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February 22, 2016REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1. MEETING February 22, 2016 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 Chris Duque, City Manager. 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 Austin and seconded by Mayor Pro Tem Albanese 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 —February 8, 2016 regular meeting b. January 2016 Department Reports c. Tax Assessor Collector Report - January 2016 d. Requests: • Consider a request from Randy Rich to utilize the Nederland Recreation Center for a spring futsal league. • Consider a request from Brian English to utilize the Nederland Recreation Center for a spring basketball league. • Consider a request from Jorge Lopez to utilize the Doornbos Park tennis courts for a high school tournament. e. Payment: • Carroll & Blackman, Inc. - $756.67, Phase II MS4 Permit Implementation Services • Gulf States Protective Coating, Inc. - $23,180.00, South 5th Street Water Tower Rehabilitation project • Basco Construction, Inc. - $67,574.16, Bob Henson Building Repairs/Improvements project • LD Construction- $322,024.26, 2015 Asphalt Street Rehabilitation project Minutes Continued, February 22, 2016 4. REGULAR AGENDA a. A motion was made by Cound|mamber Neal and seconded by Mayor Pro Tam Albanese to approve the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber ofCommerce. MOTION CARRIED. Ayes: Mayor Nugent, Counci|n)ennbersAustin, Neal, Albanese, and Be|a|ne. Noes: None. b. A motion was made by Coumj|memberAustin and seconded by Counci|mamber Neal to approve the Quarterly Investment Report from the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Counci|nnemnbersAustin, Neal, Albanese, and Be|aine. Noes: None' c. A motion was made by Counci|member Neal and seconded by Mayor Pro Tern Albanese to approve the Racial Profiling Report from the Nederland Police Department as required by Article 2.132(b)/7\ of the Tawas Code of Criminal Procedure. MOTION CARRIED. Ayes: Mayor Nugent, Counci|rnannbersAustin, Neal, Albanese, and 8e|a|re. Noes: None. d. Candace Hebert and /A|iaBuhler made apresentation oncommunity projects toba undertaken by the Nederland Interact Club. The newly formed high school dub will be partnering with a couple of other high school clubs to provide Little Libraries to the community. The philosophy is "Take a Book, Leave A Book." This project is to encourage reading to everyone and promote literacy. Another project they are involved with is a food drive for students who do not have food at home to eat over the weekends. Unmarked backpacks will be filled with food and students in need confidentially can check the backpacks out through the counselor's office. e. A motion was made by Coumj|memberAustin and seconded by Mayor Pro Tern Albanese to authorize the installation of street light near/at 604 N. 14m Street. MOTION CARRIED. Ayes: Mayor Nugent, Counci|rnernbersAustin, Neal, Albanese, and Ba|aire. Noes: None. f. A motion was made by Mayor Pro Tern Albanese and seconded bvCound|member Neel to approve an Interlocal Agreement between the City of Nederland and Jefferson County for street maintenance. MOTION CARRIED. Ayes: Mayor Nugent, Counci|rnernbensAustin, Neal, Albanese, and Be|aire. Noes: None. g. Chris Duque, City Manager, summarized the January 11m council meeting discussion onthe 2O15Streets Program. The Council provided direction regarding the BCJMAG/Chip Seal program, but there were questions regarding the Hot Mix Overlay component, specifically whether or not to undertake Homes Road as a project. Staff agreed tohave T&Ntest the condition o[the road. The tests were completed and confirmed staff's concerns that the road would require a total rebuild of significant portions of the road, with cost estimated from $500,000 to $835,000. The estimated amount would consume nearly all ofthe funds allocated for this portion of the program. Mr. Duque suggesting postponing Homes Road until the next fiscal year and recommended adding 13th Street from Chicago to Helena, S. 14'»from Nederland Avenue to Avenue H, N. 14mfrom Chicago to Minutes Continued, February 22, 2016 Helena, 17 1h Street from Helena to Canal orNederland Avenue from Highway 69 to McDonald's. Noaction ianecessary. h. A nnoUun was made by Cound)rnernber Neal and seconded by Mayor Pro Tern Albanese to approve Resolution No. 2016-03, authorizing the submittal of an interoperable and data sharing project grant application to the U.S. Department of Justice - Edward Byrne Memorial Justice Assistance Grant program. MOTION CARRIED. Ayes: Mayor Nugent, Counci|rnernbersAustin, Neal, Albanese, and Be|aine. Noes: None. i. A motion was made by Cound|rnernberAustin and seconded by [ounci|mnernber Neal to approve Ordinance No. 2016-10, revising Chapter 84 - Signs of the City Code of Ordinances subject to final legal review and approval; by providing regulations for the operation of billboard signs. MOTION CARRIED. Ayes: Mayor Nugent, Cound|nnernbensAustin, Neal, Albanese, and Ba|aine. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:13 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Discuss Personnel - City Judge. 6. RECONVENE The regular meeting was reconvened at 5:27 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is 7. COMMUNICATION City Manager's Report: a. Construction Project Update: * South 5 1h Street Water Tower - A special council meeting will be needed to consider change orderNo1 regarding environmental issues discovered on this project. Lead paint was identified in the primer paint on the outside of the water tower. * ServiceCenter-vviU be requesting authorization to bid soon. 0 Bob Henson Building -work|sprognassingweU. 0 GU3 Sewedine project - Contractorsare in the cleaning process and project is near completion. m Street Park will be temporarily closed due to work on South 5th Street Water Tower. c. Miscellaneous - the Recreation Center will be dosed Thursday, Feb. 35th through Tuesday, Manch 1st due Lothe gym floors being resurfaced. Minutes Continued, February 22, 2016 S. AD30URN There being no further business motion was made by Mayor Pro Tem Albanese and seconded by Counci|mernberAusUn to adjourn the meeting at 5:36 p.m. MOTION CARRIED~ Ayes: Mayor Nugent, Cound|nnennbersAustin, Neal, Albanese, and Be|aire. Noes: None. R. A. Nugent, Aaye City of Nederland exas G Vvy 'Re r g u City of Nederland, Texas NAME R. A. Nugent Talmadge Austin Billy Neal Don Albanese Craig Belaire Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Holly Guidry Joni Underwood Angela Fanette A. Nugent, February 22, 2016 Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE { Mayor Council Member -Ward I Council Member- Ward 11 Council Member- Ward III `Council Member- Ward IV City Manager City Clerk City Attorney Director of Finance Police Chief Fire Chief Director of Public Works Building Official Librarian Human Resources Director Executive Secretary Parks Director PRESENT Vle V V 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 $1,772,852.91, represents all taxes collected for CITY OF NEDERLAND during the month of January 2016. 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 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2015 Investments at Beginning of Period (10-1-15) Purchases Maturities Investments at End of Period (12-31-15) A Maturity Summary at December 31, 2015 $ 6,035,118.14 1,995.16 0.00 $ 6,037,113.30 ■ Less than 3 months 03 to 9 months a 9 to 12 months ■Greater than 12 months 1 a Of City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2015 Fund Allocation at December 31, 2015 Solid Waste Fund Police 8.46% Narcotics Fund 0.78%— Bond Redemption Fund 1.31% Water &_ Sewer Fund 16.69% General Fund 72.22% Library Fund 0.54% Balance Balance 10/01/2415 Purchases Maturities 12/31/2415 General Fund $ 4,358,815.50 $ 1,443.39 $ 4,360,258.89 Library Fund 32,339.36 7.43 32,346.79 Water & Sewer Fund 1,007,102.24 333.51 1,007,435.75 Solid Waste Fund 510,275.25 168.98 510,444.23 Police Narcotics Fund 47,340.11 15.63 47,355.74 Bond Redemption Fund 79,245.68 26.22 79,271.90 $ 6,035,118.14 $ 1,995.16 $ - $ 6,037,113.30 Fund Allocation at December 31, 2015 Solid Waste Fund Police 8.46% Narcotics Fund 0.78%— Bond Redemption Fund 1.31% Water &_ Sewer Fund 16.69% General Fund 72.22% Library Fund 0.54% Investment Report Schedule Investments for the Quarter ended December 31, 2015 CERTIFICATES OF DEPOSIT Interest Earned for Certificate Purchase Maturity Days to Interest Quarter ended Number Date Date be held Rate Face Amount December 31, 2015 Held at December 31, 2015 Library Special Fund 5713564135 01/0412015 0110412016 365 0.05% $ 10,000.00 $ 1.25 Total Interest Earned on CDs for the quarter ended December 31, 2015 $ 1.25 Total Certificates of Deposit held at December 31, 2015 $ 10,000.00 Investment Report Schedule Investments for the Quarter ended December 31, 2015 INVESTMENT POOL - TEXPOOL Period Held General Fund 10/01/15 12/31/15 Water & Sewer 10101115 12131/15 Bond Redemption Fund 10101/15 12/31/15 Library Special 10101115 12/31/15 Solid Waste Fund 10101/15 12/31/15 Police Narcotic Fund 10101115 12/31/15 Average Days to Interest Market Interest Maturity Rate Principal Earned Book Value 1 0.1311% $ 4,358,815.50 1,443.39 $ 4,360,258.89 1 0.1311% 1,007,102.24 333.51 1,007,435.75 1 0.1311% 79,245.68 26.22 79,271.90 1 0.1311% 22,339.36 7.43 22,346.79 1 0.1311% 510,275.25 168.98 510,444.23 1 0.1311% 47,340.11 15.63 47,355.74 Totals for TEXPOOL Investments $ 6,025,118.14 $ 1,995.16 $ 6,027,113.30 Investment Report Schedule Investments for the Quarter ended December 31, 2015 INTEREST EARNED ON DEMAND DEPOSITS $ 4,358.43 Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate December 31, 2015 Bond Redemption Fund 10/01/15 12/31/15 1 0.0888% $ 31.04 Capital Outlay Fund 10/01/15 12/31/15 1 0.0888% 316.04 Court Technology Fund 10101/15 12/31/15 1 0.0888% 1.52 Equipment Replacement Funds 10101/15 12/31/15 1 0.0888% 420.04 Fire Department Special Fund 10101115 12131/15 1 0..0888% 34.87 General Fund 10101115 12/31/15 1 0.0888% 1,181.97 Library Special Fund 10101/15 12/31/15 1 0.0888% 10.00 MCML Dispatch 10101115 12/31/15 1 0.0888% 94.09 Motel Occupancy Tax Fund 10101/15 12/31/15 1 0.0888% 6.68 Parks & Recreation Special Fund 10/01/15 12/31/15 1 0.0888% 150.63 Police Narcotic Fund 10/01/15 12/31/15 1 0.0888% 24.08 Public Safety Construction Fund 10/01/15 12/31/15 1 0.0888% 54.14 Solid Waste Fund 10/01/15 12/31/15 1 0.0888% 376.53 Street Improvement Fund 10/01/15 12/31/15 1 0.0888% 685.47 SSES Fund 10/01/15 12/31/15 1 0.0888% 71.11 Water Plant Construction Fund 10/01115 12/31/15 1 0.0888% 167.88 Wastewater Construction Fund 10101/15 12131/15 1 0.0888% 61.64 W & S Certificate Fund 10101115 12/31/15 1 0.0888% 32.82 Water & Sewer Fund 10/01115 12/31/15 1 0.0888% 637.88 $ 4,358.43 Investment Report Schedule December 31, 2015 Interest Earnings for Quarter Ended December 31, 2015 Bond Redemption Fund $ 57.26 Capital Outlay Fund 316.04 Court Technology Fund 1.52 Equipment Replacement Funds 420.04 Fire Department Special Fund 34.87 General Fund 2,625.36 Library Special Fund 18.68 MCML Dispatch 94.09 Motel Occupancy Tax Fund 6.68 Parks & Recreation Special Fund 150.63 Police Narcotic Account 39.71 Public Safety Construction Fund 54.14 Solid Waste Fund 545.51 Street Improvement Fund 685.47 SSES Fund 71.11 Water Plant Construction Fund 167.88 Wastewater Construction Fund 61.64 W & S Certificate Fund 32.82 Water & Sewer Fund 971.39 $ 6,354.84 Nederland Police Department Report toNederland City Council February 22, 2016 The following information summarizes the activity of the Nederland Police Department as it relates to the requirements of Articles 2.131 — 2.138 of the Texas Code of Criminal Procedure. The Nederland Police Department collects data concerning traffic citations and arrests due to both traffic and pedestrian stops. This report fulfills the statutory requirements of the Nederland Police Department to report contacts and racial/ethnic breakdowns to the Nederland City Council byMarch 1,2O1G. | NUMBER OF MOTOR VEHICLE/PEDESTRIAN STOPS Citations Only 1943 Arrest Only 12 |Citations and Arrest 19 TOTAL 1974 RACE OR ETHNICITY African American 219 |Asian 28 �Caucasian 1528 Hispanic |170 � Middle Eastern | 22 Native American 7 TOTAL 1974 | RACE OR ETHNICITY KNOWN PRIOR TO STOP | Yes 67 � No 1907 |TOTAL 1974 | SEARCH CONDUCTED? � Yes 117 i No 1857 TOTAL 1974 | SEARCH CONSENTED: | Yes 40 �No 77 TOTAL 117 The Nederland Police Department has adopted detailed written policy on racial profiling. Our policy: (1)clearly defines acts constituting racial profiling; (2) strictly prohibits peace officers employed by the Nederland Police Department from engaging in racial profiling; (3) implements a process by with an individual believes that a peace officer employed by the Nederland Police Department has engaged in racial profiling with respect to the individual; (4) provides public education relating to the agency's complaint process; (5)requires appropriate corrective action to be taken against a peace officer employed bythe Nederland Police Department who, after an investigation, is shown to have engaged in racial profiling in violation of the Nederland Police Department's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relations to (A) the race or ethnicity of the individual detained; (B) whether a search was conducted,and if so, whether the individual detailed consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit and annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county of municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision ofthe state. I certify these policies are in effect. Chief Administrator STATE OF TEXAS )( )( INTERLOCAL AGREEMENT COUNTY OF JEFFERSON )( WHEREAS, Jefferson County, Texas, by and through its Commissioners' Court as authorized by Chapter 791 of the Government Code and the City of Nederland, a body politic of the State of Texas, for the mutual benefit of the citizens they serve, desire to enter into a contract to provide certain services to each other, and; WHEREAS, Jefferson County, Texas through Commissioner Precinct Two has, from time to time, capacity to provide labor and equipment suitable for the repair of roadways, and; WHEREAS, the City of Nederland, has, from time to time, the need to maintain and repair streets and roadways which it owns, and; WHEREAS, the city of Nederland requires assistance and does not have the sufficient labor or equipment suited for such construction and/or maintenance, and; Now, therefore, know all men by the these presents: City of Nederland and Jefferson County hereby agree as follows: 1. Jefferson County shall furnish labor, equipment and material to repair certain streets, listed on Exhibit A incorporated herein when and as determined at the discretion of the Commissioner for Jefferson County Precinct Two, subject to the requirements of Section 791.014 of the Government Code. 2. The City of Nederland shall furnish Precinct Two, with materials needed in exchange for the labor and equipment. The City of Nederland will provide 200 tons of cover stone rock to the County. 3. Consideration for the repairs herein contemplated shall be determined and mutually agreed from time to time depending on the scope of the repair needed. 4. This agreement shall be effective on the date of its execution and may be terminated at the will of either party. 5. This agreement shall be construed according to the laws of the State of Texas. 6. Nothing in this agreement shall be construed to create the existence of an agency relationship between the parties. 7. Any employee of a party performing services pursuant to this agreement shall not be deemed to be the agent of the party receiving services under this agreement. 8. The parties further agree, pursuant to Sec. 791.015, Texas Government Code, that any dispute regarding the terms of this agreement will be submitted to an agreed upon mediator for resolution. Executed on the day of 12016. G � Jeff R. Branick R.A. " ISick" N ent Jefferson County Judge Mayor, City of Nederland January 13, 2016 R.A. "Dick" Nugent, Mayor Don Albanese, Mayor Pro Tem Talmadge Austin, Councilmember Billy Neal, Councilmember ® Craig 1. Belaire, Councilmember r of Nederland Christopher Duque, City Manager P.O. Box 967 • Nederland, Texas 77627 • (409) 723-1503 • FAX (409) 723-1550 Brent Weaver Jefferson County Commission, Pct. 2 Road & Bridge Precinct 2 7759 Viterbo Road Beaumont, Texas 77705 Re: 2016 STREET PROJECTS Dear Commissioner Weaver: The City of Nederland appreciates the opportunity to solicit assistance from Precinct 2 with the City's 2016 Street Program. The City requests your assistance with the following streets: BOMAG AND CHIP SEAL WIDTH LENGTH 11st- Atlanta to Chicago 20 700 12nd- Nederland Ave to Gage 20 1,300 7th- Boston Ave to Dead End 20 550 Luling- Twin City Hwy to 15th 20 1,800 Franklin- 15th to 16th 20 450 Gary- 19th to 21st 20 500 20th- Helena to Canal 20 2,650 South 12th- Ave H to Ave N 20 2,200 Ave N- South 12 to South 16th 20 1,450 South 20th- Ave D to Ave B 20 650 Ave D- South 20st to South 21st 20 330 lAve D- Hardy to South 35th 20 825 IAve D- South 35th to South 37th 20 850 South 35th- Ave F to Nederland Ave 20 1,950 South 37th- Ave H to Nederland Ave 20 2,625 11st- Viterbo to Green 20 800 11st- Atlanta to Chicago 20 700 Total Lf 19,630 1 City resources are prepared to assist with the Precinct's efforts. If you have any questions or concerns, please contact me at my Office at (409) 723-1503 or via email at cduque@ci.nederland.tx.us. Thank you. Sincerely, Christopher Duque, City Manager `Programmed for Progress" RESOLUTION NO. 2016-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF AN INTEROPERABLE AND DATA SHARING PROJECT GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE - EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE DEPARTMENT OF JUSTICE — EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM. WHEREAS, the City of Nederland finds it in the best interest of the citizens of Nederland that the Nederland Police Department Interoperable and Data Sharing Project be operated for the 2016; and WHEREAS, the City of Nederland agrees to provide applicable matching funds for the said project as required by the Department ofJustice — Edward Byrne Memorial Justice Assistance Grant Program; and WHEREAS, the City of Nederland agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Nederland assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of Nederland designates the City Manager, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The City Council of the City of Nederland authorizes the submission of the grant application for the Nederland Police Department Interoperable Data Sharing Project to the Office of the Governor, Criminal Justice Division and designates the City Manager as the grant's authorized official. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 22nd day of February, 2016. R. A. Nugent, M r City of Nederlan , exas ATTEST: ay Fei -son, Cit erk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess Branic , ityAttorney City f Ne rland, Texas ORDINANCE NO. 2016-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS REVISING CHAPTER 84 (SIGNS), OF THE CITY CODE OF ORDINANCES; PROVIDING REGULATIONS FOR THE OPERATION OF BILLBOARD SIGNS; PROVIDING FOR REPEAL OF ALL ORDINANCES AND POLICIES IN CONFLICT OR PARTS OF ORDINANCES AND POLICIES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Nederland City Council seeks to improve, preserve and enhance the scenic and natural beauty of property within the city limits by regulating and controlling outdoor advertising billboards. The Nederland City Council finds that such regulation and control is in the public interest and in the furtherance of the health, safety, and general welfare; and WHEREAS, the City Council deems it necessary and in the public interest of the City to amend Chapter 84 (Signs) of the Code of Ordinances, as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. Chapter 84 (Signs) of the Code of Ordinances of the City of Nederland is amended with the additions of Section 41-62 as revised in Exhibit "A." Section 2. All ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance, are hereby repealed, to the extent of conflict only. Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances should for any person be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. Section 4. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section S. This ordinance shall become effective from and after its passage and publication as provide by law. PASSED AND APPROVED by the City Council of the City of Nederland this the 22ND day of February, 2016. R. X.Aug At, or City of Nederland, Texas ATTEST: L�21t;,%EQ7146� day lzerglbibn, City Werk APPROVED AS TO FORM AND LEGALITY: Jes4Bra i eCity �Attorney EXHIBIT "A" Chapter 84 - SIGNS ARTICLE III. — BILLBOARDS Sec. 84.42 — 84.61. Reserved. Sec. 84-62. Off -Premise Signs (Billboards) (a) Applicability. This section applies to any new or existing billboards that advertise a business, product, services, person, activity, organization, event, place or object not located on the premises where the billboard is installed and maintained or directs attention to any location not on said premises. (b) Permitting. 1. Permits are required for all new billboards, repair, changes and upgrades to billboards 2. The permit fee shall be calculated according to the true total cost of the work as shown on the application. 3. Structural plans shall be submitted accompanied by the seal of the design engineer. The engineered plans shall meet the wind load requirements according to the International Building Code, Texas Department of Insurance Wind Load Division and the wind load pressures of Figure 43-21.188 of the Texas Administrative Code. The most restrictive of the three shall prevail. (c) Site plan provisions. A site plan shall be submitted for the permit and shall be shown on or included with a copy of the property survey. The site plan shall show all setback distances measured from any closest part of the billboard structure to include the sign frame to the closest corresponding property line. The site plan shall show the approximate location of all existing on -premise advertising signs on the property and adjacent properties. Billboards shall not block the view of any adjacent property's on - premise advertising sign. (d) Setback provisions 1. Setback provisions for all billboards are measured from the closest part of the billboard to the closest corresponding property line and shall be no less than five (5) ft. from the front property line and 5 ft. from all side and rear property lines. According to the same measurement provision, no billboard shall be erected closer than ten (10) ft. from any overhead electrical conductors or public water and sewer mains. 2. It shall be strictly prohibited from erecting a billboard or allow any part of the billboard to protrude into or over a dedicated easement, alley, right-of-way or any other dedicated public way. (e) Spacing provisions for billboards. 1. The spacing provisions between billboards shall be as follows: i. All billboards located on the same side of the highway may not be erected closer than fifteen hundred (1,500) ft. apart. ii. Billboards shall not be erected closer than twenty five (25) ft. from any abutting property line along intersecting streets. iii. Billboards shall not be erected closer than one hundred (100) ft. from a residentially zoned property. iv. For the purposes of Subsection (e), the spacing between billboards is to be measured, along the right-of-way line, to a point perpendicular to the center of the billboards. (f) Zoning district provisions. Billboard structures and use shall be restricted to a C-3, Highway Retail zoning district. (g) Height provisions. All off -premise billboards shall be restricted to a total height of sixty (60) ft. measured from the adjacent grade to the highest part of the structure including the sign framing. (h) Sign area provisions. All billboards are hereby restricted to a maximum sign area of six hundred and seventy-two (672) sq. ft. (i) Illumination provisions. 1. Except for digital billboards as provided herein, static billboards may be illuminated only by indirect lighting subject to the following conditions: i. Billboards which contain, included or are illuminated by flashing, intermittent or moving lights are prohibited. ii. lighting shall be shielded to prevent light beams or rays from being directed at any portion of a traveled roadway or an occupied business or residential area and shall not be such intensity or brilliance as to cause or impair vision. (j) Digital off -premise billboard provisions. 1. All digital billboards are hereby limited to a maximum total sign area of 672 sq. ft. 2. The image or message shall be static or fixed and lasting no less than 10 seconds. 3. Each screen message is to contain a single advertisement. 4. The image or message shall change to another image or message in a period of (2) seconds or less. 5. The image or message shall not be animated, flashing, scrolling or contain video imagery. 6. The image or message shall adjust its brightness as ambient light levels change so as not to be visually distracting. 7. The digital sign shall contain a default design that will freeze the signs image or message if a malfunction occurs. (k) Motion provisions. 1. Off -premise billboards shall not revolve or rotate in whole. 2. Tri -Vision displays are allowed subject to the image may not change quicker than every 5 seconds. (1) Maintenance provisions. 1. Off -premise billboard owners shall maintain the billboard in good appearance and safe condition. 2. Off -premise billboard owners shall keep the general vicinity of the sign area, free and clear of sign material, weeds, debris, trash and litter. 3. Off -premise billboard owners shall be required to repost signs regularly, and torn or ragged posters shall be repaired or covered. 4. Off -premise billboard owners shall conduct maintenance, replacement of sign copy, or structural repairs in a manner that will prevent debris and litter from drifting, being blown onto adjacent properties or streets. 5. Off -premise billboard owners shall maintain the billboard to not become dilapidated and to become a blighting problem for the City; if so, the Building Official shall enforce the provisions of the International Property Maintenance Code and thereby, schedule a demolition hearing before the City Construction Board of Appeals which will render a recommendation that will be sent directly to the City Council for a final rendering on the demolition of the billboard. At that point if the billboard owner fails to comply with the order of the City Council, the City will have the billboard removed and a lien or charges for the cost incurred by the city will be filed back on the owner. (m)Non-conforming billboard provisions. A nonconforming billboard is a billboard legally erected and maintained prior to the adoption of this section and shall hereby carry a legal non -forming status. With this status it shall be allowed to exist but only under the following conditions: I. It shall be strictly prohibited for a billboard owner to enlarge the non -conforming billboard in any way, by height or sign sq. ft. area, the owner shall not move, relocate or demolish and re -erect the non -conforming billboard unless the owner agrees to conform to the provisions of this ordinance. Non -conforming billboards located on Highways (69, 365 & 347) may be allowed to upgrade the technology to a LED, Tri - Vision or other type accepted by the city as long as such upgrade does not enlarge the square footage of the existing sign, increase the overall height of the existing billboard or require relocation of the existing billboard. ii. The non -conforming billboard owner shall be required and is hereby, allowed to perform regular maintenance of the billboard as described in subchapter (k) (maintenance provisions). iii. Should the non -conforming billboard owner allow the billboard to fall into disrepair or it becomes damaged by fire, explosion, act of God or other calamity to the extent that the cost of the reconstruction or repair exceeds (50 percent of the replacement cost of the billboard; such non -conforming billboard shall no longer be permitted to exist and the complete removal of the non -conforming billboard shall be charged to the billboard owner. iv. Should the billboard owner fail to promptly remove the billboard the City Building Official shall pursue the demolition process as outlined in the International Property Maintenance Code. This process does not limit the Building Official from filing charges on the billboard owner, in Municipal Court. (n) Appeal provisions. The permit applicant, sign owner or property owner shall have the right to appeal to the City Council, any decision, denial or order rendered by the Building Official while enforcing the ordinance provisions herein described. The appeal shall be submitted in writing within thirty (30) days of said decision, denial or order rendered by the Building Official. Once the written appeal is submitted to the office of the Building Official, a hearing will be scheduled for the next regularly scheduled City Council meeting. (o) Penalty provisions. Should charges be filed on the billboard owner by the Building Official for a violation to any provision of this ordinance, and if found guilty of a provision of this ordinance, the fine shall be no less than five hundred (500.00) dollars nor more than two thousand (2,000.00) dollars per day for each day the violation continues.