June 24, 2024 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
4:30 p.m. June 24,2024
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 Tern 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 Root to
approve the Consent Agenda Item"a thru c" as presented. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier, and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
a. Minutes—June 10, 2024 regular meeting
b. May 2024 Departmental Reports
c. Tax Assessor Collection Report—May 2024
4. REGULAR AGENDA
a. Appointments:
i. A motion was made by Councilmember Guillot and seconded by Mayor Pro
Tem Sonnier to re-appoint Darrell Bush to the Civil Service Commission.
MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
ii. A motion was made by Councilmember Root and seconded by Councilmember
Guillot to re-appoint Kevin Smith, Mike Louviere and Michael Whitehead to
the Zoning Board of Appeals. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None.
Minutes continued, June 24, 2024
ABSENT: Councilmember Duplant.
iii. A motion was made by Councilmember Guillot and seconded by Mayor Pro
Tem Sonnier to re-appoint David Knight, Mitch Macon, Mike Spell and Ricky
Root to the Construction Appeals Board. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root, Sonnier, and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
iv. A motion was made by Mayor Pro Tem Sonnier and seconded by
Councilmember Guillot to re-appoint Dylan Fairly, Alex Rupp, Lance Howell,
Scott Watjus and Mark Byars to the Planning and Zoning Board. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Root,Sonnier, and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
b. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root
to approve Ordinance No. 2024-14, suspending the effective date for an additional
ninety days beyond the effective date, proposed by Texas Gas Service Company, a
division of One Gas, Inc., in connection with its statement of intent to increase rates
within the incorporated areas of the Central-Gulf Coast Service area, Central Texas
service area, filed on June 3, 2024. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
c. A motion was made by Councilmember Root and seconded by Councilmember Guillot
to approve an amendment to the Clothing Allowance Standard Operating Procedure.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root,Sonnier,and Guillot.
NOES: None
ABSENT: Councilmember Duplant.
d. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root
to approve Resolution No. 2024-07, appointing a Plan Sponsor for the City's 457
deferred compensation plan with MissionSquare Retirement. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None
ABSENT: Councilmember Duplant.
e. A motion was made by Councilmember Root and seconded by Councilmember Guillot
to approve Resolution No. 2024-08, ratifying the action of the Nederland Economic
Development Corporation Board of Directors related to the incentive offered to AYG
Foods dba Layne's Chicken. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None
ABSENT: Councilmember Duplant.
f. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root
to approve Change Order No. 2 — Seattle Avenue and 27th Street Storm Sewer
Improvements project. MOTION CARRIED.
Minutes continued, June 24, 2024
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None
ABSENT: Councilmember Duplant.
g. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Guillot to approve final payment and release of retainage — Seattle Avenue and 27th
Street Storm Sewer Improvements project. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None
ABSENT: Councilmember Duplant.
h. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier
to approve Ordinance No. 2024-15, abandoning a 20' X 100' alleyway adjacent to 1023
Helena Avenue (0.0459 acre of land, part of a 20 feet wide alley in Block 4, Burson
Addition, recorded in Volume 1, Page 125, Map Records, Jefferson County, Texas) and
retaining an easement,pending legal review. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None
ABSENT: Councilmember Duplant.
Chris Duque, City Manager, stated that the abandonment of the alley will facilitate the
swapping of property with Energy Transfer; the Energy Transfer property is of greater
value and will be utilized as the City's new green waste site serving a public service. A
utility easement will remain on this property (private utilities).
i. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root
to approve a Real Estate Agreement with Energy Transfer regarding a 2.069 acre tract
of land and a 20' X 100' abandoned alley adjacent to 1023 Helena Avenue.
MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None
ABSENT: Councilmember Duplant.
Chris Duque, City Manager, stated that last year, the City approved Energy Transfer's
(ET) request to widen Helena Ave between the railroad tracks and 10th Street. The project
would widen the concrete section to the full street right-of-way and would taper as the road
approached 10th St. The project was necessary to ensure traffic interruptions were
minimalized as ET contractors' trucks make deliveries to their laydown yard that would
have access off Helena Ave through Energy Transfer's property. City staff met with the
nearby property owners; the most-impacted property would be Tees-2-Ur Door; they lost
their street parking by their new building. In its place, ET agreed to build a new concrete
parking lot in the rear of the building, which requires closing the alley.
The alley way was appraised by Cook & Associates, Inc.; the appraised value is $11,700.
Rather than purchase the alley way and then deed it to Tees-2-Ur Door, ET proposed
trading the 2.069 acre tract of land annexed into the city for the alley way. ET appraised
this tract of land, and the appraised value is greater than the appraised value of the alley
way ($327,000); because the City is gaining the property of greater value, the City will be
able, by contract, to trade the property. The City Attorney recommends approval of the
Real Estate Agreement pending final legal review and approval. Energy Transfer's
- - - —
Minutes continued, June 24, 2024
attorneys are still working on final language.
5. EXECUTIVE SESSION
The regular meeting was recessed at 4:50 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code,
Personnel—Texas Government Code, Chapter 551.074 ,Discuss Personnel
Appointments: City Clerk,Director of Finance,Police Chief, and City Attorney.
6. RECONVENE
The regular meeting was reconvened at 5:07 p.m. by Mayor Albanese.
7. APPOINTMENTS
a. A motion was made by Councilmember Guillot and seconded by Councilmember Root
to authorize the following appointments: Joni Underwood, City Clerk; Heather Stucker,
Director of Finance; Gary Porter, Police Chief; and Chris Leavins, City Attorney.
b. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier
to set salary for Mr. Leavins at $5,147.41 a month and salary for Judge Dowden at
$2,224.71 a month beginning July 1, 2024. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root,Sonnier,and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
8. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• City offices will be closed Thursday for the July 4th holiday. Garbage service will
be delayed till Friday.
• Preparations for the July 4th event at Doornbos Park are currently underway.
• Contractor crews are cleaning up the flower beds and trees on Boston Avenue.
9. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:13 p.m.
/PT
Don Albanese, Mayor
City of Nederland, Texas
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Joni nderwood, City Clerk =® ����1 4/
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City of Nederland, Texas Dc
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor
Bret Duplant Council Member-Ward I
Sylvia Root Council Member-Ward ll
Randy Sonnier Council Member-Ward III t'
David Guillot Council Member-Ward IV
Chris Duque City Manager
Joni Underwood City Clerk
Chris Leavins City Attorney
Heather Stucker Director of Finance
Gary Porter Police Chief
Terry Morton Fire Chief
Robert Woods Director of Public Works
George Wheeler Building Official
Molli Hall Librarian
Holly Guidry Human Resources Director
Toby Latiolais Parks Director
l/FFP cel a/Leo:2,1Q..
'Don Albanese, Mayor
Cidij&joiJ
Joni Underwood, City Clerk
6-24-24
Date
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TERRY WMNSCHEL4PCC
INTERIM Mao(ASSESSORCOLLECTOR
JEFFERSONCOUNTY,TEXAS-
STATE:OF TEXAS
COUNTV-OFIEFFEkSON
IL TeA-y Wupriebot 11%0.0,i #.1.p:Tc.A.5sessor-;_c oljector;of Jeffepon County,
Texas and also, by contract.or statute; the Tax A;sseaor-donector for CITY OF
NEDIERLAND,#4rm,under oath,tat this amount S148,699.20,represehis alltaxes
:ponettexl.for QTY.01E1 NEDERLANRciori600-Kaith'cif 1.Viay 2024:
ji44.2iikAfr
.Terrylkqerts'elieli
MAIL NSADPRESS * -.FA.4)..BOX 2.1ig;..,,,peAu.moNT,:Tr4As 77704-gl ig
PHYSICAL ADDRESS el 149 PEARL ' .BEAUIVIONTi'TExAs 77701
P1-lONE:409-635-851.6.• FAX:'4094335.8589
ORDINANCE NO. 2024-14
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS AUTHORIZING THE
SUSPENSION OF THE EFFECTIVE DATE FOR AN
ADDITIONAL NINETY (90) DAYS BEYOND THE
EFFECTIVE DATE PROPOSED BY TEXAS GAS
SERVICE COMPANY, A DIVISION OF ONE GAS, INC.
IN CONNECTION WITH ITS STATEMENT OF INTENT
TO INCREASE RATES WITHIN THE INCORPORATED
AREAS OF THE CENTRAL-GULF COAST SERVICE
AREA, CENTRAL TEXAS SERVICE AREA, FILED ON
JUNE 3, 2024; AUTHORIZING THE HIRING OF
LAWYERS AND RATE EXPERTS; AUTHORIZING THE
CITY'S PARTICIPATION TO THE FULL EXTENT
PERMITTED BY LAW AT THE RAILROAD
COMMISSION OF TEXAS; REQUIRING
REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; 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 June 3,2024,Texas Gas Service Company,a Division of ONE Gas,
Inc. ("TGS"or the"Company")filed a Statement of Intent with the City of Nederland ("City")to
increase gas rates within the incorporated areas of the Central-Gulf Service Area ("CTSA") by
$25.8 million per year,with a proposed effective date of July 8,2024;and
WHEREAS, the City has exclusive original jurisdiction over the rates, operations and
services of a gas utility in areas in the municipality pursuant to Texas Utilities Code§103.001;and
WHEREAS, the Texas Utilities Code § 103.021 requires a local regulatory authority to
make a reasonable determination of rate base, expenses, investment and rate of return and
retain the necessary personnel to determine reasonable rates;and
WHEREAS,the City's reasonable cost for regulatory expenses in ratemaking proceedings
shall be reimbursed by the gas utility under Texas Utilities Code§103.022;and
WHEREAS,Texas Utilities Code§104.107(a)(1)authorizes a local regulatory authority to
suspend a utility's proposed rate change for not longer than 90 days after the date the rate
change would otherwise be effective;and
WHEREAS, given the complexity of the proposed rate increase and the need to fully
review the proposed rate adjustment, it is necessary to suspend the effective date for
implementing the proposed rates until at least October 6,2024 in order to allow the City's rate
experts sufficient time to determine the merits of TGS's proposed rates;and
WHEREAS, to maximize the efficient use of resources and expertise in reviewing,
analyzing, and investigating TGS's$25.8 million rate increase request,the City's efforts will be
coordinated with similarly situated municipalities in TGS's Central-Gulf Service Area;and
WHEREAS,the City will join with other municipalities in a steering committee in order to
coordinate the hiring and direction of counsel and consultants working on behalf of the steering
committee and the City;and
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS,THAT:
Section 1. That the statement and findings set out in the preamble to this resolution
are hereby in all things approved and adopted.
Section 2. The effective date of TGS's proposed rate increase, and the proposed
tariffs related thereto, is hereby suspended for an additional ninety(90) days until October 6,
2024,in order to complete the review and investigation by the City's experts.
Section 3. The City is authorized to join with other municipalities as part of the TGS
Central-Gulf Service Area Steering Committee with the understanding that the steering
committee will provide direction and guidance to the lawyers who are representing said cities.
Section 4. The City employs The Lawton Law Firm, P.C. to represent the City with
regard to TGS's proposed rate increase before local and state regulatory authorities and any court
of law and authorizes counsel to employ such rate experts as are recommended by the Steering
Committee.
Section 5. The Steering Committee shall review the invoices of the lawyers and rate
experts for reasonableness before submitting the invoices to TGS for reimbursement.
Section 6. City's legal representatives shall have the right to obtain additional
information from TGS through the service of requests for information,which shall be responded
to within seven(7)calendar days of receipt of such requests for information.
Section 7. TGS shall reimburse the City,through the designated representative of the
Steering Committee, for the reasonable costs of attorneys and consultant fees and expenses
related thereto,upon the presentation of invoices reviewed by the Steering,Committee.
Section 8. 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 9. This ordinance shall become effective from and after its passage.
PASSED AND APPROVED this 24TH day of JUNE,2024.
48.5, zatteleAr=s2JM--4
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
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Joni(Jnderwood,City Clerk
City of Nederland,Texas
APPROVED AS 0 FORM AND LEGALITY:
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City of Nederland,Texas = •9 /'1/4 pp,:
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THE LAWTON LAW FIRM, P.C.
12600 Hill Country Blvd.,Suite R-275 •Austin,Texas 78738 • 512/322-0019
June 8,2024
Via E-Mail
Ms. Sharae Reed Mr. Kenneth R. Williams
City Attorney—City of Beaumont City Manager—City of Beaumont
P.O.Box 3827 P.O. Box 3827
Beaumont, Texas 77704 Beaumont, Texas 77704
Mr. Brandon Monk Mr. Kevin Carruth
City Attorney—City of Groves City Manager—City of Groves
4875 Parker Drive 3947 Lincoln Avenue
Beaumont, TX 77705 Groves, Texas 77619-4604
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
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.Lance Bradley Mr.Andre' Wimer
City Attorney—City of Port Neches City Manager—City of Port Neches
P.O. Box 1148 P.O.Box 758
Port Neches,Texas 77651 Port Neches, Texas 77651
Re: REVISED 2024 Statement of Intent of Texas Gas Service Company,a Division
of ONE Gas,Inc. ("TGS" or"Company") to Change Gas Utility Rates within
the Incorporated Areas of the Central-Gulf Service Area
Dear Cities:
As you may know, TGS recently filed an application with your City for an increase in gas
service rates. The total rate increase requested is $25.8 million annually, representing a 15.59%
CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION
increase in non-gas revenues. If approved,the average increase per residential customer would be
$6.26 for usage of 17 Ccf per month and$9.53 for usage of 43 Ccf per month.
TGS has proposed that the gas service rate increase become effective on July 8, 2024. As
such,the City must take action to approve,deny,modify,or suspend the rate increase request
by July~8;.;:2024. We recommend that the City suspend the effective date of the proposed rate
increase to permit time to review TGS's request and make an informed recommendation to the
City.
We are providing a proposed ordinance for your consideration that would suspend the
effective date proposed by TGS to October 6, 2024. Pursuant to Gas Utility Regulatory Act, Tex.
Util. Code § 104.107, municipal regulatory authorities may suspend the rate change proposed by
a utility up to 90 days from the effective date. Once again, this proposed ordinance must be
passed by July 8, 2024. Please forward copies of passed ordinances to us at
danlawtonlawfirm@gmail.com and molly@mayhallvandervoort.com.
The proposed ordinance also authorizes the City to join with the Steering Committee of
Cities to retain legal counsel and rate consultants, participate in the gas service rate proceeding
before the Railroad Commission and any courts, and to seek reimbursement for rate case expenses
from TGS.
Once we have had an opportunity to review the case and supporting documentation, we
will provide more information on the current rate increase request and a recommendation on the
actions to be taken.
If you have any questions or concerns,please do not hesitate to call.
Sincerely,
/s/Daniel J. Lawton
CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION 2
RESOLUTION NO. 2024-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS, APPOINTING A PLAN
SPONSOR FOR THE CITY OF NEDERLAND'S 457
DEFERRED COMPENSATION PLAN WITH
MISSIONSQUARE RETIREMENT
WHEREAS,the City of Nederland is a local government of the State of Texas and is a home rule
municipal corporation(the"CITY");and
WHEREAS, the CITY has employees rendering valuable services, and the establishment of a
deferred compensation plan for such employees serves the interests of the CITY by enabling it to provide
reasonable retirement security for its employees, by providing increased flexibility in its personnel
management system,and by assisting in the recruitment and retention of competent personnel;and
WHEREAS, the Nederland City Council determined that the establishment of a deferred
compensation plan to be administered by MissionSquare Retirement serves the above objectives;and
WHEREAS,it is necessary to update the Plan Sponsor following the retirement of Finance Director
Cheryl Dowden.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,
THAT:
Section 1. All matters stated in the recitals above are found to be true and correct.
Section 2. Finance Director Heather Stucker is appointed as the Plan Sponsor.
Section 3. The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Open Meetings Act,Texas Government Code,Chapter 551.
Section 4. This resolution shall become effective from and after its passage.
PASSED AND APPROVED by the Nederland City Council this the 24TH day of June 2024.
14"-ti
Don Albanese, Mayor
City of Nederland, Texas
ATTEST:
Joni Linderwood, City Clerk
APPROVED •S T.FORM AND LEGALITY:
Chris Lea, • , City Attorney
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RESOLUTION 2024-08
A RESOLUTION OF THE CITY OF NEDERLAND
RATIFYING THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS,the present and prospective right to gainful employment and general welfare
of the people of Nederland require as a public purpose the promotion and development of new and
expanded business enterprises;and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments,welfare,
and prosperity of its citizens;and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic
development are in the public interest and serve a public purpose in promoting the welfare of the
citizens of the City economically by the securing,and retaining of business enterprises and the
resulting maintenance of a higher level of employment,economic activity,and stability;and
WHEREAS, the citizens of the City of Nederland provided for the creation of the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described;and
WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law,its charter,bylaws and by board approval,to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS:
THAT the action of the Board of Directors of the Nederland Economic Development
Corporation("Board")relating to project costs associated with AYG dba Layne's Chicken in an
aggregate maximum amount of not more than One Hundred Thousand dollars($100,000.00),in
accordance with the terms and conditions as prescribed by the Board,is hereby ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND,TEXAS this 24th day of June ,2024 at which meeting a
quorum was present and voting.
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I on Albane e,Mayor
City of Nederland,Texas
ATTEST: '/ ^
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Joni Und! ood,City Clerk
City of Nederland,Texas
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is Le: - ,City Attorney = �4` 1' C
City of Nederland,Texas 0• J i p
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PASSED AND APPROVED ON THF SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS this_day of ,2024 at
which meeting a quorum was present and voting.
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
Joni Underwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Chris Leavins,City Attorney
City of Nederland,Texas
ORDINANCE NO. 2024-15
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS
ABANDONING AN ALLEYWAY IN THE CITY OF
NEDERLAND, JEFFERSON COUNTY, TEXAS,
RETAINING CERTAIN EASEMENT(S)
THEREOF, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City has an alleyway hereinafter described as 0.0459 acre of land, part
of a 20'wide alley in Block 4, Burson Addition, recorded in Volume 1, Page 125, Map Records,
Jefferson County, Texas; and
WHEREAS, the City of Nederland sent by certified mail a notice of the petition to all
adjoining property owners in said block, and in said notice, each property owner was given
notice that each could join in to the purchase their ten-foot (10') half of the complete twenty
feet(20')of said alleyway; and
WHEREAS, the City of Nederland has agreed to exchange this property for property
owned by Energy Transfer; Energy Transfer's property is of greater size and value and shall
be utilized for a public use—a green waste site; and
WHEREAS, the City of Nederland shall retain a twenty-foot (20') utility easement as
shown in Exhibit"B"as attached hereto, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS THAT:
Section 1. That the following described portion of said alleyways in the City of
Nederland, Jefferson County, Texas, be and it is hereby abandoned as a
twenty(20)ft. alleyway and retained as a twenty(20)ft. utility easement.
Section 2. The City shall ultimately convey said alleyway to Energy Transfer.
Section 3. That the•City of Nederland shall retain a twenty-foot (20',) utility easement
as shown in Exhibit"B".
Section 4. This ordinance shall be effective from and after its passage.
PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Nederland on this the 24TH day of JUNE, 2024.
411
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Don Albanese, Mayor
City of Nederland, Texas
ATTEST:
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Joni ' nderwood, City Clerk
City of Nederland, Texas
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nG _ :r, z.3737 Doctors Drive
Ik Port Arthur,Texas 77642
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0.0459 ACRE OF LAND
PART OF A 20' WIDE ALLEY IN BLOCK 4
BURSON ADDITION
JEFFERSON COUNTY, TEXAS
BEING 0.0459 acre of land,part of a 20' wide alley in Block 4, Burson Addition,recorded in Volume 1,
Page 125, Map Records, Jefferson County, Texas; said 0.0459 acre tract being more fully described by
metes and bounds as follows,to wit:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983,
South Central Zone, US Survey Feet, and are referenced to SmartNet, North America.
BEGINNING at a half-inch steel rod, capped and marked "H Locke", found on the Northeast line of the
20' wide alley,for the Southwest common corner of Lots 22 and 23,Block 4,and the most easterly corner
of the herein described tract; said capped-rod having coordinates of N: 13938210.98,E: 3553047.99;from
which a half-inch steel rod, capped and marked "H Locke", found on the Southwest right-of-way line of
10th Street, for the Northeast common corner of Lots 22 and 23, Block 4, bears North 36 deg. 44 min. 14
sec. East (Called North 41 deg. 13 min. 00 sec. East), a distance of 139.98' (Called 140.00'); also from
said most easterly corner, a half-inch steel rod, capped and marked"SOUTEX", found for the Southwest
common corner of Lots 1,4 and 15, Block 4, bears South 53 deg. 19 min. 46 sec. East (Called South 48
deg. 47 min. 00 sec. East), a distance of 399.67' (Called 400.00');
THENCE, South 36 deg. 36 min. 22 sec. West, crossing said 20' wide alley, a distance of 20.00' to a
half-inch steel rod, capped and marked"SOUTEX", se-t on the Southwest line of said 20' wide alley, for
the Northeast common corner of Lots 2 and 3, Block 4, the most easterly corner of Tract 1-A of a replat
recorded in File No. 2020038820, Official Public Records, Jefferson County, Texas, and the most
southerly corner of the herein described tract;from which a 5/8 inch steel rod bears South 36 deg. 57 min.
23 sec. West, a distance of 5.42';
THENCE, North 53 deg. 19 min. 46 sec. West (Called North 48 deg. 47 min. 00 sec. West), on the
Southwest line of said 20' wide alley, and the Northeast line of Tract 1-A, a distance of 99.90' (Called
100.00')to a"X"mark in concrete, set on the Southeast right-of-way line of Helena Avenue,for the most
northerly corner of Lot 1, Block 4, the most northerly corner of Tract 1-A, and the most westerly corner
of the herein described tract;from which a"X"mark in concrete,found on the intersection of the Southeast
right-of-way line of Helena Avenue and the Southwest right-of-way line of 11th Street, for the most
northerly corner of Block 5, bears South 36 deg. 41 min. 06 sec. West (Called South 41 deg. 13 min. 00
sec. West), a distance of 201.17' (Called 200.00');
THENCE, North 36 deg. 41 min. 06 sec. East (Called North 41 deg. 13 min. 00 sec. East), on the
Southeast right-of-way line of Helena Avenue, a distance of 20.00' to a half-inch steel rod, capped and
marked "SOUTEX", set on the Northeast line of said 20' wide alley, for the most westerly corner of Lot
24, Block 4, and the most northerly corner of the herein described tract;
THENCE, South 53 deg. 19 min. 46 sec. East (Called South 48 deg. 47 min. 00 sec. East), on the
Northeast line of said 20' wide alley, and the Southwest line of Lots 23 and 24, Block 4, a distance of
99.87' (Called 100.00') to the POINT OF BEGINNING, and containing 0.0459 acre of land, more or
less.
This description is based on the Land Survey made under the direct supervision of Randall Alvey Creel,
Registered Professional Land Surveyor No. 6678 on April 15, 2024.
City of Nederland
24-0124