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May 6, 2024 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. May 6, 2024 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. The following statement was posted: "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 was led by Mayor Pro Tem Sonnier. 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 Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve the Consent Agenda Item "a" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. a. Minutes - April 22, 2024 regular meeting 4. REGULAR AGENDA a. A motion was made byCouncilmember Root and seconded byMayor Pro Tern Y Sonnier to approve Ordinance No. 2024-11, authorizing the settlement of CenterPoint Energy Resources Corp.'s statement of intent to increase rates in the Houston, Texas Coast, Southeast Texas, and Beaumont/East Texas divisions filed on October 23, 2023. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. b. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to receive the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. Minutes continued, May 6, 2024 c. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to award bid for the 2024 Concrete Street Program to Brystar Contracting in the total amount of $1,715,853. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. d. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Resolution No. 2024-06, scheduling public hearings on May 20, 2024 and on June 10, 2024 for the purpose of receiving comments regarding the proposed annexation of Energy Transfer's property (approximately 2.069 acres) as requested by the property owner. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. e. Employee Group Benefits: The regular meeting was recessed at 4:39 p.m. by Mayor Albanese for the purpose of conducting a City of Nederland Employees Benefits Trust meeting to award bids for employee group benefits. The regular meeting was reconvened at 4:52 p.m. by Mayor Albanese. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Sonnier to authorize the transfer of funds from the City of Nederland to the City of Nederland Employee Benefits Trust to pay for employee-related benefits. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • A Public Hearing will be held at the May 20, 2024 council meeting regarding a 'No Parking' sign at the intersection of 12th and Gary. • Chris Duque thanked the city employees on their response to the storm on Thursday morning. The City will be picking up green waste for another two weeks. • The chip seal project is in progress this month. 6. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 4:57 p.m. 4110. aon Albanese, Mayor `\\\`\``�t,N;�,D��i' City of Nederland, Texas ATTEST: , Joni nderwood, City Clerk = v:4�4 \�t��•C' City of Nederland, Texas ,: � /' Il`I - 0•.10§ 1 :moo; OF 3 \, rrHrru;i nu��``� CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor .. Bret Duplant Council Member—Ward 1 Sylvia Root Council Member—Ward Il if Randy Sonnier Council Member—Ward III David Guillot Council Member—Ward IV f Chris Duque City Manager J Joni Underwood City Clerk Chris Leavins City Attorney I Heather Stucker Director of Finance f Gary Porter Police Chief Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Molli Hall Librarian r� Holly Guidry Human Resources Director Toby Latiolais Parks Director •n Al•anese, Mayor Oitt: Withikorstri Joni Unde ood, City Clerk 6.624 Date ORDINANCE NO. 2024-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING THE SETTLEMENT OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENTERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS' STATEMENT OF INTENT TO INCREASE RATES IN THE HOUSTON, TEXAS COAST, SOUTH TEXAS,AND BEAUMONT/EAST TEXAS DIVISIONS, FILED ON OCTOBER 30, 2023; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about October 30, 2023, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or"Company") filed a Statement of Intent with the City of Nederland ("City") and concurrently with the Railroad Commission of Texas ("Railroad Commission") to increase gas rates in the Houston, Texas Coast, South Texas, and Beaumont/East Texas Division Service Areas by$37.4 million per year; and WHEREAS, the Company revised its Statement of Intent on December 19, 2023 and increased its requested revenue increase to $38.8 million; and WHEREAS, the City joined the Steering Committee of Cities to intervene and participate in the Railroad Commission proceedings; and WHEREAS, CenterPoint, Railroad Commission staff, and other intervening parties including the Steering Committee of Cities participated in settlement discussions to resolve all contested rate case issues without litigation; and WHEREAS, CenterPoint agreed to settle the rate request at an overall rate increase of$5 million per year for the Houston,Texas Coast, South Texas, and Beaumont/East Texas Divisions combined; and WHEREAS, the agreed rate increase is expected to have no bill impact on customers in the Beaumont/East Texas Division; and WHEREAS,the Railroad Commission staff,the Lawton Law Firm, and counsel for other city groups participating in these proceedings have recommended approval of the Settlement terms as a reasonable alternative to resolve all contested rate case issues without the need for prolonged litigation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Nederland hereby authorizes the settlement of the CenterPoint rate case proceedings at an overall rate increase level of$5 million per year. Section 3. The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this 6TH day of MAY, 2024. „J.( on Albanese,Mayor City of Nederland,Texas ATTEST: -fin W11//n, j' � CleA�eba "ouuumurnrq Joni tJnderwood,City Clerk \"&. NEDF %, City of Nederland,Texas J `,< t• APPROVED AS TO F■RM AND LEGALITY: =n 14 .' co ° ,OF3EF`��` C ris Leavin,'ty Attorney City of Nederland,Texas THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd.,Suite R-275 • Austin,Texas 78738 • 512/322-0019 April 25,2024 Sent via e-mail Mr.Richard G.Baker Mr.Ronald D. Stutes City Attorney—City of Anahuac City Attorney—City of Arp P.O. Box 10066 Wilson Law Firm Liberty, Texas 77575 909 ESE Loop 323, Suite 400 Tyler,Texas 75701 Ms. Tracey Pritchett Ms. Sharae Reed City Secretary—City of Arp City Attorney—City of Beaumont 109 W.Longview P.O.Box 3827 Arp,TX, 75750 Beaumont,Texas 77704 Mr.Kenneth R. Williams Mr.Paul Fukuda City Manager—City of Beaumont City Attorney—City of Bridge City P.O.Box 3827 260 Rachal Beaumont,Texas 77704 Post Office Box 846 Bridge City, Texas 77611 Mr.Leonard Schneider Mr.Aron Kulhavy City Attorney—City of Huntsville City Manager—City of Huntsville City Attorney—City of Riverside 1212 Ave.M Liles Parker PLLC Huntsville, Texas 77340 2261 Northpark Dr., Suite 445 Kingwood,TX 77339 Mr.Brandon Davis Mr. Tom Warner City Attorney—City of Liberty City Manager—City of Liberty 1517 Trinity 1829 Sam Houston Liberty, TX 77575 Liberty,Texas 77575 Mr. Chris Leavins Mr. Christopher Duque City Attorney—City of Nederland City Manager—City of Nederland P.O. Box 4915 P.O.Box 967 Beaumont,Texas 77704-4915 Nederland,Texas 77627 1 Mr. Guy Goodson Mr.Mike Kunst City Attorney—City of Orange City Manager—City of Orange GERMER PLLC 812 North 16th Street 550 Fannin, Suite 400 P.O.Box 520 Beaumont,Texas 77701 Orange, Texas 77630 Mr. James Black Mr.Ronald Burton City Attorney—City of Port Arthur City Manager—City of Port Arthur P.O.Box 1089 P.O.Box 1089 Port Arthur, Texas 77641 Port Arthur, Texas 77641 Mr. Solomon Freimuth Ms.DeeAnn Zimmerman City Attorney—City of Silsbee City Manager—City of Silsbee P.O.Box 186 105 South 3'd Street Port Neches, Texas 77651 Silsbee, Texas 77656 Mayor Heidi Tutor Ms. Stormy Perez City of Riverside City Secretary—City of Riverside P.O. Box 623 P.O.Box 623 Riverside, TX 77637 Riverside, TX 77637 Mr.Jack Provost Mr.Alex Stelly City Manager—City of Sour Lake City Attorney—City of Sour Lake 625 Hwy 105 W 2615 Calder Ave., Ste. 1070 Sour Lake,Texas 77659 Beaumont,Texas 77702 Re: CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or"Company")2023 Base Rate Case Status and Settlement Agreement Dear Cities: This letter is to update you on the status of CenterPoint's statement of intent to increase rates in the Beaumont/East Texas Service Area, which also included a request to consolidate its Houston, Texas Coast, South Texas, and Beaumont/East Texas Divisions into a single Texas Division. Under the Company's original consolidation proposal, its Houston and Texas Coast Divisions would have received a substantial rate increase while the Beaumont/East Texas and South Texas Divisions would have received a rate decrease. The parties in the Railroad Commission proceedings have reached a settlement agreement that greatly reduces the Company's requested revenue increase and is expected to result in a more equitable bill impact for customers statewide. We recommend that the Cities approve the proposed settlement agreement. We have attached for your consideration a proposed ordinance authorizing the settlement. If your City takes no action,we will assume your City is unopposed to the settlement. 2 The Company agreed to a revenue requirement increase of$5 million rather than the original requested revenue requirement increase of$38.8 million. Other key components of the proposed settlement include: • No rate increase for customers in the Beaumont/East Texas Service Area. The $5 million increase will be absorbed mainly by the Houston and Texas Coast Divisions. • No formal consolidation of service divisions. • 9.8% rate of return on equity, as opposed to CenterPoint's requested 10.5%. In addition to lowering base rates,this change will lessen the impact of future annual GRIP adjustments. • New rates go into effect in December 2024 rather than the current effective date of June 25,,2024. Table 1 below shows the expected bill impact on Beaumont/East Texas Division residential customers with average usage of 34 Ccf, excluding gas cost: Table 1 Comparison of Average Monthly Bills for Residential Customers Excluding Gas Cost CenterPoint Beaumont/East Texas Division Pressure Base Average Ccf Current Settlement Increase Res @ 14.65 pressure base 34 $36.58 $36.66 $0.08 Res @ 14.73 pressure base 34 $36.67 $36.72 $0.05 Res @ 14.95 pressure base 34 $36.82 $36.91 $0.09 As we balanced the costs and benefits of settlement versus continued litigation risk, we evaluated the strength of CenterPoint's revenue increase request compared to the litigation issues and proposed adjustments raised by the various city groups. Based on precedent, we expected significant downward adjustments to the Company's request. This downward assessment is supported by CenterPoint's agreement to settle for$5.0 million versus the requested$38.8 million request. Any reductions to CenterPoint's $38.8 million revenue requirement request would also decrease the Beaumont/East Texas Service Area's projected rate reduction such that the final litigated result would be a probable no rate change for Beaumont and East Texas customers. In other words,we believe the settlement agreement places Beaumont and East Texas customers in a similar position to what the litigated result would have been. 3 Given the uncertainty of successfully litigating each issue and litigation cost, a settlement of$5.0 million annual increase—that will not impact Beaumont/East Texas customers' rates—is reasonable. The Company is not expected to file another base rate case until 2029, so the agreed- upon rates will stay in place for at least the next five years. In the interim, the only rate changes expected to occur will be annual GRIP adjustments to the customer charge and adjustments for changes in gas market commodity costs. Given all of the above, I am recommending that Cities approve the proposed settlement agreement as detailed above. This will ensure that the Beaumont/East Texas Service Area rates remain unchanged from current rate levels. I have attached for your consideration an ordinance authorizing the settlement. In terms of timeline, we are asking each City to make a final decision at its next available meeting. If your City does not take action regarding the proposed settlement,we will assume your City remains unopposed to the settlement.Please forward passed ordinances to us at molly@mayhallvandervoort.com and danlawtonlawfirm@gmail.com. If you have any questions or need any further information,please feel free to call. Sincerely, /s/Daniel J. Lawton 4 City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending March 31,2024 Investments at Beginning of Period (1-1-24) $ 63,017,599.03 Purchases 802,920.04 Maturities 0.00 Investments at End of Period(3-31-24) $ 63,820,519.07 Maturity Summary at March 31, 2024 aLess than 3 months 03 to 9 months 09 to 12 months DGreater than 12 months City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending March 31,2024 Balance Balance 1/1/2024 Purchases Maturities 3/31/2024 General Fund $ 27,264,948.94 363,844.04 $ 27,628,792.98 Capital Outlay Fund $ 9,403,543.20 87,453.70 9,490,996.90 Library Fund 43,090.77 621.39 43,712.16 Library Fund-Zaruk Memorial 11,027.83 100.80 11,128.63 Equipment Replacement Fund-General 710,565.41 9,482.28 720,047.69 Equipment Replacement Fund-W&S 288,390.46 3,848.50 292,238.96 Equipment Replacement Fund-SW 490,855.62 6,550.32 497,405.94 Water&Sewer Fund 5,764,432.83 76,924.94 5,841,357.77 Solid Waste Fund 2,845,457.60 37,971.96 2,883,429.56 Street Improvement Fund 5,064,352.54 67,582.58 5,131,935.12 Police Narcotics Fund 80,975.32 1,080.59 82,055.91 2018 WW Project 1,415,302.64 18,886.90 1,434,189.54 2020 Water Tower Project 53,477.20 713.66 54,190.86 2021 Street&Drainage Bond Fund 2,914,773.53 38,896.86 2,953,670.39 2023 Street&Drainage Bond Fund 4,969,497.32 66,316.74 5,035,814.06 SSES Project Fund 598,143.71 7,982.07 606,125.78 Parks Special Fund 472,948.13 6,311.37 479,259.50 MCML Fund 427,222.53 5,701.20 432,923.73 Bond Redemption Fund 198,593.45 2,650.14 201,243.59 $ 63,017,599.03 $ 802,920.04 $ - $ 63,820,519.07 Fund Allocation at March 31, 2024 Street Improvement Fund 8.04% SSES Project Fund Other Funds Capital Outlay Fund 0.95% 0.61% 14.87% Other Funds .79% General Fund Equipment Replacement 43.29% , f a Fund-SW r -, 0.78%&Drainage M4 ` .'x��-, , 2023 Street , Bond Fund f47 ' 7.89% Equipment Replacement 2018 WW Project Fund-W&S 2.25% 0.46% Equipment Replacement Water&Sewer Fund Fund-General 9.15% 1.13% Parks Special Fund Solid Waste Fund MCML Fund 0.75% 4.52% 0.68% J Investment Report Schedule Investments for the Quarter ended March 31,2024 INVESTMENT POOL-TEXPOOL Average Days to Interest Interest Period Held Maturity Rate Market Principal Earned Book Value General Fund 01/01/24 03/31/24 1 5.3467% $ 27,264,948.94 363,844.04 $27,628,792.98 Capital Outlay Fund 01/01/24 03/31/24 1 5.3467% 9,403,543.20 87,453.70 $ 9,490,996.90 Water&Sewer 01/01/24 03/31/24 1 5.3467% 5,764,432.83 76,924.94 5,841,357.77 Bond Redemption Fund 01/01/24 03/31/24 1 5.3467% 198,593.45 2,650.14 201,243.59 Equipment Replacement Fund-General 01/01/24 03/31/24 1 5.3467% 710,565.41 9,482.28 720,047.69 Equipment Replacement Fund-W&S 01/01/24 03/31/24 1 5.3467% 288,390.46 3,848.50 292,238.96 Equipment Replacement Fund-SW 01/01/24 03/31/24 1 5.3467% 490,855.62 6,550.32 497,405.94 Library Special 01/01/24 03/31/24 1 5.3467% 43,090.77 621.39 43,712.16 Library Special-Zaruk Memorial 01/01/24 03/31/24 1 5.3467% 11,027.83 100.80 11,128.63 Solid Waste Fund 01/01/24 03/31/24 1 5.3467% 2,845,457.60 37,971.96 2,883,429.56 Street Improvement Fund 01/01/24 03/31/24 1 5.3467% 5,064,352.54 67,582.58 5,131,935.12 2018 WW Project 01/01/24 03/31/24 1 5.3467% 1,415,302.64 18,886.90 1,434,189.54 2020 Water Tower Project 01/01/24 03/31/24 1 5.3467% 53,477.20 713.66 54,190.86 2021 Street&Drainage Bond Fund 01/01/24 03/31/24 1 5.3467% 2,914,773.53 38,896.86 2,953,670.39 2023 Street&Drainage Bond Fund 01/01/24 03/31/24 1 5.3467% 4,969,497.32 66,316.74 5,035,814.06 Parks Special Fund 01/01/24 03/31/24 1 5.3467% 472,948.13 6,311.37 479,259.50 SSES Project Fund 01/01/24 03/31/24 1 5.3467% 598,143.71 7,982.07 606,125.78 Police Narcotic Fund 01/01/24 03/31/24 1 5.3467% 80,975.32 1,080.59 82,055.91 MCML Fund 01/01/24 03/31/24 1 5.3467% 427,222.53 5,701.20 432,923.73 Totals for TEXPOOL Investments $ 63,017,599.03 $802,920.04 $63,820,519.07 *Texpool is rated AAAm by Standard&Poor's,which is the highest rating a local government investment pool can achieve Investment Report Schedule March 31, 2024 Interest Earnings for Quarter Ended March 31, 2024 Bond Redemption Fund 2,693.91 Capital Outlay Fund 82,128.08 Court Technology Fund 6.96 Equipment Replacement Fund-General 10,291.53 Equipment Replacement Fund-W & S 4,594.76 Equipment Replacement Fund-SW 9,800.13 General Fund 377,540.96 Library Special Fund 1,314.02 Library Special Fund-Zaruk Memorial 100.80 Motel Occupancy Tax Fund 1,034.77 Parks&Recreation Special Fund 9,160.99 Police Narcotic Account 1,167.99 Solid Waste Fund 47,116.95 Street Improvement Fund 59,100.02 CDBG Disaster Recovery Fund 13,585.28 W & S Certificate Fund 196.38 2018 WW Project 22,081.23 Fire Special Fund 424.61 2020 Tax Notes Water Tower Project 713.66 2021 Street&Drainage Bond Fund 41,618.77 2023 Street&Drainage Bond Fund 63,358.70 SSES Project Fund 9,356.58 MCML Fund 8,879.71 Water& Sewer Fund 86,630.01 $ 852,896.80 Investment Report Schedule Investments for the Quarter ended March 31,2024 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate March 31,2024 Bond Redemption Fund 01/01/24 03/31/24 1 3.2900% $ 43.77 Capital Outlay Fund 01/01/24 03/31/24 1 3.2900% (5,325.62) Court Technology Fund 01/01/24 03/31/24 1 3.2900% 6.96 Equipment Replacement Fund-General 01/01/24 03/31/24 1 3.2900% 809.25 Equipment Replacement Fund-W&S 01/01/24 03/31/24 1 3.2900% 746.26 Equipment Replacement Fund-SW 01/01/24 03/31/24 1 3.2900% 3,249.81 Fire Department Special Fund 01/01/24 03/31/24 1 3.2900% 424.61 General Fund 01/01/24 03/31/24 1 3.2900% 13,696.92 Library Special Fund 01/01/24 03/31/24 1 3.2900% 692.63 MCML Dispatch 01/01/24 03/31/24 1 3.2900% 3,178.51 Motel Occupancy Tax Fund 01/01/24 03/31/24 1 3.2900% 1,034.77 Parks&Recreation Special Fund 01/01/24 03/31/24 1 3.2900% 2,849.62 Police Narcotic Fund 01/01/24 03/31/24 1 3.2900% 87.40 2021 Street&Drainage Bond Fund 01/01/24 03/31/24 1 3.2900% 2,721.91 2023 Street&Drainage Bond Fund 01/01/24 03/31/24 1 3.2900% (2,958.04) Solid Waste Fund 01/01/24 03/31/24 1 3.2900% 9,144.99 Street Improvement Fund 01/01/24 03/31/24 1 3.2900% (8,482.56) CDBG Disaster Recovery Fund 01/01/24 03/31/24 1 3.2900% 13,585.28 SSES Fund 01/01/24 03/31/24 1 3.2900% 1,374.51 2018 WW Project 01/01/24 03/31/24 1 3.2900% 3,194.33 W&S Certificate Fund 01/01/24 03/31/24 1 3.2900% 196.38 Water&Sewer Fund 01/01/24 03/31/24 1 3.2900% 9,705.07 $ 49,976.76 City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending December 31, 2023 Investments at Beginning of Period (10-1-23) $ 56,113,691.48 Purchases 762,498.55 Maturities 0.00 Investments at End of Period(12-31-23) $ 56,876,190.03 Maturity Summary at December 31, 2023 OLess than 3 months 03 to 9 months 09 to 12 months ['Greater than 12 months City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending December 31, 2023 Balance Balance 10/1/2023 Purchases Maturities 12/31/2023 General Fund $ 26,899,427.19 365,521.75 $ 27,264,948.94 Capital Outlay Fund $ 3,218,400.11 43,733.09 3,262,133.20 Library Fund $ 42,466.42 624.35 43,090.77 Library Fund-Zaruk Memorial $ 10,926.55 101.28 11,027.83 Equipment Replacement Fund-General $ 701,039.40 9,526.01 710,565.41 Equipment Replacement Fund-W&S $ 284,524.23 3,866.23 288,390.46 Equipment Replacement Fund-SW $ 484,276.12 6,580.50 490,856.62 Water&Sewer Fund $ 5,687,153.17 77,279.66 5,764,432.83 Solid Waste Fund $ 2,807,310.54 38,147.06 2,845,457.60 Street Improvement Fund $ 4,996,458.36 67,894.18 5,064,352.54 Police Narcotics Fund $ 79,889.80 1,085.52 80,975.32 2018 WW Project $ 1,396,328.72 18,973.92 1,415,302.64 2020 Water Tower Project $ 52,760.31 716.89 53,477.20 2021 Street&Drainage Bond Fund $ 2,875,697.20 39,076.33 2,914,773.53 2023 Street&Drainage Bond Fund $ 4,902,874.81 66,622.51 4,969,497.32 SSES Project Fund $ 590,124.84 8,018.87 598,143.71 Parks Special Fund $ 466,607.62 6,340.51 472,948.13 MCML Fund $ 421,495.09 5,727.44 427,222.53 Bond Redemption Fund 195,931.00 2,662.45 198,593.45 $ 56,113,691.48 $ 762,498.55 $ - $ 56,876,190.03 Fund Allocation at December 31, 2023 Street Improvement Fund 8.90% SSES Project Fund Other Funds Capital Outlay Fund _1.05% 0.68% 5.74% Other Funds Equipment Replacement ,79% Fund-SW 0.86% General Fund 47.94% 2023 Street&Drainage -----------= j i Bond Fund 8.74% Equipment Replacement Fund-W&S 0.51% 2018 WW Project Equipment Replacement 2.49% Fund-General Water&Sewer Fund 1.25% Parks Special Fund 10.14% Solid Waste Fund MCML Fund 0.83% 5.00% 0.75% T Investment Report Schedule Investments for the Quarter ended December 31,2023 INVESTMENT POOL-TEXPOOL Average Days to Interest Interest Period Held Maturity Rate Market Principal Earned Book Value General Fund 10/01/23 12/31/23 1 5.2427% $ 26,899,427.19 365,521.75 $27,264,948.94 Capital Outlay Fund 10/01/23 12/31/23 1 5.2427% 3,218,400.11 43,733.09 $ 3,262,133.20 Water&Sewer 10/01/23 12/31/23 1 5.2427% 5,687,153.17 77,279.66 5,764,432.83 Bond Redemption Fund 10/01/23 12/31/23 1 5.2427% 195,931.00 2,662.45 198,593.45 Equipment Replacement Fund-General 10/01/23 12/31/23 1 5.2427% 701,039.40 9,526.01 710,565.41 Equipment Replacement Fund-W&S 10/01/23 12/31/23 1 5.2427% 284,524.23 3,866.23 288,390.46 Equipment Replacement Fund-SW 10/01/23 12/31/23 1 5.2427% 484,276.12 6,580.50 490,856.62 Library Special 10/01/23 12/31/23 1 5.2427% 42,466.42 624.35 43,090.77 Library Special-Zaruk Memorial 10/01/23 12/31/23 1 5.2427% 10,926.55 101.28 11,027.83 Solid Waste Fund 10/01/23 12/31/23 1 5.2427% 2,807,310.54 38,147.06 2,845,457.60 Street Improvement Fund 10/01/23 12/31/23 1 5.2427% 4,996,458.36 67,894.18 5,064,352.54 2018 WW Project 10/01/23 12/31/23 1 5.2427% 1,396,328.72 18,973.92 1,415,302.64 2020 Water Tower Project 10/01/23 12/31/23 1 5.2427% 52,760.31 716.89 53,477.20 2021 Street&Drainage Bond Fund 10/01/23 12/31/23 1 5.2427% 2,875,697.20 39,076.33 2,914,773.53 2023 Street&Drainage Bond Fund 10/01/23 12/31/23 1 5.2427% 4,902,874.81 66,622.51 4,969,497.32 Parks Special Fund 10/01/23 12/31/23 1 5.2427% 466,607.62 6,340.51 472,948.13 SSES Project Fund 10/01/23 12/31/23 1 5.2427% 590,124.84 8,018.87 598,143.71 Police Narcotic Fund 10/01/23 12/31/23 1 5.2427% 79,889.80 1,085.52 80,975.32 MCML Fund 10/01/23 12/31/23 1 5.2427% 421,495.09 5,727.44 427,222.53 Totals for TEXPOOL Investments $ 56,113,691.48 $762,498.55 $56,876,190.03 *Texpool is rated AAAm by Standard&Poor's,which is the highest rating a local government investment pool can achieve Investment Report Schedule Investments for the Quarter ended December 31,2023 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate December 31,2023 Bond Redemption Fund 10/01/23 12/31/23 1 3.1600% $ 45.02 Capital Outlay Fund 10/01/23 12/31/23 1 3.1600% (205.57) Court Technology Fund 10/01/23 12/31/23 1 3.1600% 20.72 Equipment Replacement Fund-General 10/01/23 12/31/23 1 3.1600% 746.61 Equipment Replacement Fund-W&S 10/01/23 12/31/23 1 3.1600% 1,148.81 Equipment Replacement Fund-SW 10/01/23 12/31/23 1 3.1600% 2,857.69 Fire Department Special Fund 10/01/23 12/31/23 1 3.1600% 400.06 General Fund 10/01/23 12/31/23 1 3.1600% 1,624.52 Library Special Fund 10/01/23 12/31/23 1 3.1600% 267.59 MCML Dispatch 10/01/23 12/31/23 1 3.1600% 2,655.78 Motel Occupancy Tax Fund 10/01/23 12/31/23 1 3.1600% 896.79 Parks&Recreation Special Fund 10/01/23 12/31/23 1 3.1600% 2,985.26 Police Narcotic Fund 10/01/23 12/31/23 1 3.1600% 127.69 2021 Street&Drainage Bond Fund 10/01/23 12/31/23 1 3.1600% 2,393.49 2023 Street&Drainage Bond Fund 10/01/23 12/31/23 1 3.1600% 436.09 Solid Waste Fund 10/01/23 12/31/23 1 3.1600% 6,409.37 Street Improvement Fund 10/01/23 12/31/23 1 3.1600% (2,757.88) CDBG Disaster Recovery Fund 10/01/23 12/31/23 1 3.1600% 5,612.08 SSES Fund 10/01/23 12/31/23 1 3.1600% 1,208.67 2018 WW Project 10/01/23 12/31/23 1 3.1600% 2,892.72 W&S Certificate Fund 10/01/23 12/31/23 1 3.1600% 199.36 Water&Sewer Fund 10/01/23 12/31/23 1 3.1600% 4,234.98 $ 34,199.85 Investment Report Schedule December 31, 2023 Interest Earnings for Quarter Ended December 31, 2023 Bond Redemption Fund 2,707.47 Capital Outlay Fund 43,527.52 Court Technology Fund 20.72 Equipment Replacement Fund-General 10,272.62 Equipment Replacement Fund-W & S 5,015.04 Equipment Replacement Fund-SW 9,438.19 General Fund 367,146.27 Library Special Fund 891.94 Library Special Fund-Zaruk Memorial 101.28 Motel Occupancy Tax Fund 896.79 Parks&Recreation Special Fund 9,325.77 Police Narcotic Account 1,213.21 Solid Waste Fund 44,556.43 Street Improvement Fund 65,136.30 W& S Certificate Fund 199.36 2018 WW Project 21,866.64 CDBG Disaster Recovery Fund 5,612.08 Fire Special Fund 400.06 2020 Tax Notes Water Tower Project 716.89 2021 Street&Drainage Bond Fund 41,469.82 2023 Street&Drainage Bond Fund 67,058.60 SSES Project Fund 9,227.54 MCML Fund 8,383.22 Water& Sewer Fund 81,514.64 $ 796,698.40 II RESOLUTION NO. 2024-06 A RESOLUTIONIOF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF NEDERLAND, TEXAS, AND AUTHORIZING , AND DIRECTING THE CITY MANAGER TO PUBLISH NOTICE OF SUCH PUBLIC HEARING WHEREAS,the Texas Local Government Code and Section 1.04 of the Home Rule Charter of they City of Nederland,Texas, authorize the annexation of property,subject to the laws of this State; and WHEREAS,the procedures prescribed by the Texas Local Government Code and the Home Rule Charter of the City of Nederland,Texas,and the laws of this State have been duly followed with respect to the following described territory,to wit: BEING a 2.069 acre tract of land,being out and a part of a called 152.965 acre tract of land conveyed to SunocolPartners Marketing&Terminals L.P.,being more fully described and recorded in Clerk's File No.2012042125 of the Official Public Records of Jefferson County,Texas.Said 2.0619 acre tract being situated in the Ogister Montee Survey,Abstract No.117,Jefferson County,Texas NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Section I. On the 20th day of May, 2024 at 4:30PM in the City Council chamber of City Hall of the City of Nederland, Texas and on the 10th day of June, 2024 at 4:30PM in the City Council chamber of City Hall of the City of Nederland, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Nederland, Texas of the following described property to-wit: BEING a 2.069 acre tract of land,being out and a part of a called 152.965 acre tract of land conveyed to Sunoco Partners Marketing&Terminals L.P.,being more fully described and recorded in Clerk's File No.2012042125 of the Official Public Records of Jefferson County,Texas.Said 2.069 acre tract being situated in the Ogister Montee Survey, Abstract No. 117, Jefferson County,Texas Section II. The City Manager is hereby authorized and directed to cause notice of such public hearings to be published once in the newspaper of record and in the above described territory not more than twenty days nor less than ten days I prior to the date of such public hearing, in acco9dance with the Municipal Annexation Act. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,Texas this the 6TH day of MAY, 2024. Don Albanese,Mayor ATTEST: 6140461(/ Joni Unmerwood, City Clerk APPRO DATO FORM AND LEGALITY: Chris Leav s, City Attorney s";c1 OF JV ;, , , O- ••.. = \r?{i, V:z= 1/,,,,,EFFE ' ENERGY �►:: TRANSFER April 29, 2024 City of Nederland Attn: Chris Duque, City Manager 207 N 12th St. Nederland, Texas 77627 Flexport Project RE: Annexation request for the City of Nederland's (the"City") proposed green waste site on Energy Transfer's property Dear Mr. Duque, As you are aware, Energy Transfer ("ET") and the City have been working together on the relocation of the City's green waste site. ET has offered to sell the City a 2.069 acre parcel on its property for the relocation. To facilitate the sale of the acreage to the City, ET is submitting • herewith a petition of voluntary annexation to the City for the acreage. Additionally, because the 2.069 acre parcel is not bounded by a public road, ET is providing 0.282 acres of permanent access through its property off Helena Ave. and is submitting herewith a Permanent Access Road Easement Agreement for the City's review. ET appreciates the City's consideration of the above requests and looks forward to meeting in person to discuss any questions or concerns that the City may have. Sincerely, LAlfary Linda Alfery Sr. Manager—ROW Projects Enc: completed petition for voluntary annexation including Exhibit Permanent Access Road Easement Agreement with Exhibit 1300 Main St. I Houston,Texas 77002 I (833)633-3769 PETITION FOR VOLUNTARY ANNEXATION into the City Limits of the City of Nederland Local Government Code Chapter 43, Subchapter C — 3, provides the statutory rules for voluntary annexations in Texas. Legal property owners of land located within the City's Extraterritorial Jurisdiction may voluntarily petition for annexation into the City limits. This form may be used to make a formal request to the Nederland City Manager for your property to be incorporated, but a letter containing the same with the information in this form is acceptable. Please include a legal metes and bounds description/survey of the property with a signed letter or this form,to the City via the following: • U.S.Postal Mail to City Manager's Office,City of Nederland,P.O.Box 967,Nederland, Texas 77627 • Email to:cduque@ci.nederland.tx.us Name of Property Owner(s) (please list all owners with interest in the property): Energy Transfer Marketing &Terminals L.P. Property Address 2.069 acre tract see attached Nederland TX 27627 Street Number Street Name City ST Zip Parcel ID No.:TBD I,the undersigned property owner of the aforementioned real property, and on behalf of any and all other property owners with interest in such property, do hereby execute and submit this Petition for Annexation for the express purpose of requesting that the City of Nederland incorporate my aforementioned property into the corporate boundaries of the City of Nederland. I hereby certify and attest that I have the authority to do so, and have been provided such authority by others that have ownership interest in the property subject to this request/ petition. I, the undersigned, also understand that a "metes and bounds" legal description/survey of the land applicable to this petition shall be provided as an attachment to this request in order for the City to take action on this request. Mark Vedral Senior Directto}r-Right of Way for Energy Transfer Marketingr &Terminals L.P. PF'rir#rint 'G By: STMT GP LLC, its genpartner e l 2024 Signature Date 409.833.3363 e LIA\SURVEYING TBPELS10194382 www.LJASurvey_com 2615 Calder Avenue,Suite 500,Beaumont,Texas 77702 November 28,2023 Surveyor's Field Note Description • BEING a 2.069 acre tract of land, being out and a part of a called 152.965 acre tract of land conveyed to Sunoco Partners Marketing &Terminals L.P., being more fully described and recorded in Clerk's File No. 2012042125 of the Official Public Records of Jefferson County,Texas.Said 2.069 acre tract being situated in the Ogister Montee Survey, Abstract No. 117,Jefferson County,Texas and being more particularly described as follows: BEGINNING at a 3"iron pipe found at the South corner of said 2.069 acre tract,same being the Southwest corner of that certain Rienstra Acres Subdivision, being more fully described and recorded in Volume 6, Page 157 of the Map Records of Jefferson County,Texas, same being in the Northeast Right-of-Way of that certain Kansas City Railroad (100 Foot Wide Public Right-of-Way),same being the South corner of said 152.965 acre tract,from which a 3 inch iron pipe bears North 60 deg.26 min. 03 sec.East,a distance of 1.91 feet; THENCE North 51 deg.49 min.48 sec.West, along and with the Southwest line of said 152.965 acre tract and being the herein described tract,same being the Northeast right-of-way line of said Kansas City Railroad,a distance of 438.54 feet to a 5/8 inch iron rod with Cap stamped"LJA SURVEYING INC."set for the West corner of the herein described tract, same being in the Northeast right-of-way line of said Kansas City Railroad, from which a 4 inch concrete monument found at a Southwest angle corner of said 152.965 acre tract,bears North 51 deg.49 min.48 sec.West,a distance of 1077.22 feet; THENCE North 38 deg.25 min.57 sec. East,over and across said 152.965 acre tract,same being along and with the Northwest line of the herein described tract, a distance of 40.69 feet to a 5/8 inch iron rod with Cap stamped "LJA SURVEYING INC."set for an angle corner of the herein described tract,said point being the beginning of a non-tangent curve to the Left, having a radius of 725.52 feet, a delta angle of 20 deg.31 min. 04 sec., a chord bearing of North 86 deg.33 min.28 sec. East, and a chord distance of 258.42 feet; THENCE along and with said curve to the left,a distance of 259.81 feet to a 5/8 inch iron rod with Cap stamped"LJA SURVEYING INC."set for an angle corner; THENCE North 73 deg. 35 min. 19 sec.East, over and across said 152.965 acre tract,same being along and with the Northwest line of the herein described tract, a distance of 60.81 feet to a 5/8 inch iron rod with Cap stamped "LJA SURVEYING INC."set for an angle corner of the herein described tract; THENCE North 66 deg.32 min. 14 sec.East,over and across said 152.965 acre tract,same being along and with the Northwest line of the herein described tract, a distance of 29.19 feet to a 5/8 inch iron rod with Cap stamped "LJA SURVEYING INC."set for the North corner of the herein described tract; THENCE South 53 deg. 15 min.31 sec. East,over and across said 152.965 acre tract,same being along and with the Northeast line of the herein described tract, a distance of 187.10 feet to a 1 inch iron pipe found at the East corner of the herein described tract,same being an angle corner in the East line of said 152.965 acre tract,same being the North corner of Lot 8 of said Reinstra Acres Subdivision; THENCE South 36 deg.24 min.31 sec.West,along and with the East line of said 152.965 acre tract,same being the Southeast line of the herein described tract, same being the Northwest line of said Reinstra Acres Subdivision, a distance of 292.36 feet to the POINT OF BEGINNING, containing 2.069 acres of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on November 14, 2023 and is being submitted along with a survey plat showing the property and facts found as described herein.All bearings are based upon the Texas State Plane Coordinate System of 1983(2011), South Central Zone'4204'(U.S. Survey Foot). All distances and acreages are grid.For surface values apply a combined scale factor of 1.000070.) • . O F TF., 's'reR.:ry k Imo:"Q * 6\0 k 5/1/2024 < WESLEY KYLE MAXEY Wesley Kyl- laxey 1 -.0 6536 f Registe R: Professional Land Surveyor No.6536 '.�o o.Ii 4Z''f 9�O,...... •. 0� ' ..SUB' Page 1 of 1 J N Flood Zone Statement: General Notes: In accordance with Federal Emergency Found 112'Iron 1. All hearings are based upon the Texas State Plane Management Agency. pipe with cap Coordinate System of 1983 (2011), South Central V.'.= Community No:480385 slumped"SESCO' Zone'4204'(U.S.Survey Foot).All distances and acreages are grid. For surface values apply a Panel No.:0305 B combined scale(actor of 1.000070. I Dale of Firm:June 1,1983 2.Nothing In this survey is Intended to express an opinion This property Iles In Zone"C".Zone"C"Area ,,,..5);(: regarding ownership of tote to any property. 0 100 200 of minimal good hazard.LJA Surveying,Inc. wpts_so. Slag/ MI MI Feet does not warrant nor subscribe to the `Z`o�\'apt aea�pe Qq accuracy or scale of said maps. Curve Table Found 4"concrete O A..5. monument Curvet/ Length Radius Delta Chord Searing Chord Distance " '> cm},^°j Cl 259.81 725.52 20'31'04" N86'33'28"E 258.42 vr'`>Jc ,y6 N'ri. o°'/y 4996.2- 1 / 7 �� y % Line Table 4 L2 Ay Cl IS }Found 1" .y J8) .7j Aron pipe Line A Direction Length \�� 2.069 Acres -.10, Found 1• N.v', L1 N38'2S ST'E 40.69 90,142.65 Sq.Ft. . Iron pipe 'f'45 71. 1.2 N73'3519"E 00.81 \ Sunoco Partners Marketing 8,Terminals LP., / 2i4 1.3 N66.32'14"E 29.19 a Texas Limited Partnership '6.4. ,,tt� Called 152.965 Acres 10 °So.o -c, `,f 's4. Clerk File No.2012042125 y I° �9 O.P.R.J.C. qry. py, Found 1' V-9 C40 ry 5 F2j Iron pipe 2' • �AG6j°,�4:4 ,,� 6. \� �� aP 5\ep a ��,,,. R6 4-� "4,-,`-'*,.. sz? 0,ba ,t. �5�t & R5%. <-,-.. SURVEY PLAT kay��ay �v, ilo SSt. 1�iN �{°o �e�Jp e6'��' OF A Surveyor's Certification ayJ a0. ,t� Found P' \` �' iron pipe 2.069 ACRE TRACT The undersigned does hereby certify that this survey plat / e\ <o`. SITUATED IN THE accurately represents an on the ground survey made under `9 OGISTER MONTEE SURVEY my direct supervision an November 14,2023. -Found3"Iranplpe JEFFERSON COUNTY, TEXAS P.O.B. p5'rap. DRAWN BY:RCJ FE PG:FS072-PG059 !� � � 0 F -bears Nfi0.26'03"E a Found 3" distance of 1.91 feel Q''�* REV"A• NOVEMBER 28,2023 A AP:�OtsTER`0.,..1.0 .4,1 iron pipe ��'4r9 SHEET NO.1 OF 1 JOB NO.WAS403-2214 IC 0;N1 %WESLEY KYLE MAXEY 1 `eo eL ��Q`� L JASURVEYING,INC. , 6538 Q 5/1/2024 {.••'94E odS'2'y �.4„.,.,ess±,:y0i 2615 Calder Ave,Suite 500 Tel:409.833.3363 Wesley Kyl axey,RPLS SUfl\IE. Beaumont Texas 77702 Fax 409.833.0317 Regist Professional Land Surveyor No.6536 A. TBPEIS Firm No.10194382 nrncacrslsurvey1PnledsLLJA5403(Energy Tnnder)12214(Melena Avenuries CAEW,khg FdecTopiWF54633214Green Ware Sl.2.069 Awe Smoot PIM coacH RECGVENY4.11106523 Project Name:Flexport Tract No.:access—green waste site NOTICE OF CONFIDENTIALITY RIGHTS: YOU MAY REMOVE OR STRIKE ANY OR ALL OF YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS. STATE OF TEXAS § § MOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § PERMANENT ACCESS ROAD EASEMENT KNOW ALL MEN BY THESE PRESENTS: This Permanent Access Road Easement(this "Agreement"), is entered into by the undersigned, ENERGY TRANSFER MARKETING&TERMINALS L.P.,whose mailing address is 1300 Main Street, Houston,Texas 77002 (such entity and its successors and assigns are collectively referred to as the"Grantor"),for and in consideration of the sum of Ten and No/100 Dollars ($10.00)and other valuable considerations,the receipt of which is hereby acknowledged,does hereby grant and convey unto the City of Nederland,whose mailing address is 207 North 12a'St.,Nederland,Texas 77627,and its successors and assigns(such entity and its successors and assigns are collectively referred to as the"Grantee"),the right,privilege,and easement to repair,improve,maintain and traversean access road(the"Access Road"),located within a thirty foot(30')wide road easement as described and depicted in Exhibits "A"and"B"attached hereto and made a part hereof("the Easement"). It is further agreed as follows: 1. Ingress and Egress. In addition to the Access Road,Grantee shall have the right of ingress,egress,entry,and access in,to, through,on,over,under,and across the Easement and where same intersects any public road or public right-of-way or other easement or fee owned property to which Grantee has the right to access. Grantee shall promptly repair any damage to the Access Road caused by Grantee in the exercise of any rights granted,to a condition as good as existed prior to use by Grantee. 2.Non-Exclusive. The Easement conveyed hereunder is non-exclusive. 3.Damages. The initial consideration paid by Grantee for the granting of this Agreement includes the market value of the Easement and including without limitation any and all(i)damages to the lands burdened by the Easement,(ii)damages to the remaining property,if any,as a result of the granting of this Agreement and imposition of the Easement under this Agreement,including any diminution in value,if any,to Grantor's lands. The initial consideration paid for this Agreement does not cover or include:(1)physical damages,if any,which may accrue from time to time to Grantor's other lands outside the Easement,and(2)any physical damages arising to the lands covered by the Easement, due to the repair,maintenance or inspection of the Access Road,but not routine maintenance. Grantee,in addition to paying the initial consideration for the granting of this Agreement,will separately pay you for items(1)and,or(2)in the preceding sentence,as such physical damages,if any,may accrue,if and when such claims arise. 4.Removal,Cutting,Use,Repair,and Replacement of Gates and Fences. Each entry and exit gate shall be securely closed and locked,except when Grantee or its authorized personnel are actually passing through same,and Grantor and Granteeshall each be entitled to maintain their own lock in any such gate,such that Grantor and Grantee shall each have the right of free passage through any such gates. If Grantee fails to restore any fences or gates disturbed by Grantee to the same or better grade and condition as existed before Grantee disturbed same,Grantee,in addition to the consideration paid for this Agreement,shall pay Grantor the reasonable costs to restore any such fences or gates to the same or better grade and condition as existed before Grantee disturbed same. 5.Use Limitations. Grantee shall use the Easement solely for the purposes specified in this Agreement and shall not use the Easement hereunder granted for any use other than a use expressly stated in this Agreement without the express written consent of Grantor. There shall be no hunting or fishing on the Easement or any of Grantor's lands by Grantee or its officers,agents,employees, contractors,invitees,guests,or representatives at any time.No firearms or fishing equipment shall be taken on the Easements by Grantee or its officers,agents,employees,contractors,invitees,guests,or representatives at any time. 6.Indemnity. TO THE EXTENT ALLOWED UNDER LAW,GRANTEE SHALL DEFEND WITH COUNSEL OF GRANTEE'S CHOICE, INDEMNIFY, PROTECT, AND HOLD HARMLESS GRANTOR, GRANTOR'S HEIRS, SUCCESSORS,ASSIGNS AND RELATED OR AFFILIATED ENTITIES(THE"INDEMNIFIED PARTIES"),FROM ANY AND ALL LIENS,CLAIMS,DEMANDS,COSTS(INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES),EXPENSES,DAMAGES,LOSSES,AND CAUSES OF ACTION FOR DAMAGES ASSERTED BY PERSONS OR ENTITIES UNAFFILIATED WITH THE INDEMNIFIED PARTIES BECAUSE OF INJURY TO PERSONS(INCLUDING DEATH)AND INJURY OR DAMAGE TO OR LOSS OF ANY PROPERTY OR IMPROVEMENTS CAUSED BY OR ARISING OUT OF GRANTEE'S USE,MAINTENANCE,IMPROVEMENT OR REPAIR OF THE ACCESS ROAD. 7.Third Party Access. Grantee shall not grant to any third party access to the Easement and lands covered thereby for any purpose that is not related to the rights herein conveyed. 8.Counterparts. This Agreement may be executed in several counterparts,each of which shall be an original of this Agreement but all of which,when delivered and taken together,shall constitute one and the same Agreement and be binding upon the parties who executed any counterpart,regardless of whether it is executed by all parties named herein. 9.Assignability. Grantee shall not assign this Easement without the written consent of Grantor,which consent will not be unreasonably withheld,conditioned or delayed;provided that no such consent is required for any assignment to an affiliate or to a successor through merger or consolidation. 03.07.2 72 N"fPAR?AR. 10.Heirs and Assigns. This Agreement and all of its terms,provisions,and obligations shall be covenants running with the land affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs,executors, administrators,successors,and assigns. 11. Insurance. Grantee shall maintain at all times while Grantee uses the Easement, including during construction and operations on the Easement, commercial liability insurance or self-insurance: (i)issued by an insurer authorized to issue liability insurance in this state,if maintaining commercial liability insurance;and(ii)insuring Grantor against liability for personal injuries and property damage sustained by any person to the extent caused by the negligence of Grantee or Grantee's agents or contractors and to the extent allowed by law. 12.Integration Clause. This Agreement constitutes the entire agreement and supersedes any and all prior oral understandings and agreements,if any,conceming the subject of this Agreement. Grantor confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee(which is not expressed or referenced specifically within this Agreement)in executing this Agreement,that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Agreement is free and voluntary. This Agreement may not be modified or amended except on or after the date hereof except by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein. TO HAVE AND TO HOLD unto Grantee,its successors and assigns,so long as such Access Road Easement shall be used and maintained. [INTENTIONALLY LEFT BLANK] r 2 GRANTOR: ENERGY TRANSFER MARKETING&TERMINALS L.P. By: ETMT GP LLC,its general partner By: Mark J.Vedral Title: Senior Director—Right Of Way ACICNOWLEDGMENT State of Texas § County of Harris § The foregoing instrument was acknowledged before me this day of ,20_,by Mark J.Vedral,the SENIOR DIRECTOR—RIGHT OF WAY OF ETMT GP LLC,the general partner of and on behalf of said limited partnership and in the capacities herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20_. Notary Public,State of Texas GRANTEE: City of Nederland,Texas a Texas home-rule municipality By: Chris Duque Title: City Manager Approved as to Form: By: [name],City Attorney ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF § Acknowledged before me,the undersigned authority,this day of ,2024,by Chris Duque, City Manager for the City of Nederland,Texas,a Texas home-rule municipality,on behalf of such.municipality. Notary Public n and for the State of Texas My Commission expires: 3 Prepared By: Energy Transfer Marketing&Terminals L.P. UPON RECORDING RETURN TO: Energy Transfer Marketing&Terminals L.P. Attn: Land&Right-Of-Way Dept. 1300 Main St. Houston,TX77002 4 • LJA .SURVEYING 409.833.3363 TBPELS 10194382 www.LJASurvey.com 2615 Calder Avenue,Suite 500, Beaumont,Texas 77702 November 28,2023 Surveyor's Field Note Description BEING a 0.244 acre Ingress and Egress Easement, being out of and a part of a called 152.965 acre tract of land conveyed to Sunoco Partners Marketing&Terminals L.P.,being more fully described and recorded in Clerk's File No. 2012042125 of the Official Public Records of Jefferson County, Texas and being out of Lot 7 of that certain Rienstra Acres Subdivision, being more fully described and recorded in Volume 6, Page 157 of the Map Records of Jefferson County, Texas. Said 0.244 acre easement being situated in the Ogister Montee Survey,Abstract No. 117, Jefferson County,Texas and being more particularly described as follows: BEGINNING at a point for the South corner of the herein described easement with a coordinate value of Northing: 13,938,288.95 and Easting: 3,552,919.02, same point being in the Southeast line of said Lot 7, same being in the Northwest right-of-way line of that certain Helena Avenue (Public Right-of-Way), said point being the beginning of a non-tangent curve to the left, having a radius of 50.00 feet,a delta angle of 69 deg.03 min.52 sec.,a chord bearing of North 18 deg. 43 min. 14 sec.West, and a chord distance of 56.68 feet, from which a 1 inch iron pipe found at the South corner of Lot 7,same being the East corner of Lot 8 of said Reinstra Acres Subdivision,bears South 36 deg.39 min. 14 sec.West,a distance of 9.93 feet; THENCE along and with said curve to the left, over and across said Lot 7, a distance of 60.27 feet to an angle corner on the Southwest line of the herein described easement; THENCE North 53 deg. 15 min. 10 sec.West,over and across said Lot 7 and 152.965 acre tract, a distance of 238.85 feet to a point for an interior ell corner in the Southwest line of the herein described easement; THENCE South 36 deg.44 min.29 sec.West, over and across said 152.965 acre tract, a distance of 41.47 feet to a point at an ell corner in the Southwest line of the herein described easement, same being the Northeast line of that certain 2.069 acre tract of land as surveyed by LJA Survey Inc. on this same day,from which a 1 inch iron pipe found on the West corner of Lot 7 and the North corner of Lot 8, bears South 53 deg. 15 min. 31 sec. East, a distance of 11.85 feet; THENCE North 53 deg. 15 min. 31 sec. West, along and with the Southwest line of the herein described easement, same being the Northeast line of said 2.069 acre tract, a distance of 30.00 feet to a point for the West corner of the herein described easement; THENCE North 36 deg.44 min.29 sec. East,over and across said 152.965 acre tract,a distance of 69.47 feet to the North corner of the herein described tract; THENCE South 53 deg. 15 min. 10 sec. East,over and across said 152.965 acre tract and Lot 7,a distance of 279.99 feet to an angle corner in the Northeast line of the herein described tract, said point being the beginning of a non- tangent curve to the left, having a radius of 50.00 feet, a delta angle of 45 deg. 08 min. 14 sec., a chord bearing of South 75 deg.49 min. 17 sec.East,and a chord distance of 38.38 feet; THENCE along and with said curve to the left,over and across said Lot 7,a distance of 39.39 feet to a point at the East corner of the herein described easement,same being in the Southeast line of said Lot 7,same being on the Northwest right-of-way line of said Helena Avenue, from which a 1 inch iron pipe found at the East corner of Lot 7, same being the South corner of Lot 6 of said Rienstra Acres Subdivision,bears North 36 deg. 39 min. 14 sec. East, a distance of 27.19 feet; THENCE South 36 deg.39 min.14 sec.West,along and with the Southeast line of said Lot 7,same being the Northwest right-of-way line of said Helena Avenue,a distance of 74.86 feet to the POINT OF BEGINNING,containing 0.282 acres of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on November 14, 2023 and is being submitted along with a survey plat showing the property and facts found as described herein.All bearings are based upon the Texas State Plane Coordinate System of 1983(2011), South Central Zone '4204'(U.S. Survey Foot). All distances and acreages are grid. For surface values apply a combined scale factor of 1.000070.) .1A � xsi I � 5/1/2024 < WESLEY KYLE MAXEY > Wesley ;'e Maxey 6536 ,:' Regis*.,red Professional Land Surveyor No.6536 ('••.90 �,e:Q � 9r0 �ESS19 ,k0f SUR 0- Page 1 of 1 a' NFlood Zone Statement: General Notes: In accordance With Federal Emergency Found 1/2"iron 1.All bearings are based upon the Texas State Plane Management Agency. Alpe with cap Coordinate System of 1983(2011), South Central A''' Community No.:480385 stamped"SESCO" Zone'4204'(U.S. Survey Foot).All distances and � I`` Panel Na.:0305 B Sunoco Partners Marketing&Terminals LP., acreages are grid. Far surface values apply a S combined scale factor of 1.000070. Date of Firm:June 1,1983 a Texas Limited Partnership e`1 Caged 152.865 Acres J� 2.Nothing In this survey is intended to express an opinion This propertyIles In Zone"C".Zone"C"Area1 regarding ownership of title to any property. 0 100 200y g Clerk File No..J.C.2012042125 ' rt +�� n, 3.5/8 Inch Iran rod With Cap Stamped"LJA SURVEYING ofNM In Mil MN minimal goad hazard. Surveying,Inc. O.P.R.J.C. �` o• INC."Set at all comers marked • unless otherwise Feet does not warrant nor subscribe to the �`C<� is,,,,./ sA� accuracy arscale of said maps. `y<ely<s2c' a�a1� h°j Sated, Found 4"concrete Curve Table 09 Q•O svc9�.1� ^8 monument Curve# Length Radius Delta Chord Bearing Chord Distance j.0 } / c A ,ys'. Cl 60.27 50.00 069'03'52" N18.43'iq"W 00.60 / `�' yb"' vs,. C2 39.39 50.00 045"OB'14" S75.49'17"E 38.38 / a'ei- 82y Found 1" 4 1p Iron pipe o -*.x,,N } Line Table ID Une# Direction Length + L yti ssd 13; 4, Ingress&Egress L1 536.44'29'W 41.47 \ Green Waste Site �,1` jOA,s,2.i3• Easement 2.069 Acres 853"1531"E ....i# 30 >Ts 0.282 Acres L2 N53.15'31'W 30.00 'I' 90,142.655 FL 11'85 . ., fie`. ') 71Q L3 N36.44'29"E 69.47 \ as surveyed by WA Surveying,Inc. y, 'jOpi '' 99y,�Qsp, 12,289.10 Sq.Ft. an November 28,2023. y Found 1" J,7. 'Y L4 836.39'14'W 74.86 •F 'O� e Iron pipe oh 2 Found 1" �YJ. '4c ti vs,,,..• �8 Iron pipe '�y. 4- 'I's, ��Q\d�7. e5 '1 -��'7)8s 604211- N36"39'14"E 27.19' !a�,• li .ds 9e7y ÷N.,...e Ap"a ll (t v\ Ae P.O.B. o' a �aG6je 9�.1�i. aCi� '''��„ �`°G,a �6 cvA.-', 3,., N:a 552 91s 025 �tt) •• 9r SURVEY PLAT 4!b g dr- • / (t U Q G 536.39'14'W 9.93' ` 9 ': OF A a/D "'�lr + '�e 0p '' �' 0.282 ACRE INGRESS Surveyors Certification �aJj a•1' y"alj Ody \ / Q` 5 Z..AAQ`' .`� Found 1" EGRESS EASEMENT The undersigned does hereby certify that this survey plat / \J� r, �i� icon pipe accurately represents an on the ground survey made under ✓ Je SITUATED IN THE my direct supervision on November 14,2023. OGISTER MONTEE SURVEY Found 3"Iron pipe JEFFERSON COUNTY, TEXAS beam N60*26'03"E a .Ja'a-3 DRAWN BY:RCJ FB PG:FB872-PGo59 ,!g.O F distance of 1.91 feet Q'� REV"A" NOVEMBER 20,2023 /A,P.:�G1576q'••:l"•l Ceb'..s SHEET NO.1 OF 1 JOB NO.WAS403-2214 A y` Fo.?d 1A `o.-- �*O ,yp�`s • WESLEY KYLE MAXEY ��yp��rEY ��G,��'. G �! , 653-004` ° y 5/1/2024 y 1•.'. ' Q 1 2615 Calder Ave,Suite 500 Tel:409.833.3363 19 Fssslo OI Wesley Kyoto-Maxey,RPLS .L"'SURV� . Beaumont Texas 77702 Far.409.833.0317 Registered Professional Land Surveyor No.6536 TBPE(S Frill No.10194382 srsecmnlsunreyfpreka.tros4oa(Energy Tnndarl12314(Helena Avenue)bb CADIWarklnp F16a1TepaWAS4e]-]314 area"Wasla Ske Npreas arta Cer"v PW CRASH RECOVERYAam 110t0022 • 1