questions and /or comments the Joint Public Hearing was adjourned and the regular meeting was reconvened by 6:32 p.m. by Mayor Nugent. A motion was made by Counciimember Rogers and seconded by Mayor Pro Tern Griffin to deny a request to rezone the property described as Lot 11, Lot 12 Tracts 1 -4; Lot 13 Tracts 2 -9, Pleasant Home Addition and Lot 40, Lots 41- 43 Tract 2; Lots 44 -45 Tracts 1 -3; Lots 46 -48; Lots 52 -55, Lot 56 Tracts 1 & 2; and Lots 57 -67, Pleasant Home Replat Addition from Single - Family Residential to Multi - Family Residential as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. The regular meeting was recessed and a Joint Public Hearing was called to order at 6:34 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the establishment of Single - Family Residential Zoning for the area annexed by the City of Nederland on October 9, 2006. George Newsome, on behalf of the developer, stated that they requested the zoning be classified Single - Family Residential in order to develop a 121 residential neighborhood. There being no further questions and /or comments the Joint Public Hearing was adjourned and the regular meeting was reconvened at 6:37 p.m. by Mayor Nugent. Minutes continued, January 22, 207 A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve a request to establish Single - Family Residential Zoning for the area annexed by the City of Nederland on October 9, 2006, as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. DEVELOPMENT A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve the preliminary plat of the Lakes of Nederland subdivision as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 5. INVESTMENT REPORT Cheryl Dowden, Director of Finance, presented the Quarterly Investment .Report for the quarter ending December 31, 2006. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to accept the Quarterly Investment Report as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. r Noes: None. CONTRACT /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve a contract with Severn Trent Environmental Services, Inc. for operation and maintenance of the Wastewater Treatment Plant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. PERMITS A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve an EMS Provider permit for Acadian Ambulance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. BIDS /PROPOSALS Andre' Wimer, City Manager, reported that K. H. Dugas was the low bidder for the demolition of those properties previously authorized by the City Council. Rod Hatch, Building Official, has inspected the structure located at 2223 Nederland Avenue and reports that is has been brought up to code, therefore, that property has been removed from the demolition list. 01,11 continued, January 22, 2007 A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to award bids received for demolition of structures previously approved for removal by the City Council to K. H. Dugas, Nederland, TX, in the amount of $22,000.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to award bids received for the water and sewer line replacement CDBG project to Jerry Wally, Inc., Lumberton, TX, in the amount of $313,091.50. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. ELECTION A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Neal to approve Resolution No. 2007 -01, calling for an election to be held May 12, 2007 for the purpose of election two (2) Councilmembers - one from Ward I and one from Ward III, and appointing LaDonna Floyd, Clerk for Early Voting and Presiding Judge of the Central Counting Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. WAIVER A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers 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 Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. RESOLUTION A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve Resolution No. 2007 -02, authorizing participation with other Entergy service area cities in matters by Entergy at the Public Utility Commission of Texas in 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None, 12. STREETS AND SIDEWALKS A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve the 2007 Street Program (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, January 22, 2007 13. PAYMENTS ' A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve payments to Soutex Surveyors, Inc. as follows: $3,034.00, Progress Payment No. 1 for 17`h Street to 22nd Street sewer line investigation; and, $2,750.00, Progress Payment No. 2 for 17 1h Street to 22nd Street sewer line investigation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve a payment to N & T Construction Co., Inc. in the amount of $9,622.30, renovations to the Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $5,580.00, wastewater discharge permit; and, $10,527.50, Beauxart Garden Road improvement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 14. EXECUTIVE SESSION ' A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reminded Council about the Employee Appreciation Dinner to be held at the KC Hall on Tuesday, January 23 ro 16. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to adjourn the meeting at 7:20 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor ATTEST: LaDonn Floyd, City Clerk .rljt 012 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member Billy Neal Council Member Debby Griffin Council Member Bert Rogers Council Member ' Andre Wimer City Manager LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance L' Steve Hamilton Director of Public Works f Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager -M R. A. Nugent, or LaDonna Floyd, City Clerk Date 1 1 file RESOLUTION 2007 -01 A RESOLUTION BY THE CITY COUNCIL OF THE L CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 12, 2007; 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 12, 2007 there shall be elected the following officials for this City: One (1) Council member, Ward I One (1) Council member, Ward III 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 second Saturday in May, 2007, 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 than the sixty- second (62nd) days before the election or earlier than the 9151 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 10, 2007, which is a Saturday, therefore, will be moved to the next regular business day, February 12, 2007 at 8:00 a.m., with the last day for filing to be March 12, 2007 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. The polls at the above designated polling place shall on said Election Day be open from 7:00 a.m. to 7:00 p.m. LaDonna Floyd is hereby appointed Clerk for Early Voting. The Early Voting for the above designated election shall be at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas, and said place of Early Voting shall remain open for at least eight (8) hours on each day for Early Voting which is not a Saturday, Sunday, or an official State holiday, beginning on the twelfth (12th) day and continuing through the fourth (4`") 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. As required under Section 85.005(d), Election Code, early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours on two weekdays, if the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Tuesday, May 1, 2007 and Tuesday, May 8, 2007. The above described 1914 place for Early Voting is also the Early Voting Clerk's address to which ballot applications and ballots voted by mail may be sent. 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. All ballots shall be prepared in accordance with Texas Election Code. Optical Scan ballots shall be used for early voting by mail and for provisional ballots. The iVotronic Voting System v8.0.1.0 (Direct Recording Electronic) shall be used for early voting by personal appearance and voting on Election Day. The City Council hereby adopts for use in early voting and Election Day voting the iVotronic Voting System v8.0.1.0 (DRE) as approved by the Secretary of State. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials is hereby authorized. 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 bulletin 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 22nd day of January, 2007. R. A. Nug nt, or City of Nederla d, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: i Richard D. Hughes, City Attorney City of Nederland, Texas 015 CITY OF NEDERLAND RESOLUTION NO. 2007-02 ' A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY GULF STATES, INC.AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2007 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, EGSI will continue to be regulated; WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on EGSI and customer bills during the continued transition to competition; WHEREAS, EGSI is scheduled to litigate its request in various proceedings at the Public Utility Commission in 2007 related to various fuel cost surcharges and reconciliation, capacity cost surcharges and reconciliation; Hurricane Rita cost securitization and reconciliation, for approval of various market structures necessary for the implementation of fair competition, and for any type of base rate adjustment proceedings; WHEREAS, EGSI is scheduled to file fuel factor proceedings at the Public Utility Commission in March and September 2007, and file other fuel proceedings during 2007 to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism, ' along with various surcharge requests impacting rates; WHEREAS, EGSI may file a base rate adjustment proceeding at the Public Utility Commission in Summer of 2007 under current Legislation; WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and ratepayers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Uni- Code §33.025; WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Wil. Code §33.023. NOW, THEREFORE, BE IT RESOLVED BY THE 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 rate filings related to the various fuel cost surcharges and reconciliation, capacity cost surcharges and reconciliation; Hurricane Rita cost securitization and reconciliation, for approval of various market structures necessary for the implementation of fair competition, and for any base rate adjustment proceedings on ' file at the Public Utility Commission in 2007 seeking appropriate regulatory scrutiny. The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission on file in 2007 concerning EGSI's readiness for competition, market power, organizations and structures to assure fair competition to all customer classes. 016 The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission on file in 2007 concerning EGSI's base rates charged to customers. ' 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, lawyers, and other representatives. 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 BY TH CITY COUNCIL FO THE CITY OF NEDERLAND, TEXAS this d,day of , 2007. ATTEST: LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: , I ;id- � Rticharrd D. Hughes, City Attorney 1 1 2007 Street Program with Preliminary Costs Bomag & Seal Coat Location From To Length Cost Holmes Road Country Lane Gayle Lane 490 $1,337.70 Avenue A South 37th Street Hardy Avenue 2840 $7,753.20 Avenue B South 37th Street Hardy Avenue 2385 $6,511.05 21 st Street Seattle Avenue Queen Avenue 520 $1,419.60 20th Street Canal Avenue Helena Avenue 2650 $7,234.50 18th Street Helena Avenue Gary Avenue 305 $832.65 Kent Avenue Twin City Highway 14th Street 1325 $3,617.25 Franklin Avenue 12th Street 13th Street 330 $900.90 Elgin Avenue Twin City Highway 12th Street 520 $1,419.60 South 25th Street Avenue F Avenue H 635 $1,733.55 Avenue I South 14th Street Twin City Highway 910 $2,484.30 South 14th Street Avenue N Avenue K 1075 $2,934.75 South 13th Street Avenue A Avenue H 2185 $5,965.05 Avenue B South 2 -1/2 Street South 3rd Street 275 $750.75 1 Ith Street Helena Avenue Chicago Avenue 1500 $4,095.00 South 10th Street Avenue E Avenue H 925 $2,525.25 Avenue D South 27th Street South 29th Street 750 $2,047.50 Sub -total 19620 $53,562.60 Length Total Road Repairs 1 19620 $53,562.60 Equipment Rental $42,000.00 Road Rock $45,250.00 CRC Concrete Raising $30,000.00 South 5th Street Bridge Driveway Replacements $1,796.00 Total Cost 172,608.60 M; REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 3:00 p.m. February 12, 2007 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 Neal and seconded by Councilmember Rogers to approve the minutes of the January 22, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. RED( UEST A motion was made by Mayor Pro Tem Griffin and seconded by Councilmember Neal to approve a request from Marty Byrd, Little League Red , Sox, to utilize the softball field at Doornbos Park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. REPORT Darrell Bush, Chief of Police, reviewed the racial profiling report as required by Senate Bill 1074. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to accept the report from the Police Department as required by Senate Bill 1074. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. DEMOLITION A motion was made by Councilmember Rogers and seconded by Mayor Nugent to rescind the demolition order for 2223 Nederland Avenue as it has been brought up to code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, February 12, 2007 6. ORDINANCE A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve Ordinance No. 2007 -01, establishing prohibitions against dogs at large, establishing restrictions on dangerous dogs, and prohibiting public nuisances involving animals. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. HEALTH AND DENTAL INSURANCE A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve a contract with City- County Benefits Services to assist with the preparation and evaluation of bids for employee health and dental insurance; and appoint Terry Hale of City- County Benefits Services as the agent of record for the purpose of managing the competitive bid process for employee group benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to authorize the advertisement of bids for employee health and dental insurance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 8. RESOLUTIONS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve Resolution No. 2007 -03, requesting the grant period for Social Services Block Grant funding be extended. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve Resolution No. 2007 -04, authorizing participation in a joint coalition of cities to address common concerns regarding natural gas service issues. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Sheffield to approve Resolution No. 2007 -05, establishing a Neighborhood Empowerment Zone under Chapter 378 of the Texas Local Government Code and approving an agreement with Warren Holding, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. LNoes: None. 019 4 20 Minutes continued, February 12, 2007 9. ELECTION A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve Resolution No. 2007 -06, appointing Vera LeBlanc as Presiding Judge and James Morgan as Alternate Presiding Judge for the May 12, 2007 election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. BIDS /PURCHASES A motion was made by Councilmember Rogers and seconded by Councilmember Neal to authorize the advertisement of bids for pipe bursting associated with the replacement of sanitary sewer lines. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve the purchase of a pool filter for the swimming pool from Neptune- Benson, Inc., Coventry, RI, in the amount of $24,200.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve the construction of a fence at Ritter Park by Barnett Fence Co., , Port Neches, TX, in the amount of $10,909.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. CONTRACTS /AGREEMENTS A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone approving a Memorandum of Understanding with the Federal Bureau of Investigations regarding participation in the Safe Streets Task Force. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve an agreement with Warren Holdings, Inc. concerning projects within the Neighborhood Empowerment Zone. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve an agreement with Texas Aquatic Supply for installation of a pool filter for the swimming pool. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, February 12, 2007 12. PAYMENTS A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve a payment to Neches Engineers in the amount of $7,076.78, windstorm certifications. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $1,183.73, Hurricane Rita restoration to City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a payment to d.p. Consulting Engineers, Inc. in the amount of $2,500.00, FY 2006 Water /Sewer Improvements Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve payment of the bills for January. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 13. EXECUTIVE SESSION The regular meeting was recessed at 4:00 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.; potential litigation against Galveston Wireless, L.L.C.; and consultation with City Attorney. 14. RECONVENE The regular meeting was reconvened at 4:28 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is necessary. 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, stated that N.I.S.D. has agreed to have a joint election with the City in May. He reminded Council of the workshop to be held at Beaumont City Hall at 11:00 on Tuesday, February 13`h, to discuss the potential impact of electric deregulation. ozw Minutes continued, February 12, 2007 Councilmember Neal asked about the procedure to increase Council pay. Mr. Wimer stated that it would require a Charter change election and would probably be too late to include on the May 12`h ballot. 16. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to adjourn the meeting at 4:41 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas C 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member 1/ Billy Neal Council Member Debby Griffin Council Member 1/ Bert Rogers Council Member t/ Andre Wimer City Manager / LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk Richard Hughes City Attorney ✓ Darrell Bush Police Chief I/ Gary Collins Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager l -� iql� A� (-- R. A. Nugent, M or LaDonna Floyd, City Cler Date '024 CITY OF NEDERLAND ORDINANCE NO. 2007-01 AN ORDINANCE AMENDING CHAPTER 10, OF THE CODE OF TEXAS, BY AMENDING ' ORDINANCES, CITY OF NEDERLAND, SECTION 10 -57 BY ESTABLISHING NEW PROHIBITIONS AGAINST DOGS RUNNING AT LARGE, BY ESTABLISHING NEW REQUIREMENTS FOR AN OWNER OF DOGS AND CATS TO DISPOSE OF ANIMAL FECES, AND BY ESTABLISHING NEW PROHIBITIONS AGAINST PUBLIC NUISANCES RESULTING FROM MAINTAINING A DOG, CAT OR OTHER DOMESTICATED ANIMAL, WHICH CREATES THE ACCUMULATION OF ANIMAL WASTE; AND BY AMENDING SECTION 10 -59, RELATING TO DEFINITIONS, RESTRICTIONS ON DANGEROUS DOGS, PROCEDURE FOR DETERMINATION OF DANGEROUS DOGS, REQUIREMENTS FOR OWNERS OF DANGEROUS DOGS, REPORTING SIGNIFICANT EVENTS, AND EXCEPTIONS; AND PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Nederland routinely receives complaints concerning dogs at large, dog and cat excrement on private and public property, and dangerous dogs within the City limits; and WHEREAS, Section 822.041 et seq of the Texas Health and Safety Code provides statutory authority for restricting dangerous dogs, and further provides the City authority to adopt ordinances more restrictive than state law; and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the , Texas Local Government Code, provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; and WHEREAS, the City of Nederland has determined that the accumulation of dog and cat excrement within the City limits poses a threat to the public health and sanitation of the community and is a public nuisance; and WHEREAS, it is the intent of this Ordinance to serve the City's compelling interest to promote, protect and improve the health, safety, and welfare of the citizens of the City by creating restrictions on dangerous dogs and by making it unlawful to maintain a public nuisance caused by dog, cat and domesticated animal feces in the City limits. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I: That the Code of Ordinances of the City of Nederland, Section 10 -57, is hereby amended to read as follows: Sec. 10 -57 Dogs at Large; Dog and Cat Feces on Non - Owner's Premises; Accumulation of Animal Feces Constitutes a Public Nuisance; Penalty (a) It shall be unlawful for any person owning, having charge, custody, care or control of any dog to allow the dog to be at large within corporate limits of the City. For purposes of this section, the term "at large" means not completely confined in a building, wall or fence of sufficient strength or construction to restrain the dog, except when such dog is on a secured leash or chain not more than 20 feet in length, or held in the hands of the owner or person in charge, or under the direct supervision ' of the owner or person in charge within the limits of the owner's or person's private property. (b) It shall be unlawful for any person owning, having charge, custody or control of any dog or cat to allow the dog or cat to defecate on any public property or private (1 (f) A violation of any provision of Section 10- 57(a), (b) or (c) shall result in a penalty as provided in Sec. 1 -4 of the Cody of Ordinances, City of Nederland, Texas. The ' provisions of Section 10 -57(c) are intended to govem and protect public health and sanitation. (g) It is a defense to prosecution under (b) above that the owner or person in charge of the dog or cat immediately removed any excreta deposited by their animal and appropriately disposed of such excreta on their own property. SECTION II: That the Code of Ordinances of the City of Nederland, Section 10 -59, is hereby amended by adding new Sections 10 -59, 10 -59.1, 10 -59.2, 10 -59.3, 10 -59.4 and 10 -59.5 to read as follows: Sec. 10 -59 Dangerous Dogs (a) The Chief of Police is hereby authorized to destroy any dangerous dog found running at large within the City. (b) For purposes of this section, the term "dangerous dog" means a dog that: (1) has inflicted severe injury or death to a person or bites a person other than the owner or a member of the owner's immediate family, without provocation on public or private property; (2) has killed or severely injured a domestic animal without provocation while off the owner's property; (3) has a known or apparent propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals; or (4) is trained or harbored for fighting which may be determined based on whether the dog exhibits behavior and/or bears physical scars or injuries which indicate that the animal has been trained or used for the purpose of fighting. property within the corporate limits of the City, other than the private property of the person owning, having charge, custody, care or control of the dog or cat. It shall constitute prima facie evidence that the owner or person in charge of the dog allowed the unlawful act if the dog was at large as defined in (a) above, or if the dog was on a leash or chain held by the owner or person in charge, or if the dog was under the direct supervision of the owner or person in charge. (c) It shall be unlawful and constitute a public nuisance for any person to maintain a dog, cat, or other domesticated animal within the corporate limits of the City in such a manner as to endanger the public health by the accumulation of animal waste on any pen, enclosure, yard or similar place used for the keeping of such dog, cat or animal which causes fowl and offensive odor or causes a condition that is a breeding place for fleas, flies or other noxious insects and which is offensive to persons of ordinary sensibilities. (d) A person is subject to this section and is presumed to be in charge of the dog or cat if the person: (1) is the owner of the yard, lot or premises on which the dog or cat is normally maintained; (2) is the owner of the dog or cat; or (3) exercises possession of the dog or cat. (e) A culpable mental state is not required for the commission of an offense under this section. (f) A violation of any provision of Section 10- 57(a), (b) or (c) shall result in a penalty as provided in Sec. 1 -4 of the Cody of Ordinances, City of Nederland, Texas. The ' provisions of Section 10 -57(c) are intended to govem and protect public health and sanitation. (g) It is a defense to prosecution under (b) above that the owner or person in charge of the dog or cat immediately removed any excreta deposited by their animal and appropriately disposed of such excreta on their own property. SECTION II: That the Code of Ordinances of the City of Nederland, Section 10 -59, is hereby amended by adding new Sections 10 -59, 10 -59.1, 10 -59.2, 10 -59.3, 10 -59.4 and 10 -59.5 to read as follows: Sec. 10 -59 Dangerous Dogs (a) The Chief of Police is hereby authorized to destroy any dangerous dog found running at large within the City. (b) For purposes of this section, the term "dangerous dog" means a dog that: (1) has inflicted severe injury or death to a person or bites a person other than the owner or a member of the owner's immediate family, without provocation on public or private property; (2) has killed or severely injured a domestic animal without provocation while off the owner's property; (3) has a known or apparent propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals; or (4) is trained or harbored for fighting which may be determined based on whether the dog exhibits behavior and/or bears physical scars or injuries which indicate that the animal has been trained or used for the purpose of fighting. 026 (c) If a dog acts as stated in subsection (b)(1) or (b)(2) of this section or is trained or harbored for fighting, the animal control officer shall impound the dog immediately if it is at large; or if it is in the possession of some person, the animal control officer I may issue a notice requiring that the dog be taken to a designated location for impoundment. A dog that is impounded shall not be released until a final determination is made of the disposition of the animal. Section 10 -59.1 Declaration of Dangerous Dog (a) The animal control officer may declare a dog to be a dangerous dog if the official has sufficient cause to believe that the animal is dangerous as defined under section 10- 59(b). (b) Within five (5) working days of declaring a dog to be a dangerous dog, written notice shall be given to the owner that the animal control officer has determined that the animal is a dangerous dog. This notice shall also set out the requirements for a dangerous dog with which the owner must comply as set forth in section 10 -59.2. This notice shall be given to the owner by personal service or by certified mail, return receipt requested. In the event that personal delivery or certified mail, return receipt requested cannot be delivered, is refused, or is unclaimed, the animal control officer may then give notice by first class mail. Receipt of notice sent by first class mail is deemed to be two (2) working days after the letter is postmarked and deposited in the mail. (c) The owner of a dog declared to be a dangerous dog may appeal the determination of the animal control officer. Appeal of the animal control officer's determination is accomplished by filing a written request for a determination hearing with the City of Nederland Municipal Court no later than five (5) working days from receipt of the written notice referenced in section 10- 59.1(b). Failure to appeal the declaration by filing a written request for a determination hearing with the City of Nederland Municipal Court within five (5) working days from the owner's receipt of the written I notice described in section 10- 59.1(b) shall result in the animal control officer's declaration as being final. (d) If the owner of a dangerous dog cannot be determined after reasonable efforts to do so and after holding the dog for seventy -two (72) hours, the animal may be disposed of in a humane manner. If the owner of a dangerous dog that has been impounded is known, but cannot be located for service of the notice required herein either in person or by mail, the animal may be disposed of in a humane manner after a reasonable effort has been made to locate such owner. Nothing herein shall be construed to require the City to hold the dangerous dog longer than seventy -two (72) hours because it is unclaimed. (e) Determination hearing (1) Upon written request for a determination hearing by the owner of a dog declared dangerous, the animal control officer shall schedule said hearing with the City of Nederland Municipal Court. The determination hearing shall be conducted by the City of Nederland Municipal Court Judge within the (10) days of receipt of the request of such a hearing. The owner shall be notified of said hearing by first class mail. Failure of the owner to appear at the determination hearing shall in no way prevent the Municipal Court Judge from proceeding with the hearing. The decision of the Municipal Court Judge shall be the final administrative determination by the City. (2) Pending the outcome of the determination hearing, the dog must be securely confined in the animal control facility or, at the request of the owner of the dog, with a licensed veterinarian. The costs of securing the dog at the animal I control facility or with a licensed veterinarian pending the determination hearing shall be borne by the owner. 02? Section 10 -59.2 Requirements for Owner of a Dangerous Dog ' (a) No later than fifteen (15) days after a dog is declared dangerous, the owner must comply with all of the following requirements before the subject animal can be released to the owner by animal control: (1) Register the animal as a dangerous dog with the animal control officer. The cost of registration shall be fifty dollars ($50.00) per year. (2) Obtain and maintain liability insurance coverage or show financial responsibility in the amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by a dangerous dog causing bodily injury to a person or for damages to any person's property resulting from the keeping of such dangerous dog. A certificate of insurance or other evidence of meeting the above requirements shall be filed with the city animal control officer before said dangerous dog shall be returned to the owner if it is being held by the City or a veterinarian. (b) Upon return of the dangerous dog to the owner, the owner must comply with (a)(1) and (2) and the following requirements at all times the subject animal is under his/her ownership or control: (1) Restrain the dangerous dog at all times on a secure leash in the immediate control of a person or in a secure enclosure. The enclosure must have secure sides, a secure top attached to the sides, and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two (2) feet. In addition, the secure enclosure must be: a. locked; ' b. capable of preventing the escape or release of the dog; and c. clearly marked as containing a dangerous dog. (2) The owner shall post a sign on his premises warning that there is a "dangerous dog on the property." This sign shall be visible and capable of being read from the public street or highway. In addition, the area where the animal is kept must be kept secure from small children gaining access. (3) The dangerous dog, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the animal nor interfere with its vision or respiration, but shall prevent it from biting any person or animal. (4) A dangerous dog may not be chained to any object outside of a secure enclosure either on or off the property of the owner. (c) If the owner of a dangerous dog is unable or unwilling to comply with the ownership requirements listed above at any time, the animal must be euthanized in a humane manner by the City animal control officer or a licensed veterinarian or removed from the City of Nederland as directed by the Municipal Court Judge. Section 10 -59.3 Report Significant Events (a) The owner of a dangerous dog shall as soon as possible report to the animal control officer any of the following events: 1 (1) the escape of the animal; (2) an attack or biting of a person or other animal; (3) change of location within the City; ME (4) permanent removal of the dog from the City; or (5) death of the dog. Section 10 -59.4 Exceptions , (a) No dog shall be declared a dangerous dog if: (1) the threat, injury or damage caused by the animal was the result of a willful trespass upon anther's property, or the person injured was tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to commit a crime at the time of injury unless other independent grounds exist for such a declaration; or (2) the sole cause of the attack was that the animal was injured and responding to pain. (b) The provisions of this section shall not apply to dogs under the control of law enforcement or military. Section 10 -59.5 Penalty A violation of any provision of Sections 10 -59.2 or 10 -59.3 shall result in penalty as provided in Sec. 1-4, Code of Ordinances, City of Nederland, Texas. 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 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 reason 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 V: EFFECTIVE DATE AND PUBLICATION This Ordinance shall become effective after its approval, adoption, and publication pursuant to law. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, at a regular meeting this the ! c day of c /�,.� A.D., 2007. R. A. Nugent, yor City of Nederla d, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM: Richard D. Hughes, City Atto y ' City of Nederland, Texas CITY OF NEDERLAND RESOLUTION NO. 2007 -05 A RESOLUTION ESTABLISHING A NEIGHBORHOOD EMPOWERMENT ZONE UNDER CHAPTER 378 OF THE LOCAL GOVERNMENT CODE AND APPROVING AN INCENTIVE AGREEMENT WITH WARREN HOLDINGS, INC. WHEREAS, the City is authorized under Chapter 378 (Neighborhood Empowerment Zone) of the Local Government Code to create a Neighborhood Empowerment Zone if the City determines that the Zone would promote, (1) the creation of affordable housing, (2) an increase in economic development, (3) an increase in the quality of social services, education, or public safety provided to residents in the Zone, or (4) the rehabilitation of affordable housing in the Zone; WHEREAS, the City must make certain determination pertaining to such Zone in the area described in Exhibit "A ", which is also described in Exhibit "B "; WHEREAS, the City Council desires to approve an incentive agreement for an approximately 200,000 square foot retail center to be developed by Warren Holdings, Inc., as denoted in Exhibit "C ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. That the facts and opinions in the preamble are true and correct. SECTION 2. That the City Council of the City of Nederland does hereby find and make determinations as follows: ' (a) That the creation of the Zone would promote an increase in economic development in the Zone. (b) That the creation of the Zone benefits is for the purpose of increasing the public health, safety, and welfare of the persons in municipality. (c) That the creation of the Zone satisfies the requirements of Section 312.202 of the Tax Code in that it will likely contribute to the retention or expansion of primary employment or attract major investment in the Zone that would be a benefit to the property and that would contribute to the economic development of the City. SECTION 3. That the boundaries of the Nederland Neighborhood Empowerment Zone shall be as shown in Exhibit "A ". SECTION 4. That the City Manager is herein authorized to execute the incentive agreement with Warren Holdings, Inc. in substantially the same form as described in Exhibit "C. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this /_744, day of 2007. R.A. Nugen ayor ATTEST: `�GU�b''✓'1e ,J LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, s iitty Aftorvy �— ,'0 CITY OF NEDERLAND RESOLUTION NO. 2007 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE PARTICIPATION IN A JOINT COALITION OF CITIES KNOWN AS THE ALLIANCE OF GAS MUNICIPALITIES ( "AGM ") COMPRISED OF CITIES SERVED BY ATMOS ENERGY CORPORATION, CENTERPOINT ENERGY ENTEX, AND TEXAS GAS SERVICES TO WORK ON LEGISLATIVE ISSUES OF COMMON CONCERN AFFECTING RATEPAYERS; PROVIDING FOR THE FORMATION OF A STEERING COMMITTEE; PROVIDING FOR THE EMPLOYMENT OF LEGAL EXPERTS RELATED TO SAID EFFORTS; PROVIDING FOR THE SHARING OF COSTS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, during the last special session of the Texas Legislature, legislation was proposed which would severely limit the ability of municipalities to review the rates and services of investor -owned gas distribution companies; and, WHEREAS, it is highly likely that there will be legislation to deal with the adverse consequences of a court decision effectively eliminating municipal participation in the review of the reasonableness and prudence of gas purchases by local gas distribution companies; and, ' WHEREAS, it is highly likely that legislation will be proposed during the 80th Session of the Texas Legislature which could seriously harm the original jurisdiction of municipalities over the rates and services of local gas distribution companies as well as the effective participation by municipalities in ratemaking proceedings at the Railroad Commission of Texas; and, WHEREAS, as a regulatory authority with the responsibility to review the rates and services of gas companies, it is in the interest of Texas cities to participate in a coalition with municipalities who are similarly situated; and, WHEREAS, the municipalities served by the Atmos Energy Corporation, CenterPoint Energy Entex, and Texas Gas Services wish to form the coalition known as Alliance of Gas Municipalities ( "AGM ") in order to increase the effectiveness of municipalities with regard to the regulation of the rates and services of local gas distribution companies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that SECTION 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. That the City is authorized to join with other similarly situated municipalities to form and participate in the Alliance of Gas Municipalities ( "AGM "), to form a steering committee, and to work with said steering committee to provide direction and guidance to legal experts. ' SECTION 3. That the City employs the law firm of Herrera & Boyle, LLC, to represent the City and the coalition during the 801h Session of the Texas Legislature to help preserve and enhance the City's original jurisdiction over the rates and services of local gas distribution companies and to promote the effective participation by municipalities in the periodic review of the reasonableness and prudence of the purchase of natural gas by such entities. SECTION 4. That the law firm of Herrera & Boyle, PLLC, shall be paid an initial fee of $10,000.00 to act on behalf of the coalition in the Texas Legislature; provided, however, that any and all amounts above said fee shall require approval of the AGM Steering Committee. SECTION 5. That all costs shall be shared among AGM cities on a pro rata basis using the amount of customers serviced by the applicable cities' gas utility provider. SECTION 6. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 7. That this resolution shall become effective from and after its passage. PASEED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this /,�— day of , 2007. R.A. Nugent,jMayor ATTEST: LaDonna Floyd, City CI~rk APPROVED AS TO FORM AND LEGALITY; Richard D. Hughes, City I rney 1 nn� �3 CITY OF NEDERLAND RESOLUTION NO. 2007-03 A RESOLUTION OF THE CITY COUNCIL OF ' NEDERLAND, TEXAS, REQUESTING THE GRANT PERIOD FOR SOCIAL SERVICES BLOCK GRANT FUNDING TO BE EXTENDED. WHEREAS, Southeast Texas was directly impacted by the landfall of Hurricane Rita, September 24, 2005; and WHEREAS, Public Law 109 -148 (effective December 30, 2005, also known as the Department of Defense Appropriations Act, 2006) provided approximately $550 million in Social Services Block Grants (SSBG) to support hurricane recovery in affected states; and WHEREAS, the State of Texas was allocated $87,951,690 of the $550 million to aid in recovery efforts; and WHEREAS, the Southeast Texas Region through the South East Texas Regional Planning Commission was awarded $24,237,003 of the $87,951,690 by the Texas Health and Human Services Commission (HHSC) to support local hurricane recovery efforts; and WHEREAS, due to State and local requirements and processes, contracts to disburse funding to local agencies did not begin until the month of December, 2006; and WHEREAS, all funds must be fully expended by September 30, 2007; and WHEREAS, due to the types of projects funded and the amount of funding ' provided, it is in the best interest of the citizens of Southeast Texas additional time be provided for the expenditure of grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: SECTION 1. That the Southeast Texas Social Services Block Grant Advisory Committee requests that an extension to the September 30, 2007 deadline for expenditure of funds be requested. SECTION 2. That the request be made to the Texas Health and Human Services Commission and/or pertinent Federal agencies and/or representatives. SECTION 3. That this Resolution is endorsed and passed by the Southeast Texas Social Services Block Grant Advisory Committee, Tuesday, January 16, 2007. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this Q day of 2007. cr R.A. Nugent, Wyor ATTEST: o^ti."— c LaDonna Floyd, City Clerk , APPROVED AS TO FORM AND LEGALITY: /,�L Z— Richard D. Hughes, City Attom ' RESOLUTION NO. 2007 -06 A RESOLUTION APPOINTING ELECTION OFFICIALS IN ACCORDANCE WITH THE TEXAS ELECTION CODE. WHEREAS, in accordance with the Texas Election Code the governing body of the City of Nederland shall appoint the Presiding Judge, Alternate Presiding Judge, and Presiding Judge of the Early Voting Ballot Board for the City of Nederland General Election to be conducted May 12, 2007. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council hereby appoints Vera LeBlanc as Presiding Judge and James Morgan as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed four (4) clerks; and, THAT the Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. Vera LeBlanc 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. PASSED AND APPROVED at a regular meeting of the City Council of the City of Nederland this the 12`h day of February , 2007. ATTEST: C", Og�' LaDonna Floyd, City Clerk City of Nederland, Texas M�. R. A. Nu a Mayor City of Ned land, Texas , "l 0 0. ; 034 WORKSHOP OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 10:30 a.m. February 13, 2007 1. MEETING The workshop was called to order at 10:30 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. ELECTRICITY DEREGULATION — 11:00 A.M. A workshop was held at 11:00 a.m. at the City of Beaumont City Hall, Council Chambers, 801 Main Street, Beaumont, Texas to discuss the potential impact of electric deregulation. Dan Lawton, Lawton Law Firm, P.C., presented the Entergy Gulf States, Inc. proposed transition to competition plan to cities located in their service territory. On February 9, 2007, the PLC ruled to allow the plan to proceed as a contested case. The plan will cost an estimated $1 billion and the proposed rates after deregulation are estimated to increase in excess of 39 %. After the review of the potential impact of deregulation Mr. Lawton suggested that cities work together to have legislation passed to delay deregulation. He will continue to keep the cities in the service territory up -to -date on this matter and will make suggestions on the best way to get legislation approved for the delay request. The workshop was adjourned at 11:45 a.m. 4. RECONVENE The workshop was reconvened at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas, at 1:30 p.m. by Mayor Nugent. 3. AD30URN There being no further discussion the workshop was adjourned at 1:30 p.m. by Mayor R. A. Nugent. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas II! CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member ✓ Billy Neal Council Member ✓ Debby Griffin Council Member ✓ Bert Rogers Council Member ✓ Andrb Wimer City Manager ✓ LaDonna Floyd City Clerk Come Zepeda Acdng City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief r/ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Official -.Building Victoria Klehn Librarian ✓/ Kelly Galloway Assistant to the City Manager R. A. Nugent, Mayor ' LaDon a Floyd, City Clerk Date WORKSHOP OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. February 26, 2007 1. MEETING 2. The workshop was called to order at 5:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. Bob Barnard, American Traffic Solutions, gave a presentation on photo traffic safety and enforcement solutions that ATS provides. He explained all areas of the red light cameras and how they are working with cities throughout the United States. Andre' Wimer, City Manager, explained that the presentation was to give the City Council more detailed information on how red light cameras work. More information and a possible recommendation will be provided at a later date. 3. ADJOURN There being no further discussion the workshop was adjourned at 6:07 p.m. by Mayor R. A. Nugent. ATTEST: La Donna Floyd, City Cle k City of Nederland, Texas C R. A. Nugent, Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nu ent Mayor Tim Sheffield Council Member Billy Neal Council Member Debb Griffin Council Member Bert Rogers Council Member Andre Wimer City Manager LaDonna Floyd City Clerk ✓ Corrie Ze eda Acting City Clerk Richard Hughes Citv Attorney Darrell Bush Police Chief Gary Collins Fire Chief '✓ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works f✓ Rod Hatch Building Official �✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ R. A Nugent, May# LaDonna Floyd, City Clerk o?- a(0- o -'t ��9cah�P Date i 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 6 CITY OF NEDERLAND 6:00 p.m. 1. MEETING February 26, 2007 The meeting was called to order at 6:08 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 Sheffield to approve the minutes of the regular meeting of February 12, 2007, and the workshop of February 13, 2007 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. AUDIT Brad Brown, Edgar, Kiker and Cross, PC, reviewed the FY 2005 -2006 audit. Mr. Brown stated that they issued an "unqualified opinion" which is the highest possible. He commended Cheryl Dowden, Director of Finance, and City staff for their assistance in conducting the audit. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Griffin to accept the FY 2005 -2006 audit as presented by Edgar, Kiker & Cross, PC. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. STREETS AND SIDEWALKS A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to authorize the closure of various City streets for Heritage Festival activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 5. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a Memorandum of Understanding with the Federal Bureau of Investigations regarding participation in the Safe Streets Task Force. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, February 26, 2007 6. PAYMENTS A motion was made by Mayor Pro Tern Griffin and seconded by Mayor Nugent to approve payments to Neches Engineers as follows: $3,288.53, windstorm certifications; and, $2,542.65, windstorm certifications. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve a payment to Schaumburg & Polk, Inc. in the amount of $18,540.47, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. EXECUTIVE SESSION The regular meeting was recessed at 6:30 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, Entergy, Inc. and Entergy Services, Inc.; potential litigation against Galveston Wireless, L.L.C.; and consultation with City Attorney. 8. RECONVENE I The regular meeting was reconvened at 6:42 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and that no action is necessary. 9. OFFICIALS' COMMENTS Andre' Wimer, City Manager, explained that the State of Texas has called for a Special Election to be held on May 12`h and this may affect the City's election process. LaDonna Floyd, City Clerk, will attend a meeting between the political subdivisions and Jefferson County on Wednesday, February 28`h, to discuss the upcoming elections. 10. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to adjourn the meeting at 6:43 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor LaDonna Floyd, City Clerk 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor q/ Tim Sheffield Council Member l✓ Billy Neal Council Member Debby Griffin Council Member Bert Rogers Council Member ✓ Andre Wimer __________City Manager LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk Richard Hughes City Attorney l✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief L/ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official �✓ Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager I ✓ R. A. Nugent, yor LaDonna Floyd, City Clerk -A- Date 0 1'. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. March 12, 2007 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 Sheffield and seconded by Councilmember Neal to approve the minutes of the February 26, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. ELECTION A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to approve Resolution No. 2007 -07, ordering an election to be held May 12, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve an Interlocal Agreement with Jefferson County for the conduct of a joint election to be held Saturday, May 12, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. RESOLUTION A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve Resolution No. 2007 -08, retaining The Parker Law Firm in matters regarding electric deregulation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. STREET LIGHT REQUEST A motion was made by Mayor Pro Tern Griffin and seconded by Mayor Nugent to authorize the installation of a street light at 520 - 22nd Street. MOTION CARRIED. 7 Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, March 12, 2007 A motion was made by Councilmember Rogers and seconded by LK Councilmember Sheffield to authorize the installation of a street light at 2711 Avenue H. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve payment of the bills for the month of February. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. OFFICIALS' COMMENTS None. W 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to adjourn the meeting at 3:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas I R. A. Nugent, Mayor City of Nederland, Texas (1It;i 044 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member Billy Neal Council Member/ Debby Griffin Council Member (/ Bert Rogers Council Member 1/ Andre Wimer City Manager LaDonna Floyd City Clerk V/' Corrie Ze eda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief l/ Cheryl Dowden Director of Finance t� Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. A. Nugen , May c4je , S-,gad LaDonna Floyd, City Clerk Date it 1 1 �, I RESOLUTION NO. 2007 -07 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON MAY 12, 2007, FOR THE PURPOSE OF ELECTING TWO COUNCILMEMBERS, ONE FOR WARD I AND ONE FOR WARD III; PROVIDING FOR A JOINT ELECTION ON MAY 12, 2007, WITH JEFFERSON COUNTY, AND ANY OTHER CONTRACTING ENTITY FOR THIS JOINT ELECTION; PROVIDING FOR ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland provide that on May 12, 2007 there shall be elected the following officials for this City: One (1) Council member, Ward I One (1) Council member, Ward III 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: Section 1. That a general municipal election is hereby called and ordered for the 12th day of May, 2007, at which election all qualified voters residing within the corporate limits of the City may vote for the purpose of electing two (2) councilmembers - one for Ward I and one for Ward III. Said election shall be held in accordance with the Texas Election Code, Section 2. That all independent candidates at the election to be held on the second Saturday in May, 2007, 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 than the sixty- second (62nd) days before the election or earlier than the 91" 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 10, 2007, which is a Saturday, therefore, will be moved to the next regular business day, February 12, 2007 at 8:00 a.m., with the last day for filing to be March 12, 2007 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. Section 3. That for the general election called and ordered for the purpose of electing two councilmembers - one for Ward I and one for Ward III the Jefferson County Clerk shall act as Contracting Officer. The election officials for each City of Nederland precinct in Jefferson County shall be designated by the County Clerk of Jefferson County; and such election officials shall conduct the City's general election in accordance with a "Joint Election Agreement and Contract' to be approved and entered into at a later date. The County Clerk of Jefferson County is hereby authorized and instructed to provide and furnish all necessary election supplies for all City of Nederland City precincts. The official mailing address of the County Clerk is P. O. Box 1151, Beaumont, Texas 77704, and the physical address is 1149 Pearl, Beaumont, Texas 77704. Voting at such election shall be upon the iVotronic electronic voting system. Section 4. That the polling places on election day, May 12, 2007, for the voting precincts in the City of Nederland are as follows: Jefferson County Precinct No. 36 - Langham Elementary 800 - 12 Street Nederland, Texas 0' Jefferson County Precinct No. 37 - Highland Park Elementary Hours 200 South 6" Street April 30 — May 4, 2007 Nederland, Texas Jefferson County Precinct No. 56 - C. O. Wilson Middle School 7:00 a.m. to 7:00 p.m. 2620 Helena May 6, 2007 Nederland, Texas Jefferson County Precinct No. 69 - Nederland Recreation Center 7:00 a.m. to 7:00 p.m. 2300 Avenue H Nederland, Texas Jefferson County Precinct No. 83 - Central Middle School 200 — 17" Street Nederland, Texas Section 5. That the polls at each of the polling places on Election Day shall be open from 7:00 a.m. to 7:00 p.m. Section 6. That early voting by personal appearance shall be at the following location, dates, and times: City of Nederland Office Building, 1400 Boston Avenue, Nederland, Texas Day Date Hours Monday - Friday April 30 — May 4, 2007 8:00 a.m. to 5:00 p.m. Saturday May 5, 2007 7:00 a.m. to 7:00 p.m. Sunday May 6, 2007 12:00 p.m. to 5:00 p.m. Monday— Tuesday May 7 — 8, 2007 7:00 a.m. to 7:00 p.m. Section 6. All ballots shall be prepared in accordance with Texas Election Code. Optical Scan ballots shall be used for early voting by mail and for provisional ballots. The iVotronic Voting System v8.0.1.0 (Direct Recording Electronic) shall be used for early voting by personal appearance and voting on Election Day. The City Council hereby adopts for use in early voting and Election Day voting the iVotronic Voting System v8.0.1.0 (DRE) as approved by the Secretary of State. The Jefferson County County Clerk shall receive applications for a ballot to be voted by mail until the close of business on Friday, May 4, 2007. Requests for applications should be mailed to: Carolyn Guidry, County Clerk, Jefferson County, P. O. Box 1151, Beaumont, Texas 77704. Section 7. That Resolution No. 2007 -01 approved by the City Council on January 22, 2007, and Resolution No. 2007 -06 approved by the City Council on February 12, 2007 are hereby repealed. Section 8. That if any section, subsection, sentence, clause, or phrase of this resolution, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this resolution, and to such end the various portions and provisions of this resolution are declared to be severable; and the City Council of the City of Nederland, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 9. 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 bulletin 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 AND APPROVED on this the 12" day of March, 2007. R. A. Nugent, yor City of Nederla d, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard City Attorney City of Nederland, Texas 1 I �w 04S JOINT ELECTION AGREEMENT AND 'ELECTION SERVICES CONTRACT BETWEEN JEFFERSON COUNTY AND CITY OF NEDERLAND FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD SATURDAY, MAY 12, 2007 TO BE ADMINISTERED BY THE JEFFERSON COUNTY CLERK 1. JURISDICTION 1.1 The Governor of the State of Texas has ordered a special election to be held on May 12, 2007, for a constitutional amendment election. 1.2 The Mayors, the School Board and the Port Commission of the following political sub - divisions: City of Beaumont, Beaumont Independents School District, Port of Beaumont, Bevil Oaks, City of China, City of Groves, City of Nederland, Nederland Independent School District, Nome, City of Port Arthur, Port ' Arthur Independent School District, Port of Port Arthur, City of Port Neches, Port Neches - Groves Independent School District, Sabine Pass Independent School District, either have or may order an election to be held on the 12th day of May, 2007, relating to the affairs of each political sub - division. 1.3 A list of each county election precinct and election day polling location involved in the joint election, is shown in Attachment "A ". 2. ADMINISTRATION The Jefferson County Clerk agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this agreement. Each participating authority agrees to pay Jefferson County for equipment, supplies, services and administrative costs as outlined in this agreement. The Jefferson County Clerk will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. 1 PAGE 1 3. LEGAL DOCUMENTS 3.1 Each participating authority will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. 3.2 The Jefferson County Clerk will be responsible for making the submission required by the Federal Voting Rights Act of 1965, as amended, with regard to administration of the county constitutional amendment election only. Any submission of pre- clearance to the Department of Justice, will be the responsibility of each participating authority. Preparation of necessary bilingual materials for notices and preparation of the text for the official ballot will also be the responsibility of each participating authority. Each participating authority will provide a copy of their respective election notices and justice submission to the Jefferson County Clerk. DIRECT RECORD VOTING SYSTEM /OPTICAL SCAN 4.1 Each participating authority agrees that voting at the joint election will be by use of a direct record and optical scan voting system approved by the Secretary of State in accordance with the Texas Election Code. The Jefferson County Clerk's Office will be responsible for the preparation of programs and the testing of the direct record system and optical scan system used for tabulating the ballots. 4.2 Jefferson County agrees to provide direct recording electronic devices (DRE), and voting booths for the joint election. 5. VOTING LOCATIONS 5.1 Voting locations will be the voting locations for the county precincts as approved by Jefferson County Commissioners' Court on July 31, 2006. The voting locations are listed in Attachment "B" of this agreement. In the event a voting location is not available, the Jefferson County Clerk will arrange for use of an alternate location with the approval of each participating authority affected by the change. Jefferson County will be responsible for submitting any polling location changes to the Department of Justice for pre - clearance that changes from the list approved on July 31, 2006. The Jefferson County Clerk will notify each participating authority of any changes from the locations listed in Attachment "A ". 6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL 6.1 The Jefferson County Commissioners' Court approved the appointment of the presiding judge and alternate for each PAGE 2 050 polling location on July 31, 2006. The Jefferson County Clerk shall arrange for the training and compensation of all presiding judges and clerks. The election judges are listed in ' Attachment "B" of this agreement. If a person is unable or unwilling to serve, the Jefferson County Clerk will submit to the Commissioners' Court a substitute name for the precinct and notify each participating authority affected by the change. 6.2 In compliance with the Federal Voting Rights Act of 1965, as amended, precincts containing more than 5% Hispanic population, according to the 2000 census statistics are required to have interpreter assistance. If a presiding judge is not bilingual and is unable to hire a bilingual clerk, the Jefferson County Clerk may make a recommendation. The Jefferson County Clerk has available on staff three bilingual deputy clerks who may assist at polling locations if necessary. 6.6 The Jefferson County Clerk will hold schools of instruction on the use of electronic and optical scan voting equipment and on election laws. All Election Judges and Alternates must attend an election judge training session taught by the Jefferson County Clerk. 1 6.7 The election judges are responsible for picking up election supplies at the time and place determined by the Jefferson County Clerk. Each Election Judge and Alternate will receive $9.00 per hour and each clerk will receive $8.00 per hour (for a maximum of 14 hours) on Election Day. The election judge will receive an additional $25.00 and the person accompanying the elections judge will receive $10.00 for picking up the election supplies prior to Election Day and for delivering election returns and supplies to the Central Counting Station. All poll workers for the Early Voting period under the supervision of the Early Voting Clerk, Carolyn L. Guidry will be compensated at a rate of $8.00 per hour. 6.8 The Jefferson County Clerk will employ other personnel necessary for the proper administration of the election, including such part -time help as is necessary to prepare for the election, to ensure the timely delivery of supplies and equipment during the period of early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Personnel working in support of the central counting station on election night will receive pay ' PAGE 3 for at least two hours, minimum call for service, regardless of the actual hours worked. ' 7. SUPPLIES AND PRINTING 7.1 The Jefferson County Clerk will arrange for all election supplies and election printing, including, but not limited to, all forms, signs and other materials used by the election judges at the voting locations. 7.2 The Jefferson County Clerk will provide instructions and other information needed to enable the election judges to conduct a proper election. 1 usj 7.3 Each participating authority shall furnish the Jefferson County Clerk a list of candidates and /or propositions showing the order and the exact manner in which their candidate names and /or proposition(s) are to appear on the official ballot. The list will be delivered to the Jefferson County Clerk no later than 12:00 noon on March 15, 2007. Each participating authority will be responsible for proofreading and approving the ballot in so far as it pertains to that authority's candidates and /or propositions. 8. OPTICAL SCAN BALLOTS 8.1 The ballot allocation for Election Day is based on providing enough ballots in every reporting precinct to handle the same turnout as in comparable elections that utilized the optical scan ballot plus an additional twenty -five percent (25 %) of that number. 8.2 Ballot On Demand will print the ballots for Early Voting By Mail as needed. Ballot On Demand will print the Provisional ballots for the Early Voting period and a minimum of twelve (12) ballots per ballot style will be available at each of the Early Voting locations. Additional ballots for the Early Voting period will be printed on an as needed basis. 9. RETURNS OF ELECTIONS 9.1 The Jefferson County Clerk will be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. PAGE 4 052 9.2 The participating authorities hereby, in accordance with Section 127.002, 127.003 and 127.005 of the Texas Election Code, appoint the following central counting station officials: Manager - Christopher Mouton I Tabulating Supervisors Paul Helegda, MIS Director and Ken Seholm, Asst. MIS Director Presiding Judge - Pat Anderson Alternate Judge - Donna Ferchak 9.3 The manager or his representative will deliver timely cumulative reports of the election results as precincts are tabulated. The manager will be responsible for releasing cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies. 9.4 The Jefferson County Clerk will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns and provisional ballots have been tabulated. All participating authorities will be responsible for the official canvass of their respective elections. 9.5 The Jefferson County Clerk will be responsible for conducting the ' post election manual recount, unless a waiver is given from the Secretary of State in accordance with Section 127.201 of the Texas Election Code. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. 10. ELECTION EXPENSES 10.1 The participating authorities agree to share the costs of administering the May 12, 2007 Joint Election. An administration fee not to exceed 10% of the total value of the contracted services per entity shall be assessed as authorized by the Texas Election Code, Sec. 31.100. Allocation of equipment and miscellaneous cost will be proportionate to the number of shared polling locations and programming cost will be assessed per entity based on the actual hours spent coding and changing data for that entity. 10.2 Each participating authority, will pay proportionately the expenses for early voting by mail and personal appearance based on actual cost for labor, postage and supplies. 10.3 Final election expenses will be determined within 30 -45 days , after the election. The Jefferson County Clerk will provide each participating authority with a detailed billing statement. Any disputed amount should be reported within ten (10) days of PAGE 5 1 1 1 receipt of the statement. Payment is due upon receipt of the bill 053 if there are no discrepancies. 11. SECURITY DEPOSIT 11.1 The signing of this Joint Agreement is in lieu of a deposit. 12. RECORDS OF THE ELECTION 12.1 Carolyn L. Guidry, Jefferson County Clerk is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. 12.2 Access to the election records will be available to each participating authority as well as to the public in accordance with the Texas Public Information Act, Chapter 552, Government Code, at the office of the Jefferson County Clerk, 1001 Pearl Street, Beaumont, Texas, at any time during normal business hours. 12.3 Records of the election will be retained and disposed of in accordance with the records retention schedules and in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the Jefferson County Clerk shall maintain the records until final resolution or until final judgement, whichever is applicable. It is the responsibility of any participating authority to bring to the attention of the Jefferson County Clerk any notice of any pending election contest, investigation, litigation, or Texas Public Information Act request, which may be filed with a participating authority. 13. EARLY VOTING 13.1 Carolyn L. Guidry, Jefferson County Clerk, will be appointed as early voting clerk in compliance with Sections 271.006 of the Texas Election Code. Other deputy early voting judges /clerks will be appointed by the early voting clerk as needed to process early voting mail and to conduct early voting at the main location and branch locations. 13.2 Early voting by personal appearance will be conducted at the locations and times as described in Attachment "C ". Any qualified voter for the Joint Election may vote early by personal appearance at either the main early voting location or at any one of the branch locations. PAGE 6 054 13.3 All requests for early voting ballots by mail that are received by participating authorities will be transported on the day of receipt to the Jefferson County Clerk, 1001 Pearl ' Street, Beaumont, Texas 77701 for processing. Persons voting by mail will send their voted ballots to the Jefferson County Clerk, P.O. Box 1151, Beaumont, Texas 77704 -1151. 13.4 All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election Code. (Exhibit D) 14. ELECTION REPORTS The Early Voting Clerk will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals to each participating authority each day of Early Voting for the previous day's voting activity. The political sub- divisions will assist in picking up the voter sign -in sheets each early voting day where practical and delivery to the County Clerk's office or the Counting Station by 4:OOpm. When possible, the Early Voters' reports will be delivered by electronic means via e -mail, facsimile, or website. 15. RUNOFF ELECTION ' In the event a runoff is necessary, the agreement will automatically be extended to cover the runoff, unless a participating authority states in writing before April 30, 2007, that it does not wish to participate in a joint runoff. The Jefferson County Clerk will provide each participating authority in the joint runoff election with an estimate of funds to be deposited in a special joint runoff election account. The funds must be deposited no later than five (5) days after the runoff estimate figures are received from the Jefferson County Clerk. 16. RECOUNT A Recount cost would be billed at the applicable rate to the authority responsible for the canvassing of that election. The guidelines for a Recount can be found in the Texas Election Code, Title 13, Chapters 211 through 216. 1 PAGE 7 1 1 17. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051, 2.052 and 2.053 of the Texas Election Code, may withdraw from the joint election contract. Any expenditure incurred prior to withdrawal shall be billed separately and that contracting authority shall be removed from the contract. An addendum page(s)to the contract shall be provided to the remaining participants no later than five (5) days after notification of all intents to withdraw have been received by the Jefferson County Clerk. 18. NOTICE Whenever this agreement requires any consent, approval notice, request or demand, it must be in writing to be effective and shall be delivered to the Jefferson County Clerk: Carolyn L. Guidry, Jefferson County Clerk, P.O. Box 1151,Beaumont, TX 77704 -1151 PAGE 8 Q5f County: APPROVED AND EXECUTED ON , 2007. , Ronald L. Walker, COUNTY JUDGE ATTEST: CAROLYN L. GUIDRY, COUNTY CLERK APPROVED AS TO FORM: TOM RUGG, ' FIRST ASSISTANT DISTRICT ATTORNEY Entity: APPROVED AND EXECUTED ON tgaA- I% l a , 2007. R. A. Nugent ayor ATTEST: LaDonna Floyd, City Clerk PAGE 9 1 ��. R CITY OF NEDERLAND RESOLUTION 2007 -08 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN THE RETENTION OF A REPRESENTATIVE TO FACILITATE THE PASSAGE OF LEGISLATION DELAYING RETAIL OPEN ACCESS IN ENTERGY GULF STATES, INC.'S SERVICE AREA WHEREAS, on December 29, 2006, Entergy Gulf States Inc. ( "EGSI" or "Company ") filed its transition to competition plan with the Public Utility Commission of Texas ( "PUC" or "Commission ") in accordance with Public Utilities Act, Tex. Util. Code ( "PURA ") § 39.452(8); WHEREAS, EGSI's plan, as filed, contemplates that EGSI will join the Electric Reliability Council of Texas ( "ERCOT") and that competition will commence in 2013; WHEREAS, EGSI estimates that the costs ofjoining ERCOT and transitioning to competition will cost over $1 billion; WHEREAS, EGSI requests reimbursement of its costs to join ERCOT and transition to competition; WHEREAS, the PUC has docketed this matter as PUC Docket No. 33687 and determined that the case shall proceed as a contested case; WHEREAS, EGSI estimates that competition will result in at least a 40% increase in rates; ' WHEREAS, all other non - ERCOT utilities have delayed the transition to competition for their service areas; WHEREAS, the Cities' Steering Committee has recommended retaining the Carl Parker Law Firm as a representative to facilitate the passage of legislation delaying retail open access in EGSI's service area, as has been done with other non -ERGOT utilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. The City of Nederland shall participate with other Cities in the retention of The Parker Law Firm as a representative to facilitate the introduction and passage of legislation delaying retail open access in EGSI's service area. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this fa day of MGnC1 -2007. R.A. Nugen ayo ATTEST: LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 26, 2007 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 Neal and seconded by Councilmember Sheffield to approve the minutes of the March 12, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. BIDS /PROPOSALS A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to award bids received for pipe bursting associated with the replacement of sanitary sewer lines to Allco, Inc., Beaumont, TX. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. CONTRACTS /AGREEMENTS A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve an agreement with Tower Medical Center in Nederland for alcohol and drug testing services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to approve a one (1) year renewal of the contract with Servall Services, Inc. for janitorial services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve the appointment of Edgar, Kiker & Cross, PC to perform the City's audit for FY 2006 -2007 in the amount of $29,500.00 if Single Audit Act requirements are not necessary, and $34,500.00 if Single Audit Act requirements are necessary. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, March 26, 2007 HEALTH INSURANCE I A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve a Declaration of Trust establishing the City of Nederland Employee Benefits Trust for the purpose of providing health benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. RESOLUTION A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve Resolution No. 2007 -09, supporting the passage of HB 2818 to delay electric deregulation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. PAYMENTS A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Neal to approve payment to Neches Engineers in the amount of $2,107.05, windstorm certifications. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Griffin and seconded by Mayor Nugent to approve payment to Schaumburg & Polk, Inc. in the amount of $6,373.00, Beauxart Garden Road Improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. OFFICIALS' COMMENTS Andre' Wimer, City Manager, announced he will be attending a meeting this week regarding the CDBG Disaster Recovery Funds to obtain further information on the environmental clearance process. On Thursday he will also attend the Regional Review Committee meeting for the CDBG projects. ter, 0 " +11 Minutes continued, March 26, 2007 10. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to adjourn the meeting at 6:40 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Tim Sheffield Council Member I/ Billy Neal Council Member Debby Griffin Council Member (/ Bert Rogers Council Member (/ Andre Wimer City Manager ✓ LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk Richard Hughes City Attorne ✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief Cheryl Dowden Director of Finance t✓ Steve Hamilton Director of Public Works / Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ R. A. Nugent, Mayor e'Acucl��' s�g�'j LaDonna Floyd, City Clerk Date Ilia Agreement entered into on the date stated below, between the Ci y of Nedet R� of Texas, a municipal corporation, herein referred to as CITY, and T d - Cewtec 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. I AGREEMENT (EMPLOYEE DRUG /ALCOHOL TESTING 2 3 2007 LU)j Agreement entered into on the date stated below, between the Ci y of Nedet R� of Texas, a municipal corporation, herein referred to as CITY, and T d - Cewtec 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. I 1 1 1 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, 2007 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 (n ���� 2007. QLa ATTEST: LaDonna Floyd, City Clerk TOWER MEDICAL CENTER OF NEDERLAND CITY OF NEDERLAND, TEXAS By:4' Andre` Wimer Its: City Manager n(,,o 004 EXHIBIT A ' AGREEMENT FOR SERVICES APRIL, 2007 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) $15.00 Review and consultation with the applicant/employees regarding his/her test results. 1 Non -DOT Drug Screen With Confirmation $25.00 Alcohol Test $25.00 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 alphanumerically generated list of employees for your company's random drug testing program currently is in place. A flat fee will be assessed for additions and/or deletions to the current list. $5.00 Each random pull (monthly fee) $25.00 1 - .- .,...... eA'— Vninl. 4002 MUTUAL AGREEMENT TO EXTEND RFP PROPOSAUCONTRACT In accordance with the RFP Proposal /Contract effective April 1, 2005, specifically Section 21, the City of Nederland and Servall Services, Inc. mutually agree to extend the existing RFP Proposal /Contract for one year beginning on April 1, 2007 under the existing terms, conditions, and fees. Executed this _ ,t of Anri 1 2007, but effective as of the effective date set forth herein. ATTEST: Labonna Floyd, City Clerk 11 SERVALL SERVICES, INC. By: " Name: r,".antos Its: District 41 aaer CITY OF NEDERLAND, TEXAS By: Name: Andre' Wimer, Its: City Manager 066 1 CITY OF NEDERLAND RESOLUTION 2007 -09 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, SUPPORTING THE PASSAGE OF HOUSE BILL 2818 DELAYING RETAIL OPEN ACCESS IN ENTERGY GULF STATES, INC.'S SERVICE AREA. WHEREAS, on December 29, 2006, Entergy Gulf States Inc. ( "EGSI" or "Company ") filed its transition to competition plan with the Public Utility Commission of Texas ( "PUC" or "Commission ") in accordance with Public Utilities Act, Tex. Util. Code ( "PURA ") § 39.452(8); WHEREAS, EGSI's plan, as filed, contemplates that EGSI will join the Electric Reliability Council of Texas ( "ERCOT ") and that competition will commence in 2013; WHEREAS, EGSI estimates that the costs of joining ERCOT and transitioning to competition will cost over $1 billion; WHEREAS, EGSI requests reimbursement of its costs to join ERCOT and transition to competition; WHEREAS, the PUC has docketed this matter as PUC Docket No. 33687 and determined that the case shall proceed as a contested case; WHEREAS, EGSI estimates that competition will result in at least a 40% I increase in rates; WHEREAS, all other non - ERCOT utilities have delayed the transition to competition for their service areas; WHEREAS, EGSI has increased its rates over the last year through surcharges designed to recover $217.5 million for EGSI's failed transition to competition and $321 million to restore power following Hurricane Rita; WHEREAS, many customers in the EGSI service area are still recovering from Hurricane Rita and the additional rate increases contemplated by EGSI's transition to competition plan could stifle economic development; WHEREAS, on March 8, 2007, House Bill 2818, delaying retail open access in EGSI's service area, was introduced; WHEREAS, the Cities' Steering Committee has recommended supporting the passage of House Bill 2818 delaying retail open access in EGSI's service area, as has been done with other non - ERCOT utilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. The City of Nederland supports the passage of House Bill 2818 delaying retail open access in EGSI's service area. House Bill 2818 is attached hereto. SECTION 2. This resolution shall be effective from and after the date of its I passage. itrW PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this day of /nGA , 2007. ' R.A. Nugent, V4r LaDonna Floyd City Clerk APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney 1 1 065 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 23, 2007 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor Pro Tern Debby Griffin 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 Councilmember Rogers to approve the minutes of the April 9, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 3. ORDINANCE Andre' Wimer, City Manager, explained that the truck route ordinance is on this agenda as a discussion item only due to recent deliberations regarding the City's through truck routes. Richard Hughes, City Attorney, reported that he has researched the legality of the City rescinding the truck route designation for Nederland Avenue and there does not appear to be any limitations regarding either the establishment or removal of a city street for such a listing. Under the City's current ordinance Nederland Avenue and Twin City Highway are the only truck routes. Of course, the City cannot remove the designation on Twin City Highway because it is a State highway, but the City Council could remove Nederland Avenue as a through truck route if they desire. Councilmember Rogers asked that this item be placed on the next agenda for consideration. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve an Amendment to Ordinance No. 164, setting regular dates for council meetings. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers, Noes: None. Absent: Mayor Nugent. 4. RESOLUTION A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve Resolution No. 2007 -10, approving an agreement with the Nederland Youth Football League allowing for the construction, use, and maintenance of a football field and related facilities at Homer Nagel Park. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 7 1 C Minutes continued, April 23, 2007 S. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a contract with David J. Waxman, Inc. for Community Development Block Grant /Disaster Recovery Fund Contract assistance in the amount of $35,000.00. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 6. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve a payment to Schaumburg & Polk, Inc. in the amount of $620.00, wastewater discharge permit. MOTION CARRIED. Ayes: Mayor Pro Tem Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 7. EXECUTIVE SESSION The regular meeting was recessed at 6:25 p.m. by Mayor Pro Tern Griffin for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, personnel - annual evaluation of City Manager Andre' Wimer; 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.; and, consultation with City Attorney. S. RECONVENE The regular meeting was reconvened by Mayor Pro Tern Griffin at 6:45 p.m. She announced that the Executive Session was held for informational purposes only. OFFICIALS' COMMENTS Andre' Wimer, reported that the Street Program should begin next week. He added that the pipe bursting documents have been received and that project should begin within the next couple of weeks. 10. ADJOURN There being no further business a motion was made by Councilmember Sheffield and seconded by Councilmember Neal to adjourn the meeting at 6:46 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. LaDonna Floyd, City Clerk 1 Debby Griffin, MaVo Pro Tern 0 r1 0'� 0 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor �I1�eSS ✓ Tim Sheffield Council Member —Ward I Billy Neal Council Member— Ward II i✓ Debby Griffin Council Member — Ward III Bert Rogers Council Member —Ward IV i✓ Andre Wimer City Manager ✓ LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorne ✓ Darrell Bush Police Chief I/ Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance �✓ Steve Hamilton Director of Public Works Rod Hatch Building Official 1/ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager t✓ Debby Griff4 , May,6yPro Tern i g LaDonna Floyd, City Clerk Y -023 Date 1 1 t AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 7, 2007 THROUGH APRIL 28, 2008. 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 7, 2007 June 11, 2007 July 9, 2007 August 13, 2007 September 10, 2007 October 8, 2007 November 12, 2007 December 10, 2007 January 14, 2008 February 11, 2008 March 10, 2008 April 14, 2008 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: ' May 21, 2007 June 25, 2007 July 23, 2007 August 27, 2007 September 24, 2007 October 22, 2007 November 26, 2007 December 17, 2007 January 28, 2008 February 25, 2008 March 24, 2008 April 28, 2008 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 23rd day of April, 2007. Debby Griffin, yor Pro Tem City of Nederland, Texas ATTEST: C)FR " �JN LaDonna Floyd, City CI rk ' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 'Richard D.Huglhe' 6IDity Attorney City of Nederland, Texas d.2 CITY OF NEDERLAND RESOLUTION 2007 -10 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING , ENTERING INTO AN AGREEMENT WITH THE NEDERLAND YOUTH FOOTBALL LEAGUE FOR ITS RECREATIONAL USE OF CITY PROPERTY BEHIND THE SERVICE CENTER CALLED HOMER NAGEL PARK; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF NEDERLAND. WHEREAS, the City Council recognizes its responsibility to meet the recreational needs of the community and, in particular, the City's young people; and WHEREAS, the City Council recognizes that the City property behind the Service Center commonly known as Homer Nagel Park is not a dedicated park or playground, preventing it from being closed or restricted from public use. The property is subject to being leased under terms and conditions that satisfy the public good and benefit; and WHEREAS, the City Council recognizes that the Nederland Youth Football League is a Texas non - profit corporation which provides recreational programs for the youth in the area; and WHEREAS, the City Council finds that conditions and circumstances of the attached Agreement will achieve a public purpose by providing a recreational program for the community and its youth and by keeping the property open for use by the general public at all times it is not being used by the League. The City Council finds that this Agreement is an excellent example of non - profit organizations working closely with local government to improve the health, safety and general welfare of the community -at- large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' THAT the Mayor is authorized to execute the attached Agreement with the Nederland Youth Football League, a Texas non -profit corporation, allowing the City property located on the North side of Avenue G between Hill Terrace and South 29th Street in Nederland, Texas, and commonly known as Homer Nagel Park, to be used and operated as a football field and related purposes. PASSED, ADOPTED AND APPROVED this ,,�?3_ day of , 2007. Ldp ", Debby Gri fink or Pro Tem City of Nederland, Texas ATTEST: LaDonnn =2" City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cit ttorney ' City of Nederland, Texas Rai REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING May 7, 2007 The meeting was called to order at 3:00 p.m. by Mayor Pro Tern Debby Griffin 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 Sheffield to approve the minutes of the April 23, 2007 as written. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. PROCLAMATION Mayor Pro Tern Griffin presented a Proclamation to David Die declaring May 2007 as "Motorcycle Safety and Awareness Month" in Nederland. Mr. Die thanked the City for their continued support. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve a Proclamation declaring May 2007 as "Motorcycle Safety and Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 4. COMMENTS Jeff Ortiz, 1003 Avenue B #16, addressed the Council relative to restaurants in Nederland posting their health scores. He stated that he has had several discussions regarding this matter and some people have expressed a desire to see the scores posted. He does understand the pros and cons of requiring scores to be posted. Mr. Ortiz realizes that the scores may not necessarily be a true indicator of a restaurants actual health issues due to inspections only being made on an annual basis. If an establishment receives an unfavorable score and immediately remedies the situation they must wait a full year to have a new score to post. He suggested that perhaps this issue could be addressed again and invite local restaurant owners to attend to voice their concerns. Minutes continued, May 7, 2007 Andre' Wimer, City Manager, added that he has discussed this same issue with Mike Melancon, Jefferson County Environmental Control, and he was also of the opinion that posting scores was not a good indicator of how well the establishments may or may not adhere to the regulations governing health issues in restaurants. Mr. Melancon informed Mr. Wimer that they do make additional inspections when they receive complaints from the public. Mr. Wimer stated that he would check with other area cities to see which ones require the posting of inspection scores. Councilmember Sheffield also asked Mr. Wimer to obtain the County's scoring criteria. ORDINANCE A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve Ordinance No. 2007 -02, truck routes. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 6. INVESTMENT REPORT Cheryl Dowden, Director of Finance, presented the Quarterly Investment Report for the first quarter of 2007. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to accept the Quarterly Investment Report as presented (see ' attached). MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 7. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a contract with TriStem, Ltd. For utility auditing services. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve an agreement with CGI Communications, Inc. for online video services. MOTION CARRIED. Ayes: Mayor Pro Tem Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 8. PAYMENTS A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve payment to Carroll & Blackman, Inc. in the amount of $888.00, sanitary sewer relocation. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. Minutes continued, May 7, 2007 A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve payment of the bills for April. MOTION CARRIED. <' Ayes: Mayor Pro Tem Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. EXECUTIVE SESSION A motion was made by Mayor Pro Tem Griffin and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tem Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 10. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the 2007 Street Program began last week. He also reported that the remaining blades on the Windmill Museum were removed and the new ones should be installed soon. The new filters received for the Doornbos Park swimming pool may have been damaged during shipping and representatives from the company will be here to inspect them prior to installation. Councilmember Rogers asked how Mayor Nugent is progressing with his health treatments. Mr. Wimer stated that he began chemotherapy and everything is going according to the doctors' schedules. 11. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Rogers to adjourn the meeting at 3:40 p.m. MOTION CARRIED. Ayes: Mayor Pro Tem Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. ATTEST: C10cf-V\11)CI r;;;4-4 La Donna Floyd, City Clerk City of Nederland, Texas 1 d JY u1 t c to ) j I'A", Debby Gm ffin, r Pro Tem City of Nederland, Texas 07 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member — Ward I Billy Neal Council Member — Ward II Debby Griffin Council Member — Ward III ✓' Bert Rogers Council Member — Ward IV Andre Wimer City Manager ✓ LaDonna Floyd City Clerk Corrie Ze da -Acting City Clerk f/ Richard Hughes City Attorne Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance +� Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager V Debby Grifft, Ma *Pro Tem �°� 'Z�u� Floyd, City Clerk tiS - '7- m Date 1 1 1 1 RA "Dick" Nugent, )vlay r*7 Debby Griffin, Mayor Pro Tern Tim Sheffield. Councilmember City of Ne- derla nd Billy Neal, Councilmember Bert Rogers, 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, 2007 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 C Andre' Wimer, City Manager Cheryl l3owden, D- irector of Finance Tr(�grwnjned .ft)r- Progress" ot8 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2007 Investments at Beginning of Period (I -1 -07) Purchases Maturities Investments at End of Period (3- 31 -07) Maturity Summary at March 31, 2007 $5,164,013.84 77,415.55 10,000.00 $5,231,429.39 ❑ Less than 3 months 0 3 to 6 months ® 7 to 9 months ■ 9 to 12 months 1 L_ 1 City of Nederland ' Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2007 1 Fund Allocation at March 31, 2007 Other 1% Police Narcotics Fund 1% Bond Redemption Fund 1% Water & Sewer Fund 23% General Fund 74% ' l 1 Balance Balance 01/01/2007 Purchases Maturities 03/31/2007 General Fund $3,840,702.06 $50,237.14 $3,890,939.20 Library Special Fund 30,499.78 10,268.17 $ 10,000.00 30,767.95 Water & Sewer Fund 1,164,658.71 15,233.93 1,179,892.64 Motel Occupancy Tax Fund 11,235.36 146.99 11,382.35 Solid Waste Fund 755.19 9.90 765.09 Police Narcotics Fund 43,441.82 568.22 44,010.04 Bond Redemption Fund 72,720.92 951.20 73,672.12 $5,164,013.84 $77,415.55 $10,000.00 $5,231,429.39 Fund Allocation at March 31, 2007 Other 1% Police Narcotics Fund 1% Bond Redemption Fund 1% Water & Sewer Fund 23% General Fund 74% ' l 1 030 Investment Report Schedule Investments for the Quarter ended March 31, 2007 CERTIFICATES OF DEPOSIT Interest Earned Certificate Purchase Maturity Days to Interest for Quarter ended Number Date Date be held Rate Face Amount March 31, 2007 Matured at March 31, 2007 Library Special Fund 1481085106 11/16/06 02/20/07 47 3.92% 10,000.00 12.82 Held at March 31, 2007 Library Special Fund 1481085106 02/20/07 12/31/07 316 3.20% 10,000.00 35.13 Total Interest Earned on CDs for the quarter ended March 31, 2007 S 47.95 Total Certificates of Deposit held at March 31, 2007 $ 10,000.00 1 1 Investment Report Schedule Investments for the Quarter ended March 31, 2007 1 INVESTMENT POOL - TEXPOOL Average Days to Interest Period Held Maturity Rate General Fund 01/01/07 03/31/07 1 5.28% Water &Sewer Fund 01/01/07 03/31/07 1 5.28% Bond Redemption Fund 01/01/07 03/31/07 1 5.28% Motel Occupancy Tax Fund 01/01/07 03/31/07 1 5.28% Library Special Fund 01/01/07 03/31/07 1 5.28% Solid Waste Fund 01/01/07 03/31/07 1 5.28% Police Narcotics Fund 01/01/07 03/31/07 1 5.28% Totals for TEXPOOL Investments 1 Market Principal $3,840,702.06 1,164,658.71 72,720.92 11,235.36 20,499.78 755.19 43,441.82 Interest Earned $50,237.14 15,233.93 951.20 146.99 268.17 9.90 568.22 081 Book Value $3,890,939.20 1,179,892.64 73,672.12 11,382.35 20,767.95 765.09 44,010.04 $5,154,013.84 $67,415.55 $5,221,429.39 Investment Report Schedule Investments for the Quarter ended March 31, 2007 1 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate March 31, 2007 Bond Redemption Fund 01/01/07 03/31/07 1 5.29% 468.46 Court Technology Fund 01/01/07 03/31/07 1 5.29% 37.56 Equipment Replacement Funds 01/01/07 03/31/07 1 5.29% 3,397.25 General Fund 01/01/07 03/31/07 1 5.29% 36,685.08 Library Special Fund 01/01/07 03/31/07 1 5.29% 475.54 MCML Dispatch 01/01/07 03/31/07 1 5.29% 823.36 Motel Occupancy Tax Fund 01/01/07 03/31/07 1 5.29% 14.03 Parks & Recreation Special Fund 01/01/07 03/31/07 1 5.29% 8.76 Police Narcotics Fund 01/01/07 03/31/07 1 5.29% 1,511.09 Solid Waste Fund 01/01/07 03/31/07 1 5.29% 7,992.82 SRF Construction & Escrow Funds 01/01/07 03/31/07 1 5.29% 2,443.33 SSES Fund 01/01/07 03/31/07 1 5.29% 2,763.23 W & S Certificate Fund 01/01/07 03/31/07 1 5.29% 639.31 Water & Sewer Fund 01/01/07 03/31/07 1 5.29% 4,358.76 Wastewater Construction Fund 01/01/07 03/31/07 1 5.29% 3,633.43 $65,252.01 ' 1 1 1 1 Investment Report Schedule March 31, 2007 Interest Earnings for Quarter Ended March 31, 2007 Bond Redemption Fund $1,419.66 Court Technology Fund 37.56 Equipment Replacement Funds 3,397.25 General Fund 86,922.22 Library Special Fund 791.66 MCML Dispatch 823.36 Motel Occupancy Tax Fund 161.02 Parks & Recreation Special Fund 8.76 Police Narcotics Fund 2,079.31 Solid Waste Fund 8,002.72 SRF Construction & Escrow Funds 2,443.33 SSES Fund 2,763.23 W & S Certificate Fund 639.31 Wastewater Construction Fund 3,633.43 Water & Sewer Fund 19,592.69 $132,715.51 083 CITY OF NEDERLAND ORDINANCE NO. 2007 -02 AN ORDINANCE AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, REGULATING THE USE OF PUBLIC STREETS IN THE CITY OF NEDERLAND, TEXAS, BY COMMERCIAL AND OTHER VEHICLES; PROVIDING FOR LIMITATIONS ON THE WEIGHT OF COMMERCIAL AND OTHER VEHICLES THAT MAY BE OPERATED ON OR OVER SUCH STREETS; REMOVING CERTAIN CITY STREETS AS THROUGH TRUCK ROUTES; DESIGNATING ALL STREETS AS ACCEPTABLE FOR TRAVEL FOR DELIVERIES TO DESTINATIONS WITHIN THE CITY; REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREOF; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Nederland finds that the unrestricted travel of certain commercial vehicles having a gross weight in excess of 10,000 pounds poses a serious threat to the community and public property and streets; and WHEREAS, the City Council of the City of Nederland finds that it is reasonable and in the best interest of the citizens of the City of Nederland to protect lives and property to prohibit commercial vehicles having a gross weight in excess of 10,000 pounds from traveling through the City on its public streets but having no commercial destination within the City and to adopt an ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. That Ordinance No. 106, which has been codified into the Code of Ordinances of the City of Nederland, Chapter 102, "Traffic and Vehicles ", is amended by revising Sec. 102 -202 to read as follows: "Section 102 -202. Designation of streets for travel (a) Any person, firm, or corporation may operate or cause to be operated any commercial motor vehicle, truck, truck - trailer, trailer, or semi- trailer having a gross weight not in excess of 10,000 pounds upon any street in the City of Nederland. (b) It shall be unlawful for any person, firm, or corporation to operate or cause to be operated on any street in the City of Nederland, any commercial motor vehicle, truck, truck - trailer, trailer, or semi - trailer having a gross weight in excess of 10,000 pounds, except that any commercial vehicle truck, truck - trailer, trailer, or semi - trailer having a gross weight in excess of 10,000 pounds shall travel or move over the following streets: (1) State Highway No. 347 (Twin City Highway) from the Northwestern City limits to the Southwestern City limits in either direction; (2) State Highway 69 in either direction; and (3) State Highway 365 in either direction; EXCEPT, any vehicle above named having a gross weight in excess of 10,000 pounds is not prohibited from traveling or moving over other streets in the City to a place of destination for a commercial delivery or pickup within the City limits of Nederland by traveling to and from such place of destination by the shortest route, from and /or to a street designated in (1), (2) and (3) above." r Section 2. Penalty (a) Any person, firm, or corporation violating any of the provisions of this ' Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed two hundred dollars ($200). (b) In addition to remedies herein provided, the City may file in the proper court a suit for an injunction and may enjoin the use of the streets of the City of Nederland until this Ordinance has been complied with. Section 3. Savings Clause If any section or part of this Ordinance shall be declared to be null or void by a court of competent jurisdiction of the State of Texas, then such holding shall not affect the validity of any other section or provision of this Ordinance. Section 4. Publication The caption of the Ordinance shall be published twice in a newspaper of general circulation. Section S. Effective Date The Ordinance shall become effective after publication as provided by law. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 'i day of t A.D., 2007. APPROVED AS TO FORM: Richard D. Hughes, City Attorney City of Nederland, Texas 1 j Debby Griffin, MaW Pro Tern City of Nederland, Texas ATTEST: (n La Donna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM: Richard D. Hughes, City Attorney City of Nederland, Texas 1 j 086 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 21, 2007 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor Pro Tern Debby Griffin 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 Sheffield to approve the minutes of the May 7, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. 3. ELECTION Andre' Wimer, City Manager, read the results of the May 12, 2007 General Election. There were a total of 747 ballots cast. Each candidate received the following number of votes: Council, Ward I Early Voting Election Day Total Tim Sheffield 284 127 411 Darrin Dykes 113 078 191 Jeff Oritz 96 49 145 Council, Ward III Debby Griffin 415 216 631 A motion was made by Councilmember Neal and seconded by Councilmember Rogers to accept the returns of the election as read. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. La Donna Floyd, City Clerk, administered the Oath of Office to Tim Sheffield, Councilmember Ward I, and Debby Griffin, Councilmember Ward III. A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to elect Councilmember Bert Rogers as the Mayor pro tempore in accordance with Section 3.06 of the City Charter. MOTION CARRIED. Ayes: Mayor Pro Tern Griffin, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Nugent. Mayor Pro Tern Rogers will now preside over the remainder of the meeting. OSr Minutes continued, May 21, 2007 4. RECOGNITION Tom Riley, Parks and Recreation Supervisor, recognized William Sanderson for his volunteer work at Tex Ritter Park. As an Eagle Scout candidate, Mr. Sanderson constructed a shed to cover the antique wagon in the park. Hurricane Rita damaged the original structure. William thanked the City, Mr. Riley, and his troop for their support during the project. Mayor Pro Tem Rogers read a plaque honoring William Sanderson for his work on the project. William's Scoutmaster read a plaque that will be placed on the structure. Mr. Lemaire and Mr. Cormer, on behalf of the American Cancer Society Relay for Life, also presented a plaque to Boy Scout Troop 232 for their participation and assistance during the recent Relay for Life. S. STREETS AND SIDEWALKS A motion was made by Councilmember Sheffield and seconded by Councilmember Griffin to authorize the installation of street lights at the following locations: 504 Avenue D, 217 Hill Terrace Drive, and, 1815 Elgin Avenue. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 6. CONTRACTS /AGREEMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve an agreement with Interface EAP for the Employee Assistance Program. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. RECESS Mayor Pro Tem Rogers recessed the regular meeting at 6:20 p.m. for the purpose of conducting a meeting of the City of Nederland Employee Benefits Trust to establish operations of the Trust and to award bids for health insurance and dental insurance for City employees. See attached minutes. S. RECONVENE The regular meeting was reconvened at 6:44 p.m. by Mayor Pro Tem Rogers. 9. INSURANCE A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to authorize the transfer of funds from the City of Nederland to the City of Nederland Employee Benefits Trust to pay for employee - related benefits. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. ' Minutes continued, May 21, 2007 10. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Griffin to approve a payment to Schaumburg & Polk, Inc. in the amount of $1,518.01, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 11. EXECUTIVE SESSION A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, stated that he had received information regarding restaurant inspections and if Council would like to address the issue at a later date to let him know. He added that the new filters for the pool were inspected and appeared to have no damage and they have been installed. Mr. Wimer reported that ALLCO, Inc. began work on the pipebursting project. He also reported that the City's Bo -Mag equipment repairs were estimated at $14,000 and will take approximately 16 weeks to complete. City staff has recommended that the equipment be repaired rather than replaced, however, the length of time it will take to make the repairs will put the street program behind. Mayor Pro Tem Rogers asked for an update on Mayor Nugent's condition. Mr. Wimer stated that he was able to come home for the weekend but had to return to Houston in order to begin his second round of chemotherapy. He appears to be in good spirits. 13. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Griffin to adjourn the meeting at 6:58 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Bert Rogers, klayo ro Tern City of Nederland, Vexas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 089 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I ✓ Billy Neal Council Member — Ward II ✓ Debby Griffin Council Member — Ward III Bert Rogers Council Member —Ward IV �✓ Andre Wimer City Manager LaDonna Floyd City Clerk UZI Corrie Ze eda Acting City Clerk Richard Hughes City Attorne ✓ Darrell Bush Police Chief Gary Collins Fire Chief ✓ Che I Dowden Director of Finance Steve Hamilton Director of Public Works 1✓ Rod Hatch Building Official LIZ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Debby Griffih, 200"007 Mayor Pro Tern ' LaDonna Floyd, City Clerk Date Bert Rogers Mayor Tern 2007 -08 REGULAR MEETING OF THE CITY OF NEDERLAND EMPLOYEE BENEFITS TRUST 6:20 p.m. May 21, 2007 1. MEETING The meeting was called to order at 6:20 p.m. by Trustee Bert Rogers at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. 2. APPOINTMENT OF OFFICERS A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to appoint the Mayor to serve as Chairperson of the City of Nederland Employee Benefits Trust. MOTION CARRIED. Ayes: Vice - Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. A motion was made by Trustee Neal and seconded by Trustee Griffin to appoint the Mayor Pro Tern to serve as Vice Chairperson of the City of Nederland Employee Benefits Trust. MOTION CARRIED. Ayes: Vice - Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None, Absent: Chairperson Nugent. A motion was made by Trustee Sheffield and seconded by Trustee Griffin to rotate the position of Secretary of the City of Nederland Employee Benefits Trust annually beginning with the Ward II position. MOTION CARRIED. Ayes: Vice - Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. 3. FINANCE A motion was made by Trustee Sheffield and seconded by Trustee Griffin to adopt the City of Nederland Investment Policy as the policy for investments for the City of Nederland Employee Benefits Trust. MOTION CARRIED. Ayes: Vice- Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. A motion was made by Trustee Sheffield and seconded by Trustee Neal to designate the depository for the City of Nederland Employee Benefits Trust as the same depository utilized by the City of Nederland. MOTION CARRIED. Ayes: Vice - Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. A motion was made by Trustee Griffin and seconded by Trustee Neal to designate signatories for the City of Nederland Employee Benefits Trust as follows: Chairperson, Vice - Chairperson, City Manager, and City Clerk. MOTION CARRIED. Ayes: Vice - Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. Minutes continued, May 21, 2007 4. AUDIT A motion was made by Trustee Sheffield and seconded by Trustee Griffin to designate and authorize the annual auditors for the City of Nederland to conduct an audit of the City of Nederland Employee Benefits Trust at such time that the audit for the City of Nederland is conducted. MOTION CARRIED. Ayes: Vice - Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. S. INSURANCE Terry Hale, City- County Benefits Services, reviewed the bids received for City employee health and dental insurance. He stated that bid notices were published and mailed to all major carriers and four were received for health insurance and nine were received for dental insurance. Health insurance bids were received from Aetna, Blue Cross /Blue Shield, CIGNA, and United Health Care. Dental insurance bids were received from Ameritas, Aetna, Blue Cross /Blue Shield, CIGNA, CompBenefits, Guardian, The Standard, SafeGuard Dental, and United Health Care. Mr. Hale state that both Aetna and United Health Care offered a discounted medical rate if their dental was also purchased. Upon review of all bids City- County Benefits Services recommends that the City of Nederland Employee Benefits Turstees award both the medical and dental benefits to Aetna effective July 1, 2007. L A motion was made by Trustee Griffin and seconded by Trustee Neal to award bids received for employee health insurance to Aetna as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Vice- Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. A motion was made by Trustee Griffin and seconded by Trustee Sheffield to award bids received for employee dental insurance to Aetna as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Vice- Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. 6. ADJOURN There being no further business a motion was made by Vice - Chairperson Rogers and seconded by Trustee Sheffield to adjourn the meeting at 6:44 p.m. MOTION CARRIED. Ayes: Vice - Chairperson Rogers, Trustees Sheffield, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. 1� v Bert Rogers, Vice hairperson City of Nederland Employee Benefits Trust Billy Neal, Secretary City of Nederland Employee Benefits Trust i 092 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. June 11, 2007 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 Sheffield and seconded by Mayor Pro Tern Rogers to approve the minutes of the May 21, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. PRESENTATION Mayor Nugent presented Harry Carter a Certificate of Appreciation and watch for his 25 years of service to the City of Nederland as a firefighter. He thanked Mr. Carter for his dedication to the City and citizens and wished him well in his retirement. 4. REQUEST Andre' Wimer, City Manager, explained that Mr. Byron Walker, Sr., 1208 South 23 Street, has requested to construct a fence that will encroach into Doornbos Park property. The proposed fence would not extend beyond any of the existing fences of his neighbors. In July 2000, the City Council approved several Licenses to Encroach for fences that extended into park property. Should the City Council be agreeable to Mr. Walker's request, Mr. Wimer stated that he should be required to obtain a survey showing the encroachment that would then be incorporated into the License to Encroach. Mr. Walker stated that he intends to construct a black chain link fence that would align with the fences of his neighbors. He added that he realizes it is City property and if the fence needs to be removed at any time it will be done at his own expense. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to approve a License to Encroach for Byron P. Walker, Sr., 1208 South 23 Street, to encroach into Doornbos Park property with his fence contingent upon Mr. Walker obtaining a survey showing the encroachment and making the survey a part of the License to Encroach. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, June 11, 2007 Andre' Wimer, City Manager, explained that Grantworks, Inc. has received a grant from the Texas Department of Housing and Community Affairs to repair and /or rebuild houses of low and moderate income persons that were damaged by Hurricane Rita. Based on the nature of the project they are requesting waiver of building permit fees. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Neal to approve the request from Grantworks, Inc. to waive permit fees associated with Hurricane Rita related repairs to the structure at 523 South 35 Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. AGREEMENTS A motion was made by Mayor Pro Tern Rogers and seconded by Mayor Nugent to approve an Interlocal Agreement with the City of Port Neches for water meter reading services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. ORDINANCES A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Ordinance No. 2007 -03, specifying authorized types of water meters. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Rogers to approve an Amendment to Ordinance No. 107, traffic ordinance, allowing for the placement of a stop sign on South 29 Street at Avenue L, and a stop sign on South 37 Street at Avenue B. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. EASEMENTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to approve Easement Agreement between the City of Nederland and the Jefferson County Single Adults Club. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve an Easement Agreement between the City of Nederland and the Nederland Economic Development Corporation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, June 11, 2007 8. PURCHASES A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Griffin to approve the purchase of a computer network servicer from NFO, Nederland, TX, in the amount of $21,238.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. PAYMENTS A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve payment to ALLCO, Inc. in the amount of $49,887.35, sewer rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve payment of the bills for the month of May. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Griffin to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City received the final statement from Jefferson County for the May 12, 2007 General Election in the amount of $15,722.41. This will appear on the next agenda for approval. He added that Rod Hatch, Building Official, has started another list of property that needs to be improved or demolished. Mr. Wimer reminded Council that they had previously requested that the Public Hearing for demolitions be held during the evening meeting, however, Mr. Hatch will be out of town during the July 23 meeting and he has requested that the Public Hearing be held on July 9 in order to get the process started prior to the end of August. The Council indicated that they had no problem with conducting the Public Hearing on July 9. Mayor Pro Tern Rogers and the remaining members of the Council welcomed Mayor Nugent back and wished him well in his recovery. Minutes continued, June 11, 2007 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 3:40 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: La Donna Floyd, City Clerk T City of Nederland, Texas C 1 095 696 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member -Ward I Billy Neal Council Member - Ward II Debby Griffin Council Member -Ward III ✓ Bert Rogers Council Member -Ward IV Andr6 Wimer City Manager L� LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk r/ Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief t/ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official V Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager 1% r R. A. N gen ayor 2 "./ LaDonna Floyd, City Cler rI.(I Date 1 1 1 1 LICENSE TO ENCROACH AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, on the date last indicated below, the City of Nederland, a municipal corporation, situated in Jefferson County, Texas, hereinafter referred to as "Licensor ", and Byron P. Walker, as Owner, of Jefferson County, Texas, hereinafter referred to as "Licensee ", whether one or more, contracted and agreed as set forth herein; and, WHEREAS, Licensee Byron P. Walker, owns the property known as 1208 S. 23`d Street, Nederland, Jefferson County, Texas, the same being more fully described as Lot 3, Block 10, Allan Meadow Section Il, a subdivision to the City of Nederland, Jefferson County, Texas as the same appears by map or plat of said addition, on file and of record in Volume 12, Page 80, of the Map Records of Jefferson County, Texas; and WHEREAS, Licensee desires a license from Licensor to encroach on City property (Doornbos Park), said encroachments being more particularly shown on Exhibit "A" attached hereto. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Licensor hereby grants Licensee a license to encroach on City Property (Doornbos Park), said encroachments being more particularly shown on Exhibit "A" attached hereto. 1. Licensee agrees that by virtue of the encroachment into City property, Licensee has acquired no interest in and to said City -owned property and Licensee will not now nor in future claim any property interest in and to said City owned property, namely Doombos Park, by virtue of the encroachment onto City property. 2. Licensee agrees that Licensee will not prohibit the use of City property for its intended purpose by virtue of the encroachment onto the City property. 3. The subject property may continue to be occupied by Licensee solely in connection with existing structures as indicated by the drawing in the aforementioned EXHIBIT "A" and for incidental purposes related thereto. This license shall terminate upon decision of the City Council of Nederland as described below or upon the removal or demolition of said encroachments, as herein depicted on the aforementioned EXHIBIT "A ". 4. Improvements shall not be made upon any existing encroachment without first obtaining the written consent of Licensor and giving notice to Licensor, in writing, of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. 09 098 5. In the event the City of Nederland, by Resolution of the City Council of such City determines it needs the subject property, or any part thereof, for the benefit of the City or to ' protect the health, safety or welfare of the public and it terminates this license, or any part thereof, Licensee shall not receive any compensation and the City of Nederland, Texas shall not be liable therefore, whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor against, and pay in full, for all claims, losses, damages, lawsuits, costs or expenses, that Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, stat of repair, or presence of such encroaching structure, or the removal of same, and expressly including, but not limited to, such damages, etc. caused by or resulting from the negligence or misconduct of Licensor, its agents, employees, invitees, and assigns. 6. It is further agreed between the parties that this license shall be construed as a covenant running with the land and shall be binding upon and shall inure to the benefit of Licensee and subsequent owners of said property. 7. Licensor, and any franchised utility of Licensor, reserves the right to make improvements, perform maintenance and construction to the easement or premises covered by this license where such deemed necessary for health, welfare and safety of the community. In doing so, Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain any claims against such parties for any such damage sustained by Licensee to said encroachment structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. 8. This license shall be recorded in the real property records in the Office of the County Clerk of Jefferson County, Texas by Licensor. 9. This license is neither assignable nor transferable except in conjunction with and as a part of Licensee's conveyance of all the abutting property their license serves license serves through probate and warranty deed or lease. In any even, Licensor shall be notified of such occurrence by delivering a copy of the document or documents conveying or leasing the same. 10. Any notice to Licensor shall be sufficient if mailed or hand - delivered to the Office of the City Manager, City of Nederland, Jefferson County, Texas. An notice to Licensee shall be sufficient if mailed or hand - delivered to Licensee at 1208 S. 23` Street, Nederland, Texas 77627. 11. This license shall be binding upon the successors and assigns of the parties hereto. Provided, the City does not hereby undertake or purport to represent that this license is binding on or affects any rights which may exist on such City property in favor of any public or private utility. EXECUTED this 144'*`day of Juste 2007. 1 1 1 011 `i✓ CV "f3L#A% ATTESTED: LaDonna Floyd, City Clerk TT�� APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney STATE OF TEXAS COUNTY OF JEFFERSON LICENSOR: CITY OF NEDERLAND By: / Andre Wimer, City Manager LICENSEE: za..- bl� I Byr P. Walker This instrument was acknowledged before me on this it day of jA YlZ 2007 by Andre Wimer, City Manager. Seal ¢ :� S •,ys CORRIE ELIZABETH ZE►EDA Notary Public, SL» of Tg as My Commiesion ExpNq March 20, 2010 STATE OF TEXAS COUNTY OF JEFFERSON 'OiULI.¢. V � � Notary Public This instrument was acknowledged before me on this `4 day of 2007 by Byron P. Walker. :� .. .,k; CORRIE ELIZAlETH ZEPEDA ` V- Seal ' Nota ry Public My Co Ste° of T °mss m B F" Notary Public M'3101120,20)0 3 0;�q EXHIBIT A DOOPA1806 PARK CITY PROPERTY ENCROACHMkNT CHAIN {_INK FENCE PROPERTY LINE � I I I 1 I I f � � f 4 1 "OT 3 2 j SL 0 CK 10 ALLAN M46ADOW 15 SE C7'/OA! 1 20' �UILpI1JG LING I I 12 1 2 - 2 �6 _�_ J _ ►204 SOUTH` 23 RD S7-RE-r=7' 13 NOTE "O I' INDICATES PROPERTY CORNERS FOUND IN THE FIELD sus•,,Cr:TOAoGRAPH/C SURVEY D,l=PiCrmls xr -NcL: Ltlf -- _ENCROAc1yMENr(a /208 SD. 23RD. Sr. "EA rX. _P .W. CNECKEP 8'11 -- 1, A R AtN PE. 4ATE' G -1P- 07 i CITY OF NEDERLAND NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. Type of Water Meter Reauired All water meters installed within the City of Nederland for the purpose of providing water to residential, commercial, and /or industrial customers within the City of Nederland shall be of a type and brand specified by the City of Nederland. The City of Nederland shall specify this type and brand of water meter to be consistent with those water meters utilized by the City of Nederland for the purpose of providing water to residential, commercial, and /or industrial customers within the City of Nederland. 3. All water meters shall have functioning remote read capabilities and shall be ' Neptune 5/8" x 3/4" T10 Proread Brass Meters with MIU (R900 V -3 PIT MIU) or Neptune 1" T10 Proread Brass Meter with MIU (11900 V -3 PIT MIU), or other such water meters as may be subsequently approved by the City. Section 2. Verification All persons, firms, and /or corporations which install water meter(s) within the City of Nederland to serve residential, commercial, and /or industrial customers shall, prior to installation, obtain authorization from the City of Nederland to install such water meters. Approval of such installation by the City of Nederland shall be based upon verification by an authorized agent of the person, firm, and /or corporation that the water meters conform to the City of Nederland's specified type of water meter. The process for approval shall be in a manner determined by the City of Nederland. Upon completion of the installation of such water meters, an authorized agent of the person, firm, and /or corporation installing the water meters shall certify that the water meters conform to the City of Nederland's specifications for water meters. Upon installation and prior to use of the water meter, the meter interface unit (MIU) identification number and the meter number shall be furnished to the City of Nederland. The process for approval shall be in a manner determined by the City of Nederland. Section 3. Water Meter Repairs and Replacements Any water meter installed by a person, firm, and /or corporation that ceases to properly function, either in terms of miscalculation or failure to properly broadcast readings, shall be repaired and /or replaced within five (5) calendar days of notification by the City of Nederland to the person, firm, and /or corporation. 2. The City of Nederland shall be notified in writing of any water meter repairs and /or replacements within five (5) calendar days of the repair and /or replacement. 3. In completing a replacement of a water meter, the person, firm, and /or corporation shall furnish the City of Nederland 1) the meter interface unit (MIU) identification number; 2) the meter number; and 3) readings from the ORDINANCE NO. 2007 -03 AN ORDINANCE PRESCRIBING WATER METERS PERMITTED FOR INSTALLATION WITHIN THE CITY OF NEDERLAND; PROVIDING FOR VERIFICATION THAT ANY SUCH WATER METERS CONFORM TO THE CITY'S REQUIREMENTS; PROVIDING FOR REPAIRS OF IMPROPERLY FUNCTIONING WATER METERS; PROVIDING FOR CIVIL AND CRIMINAL PENALTIES AND REMEDIES FOR IMPROPERLY INSTALLED WATER METERS; PROVIDNG FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. Type of Water Meter Reauired All water meters installed within the City of Nederland for the purpose of providing water to residential, commercial, and /or industrial customers within the City of Nederland shall be of a type and brand specified by the City of Nederland. The City of Nederland shall specify this type and brand of water meter to be consistent with those water meters utilized by the City of Nederland for the purpose of providing water to residential, commercial, and /or industrial customers within the City of Nederland. 3. All water meters shall have functioning remote read capabilities and shall be ' Neptune 5/8" x 3/4" T10 Proread Brass Meters with MIU (R900 V -3 PIT MIU) or Neptune 1" T10 Proread Brass Meter with MIU (11900 V -3 PIT MIU), or other such water meters as may be subsequently approved by the City. Section 2. Verification All persons, firms, and /or corporations which install water meter(s) within the City of Nederland to serve residential, commercial, and /or industrial customers shall, prior to installation, obtain authorization from the City of Nederland to install such water meters. Approval of such installation by the City of Nederland shall be based upon verification by an authorized agent of the person, firm, and /or corporation that the water meters conform to the City of Nederland's specified type of water meter. The process for approval shall be in a manner determined by the City of Nederland. Upon completion of the installation of such water meters, an authorized agent of the person, firm, and /or corporation installing the water meters shall certify that the water meters conform to the City of Nederland's specifications for water meters. Upon installation and prior to use of the water meter, the meter interface unit (MIU) identification number and the meter number shall be furnished to the City of Nederland. The process for approval shall be in a manner determined by the City of Nederland. Section 3. Water Meter Repairs and Replacements Any water meter installed by a person, firm, and /or corporation that ceases to properly function, either in terms of miscalculation or failure to properly broadcast readings, shall be repaired and /or replaced within five (5) calendar days of notification by the City of Nederland to the person, firm, and /or corporation. 2. The City of Nederland shall be notified in writing of any water meter repairs and /or replacements within five (5) calendar days of the repair and /or replacement. 3. In completing a replacement of a water meter, the person, firm, and /or corporation shall furnish the City of Nederland 1) the meter interface unit (MIU) identification number; 2) the meter number; and 3) readings from the 102 previous water meter and readings from the new water meter within five (5) calendar days of the repair and /or replacement. Section 4. Penalties 1. Criminal Penalties ' a. Any violation or failure to abide by, and comply with, any provision or requirement of this ordinance shall be a violation, and shall be punishable as a Class "C" Misdemeanor, subject to a fine of up to five hundred dollars ($500.00) per occurrence. b. Each day upon which there exists a violation of this article, or a failure to abide by, or comply with, any provision or requirement of this article, shall constitute a separate occurrence, and shall subject the offer to separate criminal penalties. c. Prosecution pursuant to this article is in addition to and does not supplant other remedies. Civil Penalties a. Civil penalties may be imposed for the violation of any provision of this article, as follows: i. Up to one thousand dollars ($1,000.00) for each violation, and each day of a continuing violation may be considered a new violation; and /or ii. If applicable, default and revocation of any or all authorization granted to allow the installation of water meters in the City of Nederland, subject to the procedural guidelines noted in this ordinance, and further subject to any limitations imposed by Federal or State law. b. In imposing the penalties and the amount, the City may weigh all I applicable factors, such as damages caused by the violation, reasons for the violation, the seriousness of the violation, and the other factors. c. Monetary civil penalties may be imposed in the manner prescribed by either local or State law. d. In addition, the City Council may order specific performance of any actions required by this ordinance. Section S. Severability If any provisions, section, exception, subsection, paragraph, sentence, clause, or phrase 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 6. Effective Date This ordinance shall become effective after its approval and adoption and publication pursuant to law. PASSED AND APPROVED by City Council of the City of Nederland, Texas at a regular meeting this the ( day of A.D., 2007. V,1-651- R.A. NugentoMayor City of Nederland, Texas ATTEST: ' � r laDonna Floyd, City CI rk City of Nederland, Texas i , I r� rAN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107 is hereby amended by adding the following language: ARTICLE VII. SECTION 54 — STOP SIGNS A stop sign shall be erected on South 2g`" Street at Avenue L. A stop sign shall be erected On South 37`" Street at Avenue B. ARTICLE XVI. SECTION 122 — PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction ' thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ARTICLE XVII. SECTION 133 — EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 111" day of 3u._ ne 2007. R.A. ugen , ayor City of NedLyrland, Texas ATTEST: Laffbnna Floyd, City' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Atillbrney City of Nederland, Texas 1'34 EASEMENT AGREEMENT Preamble This Agreement is made on the I j day of C ,-,LIU _ —, 2007, at Nederland, Jefferson County, Texas, between NEDERLAND /ECONOMIC DEVELOPMENT CORPORATION, ( "Grantor"), and CITY OF NEDERLAND, a municipal corporation formed under the state of Texas, ( "Grantee "). Grant of Easement 1. For the consideration described in Paragraph 2, Grantor grants to Grantee an easement and right -of -way upon and across that certain property of the Grantor located in Jefferson County, Texas being a 0.2553 acre tract out of Lots 5, 6, 7, and 8, (pt. of 5, 6, 7 & 8) Block 18, Range "J" of the Lands of the Port Arthur Land Company (PALCO), as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes property (the "Property "). Consideration 2. This easement is granted in consideration of the Grantee's payment to Grantor of the sum of $10.00 and other valuable consideration, the receipt and sufficiency of which is acknowledged. Character of Easement This instrument grants an easement in gross. Purpose of Easement 4. This right -of -way easement, with its rights and privileges, shall be for the purpose of maintaining roadways, signage and appurtenances to said roadways and for placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing utilities of various types and structures, together with the right of ingress and egress from said easement and right -of -way or any part thereof. Duration of Easement 5. This easement shall be perpetual. Warranty of Title 6. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to warrant and forever defend the easement and rights conveyed in this instrument to Grantee and Grantee's heirs, personal representatives, successors, and assigns, against every person lawfully claiming or to claim all or any part of the interest in the Property. Nonexclusiveness of Easement 7. The easement, rights, and privileges granted by this conveyance are nonexclusive, and Grantor reserves and retains the right to convey similar rights and easements to such other persons as Grantor may deem proper, provided that such grants do not interfere with and /or prevent Grantee's use of the easement Maintenance 8. The holder of the Easement has the right to eliminate any encroachments into the Easement Property. Grantee shall have the right to clear trees and undergrowth to the extent that it deems it necessary to exercise its rights herein granted. Grantee will at all times, after doing any work in connection with the purposes herein stated, restore the Property to the condition in which same was found before such work was undertaken. Grantee shall dispose of all tree cuttings and trimmings by loading and hauling away from the Property. Termination 9. The easement, along with its rights and privileges shall terminate when the purpose of the easement, as described in Paragraph 5 of this Agreement, ceases to exist, is abandoned by Grantee, or becomes impossible of performance. Rights Reserved 10. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement area described in Paragraph 4 of this Agreement for any and all purposes that do not interfere with and prevent Grantee's use of the easement. Entire Agreement 11. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. Dispute Expenses and Attorney's Fees 12. If any controversy, claim, or dispute arises relating to this Agreement or its breach, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney's fees, and costs. 2 Binding Effect 13. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Assignability and Binding Effect 14. This easement shall be assignable with the approval of the Grantor, which approval shall not be unreasonably withheld. This Agreement shall bind and inure to the benefit of the Grantee. Executed this the I I day of_, 2007, at Nederland, Jefferson County, Texas. GRANTOR: Nederland Economic Development Corporation By: rQe% %llrQn Its: ErXeeu+i ✓e Arec+or , THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the [ ► day of 2007, by Tracie Killian, Executive Director of the Nederland Economic Developmen Cw orporation. Cn1�L `tLAl bdi 7- r-" Notary Public, Statd of Texas CORRIE ELIZABETH ZEPEDA Notary Public, State of Texas :+ `{ My Commission Expires March 20, 2010 7 1 1 1 N t- 4' ^9ry�� %. City of Nederland R.A. Nugent, Wyor Attest c �i�w�," C--�� 'I t_abonna Floyd, City CI rk THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of 2007, by R.A. Nugent, Mayor of the City of Nederland. 4 Notary Public, Stat f Texas ¢j :g "p` +,'',,, CORRIE ELIZABEtH ZEPEDA Notary Public, State of Texas ' My Commission Expires 1� `a1 D j9 c �oaa o �r r C i o �y�o � ,o 0A� A S r o N6 Z� o� O on x m 9 S m y$$$ N ro P OZ UN � m rW C O y � xo`T� c! -3 a�t•�x C-t b W V O m D 0 S m n 0 z HOLMES Z m v p o Pp �T1 rp �n" Z Cc: p EO A � y Om. � O ➢4Z D C) a 88� c i I kfe T. W L) S�� atiS SmaCl S wv S.4a'47WL M.W I (Not W scoMi Sl 5i 38 o K. co D C X x D 0 m z R (/j :L7 O D April 11, 2007 PROPOSED 5 FOOT UTILITY EASEMENT BEING a 0.2553 acre tract of land out of and part of Lots Numbered Five, Six, Seven and Eight (pt. of 5, 6, 7 & 8) in Block Number Eighteen (18), Range "J" of the Lands of the Port Arthur Land Company, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file and of record in Volume 1 page 22 Map Records of Jefferson County, Texas, and more particularly described as follows, to -wit: BEGINNING at a found 1/2 inch iron rod which lies South 48 deg. 47 min. 00 sec. East 68.00 feet, thence North 41 deg. 13 min. 00 sec. East 20.00 feet from the most Westerly corner of Lot 5, Block 18, Range "T' Port Arthur Land Company, said rod being at the intersection of the Northeast right of way line of Holmes Road with the Southeasterly right of way line of Beauxart Gardens Road as described in a deed to the City of Nederland, Texas recorded under County Clerk's File No. 2003029988 Official Public Records of Real Property, Jefferson County, Texas, and being the POINT OF BEGINNING of the herein described tract of land; THENCE North 41 deg. 13 min. 00 sec. East (Reference bearing) with the Southeasterly right of way line of Beauxart Gardens Road, for a distance of 2224.73 feet to a found 5/8 inch iron rod for corner, which is also the most Westerly comer of a tract of land described in a deed to Magna Properties, LTD recorded under County Clerk's File No. 2004008966 Official Public Records of Real Property, Jefferson County, Texas; THENCE South 30 deg. 40 min. 30 sec. East with the Westerly line of said Magna Properties. LTD tract, for a distance of 5.26 feet to point for corner; THENCE South 41 deg. 13 min. 00 sec. West for a distance of 2223.10 feet to point for corner in the Northeasterly right of way line of Holmes Road; THENCE North 48 deg. 46 min. 38 sec. West with the Northeasterly right of way line of Holmes Road, for a distance of 5.00 feet to the POINT OF BEGINNING, enclosing 0.2553 acres of land, more or less. 1 ,'1 EASEMENT AGREEMENT Preamble This Agreement is made on the 11 day of C:, _, 2007, at Nederland, Jefferson County, Texas, between Jefferson County Single Adults Club, ( "Grantor "), and CITY OF NEDERLAND, a municipal corporation of the state of Texas, ( "Grantee "). Grant of Easement 1. For the consideration described in Paragraph 2, Grantor grants to Grantee an easement and right -of -way being the south or rear 10' of lots 46, 47, 48, & 49 of the Replat of Pleasant Home Addition to the City of Nederland, Texas as found in Volume 6, Page 83 of the Map of Records of Jefferson County, Texas. Consideration 2. This easement is granted in consideration of the Grantee's payment to Grantor of the sum of $10.00 and other valuable consideration, the receipt and sufficiency of which is acknowledged. Character of Easement 3. This instrument grants an easement in gross. Purpose of Easement 4. This right -of -way easement, with its rights and privileges, shall be for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing utility lines, together with the right of ingress and egress from said easement and right -of -way or any part thereof. Duration of Easement 5. This easement shall be perpetual. Warranty of Title 6. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to warrant and forever defend the easement and rights conveyed in this instrument to Grantee and Grantee's heirs, personal representatives, successors, and assigns, against every person lawfully claiming or to claim all or any part of the interest in the Property. 1�. Nonexclusiveness of Easement 7. The easement, rights, and privileges granted by this conveyance are nonexclusive, and Grantor reserves and retains the right to convey similar rights and easements to such other persons as Grantor may deem proper, provided that such grants do not interfere with and /or prevent Grantee's use of the easement Maintenance 8. The holder of the Easement has the right to eliminate any encroachments into the Easement Property. Grantee shall have the right to clear trees and undergrowth to the extent that it deems it necessary to exercise its rights herein granted. Grantee will at all times, after doing any work in connection with the purposes herein stated, restore the Property to the condition in which same was found before such work was undertaken. Grantee shall dispose of all tree cuttings and trimmings by loading and hauling away from the Property. Termination 9. The easement, along with its rights and privileges shall terminate when the purpose of the easement, as described in Paragraph 5 of this Agreement, ceases to exist, is abandoned by Grantee, or becomes impossible of performance. Rights Reserved 10. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement area described in Paragraph 4 of this Agreement for any and all purposes that do not interfere with and prevent Grantee's use of the easement. Entire Agreement 11. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. Dispute Expenses and Attorney's Fees 12. If any controversy, claim, or dispute arises relating to this Agreement or its breach, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney's fees, and costs. 2 Binding Effect 13. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Assignability and Binding Effect 14. This easement shall be assignable with the approval of the Grantor, which approval shall not be unreasonably withheld. This Agreement shall bind and inure to the benefit of the Grantee. Executed this the I I day ofd, 2007, at Nederland, Jefferson County, Texas GRANTOR: Jefferson t ingle Adults Club cv �v By: Its: THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the I day of 2007, by Ray Dees, President of the Jefferson County Single Adults Club. Notary Public, Stat of Texas CORRIE ELIZABETH ZEPEDA Notary Public, State of Texas My Commission Expires March 20, 2010 3 1 1 I' n Cabo n-na Floyd, City Cle k THE STATE OF TEXAS COUNTY OF JEFFERSON GRANTEE: City of Nederland R.A. N g , Mayor This instrument was acknowledged before me on this the 1 day of 2007, by R.A. Nugent, Mayor of the City of Nederland. 4 Conn,'- Z- h� L -h. (- - Notary Public, St Me of Texas �� -�. "' °�s; ^i �,yj CORRIE ELIZABETH ZEPEDA Notary public, State Texas bV:', � of My Commission Expires .; " " March 20, 2010 11.4 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 6:00 p.m. June 25, 2007 MEETING The meeting was called to order at 6:00 p.m. by Mayor Pro Tern Bert Rogers 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 Sheffield and seconded by Councilmember Neal to approve the minutes of the June 22, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, and Neal. Noes: None. Absent: Mayor Nugent and Councilmember Griffin. 3. PROCLAMATION Mayor Pro Tern Rogers presented a proclamation to Dennis Isaacs, Leadership Southeast Texas, congratulating them on 15 years of the LSET programs that examine the strengths, weaknesses, obstacles and opportunities for economic development, regional unity and quality of life. Mr. Isaacs thanked the City Council for their continued support of LSET. 4. CONSUMER CONFIDENCE REPORT Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2006 Drinking Water Quality Report (Consumer Confidence Report) that 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. 5. APPOINTMENTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to approve the appointment of Kenneth Whigham to the Zoning Board of Appeals for a four -year term beginning July 1, 2007 and ending June 30, 2011. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, and Neal. Noes: None. Absent: Mayor Nugent and Councilmember Griffin. 1 � a ' Minutes continued, June 25, 2007 A motion was made Councilmember Sheffield and seconded by Councilmember Neal to approve the following appointments to the Construction Board of Appeals: Boyd Meier, Steve Gentile, and Ron Minaldi to a two -year term beginning July 1, 2007 and ending June 30, 2009; and, Danny Delahoussaye to a one -year term beginning July 1, 2007 and ending June 30, 2008. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, and Neal. Noes: None. Absent: Mayor Nugent and Councilmember Griffin. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sheffield to approve the appointment of George Spalding to the Firefighters' Civil Service Commission to a three -year term beginning July 1, 2007 and ending June 20, 2010. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, and Neal. Noes: None. Absent: Mayor Nugent and Councilmember Griffin. 6. LIFE INSURANCE A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sheffield to authorize the advertisement of bids for employee Life Insurance /Accidental Death and Dismemberment coverage. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, and Neal. Noes: None. Absent: Mayor Nugent and Councilmember Griffin. 7. PAYMENTS Andre' Wimer, City Manager, reviewed the invoice submitted to the City from Jefferson County for the May 12`h General Election in the amount of $15,722.41. He stated that this amount is approximately four times the amount of a normal election. Mr. Wimer reminded the Council that this year the State called for a Special Election, therefore, the City was required to enter into a joint election with Jefferson County. He added that the City received a letter from Carolyn Guidry, County Clerk, indicating that she will no longer be involved in any local elections in the County. They will lease equipment and the Central County Station, if available, but will provide no support. This decision could potentially impact the City's election budget significantly. Councilmember Sheffield stated that he did not think that the City should be reimbursing the County for the hours that their staff performed election duties during regular business hours. He feels that their salary is already budgeted by the County and they should not expect the political subdivisions to reimburse those funds. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Rogers to approve a payment to Jefferson County in the amount of $15,722.41, joint election costs, and, under protest, to notify Jefferson County, in writing, of the concerns of the Council relative to the excessive ' amount and various fees. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, and Neal. Noes: None. Absent: Mayor Nugent and Councilmember Griffin. Minutes continued, June 25, 2007 A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve a payment to N &T Construction Co., Inc. in the amount of $17,468.50, release of retainage for renovations to the Fire Station. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, and Neal. Noes: None. Absent: Mayor Nugent and Councilmember Griffin. S. EXECUTIVE SESSION A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, and Neal. Noes: None. Absent: Mayor Nugent and Councilmember Griffin. PUBLIC OFFICIAL APPOINTMENTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to authorize the appointment of La Donna Floyd, City Clerk; Cheryl Dowden, Director of Finance; Darrell Bush, Police Chief; John Borne, City Judge; and Richard Hughes, City Attorney. MOTION CARRIED. Ayes, Mayor Pro Tern Rogers, Councilmembers Sheffield, and Neal. Noes: None. Absent: Mayor Nugent and Councilmember Griffin. 10. PUBLIC OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the Windmill Museum blades have been replaced; and, the CDBG project in the Gage Avenue area is approximately 75% complete. He announced that the "Stephen Jackson Basketball Camp" will be held at the Recreation Center July 9 -13. This is an National Basketball Association endorsed event and will feature Stephen Jackson along with several other NBA players, past and present. Councilmember Sheffield reported that the guardrail on South 3rd Street between Avenue D and Avenue E is still in need of repairs. Councilmember Neal also reported that he has tried to contact Jefferson County Drainage District No. 7 regarding some repairs that are needed near his home. 11. ADJOURN There being no further business a motion was made by Councilmember Sheffield and seconded by Councilmember Neal to adjourn the meeting at 6:45 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, and Neal. Noes: None., Absent: Mayor Nugent and Councilmember Griffin. Labonn6 Floyd, City Clerk Bert Roger , M4y4r Pro Tern i CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member -Ward I Billy Neal Council Member -Ward II ✓ Debby Griffin Council Member -Ward III ✓ Bert Rogers Council Member -Ward IV ✓ Andre Wimer City Manager LaDonna Floyd City Clerk ✓ Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager L/ Bert Rogers, Wayor Pr Tem ' LaDonna Floyd, City Clerk' Date C r`. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. July 9, 2007 1. MEETING The meeting was called to order at 3:00 p.m. by Mayor Pro Tern Bert Rogers 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 Sheffield to approve the minutes of the June 23, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 3. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 3:02 p.m. by Mayor Pro Tern Rogers for the purpose of receiving comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses: ' 2703 Avenue G 804 South Twin City Highway 1208 South Twin City Highway 2108 Helena Avenue Space 25 2108 Helena Avenue Space 7 1128 Franklin Avenue 311 South 3 Street 207 - 31 Street 2506 Avenue H 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. He recommended that if any of the structures are not repaired or removed by the deadline imposed by the Council that they be demolished. Teri Erwin, 6571 - 39th Street, Groves, TX, stated that the structure located at 1128 Franklin was owned by her deceased aunt and was left to her father. The property has been listed with a real estate agent and they feel it will be sold soon. Ms. Erwin asked for a 90 -day extension in order to give them more time to sell the property. Patsy Sedtal, 307 South 3 Street, spoke on behalf of the neighbors in the area of 311 South 3 Street. She indicated that this property is being used for a junk yard and has been vacant for several years. There is no electricity or services to the structure. She added that the property owner is seen at the location approximately once per week or less. They would like to see this structure demolished as soon as possible. I 9 �i Minutes continued, July 9, 2007 Tuyett Ngyuen, 1002 Avenue B #79, stated that she bought the property at 2506 Avenue H and wants to have the structure demolished in order to construct a new home at this location. She is currently trying to obtain bids for the demolition. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:17 p.m. by Mayor Pro Tern Rogers. 4. ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Councilmember Griffin and seconded by Councilmember Neal to set a 60 -day time period for Michael Rooney to comply with the demolition and removal of the house and garage located at 2703 Avenue G, and in the event that the structure is not demolished 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 Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Rogers to postpone action regarding the rehabilitation or condemnation of abandoned and dilapidated structure at 807 South Twin City Highway due to a typographical error on the agenda. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to set a 60 -day time period for Sol Arkeen Enterprises to comply with the demolition and removal of the structure located at 1208 South Twin City Highway, and in the event that the structure is not demolished 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 Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Sheffield and seconded by Councilmember Griffin to set a 60 -day time period for Johnny Campez to comply with the demolition and removal of the structure located at 2108 Helena Avenue Space 25, and in the event that the structure is not demolished 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 Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sheffield to set a 60 -day time period for Susan Shirley to comply with the demolition and removal of the structure located at 2108 Helena Avenue Space 7, and in the event that the structure is not demolished within the 60 days the City will proceed L with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Minutes continued, July 9, 2007 A motion was made by Councilmember Griffin and seconded by Councilmember Neal to set a 60 -day time period for the Estate of June Dunnington to comply with the demolition and removal of the structure located at 1128 Franklin, and in the event that the structure is not demolished 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 Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes; None. Absent: Mayor Nugent. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Rogers to set a 60 -day time period for Donnell Dennis to comply with the demolition and removal of the structure and debirs located at 311 South 3 Street, and in the event that the structure is not demolished 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 Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember sheffield to set a 30 -day time period for Cleve G. Samford to comply with the demolition and removal of the storage building located at 207 - 31 Street, and in the event that the structure is not demolished within the 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to set a 60 -day time period for Tuyet Nguyen to comply with the demolition and removal of the structure located at 2506 Avenue H, and in the event that the structure is not demolished 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 Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 5. AGREEMENT A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve an agreement with Merrick Bank /ETS Corporation for credit card processing services. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 6. ORDINANCE A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Ordinance No. 2007 -04, establishing processing fees for credit card payments. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 6 Minutes continued, July 9, 2007 7. PAYMENTS A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Griffin to approve a payment to Carroll & Blackman, Inc. in the amount of $2,997.00, 12`h Street and Avenue H sewer line relocation. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve payments to ALLCO, Ltd. As follows: $36,518.00, 2007 Emergency Sewer Rehabilitation, Pay Request No. 1; and, $110,554.54, 2007 Emergency Sewer Rehabilitation, Pay Request No. 2. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve payment of the bills for the month of June, 2007. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. S. BUDGET Andre' Wimer, City Manager, gave a brief overview of the proposed 2006 -2007 budget and announced that the Public Hearing will be held at 6:00 p.m., July 23rd The proposed budget for all funds totals $17,866,730. The budget includes projected revenues of $7,266,709 and anticipated expenditures of $7,666,709. Fund balance, as a result of a temporary increase in sales tax collections, in the amount of $400,000 will be utilized to offset this difference which reflects a transfer to the Equipment Replacement Fund - General Fund. Mr. Wimer added that based upon information received from the Jefferson County Appraisal District, it appears that there will be a substantial increase in taxable values. Due to the amount of the increase a tax rate has not been projected at this time. The tax roll will be certified on or near July 25, 2007. At that time, it will be possible to then propose a tax rate for FY 2007 -2008. The City Manager reviewed the significant changes in the General Fund. Expenditures in the Legal Department have increased by $9,020 primarily as a result of an increase in monthly legal fees; Contractual Services increased by $13,000 due to anticipated additional costs paid to the Jefferson County Appraisal District; $19,200 increase for the purchase of nine (9) self- contained breathing apparatus air bottles and four (4) sets of bunker gear in the Fire Department; $3,200 for the purchase of four (4) tasers in the Police Department; $63,044 increase in overtime in the Police Department; $4,000 increase for Extra Help in Police- Prisoners due to the establishment of an increased and more routine use of inmate labor; $25,000 increase in Public Works Administration for the implementation and enforcement of Federal and State stormwater regulations; $175,000 for major street repairs; $14,800 total increase in all departments for electricity; $9,000 total increase in all department for fuel costs; and various Extra Help line items throughout the General Fund reflect increases due to the scheduled increase in the minimum wage in accordance with Federal regulations. The City Manager reviewed the significant changes in the remaining funds. The budget for Water Treatment reflects significant increases for chemicals, $12,100, and electricity, $10,000, both of which are due to current market conditions. Mr. Wimer Minutes continued, July 9, 2007 added that $90,000 has been included for repair and rehabilitation of the Canal Avenue water tower and $10,000 for painting the water filter room at the Water Treatment Plant. The Wastewater Treatment Plant budget includes $20,000 for I electricity costs in addition to amount allocated within the operations agreement with Severn Trent Environmental Services, Inc. The Solid Waste Fund includes a transfer to the Equipment Replacement Fund -Solid Waste Fund in the amount of $172,319 due to the significant increase in cost for both garbage and trash trucks. The proposed budget reflects an increase of $14,000 for fuel expenditures. Also included is $7,000 for the purchase of GPS hardware and software for Solid Waste Department vehicles, and video equipment to monitor unauthorized trash dumping. The Equipment Replacement Fund- General Fund includes $63,000 for the purchase of one (1) police car, one (1) car for the Inspections Department, and one (1) 3/4 ton pickup truck for the Shop. The Equipment Replacement Fund -Water and Sewer Fund includes $22,000 for a 3/4 ton pickup truck for the Water Distribution /Sewer Collection Department, and the Solid Waste Fund includes $195,000 for the purchase of a garbage truck. The budget for Central Dispatch includes the creation of one (1) additional Telecommunications Operator position; a Contingency amount of $25,000 as a means of attempting to increase the available fund balance; and a $10,000 transfer to General Fund to reimburse the City for administrative costs incurred in the operation and oversight of Central Dispatch. In order to fund these proposed expenditures the contribution to Central Dispatch will be based upon $1.19 per capita, which will increase Nederland's portion by $13,999. Total debt service requirements for FY 07 -08 total $2,043,925. ' With regard to personnel issues Mr. Wimer added that the budget includes a three and one half percent (3.5 %) cost of living increase for employees. He added that the proposed budget attempts to maintain sufficient levels of reserve funds, while allocating estimated revenues for operational expenses. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Resoltuion No. 2007 -11, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2007 and ending September 30, 2008, and calling for a Public Hearing to be held at 6:00 p.m., 3uly 23, 2007, for the purpose of discussing the proposed budget as per Article VII of the City Charter. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 9. CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, reviewed the proposed Five Year Capital Improvement Program for the years 2008 -2012 which identifies capital expenditures /projects totaling $3,812,500. 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 includes Water Treatment and Storage, Water Distribution System, Wastewater Treatment, Wastewater Collection System, Street Improvements, and Facility Improvements. Minutes continued, July 9, 2007 10. EXECUTIVE SESSION A motion was made by Councilmember Neal and seconded by Councilmember Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Neal and Griffin. Noes: Councilmember Sheffield. Absent: Mayor Nugent. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that it is anticipated that Texas Gas Service will be filing a rate increase within the next few days. He added that the City's bomag has been repaired and the cost was approximately $20,000. Mr. Wimer stated that he and La Donna Floyd, City Clerk, would be attending the Jefferson County Elections Committee meeting on Wednesday at the Courthouse. Councilmember Sheffield announced that he will be moving out of the City, therefore, will be ineligible to serve out the remainder of his term. He regrets that he will be unable to continue his service but he enjoyed his time serving the citizens of Nederland. Councilmember Sheffield indicated that this would be his last meeting. He then suggested that the remaining members of the City Council appoint former Councilmember Sawyer to his unexpired term. Mr. Wimer stated that the City Charter requires a replacement be appointed within 30 days. Mr. Hughes, City Attorney, added that if the Council does not accept Councilmember Sheffield's resignation today it would automatically become effective oil in eight days. Mayor Pro Tem Rogers suggested that a special meeting be called for Bill later in the week to appoint a replacement. Councilmember Neal stated that he would like to wait until the next regular meeting to make a final decision in order to give all citizens in Ward I an opportunity to submit their name for consideration. After a lengthy discussion the City Attorney was instructed to review State law and the City Charter to determine the proper procedure to appoint someone for the unexpired term of Councilmember Sheffield. 12. ADJOURN There being no further business a motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Griffin to adjourn the meeting at 5:22 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sheffield, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Bert Rogers, Mayor Pro Tern A�TTrEEST: LaDonna Floyd, City Clerk 1 ;114 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nu ent Tim Sheffield Mayor Council Member - Ward 1 ✓ Billy Neal Council Member -Ward II ✓ Debby Griffin Council Member - Ward III ✓ Bert Rogers Council Member - Ward IV ✓ Andre Wimer City Manager LaDonna Floyd Cit Clerk Corrie Ze eda Acting City Clerk ✓ Richard Hughes Ci Attorne ✓ Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Buildina Official Victoria Klehn Librarian t✓ Kelly Galloway Assistant to the City Manager /3-f /"� "I� Bert Rogers, Mayor Tern LaDonCna`Flloyd, City Clerk 17-9, o Date j 1 -12-5 ' CITY OF NEDERLAND ORDINANCE NO. 2007 -04 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING ACCEPTANCE OF CREDIT CARDS FOR PAYMENT OF FEES, FINES, COURT COSTS AND OTHER CHARGES AND ESTABLISHING A CREDIT CARD PAYMENT PROCESSING FEE IN ACCORDANCE WITH LOCAL GOVERNMENT CODE SECTION 132 WHEREAS, Section 132.002 of the Texas Local Government Code provides that the governing body of a municipality may authorize a municipal official who collects fees, fines, court costs or other charges to accept payment for these by credit card; and WHEREAS, Section 132.002 also provides that the official may also collect a fee for processing the payment by credit card; and WHEREAS, the City Council of the City of Nederland desires to amend the code of ordinances to allow acceptance of credit cards for payment of fees, fines, court costs or other charges; and WHEREAS, the City Council desires to set the credit card payment fee at an amount that is reasonably related to the expenses that are incurred by the City when municipal officials process a payment by credit card. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. A municipal official who is authorized to collect fees, fines, court costs ' and /or any other types of charges on behalf of the city may accept payment for any such fee, fine, court cost or other charge by credit card. Section 2. A municipal official who collects payment of any fee, fine, court cost or other charge shall collect a processing fee that is a percentage of the fee, fine, court cost or other charge paid by credit card. The percentage is three percent of the amount of the fee, fine, court cost and /or other charge paid by Credit Card to the City. Section 3. If, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn, the City shall collect a service charge from the person who owes the fee, fine, court cost or other charge in addition to the original fee, fine, court cost or other charge. The amount of the service charge shall equal the fee charged for collection of a check drawn on an account with insufficient funds as provided by other City Ordinances. Section 4. The municipal official collecting the processing fee or service charge under this chapter shall deposit the fee or charge in the general fund of the municipality. THAT this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 9T" day of July, 2007. Bert Rogers, Mayor Pi Tem City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk ' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard --RugKes, My Attorney City of Nederland, Texas t, CITY OF NEDERLAND RESOLUTION 2007 -11 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, 2007 AND ENDING SEPTEMBER 30, 2008. 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, 2007 and ending September 30, 2008; 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 6:00 p.m., July 23, 2007, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the c1 day of 4�11 2007. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ici hia�rd Hu'ghe4/City i —Y City of Nederland, Texas Bert Rogers, Mayorkgro Tern City of Nederland, Texas 127 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. MEETING July 23, 2007 The meeting was called to order at 6:00 p.m. by Mayor Pro Tern Bert Rogers 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 Griffin to approve the minutes of the July 9, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Neal and Griffin. Noes: None. Absent: Mayor Nugent. 3. PUBLIC OFFICIALS Mayor Pro Tern Rogers explained the process to appoint someone to fill the 110 1 Hit unexpired term for a vacant council position. The City's Home Rule Charter requires that the remaining members of the Council appoint someone from the vacant Ward I position. The City received a letter of interest from five citizens in Ward I - John Bernard, Mark Byars, Darrin Dykes, Jeff Ortize, and Robert Sawyer. He nominated Robert Sawyer to fill the unexpired term for the Council Ward I position. Mayor Pro Tern Rogers stated that Mr. Sawyer has 29 years experience with the City, having served on various boards and commissions, as well as representing Ward I on the Council for many years. Mr. Sawyer has indicated that he will not seek re- election at the next election. Mayor Pro Tern Rogers also stated that due to his not running in the next election and incumbent would not have an advantage over anyone desiring to seek this seat. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Neal to appoint Robert Sawyer to fill the unexpired term of the Council Ward I position until May 2009. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Neal and Griffin. Noes: None. Absent: Mayor Nugent. La Donna Floyd, City Clerk, administered the Oath of Office to Robert Sawyer for the Council Ward I position. A motion was made by Councilmember Griffin and seconded by Councilmember to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Neal and Griffin. Noes: None. Absent: Mayor Nugent. l }. Minutes continued, July 23, 2007 4. ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to set a 60 -day time period for Sol Arkeen Enterprises to comply with the demolition and removal of the structure located at 804 South Twin City Hwy., and in the event that the structure is not demolished 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 Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin, Noes: None. Absent: Mayor Nugent. SUBDIVISIONS A motion was made by Councilmember Sawyer and seconded by Councilmember griffin to postpone approval of the final plat for the Lakes of Nederland subdivision. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 6. UTILITIES Danny White, Texas Gas Service, gave a presentation concerning their Statement of Intent to Increase Rates within the Cities of Port Arthur, Port Neches, Nederland, and Groves, Texas dated July 10, 2007. Mr. White reported the rate request is in the amount of $574,130, which would increase the average customer's bill by $1.26 per month. A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to approve Ordinance No. 2007 -05, suspending the proposed rate increase request submitted by Texas Gas Service and authorizing a review of the filing. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. RESOLUTION A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve Resolution No. 2007 -12, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Jazz Etc., Inc. dba Rad Graphics. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. S. INVESTMENT REPORT Cheryl Dowden, Director of Finance, presented the Quarterly Investment Report for the Quarter ending June 2007. Minutes continued, July 23, 2007 A motion was made by Councilmember Griffin and seconded by Mayor Pro L Tem Rogers to accept the Quarterly Investment Report as presented. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 9. PUBLIC HEARING The regular meeting recessed and a Public Hearing was called to order at 6:44 p.m. by Mayor Pro Tern Rogers for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year 2007 -2008 Annual Budget. Andre' Wimer, City Manager, stated that in accordance with the City Charter a Public Hearing must be conducted prior to August 15th 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. The certified tax roll and the effective tax rate should be available sometime this week. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:46 p.m. 10. CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, briefly reviewed the Five Year Capital Improvement Plan, adding that it totals approximately $3.8million. 11. PAYMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve a payment to Carroll & Blackman, Inc. in the amount of $1,655.00, 12th Street and Avenue H sanitary sewer replacement. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve a payment to Compliance EnviroSytems, LLC in the amount of $7,052.82, CCTV inspection of sanitary sewer lines. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 12. EXECUTIVE SESSION A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. .12 9 130 Minutes continued, July 23, 2007 13. PUBLIC OFFICIALS' COMMENTS None. I 14. ADJOURN There being no further business a motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to adjourn the meeting at 6:53 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Bert Rogers, May ro Tern City of Nederland, Texas ATTEST: LaDonna Floyd, City Cler< 1 1 1 1 j31 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Council Member —Ward I Billy Neal Council Member —Ward 11 ✓ Debby Griffin Council Member —Ward III Bert Rogers Council Member —Ward IV Andr6 Wimer City Manager ✓ LaDonna Floyd City Clerk ✓ Corrie Zepeda Acting City Clerk ✓ Richard Hughes City Attorneyr✓ Darrell Bush Police Chief Gary Collins Fire Chief i✓ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official i✓ Victoria Klehn Librarian c� Kelly Galloway Assistant to the City Manager Bert Rogers, hfayor kb Tem col ' . c =� ' LaDonna Floyd, City Clerk Date 132 ORDINANCE NO. 2007-05 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING THE REVIEW INTO THE REASONABLENESS AND PRUDENCE OF THE PROPOSED RATES OF TEXAS GAS SERVICE'S SOUTH JEFFERSON COUNTY SERVICE AREA ' ( "TGS "); SUSPENDING THE EFFECTIVE DATE FOR THE PROPOSED RATES OF TGS NINETY DAYS; AUTHORIZING THE PARTICIPATION WITH OTHER CITIES SERVED BY TGS; AUTHORIZING THE PARTICIPATION IN OTHER PROCEEDINGS RELATED TO TGS' RATE REQUEST; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, ON OR ABOUT July 10, 2007 TGS filed a statement of Intent with the City Clerk in order to change rates and increase revenues; and WHEREAS, according to TGS the new rates would go into effect on August 14, 2007; and WHEREAS, in order to properly review the requested rates, it will be necessary for the City to suspend the proposed effective date for ninety days; and WHEREAS, pursuant to Section 103.022 of the Texas Utilities Code reasonable municipal rate case expenses are reimbursable by the gas utility. NOW, THERE FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The statements set out in the preamble to this ordinance are adopted herein ' as it fully sets forth therein. Section 2. The proposed effective date by TGS is suspended for an additional ninety days. Section 3. The City is authorized to intervene or participate in any proceeding related to the Statement of Intent filed by TGS on July 10, 2007. Section 4. TGS shall promptly reimburse the City's rate case expenses. Section 5. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Chapter 551. Section 6. This ordinance shall be effective immediately upon passage. PASSED AND APPROVED BY RIE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this the a2jday of 2007. w Bert Rogers, Mayd&lPro Tem City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM: Richard D. Hughes, City At they City of Nederland, Texas 1 133 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING August 13, 2007 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 Rogers and seconded by Councilmember Griffin to approve the minutes of the July 23, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. km]17;1 -*fa A#1i1Z Victoria Klehn, Director of Library Services, explained that the library received a grant in the amount of $1,000.00 from Entergy to be used to purchase prizes for the Teen Summer Reading Program. She added that in this first year of the Teen Summer Reading Program there were approximately 75 participants. 4. REQUEST Andre' Wimer, City Manager, explained that the South County Breakfast Lions Club has requested to have fees waived to reserve the Recreation Center. The club will be sponsoring a social event for club members and their families in the park on September 15, 2007, and would like to have the building reserved in the event of inclement weather. He added that the City's ordinance requires Council approval to waive any fees. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve a request from the South County Breakfast Lions Club to waive fees associated with rental of the Recreation Center. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. CITY SERVICES A motion was made by Councilmember Neal and seconded by Councilmember Sawyer 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, Griffin, and Rogers. Noes: None. Minutes continued, August 13, 2007 6. BUDGET Andre' Wimer, City Manager, explained that the Council can approve the proposed budget as is, or if they choose to consider the request of Chief Darrell Bush to add three new police officer positions they should postpone approval until the next meeting to allow staff to make necessary changes. The Council discussed the request and its effect on the proposed tax rate. In order to adopt a tax rate it would be necessary to know the number of police officers that may be added in order to fund their salaries /benefits, etc. Councilmember Sawyer stated that he would be agreeable to fund one additional officer at this time so that a tax increase would be minimal. Mayor Pro Tern Rogers agreed with Councilmember Sawyer and added that although he feels the need for three police officers can be justified he would like to see the positions phased in rather that funded in one year. Councilmember Griffin suggested that two positions be added. Mayor Nugent and Councilmember Neal agreed with Councilmember Griffin. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to postpone approving Ordinance No. 2007 -06, 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, Griffin, and Rogers. Noes: None. 7. TAX RATE A motion was made by Mayor Pro Tern Rogers and seconded by ' Councilmember Sawyer to postpone approving Ordinance No. 2007 -07, adopting a tax rate for the fiscal year beginning October 1, 2007 and ending September 30, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Neal to adopt the tax rate at 3:00 p.m., September 10, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Griffin to authorize two Public Hearings, one to be held at 3:00 p.m., Thursday, August 23, 2007 and the other at 6:00 p.m., Monday, August 27, 2007 to receive questions and /or comments regarding the proposed tax rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. CAPITAL IMPROVEMENT PROGRAM A motion was made by Councilmember Sawyer and seconded by I Councilmember Neal to approve the Five Year Capital Improvement Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, August 13, 2007 9. BIDS /PURCHASES A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Griffin to authorize a Request for Proposals for banking services to be received at 2:00 p.m., Tuesday, September 25, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to authorize a Request for Proposals for engineering services associated with the installation of a generator (Hurricane Rita Disaster Recovery) to be received at 2:00 p.m., Thursday, September 6, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. ELECTION Andre' Wimer, City Manager, explained that Ordinance No. 2007 -08 authorizes a street maintenance sales tax election to be conducted on November 6, 2007 for the purpose of reducing the current half -cent economic sales tax to one -fourth cent and establishing a one -fourth cent street maintenance sales tax. He added that, if approved by the voters, the tax could generate approximately $425,000 to $450,000 annually. The sales tax monies would likely be utilized for contracted street repairs as City crews, due to manpower and time, are limited in how much additional work could be performed. As envisioned, such additional maintenance would involve asphalt overlay and concrete repairs. Conversely, large rebuilding /expansion projects would require the use of long term financing in conjunction, possibly, with fund balance. As the street maintenance sales tax must be reauthorized every four (4) years, it does not provide a viable revenue source for the payment of long -term debt. Larry Ducharme, Nederland Economic Development Corporation President, stated that as a citizen he was not happy that the NEDC would lose over $400,000 per year, he does see the need for major street repairs. The NEDC has a fund balance of $3.6 million to help with incentives. Rick Williams, 510 Carriage Lane and former Executive Director of the NEDC, stated that he sees the work of the NEDC all over Nederland and he is not totally convinced that the City cannot find an alternative method to repair streets. He added that he is concerned with the potential decrease in funds for economic development and the impact it will have on new businesses. He asked that the City Council consider allowing the NEDC to research other avenues to generate money to be used for street repairs rather than decrease their budget. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve Ordinance No. 2007 -08, authorizing a Street Maintenance Sales Tax election to be conducted on November 6, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 't ;r Minutes continued, August 13, 2007 A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve a contract with Diebold Election Systems, Inc. for election related services associated with the Street Maintenance Sales Tax election to be held on November 6, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. BOARDS AND COMMISSIONS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to appoint Mark Byars to the Planning and Zoning Commission to fill the unexpired term of Robert Sawyer. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 12. RESOLUTIONS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve the final reading of Resolution No. 2007 -12, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Jazz Etc., Inc. dba Rad Graphics. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve the first reading of Resolution No. 2007- 13, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to All Pro Audio, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 13. STREETS LIGHTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to authorize the installation of street lights at Franklin Avenue and 13`h Street; 723 — 13`h Street; and, Helena Avenue and 13 "' Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 14. CONTRACTS /AGREEMENTS A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve a contract with Diebold Election Systems, Inc. for election related services associated with the May 10, 2008 General Election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, August 13, 2007 A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to approve an Agreed Order with the Texas Commission on Environmental Quality regarding the Wastewater Treatment Plant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 15. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a payment to ALLCO, Inc. in the amount of $125,364.66, 2007 Sewer Rehabilitation Project, Payment Request No. 3. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve the payment of the bills for the month of July. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 16. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 17. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City will begin taking credit card payments for water bills within the week. He added that credit card payments would also be accepted for building permits and traffic fines soon. 18. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Rogers to adjourn the meeting at 4:15 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor ATTEST: LaDonna Floyd, City Clerk 3'7 138 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Robert Sawyer Council Member -Ward I l✓ Billy Neal Council Member - Ward II ✓ Debby Griffin Council Member - Ward III Bert Rogers Council Member -Ward IV ✓ Andrb Wimer City Manager ✓ LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief ✓ Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. A. u ent, ayor ,4j, LaDonna Floyd, City Clerk' �?_ 13 -0-) Date 1 1 1 139 VOTING SYSTEM RENTAL, LICENSE, AND SERVICES AGREEMENT CUSTOMER: P.O. Box 1019 --0.00 Allen, n 75003 P.O.Box 967 469 -675 -8990 E l f C T l ON S Y S T f M S 800.433 -8683 (VOTE) Fax (214) 383 -15% 139 VOTING SYSTEM RENTAL, LICENSE, AND SERVICES AGREEMENT CUSTOMER: CITY OF NEDERLAND, TEXAS DIEBOLD ELECTION SYSTEMS, INC. Addresses P.O.Box 967 P.O. Box 1019 For Notices and Billing: Nederland, Texas 77627 Allen, TX 75013 .,�..,�' ,✓ Overnight Deliveries: Printed Name, Tittle Printed Nam , 1253 Allen Station Pkwy. APPROVED AS TO AL FORM Allen, TX 75002 tjy Attn: Contracts Department For Shipping (it different): 1400 Boston Avenue Auffiorized Signa Date Nederland, Texas 77627 UIQ Cie _ ,fir Contacts: LaDonna Floyd Therese Covington, Corporate Paralegal Drew Stewart, Sales Representative Phone: 409.723.1505 469. 675 -8990, ext. 1136 // 469.675.8990 x 1116 Fax: 214 -383 -1596 // 214~483.1596 Email: Itbyd ®ci.nederland.tx.us therese.covinciton ®diebold.com / astewartOdisboldes.com Diebold Election Systems, Inc. ( 'DESI') and the City of Nederland, Texas ("Customer' and, together with DESI, the "Parties ") hereby enter into this Voting System Rental Agreement ( "Agreement") as of the date of the last signature set forth below (the "Effective Date'). This Agreement consists of this "Signature Page," the below standard terms and conditions, and the following exhibit, each attached hereto and incorporated herein by this reference: • Exhibit A — Pricing and Payment Schedule The parties have executed this Agreement by their duty authorized representatives as of the Effective Date. CITY OF NEDERLAND, TEXAS DIEBOLD ELECTION SYSTEMS, INC. r 0 �! o Authorized Signature bite Authorized Signafurk 61 .,�..,�' ,✓ /Date i,S �i GAO < e Printed Name, Tittle Printed Nam , Itle APPROVED AS TO AL FORM tjy 1 ", , Authorized Signature Date Auffiorized Signa Date �Q� nno rho C I rh UIQ Cie _ ,fir Printed Name, Tide Printed Name, Till City of Nederland, Texas Voting System Rental, License, and Service Agreement Diebold Election Systems, Inc. Page 1 of 6 August 3, 2007 This Voting System Rental, License and Services Agreement ( "Agreement") is entered into by the City of Nederland, Texas, ( "Customer") and Diebold Election Systems, Inc., (DESI), a Delaware corporation and together with the City of Nederland, Texas ("Customer, the ( "Parties ") agree as follows: 1. Definitions 1.1. "DESI Software" means DESI's proprietary software and firmware as delivered to Customer on digital or magnetic media or loaded on the Hardware delivered hereunder, together with any user manuals or other associated documentation. 1.2. "Hardware" means DESI's voting system machines as specified in Exhibit A. 1.3. "Licensed Software" means the DESI Software and Third -Parry Software, collectively, together with any user manuals or other associated documentation. 1.4. "Specifications ° means descriptions and data regarding the features, functions and performance of the Hardware and/or DESI Software, as set forth in associated user manuals or other applicable documentation. 1.5. "System" means the Hardware and Licensed Software, collectively. 1.6. 'Third -Party Software" means software owned by a third party that is provided by DESI hereunder, together with any user manuals or other associated documentation. 2. Term. This Agreement is effective as of the Effective Date and expires on August 8, 2008 unless earlier terminated under Section 12 or extended under Section 2.1 below (the "term'; provided that: 2.1. The Parties may extend the Term of this Agreement by agreeing in writing, before the expiration date set forth above, on a later expiration date; 2.2. Section 7 (to extent of any payments still due) and Section 10 will survive any expiration or termination of this Agreement in accordance with their respective terms; and 2.3. Terns of this Agreement that do not survive expiration or termination will nonetheless be effective in determining the Parties' rights and obligations as to acts, omissions or events taking place before such expiration or termination. 3. DESI's Responsibilities 3.1. Commencing on the Effective Date and continuing during the Tenn, DESI will provide the services described in the scope of work attached hereto as Exhibit A. 3.2. DESI shall rent the Hardware to Customer pursuant to Section 5 of this Agreement. 3.3. DESI shall license the Licensed Software to Customer pursuant to Section 6 of this Agreement. 3.4. DESI shall provide the services described in Exhibit A with respect to System delivery, installation and training and support of a Customers absentee voting process. 3.5. DESI shall appoint a customer support representative, who will serve as a first point of contact with Customer, will be authorized to make day -to -day decisions relating to this we Agreement and will have access to DESI's management for other decisions. 3.6. DESI shall have conducted criminal background checks on all on -site DESI personnel as a regular course of doing business. 3.7. DESI shall notify the Customer in writing, via e-mail or phone call no less than one (1) hour prior to the on -site visit of any DESI personnel to the Customer's Jurisdiction. 3.8. DESI shall provide Customer, in accordance with the Texas State mandate, and at a cost reflected in the Price Quote Exhibit A, an electronic election back up. Customer will receive a CD of such election back -up for their retention. 4. Customer Responsibilities 4.1. Customer shall provide DES] with physical accommodations reasonably required for DESI to perform its obligations, including premises access, electrical power, data connectivity, heat, ventilation and air conditioning. 4.2. Customer shall provide access to information and personnel reasonably required for DESI to perform its obligations. 4.3. Customer shall appoint a project manager, who will serve as a first point of contact with DESI, will be authorized to make day -to -day decisions relating to this Agreement and will have access to Customer's authorized officials for other decisions. 4.4. CUSTOMER SHALL RETAIN ALL ORIGINAL RENTAL EQUIPMENT PACKAGING, INCLUSIVE OF INNER PLASTIC BAGS AND TIES, TO ELIMINATE OR REDUCE THE EXPENSES OF REPACKAGING SUPPLIES REQUIRED TO RETURN THE EQUIPMENT UPON COMPLETION OF RENTAL. 5. Hardware 5.1. DESI agrees to rent the Hardware to Customer during the Term. Any additional terms and conditions applicable to such rental will be set out in Exhibit B 5.2. Customer acknowledges that, unless and until Customer exercises its purchase option, as between DESI and Customer, DESI owns the Hardware and retains title thereto. Customer shall avoid damage or loss to the Hardware, normal wear and tear excepted. Customer shall not permit any Hardware to be moved outside the geographic area of Customer's jurisdiction ( "Jurisdiction °), or that of their legal representative, or surrender control of or sell any Hardware, and shall keep the Hardware free from security interests and other encumbrances. 5.3. Upon expiration or termination of this Agreement for ' any reason, Customer will cease all use of the System and City of Nederland, Texas Voting System Rental, License, and Service Agreement Diebold Election Systems, Inc. Page 2 of 6 August 3, 2007 I W promptly make all components of the System available for pick up by DESI. Licensed Software 6.1. Subject to the terms of this Agreement, DESI grants Customer a non - exclusive license, without the right to transfer or sublicense, to use the DESI Software only in object code form, only during the Term and only in preparing for and conducting federal, state or local elections, run -offs, referenda and other similar voting events that take place within the geographic area of the Customer's "Jurisdiction ". The foregoing license may be exercised on Customer's behalf by any of its officials, employees or volunteers authorized to conduct Elections. 6.2. Subject to the terms of this Agreement, DESI agrees to sublicense the Third -Party Software to Customer only in object code form, only for use during the Term as part of the System and only for the purposes described in Section 6.1 above. This sublicense is conditioned on Customer's continued compliance with the terms and conditions of the end -user licenses contained on or in the media on which Third -Party Software is provided. 6.3. Other than as expressly set forth in Sections 6.1 and 6.2 above, DESI does not, expressly or by implication, assign or license any intellectual property rights to Customer or to any third party. 6.4. Upon expiration or termination of this Agreement for any reason, the licenses granted in this Agreement will terminate without further action by either Party, and Customer will cease all use of the Licensed Software. 7. Payment 7.1. In consideration of the products, licenses and services provided under this Agreement, Customer shall pay DESI the amounts specified in Exhibit A at the times specified therein. 7.2. Customer is responsible for all sales, excise, personal property or other taxes or duties on the amounts paid or products, licenses or services provided under this Agreement. It Customer is exempt from such taxes or duties, Customer shall provide DESI with a tax exemption certificate. 8. Limited Warranties 8.1. DESI warrants that, during the Term, the DESI Software will perform free of defects that would prevent the System from operating in conformity m all material respects with its Specifications, so long as such DESI Software is operated with hardware and software approved by DESI for use with such DESI Software. 8.2. DESI warrants that, during the Term, the Hardware will perform free of defects that would prevent the System from operating in conformity in all material respects with its Specifications, so long as such Hardware is operated with hardware and software approved by DESI for use with such Hardware. City of Nederland, Texas Diebold Election Systems, Inc. Page 3 of 6 8.3. The warranties in Sections 8.1 and 82 do not apply to the Third -Parry Software or to any other third -parry products. Notwithstanding the foregoing: 8.3.1. To the extent permitted by the manufacturers of Third -Party Software, DESI shall, during the Term, pass through to Customer all warranties such manufacturers make to DESI regarding the operation of such Third - Parry Software. 8.3.2. DESI warrants that, during the Term, all components of the Hardware and DESI Software will interface and function property with the Third -Parry Software, so long as the Third -Party Software operates in compliance with all applicable manufacturers' warranties. 6.4. DESI will promptly undertake repair or replacement of any Hardware or DESI Software that fails during the Term to operate in accordance with any warranty under this Agreement. During the election cycle (one month prior to and after each election date), repair or replacement will be made within 48 hours after request for service. Such repair or replacement is Customer's exclusive remedy for such a failure. 8.5. DESI DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY BASED ON A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 9. Limitation of Liability. Neither Parry will be liable to the other Party under this Agreement for (1) consequential, special, punitive or incidental damages or (2) compensatory damages in excess of the total of all amounts payable under this Agreement during the six - month period preceding the event or events giving rise to liability. 10. Confidential Information. Neither Party will use or disclose the other Partys Confidential Information without the other Party's prior written consent "Confidential Intortnation" means, as to DESI, the DESI Software and all user manuals and other documentation provided hereunder and, as to either Party, any information labeled confidential by the Parry when it is disclosed. This paragraph does not apply to information (a) after it becomes publicly known through no fault of the receiving Parry, (b) already rightfully in the receiving Party's possession when received as shown by the Party's records mak atned in the ordinary course, (c) developed by the receiving Party without the use of the other Partys Confidential Information as shown by the Partys records maintained in the ordinary course or (d) required to be disclosed by law so long as the other Parry is given immediate notice of the disclosure order or request (including requests under open records acts or other similar laws) that the information be disclosed and the fullest opportunity permitted by haw to prevent or limit the disclosure. Each Party acknowledges that its breach of this Section 10 may cause the other Party substantial and irreparable harm for which the other Party would be entitled to equitable relief in addition to any available legal remedies. Each Party hereby waives any requirement to post bond or Voting System Rental, License, and Service Agreement August 3, 2007 provide other security as a condition to receiving such equitable relief. 11. Force Msjeure. DESI's obligations hereunder will be suspended so long as its performance is impeded or prevented by causes beyond DESI's reasonable control, including acts of God, embargoes, acts of war (including terrorist attacks), labor disturbances and acts or regulations of governmental entities. 12. Termination 12.1 Termination for Cause. It either Party materially breaches this Agreement and does not cure the breach within 30 days after receiving written notice of the breach from the non- breaching Party, the non - breaching Party may terminate this Agreement as of a termination date specified in that notice or in a subsequent notice delivered within the 30 -day period. If the breach is of such a nature that it cannot be completely cured within the 30-day period, no default will occur if the Party receiving the notice begins curative action within the 30-day period and thereafter proceeds with reasonable diligence and in good faith to cure the breach as soon as practicable. 12.2 Termination For Convenience. 12.2.1 DESI and Customer shall have the right to terminate this Agreement for any reason upon sixty (60) days' prior written notice to the other party, however, the Agreement may not be cancelled by either party less than one hundred twenty (120) days prior to a scheduled election. During the notice period, DESI shall continue to provide the agreed upon services, unless Customer shall direct that DESI cease all work, in which case the Agreement shall be deemed terminated consistent with the preceding during such notice period. 12.2.2 Customer shall have the right to terminate this Agreement for any reason with DESI retention of the rental price to the extent as prescribed: 12.2.2.1 Written notice received by DESI before 30 days of an election, DESI shall retain 00% of the rental price. 12.2.2.2 Written notice received by DESI 29 days or less than an election, DESI shall retain 50% of the rental price. 13. Indemnification. Notwithstanding any other provision in this Agreement to the contrary, DESI shall indemnify, defend, and hold harmless, less the amount of value of this Agreement, the other party and its officers, directors, agents, employees, and owners from and against any and all demands, claims, damages to persons or property, losses, and liabilities, including reasonable attorneys' fees (collectively, 'Claims'), arising solely out of or solely caused by the indemnifying party's gross negligence or willful misconduct in connection with the services contemplated by this Agreement. 14. Risk of Loss Insurance. Customer shall bear the entire risk of loss or damage to the Hardware and Licensed Software. The occurrence of any such loss or damage shall not permit Customer to delay or reduce the payment of any fees prescribed under this Agreement. Customer shall, at its own expense, obtain and maintain property and casualty insurance for the Hardware and Licensed Software against all risks of loss or damage. The amount of such insurance shall not be less than the replacement cost of the Hardware and Licensed Software. All policies for such insurance shall (i) designate DESI as a named insured and DESI and Customer as loss payees, as their interests may appear and (ii) contain a provision that entitles DESI to at least fifteen (15) days' written notice prior to cancellation or mods icabon of such insurance policy. Customer shall provide DESI with a certificate of insurance with respect to such policy on or before the time of delivery of the System. For purposes of calculating insured loss, DESI shall provide replacement copies of lost or damaged DESI Software for the cost of materials, provided that DESI provides Customer with proof of loss or damage. 15. Miscellaneous 15.1 Neither Parry may assign any rights or delegate any obligations under this Agreement without the prior written consent of the other Parry; provided that DESI may, upon 30 days' prior written nofice to Customer, assign its rights and delegates its obligations under this Agreement to another entity controlled, directly or indirectly, by Diebold, Incorporated, and may, upon prior notice to Customer, subcontract obligations under this Agreement to third -party providers. Any attempted assignment in violation of this Section will be null and void. 15.2 If any term of this Agreement is held to be unenforceable, the other terms of this Agreement will be enforced to the fullest extent permitted by law. 15.3 This Agreement may be executed in counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. 15.4 This Agreement will be governed by and construed under the laws of the State of Texas, and the state and federal courts within Texas have non - exclusive jurisdiction for all actions to enforce this Agreement. 15.5 No waiver or failure by a Party to assert any right under this Agreement on any one occasion will operate as a waiver of any other right on that occasion or any right on any other occasion. 15.6 All notices under this Agreement will be delivered personally, sent by confirmed facsimile transmission, sent by nationally recognized express courier or sent by certified or registered U.S. mail, return receipt requested, to the address shown below or such other address as may be specified by either Party to the other Party in compliance with this Section. Notices will be deemed effective on personal receipt, receipt of such electronic facsimile confirmation, two days after such delivery by courier and four days after such mailing by U.S. mail. 15.7 This Agreement, including the Exhibit attached hereto as of the Effective Date (which is incorporated herein by this reference), is the complete and final expression of the Parties' City of Nederland, Texas Voting System Rental, License, and Service Agreement Diebold Election Systems, Inc. Page 4 of 6 August 3, 2007 1 agreement regarding its subject matter and supersedes all prior or contemporaneous communications or agreements, written or oral, by the Parties regarding that subject matter. In the event of any conflict or ambiguity between the terms set forth in the body of this Agreement (i.e., Section 1.1 through this Section 16.7) and those set forth in the attached Exhibit, the terms set forth in the body of this Agreement will prevail. No amendment or supplement to this Agreement is effective unless in writing and signed by both Parties' authorized representatives. In this Agreement, the word "include" (or any of its derivatives) is deemed to be followed in all contexts by the words "without limitation." Headings are included for convenience and will be ignored in interpreting this Agreement. City of Nederland, Texas Voting System Rental, License, and Service Agreement Diebold Election Systems, Inc. Page 5 of 6 August 3, 2007 EXHIBIT A lords City of Nederland, Texas Voting System Rental, License, and Service Agreement Diebold Election Systems, Inc. Page 6 of 6 August 3, 2007 1 00 2 $2,500.00 15 54,875.00 2 $0.00 2 $0.00 2 $0.00 2 $0.00 2 $0.00 4 $0.00 10 $0.00 2 $0.00 2 $0.00 2 $0.00 4 $0.00 2 $0.00 2 $0.00 15 $1,125.00 $0.00 $0.00 1 $0.00 75 $75.DD $0.00 $0.00 1 $0.00 $0.00 1 $0.00 10 $0.00 7 5105.00 i WOO 1 $1,500.00 $0.00 1 $1,500.00 $0.00 $0.00 1 $0.00 b Told $11 Iseoun $Y 12L0O wount $524.00 Total SO 958.00 City of Nederland, Texas Voting System Rental, License, and Service Agreement Diebold Election Systems, Inc. Page 6 of 6 August 3, 2007 1 14") CITY OF NEDERLAND ORDINANCE NO. 2007- Oq AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, CALLING A SPECIAL ELECTION ON TUESDAY, NOVEMBER 6, 2007; DESIGNATING THE POLLING PLACES; PROVIDING FOR OTHER MATTERS RELATING TO THE SPECIAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, a Special Election is hereby ordered to be held on the 6`" day of November, 2007, for the purpose of submitting to the resident qualified electors of the City of Nederland the proposition "for" or "against' the "Shall the City Council of the City of Nederland, Texas be authorized to impose and adopt a sales and use tax that decreases the currently effective rate of additional sales and use tax for purposes of economic development from one -half (1/2) of one percent to the rate of one quarter (1/4) of one percent, for the purposes permitted by the provisions of Section 46, as amended, Texas Revised Civil Statues Annotated Article 5190.6, to pay the costs of projects, including the costs of constructing, improving and equipping any projects that will promote new or expanded business enterprises within the City, along with paying the maintenance and operating expenses related to these projects; and adopt a sales and use tax for the purposes permitted by Chapter 327,as amended, Texas Tax Code at the rate of one - quarter (1/4) of one - percent (1 %) to pay the costs to maintain and repair municipal streets." 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, an ordinance should be ■: passed establishing the procedure to be followed in said election, and designating the L voting places for said election. NOW, THEREFORE, BE IT ORDAINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. In accordance with Texas Election Code, Sec. 42.0621, an election held on the November uniform election date shall use the regular county election precincts. The polling places on election day, November 6, 2007, for the voting precincts in the City of Nederland are as follows: Jefferson County Precinct No. 36 — Langham Elementary 800 — 12 Street Nederland, Texas Jefferson County Precinct No. 37 - Highland Park Elementary 200 South 6" Street Nederland, Texas Jefferson County Precinct No. 56 - C. O. Wilson Middle School 2620 Helena Nederland, Texas Jefferson County Precinct No. 69 - Nederland Recreation Center 2300 Avenue H Nederland, Texas Jefferson County Precinct No. 83 - Central Middle School 200 — 17" Street Nederland, Texas L Section 2. The polls at each of the polling places on Election Day shall be open from 7:00 a.m. to 7:00 p.m. Section 3. LaDonna Floyd is hereby appointed Clerk for Early Voting. The Early Voting for the above designated election shall be at the Nederland City ' Office Building, 1400 Boston Avenue, Nederland, Texas, and said place of Early Voting shall remain open for at least eight (8) hours on each day for Early Voting which is not a Saturday, Sunday, or an official State holiday, beginning on the fifteenth (15) day and continuing through the fourth (4`") 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. As required under Section 85.005(d), Election Code, early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours on two weekdays, if the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Tuesday, October 23, 2007 and Tuesday, October 30, 2007. 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. Section 4. All ballots shall be prepared in accordance with Texas Election Code. Paper ballots shall be used for early voting by mail and for provisional ballots. The AccuVote -Touch Screen ITS or TSX) (Direct Recording Electronic) shall be used for early voting by personal appearance and voting on Election Day. The City Council hereby adopts for use in early voting and Election Day voting the AccuVote -Touch Screen (TS or TSX) (DRE) as approved by the Secretary of State. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials is hereby authorized. Section 5. 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. Section 6. 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 bulletin 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 /3 day of , 2007. R. A. N ge Mayor City of NedLdrland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City AMorney ' City of Nederland, Texas CITY OF NEDERLAND RESOLUTION 2007 -12 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one -half cent sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation (`Board ") relating to the offering of an incentive to Jazz Etc., Inc. dba Rad Graphics, in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 23rd day of July ,2007 at which meeting a quorum was present and voting. Cam' Bert Rogers, Mayor o Tern City of Nederland, Texas ATTEST: 'dry � 4 t LaDonnA Floyd, City Clerk City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: 55 'l r--._- Richard D. Hughes, City Attofney City of Nederland, Texas 147 Resolution No. 2007 -12 Page 2 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 13 day of August , 2007, I at which meeting a quorum was present and voting. R.A. Nu ent, 6fayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: I(ichard D. Hughes, City ttomey City of Nederland, Texas 1 u SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. 1. MEETING August 23, 2007 The special 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. PUBLIC HEARING The special meeting was recessed and a Public Hearing was called to order at 3:03 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the proposed tax rate of $0.594830/$100 assessed valuation for FY 2007 -2008. Andre' Wimer, City Manager, explained that in accordance with State statutes if the proposed tax rate is above the effective tax rate it is necessary to conduct two Public Hearings. This is the first of the two required Public Hearings with the second scheduled for August 27`". The proposed tax rate of $0.594830/$100 will be sufficient to fund the two additional police officer positions requested by Chief Darrell Bush. A discussion was held on the different proposed tax rates and the potential impact on homeowners. There being no questions and /or comments the Public Hearing was adjourned and the special meeting was reconvened 3:40 p.m. by Mayor Nugent. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the special meeting at 3:40 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: J% / ' LaDonna Floyd, City Clerk 11 City of Nederland, Texas 150 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Robert Sawyer Council Member —Ward I I/ Billy Neal Council Member —Ward II (� Debby Griffin Council Member —Ward III Bert Rogers Council Member — Ward IV Andre Wimer City Manager ✓ LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. A. Nugent, Mayor s:&", :,"a - LaDonna Floyd, City Clerk -4& p Date 1 1 I�I1I �J REGULAR MEETING OF THE CITY COUNCIL OF THE 4 CITY OF NEDERLAND 6:00 p.m. MEETING August 27, 2007 The regular meeting was called to order at 6:00 p.m. by Mayor Pro Tern Bert Rogers 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 Councilmember Neal to approve the minutes of the August 13, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 3. PUBLIC HEARINGS The regular meeting was recessed and a Public Hearing was called to order at alai 6:01 p.m. by Mayor Pro Tern Rogers for the purpose of receiving questions and /or comments regarding the proposed tax rate of $0.594830/$100 assessed valuation for FY 2007 -2008. Andre' Wimer, City Manager, explained that this is the second of two required Public Hearings to discuss the proposed tax rate. The $0.594830/$100 assessed valuation was suggested in order to fund two additional police officer positions as requested by Chief Darrell Bush. This rate does reflect a $.09 decrease in the tax rate but is above the effective tax rate. There being no questions and /or comments the Public Hearing was adjourned at 6:05 p.m. by Mayor Pro Tern Rogers, A Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 6:05 p.m. by Mayor Pro Tern Rogers for the purpose of receiving questions and /or comments regarding the rezoning of property located at 2704 Avenue H described as Lot 2, Block 2, Hillcrest 2nd Addition, from Multi Family Zoning to Neighborhood Retail Zoning. Andre' Wimer, City Manager, stated that the Planning and Zoning Commission recommends the rezoning of the above stated property to Neighborhood Retail Zoning. There being no questions and /or comments the Joint Public Hearing was adjourned and the regular meeting was reconvened at 6:11 p.m. by Mayor Pro Tern Rogers. Minutes continued, August 27, 2007 4. ZONING A motion was made Councilmember Neal and seconded by Councilmember Sawyer to authorize the zoning of property, described as Lot 2, Block 2, Hillcrest 2 "d Addition, from Multi Family Zoning to Neighborhood Retail Zoning. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 5. COMMENTS Kermit Davis, 1214 South Twin City Highway, representing Sol Arkeen Enterprises and the properties located at 804 South Twin City Highway and 1208 South Twin City Highway. Mr. Davis stated that they are aware of the Council's recent demolition order of the structures at these locations. He added that the structure at 1208 South Twin City Highway has been demolished and the debris is in the process of being cleared. The 804 South Twin City Highway location is involved in litigation due to damages suffered during Hurricane Rita. Mr. Davis is requesting an extension on the demolition of this structure. Andre' Wimer, City Manager, explained that the Council did issue a 60 -day demolition order and if that is changed and the structure is not removed the process will have to start over with written notices, publications, Public Hearings, etc. He advised Mr. Davis and the Council that authorization to advertise for demolition bids will be on the September 24`h agenda and, if approved, will then be published twice in the newspaper. After publication bids will be opened and tabulated and then placed on the next agenda to award bids. This process will take several weeks after authorization to advertise for bids. The time frame involved in obtaining and awarding bids will essentially give the property owners additional time to have the structure demolished. Mr. Wimer asked that Mr. Davis report on the status of the property to him so that he can keep Council informed on the progress of the demolition. STREET MAINTENANCE SALES TAX Tracie Killian, Executive Director of the Nederland Economic Development Corporation, addressed the Council requesting that they cancel the Street Maintenance Sales Tax election scheduled for November 6, 2007. She stated that if the sales tax is approved by the voters if would essentially decrease their budget by half. Mrs. Killian reviewed the NEDC's budget and fund balance. She added that she is aware that the need for street repairs is important to the citizens, but she also believes that with their budget so drastically reduced it will have a devastating effect on economic development and growth. She asked for more time to find a solution that would benefit both the City and NEDC. Mrs. Killian reported that their attorney found that EDC funds could be used for street repairs in commercial areas if it can be shown to benefit economic development. The NEDC would be willing to assist ' in street repairs anyway they legally can. Minutes continued, August 27, 2007 Andre' Wimer, City Manager, stated that each year the City Council expresses a desire to have more funds placed in the street program and the new sales ' tax would provide funds that would strictly be dedicated to street repairs and maintenance. He added that there are three councilmembers on the NEDC Board of Directors and they realize the issues on both sides. Mrs. Killian does bring valid points to the Council and the decision to be made by the Council is to do what is in the best interest of the citizens and the NEDC. Councilmember Neal stated that street repairs are badly needed but we also need to assist in any way we can to help the growth of Nederland. He would be in favor of waiting until the next General Election to place the issue on the ballot. A motion was made by Councilmember Neal to approve Ordinance No. 2007- 10, canceling the Street Maintenance Sales Tax election scheduled for November 6, 2007. The motion died for lack of a second. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to postpone terminating a contract with Diebold Election Systems, Inc. for election related services associated with the Street Maintenance Sales Tax election. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 7. BUDGET ' A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to approve Ordinance No. 2007 -06, an appropriation ordinance adopting a budget in accordance with Article VII of the City Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes. None. Absent: Mayor Nugent. S. ORDINANCES A motion was made by Councilmember Neal and seconded by Councilmember Griffin to approve an Amendment to Ordinance No. 107, establishing a no parking zone on Memphis Avenue from 23rd Street to 27`" Street. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Griffin to approve Ordinance No. 2007 -09, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. F1 1 Minutes continued, August 27, 2007 9. REQUEST A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a request from Nederland South Little League for utility reimbursement. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 10. CITY OF NEDERLAND EMPLOYEE BENEFITS TRUST The regular meeting was recessed at 7:08 p.m. by Mayor Pro Tern Rogers for the purpose of conducting a meeting of the City of Nederland Employee Benefits Trust to award bids for Life /AD &D insurance. The regular meeting was reconvened at 7:12 p.m. by Mayor Pro Tern Rogers. 11. RESOLUTION A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve Resolution No. 2007 -13, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to All Pro Audio, Inc. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 12. LIBRARY A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Griffin to authorize the submission of a grant to the Hebert Foundation for the Marion & Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 13. CONTRACTS /AGREEMENTS Andre' Wimer, City Manager, discussed the approval of a contract with American Traffic Solutions, Inc. He indicated that the agreement includes a 120 -day termination provision that will allow staff additional time to evaluate the feasibility of such a system. Staff will report back to the City Council within the 120 days as to whether installation of these cameras is recommended. A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to approve a contract with American Traffic Solutions, Inc. for red light traffic enforcement cameras. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Minutes continued, August 27, 2007 14. EXECUTIVE SESSION A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None, Absent: Mayor Nugent. 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that Victoria Klehn, Director of Library Services, received a grant in the amount of $5,901. He added that the Nederland Fire Department also received a grant in the amount $144,500 to be used for radios, self- contained breathing apparatus, and a thermal imaging camera. The City will be responsible for 5 %. Mayor Pro Tem Rogers asked that everyone keep Mayor Nugent and his family in their prayers during his surgery and recovery this week. 16. ADJOURN There being no further business a motion was made by Mayor Pro Tem Rogers and seconded by Councilmember griffin to adjourn the meeting at 7:25 p.m. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Bert Rogers, Mayor Qo Tem City of Nederland, Texas ATTEST: La i Floyd, Clerk City of Nederland, Texas u CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member —Ward I ✓ Billy Neal Council Member —Ward II Debby Griffin Council Member —Ward III / 4/ Bert Rogers Council Member —Ward IV Andr6 Wimer Citv Mana er LaDonna Flo d City Clerk ✓ Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorne ✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager 1/3zi/ Bert Rogers, Ma or Pro Urn LaDonna Floyd, City Clerk Date 1 1 1 CITY OF NEDERLAND ' RESOLUTION 2007 -13 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one -half cent sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the . development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ( "Board ") relating to the offering of an incentive to All Pro Audio, Inc., in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 13th day of August ,2007 at which meeting a quorum was present and voting. R.A. Nugent jlayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: Z s Richard D. Hughes, City At mey City of Nederland, Texas 158 Resolution No. 2007 -13 Page 2 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 27`h day of August '2007, I at which meeting a quorum was present and voting. Bert Rogers, Mayor Pro T City of Nederland, Texas ATTEST: cNVtic ..,/ LaDonna Floyd, City Clerk' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cil Attorney City of Nederland, Texas 1 i CITY OF NEDERLAND ORDINANCE NO. 2007-09 AN ORDINANCE ESTABLISHING WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL, AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, AND FURTHER PROVIDING FOR INTEREST PENALTIES, RE- CONNECTION CHARGES, TRANSFER FEES, AND RETURNED CHECK FEES AND REPEALING ORDINANCE NO. 2006-16. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the rates for utility services now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits. SECTION 1. Reveal of Previous Ordinances and Reeulations. 1. All other ordinances and/or regulations governing City of Nederland water and sewer service in conflict with this ordinance are hereby repealed when this ordinance takes effect, provided, however, the repeal of prior ordinances does not waive, excuse, or vacate any balances due for water services provided hereunder and the City may collect such balances due. SECTION 2. Water and Sewer Systems. 1. The water system and sewer system are public utilities operated and maintained by the City of Nederland. The systems shall be operated in accordance with ordinances and policies adopted by the City of Nederland, State law, and/or Federal law. Subject to such requirements, the City Manager may make such reasonable regulations as to govern the water and sewer systems to ensure their continued operation. 2. For the purpose of this ordinance, the terms "water service" and "utility service" shall be inclusive of water service, sewer service, and garbage/trash services as provided by the City of Nederland. 3. For the purpose of this ordinance, the term "customer' shall mean the person responsible for payment and/or all persons acting for him/her or by his/her direction. SECTION 3. Application for Water Service. 1. Any person and/or business required to or desiring to obtain water service from the City of Nederland shall make application on a form supplied by the City. The application shall include: a) name of the individual to be responsible for the payment of utility service; b) the social security number of the individual responsible for payment; c) the driver's license number; d) the applicant's employer; e) the applicant's work telephone number; f) address to be served; g) address, if different from the service address, to which bills are to be sent; h) home telephone number; i) the signature of the individual responsible for payment, and j) proof of identification. 2. The person responsible for the payment of utility service shall agree that he/she will abide by all ordinances, rules, policies, and/or regulations governing water and sewer service provided by the City. IOtt SECTION 4. Installation of Service. Inside City 1. No private service lines shall be connected or tapped to any City water line unless a meter is ' installed by the City at that connection. (No Street Excavation) 2. No private service lines shall be connected to any City sewer line unless the connection/tap $ 350.00 has been made and/or approved by the City. 1" Water Tap 3. Not more than one (1) premise may be connected to any one (1) water and/or sewer tap. 675.00 Exceptions may, however, be granted to this stipulation for situations involving a master 650.00 meter to serve apartment complexes, mobile home parks, etc. 2" Water Tap 4. No person shall make or permit to be made any subsidiary connection of another's premises 2,100.00 with his/her water or sewer service. Cost 5. If approved by the City, additional water services may be provided to residences and/or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation, water provided by such separate service will not be discharged through the City's sewer system. SECTION S. Water Connection/Paos. 1. The City reserves the right to tap existing City water lines, set water meters, and require use of City taps and meters. 2. Any individual or business desiring a water tap shall make said request to the City. If said request, in the City's opinion, is beneficial to the City and/or does not endanger the existing water line and/or water system, the City shall provide all materials, labor and equipment to tap the existing water line. ' 3. The City shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: If street excavation is required, the following fees will be assessed in addition to the fees listed above: Inside City Outside City Length (No So—t Excavation) (No Street Excavation) 3/4" Water Tap $ 350.00 $ 525.00 1" Water Tap 450.00 675.00 1 1/2 " Water Tap 650.00 975.00 2" Water Tap 1,400.00 2,100.00 Over 2" Water Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Taps. 1. The City reserves the right to tap existing City sewer lines. lJ Additional Cost for Street Excavations Length Asphalt Concrete 11-10, $200.00 $ 300.00 11' — 20' 375.00 550.00 21'— 30' 525.00 675.00 31' — 40' 700.00 875.00 41'— 50' 850.00 1,050.00 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Taps. 1. The City reserves the right to tap existing City sewer lines. lJ r1 J 1 2. Any individual or business desiring a sewer tap shall make said request to the City. If said request, in the City's opinion, is beneficial to the City and/or does not endanger the existing sewer line and/or sewer collection system, the City shall provide all materials, labor and equipment to tap the existing sewer line. 3. The City shall make the final determination as to the location of the sewer tap. 4. The sewer connection fees are as follows: 8" depth/width or less Inside City Outside City Length (No Sneer Excavation) (No S,-t Exc mioo) 4" Sewer Tap $200.00 $300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 8" depth/width or more Inside City Outside City 41' - 50' (No Street Excavation) (No Street Excavation) 4" Sewer Tap Cost Cost x 1.5 6" Sewer Tap Cost Cost x 1.5 8" Sewer Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: SECTION 7. Water Meter and Garbaae Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the City in accordance with the following schedule: 3/4" and Smaller Water Meter 1" Water Meter 1 '/2 " Water Meter 1 3/4 " Water Meter 2" and Larger Water Meter Inside City Additional Cost for Street Excavations $100.00 Length Asphalt Concrete 11-10, $200.00 $ 300.00 11' - 20' 375.00 550.00 21'- 30' 525.00 675.00 31' - 40' 700.00 875.00 41' - 50' 850.00 1,050.00 SECTION 7. Water Meter and Garbaae Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the City in accordance with the following schedule: 3/4" and Smaller Water Meter 1" Water Meter 1 '/2 " Water Meter 1 3/4 " Water Meter 2" and Larger Water Meter Inside City Outside City $100.00 $100.00 150.00 150.00 200.00 200.00 250.00 250.00 300.00 300.00 2. In order to be provided with an additional garbage container, which shall be limited to one (1) additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. SECTION 8. Application of Deposit 1. Upon the termination of water service, at the request of the customer, the deposit or any portion of the deposit remaining shall be returned to the customer when water and all other charges have been paid. ' 2. Current customers, who continue to maintain utility service and who have, each month, paid their bill in full and by the due date specified on each individual bill for a period of twelve (12) consecutive months shall, at their request, be refunded the full amount of their deposit. SECTION 9. Previous Service - Outstandine Balance. 1. Any applicant requesting water service from the City who has previously had City water ' service and has, at the time of application, an outstanding balance on his/her previous water service must pay the outstanding balance in full in addition to the meter deposit prior to receiving new service. SECTION 10. Water Rates. The following monthly rates shall be charged for water service: Inside City Outside City First 2,000 Gallons (minimum)* $ 7.50 $ 12.00 Each additional 1,000 gallons ** 2.25 4.00 Water Line Maintenance — 0.25 0.25 per 1,000 gallons (above minimum) * Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90 %) occupancy of the total number of units. ** Except as required by provisions of outside City contracts. SECTION 11. Sewer Rates. The following monthly rates shall be charged for sewer service: Inside City Outside City First 2,000 Gallons (minimum)* $ 8.20 $ 14.25 Each additional 1,000 gallons ** 2.65 4.00 ' Water Line Maintenance — 0.25 0.25 per 1,000 gallons (above minimum) * Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90 %) occupancy of the total number of units. * *Except as required by provisions of outside City contracts. SECTION 12. Garbaee Rates. 1. All residences inside the City limits shall be required to use the City of Nederland garbage service in accordance with the following schedule: Inside City Rates (per month) $ 16.55 + sales tax* Additional Container 5.00 + sales tax* *Sales tax shall be in an amount required by law SECTION 13. BiBin¢ and Penalty. 1. All charges on utility service bills shall be due and payable to the City at the City Office Building fifteen (15) days after the date the bill is mailed to the person responsible for payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (10 %) penalty shall be assessed. ' 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section 182.002 of the Texas Utilities Code, the ten percent (10%) penalty shall not be applied to persons age 60 or IG3 older until the 25th day after the date on which the bill was issued, provided that such person has made a request for delay, presented reasonable proof of their age, and is a residential customer who has occupied, and shall continue to occupy, the entire premises for which a delay is requested. 4. Should the fifteenth (15th) day fall upon a weekend, holiday, or any day that the City Office Building is closed, a grace period of two (2) days shall be granted. SECTION 14. Delinauencv - Termination of Service. 1. If full payment is not received by the City by the next date at which the water meter is read, a subsequent utility bill shall be mailed for the current reading plus the amount owed on the previous billing including the ten percent (10%) penalty. 2. If full payment is not received on the date on which the subsequent utility bill is due, all utility service shall be disconnected. A final written notice shall be mailed to the customer's premises on the Thursday following the due date indicating that services shall be disconnected on the Wednesday immediately following the issuance of such notice. SECTION 15. Re- connection Charges. 1. Should utility service be discontinued due to non- payment of a utility bill, all funds due to the City, in addition to a re- connection fee shall be paid prior to reinstatement of utility service. The re- connection fee shall be $20.00 if reinstatement of utility service is requested during working hours (8:00 a.m. to 4:30 p.m., Monday through Friday). The re- connection fee shall be $60.00 if reinstatement of utility service is requested after working hours. If customer does not have a $200 deposit on file, he will be required to pay a deposit in addition to the account balance and reconnection fees before utility service is reconnected. 2. Should service be discontinued, the City shall install a lock on the water meter. Should the customer or any person tamper with the lock and damage it, a $20.00 fee shall be assessed. This fee shall be paid, in addition to all other charges, prior to reinstatement of service. 3. Should any person turn on water service, after the City has discontinued the service for non- payment, such action shall be considered a criminal offense. 4. Should a customer be repeatedly disconnected due to non - payment, the City may require the following: a. Payment for the delinquent bill in the form of cash, money order, and/or cashier's check. b. The City retains the option of requiring payment for utility bills by cash, money order, and/or cashier's check for all future utility billings. 5. If payment is made with a check returned insufficient funds due to the issuance of a disconnection notice, water will be immediately disconnected. SECTION 16. Transfer Fee. 1. A transfer fee, in the amount of $15.00, shall be assessed for transferring service within the City's utility service system. The current and final balance, if any, on the account transferred plus $15.00 will be added to the customers new account. SECTION 17. Returned Check Fees. 1. Any customer who pays his/her utility bill with a check which is returned from the financial institution due to, but not limited to, insufficient funds and/or closed account shall be assessed a $25.00 fee. 2. The City may, at the request of the customer, re -run the check. If the check is accepted, the fee shall be waived. However, if the check continues to be returned, the City shall require ' that the bill be paid by cash, money order, or cashier's check. 3. The City retains the right to prosecute for returned checks in accordance with the Texas Penal Code. 4. If a check is returned unpaid due to the financial institution error, the financial institution shall submit written verification of such error. In this situation, the fee shall be waived. 5. Should a customer have more than two (2) checks returned due to insufficient funds and/or closed account within a period consisting of twelve (12) consecutive months, the City shall no longer accept checks from that individual for a period of 24 months. During the 24 month period, all payments shall subsequently be made in the form of cash, money order, and/or cashier's check. SECTION 18. Temporary Service. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed fifteen (15) calendar days. Customer shall be billed for actual usage. 3. Should the account become delinquent, the customer shall not be allowed to begin any new service until all delinquent monies are paid. SECTION 19. Failure to Receive a Bill. 1. All bills for utility service shall be rendered monthly in accordance with a schedule established by the City. The City shall exercise care in the delivery of utility bills, but is not ' responsible for the service provided by the United States Postal Service. 2. Failure to receive a bill shall not relieve the customer for payment of service received within the prescribed period nor exempt him/her from the responsibility imposed for delinquent accounts. SECTION 20. Deferred Payments. 1. The City Manager and/or his/her designee shall be empowered to develop payment schedules should a customer be unable to pay his/her bill. 2. Should a customer not be able to pay his/her account by the due date, he /she must contact the City prior to the due date and request that a payment schedule be developed. 3. Should a customer not contact the City prior to the issuance of a disconnection notice, he/she shall be required to pay the entire amount of the bill in order to retain water service. 4. The customer and the City may develop a payment schedule which shall be documented on a form supplied by the City. This form shall include, but not be limited to, the following information: a) dates of future payments; b) amounts of future payments; and c) signature of the customer. Should the customer subsequently not comply with the payment schedule, water service shall be disconnected and shall not be reinstated until the full amount owed on the bill is paid. 5. In no case shall the City abdicate the right to refuse a payment schedule as presented by the customer. 6. If a customer fails to comply with the provisions of their payment schedule, he/she shall not I be permitted to establish additional payment schedules until full payment has been received on the initial /existing payment schedules. -G5 SECTION 21. Sewer Adjustments. ' 1. The City Manager and/or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing. Customer must show proof leak has been repaired before issuance of adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including base rate and maintenance fee. An adjustment will be made based upon an average of six (6) monthly bills during the previous six (6) month period. 3. In the event that water usage during the billing period exceeded 50,000 gallons, the cost of water shall be adjusted by one -third (1/3) of the excess water usage based upon an average of six (6) monthly bills during the previous six (6) month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding twelve (12) months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. 4. In no case shall a sewer adjustment be granted if the City notified the customer of a potential water leak on his/her property. 5. Sewer adjustments will be limited to one per twelve month period. 6. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for an adjustment, the customer must have a Building Permit issued by the City of Nederland Inspections Department. SECTION 22. Meter Tamaerina. 1. It is unlawful for any person to turn on water to any premises from the City water system without first obtaining approval from the City. 2. It is unlawful for any person to connect water service to a premises after service has been terminated by the City. 3. It is unlawful to interfere with, disturb or damage in any manner or form any water meters, locks, cutoff valves, or other appliances of the City. The head of household or property owner involved shall be held responsible for the violation of this section. 4. Tampering fees of up to five hundred dollars ($500.00) shall be assessed where a meter has been interfered with, disturbed, or damaged. SECTION 23. Trash Removal Rates. 1. Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash and/or debris during, before, and/or after a rainstorm to prevent possible flooding. The fee shall be based upon the amount of work performed by the City. 2. Miscellaneous trash and/or debris, defined as green waste and/or any other bulky items not able to be placed into the standard City garbage container, from empty (undeveloped or vacant) property must be hauled off by the owner or developer at their expense. 3. The City will provide collection of trash to customers receiving garbage service twice per ' month. The amount of trash removed shall be limited to four (4) cubic yards per collection. 4. Should an owner of property within the City request the removal of trash, the City may do so at a cost equivalent to the actual costs of personnel, equipment, and disposal fees. The iG6 amount of trash to be collected shall not exceed four (4) cubic yards at any one time. Such service shall be provided at the discretion of the City dependent upon such factors including, I but not limited to, existing work load, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and/or individuals /companies hired by the property owners. SECTION 24. Validation. 1. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. This ordinance shall take effect PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 27th day August 2007. J /) Z:) Bert Rogers, Mayor Pro 70M City of Nederland, Texas ATTEST: LaDonna Floyd, City CI rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City #tomey City of Nederland, Texas 1 1 ' AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200). WHEREAS, the City Council of the City of Nederland is of the opinion that additional traffic control devices and "No Parking" zones are required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the following language: ARTICLE XII. SECTION 97 — NO PARKING ON PAVEMENT There shall be "No Parking on Pavement ", or portion thereof or on the adjoining public right of way on Memphis Avenue starting at the intersection at 27" Street and continuing to the intersection at 23r0 Street on Monday, Tuesday, Wednesday, and Thursday of each week during the hours of 4 p.m. to 8 p.m. ARTICLE XVI. SECTION 122 — PENALTY ' Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and each separate violation thereof shall be considered a separate offense. 1 ARTICLE XVII. SECTION 133 — EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 27`" day of Au ust, 2007. Bert Rogers, Mayor Pro m City of Nederland, Texas ATTEST: 7 LaDonna Floyd, City Clerlt City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas t G 8 ORDINANCE NO. 2007-06 ' AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, 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, 2007 and ending September 30, 2008. 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 July 23, 2007, 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 1 - GENERAL FUND. That there be and is hereby appropriated the sum of Seven million, eight hundred six thousand, two hundred eighty -one dollars and no cents ($7,806,281.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 12,400 ' b. Legal 64,885 c. City Manager 363,108 d. Finance 242,285 e. Personnel 201,814 f. Civil Service 6,200 g. City Hall 68,458 h. Police 2,571,193 i. Police- Prisoner Extra Help 40,244 j. Emergency Management 6,271 k. Fire 1,309,469 1. Fire Volunteers 16,000 m. Inspections 172,020 n. Public Works Administration 254,637 o. Street Department 916,671 p. City Shop 148,526 q. Parks & Recreation 427,473 r. Library 338,759 s. Other Requirements 645,868 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, six hundred thirty -eight thousand, two hundred thirty -two dollars and no cents ($1,638,232.00) 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, nine hundred thousand dollars and no cents ($3,900,000.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: t r- ' a. Water Treatment $ 1,108,002 b. Billing/Collections 275,673 c. Wastewater Treatment 721,779 d. Water & Sewer Distribution 882,037 e. Other Requirements 840,509 Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated the sum of Four hundred and five thousand, six hundred ninety -three dollars and no cents ($405,693.00) 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, two hundred seventy thousand, four hundred dollars and no cents ($1,270,400.00) 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 Sixty -three thousand dollars and no cents ($63,000.00) to the Equipment Replacement Fund - General for the payment of necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is hereby appropriated the sum of Twenty -two thousand dollars and no cents ($22,000.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 8 - EOUIPMENT REPLACEMENT FUND -SOLID WASTE. That there be and is hereby appropriated the sum of One hundred ninety -five thousand dollars and no cents ($195,000.00) to the ' Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 9 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Two thousand dollars and no cents ($2,000.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 10 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of One hundred nine thousand, two hundred forty dollars and no cents ($109,240.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section I I — 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 12 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of One million, four hundred fifty -four thousand, thirty -three dollars and no cents ($1,454,033.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 13 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of Seventy- five thousand dollars and no cents ($75,000.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 14 - HAZ -MAT FUND. That there be and is hereby appropriated the sum of Twenty -five thousand dollars and no cents ($25,000.00) to the Haz -Mat Fund for the payment of operating expenses. I Section 15 - 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. 170 Section 16 - MID- COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That ' there be and is hereby appropriated the sum of Six hundred sixty -six thousand, four hundred twenty - three dollars and no cents ($666,423.00) to the Mid - County Municipal League Dispatching Fund for the payment of operating expenses and necessary capital outlay. THAT the foregoing appropriations for expenditures be adopted as the budget for the ensuing fiscal year beginning October 1, 2007 and ending September 30, 2008. 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, 2007, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2007 and ending September 30, 2008, 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 27th DAY OF AUGUST, A.D., 2006. ATTEST LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Z deil" L.W� Richard D. Hughes, City ttomey City of Nederland, Texas Bert Rogers, Ma or Pro Win City of Nederland, Texas Hat REGULAR MEETING OF THE CITY OF NEDERLAND EMPLOYEE BENEFITS TRUST 6:20 p.m. 1. MEETING August 27, 2007 The meeting was called to order at 7:08 p.m. by Vice Chairperson Bert Rogers at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. 2. EMPLOYEE LIFE /AD &D INSURANCE Andre' Wimer, City Manager, explained that three bids were received for employee Life /AD &D insurance coverage. The City's insurance consultant, Terry Hale, reviewed all bids and recommends the bid be awarded to The Standard, Plans 4 & 2, in the amount of approximately $32,420 per year. The Standard has agreed to extend the policy period until June 30, 2010. This date will correspond with other insurance coverages. A motion was made by Trustee Neal and seconded by Trustee Sawyer to award bids received for employee Life /AD &D insurance to The Standard in the amount of approximately $32,420 per year. MOTION CARRIED. L Ayes: Vice Chairperson Rogers, Trustees Sawyer, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. 3. ADJOURN There being no further business a motion was made by Trustee Sawyer and seconded by Vice Chairperson Rogers to adjourn the meeting at 7:11 p.m. MOTION CARRIED. Ayes: Vice Chairperson Rogers, Trustees Sawyer, Neal, and Griffin. Noes: None. Absent: Chairperson Nugent. Bert Rogers, Vice -C a rperson City of Nederland Employee Benefits Trust Billy Neal, Secretary City of Nederland Employee Benefits Trust I 171 172 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 3:00 p.m. September 10, 2007 1. MEETING The regular meeting was called to order at 3:00 p.m. by Mayor Pro Tern Bert Rogers 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 Councilmember Griffin to approve the minutes of the special meeting of August 23, 2007, and the regular meeting of August 27, 2007. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None, Absent: Mayor Nugent. PRESENTATION Carolyn Mot], Entergy, Inc., addressed Council relative to the City of Nederland ' being redesignated as a Team City. 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 Pro Tern Rogers with the redesignation status. 4. TAX RATE A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to set the maintenance and operation portion of the property tax rate at $0.374462 for FY 2007 -2008. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve setting the interest and sinking fund portion of the property tax rate at $0.220368 for FY 2007 -2008. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Griffin that property taxes be increased by the adoption of a tax rate of $0.594830. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Minutes continued, September 10, 2007 A motion was made by Councilmember Sawyer and seconded by Mayor Pro L Tern Rogers to ratify the property tax revenue increase reflected in the budget adopted for FY 2007 -2008. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve an Interlocal Agreement with the City of Port Neches, regarding the Port Security Grant providing for radio and communication system improvements. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to retain Schaumburg & Polk, Inc. for engineering services, in the amount of $32,000.00, associated with the installation of a generator, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 6. RESOLUTION A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve the first reading of Resolution No. 2007- 14, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Texas Desserts and Coffee Cafe, dba Rao's Bakery Coffee Cafe. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. NEDERLAND ECONOMIC DEVELOPMENT CORPORATION A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to appoint Debby Griffin as the Council appointment, and Stuart Kieschnick as the Ward I appointment to the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. S. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve the payment of the bills for the month of August. MOTION CARRIED. 1'i 4 Minutes continued, September 10, 2007 9. EXECUTIVE SESSION A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent, 10. PUBLIC OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that Charles Lankford has agreed to serve another term on the Jefferson County Appraisal District Board of Directors. The resolution nominating him will be on the next agenda. 11. ADJOURN There being no further business a motion was made by Councilmember Sawyer and seconded by Councilmember Neal to adjourn the meeting at 3:33 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. ATTEST: LaDonna Floyd, City Clerk' City of Nederland, Texas Bert Rogers, lvfayor Jro Tern City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member -Ward I Billy Neal Council Member - Ward 11 ✓ Debby Griffin Council Member - Ward III Bert Rogers Council Member -Ward IV 1� Andr6 Wimer City Manager LaDonna Floyd City Clerk Corrie Zepeda Acting City Clerk L� Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Bert Rogers, Mayor P em ' LaDonna Floyd, City Clerk g -i® -o'-i Date ORDINANCE NO. 2007-07 ' AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2007, 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 2007, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $850,473,479; now, therefore, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND, WHEREAS, THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $(41.96); 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 $850,473,479, shall become the tax assessment rolls of the City of Nederland for the year 2007, less all exemptions provided by either State Law or City ordinance in the amount of $92,594,710. SECTION 2: -That there is hereby levied for the current year, 2007, 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, 2008 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of 59.4830 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), 37.4462 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 22.0368 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Four hundred twenty -three thousand, nine hundred forty -five dollars ($423,945.00) on the Certificates of Obligation, Series 1996, 5.7132 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and pri ncipal of Two hundred eleven thousand, eight ' hundred forty -two dollars and fifty cents ($211,842.50) on the Certificates of Obligation, Series 1998, 2.8549 cents on each one hundred dollars ($100) valuation of 1 property. For the purpose of paying interest and principal of One hundred thirty -three thousand, thirty dollars ($133,030.00) on the Certificates of Obligation, Series 1999, 1.7927 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Eight hundred sixty -six thousand, four hundred thirteen dollars and seventy -six cents ($866,413.76) on the Certificates of Obligation, Series 2002, 11.6760 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 2007 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 IOa' DAY OF SEPTEMBER, A.D., 2007. Bert Rogers, MayorYro Tem City of Nederland, Texas ATTEST �� /`J+_�^�' &nna Floyd, iy Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ct Attorney City of Nederland, Texas 1518 INTERLOCAL AGREEMENT I WHEREAS, the U.S. Department of Homeland Security's (DHS), Office of Grants and Training, Fiscal Year 2006 Infrastructure Protection Program: Port Security was announced and made available to improve the sustainable effort for protection of critical infrastructure from terrorism, especially explosives and non - conventional threats that would cause major disruption to commerce and significant loss of life; and, WHEREAS, the City of Port Neches submitted a grant application online as the consortium lead entity with the cities of Port Arthur, Nederland, and Groves, herein called the "Consortium," to DHS with the federal partner of the United States Coast Guard, Marine Safety Unit, Port Arthur in the amount of $7,188,544 for improved "Interoperability "; and, WHEREAS, the Port Security Grant award amount is $5,391,408 and requires a 25% cash match of $1,797,136 as illustrated in Exhibit A, with individual City prorata share of the cash match listed in Exhibit "A" as well; and, ' WHEREAS, the consortium will have ownership by merging with the Jefferson County/Beaumont Regional 800MHz radio system infrastructure which includes four existing tower sites, adds infrastructure to install and use Mobile Data Computers (MDC) in police units, remodels Central Dispatch in Nederland, and updates with new dispatch consoles at Central Dispatch and Port Arthur Dispatch who are both Public Safety Answering Points that are used for back up to each other within the consortium; and WHEREAS, the grant award will have standard grant forms to administer and execute including possible memorandums of understandings; and, WHEREAS, the City Administrators of the Consortium met on November 10, 2006 at 6:00 p.m. and agreed to place a resolution for authorization to accept the award by City Councils of the Consortium and agreed to pay the 25% cash match as illustrated in Exhibit "A" for the said Port Security Grant, 2006 award by the City of Port Neches; and WHEREAS, The City of Port Neches holds licenses for ten 800 MHz frequencies I under Call Sign WNVF965 used by the Consortium; and ' WHEREAS, Sprint/Nextel and the Federal Communications Administration has agreed to reband 800MHz radio frequencies which will replace the two Fail Soft frequencies on the Sharenet System used by the Consortium; and WHEREAS, The City of Port Neches, on behalf of the Consortium, authorized to submit for approval the 800 MHz Reconfiguration Request for Planning Funding Form and execute all future necessary documentation to transfer radio frequencies to Sprint/Nextel; and WHEREAS, each City, under authority of the Interlocal Cooperation Act, § §791.001 et seq, Texas Government Code, has determined that it is in their best interests to enter into this Interlocal Agreement. NOW, THEREFORE, THE CITIES AGREE AS FOLLOWS: 1. The Port Neches City Manager, Police Chief and Fire Chief are hereby authorized to accept the award for the Consortium from the U.S. Department of Homeland Security's, Fiscal Year 2006 Infrastructure Protection Program: Port ' Security in the amount of $5,391,408 and execute as the Consortium lead entity all necessary documents and agreements of said grant. 2. The 25% cash match of the Consortium will be paid by each City as allocated in Exhibit "A ", payment to be made upon presentation of request for payment by the City of Port Neches. 3. The City of Port Neches or its designees are hereby authorized to facilitate and coordinate between Sprint/Nextel, the 800 MHz Transition Administrator, the Consortium, and appropriate vendors /consultants to complete the rebanding process. 4. 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MEETING September 24, 2007 The meeting was called to order at 6:00 p.m. by Mayor Pro Tern Bert Rogers 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 Councilmember Neal to approve the minutes of the September 10, 2007 as written. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. 3. PROCLAMATION A motion was made by Councilmember Neal and seconded by Councilmember ' Griffin to approve a Proclamation declaring September 28, 2007 as "1957 Nederland Bulldogs Class AAA State Football Champions Day" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. REQUESTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to approve a request from Ridgewood Christian School to utilize Doornbos Park for a Bike- a -Thon to be held October 19, 2007, waiving the prohibition against bicycles on park sidewalks, and waiving the prohibition against sales in the park. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. 5. ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to deny a request to rescind the previous decision of the City Council to order demolition of the structure at 804 South Twin City Highway. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. ' Noes: None. Absent: Mayor Nugent. Minutes continued, September 24, 2007 6. BIDS /PROPOSALS A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to authorize the receipt of bids for demolition of structures previously approved for removal by the City Council. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. 7. BUDGET A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve Ordinance No. 2007 -11, amending the FY 2006 -2007 budget. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve Ordinance No. 2007 -12, declaring certain utility accounts as uncollectible. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. RESOLUTIONS A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve Resolution No. 2007 -14, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Texas Desserts and Coffee Cafe, dba Rao's Bakery Coffee Cafe. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve Resolution No. 2007 -15, nominating Charles Lankford as a candidate for the Board of Directors of the Jefferon County Appraisal District. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve Resolution No. 2007 -16, approving a Cooperative Purchasing Program Agreement between the City of Dallas and the City of Nederland. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve Resolution No. 2007 -17, authorizing participation in matters concerning Entergy Gulf States, Inc. at the Federal Energy Regulatory Commission. MOTION CARRIED. , Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. Minutes continued, September 24, 2007 9. CONTRACTS /AGREEMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve a contract with Local Government Services, LLC to conduct an audit, in conjunction with the Cities of Port Neches, Groves, and Port Arthur, of the Time Warner Cable franchise agreement in the amount of $4,840.00 plus 25% of any franchise fees recovered as a result of the audit. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. 10. POLICIES/ PROCEDURES A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Neal to approve the adoption of a Purchasing Policies and Procedures. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. 11. ECONOMIC DEVELOPMENT CORPORATION A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to appoint Erik Shaw to the Nederland Economic Development Corporation Board of Directors to fill the unexpired term of Paul ' Baker. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. 12. PAYMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve payments to ALLCO, Inc. as follows: $20,732.44, 2007 Emergency Sewer Rehabilitation, Payment Request No. 2; and, $46,542.03, 2007 Sewer Rehabilitation Project, Payment Request No. 4. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. 13. EXECUTIVE SESSION A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. 1 Minutes continued, September 24, 2007 14. PUBLIC OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that hotel /motel funds will be used for electrical repairs at Tex Ritter Park. He added that the Chamber of Commerce and Nederand Heritage Festival have agreed to pay a portion of this expense. The park will once again be decorated this Christmas season. 15. ADJOURN There being no further business a motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to adjourn the meeting at 6:55 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal and Griffin. Noes: None. Absent: Mayor Nugent. Bert Rogers; May6r Pro Tern City of Nederland, Texas ATTEST: La Donna Floyd, City Clerk ' City of Nederland, Texas 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor (/ Robert Sawyer Council Member -Ward I ✓ Billy Neal Council Member- Ward II Debby Griffin Council Member - Ward III Bert Rogers Council Member -Ward IV Andre Wimer City Manager ✓ LaDonna Floyd City Clerk ✓ Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorney Darrell Bush Police Chief �✓ Gary Collins Fire Chief 1% Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official +✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager �✓ Bert Rogers, Mayor Pro tem I LaDonna Floyd, City Clerk Date IST CITY OF NEDERLAND ORDINANCE 2007 -11 AN ORDINANCE AMENDING THE 2006 -07 BUDGET IN I ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2006 -08 which adopted the 2006 -07 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 2006 -07 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2006, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2006 and ending September 30, 2007, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council; and, 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 2006 -07 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 2006 -08 adopting the budget for 2006 -07; and, WHEREAS, the City Council finds that the budget for 2006 -07 fiscal year should also be 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 I NEDERLAND, TEXAS: THAT the budget for the 2006 -07 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 this the 24`" day of September, 2007. L Bert E. Rogers, Mayc&ro Tern ATTEST: �0 =Z"d LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: ' Richard D. Hughes, City Agorney Police Department Increase 01 -21 -00 -6222 Motor Vehicle Fuel 7,000 Unanticipated cost in fuel prices resulted in additional funds required for energy related items. Increase 01 -21 -00 -6231 Wearing Apparel BUDGET ORDINANCE AMENDMENT- ATTACHMENT A Unanticipated cost due to hiring of new officers. GENERAL FUND 12,500 ' Amend General Fund by appropriating unencumbered funds remaining at September 30, Increase 01 -21 -00 -6384 Prisoner Cost 2006 in the amount of $484,000 and increase line items as detailed below: Higher than estimated cost for housing prisoners at county facility. City Manager 3,500 Underestimated cost for removal of junk vehicles, SANE exams and Increase 01 -13 -00 -6220 Miscellaneous Supplies $ 8,000 Unanticipated elections cost increase. 2,000 Higher than estimated cost for employee safety dinners and awards due Finance Department to safety program successes. Increase 01 -15 -00 -6311 Auditing & Accounting 2,500 Increase 01 -21 -01 -6222 Motor Vehicle Fuel Additional auditing cost necessary due to Single Audit Required Unanticipated cost in fuel prices resulted in additional funds required because of FEMA grant funding received as a result of Hurricane Rita. Increase 01 -21 -01 -6355 Vehicle & Equipment R &M Increase 01 -15 -00 -6393 Contractual Services 10,000 Unanticipated Jefferson County Appraisal District increase due to Increase 01 -22 -00 -6222 Motor Vehicle Fuel reappraisals after Hurricane Rita. City Hall Increase 01 -19 -00 -6350 Bldg. /Structure Improvements 35,000 City Hall and City Council Chamber repairs necessary due to Hurricane Rita. Police Department Increase 01 -21 -00 -6222 Motor Vehicle Fuel 7,000 Unanticipated cost in fuel prices resulted in additional funds required for energy related items. Increase 01 -21 -00 -6231 Wearing Apparel 4,000 Unanticipated cost due to hiring of new officers. Increase 01 -21 -00 -6355 Vehicle & Equipment R &M 12,500 Unforeseen repair cost of patrol vehicles and equipment. Increase 01 -21 -00 -6384 Prisoner Cost 13,000 Higher than estimated cost for housing prisoners at county facility. Increase 01 -21 -00 -6393 Contractual Services 3,500 Underestimated cost for removal of junk vehicles, SANE exams and Leads on Line program. Increase 01 -21 -00 -6400 Special Programs 2,000 Higher than estimated cost for employee safety dinners and awards due to safety program successes. Police Department — Prisoners Increase 01 -21 -01 -6222 Motor Vehicle Fuel 3,500 Unanticipated cost in fuel prices resulted in additional funds required for energy related items. Increase 01 -21 -01 -6355 Vehicle & Equipment R &M 2,600 Unforeseen repair cost of prison van and lawn equipment. Fire Department Increase 01 -22 -00 -6222 Motor Vehicle Fuel 3,000 ' Increase 01 -22 -00 -6348 Electricity 150 Increase 01 -22 -00 -6349 Natural Gas 750 Unanticipated cost in fuel prices resulted in additional funds required for energy related items. GENERAL FUND (continued) Increase 01 -22- 006351 Fixed Plant & Equipment R &M 1,500 Increase 01 -22 -00 -6355 Vehicle & Equipment R &M ' 4,500 Increase 01 -22 -00 -6366 Rental Equipment 4,000 Increase 01 -22 -00 -6393 Contractual Services 75,000 Cost incurred due to Hurricane Rita damage, including generator repairs, temporary offices and constructions costs to repair the Fire Station Fire Department — Volunteer Increase 01 -22 -01 -6385 Volunteer Promotional Services 1,500 Additional cost due to higher than expected participation of volunteer firefighters. Inspection Department Increase 01 -24 -00 -6393 Contractual Services 20,000 Additional cost incurred due to demolition of dilapidated structures and contract inspectors. Public Works Administration Increase 01 -30 -00 -6348 Electricity 4,000 Increase 01 -51 -00 -6265 Supplies/Minor Tools & Equipment Unanticipated cost in fuel prices resulted in additional funds required for energy related items. 30,000 Increase 01 -30 -00 -6351 Fixed Plant Equipment R &M 8,200 Increase 01 -51 -00 -6351 Fixed Plant & Equipment R &M Replace air conditioning units at the D. Bob Henson office building due to storm damage from Hurricane Rita. 25,000 Street Department Increase 01 -31 -00 -6222 Motor Vehicle Fuel 3,000 Costs incurred due to Hurricane Rita damage; includes replacing pond Unanticipated cost in fuel prices resulted in additional funds required , for energy related items. Parks and Recreation Increase 01 -51 -00 -6265 Supplies/Minor Tools & Equipment 24,000 Increase 01 -51 -00 -6350 Bldg/Structure Improvements 30,000 Increase 01 -51 -00 -6351 Fixed Plant & Equipment R &M 30,000 Increase 01 -51 -00 -6393 Contractual Services 25,000 Costs incurred due to Hurricane Rita damage; includes replacing pond fountain aerator, soccer goals, recreation building furniture, swimming pool filters and the Windmill Blades. This also includes repair to Ritter Park Fence, swimming pool slides and construction costs to repair the Recreation Building. Library Increase 01 -55 -00 -6350 Bldg/Structure Improvements 4,600 Unanticipated cost necessary to repair and maintain the HVAC system at the Hughes Library building. Other Requirements Increase 01 -55 -00 -6350 Computer System 25,000 Unanticipated cost to maintain the City's computer network including replacement of network server due to its age and unreliability. Increase 01 -90 -00 -6365 Street Lights 8,000 Additional cost incurred to maintain street lights within the City. Increase 01 -90 -00 -6371 Senior Citizen Center 3,200 , Additional cost incurred for replacement of air conditioning unit. 1 1 1 GENERAL FUND (continued) Increase 01 -90 -00 -6406 Contingency 105,000 Unanticipated cost such as storm water permitting, flag pole replacement, windstorm certifications, Beauxart Garden Road engineering costs and Hurricane Rita related expenses for insurance adjuster contract and awning replacement. WATER & SEWER FUND Amend Water and Sewer Fund by appropriating unencumbered funds remaining at September 30, 2006 in the amount of $57,000 and increase line items as detailed below: Water Treatment Plant Increase 50 -60 -00 -6351 Fixed Plant & Equipment R &M $ 20,000 Repairs to S. 5's Street and Canal Avenue water towers due to Hurricane damage. Billin¢ and Collections Increase 50 -61 -00 -6393 Contractual Services 7,000 Maintenance contract for meter reading equipment for previous fiscal year not billed until year end close. Wastewater Treatment Plant Increase 50 -62 -00 -6393 Contractual Services 30,000 Additional cost necessary due to Severn Trent contract for increased electricity costs and engineering fees associated with renewal of the wastewater treatment plant operating permit. SOLID WASTE FUND Amend Solid Waste Fund by appropriating unencumbered funds remaining at September 30, 2006 in the amount of $95,000 and increase line items as detailed below: Increase 52 -33 -00 -6222 Motor Vehicle Fuel 30,000 Unanticipated cost in fuel prices resulted in additional funds required for energy related items. Increase 52 -33 -00 -6258 Motor Vehicle Supplies 45,000 Additional cost necessary to repair older garbage trucks Increase 52 -33 -00 -6355 Waste Disposal 20,000 Additional cost due to higher than expected amounts of garbage and trash. 1 BUDGET ORDINANCE AMENDMENT - ATTACHMENT B 5,000 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. General Fund Funds received from ChevronTexaco for Fire Department minor tools ' Amend as follows: Increase 01 -00 -00 -4700 Miscellaneous Revenue Increase 01 -00 -00 -4700 Miscellaneous Revenue $ 3,260 662 Increase 01 -21 -00 -6265 Supplies, Minor Tools & Equip. 3,260 Department training. Funds received from the Nederland Heritage Festival for purchase of Increase 01 -00 -00 -4700 Miscellaneous Revenue 7,000 four Police Department tasers. 3,100 Increase 01 -22 -00 -6333 Training & Travel Increase 01 -00- 004700 Miscellaneous Revenue 2,073 Increase 01 -21 -00 -6265 Supplies, Minor Tools & Equip. 2,073 Increase 01 -00 -00 -4700 Miscellaneous Revenue Funds receive from the Nederland Heritage Festival for purchase of Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 3,900 Police Department tactical vests and an additional taser. Increase 01 -00 -00 -4700 Miscellaneous Revenue 100 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 100 Funds received from Mid County Ladies Auxiliary for Fire Department tools. Increase 01 -00 -00 -4700 Miscellaneous Revenue 5,000 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 5,000 Funds received from ChevronTexaco for Fire Department minor tools and equipment. Increase 01 -00 -00 -4700 Miscellaneous Revenue 662 Increase 01 -22 -00 -6333 Training & Travel 662 Funds received from the State Comptroller LEOSE Fund for Fire $ 15,200 Department training. ' Increase 01 -00 -00 -4700 Miscellaneous Revenue 7,000 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 3,100 Increase 01 -22 -00 -6333 Training & Travel 3,900 Funds received from Chevron Products Company for Fire Department Rescue Team equipment and training. Increase 01 -00 -00 -4700 Miscellaneous Revenue 3,900 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 3,900 Funds received from Sunoco, Inc. for Fire Department Rescue Team equipment. Increase 01 -00 -00 -4355 State Grant Funds 115,452 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 115,452 Funds received from the Division of Emergency Management Federal Homeland Security Grant Program for Fire Department equipment. HOTELIMOTEL FUND Amend as follows: Increase 23 -00 -00 -4393 Hotel Occupancy Tax Revenue $ 15,200 Increase 23 -00 -00 -6389 Payment of Chamber & Historical Society 15,200 Increase of hotel occupancy taxes and amount due to the Nederland Chamber of Commerce and Nederland Historical Society for City promotion. CITY OF NEDERLAND ' ORDINANCE 2007 -12 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $6,620.21 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9 -30 -07 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 2006 -07 in the amount of $6,620.21 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, TEXAS this the 24ih day of September, 2007. Z21:!y Bert Rogers, M yor PRO Tern City of Nederland, Te as ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: r Richard D. Hughes, City AlArney City of Nederland, Texas r 194 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2006 -2007 Account Number Amount 01- 0740 -06 94.86 ' 02- 0800 -08 42.51 02- 1690 -03 93.53 02- 2100 -07 79.46 02- 2150 -11 18.22 03- 0615 -03 56.80 03- 0970 -12 29.85 03- 1030 -00 152.60 03- 1040 -01 114.90 03- 1560 -00 51.99 04- 0240 -00 43.99 05- 1020 -05 149.65 05- 1360 -02 128.84 05- 3310 -01 67.93 05- 3320 -05 121.28 06- 1090 -05 43.03 08- 1290 -02 39.80 09- 1530 -09 103.41 09- 2660 -03 85.91 10- 1670 -08 57.60 10- 2670 -09 19.23 11- 0650 -00 31.30 11- 3175 -04 137.46 12- 0420 -09 19.73 12- 0930 -08 40.00 12- 1283 -06 94.05 12- 1530 -02 68.34 13- 0400 -02 61.66 ' 13- 0660 -15 40.32 13- 0950 -14 126.42 13- 1160 -01 108.31 14- 0190 -01 58.33 14- 0740 -02 106.72 14- 1150 -07 98.67 14- 1150 -08 383.59 14- 1360 -05 43.02 14- 1480 -03 26.02 15- 0440 -00 72.81 15- 0580 -03 157.60 15- 1900 -04 103.86 15- 2190 -04 65.94 15- 2320 -07 14.76 15- 2620 -04 12.57 15- 2770 -07 108.51 15- 2830 -05 287.72 15- 2905 -10 68.39 15- 2950 -07 48.77 16- 0960 -13 30.96 17- 0080 -08 40.27 17- 0260 -04 160.05 17- 0330 -01 88.34 17- 0420 -06 99.09 17- 0861 -02 45.40 17- 1610 -09 17- 1790 -00 80.05 117.31 18- 0041 -11 136.35 ' 18- 0250 -03 146.04 1 p iJ :) 5 165.39 491.59 18- 0630 -04 42.39 18- 0820 -00 8055 18- 0840 -02 64.26 18-1490-01 184.63 19- 0500 -01 127.42 19- 1010 -12 51.64 19- 1900-07 29.25 19- 2020 -00 19.58 19- 2380 -07 2330 20- 0280 -03 72.82 22- 2106 -03 263.48 22- 2708 -01 41.12 24- 0740 -01 32.61 24- 0905 -01 $6,620.21 24- 1004 -()o TOTAL :) 5 t - CITY OF NEDERLAND RESOLUTION 2007 -14 ' A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one -half cent sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ( "Board ") relating to the offering of an incentive to Texas Desserts & Coffee Caf6, d.b.a. Rao's Bakery Coffee Cafe, in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 10th day of September ,2007 at which meeting a quorum was present and voting. X�d Bert Rogers, May6r Pro T m City of Nederland, Texas ATTEST: `'a M LaDonna Floyd, City C l rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Richard D. Hughes, City Attorney City of Nederland, Texas Resolution No. 2007 -14 Page 2 ' PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 24'h day of September, 2007, at which meeting a quorum was present and voting. ATTEST: C�o°�Q'. -a,,.i LaDonna Floyd, City Clerk ` City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, City. omey City of Nederland, Texas 1 1 Bert Rogers, Mayor 14o Tern City of Nederland, Texas CITY OF NEDERLAND RESOLUTION 2007- 15 THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City Council of the City of Nederland, Texas at its regularly scheduled meeting of September 24, 2007, in accordance with the Property Tax Code of the State of Texas, hereby nominates Charles Lankford as a candidate for the Board of Directors of the Appraisal District established for Jefferson County for a two -year term to expire December 31, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15, 2007, in accordance with said Statute. PASSED, APPROVED AND ADOPTED this -62V day of 2007. .A et Robert Sawyer y Council Member, Ward I J II.c.! ,ua M 4jj Debby Gr fin Council Member, Ward III ATTEST: LaDonna Floyd, City Cle k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Oty Attorney City of Nederland, Texas S eu �-r✓ Bert Rogers, M yor Pfj Tern Silly Ne Council Member. Ward II CITY OF NEDERLAND RESOLUTION 2007 -16 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING PARTICIPATION IN A COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF DALLAS, TEXAS. WHEREAS, the City of Nederland desires to participate in a cooperative purchasing program agreement with the City of Dallas to purchase Itronix laptops; and WHEREAS, the City of Nederland recognizes the authority granted by Section 27 1. 101 of the Texas Local Government Code to participate in cooperative purchasing programs with other local governments to purchase goods or services off contracts currently existing between another local government and a vendor, and such process satisfies the state law competitive bid requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: The City of Nederland, Texas will participate in a cooperative purchasing program agreement with the City of Dallas, Texas. PASSED, ADOPTED AND APPROVED this aY day of (sd, 2007. Bert Rogers, Ma or Pr em ' City of Nederland, Texas ATTEST: LaDonna L. — ' yd, City Cferk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City AttorAey City of Nederland, Texas 1 199 17) CITY OF NEDERLAND RESOLUTION 2007 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY GULF STATES, INC. AT THE FEDERAL ENERGY REGULATORY COMMISSION FILED IN 2007 AND 2008. 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, EGSI will continue to be regulated; WHEREAS, cases filed at the Federal Energy Regulatory Commission ( "FERC ") regarding EGSI could have a substantial impact on the rates charged to Texas customers and the effective regulation of EGSI's rates by Texas regulatory authorities; WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and ratepayers within Cities; WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001; WHEREAS, Cities have standing to intervene in each case before FERC that relates to an electric utility providing service in the municipality pursuant to 18 Code of Federal Regulations 385.214; WHEREAS, EGSI is currently involved in a proceeding before FERC regarding the rates to be charged following a FERC decision to adjust Service Schedule MSS -3 to , equalize rough production costs between the Entergy Operating Companies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: SECTION 1. The City of Nederland shall participate with other Cities to intervene at FERC in EGSI's various rate filings related to the Entergy Service Schedule and for any proceeding at FERC affecting the base rate charged to Texas customers or any transition to competition proceedings. The City of Nederland shall participate with other Cities to intervene in proceedings at the FERC on file in 2007 or to be filed in 2008 concerning EGSI. 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. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 624 day of Sen 2007. Bert Rogers, Mayor Pro Wem ' City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING October 8, 2007 The meeting was called to order at 3:00 p.m. by Mayor Pro Tern Bert E. Rogers 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 Sawyer to approve the minutes of the September 24, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 3. PRESENTATION Mayor Pro Tern Rogers recognized James Alexis on his retirement and thanked him for his 30 years of service to the City of Nederland. The Council also thanked Mr. Alexis for his dedicated service to the City and citizens of the community. 4. PROCLAMATION Mayor Pro Tern Rogers presented a proclamation to Misty Cravens, Family Services of Southeast Texas, declaring October 2007 as "Domestic Violence Awareness Month" in Nederland. Ms. Cravens thanked the Council and City for their continued support. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a proclamation declaring October 2007 as "Domestic Violence Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. S. STREETS AND SIDEWALKS A motion was made by Councilmember Neal and seconded by Councilmember Griffin to authorize the closure of the 1100 and 1200 blocks of Boston Avenue on October 31, 2007, from 5:00 p.m. to 8:00 p.m. for Boston Avenue Merchants Association Halloween activities. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Minutes continued, October 8, 2007 6. REQUESTS Andre' Wimer, City Manager, explained that the City received a request from Chad Harris and Justin Youngblood to rescind the City Council's demolition order for the structure located at 311 South 3rd Street. They stated that they recently purchased this property and were unaware of the City Council's existing demolition order. This residence has been vacant for approximately three (3) years and had deteriorated such that it was a hazard to the surrounding area. Mr. Harris stated that they intend to renovate the property and then sell it; he estimated that it would take 90 -120 days to complete the work. Rod Hatch, Building Official, stated that he is agreeable to the proposed work recognizing that all construction must be in accordance with applicable building codes. As this house is apparently salvageable, and Mr. Youngblood and Mr. Harris appear capable of performing this work, adding that it would be advantageous to allow for renovation, thereby, allowing the house to remain on the tax roll. A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to rescind the previous decision of the City Council to order demolition of the structure at 311 South 3rd Street. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to approve a request from Nehemiah's Vision to waive permit fees for homes damaged during Hurricane Rita, for a period not to exceed six (6) months. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. RESOLUTION A motion was made by Council member Neal and seconded by Council member Griffin to approve Resolution No. 2007 -19, first reading, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to The Candle Cottage. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. BIDS /PROPOSALS A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to authorize the receipt of bids for site preparation and installation of a generator, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. I Noes: None. Absent: Mayor Nugent. 203 Minutes continued, October 8, 2007 9. CONTRACTS /AGREEMENTS A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve a contract with Compliance EnviroSystems, L.L.C. in the amount of $34,195, sewer system smoke testing. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 10. NEDERLAND ECONOMIC DEVELOPMENT CORPORATION A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to reappoint Mike Guidry and Bert Rogers to the Nederland Economic Development Corporation Board of Directors for two -year terms. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 11. PAYMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve payment of the bills for the month of September. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Ifil 12. EXECUTIVE SESSION The regular meeting was recessed at 3:33 p.m by Mayor Pro Tem Rogers 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., and consultation with City Attorney. 13. RECONVENE The regular meeting was reconvened at 4:39 p.m. by Mayor Pro Tem Rogers. He announced that the Executive Session was held for informational purposes only. 14. ELECTION A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to approve Resolution No. 2007 -18, appointing a Presiding Judge and an Alternate Presiding Judge for the November 6, 2007 L Special Election. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, and Griffin. Noes: Councilmember Neal. Absent: Mayor Nugent. Minutes continued, October 8, 2007 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the South East Texas Regional Planning Commission has planned a press conference to be held at Nederland City Hall at 10:30 a.m., Friday, October 12, 2007 regarding the preemption devices on traffic signals that are being installed throughout the area. Councilmember Sawyer thanked the City staff and contractors for their efforts in cleaning up the City during the aftermath of Hurricane Humberto. 16. ADJOURN There being no further business a motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Griffin to adjourn the meeting at 4:49 p.m. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Bert E. Rogers, Ma 4r Pro Tem City of Nederland, Texas ATTEST: /1"4'_'x 2Q- ZL _4I LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 -? CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member -Ward I ✓ Billy Neal Council Member - Ward II Debby Griffin Council Member -Ward III ✓ Bert Rogers Council Member - Ward IV ✓� Andre Wimer City Manager LIZ LaDonna Floyd City Clerk Corrie Zepeda Acting City Clerk ✓ Richard Hughes City Attorne ✓ Darrell Bush Police Chief Gary Collins Fire Chief i v Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ Bert Rogers, Mayor PW Tem ' LaDonna Floyd, City Clerk /C- ') - Date 06i RESOLUTION NO. 2007 -18 A RESOLUTION APPOINTING ELECTION OFFICIALS IN ACCORDANCE WITH THE TEXAS ELECTION CODE. WHEREAS, in accordance with the Texas Election Code the governing body of the City of Nederland shall appoint the Presiding Judge and Alternate Presiding Judge for each precinct, and Presiding Judge of the Early Voting Ballot Board for the City of Nederland Special Election to be conducted November 6, 2007. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council hereby appoints the following election officers of each county precinct of said election: Voting Location County Precinct Election Officers Langham Elementary 36 Vera LeBlanc /Morgan, Judge James Morgan, Alternate Highland Park Elementary 37 Margaret Esclovan, Judge Ethel Smallwood, Alternate C. O. Wilson Middle School 56 Collice Hawkins, Judge Betty Thornton, Alternate Nederland Recreation Center 69 Pat Feldschau, Judge Kathy Hazlett, Alternate Central Middle School 83 Anita Harrell, Judge Betty Miller, Alternate THAT in addition to the presiding judge and alternate judge for each precinct herein above designated, the respective presiding judge for each precinct and the Early Voting Ballot Board as herein provided, shall be authorized to appoint a sufficient number of clerks as they may deem necessary to assist them in said election, provided, however, that the number of clerks appointed by said presiding judge for each polling place shall not be less than two, including the alternate judge also serving as a clerk. THAT the Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. Vera LeBlanc /Morgan 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, and shall perform the duties set forth for such Board in the Election Code. THAT the Central Counting Station will be located at 1400 Boston Avenue, Nederland, Texas. The City Council authorizes the appointment of La Donna Floyd as the Central Counting Station Manager and Vera LeBlanc /Morgan as the Presiding Judge of the Central Counting Station. PASSED AND APPROVED a�.�a regular, meeting of the City Council of the City of Nederland this the P day of Q��s(,� ,. , 2007. Bert Rogers, Mayor Pr em City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerlk City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. 1. MEETING October 16, 2007 The special meeting was called to order at 6:10 p.m. by Mayor Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. TEXAS GAS SERVICE Dan Lawton, The Lawton Law Firm, gave a presentation regarding the July 10, 2007 rate increase request submitted by Texas Gas Service (TGS). He explained that TGS filed for the increase in order to pay for Hurricane Rita damages sustained to their system and to recover costs associated with system upgrades and improvements. The cities of Nederland, Port Neches, Groves, and Port Arthur worked together and voted to suspend the effective date until November 12, 2007. All four cities must take formal action to either approve or deny the rates by November 12, 2007. P & L Concepts was hired to perform an analysis of TGS and that was presented to the cities recently. Upon review of the analysis, a meeting was held between the cities and The Lawton Law Firm and it was determined that some amount of increase was justified, however, not the entire amount included in the filing. A meeting was held with representatives of TGS and many issues were resolved and Mr. Lawton is recommending that all four cities accept an increase in revenue for TGS in the amount of $425,000. The agreement also will allow TGS to file an annual rate request with each city to either increase or decrease the rates. Unless each city takes affirmative action it will be an automatic denial unless approved by the City. Should a requested increase be denied, TGS would have the option to file their rate request with the Railroad Commission should TGS desire to do so. Mr. Lawton stated that these annual filing would also reduce the costs of litigation to each city. Jack Pous has reviewed the terms of the settlement and has recommended that each city adopt the proposal. Each city has been provided with a draft ordinance to adopt the proposal, rates, and cost of service adjustment. The special meeting was recessed and a Public Hearing was called to order at 6:20 p.m. by Mayor Nugent. Councilmember Sawyer asked if there is a time limit for council action after the annual filings are received. Mr. Lawton said each city will have 90 days to reject or accept the filing. There being no further questions and /or comments the Public Hearing was adjourned at 6:21 p.m. by Mayor Nugent. 17 Minutes continued, October 16, 2007 STORMWATER REGULATION Kim Carroll, Carroll & Blackman, Inc., gave a brief report to the attending representatives of the Jefferson County Storm Water Coalition (Cities of Nederland, Port Neches, Groves, and Jefferson County Drainage District No. 7) relative to the Phase II MS4 Permit and Storm Water Management Program required by the Texas Commission on Environmental Quality. The MS4 Permit is required of systems located within the "Urbanized Area" as determined by the U.S. Census Bureau and the Jefferson County Storm Water Coalition falls in this category. Mr. Carroll stated that TCEQ was to issue draft permits in the fall of 2002, but due to litigation and other matters they were not issued until August 13, 2007. An application will be necessary for all members of the Coalition and Carroll & Blackman, Inc. will be assisting each entity with the process. Each entity will also be required to develop and implement a comprehensive Storm Water Management Program (SWMP) in order to reduce the discharge of pollutants to the Maximum Extent Practical (MEP). The SWMP must conform to the "Six Minimum Measures" as outlined in the TPEDS General Permit. Mr. Carroll briefly reviewed the requirements of each of the minimum measures - public education; public involvement; illicit discharge detection and elimination; construction site runoff; post construction runoff; and good housekeeping and system operations. Additional permit requirements are to submit an annual report summarizing all activities each year of the 5 year permit term, and fully document all compliance activities. Mr. Carroll added that the formation of the Coalition would save each entity costs and time because many of the items can be accomplished jointly. Individual MS4 permit activities will require that each entity will be responsible for public education material distribution; data acquisition for documentation and reporting; illicit discharge elimination; construction and post construction ordinance enforcement; and good housekeeping and maintenance activities. Mr. Blackman reviewed the annual costs to each entity during the five year permit period. 4. 2006 PORT SECURITY GRANT Port Neches Fire Chief, Steve Curran, gave a brief update on the status of the 2006 Port Security Grant. The grant was submitted on behalf of the cities of Nederland, Port Neches, Groves and Port Arthur. The original application was revised to include four towers rather than two and it was approved by the Department of Homeland Security. He explained all the aspects of the radio communications that will be purchased with grant funds. The Mid County Central Dispatch office that is located in the Nederland Police Department will also be enlarged and equipped with all new computer and radio equipment. An architect has been hired and preliminary drawings have been submitted of the new Central Dispatch offices. Drawdowns are ready to be submitted to DHS. The deadline to expend all grant funds is March 2009. r' Minutes continued, October 16, 2007 S. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that he attended a Texas Municipal Retirement System meeting in Austin to obtain information relative to anticipated changes to the operation of the system. There had been a concern on the ability of TMRS to adequately fund the system in future years. As such, the System will likely amend their investment policy to allow for investments other than bonds and require an increase in contributions from cities. Additional and more detailed information will be provided to cities within the next few months. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Rogers to adjourn the meeting at 7:05 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. ATTEST: ' 4JO ,'V17 n om/ La Donna Floyd, City Clerk ! City of Nederland, Texas 0 R. A. Nugent, Mayor City of Nederland, Texas ?t)9 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member -Ward I v Billy Neal Council Member -Ward II r/ Debby Griffin Council Member -Ward III ✓ Bert Rogers Council Member - Ward IV ✓ Andr6 Wimer City Manager LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk t/ Richard Hughes City Attorney Darrell Bush Police Chief v' Gary Collins Fire Chief 1/ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager LaDonna Floyd, City Clerk /V- t ill �2x Date Il 1 1 L Y REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 22, 2007 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 Sawyer and seconded by Councilmember Neal to approve the minutes of the regular meeting of October 8, 2007 and the special meeting of October 16, 2007 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 3. REQUESTS Andre' Wimer, City Manager, explained that Michael Rooney has requested nil that the demolition order previously issued by City Council on 3uly 9, 2007, be rescinded. Mr. Rooney has demolished the garage and begun making necessary repairs to the remaining structure; specifically, he has been working to level the building and repair the front porch. Mr. Wimer added that Rod Hatch, Building Official, has indicated that additional work is still necessary and that Mr. Rooney appears committed to correcting all deficiencies. The remaining improvements involve removing the materials from the demolished garage, painting, replacement of rotted wood, and roof repairs. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to approve a request from Michael Rooney to rescind the previous decision of the City Council to order demolition of the structure at 2703 Avenue D. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. Andre' Wimer, City Manager, explained that Matthew and Dina Shipman are requesting that the utility bill for 2017 Avenue F be waived as they, in their opinion, did not request water service for this residence. This property is rental property and when the previous tenants moved, utility services were discontinued on September 4, 2007. On September 11, 2007, the Shipman's contacted the City by phone regarding replacement of the garbage container. At that time, staff reinitiated service to this address as water, sewer, and garbage utilities are provided as a whole; a single service, garbage collection, cannot be provided without water and sewer. Staff, operating within the City's policy, believed that the Shipman's were requesting that all services be restored. The Shipman's, however, contend that they were simply requesting 219 Minutes continued, October 22, 2007 that the old garbage container, which was full of garbage, be removed. Apparently, there was a toilet leak at the residence which resulted in a large bill for 30,000 gallons which totaled $178.24. The Shipman's were first aware that the utility services were restored when they received their bill on October 7, 2007. At that time, water service was disconnected and no water has been used since this date. A motion was made by Mayor Pro Tern Rogers and seconded by Mayor Nugent to approve a request from Matthew and Dina Shipman regarding waiver of a utility bill for 2017 Avenue F in the amount of $178.24. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 4. STREETS AND SIDEWALKS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to authorize the closure of Franklin Avenue, between 12`h and 13`h Streets, on October 25, 2007 from 3:00 p.m. - 9:00 p.m. for Langham Elementary School's Annual Fall Carnival. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 5. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:10 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding HB 621 and Section 11.253 of the Property Tax Code. Andre' Wimer, City Manager, explained that in the last legislative session, HB 621 was adopted that created an exemption for "goods -in- transit" which is personal property that is acquired or imported into Texas, detained in Texas, and subsequently transported to another location. Prior to this legislation, all such goods were subject to taxation. However, the legislation now automatically exempts such goods unless action is taken by a taxing jurisdiction to tax these goods. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:12 p.m. by Mayor Nugent. 6. ORDINANCES A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve Ordinance No. 2007 -13, taxation of goods in transit. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. ?13 Minutes continued, October 22, 2007 7. UTILITY RATE CASE j A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve Ordinance No. 2007 -14, Texas Gas Service rate request settlement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. S. RESOLUTIONS A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve the second and final reading of Resolution No. 2007 -19, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to The Candle Cottage. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 9. ELECTION A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to appoint Mayor Nugent and Councilmember Sawyer to canvass the election results from November 6, 2007 Special Election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. A motion was made by Mayor Nugent and seconded by Councilmember Sawyer to postpone setting a date for a Special Meeting to canvass the election results from the November 6, 2007 Special Election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 10. BIDS /PROPOSALS A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to award a proposal for demolition of structures previously approved for removal by the City Council to Thomason Enterprise, Port Arthur, TX, in the amount of $14,300.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. A motion was made Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to award bids received for banking services to Wells Fargo for two years with an option to renew for three additional years if satisfactory service is provided. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None, Absent: Councilmember Griffin. Minutes continued, October 22, 2007 A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to award bids received for water and sewer inventory items to Rural Pipe and Supply, Jasper, TX, in the amount of $115,147.14. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Council member Griffin. 11. STREET LIGHTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to authorize the installation of a street light at the corner of 34`h Street and Omaha Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 12. BOARDS AND COMMISSIONS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to appoint Lanny Howell to the Zoning Board of Appeals to fill the unexpired term of Barney Green. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 13. WAGE AND CLASSIFICATION PLAN Andre' Wimer, City Manager, stated that James Alexis, Park Maintenance Supervisor, is retiring October 31, 2007, and he would like to propose a change in the structure of the Parks Department. Currently the Parks and Recreation Department includes three full time positions - Recreation /Aquatic Supervisor, Parks Maintenance Supervisor, and Recreation /Aquatic Assistant. The two supervisor positions report directly to the City Manager and the Recreation /Aquatic Assistant reports to the Recreation /Aquatic Supervisor. Mr. Wimer suggested eliminating both supervisor positions and creating a Parks and Recreation Supervisor (previously the Recreation /Aquatic Supervisor) that would be responsible for the overall operation of the Parks and Recreation Department; this position would report directly to the Director of Public Works. The Parks Maintenance Supervisor would be reclassified as a Maintenance Worker position. In moving the Parks and Recreation Department under the umbrella of the Public Works Department the upkeep and maintenance of parks will be improved. There will be better coordination of labor, prisoner crews, and equipment in that the Director of Public Works and other Public Works Supervisors will be aware of any required assistance for Parks and Recreation. Additionally, the Maintenance Worker assigned to Parks and Recreation will then be available to assist other Public Works functions during certain times of the year. Minutes continued, October 22, 2007 A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve the elimination of the existing Recreation /Aquatic Supervisor position; create a Parks and Recreation Supervisor position, pay grade 112; eliminate the Parks Maintenance Supervisor position; and, create a Maintenance Worker position to be assigned to the Parks and Recreation Department, pay grade 105. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to reclassify the pay grade of the Recreation /Aquatics Assistant position, pay grade 105. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to reclassify the pay grade of the Library Assistant position, pay grade 103. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 14. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a payment to ALLCO, Inc. in the amount of $17,704.77, 2007 Sewer Rehabilitation Project, Payment Request No. 5. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 15. EXECUTIVE SESSION The regular meeting was recessed at 6:41 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.; City of Nederland v. Aqua Texas, Inc.; and, consultation with City Attorney. 16. RECONVENE The regular meeting was reconvened at 7:32 p.m. by Mayor Nugent. He announced that the Executive Session was held for information purposes only. 17. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City has been notified that it will again receive a Certificate of Achievement from the Government Finance Officers Association for the City's Comprehensive Annual Financial Report (the audit) for FY 05 -06. This award is a direct result of the work performed by Cheryl Dowden and her staff. He added that the City was notified that the 21-6 Minutes continued, October 22, 2007 Federal government has denied issuing a Disaster Declaration for Hurricane Humberto. However, Governor Rick Perry has filed an appeal. If a Disaster Declaration is not ultimately issued, none of the expenses incurred to remove ' green waste will be reimbursed. Mr. Wimer also reported that the City received notice that it has been awarded $156,665.02 in Homeland Security grant funds. Of this amount, the Police Department will receive $68,000 for the purchase of police car cameras and related video equipment. The Fire Department will receive $88,065.02 for the purchase of laptop computers for fire trucks and rescue training expenses. 18. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 7:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City lerk City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member — Ward I ✓ Billy Neal Council Member — Ward II (/ Debby Griffin Council Member —Ward III ✓ Bert Rogers Council Member —Ward IV ✓ Andre Wimer City Manager LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk Richard Hughes City Attorne ✓ Darrell Bush Police Chief Gary Collins Fire Chief +� Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager / C% R. A. Nu ent, ay ' LaDonna Floyd, City Clerk Iu Date 2118 CITY OF NEDERLAND ORDINANCE 2007 -13 AN ORDINANCE OF THE CITY OF NEDERLAND TO TAX ' TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253. WHEREAS, the 80" Texas Legislature in Regular Session has enacted House Bill 621 to take effect on January 1, 2008, which added Texas Tax Code §11.253 to exempt from taxation certain tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing or fabricating purposes (goods -in- transit) which property has been subject to taxation in the past; and, WHEREAS, Texas Tax Code §11.2530) as amended allows the governing body of a taxing unit, after conducting a public hearing, to provide for the continued taxation of such goods -in- transit; and, WHEREAS, The City Council of the City of Nederland, having conducted a public hearing as required by Section 1 -n(d), Article VIII, Texas Constitution, is of the opinion that it is the best interests of the district to continue to tax such goods -in- transit; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the goods -in- transit, as defined Texas Tax Code § 11.253(a)(2), as amended by House Bill 621, enacted by the 80`h Texas Legislature in Regular Session, shall remain subject to taxation of the City of Nederland, Texas. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ' NEDERLAND, TEXAS this the 22n6 day of October, 2007. R.A. Nugent, or City of NederlaWd, Texas ATTEST: LaDonna Floyd, City Clerk T City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: /'Q.-..e_ �> i 4nns/ �-- Richard D. Hughes, City Attorney City of Nederland, Texas 1 F_ CITY OF NEDERLAND ORDINANCE 2007 -14 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS SETTING THE JUST AND REASONABLE RATES TO BE CHARGED BY TEXAS GAS SERVICE ( "TGS ") FOR GAS SERVICE FOR CUSTOMERS IN THE CITY OF NEDERLAND, TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on or about July 10, 2007, TGS filed a Statement of Intent with the City Secretary in Nederland, Texas requesting an annual rate increase of $574,130 for the South Jefferson County Service Area; WHEREAS, TGS requested an effective date for the new rate schedule to go into effect on August 14, 2007; WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it was necessary for the City to suspend TGS' proposed effective date for 90 days until November 12, 2007; WHEREAS, the City retained the Lawton Law Firm, P.C. and rate consultant P &L Concepts, Inc. to review TGS' rate request and make necessary rate recommendations to the City; WHEREAS, on October 4, 2007, a settlement discussion on this matter was held ' between TGS, the Cities' staffs, the Cities' legal counsel, and Cities' rate consultants; WHEREAS, TGS agreed to reduce the requested rate increase by $149,130 to a level of $425,000 for the South Jefferson County Service Area; and WHEREAS, the rate consultant P &L Concepts, Inc. has recommended that the City approve a $425,000 annual rate increase as stated in the October 12, 2007 letter from P &L Concepts, Inc. THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS HEREBY ORDAINS: SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set forth herein. SECTION 2. TGS' proposed $574,130 requested annual rate increase is denied and the P &L Concepts, Inc.'s recommendation for a $425,000 rate increase is adopted and the Company shall file tariffs with the City Secretary reflecting the South Jefferson County $425,000 annual rate increase in conformance with the attached modified tariffs. SECTION 3. As recommended by P &L Concepts, Inc. and stipulated by TGS, the Company's authorized return on equity shall be 10.85%. SECTION 4. As recommended by P &L Concepts, Inc. and stipulated by TGS, the Company's authorized overall after tax rate of return shall be 8.58°%. SECTION 5. The Company's filed Federal income tax rate and depreciation rates are approved. SECTION 6. The Company shall promptly reimburse the City's rate case expenses and may collect such expenses through surcharge. 21 0 SECTION 7. The Company's Cost of Service Adjustment Clause is approved as set out in attached Rate Schedule 1 -1. This Cost of Service Adjustment Clause does not limit the legal rights and duties of the Cities, and shall be presumed not approved unless and until the City has taken affirmative action thereupon. The Cities will have a period not to exceed ninety (90) days , from the date of filing within which to review and approve or deny the proposed annual rate adjustment. If the Cities do not make a final determination within 90 days, the proposed annual rate adjustment will be considered to have been denied. Upon approval, the annual rate adjustment will take effect with the first billing cycle of August each year. The actual percentage change in the revenue requirement in any year shall not exceed the percentage change in the Consumer Price Index for All Urban Consumers (CPI -U) from December of the prior calendar year to December of the most recent calendar year. SECTION 8. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 9. This ordinance shall be effective immediately on passage. PASSED AND APPROVED BY THE T OUNCIL OF THE CITY NEDERLAND, TEXAS this the � day of C t p _,2007. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas Richard D. Hughes, City Attorney City of Nederland, Texas R.A. Nugen , Mayq- City of Nederlan , Texas 1 1 CITY OF NEDERLAND ' RESOLUTION 2007 -19 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one -half cent sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the ' development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ( "Board ") relating to the offering of an incentive to The Candle Cottage, in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 80h day of October ,2007 at which meeting a quorum was present and voting. Bert Rogers, May&l Pro Tern City of Nederland, Texas 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 n :n Resolution No. 2007 -19 Page 2 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 22nd day of October, 2007, at I which meeting a quorum was present and voting. ATTEST LN' Cc. LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas R.A. Nugent, Mayo City of Nederland, Texas n 1 CITY OF NEDERLAND RESOLUTION 2007 -20 ' A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS (CITY) AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE JUNE 30, 2008, EFFECTIVE DATE PROPOSED BY ENTERGY GULF STATE, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED "APPLICATION OF ENTERGY GULF STATES, INC. FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE FUEL COSTS ", FILED ON SEPTEMBER 26, 2007; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS, REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about September 26, 2007 Entergy Gulf States, Inc. ( "EGSI ") filed a Statement of Intent with the City to increase electric rates in the EGSI Services Area by $107.5 million per year; and WHEREAS, Cities have exclusive original jurisdiction over the rates, operations and services of an electric utility in areas in the municipality pursuant to the Public Utility Regulatory Act § 33.001(a); and ' WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retaining the necessary personnel to determine reasonable rates; and WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the Electric Utility under Public Utility Regulatory Act §33.023; and WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed rate adjustment it is necessary to suspend the effective date for implementing the proposed rates until at least September 28, 2008 in order to allow the City's rate experts sufficient time to determine the merits of EGSI's proposed rates; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing, and investigating EGSI's $107.5 million rate increase request, City's efforts will be coordinated with similarly situated municipalities through the Entergy Gulf States, Inc. Cities Service Area Steering Committee; and WHEREAS, the City will join with other EGSI service area municipalities in a steering committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the steering committee and the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: Section 1. That the statement and findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The effective date of EGSI's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days until September 28, 2008 in order to complete the review and investigation by the City's experts. Q i ') . J Section 3. The City is authorized to join with other municipalities as part of the Entergy Gulf States, Inc. Service Area Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. 1 Section 4. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed rate increase of EGSI before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Cities Steering Committee. Section 5. The Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to EGSI for reimbursement. Section 6. City's legal representatives shall have the right to obtain additional information from EGSI through the service of requests for information, which shall be responded to within twenty (20) days of receipt of such requests for information. Section 7. EGSI shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 8. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. This resolution shall become effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this Ja day of 12007. ATTEST LaDonna Floyd, City Clerk r City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, City AttAmey City of Nederland, Texas R.A. Nugent, M r City of Nederlar� Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. 1. MEETING November 12, 2007 The regular meeting was called to order at 3:00 p.m. by Mayor Pro Tem Bert Rogers 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 Griffin and seconded by Councilmember Sawyer to approve the minutes of the October 22, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 3. RESOLUTION A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve Resolution No. 2007 -21, approving the 2007 tax roll as certified by the Jefferson County Tax Office. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve Resolution No. 2007 -22, casting votes for the Jefferson County Appraisal District Board of Directors. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. STORM WATER MANAGEMENT A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve the Storm Water Management Program. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. S. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to postpone terminating a contract with American Traffic t Solutions, Inc. for red light traffic enforcement cameras. MOTION CARRIED. Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Minutes continued, November 12, 2007 6. ORDINANCE A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve Ordinance No. 2007 -15, releasing a ' portion of the 30' right -of -way on 7`h Street. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. SUBDIVISION A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to postpone approval of the final plat and accepting improvements in the Lakes of Nederland subdivision. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. S. ELECTION A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to authorize the payment of election officials in accordance with Texas Election Code in the total amount of $2,806.00. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 9. INVESTMENT REPORTS A motion was made by Councilmember Griffin and seconded by Councilmember Neal to accept the Quarterly Investment Report from the Finance Department (see attached). MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to accept the Annual Investment Report from the Finance Department (see attached). MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 10. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve payments to ALLCO, Inc. as follows: $43,128.86, 2007 Sewer Rehabilitation Project, Final Payment Request No. 6 and release of retainage; and, $2,745.00, 2007 Emergency Sewer Rehabilitation, Payment Request No. 3. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Minutes continued, November 12, 2007 A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve payment to Neches Engineers, Inc. in the amount of $750.00, windstorm certification. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to approve the payment of the bills for the month of October. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent, 11. EXECUTIVE SESSION A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that smoke testing on a portion of the City's sewer lines is scheduled to begin the first week of December. ' 13. ADJOURN There being no further business a motion was made by Councilmember Sawyer and seconded by Councilmember Neal to adjourn the meeting at 4:15 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 Bert Rogers, Mayor Pro em City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member —Ward I Billy Neal Council Member —Ward II ✓ Debby Griffin Council Member —Ward III Bert Rogers Council Member —Ward IV Andre Wimer City Manager LaDonna Floyd City Clerk I/ Corrie Ze eda Acting City Clerk Richard Hughes City Attorney(✓ Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Bert Roge , Mayly Pro Tem LaDonna Floyd, City Clerk l 11- i� Date 1 1 J 1 1 CITY OF NEDERLAND RESOLUTION NO. 2007-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2007 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 2007 tax roll. PASSED AND APPROVED this the 10 day of / 00 6e t`. , 2007. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attdiney City of Nederland, Texas a Bert Rogers, mayor P Tern City of Nederland, Texas 21 9 w a w a a g E 5 w Z O Fr 0 U o N oa wmw m�� r maF F y W Ua to rl W 100 F m aw 0 W r �w T H a E a W WU U z W a co w w m e a r 0 0 N m N \ In OU .+ F n 00 000 0 o m min 00 00 o 0 o 0 00000 mm 0 m N N N � tll N O �o N xo 0 00 0 m 0 0 0 7 w Z a o w O e b m F Q U Hx0wao�q pl W �FF1fxi7UU '0 as I Q WW wwW w M h g Q S� I 0 0 I � »>�> N O 0 z 0 0 F N mono a m.im o o .�.i �c o .� o o a in omoo .�v o000 �o p�o o .a v a in �n .a .a .i .a r o • N 0 a 00 N mm m e .i N N m q m m 'aJ o �o in U1 m m r n N Uf o N m r r v m a w u gg ggg ad v..aWW.vi�y�y+�iw r�� o ii w.. � �a>: •� W m U P U S ama N y e N a o 0 0 0 gg W�7 p�7 OUG;; W Wa O > H vl vooi °sti W V-ayf' pm7 �[p�n� vi F >p 'a�p: WUj( a O a 67 a RN �`,yr�'j,� '�^pZ., f9 a �TN. W (NOaY F..7.7 to °» �F FFt+.•7 �0.' W Ia.P F F 1 231 CITY OF NEDERLAND RESOLUTION 2007 -22 WHEREAS, Senate Bill No. 621, Acts of the 66`h Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act; and WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and WHEREAS, the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District; and WHEREAS, the Act entitles each taxing unit to vote and determine its votes by resolution submitted to the Jefferson County Appraisal District before December 15, 2007. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland, in compliance with Senate Bill No. 621, hereby casts its entire vote as follows: Miriam Johnson ' Eugene Landry Charles Lankford 54 Fred Mitchell Roosevelt Petry C. L. Sherman SO RESOLVED, this the I -? day of 2007. x2- Bert Rogers, Wayor Oro Tem City of Nederland, Texas ATTEST: ,_, LaDonna Floyd, City' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 1 /2-, "t� Richard D. Hughes, City Altorney City of Nederland, Texas CITY OF NEDERLAND ORDINANCE NO. 2007-15 AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING OF A RIGHT -OF -WAY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Greg and Patricia Martin own the property adjacent to the right -of -way hereinafter described; WHEREAS, that said portion of said right -of -way is no longer used and the said above named property owners have requested the City Council of the City of Nederland to discontinue, close and abandon said portion of the right -of -way, as hereinafter described; WHEREAS, the City of Nederland agrees to discontinue, close, and abandon, and convey and exchange said right -of -way to the abutting property owners at fair market value as determined by an appraisal obtained by the City; WHEREAS, the City of Nederland shall retain a twenty-five foot (25') wide utility and drainage easement being the most Easterly twenty-five feet (25') of the right -of -way herein described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION 1: That the following described portion of said right -of -way in the City of Nederland, Jefferson County, Texas, be and it is hereby discontinued, closed and abandoned as a right -of -way: 0.0743 acre of land, a portion of a dedicated right of way named 7'" Street situated in Nederland Texas as described in Attachment "A"; and SECTION 2: The City of Nederland shall convey and exchange said right -of -way to the abutting property owners at fair market value as determined by an appraisal obtained by the City. SECTION 3: That the City of Nederland shall retain a twenty-five foot (25') utility and drainage easement on the East side of the right -of -way. SECTION 4: This ordinance shall be effective from and after its passage. SECTION 5: That the Mayor Pro Tem and City Clerk shall be authorized to sign and attest the transfer of this property by Quitclaim Deed or other instruments, as needed, to the above named. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland on this the ! d day of 11 �}i,r -� (mot , 2007. L� Bert Roge<Maya Pro Tem City of Nederland, Texas ATTEST: % �l�l4otiL'tn' - �C -l�c� N LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas ' 0.0743 ACRE OF LAND, 3 3 BEING A PORTION OF 7TH STREET RIGHT OF WAY, CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS BEING 0.0743 acre of land, a portion of a dedicated right of way named 7`1' Street situated in Nederland, Texas; said 0.0743 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a' /2" steel rod found in concrete for the Southeast corner of Lot 6, Block 4, Oakley's First Addition, City of Nederland, recorded in Volume 4, Page 2, map Records, Jefferson County, Texas; said %2" steel rod being the intersection of the North right of way line of a dedicated road named Chicago Avenue with the West right of way line of said 7s' Street; THENCE, North 47 deg., 54 min., 43 sec., West, on the West right of way line of said 7`h Street, same being the East line of said Lot 6, Block 4, Oakley's First Addition, a distance of 61.98' to a '/2" steel rod set, capped, and marked "SOUTEX" for the POINT OF BEGINNING; said '/2" steel rod being the Southwest corner of the herein described tract; THENCE, North 47 deg., 54 min., 43 sec., West, continuing on the East line of said Lot 6, Block 4, a distance of 93.34' to a '/2" steel rod set, capped, and marked "SOUTEX" for the Northwest comer of the herein described tract; from which a 1" steel pipe found for the Northeast corner of the said Lot 6, Block 4, Oakley's First Addition, bears North 47 deg., 54 min., 43 sec., West, a distance of 10.64'; THENCE, North 41 deg., 23 min., 26 sec., East, crossing said lei Street, a distance of 34.67' to a '/2" steel rod set, capped, and marked "SOUTEX" for the Northwest corner of a tract of land conveyed to Patricia K. Martin, recorded in File No. 2005044463, Official Public Records, Jefferson County, Texas; from which a '/2" steel rod found for the Northeast corner of said Patricia K. Marin tract, bears North 41 deg., 23 min., 26 sec., East, a distance of 165.96'; THENCE, South 47 deg., 54 min., 43 sec., East, on the West line of said Patricia K. Martin tract, a distance of 93.34' to a found ' /2" steel rod for the Southeast corner of the herein described tract, same being the Northwest corner of a tract of land conveyed to James and Laura Graham, recorded in File No. 2000047643, Official Public Records, Jefferson County, Texas; THENCE, South 41 deg., 23 min., 26 sec., West, crossing said 7`h Street, a distance of 34.67' to the POINT OF BEGINNING and containing 0.0743 acre of land, more or less. Note: Reference line based on monuments found on the East right of way line of 7`h Street, North 48 deg., 47 min., 00 sec., West, a distance of 194.64'; Vernon Riley Strickland tract, recorded in File No. 20000385988, Official Public Records, Jefferson County, Texas. This description is based on Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on J 007. ' .......... O F (. �T•F�i' Patricia IC Martin ti?P ��gFO 9s LS- 07 -0850D `:.... ANTHONY M. GER !9 :qc 234 R.A. 'Dick' Nugenl, Mayor ON Seri Rsx,lers. Mayor Pro rem II Robert Saa yei Ci)wicilmeribPr Ci t 4 Ne - e rla nd Silly NAa Cound imernber 1/r''i�� r�F7bbyC�dRir� Councilmerrittsr Andrei Wiener. City Manager r ' P.O. 13ox 967 •Nederland, Taxis 77627 • (409) 723 -1503 •FAX (409) 723.1550 Inr•estment Report For the Quarter Ending Septeinber 30, 2007 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 reportin- period. Submitted by the Investment Officers of the City of Nederland Andre' Wiener, City Manager ' Cheryl Bowden, Director of Finance 1 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 2007 Investments at Beginning of Period (7 -1 -07) $5,300,371.21 Purchases 69,465.81 Maturities 1,050,000.00 Investments at End of Period (9- 30 -07) $4,319,837.02 Maturity Summary at September 30, 2007 ❑ Less than 3 months ® 3 to 6 months ■ 7 to 9 months ■ 9 to 12 months City of Nederland Summary of Account Activity Total Portfolio - All Accounts ' For Quarter Ending September 30, 2007 Fund Allocation at September 30, 2007 Other 1.01% Police Narcotics Fund 1.05% Bond Redemption Fund 1.75% Water & Sewer Fund 22.25% General Fund 73.94% 1 Balance Balance 07/01/2007 Purchases Maturities 09/30/2007 General Fund $3,942,313.80 $51,757.62 $800,000.00 $3,194,071.42 Library Fund 31,042.18 278.04 31,320.22 Water & Sewer Fund 1,195,471.51 15,691.92 250,000.00 961,163.43 Motel Occupancy Tax Fund 11,532.62 152.39 11,685.01 Solid Waste Fund 775.13 10.20 785.33 Police Narcotics Fund 44,591.13 589.27 45,180.40 Bond Redemption Fund 74,644.84 986.37 75,631.21 $5,300,371.21 $69,465.81 $1,050,000.00 $4,319,837.02 Fund Allocation at September 30, 2007 Other 1.01% Police Narcotics Fund 1.05% Bond Redemption Fund 1.75% Water & Sewer Fund 22.25% General Fund 73.94% 1 Investment Report Schedule Investments for the Quarter ended September 30, 2007 'ERTIFICATES OF DEPOSIT Interest Earned for Quarter ended Certificate Purchase Maturity Days to Interest September 30, Number Date Date be held Rate Face Amount 2007 Held at September 30, 2007 Library Special Fund 1481085106 02/20/07 12/31/07 316 3.20% 10,000.00 81.02 Total Interest Earned on CDs for the quarter ended September 30, 2007 $ 81.02 Total Certificates of Deposit held at September 30, 2007 $ 10,000.00 1 1 2 8 Investment Report Schedule Investments for the Quarter ended September 30, 2007 INVESTMENT POOL - TEXPOOL , Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 07/01/07 09/30/07 1 5.22% $3,942,313.80 $51,757.62 $3,994,071.42 Water &Sewer 07/01/07 09/30/07 1 5.22% 1,195,471.51 15,691.92 1,211,163.43 Bond Redemp. 07/01/07 09/30/07 1 5.22% 74,644.84 986.37 75,631.21 Motel Occupancy Fund 07/01/07 09/30/07 1 5.22% 11,532.62 152.39 11,685.01 Library Special 07/01/07 09/30/07 1 5.22% 21,042.18 278.04 21,320.22 Solid Waste Fund 07/01/07 09/30/07 1 5.22% 775.13 10.20 785.33 Police Narcotic Fund 07/01/07 09/30/07 1 5.22% 44,591.13 589.27 45,180.40 Totals for TEXPOOL Investments $5,290,371.21 $69,465.81 $5,359,837.02 ,7 .J 1 J 1 Investment Report Schedule Investments for the Quarter ended September 30, 2007 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate September 30, 2007 Bond Redemp.Fund 07/01/07 09/30/07 1 5.26% 613.11 Court Technology Fund 07/01/07 09/30/07 1 5.26% 24.76 Equipment Replacement Funds 07/01/07 09/30/07 1 5.26% 7,897.23 General Fund 07/01/07 09/30/07 1 5.26% 64,855.66 Library Special Fund 07/01/07 09/30/07 1 5.26% 320.85 MCML Dispatch 07/01/07 09/30/07 1 5.26% 1,194.70 Motel Occupancy Fund 07/01/07 09/30/07 1 5.26% 55.59 Parks & Rec. Fund 07/01/07 09/30/07 1 5.26% 9.34 Police Narcotic Fund 07/01/07 09/30/07 1 5.26% 1,622.28 Solid Waste Fund 07/01/07 09/30/07 1 5.26% 7,145.27 SRF Construction & Escrow Funds 07/01/07 09/30/07 1 5.26% 3,176.79 SSES Fund 07/01/07 09/30/07 1 5.26% 2,511.32 W & S Certificate Fund 07/01/07 09/30/07 1 5.26% 812.59 $90,239.49 n ' +6 Investment Report Schedule September 30, 2007 Interest Earnings for Quarter Ended September 30, 2007 Bond Redemption Fund $1,599.48 Court Technology Fund 24.76 Equipment Replacement Funds 7,897.23 General Fund 116,613.28 Library Special Fund 679.91 MCML Dispatch 1,194.70 Motel Occupancy Tax Fund 207.98 Parks & Recreation Special Fund 9.34 Police Narcotic Account 2,211.55 Solid Waste Fund 7,155.47 SRF Escrow & Construction Funds 3,176.79 SSES Fund 2,511.32 W & S Certificate Fund 812.59 Water & Sewer Fund 15,691.92 $159,786.32 1 1 1 241 Memorandum To: Mayor and City Councilmembers From: Cheryl Dowden, Director of Finance Date: November 1, 2007 Re: Investment Report for Year Ended September 30, 2007 Attached are investment schedules with interest earnings by investment for the period October 1, 2006 through September 30, 2007. Investments included Certificates of Deposit and pooled cash investments in Texpool. Total interest earnings of $546,375.05 were derived from demand deposits in the amount of $271,438.67, Texpool investments in the amount of $274,629.94, and Certificates of Deposit in the amount of $306.44. Interest earnings for fiscal year ending September 30, 2007 are twenty-nine percent higher compared to the previous fiscal year due to increasing interest rates. A comparison of prior year's interest earnings is ' included for your review. r CITY OF NEDERLAND INVESTMENT INTEREST EARNED FOR FISCAL YEAR ENDED SEPTEMBER 30, 2007 Interest Earned Interest Earned Interest Earned Interest Earned Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fund Ended 9/30/04 Ended 9/30/05 Ended 9/30/06 Ended 9/30/07 SRF Fund Bond Redemption Fund Capital Outlay Fund Court Technology Fund Drainage Construction Fund Equipment Replacement Fund General Fund Hotel/Motel Occupancy Tax Fund Library Special Fund Mid County Dispatch Parks & Recreation Special Fund Police Narcotic Fund SSES Fund Solid Waste Fund W & S Certificate Fund Water Meter Project Fund Wastewater Construction Fund Water & Sewer Fund $11,921.89 $5,924.96 $9,826.07 $9,770.34 1,059.79 2,574.53 4,837.45 5,739.77 4.05 10.12 18.19 1.88 13.79 21.70 53.41 106.71 9,491.39 7,905.36 2,753.04 0.00 1,640.00 4,830.27 9,002.62 17,140.32 55,974.15 149,315.66 284,877.87 379,022.91 141.35 347.99 598.39 740.07 582.47 1,232.60 2,152.64 2,713.60 8.30 16.95 43.28 3,369.41 40.17 145.91 132.51 31.32 802.39 2,147.45 6,667.35 7,710.01 3,972.38 5,415.30 9,065.56 9,666.45 2,322.59 9,034.77 18,450.92 27,225.80 262.20 1,022.99 2,146.79 2,539.22 0.00 12,393.57 239.55 0.00 9,818.69 10,362.66 11,034.26 9,149.11 15,925.13 34,834.69 61,642.61 71,448.13 $113,980.73 $247,537.48 $423,542.51 $546,375.05 0 1 J ' CITY OF NEDERLAND INVESTMENT INTEREST RATES FOR FISCAL YEAR ENDED SEPTEMBER 30, 2007 1 Interest Rates October 06 - September 07 5.50 'i 5.00 Texpool m v m —�— 4.50 Demand a Deposits 4.00 A A A A A o A A A o A A Oho ,�0,0��0��,�0c� °Jacl��acl�a��c PQ0 �aN S�c0 �o 1 m ) F 5mQ ?43 Demand Texpool Deposits October -06 5.2831 5.1300 November -06 5.2780 5.3200 December -06 5.2859 5.2700 January-07 5.2718 5.2700 February-07 5.2803 5.3400 March -07 5.2933 5.3600 April -07 5.2738 5.2700 May -07 5.2568 5.1500 June -07 5.2884 5.0100 July -07 5.2760 5.1000 August -07 5.2473 5.1800 September -07 5.1330 4.5000 1 Interest Rates October 06 - September 07 5.50 'i 5.00 Texpool m v m —�— 4.50 Demand a Deposits 4.00 A A A A A o A A A o A A Oho ,�0,0��0��,�0c� °Jacl��acl�a��c PQ0 �aN S�c0 �o 1 m ) F 5mQ ?43 CITY OF NEDERLAND INVESTMENT INTEREST EARNED FOR FISCAL YEAR ENDED SEPTEMBER 30, 2007 1 1 1 CERTIFICATES DEMAND OF DEPOSIT TEXPOOL DEPOSITS TOTAL Bond Redemption Fund $3,870.02 $1,869.75 $5,739.77 Capital Outlay Fund 1.88 1.88 Court Technology Fund 106.71 106.71 Equipment Replacement Fund 0.28 17,140.04 17,140.32 General Fund 204,055.69 174,967.22 379,022.91 Library Special Fund 306.44 1,090.94 1,316.22 2,713.60 Mid County Dispatch 3.17 3,366.24 3,369.41 Motel Occupancy Tax Fund 597.89 142.18 740.07 Parks & Recreation Special Fund 0.04 31.28 31.32 Police Narcotic Fund 2,311.85 5,398.16 7,710.01 Solid Waste Fund 40.18 27,185.62 27,225.80 SRF Fund 783.06 8,987.28 9,770.34 SSES Fund 9,666.45 9,666.45 W & S Certificate Fund 2,539.22 2,539.22 Wastewater Construction Fund 9,149.11 9,149.11 Water & Sewer Fund 61,874.94 9,573.19 71,448.13 $306.44 $274,629.94 $271,438.67 $546,375.05 1 1 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE Nil CITY OF NEDERLAND 1:00 P.M. MEETING November 14, 2007 The special meeting was called to order at 1:00 p.m. by Mayor Pro Tern Bert Rogers at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. ELECTION Andre' Wimer, City Manager, read the official results of the Special Election conducted on November 6, 2007. The Street Maintenance Sales Tax proposition received 394 votes "FOR" and 325 "AGAINST ". A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to accept the returns as read. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Sawyer and seconded by ' Councilmember Sawyer to approve Resolution No. 2007 -23, declaring the results "for" and "against" the proposition included on the November 6, 2007 Special Election. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Sawyer to adjourn the meeting at 1:06 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. to Bert Rogers, Mayor Tern City of Nederland, Texas ATTEST: I 4�r, Z::gL-4rd — La Donna Floyd, City Clerk City of Nederland, Texas 245 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member— Ward I Billy Neal Council Member —Ward II Debby Griffin Council Member —Ward III I✓ Bert Rogers Council Member —Ward IV ✓ Andre Wimer City Manager LaDonna Floyd City Clerk ✓ Cowie Ze eda Acting City Clerk Richard Hughes City Attorney ✓ Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official r/ Victoria Klehn Librarian V Kelly Galloway Assistant to the City Manager Bert Rogers, MayorOjo Tem 0 oVL,� LaDonna Floyd, City Clerk, Date 1 1 CITY OF NEDERLAND RESOLUTION NO. 2007 -23 WHEREAS, the City Council of the City of Nederland, Texas (the "City ") duly ' authorized an election to be held within the City on November 6, 2007, for the purpose of submitting to the resident qualified electors of the City a proposition regarding adoption of the street maintenance sales tax; WHEREAS, the City Council has investigated all matters pertaining to said election; and, WHEREAS, the election officers who held said election have duly made the returns of the results thereof, and said returns have been duly delivered to this City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Findings It is officially found and determined that said election was duly ordered, that proper notice thereof was duly given, that proper election officers were duly appointed prior to said election, that said election was duly and lawfully held, that due returns of the results of said election have been made and delivered, and that this City Council has duly canvassed said returns, all in accordance with law and the Order Calling Election. Section 2. Results Declared It is officially found and determined that the following votes were cast as said election on the submitted proposition by the resident qualified electors of the City who voted at said election: PROPOSITION ' "Shall the City Council of the City of Nederland, Texas be authorized to impose and adopt a sales and use tax that decreases the currently effective rate of additional sales and use tax for purposes of economic development from one -half (112) of one percent to the rate of one quarter (1/4) of one percent, for the purposes permitted by the provisions of Section 413, as amended, Texas Revised Civil Statues Annotated Article 5190.6, to pay the costs of projects, including the costs of constructing, improving and equipping any projects that will promote new or expanded business enterprises within the City, along with paying the maintenance and operating expenses related these projects; and adopt a sales and use tax for the purposes permitted by Chapter 327,as amended, Texas Tax Code at the rate of one - quarter (1/4) of one - percent (1 %) to pay the costs to maintain and repair municipal streets." 34yVOTES FOR 3.2,S- VOTES AGAINST TOTAL VOTES CAST and that the Proposition was approved by b 9 votes. Section 3. Public Meeting It is officially found, determined, and declared that the meeting at which this Resolution has been adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered and acted upon at said meeting, including this Resolution, was given as required by the applicable provisions of Texas Government Code, Chapter 551. 1 n,17 PASSED AND APPROVED this the l y day of November, 2007. Bert Rogers, ayor ro Tern City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk T City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �25 s ichard D. Hughes, Cit Attorney City of Nederland, Texas 1 L�J 9" 4 9. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. MEETING November 26, 2007 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 Neal and seconded by Mayor Pro Tern Rogers to amend the minutes of the October 8, 2007 meeting to reflect that Councilmember Neal voted "no" on approval of Resolution No. 2007 -18, appointing election officials for the November 6, 2007 Special Election; and approving the minutes as written for the regular meeting of November 12, 2007 and the special meeting of November 14, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ' 3. PROCLAMATION Andre' Wimer, City Manager, presented a proclamation declaring the week if December 10, 2007 as "Nederland Masonic Lodge #1368 Appreciation Week" in Nederland to Jeff Darby, Worshipful Master. Mr. Darby thanked the Mayor and Council for their support as they celebrate their 50`h year as a Nederland Lodge. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a proclamation declaring the week of December 10, 2007 as "Nederland Masonic Lodge #1358 Appreciation Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. STREETS AND SIDEWALKS A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to authorize the closure of the 1300 block of Boston Avenue on December 15, 2007 from 7:30 p.m. until 10:00 p.m. for Boston Avenue Merchants Associations Christmas activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. ' Noes: None. I Minutes continued, November 26, 2007 DEVELOPMENTS A motion was made by Mayor Nugent and seconded by Councilmember Sawyer to postpone approving the final plat, and accepting improvements in the Lakes of Nederland subdivision. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. RESOLUTION A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Griffin to approve the first reading of Resolution No. 2007 -24, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Allied Plywood & Lumber, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. BIDS /PURCHASES A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to award bids received for generator site preparation and installation of a generator, Hurricane Rita Disaster Recovery, to A & A Electric Co., Inc., Beaumont, TX, in the amount of $81,516.00, contingent upon final approve of the contract by the Office of Rural and Community Affairs. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Nugent to approve the purchase of generators for the Fire Station /Police Station from the Houston - Galveston Area Council in the amount of $130,468.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. OFFICIALS' COMMENTS Andre' Wimer, City Manager, stated that the drawings of the proposed Central Dispatch expansion that were presented to Council last week are close to being finalized. The architect is working on the bid packets and the City of Port Neches should be ready to accept the bids soon. Minutes continued, November 26, 2007 10. ADJOURN ' There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 6:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 Li R. A. Nugent, Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member —Ward I 1✓ Billy Neal Council Member —Ward II ✓ Debby Griffin Council Member —Ward III Bert Rogers Council Member —Ward IV i✓ Andrb Wimer City Manager LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk t✓ Richard Hughes City Attorney V✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works f✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. A. hu'dent, ! or �R Oo L,�JC', � LaDonna Floyd, City Clerk !1- 0?iP -ct71 Date 1 1 J 2 3 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 3:00 p.m. 1. MEETING December 10, 2007 The meeting was called to order at 3:00 p.m. Mayor Pro Tern Bert Rogers 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 Councilmember Neal to approve the minutes of the November 26, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 3. DONATION Philip Klein, Nederland Volunteer Fired Department, Inc., thanked the City ' Council and Chief Gary Collins for bringing the Volunteers and the Nederland Firefighters together as a team. The last three years the Volunteers have raised and donated approximately $102,300 in money and equipment for the City. He also thanked the citizens of Nederland for their continued support. Mr. Klein added that the Volunteer would like to donate the following equipment to the City: One (1) ID Tag System ($250.00); Rescue Lights ($249.00); One (1) Dell laptop computer ($439.00); Four (4) full bunker gear ($5,048.55); 64" plasma television ($1,263.00); and, One (1) Dell 6400 computer with 19" monitor ($943.00). A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to accept the donation of equipment from the Nederland Volunteer Fire Department, Inc. as follows: One (1) ID Tag System ($250.00); Rescue Lights ($249.00); One (1) Dell laptop computer ($439.00); Four (4) full bunker gear ($5,048.55); 64" plasma television ($1,263.00); and, One (1) Dell 6400 computer with 19" monitor ($943.00). MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 4. PRESENTATION Rod Carroll, Stat Care EMS, addressed the Council relative to their desire to implement an EMS Subscription Plan. He explained that for a nominal fee of $50.00 per household their Platinum Protection Plan would cover emergency and certain non - emergency ambulance transports. The Plan is intended to minimize out -of- pocket expenses associated with medical transportation needs. Mr. Carroll added that as a member of the Plan, medical history information would be on file with their office and that would provide immediate information to their personnel prior to arrival at the location. Minutes continued, December 10, 2007 S. COMMENTS Crystal Foxworth, 3403 Omaha, addressed the Council regarding a smoking ban in public places. She stated that she believes the public should be able to go in to all public places without having to breath second hand smoke. Mrs. Foxworth spoke on the health risks of second hand smoke. She asked the Council to consider a ban similar to other cities in Texas. Andre' Wimer, City Manager, stated that this is the first time this issue has come before Council, therefore, no research has been done on the subject. He suggested that if the Council would like to consider such a ban it should be placed on several agendas in order to give both sides an opportunity to speak. This would also provide time for staff to research the pros and cons and how other cities were impacted by such a ban. The Council instructed the City Manager and staff to proceed with initial research of other city ordinances and to place the item on another agenda after the first of the year. SUBDIVISION A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to postpone approving the final plat, and accepting improvements, in the Lakes of Nederland subdivision. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 7. RESOLUTION A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve the final reading of Resolution No. 2007- 24, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Allied Plywood & Lumber, Inc. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. S. STREET LIGHT REQUEST A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to authorize the installation of a street light at 517 South 12`h Street. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. POLICIES/ PROCEDURES A motion was made by Councilmember Griffin and seconded by Councilmember Neal to maintain the current Investment Policy. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Minutes continued, December 10, 2007 10. PAYMENTS ' A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve the payment of the bills for the month of November. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. 11. EXECUTIVE SESSION The regular meeting was recessed at 3:30 p.m. by Mayor Pro Tern Rogers 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.; City of Nederland v. Aqua Texas, Inc.; and consultation with City Attorney, 12. RECONVENE The regular meeting was reconvened at 3:56 p.m. by Mayor Pro Tern Rogers. He announced that the Executive Session was held for informational purposes only. 13. OFFICIALS' COMMENTS None. 14. ADJOURN There being no further business a motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to adjourn the meeting at 4:00 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Rogers, Councilmembers Sawyer, Neal, and Griffin. Noes: None. Absent: Mayor Nugent. Bert Rogers, Mayo ro Tern City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk ' City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I v' Billy Neal Council Member -Ward II ✓J Debby Griffin Council Member -Ward III Bert Rogers Council Member- Ward IV Andre Wimer City Manager F t/ LaDonna Floyd City Clerk L� Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance V' Steve Hamilton Director of Public Works Rod Hatch Building Official ✓'" Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Bert Rogers, Mayor Tern ?�. ITV` "V"c .+ �M•� -LIC -� LaDonna Floyd, City Clerk /,;)- /c &'I Date 1 J CITY OF NEDERLAND RESOLUTION 2007 -24 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one -half cent sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the . development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ( "Board ") relating to the offering of an incentive to Allied Plywood & Lumber, Inc., in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 26`" day of November ,2007 at which meeting a quorum was present and voting. R.A. Nugent, or Pro Tem City of Nederl d, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: �A at�n— Richard D. Hughes, City A omey City of Nederland, Texas 258 Resolution No. 2007 -24 Page 2 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 10`s day of December , 2007, , at which meeting a quorum was present and voting. Bert Rogers, Mayor Pro Vm City of Nederland, Texas ATTEST Z6 1LL%j n LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City ttomey City of Nederland, Texas 1 1 259 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. 1. MEETING December 17, 2007 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 Councilmember Sawyer to approve the minutes of the December 10, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. JOINT PUBLIC HEARING The regular meeting was recessed and a Joint Public Hearing between the City ' Council and the Planning and Zoning Commission was called to order at 6:03 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the rezoning of the property described as the NW 1/2 of Lot 3, Block 2, Cottage Grove Addition, from Single Family Zoning to Neighborhood Retail Zoning. Stanley Archer, 1408 - 22nd Street, asked for the definition of Neighborhood Retail and if a specific use permit would be issued if the zoning were changed. He added that he would be concerned with the additional traffic on 22nd Street if apartments were to be built on the property in questions. Andre' Wimer, City Manager, explained that Neighborhood Retail allows for apartments, multi - family residential, and some retail. He added that the Planning and Zoning Commission did consider the traffic situation when they denied the request to rezone. Councilmember Griffin stated that the definition of "spot zoning" would not apply to this property because it adjourns property that is already zoned Neighborhood Retail. She added that it would not be illegal to approve the rezoning request if that would be the desire of the Council. Randall Griffith, 1008 - 22nd Street, lives next door to this property and added that he was opposed to the rezoning and feels it would decrease the value of his property if apartments were constructed. ' Don Henslee, 1523 - 22nd Street, also opposed the rezoning because apartments would decrease the value of the property in the area. 0 y Minutes continued, December 17, 2007 Melinda Handley, 1304 - 22nd Street, is concerned about the increase in traffic if the property is rezoned and apartments are constructed. She added there are a number of children in the area and feels the potential for increased traffic could put them in danger. Jeff Kyler, 1524 - 22nd Street, also is opposed to the rezoning because of the potential traffic problems. C. J. Schexnaider, Planning and Zoning Commission, stated that if this lot were allowed to be rezoned it could potentially create a never - ending cycle down the entire street. Chad Henslee, 1308 - 22nd Street, stated that he has children and he is also concerned about the increase in traffic as well as the potential decrease in property values. There being no further questions and /or comments the Joint Public Hearing was adjourned at 6:20 p.m. by Mayor Nugent. ZONING /REZONING A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to deny the request to rezone the property described as the NW 1/2 of Lot 3, Block 2, Cottage Grove Addition, from Single Family Zoning to Neighborhood Retail Zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. REQUEST A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to deny the request from Stanley G. Newsome, on behalf of Triangle Acquisitions, Inc. to waive fees associated with the Lakes of Nederland subdivision for garbage containers and street lights. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. DEVELOPMENTS A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to postpone approval of the final plat and accepting improvements in the Lakes of Nederland subdivision. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. CONTRACTS /AGREEMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to terminate the contract with American Traffic Solutions, Inc. for red light traffic enforcement cameras. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, December 17, 2007 B. PARKS AND RECREATION ' A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize the approval of Parks Department expenditures for functionality, safety, and aesthetics as follows: Doornbos Park, $23,114; Rienstra Park, $7,560; Homer Nagel Park, $4,000; and, South 5`h Street Park, $1,125. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. CHANGE ORDER A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to approve Change Order No. 1 with Jerry Walley Construction, L.P., CDBG water and sewer line project, in the amount of - $4,115.42. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION The regular meeting was recessed at 6:40 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., City of Nederland v. Aqua Texas, Inc., and consultation with City Attorney. 11. RECONVENE The regular meeting was reconvened at 7:10 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 12. PUBLIC OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the next City Council meeting will be held on January 14, 2008. He added that roll -off garbage containers will be placed at the Service Center next week to allow citizens to dispose of excess Christmas trash. Mrs. Crawford, owner of Mercantile Antiques at 1166 Boston Avenue, addressed the Council regarding the 2 -hour parking limits on Boston Avenue. She would like to be able to park in front of her store all day. Andre' Wimer, City Manager, suggested that she contact all the other merchants concerning the time limit and have an item placed on a future agenda for consideration by the Council. 2G >� Minutes continued, December 17, 2007 13. ADJOURN There being no further business a motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to adjourn the meeting at 7:26 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. r3Mr *115 �0.X.ciwi o C- -- LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 1 n CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor I/ Robert Sawyer Council Member - Ward I Ll Billy Neal Council Member- Ward II V/ Debby Griffin Council Member -Ward III LIZ Bert Rogers Council Member -Ward IV Andri Wimer City Manager v' LaDonna Floyd City Clerk i Corrie Ze eda Acting City Clerk ' Richard Hughes City Attorney Darrell Bush Police Chief ✓� Gary Collins Fire Chief Cheryl Dowden Director of Finance I/ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian ✓/ Kelly Galloway Assistant to the City Manager v R. A. Nugent, Mayor �°jalllQ Z ' LaDonna Floyd, City Clerk Date