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February 8, 2016REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 8, 2016 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. The following statement was read by Mayor Nugent: "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY." 2. INVOCATION AND PLEDGE OF ALLEGIANCE, The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve the Consent Agenda Items a -e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — January 25, 2016 regular meeting b. December 2015 Department Reports c. Consider Action declaring surplus wood materials located at the Service Center. d. Street Closure Requests: • Consider action authorizing the closure of various City streets for the Spindletop Streetrods & Hotrods Association Car Show. • Consider action authorizing the closure of various City streets for the Nederland Heritage Festival activities. e. Consider action approving payment to TraC-n-trol, Inc. in the amount of $195,076.09 for the SCADA Improvements 2015 project. 4. REGULAR AGENDA a. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to approve final payment to Bruce's General Construction for the Sundeck Replacement project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, February 8, 2016 b. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve final payment and release of retainage to Kraftsman, L.P. for the Nederland Veterans' Park project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the solicitation of bids for Water Inventory Items. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. Grants: i. A motion was made by Councilmember Neal and seconded by Councilmember Austin to authorize the acceptance of a 2016 grant award from the Wilton and Effie Mae Hebert Foundation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the submittal of a 2015 Assistance to Firefighters Grant application. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve Resolution No. 2016-02, authorizing the submittal of a State Homeland Security Program grant application and recommending additional planning funds from the 2015 L.E.T.P.A. grant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve an Interlocal Agreement between the City of Nederland and the Nederland Independent School District in regards to the 2016 election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve an Interlocal Agreement between the City of Nederland, Nederland Economic Development Corporation, and Jefferson County regarding the funding of infrastructure improvements at the Jack Brooks Airport development ("the Landings"). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve Change Order No. 1 and 2 for the Bob Henson Building Repairs/Improvement project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, February 8, 2016 5. EXECUTIVE SESSION The regular meeting was recessed at 4:58 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney; and Chapter 551.087, Deliberation Regarding Economic Development Negotiations. 6. RECONVENE The regular meeting was reconvened at 5:39 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Hooked on Fishing, Not on Drugs - Saturday, Feb. 20th b. City offices closed on Monday, Feb. 15th - President's Day c. City of Nederland Relay for Life Team d. Miscellaneous 8. ADJOURN There being no further business a motion was made by Councilmember Austin and seconded by Councilmember Neal to adjourn the meeting at 5:48 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugent, M&or City of Nederland, Texas ATTEST: ay Fergu n, City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESET ABSENT R. A. Nugent Mayor Talmadge Austin Council Member -Ward I Billy Neal Council Member- Ward 11 V Don Albanese Council Member- Ward III V/ Craig Belaire Council Member -Ward IV V Chris Duque City Manager Gay Ferguson City Clerk V Jesse Branick City Attorney V Cheryl Dowden Director of Finance V .6afre+BtMh(-, r C Police Chief Gary Collins Fire Chief V Steve Hamilton Director of Public Works V George Wheeler Building Official V, Victoria Klehn Librarian Y' , Holly Guidry Human Resources Director V Joni Underwood Executive Secretary Angela Fanette Parks Director Y R. A. Nugent, City Clerk February 8, 2016 Date THE STATE OF TEXAS § COUNTY OF JEFFERSON § INTERLOCAL AGREEMENT FOR CONSTRUCTION OF AIRPORT DEVELOPIMENT INFRASTRUCTURE IIMPROVEMENTS WHEREAS, on or about 2010, the City of Nederland (herein the "City"), with the consent of Jefferson County (herein the "County") and other entities, annexed property within the grounds of the Jack Brooks Regional Airport (herein the "Airport") managed and controlled by the County; and WHEREAS, the Parties to this Agreement, which consist of the City, the Nederland Economic Development Corporation (hereinafter called "NEDC") and the County, agree that it would be advantageous to all Parties to provide opportunities for the commercial development of certain portions of the City annexed portion of the Airport propem, (herein the "Property") ; and WHEREAS, the NEDC, tasked with assisting the economic development of the City, has agreed to provide certain finding opportunities to the County to expedite the completion of certain infrastructure improvements necessarily associated with the commercial development of the Property; and WHEREAS, the governing bodies of each party find that the subject of this agreement is necessary for the benefit of the public, and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this agreement; and WHEREAS, the governing bodies of each party find that the performance of this agreement is in the common interest of all parties. NOW THEREFORE, BE IT RESOLVED that the parties, pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act) each acting through their respective governing bodies, hereby enter into this Interlocal Agreement (herein the "Agreement"). I. RECITALS All the recitals and preambles hereinabove stated are found to be true and correct and are incorporated herein and made a part of this agreement. II. PURPOSE The purpose of this agreement is to provide finding opportunities (herein the "NEDC Funding") for construction by the NEDC of certain infrastructure improvements to the Property necessary to allow for the commercial development of that portion of the Airport Property immediately adjacent to the Hic, sway 69 frontage road (herein the "Project'), and to allow for repayment of the NEDC Funding from income sources, not yet available to the County, but Which income sources will be made available and/or 1 created from completion of the Project. The Property and the location of the Project are as detailed in Exhibit "A" attached hereto. III. Scope of Agreement (a) The Parties have been advised that until such time as certain infrastructure improvements (herein the "infrastructure") to the Property have been completed, including (i) drainage improvements, (ii) potable water access improvements and (iii) sewer access improvements, the commercial development of the Property will be significantly delayed, if not precluded. The Parties have received estimates that the cost of completion of said Infrastructure and related improvements are estimated to be in the range of $1,000,000.00 to a high of $2,000,000.00. Developers (herein the "Developer"), originally retained by the County and the Airport, have advised that until commitments for the construction of such Infrastructure are completed, binding and enforceable tenant commitments (herein the "Tenant Commitments") cannot be finalized. (b) The NEDC has agreed to provide funding (the "NEDC Funding"), in an amount NOT TO EXCEED 52,000,000.00, for completion of construction of the Infrastructure, with the actual tender of said NEDC Funding being expressly subject to disclosure and production to the Parties, including the County, the NEDC and the City, of binding and enforceable Tenant Commitments for development and occupation of the Property, with said Tenant Commitments (whether produced by developers or otherwise) being in numbers. form and content (to include information as to total proposed tenant build out improvements and verification of finding) acceptable to the NEDC and the other Parties, in their sole discretion. In the event of receipt and verification of Tenant Commitments acceptable to the NEDC and the other Parties, (i) the NEDC will continence construction of the Infrastructure improvement as soon as reasonably practicable and the City and County Engineering Departments shall retain oversight authority and specifications approval to assure all City and County standards are met, and (ii) the NEDC will, at the option of the County and/or the Airport, either reimburse the County/Airport the actual costs incurred in completion of the Infrastructure improvements detailed herein or will pay same directly on behalf of the County/Airport, subject to the maximum limitation detailed herein. Payment/reimbursement by the NEDC will be subject only to (i) reasonable verification that the expense being paid and/or reimbursed is related to the actual construction of the subject Infrastructure improvements detailed herein and (ii) to the extent any such improvements are to be maintained by the City, confirmation by the City that the Infrastructure improvements are constructed in compliance with City requirements otherwise applicable to similarly constructed improvements. (c) The County agrees to reimburse to the NEDC the NEDC Funding actually and finally advanced pursuant to this Agreement, with the repayment/reimbursement by the County being tendered through all net collections actually received by the County from the development of the Property, including particularly (i) all ground lease payments received by the County related to the Property, (ii) not less than fifty (50.0%) of all ad valorem tax payments received by the County on all real property leasehold improvements constructed on the Property and (iii) not less than fifty (50.0%) percent of all business personal property and inventory ad valorem tax payments received by the County from businesses and/or entities (herein the "Tenants") occupying any leasehold improvements constructed on the Property. Payments by the County to the NEDC of said finds shall be tendered within thirty (30) 2 days of actual receipt of said fiends by the County. Alternatively, the County, at its sole option, may authorize direct payment to tite NEDC by the Developer and/or the Tenants, of the finds detailed hereinabove, with said direct payments to continue, at the option of the County, until the net aggregate NEDC Funding actually paid by the NEDC has been repaid in frill. IV. TERM OF AGREEMENT The Effective Date of this Agreement shall be JAN. :25- , 2016. This Agreement will be in effect for one year from the Effective Date hereof and will be considered automatically renewed for each succeeding year until the NEDC Funding contemplated herein has been repaid in full, as contemplated herein. by the County, whether through sources contemplated herein or from other sources. V. AMENDMENTS Amendments may be made to this Agreement upon the approval of the governing bodies of the City, the County and the NEDC. VI. WITHDRAWING FROM OR JOINING AGREEMENT A party may withdraw from this Agreement, following a vote of its governing body, provided it has notified the other parties hereto of such action in writing at least 60 days before the intended withdrawal date. Withdrawal shall not relieve the withdrawing party of any obligations incurred prior to the withdrawal. This Agreement may be dissolved at any time by the written consent of a majority of the parties, in the event of the dissolution of the Agreement, whether voluntary or involuntary or by operation of law. Notwithstanding the foregoing, in the event of said termination, to the extent all or any portion of the NEDC Funding contemplated by this Agreement has been completed prior to the date of termination, the repayment obligation of the County shall survive such termination and shall remain enforceable, in all respects, until such repayment has been completed or until such repayment obligation has been waived, in whole or in part, by the NEDC and approved by the City. VIII. CURRENT REVENUES Each party shall pay for the performances of services and/or funding required pursuant to this aareement from then current revenues. Il. DISCRIMINATION 3 No one, on the grounds of race, creed, color, national origin, disability, age, or gender, shall be subject to discrimination in the performance of this Agreement. X. FORCE MAJEURE Neither Party shall be deemed in violation of this Agreement if it cannot perform any of the obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, act of God, acts of the public enemy, acts of superior governmental authority, riots, rebellion, sabotage, or other circumstances for which it is not responsible or which is not within its control. Texas. XI. MISCELLANEOUS PROVISIONS (a) Venue: Venue for any lawsuit involving this agreement shall be in Jefferson Collnty, (b) Choice of Law: This Agreement is governed by the laws of the State of Texas (c) Entire Agreement: This Agreement constitutes the entire agreement between the NEDC, the City and the County, and all negotiations and all understandings between the Parties are merged herein. The terms and conditions of this agreement specifically replace and supersede any prior discussions, terms, documents, correspondence, conversations, or other written or oral understanding not contained herein or specifically adopted by reference. v (d) Exhibits: All exhibits, if any, are attached and are incorporated into the agreement. (e) Partial Invalidity: If any term, provision, covenant, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in frill force and effect and shall in no way be affected, impaired, or invalidated. (f) Survival: Any provisions which by their terms survive the termination of this agreement shall bind its legal representatives, heirs, and assigns as set forth herein. (g) Assignment: The Parties shall not assign, transfer, or encumber any right or interest in this agreement, in whole or in part, without prior written approval of the other Party. (h) Benefits: This agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their heirs, legal representative, executors, administrators, successors, and assigns. (i) Amendments: This agreement can be supplemented and/or amended only by a dated written document executed by both parties. 4 (j) Gender: Words or any gender used in this agreement shall be held and constructed to include any other gender and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. (k) Multiple Copies: This agreement may be executed in multiple counterparts each of Which constitutes an original. (1) Article and Section Headings: The Article and Section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this agreement. (m) Misspelled Words: Misspelling of one or more words in this agreement shall not void this agreement. Such misspelled words shall be read so as to have the meaning apparently intended by the parties. This agreement shall take effect upon execution by all signatories hereinbelow. JeffersoTCoun By Titleb`'LwC. Date City of N derland Qy ' Title �A Clgnd Date �t q"tq Nederland Economic Development Corporation . I 1 By- Title 3y_Title Date INTERLOCAL GOVERNMENT AGREEMENT This agreement is made this day of , 2016, by and between the City of Nederland ("the City"), and Nederland Independent School District ("NISD"). WHEREAS, the City of Nederland, and Nederland ISD will conduct their general election on May 7 2016; and, WHEREAS, Section 11.0581 of the Education Code requires that an election for trustees of an independent school district that is held on the same date as an election for the members of the governing body of a municipality located in the school district shall be held as a joint election under Chapter 271, Election Code; and, WHEREAS, the City, and NISD will hold elections on the same day; and, WHEREAS, the parties to this agreement will comply with the Education Code, Section 11.0581, by conducting a joint election and insure that the election be held that is cost effective and convenient for the voters of the entities; NOW, THEREFORE, IT IS AGREED that a joint election will be held by the City, and NISD under the following terms and conditions, and the parties hereto agree with said conditions: That there shall be a ballot(s) that contain all appropriate races and propositions available for qualified voters of the three entities. 2. That there shall be one set of voting equipment to be used at the common polling place. 3. That election forms to be used and records to be maintained be combined in a manner convenient and adequate to record and report the results of the election for the City, and NISD. 4. That the joint tabulation of the precinct results shall be in a manner to facilitate the independent canvass of returns by the two entities. 5. That each entity shall be responsible for the preparation, publication and Spanish translation of its own Notice of Election, Order of Election, and ballots. 6. That the implementation, conduct and management of said election shall be by the City Clerk, City of Nederland. The City Clerk is hereby designated as the Chief Election Official and Early Voting Clerk for the three entities for the election to be held on May 7, 2016. The implementation, conduct and management of the election shall include, but not be limited to: a. The securing of qualified individuals to serve as election judges for the polling place. Each entity's election order shall designate the joint election judges. b. Providing Nederland City Hall, 207 N. 12th Street, as the polling location. C. The securing of the election materials and supplies requisite to the proper administration of the elections, and the programming and preparation of DRE voting equipment to be used in the election. d. The City Clerk will be responsible for the conduct of joint early voting by personal appearance and by mail, with the Nederland City Hall serving as the location for early voting by personal appearance. 7. The amount to be paid by NISD to the City for services rendered by the City of Nederland in the May 7, 2016, election is: a. City of Nederland will first fund all costs in full, other than the publication of each entity's Notice of Election. b. NISD will reimburse the City of Nederland within 30 days after Election Day for certain costs as follows: One-half (1/2) of the cost of early voting. One-half (1/2) of the cost of publication of all jointly required notices. One-half (1/2) of the costs of programming, rental of DRE voting equipment, election supplies, election worker training session, Presiding Judge, Alternate Presiding Judge, and Election Day Clerks, Early Voting Ballot Board, Central Counting Station, and any other required election services or materials. C. In the event that one entity is allowed to cancel their election the election will be solely funded by the remaining entities. 8. Each entity shall be responsible for any necessary submissions to the U.S. Department of Justice for preclearance under the Federal Voting Rights Act. 9. The financial obligations of the parties under this agreement are payable from current revenues of the respective parties that have been budgeted and appropriated for the purpose set forth herein. 10. That the undersigned are the duly authorized representatives of the parties' governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. PASSED AND APPROVED by the City Council of the City of Nederland on this the 8t' day of February , 2016. 'Pvo� R. A. Nugent, yor v City of Nede nd, Texas ATTEST: ay erg on, City CrerQ City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess®rani 'y Attorney Cityd, Texas PASSED AND APPROVED by the Board of Trustees of the Nederland Independent School District on this 15 day of February , 2016 Nederland Independent School District RESOLUTION NO. 2016-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMITTAL OF A STATE HOMELAND SECURITY PROGRAM GRANT APPLICATION AND RECOMMENDING ADDITIONAL PLANNING FUNDS FROM THE 2016 LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES GRANT TO THE CITY OF NEDERLAND, TEXAS FOR PLANNING ACTIVITIES. WHEREAS, the South East Texas Regional Planning Commission Emergency Management Planning Advisory Committee (EMPAC) historically has determined this project to be a high priority activity in the region; and WHEREAS, the EMPAC sees the value in setting aside additional planning grant funds to fund the City of Nederland, Texas staff activities that support local jurisdictions in the region; and WHEREAS, the EMPAC approved the additional planning grant funds for the City of Nederland staff for the sole purpose of regional planning performed on behalf of local jurisdictions; WHEREAS, the Nederland City Council deems it necessary to apply for SHSP/LETPA grant funds for the Nederland Police Department Emergency Interoperable Communications Sustainability project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. The Nederland Police Department is authorized to submit a State Homeland Security Program grant application in the amount of $17,547 and is authorized to allocate additional L.E.T.P.A. grant funds in the amount of $5,304.83. Section 2. These funds will be allocated for the Nederland Police Department Emergency Interoperable Communications Sustainability project. Section 3. The City of Nederland agrees to allocate necessary matching funds and in the event of loss or misuse of grant funds, shall return all grant funds to HSGD. Section 4. The City Manager is authorized to apply for, accept, reject, alter or terminate this grant. PASSED AND APPROVED by the City Council of the City of Nederland this the 8u, day of February, 2016. ((,, R'A * A. Nugent, Mayor City of Nederland, Texas ATTEST: l_ Gay Fer uson, City derk APPROVED AS TO FORM AND LEGALITY: Jes Br i ,City Attorney