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January 25, 2016REG(,iLAR MEETING OF THE CITY COUNCIL bF THE CITY OF NEOERLAN� 4i30 P_m" .74m"uary 25, 2016 X. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12- Street, Nederland, Texas. See attached for quorum_ The following statement was read by Mayor Nugent: "PURSUANT TO SECTION 30_07, PENAL CODE (TRESPASS. 13Y LICENSE HOLDER WITH AN OPENLY CARRIEr> HANK>GIJN3�, A PERSON LICENSE[? UNSER SU SCHAPTER H, CHAPTER 411, GOVERNMENT COGIE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANdGUN THAT ZS CARFRSEjE> OPENLY_" 2_ ZN VOCATIbN A"131 PLEbGE bF ALLEGIANIC;` The invocation and pledge of allegiance were led by Chris Unique, City Manager - 4=401M lErd-C anager_ CONSEN-C A4-.EN6A - All consent agenda items listed are considered to be routine by the City Council and will be enacted by ane motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmernber Neal and seconded by Mayor Pro Tem Albanese to approve the Consent Agenda Items a -e as presented. MOTION CARRIEC►_ AYessc Mayor Nugent, Cou nciimembers Austin, Neal, Albanese, and Beiaire. Noels: None. a. Minutes — January 11, 2016 regular meeting b. Tax Assessor Collector Repot - E>ecember 2015 c. Consider action approving a request from First Baptist Church to utilize Hoorn bol Park for their annual Easter Egg Hunt event. d. Consider action authorizing the Jefferson County Mosquito Control District to fly at low altitudes as required for the application of pesticides for the contract of mosquitoes within the city limits of Nederiand_ e. Payments: Carroll 8L Blackman, Inc_ - $887.67, Phase II M54 Permit Implementation Services • Carr011 8, Blackman, Inc. - $851.25, 2015 GIS Mapping project + Schaumburg 8a Polk, Inc. - $1,536.00, South 5- Street Water Tower Rehabilitation project Schaumburg 8c POik, Inc. $ 3,500.00, Renewal Application of the Texas Pollutant Coischarge Elimination System Permit No. 10483-002 Schaumburg 8e Polk, Inc_ - $ 1,277.52, 2015 Asphalt Street Rehabilitation project Basco Construction, Inc_ - $31,'113.00, Bob Henson Building Repairs/Improvements project Bruce's General Construction - $20,083.00, 2015 Concrete Street Rehabilitation project Minutes Continued, January 25, 2016 • Bruce's General Construction - $37,885.00, SundeCk Replacement project • LD Construction - $50,285.40, 2015 Asphalt Street Rehabilitation project 4. REGULAR AGENDA a. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the 2016 Hotel Occupancy Tax budget of the Nederland Chamber of Commerce in accordance with Texas Tax Code Section 351.101.c. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Ordinance 2016-07, authorizing participation with other Entergy -service cities in matters concerning Entergy Texas, Inc. at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2016. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve Ordinance No. 2016-08, adopting the 2011 edition of the National Electrical Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to amend the Standard Operating Procedure #SOP -16-08, Earning and Accumulating Compensatory Time, which will supersede Section 8.05.04 of the Personnel Policy Manual that sets the comp time cap at 24 hours. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve final payment and release of retainage to L & L General Contractors, Nederland Veterans' Park project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. Bids/Purchases: i. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the solicitation of bids for Employee Group Benefits; Life Insurance, Long Term Disability, and Accidental Death and Dismemberment Insurance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to authorize the solicitation of bids for the Nederland Swimming Pool Fence project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Minutes Continued, January 25, 2016 Noes: None. iii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to not undertake the 2015 Nederland Swimming Pool Improvements project due to no bids being received in two separate bid attempts. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iv. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to authorize the purchase of resurfacing the Nederland Swimming Pool via BuyBoard, HGAC, or other state -approved contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. V. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to authorize the purchase of a UV System for the Nederland Swimming Pool via BuyBoard, HGAC, or other state -approved contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2016-09, amending the Fiscal Year 2015-2016 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Resolution No. 2016-01, calling for an election to be held on May 7, 2016 for the purpose of electing a Mayor; two (2) Councilmembers, one from Ward II and one from Ward IV; and appointment a Clerk for Early Voting. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. S. EXECUTIVE SESSION Mayor Nugent announced the Executive Session would not be held since the City Attorney was unable to make the meeting. 6. COMMUNICATION City Manager's Report: a. Construction Project Update: Steve Hamilton gave a brief update on current construction projects: • Hot Mix Asphalt Overlay project is due to be complete on February 9th. Work on South 12th Street is set to be completed Friday, January 29th and South 21st is set for completion on Saturday, January 30th. • City Hall Generator installation is completed and start-up with certified representative is scheduled for Friday, January 29th. • Authorization for New Shop/Office Building will be requested in February. • Bob Henson Renovation is going well and staff is pleased with the contractor's (BASCO) progress and work. Minutes Continued, January 25, 2016 7. ADJOURN There being no further business a motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to adjourn the meeting at 5:19 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. /4w' R. A. Nugent,or City of Nederled, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET J NAME TITLE R. A. Nugent Mayor Talmadge Austin Council Member -Ward I Billy Neal Council Member- Ward II Don Albanese Council Member -Ward III Craig Belaire Council Member -Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden I Director of Finance Darrell Bush ( Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette I Parks Director A. Nugent, a nny 1 AlllrAl ay Fergusdn, City ler January 25, 2016 Date PRESENT V Y V NAV ABSENT ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON TERRY WUENSCHEL CHIEF DEPUTY I, Allison Nathan Getz, P.C.C., the Tax Assessor -Collector of Jefferson County, Texas and also, by contract or statute, the Tax Assessor -Collector for CITY OF NEDERLAND, affirm, under oath, that this amount $2,655,405.06, represents all taxes collected for CITY OF NEDERLAND during the month of December 2015. "�&)4 Allison Nathan Getz, P.C.C. JEFFERSON COUNTY COURTHOUSE - P.O. BOX 2112 - BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 - FAX: (409)835-8589 Jefferson County Mosquito Control District Organized in 1950 Kevin J. Sexton, Director 8905 First Street 1 % Beaumont, Texas 77705 Phone: (409)719-5940 Fax: (409)727-4176 ksextonCco.iefferson.tx.us January 5, 2016 Mayor's Office City of Nederland P.O. Box 967 Nederland, TX 77627 Dear Mayor: Advisory Commission: Dr. M.O. Way, Chairman Denise Wheeler, Secretary George Mitchell Matt Vincent Paul Jones Reginald Boykins Sr. Each year the Jefferson County Mosquito Control District requests the governing bodies of the different communities in Jefferson County to furnish a waiver permitting the Mosquito Control aircraft to fly at low altitudes over the territory under their jurisdiction. It is respectfully requested that the City Council sign the enclosed waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft over the City of Nederland for mosquito control purposes. Federal Regulations places the responsibility of maintaining all records and complying with all rules and regulations upon the operator of the aircraft. This file is open at all times for inspection. We furthermore request that you please mail or fax over the signed copy of the waiver to the number listed above. If at any time you may have any questions, please contact Jerry Hinson, Chief Pilot or Kevin J. Sexton, Director for assistance. Respe¢tfull rrs� ,___- Jp1` Ny ton, Chief Pilot Cc: County Judge Jeff Branick, Jefferson County Commissioner Eddie Arnold, Precinct 1 Commissioner Brent Weaver, Precinct 2 Commissioner Michael Sinegal, Precinct 3 Commissioner Everett Alfred, Precinct 4 Jefferson County Mosquito Control District Organized in 1950 Kevin J. Sexton, Director 8905 First Street I % Beaumont, Texas 77705 Phone: (409)719-5940 Fax: (409) 727-4176 ksexton@co.iefferson.tx.us ' January 5, 2016 AERIAL WAIVER Mayor's Office City of Nederland P.O. Box 967 Nederland, TX 77627 Advisory Commission: Dr. M.O. Way, Chairman Denise Wheeler, Secretary George Mitchell Matt Vincent Paul Jones Reginald Boykins Sr. The Jefferson County Mosquito Control District is authorized to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the limits of City of Nederland, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regulations governing this type of application. Signature:%� , May(6r's Office, Ci of Nederland, Texas 1 Date: Jerry Hinson, Chief Pilot Jefferson County Mosquito Control District JW H/dw FN ORDINANCE NO. 2016-07 A ORDINANCE OF THE CITY COUNCIL OF NEDERLAND TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS INC~ AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAK. ENERGY REGULATORY COMMISSION IN 2016 WHEREAS, Entergy Texas, Inc's ("ofcustomer choice has ceased due to Senate Bill 1492and ETI will continue to be regulated under traditional cost-of-aervioeregulation; WHEREAS, changes tothe Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on ETI and customer bills during 2016 and into the future; WHEREAS, ETI |mscheduled &olitigate requests invarious proceedings before the Public Utility Commission of Texas, before municipalities, or before the Federal Energy Regulatory Commission in 2016 related to ETI's continued integration with the Midwest Independent System Operator(^MIGU"), ETIs continuing efforts toexit the Entergy System Agreement (which exit has now been approved by all retail regulatory authorities and the FERC) to be effective August 31, 2016, various fuel cost refunds or surcharges and reconciliations, capacitycoot surcharges and reconciliations; and for any type of base rate proceedings (such as a new base rate increase request, transmission cost recovery rider, a distribution cost recovery rider, energy efficiency cost recovery factor, hurricane restoration cost oroffset true -ups, oro purchased power capacity cost recovery rider) orcost adjustments; WHEREAS, ETI isscheduled tufile fuel factor proceedings atthe Public Utility Commission in February and August 2016, and 0e other fuel proceedings during 2016 to reconcile fuel, to refund or surcharge fuel charges, and hochange the fuel mechanism, along with various surcharge requests impacting rates; WHEREAS, ETI is expected hufile a proceeding for rate change and fuel change during 2016 to recover costs associated with new capacity purchases; WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred inassociation with its Energy Efficiency Plan aswell asreconcile past costs; WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers 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. Utit Code g 33'001; WHEREAS, Cities have standing in each case before the Public Utility Commission ofTexas that relates toanelectric utility providing service inthe municipality pursuant to Tex. Util. Code§ 33'025, and standing before each Federal Energy Regulatory Commission case in which the City may be affected pursuant to 18 C.F.R. g 385.I14| WHEREAS, Cities are entitled toreimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Ubt Code § 33.023. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERKAND, TEXAS, that: SECTION 1. The City ofNederland shall participate with other Cities Uo intervene in ETIs various rate filings related to the various fuel cost surcharges and reconciliations, capacity surcharges and reconciliations, the allocation and refund of rough production cost equalization payments, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rataadjustment proceedings orcost ofservice adjustmentsonfile with the Public Utility Commission of Texas or with municipalities in 2016 and seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and its residents. The City mfNederland shall participate with other Cities tointervene in fuel or fuel related proceedings at the Public Utility Commission and the Federal Energy Regulatory Commission onfile in2V18concerning ETI'srates charged toTexas customers. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cibem'SteehngCommittee shall have authority turetain nate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation insaid proceedings. SECTION 2. This Ordinance shall beeffective from and after the date ofits passage. PASSED AND APPROVED BY THE CITY COUNCIL nfthe City ofNederland, Texas, this 2Srnday ofJANUARY, 2O18' City of Ned and, Texas ATTEST: (5ev &o-n,� City CIkfk-- ' City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: ~ THE NATIONAL ELECTRICAL CODE ORDINANCE NO. 2016-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ADOPTING THE 2011 EDITION OF THE NATIONAL ELECTRICAL CODE, REGULATING AND GOVERNING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, AND USE OR MAINTINANCE OF THE ELECTRICAL SYSTEMS IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES; THEREFOR, REPEALING ARTICLE VI ELECTRICITY, IN CHAPTER IS OF THE CITY OF NEDERLAND CODE OF ORDINANCES AND ALL OFER ORDINANCES OF PARTS OF THE LAWS IN CONFLISCT THEREWITH, NOW THEREFOR, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. That a certain document, three (3) copies of which are on file in the office of the City Building Official of the City of Nederland, being marked and designated as the National Electrical Code, 2011 edition, as published by the National Fire Protection Association, be and is hereby adopted as the Electrical Code of the City of Nederland, in the State of Texas for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electrical systems as herein provided; providing for the issuance of permits and collection of fees therefor, and each and all of the regulations, provisions, penalties, conditions and terms of said Electrical Code on file in the office of the Inspection Department are hereby referred to, adopted, and made part hereof, as if fully set out in this ordinance, with the additions, insertions, amendments and deletions, if any, prescribed in this ordinance. Section 2. The following sections of the City of Nederland Electrical Code are hereby revised as follows: DIVISION 1. - GENERALLY Sec. 18-201. - Definitions. As used in this article the following definitions shall apply: Approved or approval., Approved by the chief building official. National, state, and city standards shall be the basis of such approval. Conductor.• A wire or cable or other form of metal suitable for carrying electrical current or potential. Electrical construction: All work and material used in installing, maintaining, or extending a system of electrical wiring, and all appurtenances, apparatus, and equipment used in connection therewith, inside of or attached to any building or structure, lot, or premises. Electrical contractor.• Any person or firm engaged in the business of providing and selling electrical services as licensed by the State of Texas as an electrical contractor. He shall have a permanently established place of business with a published telephone number. He shall hold a "master electrician's" certificate or shall employ an individual who does and carry him on his active payroll. A master electrician may not quality more than one contractor. He shall be available to the inspection authority to answer any questions relating to electrical work coming under the jurisdiction of this electrical inspection authority. EquIpment, Conductors, materials, fittings, devices, appliances, fixtures, signs, apparatus, motors, and the like, used as a part of or In connection with any electrical installation. Journeyman electrician: Any person who is employed by an electrical contractor, works under the supervision of a master electrician, and who holds an electrical journeyman's license with the State of Texas to do electrical work for wages and who does not furnish any materials or supplies in the performance of his work. Journeyman sign electrician: Any person who is employed by a master sign electrician to install signs for wages and who does not furnish any materials and supplies in the performance of his work and who holds an electrical journeyman sign electrician's license with the State of Texas. Maintenance and repaIr.• The act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside, attached or connected to any building electrical system, by replacement of units or elements thereof, but shall not include extensions of or additions to an existing system or branch thereof. Maintenance electrician; An electrician regularly employed on a permanent basis by any person and who performs work only in the confines of the building or in or on the premises where he is regularly employed on a permanent basis, and who does maintenance work as defined in the paragraph "maintenance and repair" and who holds a maintenance electrician's license with the State of Texas. Master electrician., Any person who is, by training, experience, and education, competent to Jay out, design, and install a system of wiring for light, heat, or power and who holds a master electrician's license with the State of Texas. Master sign electrician: A person who holds himself out to the public to contract for himself, or through others, manufactures, installs, connects, re -connects, or services electric signs, or any cold cathode or neon gas tubing, inside or outside of whatever description or for any purpose and is qualified. The master sign electrician must hold a master sign electrician's license from the State of Texas. Sign contractors who employ registered sign electricians may run circuits to the sign if the sign require two Circuits or less. If three or more circuits are required for the sign, these circuits must be installed by a master electrician or a journeyman electrician working directly under the direction of a master electrician. Outlet. The term "outlet" shall mean and be construed as any point on a Wiring system at which a switch is installed or electricity is taken from a circuit for light, power, or any other purpose or service. Outside electrical work.* The installing, maintaining, altering, repairing, or erecting of any electrical wiring, apparatus, devices, appliances, fixtures, or equipment located outside of and separate from buildings and on poles, towers, or other structures designed or constructed to be used exclusively for the support of such electrical wiring, apparatus, devices, appliances, fixtures, or equipment for which a permit is required under the terms of this code, except that overhead conductors may be attached to buildings. Person: An individual, association, partnership, corporation, or other entity. Plant electrician: Any person holding a master electrician's license, who is carried on the active payroll of a firm, co -partnership, or corporation for the purpose of performing or supervising the performance of electrical work on the property of his employer. He shall be available to the chief building official or his designated representative to answer any questions relating to electrical work coming under the jurisdiction of this electrical authority. Registrant.• That person who has a current Texas Electrical License and the proper amount of liability insurance required by the State of Texas and has paid the necessary registration fees to date, and that his name is carried in the records of the chief building official as a person authorized to do electrical work as defined in this article. Responsible person.- The person that Is responsible for installing electrical wiring and/or equipment in a structure. This would include a licensed electrician doing residential or commercial work as well as a homeowner doing work on his own homestead. DIVISION 2. CODE ADOPTION Sec. 18-202. - Purpose of ordinance. The purpose of this article is the practical safeguarding of persons, and buildings and their contents, from electrical hazards arising from the improper installation and use of electricity. The 2011 version of the National Electric Code as adopted and approved by the National Fire Protection Association, , a copy of which has been approved by the city council, is hereby adopted and declared operative as the electrical code ("code") of the city, With the additions, insertions, deletions, and amendments as provided in this article. The provisions of this article shall prevail over the National Electrical Code in case of a direct conflict. Conformity of electrical installations with the applicable standards set forth in the code shall be prima fade evidence that such installations are reasonably safe for persons and property. One copy of the code shall be filed in the office of the city Building Official. The city hereby enacts the provisions as set out in the rules and regulations of the Texas Electrical Safety and Ucensing Act. Sec. 18-203. - Scope of ordinance. (a) The provisions of this article shall apply to all installations of and work done on electrical conductors, fittings, devices, motors, controls, appliances, fixtures, electronic devices, signs and gaseous tubing, herein referred to as electrical equipment, within or on public and private buildings and premises with exceptions as provided herein. (b) On all installations of electrical conductors or equipment hereafter made, and all existing installations which are altered, or for which the use has changed, all work shall be done in a manner that will conform with the requirements for a sufficient and safe electrical structure and system under this article. (c) Repair and maintenance work shall be such that if any electrical conductor or equipment is removed and later replaced, same shall be replaced in accordance with the provisions of this article. Sec. 18-204. - Applicability of ordinance—Public utilities. The provisions of this article shall not apply to installations made or used by agencies in the generation, transmission or distribution of electricity, or for the operation of railways, signal or transmission of intelligence when located Within or on buildings, enclosures, or premises used exclusively by such agency or on public thoroughfare; provided, however, such agencies excepted are operating under a valid franchise agreement with the city. Sec. 18-208. - Reserved. DIVISION 3. - ADMINISTRATION Sec. 18-209. —Electrical License. 1. It shall be unlawful for any person to engage in the business of installing maintaining, altering or repairing any wiring, fixtures or equipment used for the conducting of electricity for which a permit is required by this article, or to in any manner undertake to execute such work, unless such person is the holder of a State of Texas electrical license as required by this article. It shall be unlawful for any person to falsely represent himself as a licensed electrician of any class set forth In this article or to use the words "electrical contractor," "master electrician," or "electrician," or words of similar import or meaning, on signs, cards, stationery, or by any other manner whatsoever, unless such person is properly licensed by the State of Texas within the meaning of this article. 2. The city of Nederland recognizes only the following license classifications as listed in the Texas State Electrical Safety and Ucensing Act and described in the Texas Electrical Occupation Code Tide 8 are: • Master Electrician Master Sign Electrician • Journeyman Electrician • Journeyman Sign Electrician • Electrical Contractor • Electrical Sign Contractor • Maintenance Electrician 3. The chief building official shall have the power to suspend or revoke the license who Is found guilty of. • The practice of any fraud or deceit in obtaining such license; • Taking out electrical permits in the name of some person authorized by law to do electrical work and thereafter permitting a person without a proper license to do the work, • Any gross negligence, Incompetence, or misconduct in the performance of electrical work within the jurisdiction of the city under this article. Sec- 18-210.1. - Decision of the chief building official; appeals. The owner of the building, structure or service system, or his duly authorized agent, may appeal a decision of the chief building official to the construction board of appeals whenever any one of the following conditions are claimed to exist: (1) The chief building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. (2) The provisions of this article do not apply to this specific case. (3) That an equally good or more desirable form of installation can be employed in any specific case. (4) The true intent and meaning of this article or any of the regulations there under have been misconstrued or incorrectly interpreted; or (5) The chief building official denies, suspends, or revokes any permit or license authorized by this article. Sec. 18-210.2. - Variances. The construction board of appeals, when so appealed to and after a hearing, may vary the application of any provision of this article to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: (1) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. (2) That the special conditions and circumstances do not result from the action or inaction of the applicant. (3) That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. (4) That the grant of the variance Will be in harmony with the general intent and purpose of this article and will not be detrimental to the public health, safety and general welfare. Sec. 18-210.3. - Conditions of the variance. In granting the variance, the construction board of appeals may prescribe a reasonable time limit Within which the action for which the variance is required shall be commenced or completed or both. In addition, the construction board of appeals may prescribe appropriate conditions and safeguards in conformity with this article. Violation of the conditions of a variance shall be deemed a Violation of this article. Sec. 18-210.4. - Notice of appeal. Notice of appeal shall be in writing to the construction board of appeals and filed within 30 calendar days after the decision is rendered by the chief building official. Appeals shall be in a form acceptable to the chief building official. Sec. 18-210.5. - Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the chief building official, is unsafe, or dangerous, the chief building official may, in his order, limit the time for such appeals to ten calendar days or less. Sec. 18-210.6. - Decisions. The construction board of appeals shall meet within 30 calendar days after notice of appeal has been received. They shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the construction board of appeals shall also include the reasons for the decision. If a decision of construction board of appeals reverses or modifies a refusal, order, or disallowance of the chief building official or varies the application of any provision of this article, the chief building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the city clerk and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant. Every decision of the construction board of appeals shall be final, subject however to such remedy as any aggrieved party might have at law or In equity. DIVISION 4. - ELECTRICIANS Sec. 18-221. - Required; to whom issued; exemption. (a) Permits shall be issued to master electricians or master sign electricians qualified to secure permits, as set forth in this article, or to their duly authorized agent The master electrician or master sign electrician shall certify their duly authorized agent to the building official in the form of an affidavit stating that such master or master sign electrician assumes all and full responsibility for any permit taken out or applied for by such agent. Upon permitting, the licensed master electrician and licensed electrical contractor shall submit the names of all licensed journeyman and apprentice electricians that will be performing the work at the permitted job site. (b) In the actual work of installing, maintaining, altering, or repairing of any electrical conductors or equipment for which a permit is required by this article, there shall be present and in direct supervision a qualified electrician of the proper classification as determined by this article. It shall be required that a master electrician or master sign electrician, as the case may be, be liable and responsible for the layout and technical supervision of any work which has required the securing of permits and journeyman electrician shall not supervise at the job site more than three apprentices. Should it come to the notice of the chief building official or his assistants that such supervision and control are not being maintained, the chief building official may order the work to be discontinued and the person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied as verified by the chief building official. (c) When one master electrician or master sign electrician completes the rough work, in whole or in part, or does any electrical wiring or installation of fixtures or equipment and a second master electrician or master sign electrician is called upon to complete the work, in whole or In part, a separate permit is required for which regular fees shall be paid for the work done. Each master or master sign electrician shall be held responsible only for the work installed by him. Before the second master electrician or master sign electrician is issued a permit for the completion of an electrical wiring or installation of fixtures or equipment job, the chief building official shall W attempt to notify the master electrician or master sign electrician holding the original or first permit that the second permit is to be issued. The issuance of the second permit shall cancel the first permit and no refund of fees shall be made. Nothing in this article shall be construed to prevent a person from doing electrical work himself on his own residence, which is owned and occupied, or to be occupied by him immediately upon completion of such residence, so long as he complies with all of the other provisions of this article. This exception shall be construed to mean an individual owner (not a firm, co -partnership, or corporation) who actually does the labor himself. This individual owner shall be present at the time of any electrical inspection. Electrical work on rent property shall be performed by a licensed and bonded master electrician or a journeyman electrician working directly under the direction of a master electrician. Sec. 18-219. - Master electrician's office. Every master electrician, if he qualifies as an electrical contractor as prescribed under § 1305.159 of the Texas Occupations Code, must have and maintain an established place of business and shall either have a person in attendance or have an answering service to receive messages from the city or other persons concerned during regular business hours. A master electrician can represent and acquire permits for no more than one electrical business. DIVISION 5. -PERMITS Sec. 18-222. - Application; scope of permit requirements. (a) Every person who shall install, cause to be installed, or permit to be installed, any electrical wiring, fixtures or equipment or shall make any alteration, addition, change or repair within the scope of this article shall, before commencement of such work, make application for a permit therefore with the chief building official. (b) There shall be one permit for each building for which rough work for electrical Wiring, fixtures, or electrical equipment is installed. Accessory buildings, tourist cottages, or group houses shall not be considered separate buildings when the work is to be installed as one complete project and at one time, except where separate switches or meter loops are installed thereon. (c) Each electrical contractor wishing to pull electrical permits within the City of Nederland shall furnish a copy of the electrical contractor's license, responsible master's license and the state required liability insurance which states the City of Nederland as certificate holder. (d) Application for permits shall be made in writing upon forms provided by the city for that purpose. With such application there shall be filed a diagram or plan in such a format as required by the chief building official showing clearly the character and kind of wiring or installation of fixtures or equipment work to be done. The plan or diagram shall show the manner in which the electrical installation is to be made, or the character of any repairs to any existing electric installation. Such application shall include the following information: (1) Street and house number; (2) Name of the owner; (3) Type of construction and use of buildings; and (4) A list of electrical fixtures and appliances to be installed. (5) Provide a list of all names of licensed journeyman and apprentice electricians that will be performing the work at the permitted job site. (e) The diagram or plans, and application, shall be referred to the chief building official who shall have the authority to issue or refuse to issue a permit. (f) Plans for buildings of more than 5,000 square feet, based on exterior dimensions or more than two stories in height, shall bear the seal and signature of a professional electrical engineer licensed in the State of Texas. Sec. 18-223. - Fees. Payment of permit fees shall be made prior to the issuance of a permit, and shall be based on the schedule of fees herein set out: (1) Fee schedule, a. Service up to 200 amperes ..... $11.00 Over 200 amperes..... 25.00 b. Each additional meter ..... 3.00 C. Each outlet, switch and receptacle ..... 0.50 d. Fixtures.....0.50 e. Bells, buzzers and chimes..... 1.10 f. Range ..... 2.50 9. Water heater..... 2.50 h. Dishwasher ..... 1.35 L Disposal..... 1.35 j. Attic fan ..... 1.35 k. Dryer ..... 2.50 I. Yard lamp, each ..... 1.35 M. Room air conditioner outlet..... 2.50 n. Central Heat, furnace..... 5.25 0. Each motor up to five HP.....2.20 p- Each motor over five HP ..... 2.75 q- Electrical signs..... 15.00 r. Light and power panels except at point of service, (sub -panels) each ..... 7.75 S. Each rectifier or transformer ..... 5.25 t. Elevators, dumbwaiters, escalators.....8.25 U. Gasoline pumps ..... 3.55 V. Floodlight poles ..... 1.35 W. Welding machine outlet ..... 2.45 X. Change service..... 10.00 Y. Temporary service on pole/Manufactured Home Pole ..... 10.00 Z. Re-inspection.....20.00 aa. Move meter..... 10.00 bb. Permit issuance fee ..... 15.00 CC. Inspection for electrical power or name change..... 10.00 dd. Swimming pool..... 15.00 **ee. After hours inspection—per inspection..... 55.00 "When an inspection is required by the owner or contractor before 8:00 a.m. and after 5:00 p.m. on normal business days, or on weekends and holidays this fee shall apply. Sec. 18-224. - Expiration. If electrical wiring or installation of fixtures or equipment work authorized under a permit is not started within 180 calendar days after issuance of such permit, or if the work is started and then discontinued and the work remains discontinued without justifiable cause as determined by the chief building official for a period of 180 calendar days, the permit shall become void, and no work shall be done on the premises until a new permit is issued and all necessary fees paid. No refunds shall be made for permits that have become void. Sec. 18-225. - Cancellation. The building official shall have the right to declare a permit null and void if there has been misrepresentation of facts or any Violation of the provisions of this article. DIVISION 6. - STANDARDS AND SPECIFICATIONS Sec. 18-226. - Responsibility for safe work, liability of city for damages. The electrical regulations of this article shall not be construed to relieve from or lessen the responsibility or liability of any person owning, operating or installing electrical conductors, devices, appliances, fixtures, apparatus, motors or equipment, for damages to persons or buildings caused by any defect therein by reason of the inspection herein authorized or the certificate of approved inspection issued by the chief building official as herein provided; nor shall the city be held liable for any damages that occurred from the action taken by the chief building official in connection with the performance of his duties. Sec. 18-227. - Installation standards generally. (a) All installations of electrical wiring and equipment shall be reasonably safe to persons and property and in conformity with the provisions of this Code, the applicable statutes of the state, and any rules or regulations issued by authority thereof. (b) Due to the unusual climatic conditions prevailing in and about the city, certain exceptions to the wiring methods and materials, as set forth in the National Electrical Code herein adopted, shall be made as listed in section 18-231 Sec. 18-228. - Equipment standards generally. (a) Conformity of electrical equipment with the applicable standards of the Underwriters' Laboratories, Inc., shall be prima facie evidence that such equipment is reasonably safe to persons and property as it relates to the requirements of this article. (b) Only standard electrical parts and materials approved by the Underwriters' Laboratories, Inc., or by the chief building official shall be permitted in electrical repair or maintenance work. Sec, 18-229. - Sign standards generally. (a) All electrically illuminated or electrically powered outdoor and indoor signs and displays shall be safe to persons and property and in conformity with the provisions of this article. (b) Conformity of all types of electrical signs with applicable standards of the Underwriters' Laboratories, Inc., and the National Electrical Code shall be prima facie evidence that such installations are reasonably safe to persons and property; provided that the provisions of this article shall prevail in case of conflicting provisions. (c) Conformity of construction, erection, foundation and means of support of all such signs with the International Building Code shall be approved by the building official before permits for electrical Inspection shall be issued under the authority of this article. (d) A permit for an electrical sign must be obtained from the building official before any sign is installed. Sec. 18-230. - Utility company rules and regulations. Rules and regulations for the company supplying electricity to the city, regarding service and meter installations for the kind and character of service to be rendered, as passed and approved by the city council from time to time, in accordance with franchise provisions, are hereby referred to, incorporated herein, and made a part hereof. Sec. 18-231. - Approved wiring methods, used thereof. Wiring methods approved by the National Electrical Code shall be used with the exceptions listed below: (1) Any National Electrical Code approved method may be used for temporary work. (2) In all commercial buildings, and all buildings used for commercial purposes, the following wiring methods are excluded from the approved methods, as listed in the National Electrical Code: a. Open Wiring on insulators b. Concealed knob and tube work c. Electrical non-metallic tubing d. Non-metallic sheathed cable e. Service entrance cable f. Underground feeder and branch circuit cable g. Aluminum conductors smaller than # 4 AWG (3) The following equipment shall be installed on individual circuits: a. Attic fan and heating unit b. Dishwasher c. Disposal d. Washing machine e. Dryer f. Water heaters and space heaters g. Ranges, built-in ranges, tops and ovens h. Air conditioning equipment I. Other types of equipment that requires special circuits j. Built-in microwave ovens (4) Low voltage wiring. All low voltage wiring and devices shall be Installed according to the requirements of the National Electrical Code. (5) Minimum size for underground conduit shall be three -fourth inch in diameter. (6) Wiring in all commercial structures shall be number 12 AWG copper conductors or larger. (7) The bathroom branch circuits shall consist of one 20 -ampere circuit per bathroom. Sec. 18-232. - Main disconnects. There shall be an outside main disconnect provided for all new commercial structures. Sec. 18-233. - Service clearances. Service clearances shall comply with the current requirements of "standard service practices" of the local utility company. Where these clearances are not covered by this standard, the National Electrical Code shall apply. Sea 18-234. - Temporary construction poles. Temporary poles shall comply with the requirements of the local utility company's standard service practices. Sec. 18-235. - Certificate of approval required before connecting. It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, device or equipment on an installation for which a permit is required, as set forth in this article, until a certificate of approval has been issued by the chief building official authorizing such connection and the use of such wiring, devices or equipment. Sec. 18-236. - Unauthorized connection after disconnection. It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, device or equipment which has been disconnected by order of the chief building official until a certificate of approval has been issued by him authorizing the reconnection and use of such wiring, devices or equipment. Sea 18-237. - Rough work inspection, correcting faulty work, re -inspection. (a) Notice, time, signing inspection tag. When the rough wiring or installation work is completed on any premises, the responsible person therefore shall notify the chief building official that the job is ready for inspection, giving proper identification of the work, address and permit number. The chief building official shall then make every reasonable effort to do an inspection of the electric installation within 24 hours from the time of notification (exclusive of Saturdays, Sundays and legal holidays). If the wiring or installation work has been installed in accordance with the terms and provisions of this article, the building official shall sign the inspection tag, noting thereon the date of approval of the work. More than one rough inspection may be made without charge when the progress of construction requires such inspection. (b) Faulty work. If the electric wiring or installation of fixtures or equipment is found to be faulty, incorrectly or defectively installed, the chief building official shall notify the responsible person who installed such work of the changes necessary to be made in order that the work may conform to this article. (c) Rectification of faulty work. The responsible person shall, within 48 hours from the time of notification, make or start to make the changes ordered and shall proceed with the work until the same is completed. Upon completion thereof and payment of the re- inspection fee, he shall notify the chief building official to the effect that faulty work has been corrected. The latter shall then cause the re -inspection to be made and, if such work is found to comply with this article, he shall sign the inspection card noting thereon the date of approval of the work. If the chief building official shall again find the work incorrectly installed, he shall notify the responsible person of the necessary changes and that person shall pay an additional re -inspection fee to the city before any other inspections are made. If the responsible person does not make the required changes within a reasonable time, the chief building official shall refuse to issue to any such person any further permits until such work in question is corrected and approved. Sec. 18-238. - Final inspection. Upon the completion of all electrical wiring or installation of fixtures or equipment in any building or on any premises, the responsible person shall notify the chief building official that the work is ready for final inspection, giving the electrical permit number and street address. The chief building official shall make every reasonable effort to make the final inspection within 24 hours from the time of receipt of notification (exclusive of Saturdays, Sundays and legal holidays) and, if any faulty or defective wiring or equipment is found, the responsible person shall be notified of the changes to be made in order that such work shall conform to this article. If such work is found to be correctly installed, replaced or repaired, the electrical certificate shall state that the wiring or installation work has been installed in accordance with the provisions of this article. For each final inspection requested after the first has been made, a re -inspection fee shall be charged. A temporary final inspection may be requested for activation of permit power if the building has the ability to be completely secured from unauthorized entry and all outside devices and fixtures are installed or have cover plates installed. Sea 18-239. - Leaving work open. It shall be unlawful for any person to cover, or cause to be covered, any part of a wiring installation with flooring, lath, wallboard or other material, until the chief building official shall have approved the wiring installation, in part or as a whole. Sea 18-240. - Altering conductors or equipment, when interference with other work. It shall be unlawful for any unauthorized person to, in any manner, change or alter electrical conductors or equipment in or on any building. If, in the course of the erection of a building or structure, electrical conductors or equipment have previously been installed in such position as to interfere with the erection or completion of the structure, notice shall be immediately given the person using the electrical conductors or equipment, and he shall be required to accomplish this needed change in accordance with this article. Secs. 18-241-18-320. - Reserved. Section 3. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Nederland hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4. That nothing in this legislation or in the National Electrical Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 1 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section S. That the City Secretary is hereby ordered and directed to cause this legislation to be published. (An additional provision may be required to direct the number of times the legislation is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Section 6. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect ten (10) days from and after the date of its final passage and adoption. PASSED AND APPROVED this 25r" day of JANUARY, 2016. rity A.Nugent, Mayor of Nederland, Texas ATTEST: Gay Fergus4fi, City Clerk U City of Nederland, APPROVED AS TO FORM AND LEGALITY: C✓ le ooederiand, ity Attorney C'Texas ORDINANCE NO. 2016-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2015- 2016 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2015-16, which adopted the Fiscal Year 2015-2016 City Budget; and, WHEREAS, the City Council deems it necessary to amend the current budget to adjust revenues and expenditures as set out in Attachment "A" attached hereto; and, WHEREAS, the 2015-2016 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2016 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2015 and ending September 30, 2016, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2015-2016 is amended to allow for adjustments in revenues and expenditures as set out in Attachment "A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT, this being an ordinance not requiring publication, it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 25TH DAY OF JANUARY, 2016. R. A. Nugent, or City of Nederialid, Texas ATTEST: nn^^ ay Fergu n, City Clerk APPROVED AS TO FORM AND LEGALITY: C.� Jes Bran' ity Attorney 6.kTAW�'q.M'% 1 .4 shl -4 -1 k 1 0 WO FISCAL YEAR: 2015-2016 DATE: January 25, 2016 DEPARTMENT: Various FUND: General (01), Parks Special (25) Capital Outlay (31) AMOUNT CURRENT INCREASE ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) 01-0000-4720 Sale of Land - 317,412 01-5100-6350 Bldp/Structure Improvements 40,000 (20,000) Buildings, Fixtures, and Grounds - 20,000 101-5100-6720 01-9000-6907 Transfer to Capital Outlay Fund - 317,412 25-5103-6720 Buildings, Fixtures, and Grounds - 190,000 25-9000-6907 Transfer to Capital Outlay Fund - 150,000 31-0000-4901 Transfers In - 467,412 PROPOSED BUDGET 317,412 20,000 20,000 317,412 190,000 150,000 467,412 TOTAL 40,000 1,442,236 . 1,482,236 JUSTIFICATION Funds from the P66 pipeline easement sale are received in the GF and transferred out to the Capital Outlay Fund for future capital projects; in addition, funds were allocated in the wrong line -item in the Parks budget so this is resolved. In the Parks Special Fund, funds are allocated for the Pool Fence ($70K), the Pool re -surfacing ($80K), and UV system ($40K). Funds that were allocated in the FY 2014-2015 budget that were unspent (splash park) will be transferred out In the Capital Outlay Fund, funds are transferred in from the pipeline easement sale and unspent Parks funds. Dept Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page Of RESOLUTION 2016-01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 7, 2016; 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 7, 2016 there shall be elected the following officials for this City: One (1) Mayor One (1) Council member, Ward II One (1) Council member, Ward IV WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a resolution should be passed establishing the procedure to be followed in said election, and designating the voting place for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That all independent candidates at the election to be held on the first Saturday in May, 2016, for the above mentioned offices file their application to have their name placed on the ballot with the City Clerk at City Hall, 207 N. 12th Street, Nederland, Texas, not later than the sixty- second (62nd) days before the election or earlier than the 30th 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 January 20, 2016, with the last day for filing to be February 19, 2016 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, 207 N. 12th Street, Nederland, Texas. The City Clerk is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. Linda Sherman will serve as Presiding Judge and Ron Sherman will serve as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed seven (7). 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. Gay Ferguson is hereby appointed Clerk for Early Voting. The Early Voting for the above designated election shall be at the Nederland City Office Building, 207 N. 12th Street, 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 (4th) day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said Early Voting. 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, April 26, 2016 and Tuesday, May 3, 2016. The above described place for Early Voting is also the Early Voting Clerk's address to which ballot applications and ballots voted by mail may be sent. The Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. Linda Sherman 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. Gay Ferguson is hereby appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section 127.005 of the Election Code. Said election shall be held in accordance with the Election Code of the State, and only resident qualified voters of said City shall be eligible to vote at said election. 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 Yotronic Voting System (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 (Direct Recording Electronic) 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 25th day of January, 2016. c .:3� Talmadge Austin, Ward I Councilmember 4", V -J -J)— on Albanese, Ward III Councilmember ATTEST: ay rgus i I � k � City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess4ranic Ci Attorney Citynd, Texas R. A. Nugen , Ma City of Nederlan exas Billy Neil, Ward II CoLkilmember i�a44�7 CAgBelel'reeard IV Councilmember