City of Nederland Logo
City of Nederland R. A. "Dick" Nugent, Mayor
Don Albanese, Mayor Pro Tem
Talmadge Austin, Councilmember
Billy Neal, Councilmember
Craig J. Belaire, Councilmember
Christopher Duque, City Manager

P.O. Box 967 * Nederland, Texas 77627 * 409.723.1503 * Fax 409.723.1550
 

Meeting Minutes from Monday, October 23, 2006

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. October 23, 2006
  1. MEETING

    The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.

  2. APPROVAL OF MINUTES

    A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve the minutes of the meeting of October 9, 2006 as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  3. STREET CLOSURE

    A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Griffin to authorize the closure of Franklin Avenue between 12th and 13th Streets, on October 26, 2006 from 3:00 p.m. to 9:00 p.m. for Langham Elementary School's Annual Fall Carnival. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  4. STREET LIGHTS

    A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to authorize the installation of a street light at 3027 Canal Avenue and 160 Hilldale. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  5. ORDINANCE

    A motion was made by Mayor Pro Tem Griffin and seconded by Councilmember Sheffield to approve Ordinance No. 2006-14, amending junked car Ordinance No. 2005-02. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  6. FINANCE - PURCHASES

    A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve the purchase of a mini-excavator from the Houston-Galveston Area Council purchasing program in the amount of $34,014.41. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  7. RESOLUTION

    A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Resolution No. 2006-12, authorizing the submission of a Texas Community Development Block Grant program application to the Office of Rural Community Affairs. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  8. AGREEMENTS

    André Wimer, City Manager, explained that HB 1 passed during the last special legislative session added new requirements in the Education Code to mandate joint elections between school districts and other political subdivisions that conduct elections on the same uniform election date. An Interlocal Agreement has been prepared and approved by the City Attorney that calls for LaDonna Floyd, City Clerk, to conduct the joint election. The agreement was presented to NISD for approval; however, the Board appears to have some concerns regarding the polling location being at City Hall. Mr. Wimer added that due to the legislation being added to the Education Code it would appear that the burden to comply with the mandate would be placed on the school districts. He recommends that the Interlocal Agreement be approved in order to show that the City of Nederland has attempted to meet the requirements and to allow for sufficient time for U.S. Department of Justice election pre-clearance to be initiated upon NISD approval.

    A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve an Interlocal Agreement with the Nederland Independent School District for conducting joint elections. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  9. CHANGE ORDERS

    A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve Change Order No. 6 with N & T Construction, Co., Inc. in the amount of +$203.00, renovations to the Recreation Center. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve Change Order No. 2 with N & T Construction, Inc. in the amount of +$1,364.00, renovations to the Fire Station. MOTION CARRIED.

  10. HURRICANE RITA

    A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a Settlement Agreement and Release with XL Lloyds Insurance Company for Hurricane Rita related wind damages. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  11. PAYMENTS

    A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Griffin to approve payment to N & T Construction Co., Inc. in the amount of $31,708.61, Hurricane Rita renovations to the Fire Station. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Mayor Pro Tem Griffin and seconded by Councilmember Rogers to approve payment to Neches Engineers in the amount of $2,213.70, windstorm certification. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  12. ANNEXATION

    André Wimer, City Manager, explained that the annexation items approved during the last meeting are on this agenda for re-approval due to some conflicts in the date reflected in the extraterritorial jurisdiction agreement as signed by the City of Port Arthur. Richard Hughes, City Attorney, suggested that these items be approved again in order to clearly show the effective date of the annexation is after the ETJ agreement was approved.

    A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to grant approval of a petition submitted by Triangle Acquisitions, Inc. requesting that a 91.9 acre tract be annexed by the City. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve Ordinance No. 2006-15, annexing a portion of the City's extraterritorial jurisdiction and adopting a Service Plan. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve an Amendment to Ordinance No. 154, amending the ward boundary lines. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  13. EXECUTIVE SESSION

    A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  14. PUBLIC OFFICIALS' COMMENTS

    André Wimer, City Manager, reported that the Recreation Center opened today. He also reported that MetroCare Ambulance will terminate service effective October 27, 2006 as it has been purchased by Acadian Ambulance. Acadian Ambulance has been issued a temporary permit for 90 days to operate in Nederland.

  15. ADJOURN

    There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Griffin to adjourn the meeting at 6:35 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

END Meeting Minutes from Monday, October 23, 2006


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