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March 10, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. March 10,2025 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 COPE (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 William Spell. 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 Iof these items unless a councihnember so requests, in which event the item will be 11 removed from the Consent Agenda and considered separately. A motion was made by Councilmember Root and seconded by Councilmember Duplant to approve the Consent Agenda Item"a" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. a. Minutes—February 24, 2025 regular meeting At 4:33 p.m.,Mayor Pro Tem Sonnier lost the video feed to Council Chambers where a quorum of the City Council remained in physical attendance. Because two-way audio and video are required for.attendance.at the meeting via videoconference call under Section 551.127 of the Texas Government Code,Mayor Pro Tern Sonnier was no longer considered present at the meeting as a councilmember or able to vote on agenda items. 4. REGULAR AGENDA a. Allen Nation, Executive Director of Adaptive Sports for Kids (ASK), gave an update on the Babe Ruth Park and thanked the City for their continued support. Opening Day will be on March 22nd and he invited everyone to attend. Athletes presented t-shirts to councilmembers and took pictures. No action was necessary. Minutes continued, March 10, 2025 b. A motion was made by Councilmember Guillot and seconded by Councilmember Root to approve a proclamation in regard to "American Red Cross Month." MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,and Guillot. NOES: None. ATTENDING VIA ZOOM,AUDIO ONLY: Mayor Pro Tem Sonnier c. A motion was made by Councilmember Duplant and seconded by Councilmember Root to approve Ordinance No. 2025-04, suspending the rates proposed by Texas Gas Service Company's Gas Reliability Infrastructure Program filing made on February 11, 2025. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,and Guillot. NOES: None. ATTENDING VIA ZOOM,AUDIO ONLY: Mayor Pro Tern Sonnier d. A motion was made by Councilmember Duplant and seconded by Councilmember Guillot to approve Ordinance No. 2025-05, suspending the rates proposed by CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas Company's Gas Reliability Infrastructure Program filing made on February 18,2025. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,and Guillot. NOES: None. ATTENDING VIA ZOOM,AUDIO ONLY: Mayor Pro Tem Sonnier e. A motion was made by Councilmember Duplant and seconded by Councilmember Root to approve Ordinance No. 2025-06, establishing the hours of operation, procedures, facility rental fees, pool rental/passes, and league fees for the Nederland Recreation Center and Nederland Swimming Pool. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,and Guillot. NOES: None. ATTENDING VIA ZOOM,AUDIO ONLY: Mayor Pro Tem Sonnier f. Chris Duque, City Manager, stated a joint public hearing to receive comments regarding a proposed amendment to Appendix A—Zoning of the Nederland Code of Ordinances, amending the zoning and regulations of event centers and short-term rentals, such as Airbnb's needs to be scheduled. Staff recommends holding the joint public hearing on Monday, April 7th at 4:30PM at the Nederland City Hall. The Planning & Zoning Commission will later meet to prepare their recommendation; final action will be scheduled for a later City Council meeting. Currently,the permitted use table does not stipulate zoning regulations for event centers and short-term rentals. Last month, the NEDC Director contacted Mr. Wheeler regarding a planned event center at the old Bank of America drive-thru location(in a C- 2 "neighborhood retail" zoning area); Mr. Wheeler noted this use would need to be added to the permitted use table. Mr. Wheeler has also been contacted by a resident regarding concerns of short-term rentals (using residential property as an Airbnb) in single-family or multi-family zoning districts; this use would need to be added to the permitted use table to regulate the use or a decision made to prohibit their use in residential zones. Minutes continued, March 10, 2025 Jolie Shipley, 8765 Holmes Road, requested that this item be tabled and placed on a later agenda with more specifics. She stated Appendix A of the Code of Ordinances is not on the city's website and that the city is trying to circumvent their own rules regarding zoning.. She also requested this item be postponed until after the May election. George Wheeler, Chief Building Official, explained that after the Joint Public Hearing is held on this item, it will be addressed by the Planning and Zoning Commission and then the city council. Chris Duque, City. Manager, stated this- zoning request agenda item is related to the Nederland Economic Development Corporation's request for an event center in a C2 zoning area. The short-term rental agenda item is related to a complaint that George Wheeler received regarding Airbnb's in residential/single-family/multi- family zoned areas. This agenda item is not related to the Highway 365 or 20th St.property. A Motion was made by Councilmember Guillot and seconded by Councilmember Duplant to table Item 4.f setting a Joint Public Hearing date of April 7, 2025 for the purpose of receiving comments regarding amending Appendix A — Zoning of the Nederland Code of Ordinances, amending the zoning and regulations of event centers and short-term rentals or AirBnb's. r�T Councilmember Guillot withdrew his motion to table Item 4.f. Councilmember Duplant withdrew his motion to table Item 4.f also. No further motion was made and no action was taken. g. A motion was made by Councilmember Root and seconded by Councilmember Guillot to authorize the purchase of repairs/improvements to the City's Supervisory Control & Data Acquisition (SCADA) system for the Water Treatment Plant. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,and Guillot. NOES: None. ATTENDING VIA ZOOM,AUDIO ONLY: Mayor Pro Tern Sonnier h. A motion was made by Councilmember Duplant and seconded by Councilmember Root to authorize the purchase of a grinder pump and electrical panel for the Wastewater Treatment Plant. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,and Guillot. NOES: None. ATTENDING VIA ZOOM,AUDIO ONLY: Mayor Pro Tem Sonnier i. A motion was made by Councilmember Root and seconded by Councilmember Duplant to authorize a Request for Proposals for employee group benefits (health and dental insurances). MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,and Guillot. NOES: None. ATTENDING VIA ZOOM,AUDIO ONLY: Mayor Pro Tem Sonnier Minutes continued, March 10, 2025 j. A motion was made by Councilmember Duplant and seconded by Councilmember Root to approve a Commercial Real Estate Listing Agreement with Coldwell Banker Commercial Arnold and Associates (1308 Boston Avenue), to list this property for a minimum of $650,000, subject to final review by legal counsel. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,and Guillot. NOES: None. ATTENDING VIA ZOOM,AUDIO ONLY: Mayor Pro Tem Sonnier Jolie Shipley inquired about the proposed listing price of the property and stated that the price should be included on the listing agreement. • 5. EXECUTIVE SESSION The City Manager, Chris Duque, stated that Executive Session was not necessary. 6. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:28 p.m. on Albanese, Mayor City of Nederland,Texas l ATTEST: bLduu'ni Joni! nderwood, City Clerk City of Nederland, Texas yap �.EDP %,,,, J V/f„11,11111111\O 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 II 1/ Randy Sonnier Council Member—Ward III tita. David Guillot Council Member—Ward IV 4/ Chris Duque City Manager Joni Underwood City Clerk • Chris Leavins City Attorney +� Heather Stucker Director of Finance ✓ Gary Porter Police Chief [/ s11 Terry Morton Fire Chief Robert Woods Director of Public Works ✓ George Wheeler Building Official ✓ Molli Hall Librarian /i'. Zoom Stephanie Gaspard Human Resources Director i.J Toby Latiolais Parks Director c� Don Albanese, Mayor • Joni Unde ood, City Clerk 3-1n-2 Date ORDINANCE NO. 2025-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUSPENDING THE RATES PROPOSED BY TEXAS GAS SERVICE COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON OR ABOUT FEBRUARY 11, 2025; 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 February 11, 2025, Texas Gas Service Company ("TGS" or "Company") filed an Annual Gas Reliability Infrastructure Program ("GRIP") adjustment with the City of Nederland ("City") to increase gas rates in the Central-Gulf Service Area pursuant to Gas Utility Regulatory Act, Tex. Util. Code ("Gas Utility Regulatory Act") § 104.301; and WHEREAS, the Company proposed an effective date for the proposed increase of April 12, 2025, unless the City suspends the date for a period no longer than forty-five (45) days; and WHEREAS, the City has exclusive original jurisdiction over the rates, operations, and service of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act § 103.001; and WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and WHEREAS, the City's review of TGS's GRIP filing is limited to a ministerial review of the filing for compliance with the statute; and WHEREAS, the City finds the need to suspend the effective date of the Company's proposed rate increase for 45 days beyond the Company's proposed effective date until May 27, 2025 in order to review the Company's filing for compliance with Gas Utility Regulatory Act § 104.301; and WHEREAS, the reasonableness.of the Company's investment will be reviewed in a future base rate case where all costs included in the Company's GRIP filing will be subject to refund. 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 effective date of the Company's proposed GRIP rate increase and the proposed tariffs related thereto, is hereby suspended until May 27, 2025. Section 3. To the extent the City finds that the rates proposed ' by the Company's filing comply with Gas Utility Regulatory Act § 104.3.01, then the rates will become effective by operation of law on May 27, 2025. Section 4. 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 5. This Ordinance shall become effective from and after • its passage. PASSED AND APPROVED this 10TH day of MARCH, 2025. • A ///7Ay on Albanese,Mayor City of Nederland,Texas ATTEST: ! - i cad ikiklit.00q/ . JonVJnderwood,City Clerk 1 City of Nederland APPROVED AS TO FORM AND LEGALITY: (.2/.... . Chris Leavins,City Attorney �o\°�F�1t,5[j� ''%,, City of Nederland,Texas ;?y .° 2 1. ,lw },;t OF J. THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd.,Suite R-275 •Austin,Texas 78738 • 512/322-0019 February 24,2025 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.Kevin.Carruth Mr.Brandon Monk City Manager—City of Groves City Attorney—City of Groves 3947 Lincoln Avenue 4875 Parker Drive Groves, Texas 77619-4604 Beaumont,TX 77705 Mr. Christopher Duque Mr. Chris Leavins City Manager-City of Nederland City Attorney—City of Nederland P.O.Box 967 P,O.Box .4915 Nederland, TX 77627 Beaumont, Texas 77704-4915 Mr.Ronald Burton Ms.Roxann Cotroneo City Manager—City of Port Arthur City Attorney—City of Port Arthur P.O.Box 1089 P.O.Box 1089 Port Arthur, Texas 77640 Port Arthur, Texas 77641 Mr.Andre' Wimer Mr.Lance Bradley City Manager-City of Port Neches City Attorney—City of Port Neches' P.O.Box 758 P.O.Box 1148 Port Neches, Texas 77651 Port Neches, Texas 77651 Re: Texas Gas Service Company's 2025 GRIP Adjustment for the Incorporated Areas of the Central-Gulf Service Area Dear Cities: On or about February 11,2025,Texas Gas Service Company("TGS"or"Company")filed a Gas Reliability Infrastructure Program ("GRIP") adjustment factor with each of your • communities in its Central-Gulf Service Area ("CGSA"). The Company is authorized to make annual GRIP rate change requests pursuant to Texas law passed in 2003, Gas Utility Regulatory Act, TEX. UTIL. CODE § 104.301 ("GRIP Statute") also see Section 7.7101 of the Railroad 1 Commission of Texas ("Commission") Gas Services Division Rules.The GRIP Statute authorizes gas utility companies to request annual rate increases associated with year-to-year changes in incremental investment. The changes in investment are not subject to reasonableness review in the GRIP filing.Instead,all amounts collected under a GRIP filing are considered interim rates subject to review and refund in the Company's next base rate proceeding. The Company has determined that its capital investment in the Central-Gulf Service Area increased by$117,718,719 during calendar year 2024.The carrying cost on this incremental GRIP investment is $15,412,580 on a systeth-wide basis, of which the Company attributes $13,909,766 to customers in the incorporated areas of the CGSA. The Company's proposed interim rate adjustment would result in the following average monthly customer bill impact for each affected customer class: Customer Impact Summary CUSTOMER CLASS MONTHLY BILL INCREASE RESIDENTIAL- SMALL $3.36 RESIDENTIAL-LARGE $3.36 COMMERCIAL - SMALL $12.88 COMMERCIAL -LARGE $12.88 INDUSTRIAL $461.83 PUBLIC AUTHORITY $25.96 The GRIP Statute provides that the proposed GRIP rate surcharge will become effective 60 days from the date of the Company's filing or April 12,2025,unless suspended by the Cities. Cities may suspend the GRIP rate increase for an additional 45 days beyond the Company's proposed effective date of April 12, 2025,while reviewing the GRIP application.Attached to this letter is a Rate Ordinance for your consideration.This Rate Ordinance will suspend the GRIP rate effective date until May 27, 2025. Please remember, if your City wishes to suspend the proposed rate increase you must take action by passing the attached Rate Ordinance prior to April 12, 2025. Otherwise, the Company's requested rate increase will go into effect on April 12,2025. The review process of a GRIP filing is generally a ministerial review limited to ensuring that the GRIP filing complies with the GRIP Statute. See Atmos Energy Corp. v. Cities of Allen, 353.S.W. 3d 156 (Tex. 2011). During the suspension period,any issues related to whether the GRIP filing comports with the GRIP Statute can be reviewed so that Cities may make a final decision on this GRIP proposal. Please send a completed copy of the final Rate Ordinance to us by email to m olly@m ayh allvan d ervo ort.corn and danlawtonlawfirm@gmail.com. 2 i If there are any questions or concerns,please do not hesitate to call. Sincerely, /404 V4/101/01/t—' Molly Mayhall Vandervoort j 1 3 ORDINANCE NO. 2025-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM FILING MADE WITH THE CITY ON OR ABOUT FEBRUARY 18, 2025; 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 February 18, 2025, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed an Annual Gas Reliability Infrastructure Program ("GRIP") adjustment with the City of Nederland ("City") to increase gas rates in the Beaumont/East Texas geographic rate area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE ("Gas Utility Regulatory Act") § 104.301; and WHEREAS, the Company proposed an effective date of April 19, 2025, for the requested increase unless the City suspends the date for £ a period no longer than forty-five (45) days; and WHEREAS, the City has exclusive original jurisdiction over the rates, operations, and services df a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act § 103.001; and WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and WHEREAS, the City's review of CenterPoint's GRIP filing is limited to a ministerial review of the filing for compliance with the statute; and WHEREAS, the City finds the need to suspend the effective date of CenterPoint's requested rate increase for 45 days beyond the Company's proposed effective date until June 3, 2025, in order to review the Company's filings for compliance with Gas Utility Regulatory Act § 104.301; and WHEREAS, the reasonableness of the Company's investment will be reviewed in CenterPoint's future base rate case where all costs included in CenterPoint's GRIP filing will be subject to refund. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: J 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 effective date of the Company's proposed GRIP rate increase and the proposed tariffs related thereto, is hereby suspended until.June 3, 2025_ Section 3. To the extent the City finds that the rates proposed by CenterPoint's filing comply with Gas Utility Regulatory Act § 104.301 then the rates will become effective by operation of law on June 3, 2025. Section 4. 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 5. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED this 10TH day of MARCH, 2025. Dori Albanese,Mayor City of Nederland,Texas ATTEST: Cji1(XUJ1 P t1��Gc Joni. nderwood,City Clerk City of Nederland, APPROVED AS TO FORM AND LEGALITY: ``"annuml uq, ��IEtJ�R Chris Leavins,City Attorney � •. City of Nederland,Texas = ;�� , y;o' %��,OF 3 THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd.,Suite R-275 •Austin,Texas 78738 • 512/322-0019 February 27,2025 Via E-Mail Mr.Richard G.Baker Mr.Ronald 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,Texas 75750 Beaumont,Texas 77704 Mr.Kenneth R.Williams Mr.Paul Fukuda City Manager—City of Beaumont City Attorney—Bridge City P.O.Box 3827 260 RachaI Beaumont, Texas 77704 Post Office Box 846 Bridge City, Texas 77611 Ms.Mary Ann Powell Mr. Scott Swigert City Attorney—City of Cleveland City Manager—City of Cleveland Wortham Tower, Suite 600 907 E.Houston 2727 Allen Parkway Cleveland, Texas 77327 Houston,Texas 77019 Ms. Juanita Limon Mr.Leonard S chneider City Secretary—City of Cleveland City Attorney—City of Huntsville 907 E.Houston City Attorney—City of Riverside Cleveland,Texas 77327 Law Offices of Leonard Schneider PLLC 2261 Northpark Dr., Suite 445 Kingwood, TX 77339 Mr. Sam Masiel Mr.Tom Warner Interim City Manager—City of Huntsville City Manager—City of Liberty 1212 Ave.M 1829 Sam Houston Huntsville,Texas 77340 Liberty,Texas 77575 1 Mr.Brandon Davis Mr. Christopher Duque City Attorney—City of Liberty City Manager—City of Nederland 1517 Trinity P.O.Box 967 Liberty,Texas 77575 Nederland,Texas 77627 Mr. Chris Leavins Mr. Guy Goodson City Attorney—City of Nederland City Attorney—City of Orange P.O.Box 4915 GERNIER PLLC Beaumont, Texas 77704-4915 550 Fannin, Suite 400 Beaumont,Texas 77701 Mr.Mike Kunst Mr.Ronald Burton City Manager—City of Orange City Manager—City of Port Arthur 812 North 16th Street P.O. Box 1089 P.O.Box 520 Port Arthur, Texas 77641 Orange, Texas 77630 Ms. Roxaml Cotroneo Mayor Heidi Tutor City Attorney—City of Port Arthur City of Riverside P.O.Box 1089 P.O.Box 623 Port Arthur, Texas 77641 Riverside, TX 77637 Ms. Stormy Perez Mr. Solomon Freimuth City Secretary—City of Riverside City Attorney—City of Silsbee P.O.Box 623 P.O.Box 186 j Riverside, TX 77637 Port Neches,Texas 77651 Ms. DeeAnn Zimmerman Mr.Alex Stelly City Manager—City of Silsbee City Attorney—City of Sour Lake 105 South 3rd Street 2615 Calder Ave., Ste. 1070 Silsbee, Texas 77656 Beaumont, Texas 77702 Mr. Jack Provost City Manager—City of Sour Lake 625 Hwy 105 W Sour Lake, Texas 77659 Re: CenterPoint Energy 2025 Annual GRIP Adjustment for the Houston, Texas Coast, South Texas, and Beaumont/East Texas Geographic Rate Areas Dear Cities: On February 18, 2025, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed a Gas Reliability Infrastructure Program ("GRIP") adjustment factor with each of your communities in the 2 Company's Beauinont/East Texas geographic rate area. The Company is authorized to make annual GRIP rate change requests pursuant to Texas law passed in 2003, Gas Utility Regulatory Act, TEX. UTIL. CODE § 104.301 ("GRIP Statute") also see Section 7.7101 of the Railroad Commission of Texas("Commission") Gas Services Division Rules.The GRIP Statute authorizes gas utility companies to request annual rate increases associated with year-to-year changes in incremental investment. The changes in investment are not subject to reasonableness review in the GRIP filing. Instead,all amounts collected under a GRIP filing are considered interim rates subject to review and refund in the Company's next base rate proceeding. CenterPoint has determined that its capital investment in the Houston,Texas Coast, South Texas, and Beaumont/East Texas geographic rate areas has increased by $654,119,475 from October 2023 through December 2024. The carrying cost on this incremental GRIP investment results in the following average monthly customer bill impact for each affected customer class: Customer Impact Summary CUSTOMER CLASS MONTHLY BILL INCREASE RESIDENTIAL $2.88 GENERAL SERVICE-SMALL VOL. $5.14 GENERAL SERVICE-LARGE VOL. $61.20 The GRIP Statute provides that the proposed GR11 rate surcharge will become effective 60 days from the date of the Company's filing or April 19,2025, unless suspended by the Cities. Cities may suspend the GRIP rate increase for an additional 45 days beyond the Company's 11 proposed effective date of April 19, 2025,while reviewing the GRIP application.Attached to this letter is a Rate Ordinance for your consideration. This Rate Ordinance will suspend the GRIP rate effective date until June 3, 2025. Please remember, if your City wishes to suspend the proposed rates you must take action by passing the attached Rate Ordinance prior to April 19, 2025. Otherwise,the Company's requested rates will go into effect on April 19,2025. The review process of a GRIP filing is generally a ministerial review limited to ensuring that the GRIP filing complies with the GRIP Statute. See Atmos Energy Corp. v. Cities of Allen, 353 S.W. 3d 156 (Tex.2011). During the suspension period any issues related to whether the GRIP filing comports with the GRIP Statute can be reviewed so that the Cities may make a final decision on this GRIP proposal. Please send a completed copy of the final Rate Ordinance to by email: danlawtonlawfirm@gmail.com and molly@mayhallvandervoort.com. If there are any questions or concerns,please do not hesitate to call. Sincerely, V14/1-kiraYe-- Molly Mayhall Vandervoort 3 ORDINANCE NO. 2025-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ESTABLISHING HOURS OF OPERATION, PROCEDURES, FACILITY RENTAL FEES, POOL RENTAL/PASSES, AND LEAGUE FEES FOR THE NEDERLAND RECREATION CENTER AND THE NEDERLAND SWIMMING POOL AS SHOWN IN EXHIBIT "A"; REPEALING ORDINANCE NO. 2024-07; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS,the City Council of the City of Nederland has been presented with hours of operation, procedures, and a schedule of fees for the Nederland Recreation Center and the swimming pool for its acceptance and adoption;and WHEREAS,the City Council of the City of Nederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the hours of operation,procedures,and fee schedule for the Nederland Recreation Center and the swimming pool as shown in Exhibit"A" attached;and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The hours of operation,procedures, and fee schedules as shown in Exhibit "A"attached,which.is incorporated herein by reference,is hereby approved and adopted;and Section 2. Ordinance No. 2024,-07 shall be repealed when this Ordinance becomes effective;and Section 3. This ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 10Th day of MARCH,2025. At 9.0)-,,e4...., Don Albanese,Mayor City of Nederland,Texas ATTEST: U it Dbc/ Joni Un erwood City Clerk `"������ittili��!`"''' City of Nederland,Texas " gNCD " APPROVED AS TO FORM AND LEGALITY: =o•�Ar i . ' .oma,; :/-____47,- '::'''';,,Oi............. Chris Leavins,City Attorney City of Nederland,Texas 4 RECREATIONAL FACITILTY USE FEES __, Any and all fees may be waived at any time by city council action. i RECREATION BUILDING NON-RESIDENT FEES ___- -- [NISD Students(under 19 with valid School ID) No charge - - Daily iMonthly Quarterly (Annual Other Non-residents(full building use) _-- $8.00 - I____ - ---"_ III____ $30.00 $80.00 �$200.00 College Students $5.00 IMonthly Quarterly )Annual Hoop-N-Spike Club(Gym&Game room use only) $20.00 1$50.00 $120.00i� ________ ___ _ . t - -_ = --- - Racquetball Club(racquetball court only)available for residents and non-residents $20.00 I$50.00 $120.00 1 All patrons,resident and non-resident,must register at front desk to be granted use of facility I.D.Required for entry-no one under the age of 12 will be granted admittance without adult supervision. - - e All minors between the age of 12 and 18 can be issued an ID upon enrollment by a 1 parent/guardian. For both Nederland and Non-Nederland residents there will be a replacement 1 card fee of$8.00 if the ID is lost and the Nederland Recreation Center has to reprint an ID for t I each occurrence. RECREATION BUILDING RENTAL FEES All activities and applications must be approved by the Parks & Recreation Director before transaction is finalized. The Parks & Recreation Director retains the right to refuse facility rental to any individual or organization for any reason. All after-hour functions must be reserved five business days before desired date. _ Resident — - Current Rates I Proposed Rates I (Hourly Rates ---�� Business Hours After Hours I Deposit Business Hours After Hours 11 'Racquetball(per player,max two hours) $2.00 N/A i N/A -- --------- -- - -- ----__ - _ ___ ! Gymnasium(2-hour minimum)-After hours only 1 N/A 1$50.00 N/A I Game Room-After hours only 'N/A $50.00 I N/A jI IVan Gogh(Rooms 111/112)(3-hour minimum) `$40.00 1$50.00 I N/A -1� - I I Rembrandt(Room 129)(3 hour minimum) -$40.00 $50.00 N/A I • i Kitchen f$10.00 I$10.00 1 N/A I I t I I II Three Rooms(3-hour minimum) N/A I$150.00 I N/A - ---1 ----- 1 Vermeer(Room 124) N/A N/A 1 j -_ ..-__ —------ -- .T-_._- ._ Outdoor Facilities(permit issued) N/A N/A !--V--- -^-- 11 **Functions exceeding 75 up to 100 persons will be charged$1.00 per person over 75. - - - -- INon-Resident Current Rates - r Proposed Rates Hourly Rates -' (Business Hours After Hours Deposit Business Hours 'After Hours ftacuetball(PerPlavermaxtwohours) $4.00 N/A N/A - Gymnasium(2-hour minimum)-After hours only N/A 1$65.00 N/A Game Room-After hours only N/A $65.00 N/A [Van Gogh(Rooms 111/112)(3-hour minimum) $50.00 $65.00 N/A - Rembrandt(Room 129)(3-hour minimum) $50.00 1$65.00 1N/A —^4-- I - Kitchen- - I$15.00 I$15.00 N/A 1 r-- __ _ _I 1111II 1 _» ___ _ .-----,--.---------- 1 Three Rooms(3-hour minimum) N/A 1$195.00 N/A _J ----- --- - - -- -- - - I Vermeer(Room 124) N/A • N/A N/A Outdoor Facilities(permit issued). - N/A N/A N/A __— ..._.-__-.-_--..---.---I{ ------1111-a+ **Functions exceeding 75 up to 100 persons will be charged$2.50 per person over 75. i— VENDOR FEES FOR CITY SPECIAL EVENTS Vendor Fees for City of Nederland Parks&Recreation Special Events Vendors Food Vendors I Electrical $75.00 !$100.00 Non Electrical $50.00 - -- 1$75.00 In addition,food vendors are required to pay an additional$20 fee forJefferson County Health Department Inspection requirement. The Director of Parks&Recreation has the right to limit number of spaces available based on the need of each event.The City Iof Nederland reserves the right to refuse vendors for any event for any reason. No water services or other facilities are i guaranteed with any vendor set up or reservation.All vendors must sign a hold harmless agreement to participate.All vendors i are responsible for their own permits to participate.Non-profits willing to participate may have one non-electrical vendor space i l at no cost with the Director of Parks&Recreation approval. i Code of Conduct • A resident is considered any person that leases,rents or owns property within the city limits of Nederland. Proof of residency is required. This includes a valid Texas Driver's License or ID card issued by the Texas Department of Public Safety which shows and current address and proof of current address is also required and includes a water bill or utility bill. These items must be dated within the most recent 30 days. Failure to comply will result in non-resident fee payment for services. All those wishing to use the facility must present an ID. • Active members of the United States Armed Forces, with valid military I.D., will be given resident status for facility use and rental fees. • Alcoholic, tobacco, or electronic cigarette/vaping products of any kind are not allowed in building, no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • Minimum age for racquetball participants without adult supervision is 16 years old. O No children under the age of 12 will be allowed in the facility without a parent or guardian present at all times. • No open flames will be allowed in the park or any of its facilities. Rental Stipulations • Applications—Rental applicants are required to provide all pertinent information relating to function at time of application. Fees for an event must be paid in full in order for a date to be reserved. Renters are required to provide at least two working contact numbers; failure to provide two working phone numbers may result in an automatic cancellation, and the rental fee will be returned. Residents are not allowed to reserve for non-residents to circumvent appropriate payment. ® Applicants are required to clean up after use of the facility (put up tables and chairs, empty trash, sweep and mop). e Chaperones — For every seven children under the age of 18 in attendance at any private function, one adult must be designated by the applicant to monitor facility use.Applicants are responsible for the behavior of all guests using the facility. o Approved activities—Only approved activities will be allowed in the facility. The parks and recreation director reserves the right to define what is or is not acceptable. Anyone wishing to use the facility agrees not to enter into any other rental agreements or contract of any kind for products or services (DJs, moon bounces, tents, catering, etc.) The attendant on duty will provide answers to questions about clean-up, outline building usage, screen other patrons entering building during private functions and grant access to a telephone for emergencies only. The gym is available for athletic/recreational use only. 0 Time allotment—For all functions the attendant on duty will conduct building inspections and allow admittance into reserved room(s) 15 minutes before scheduled time of function. Any extra preparation time must be included in rental application and reservation.All clean-up and restoration must be included in allotted time of reservation. • Decorations—No glitter or confetti are allowed as decoration. No thumbtacks, hot-glue, or tape may be used to hang decorations on walls.Nothing may be hung from the ceiling tiles or ceiling grid. • Cancellations — Cancellation of facility rentals will be honored up to 14 days prior to the rental;payment will be forfeited for cancellation, for any reason,within 14 days. o Security — Security shall be defined as an off-duty law-enforcement officer appointed or approved by the Nederland Police Department Assistant Chief of Police,to be on the recreation building premises for duration of scheduled function. • All security arrangements are to be made through the Nederland Police Department's Assistant Chief or his designee. • All functions exceeding 75 people are subject to security arrangements. O Applicants are responsible for security arrangements when relevant, and must be confirmed within 24 hours of application, otherwise the function will be cancelled. O Merchant fee — Anytime the facility is used for an event that is staged for profit or fund raising, a$200.00 merchant fee will be charged. This fee is in addition to all regular fees and deposits. Ti • The director of parks and recreation reserves the right to deny use of the facility; such action may be appealed to the city council. O Food vendors are required to secure permits needed for sale of food items. O City sponsored or co-sponsored events shall not be subject to merchant fee. O Non-profit organizations — All Nederland-based non-profit organizations (youth league board, chamber of commerce committees, scout organizations, etc.)may apply for and use the Rembrandt or Van Gogh room at no charge, but are subject to recreation building schedules. The City Manager may waive any fees for non-profit organizations that are not Nederland- based; the City Manager's decision is final; and there is no appeal to his decision. O Renter of any facility of the City of Nederland Parks and Recreation Department must be on • site at all times, otherwise the party will be asked to leave the premises. Renters must provide ID upon arrival. HOURS OF OPERATION - Proposed Times Sunday Monday Tuesday Wednesday Thursday Friday Saturday < < � ---_ , City of Ned ' :- ;y� --__� L 1 Senior Salim Program ASK Swim r Senior Swim 1 �` i : Program Toddler Swim Program, '"Program ! p ; CLOSED 1O:10:A CLOSED -'m Swim Lessons '',1 LOD A C Oen 7.7 1',-3 t Al L ° Swim `=r 12:r0P 0 i, . nen Ope ' OpOpen = , Open 11am-6pm.. I1 's�3D P t;t...�..if, Private S _. Sinrim � • Swim. 1 Swim Swim, , n �: i-o t"p. , Rentals E `12pm-bpm 12j m-6pin� .z,12pm•-6pm • 12pm=6pm ` z - I - t F ,- •t . -� n, s is . `30 " 12:30-2pm D F " <4"`h q -'"r" ��i `'•E= ,-5,Y,= _ •. 'x , I' i ' . ' : Y--;'; -P 2:30-4pm ' - ;. .f-4, , •_ 4z,' :Z Pli 4:30-6pm •,, - - by ;•,, sr, �4:,, TM.K. f' }• y1'.f: POOL FEES PROPOSED .` Resident°: : N:on-R•esident: Resident .Non-Resident PRIVATE POOL PARTY 1-25 swimmers 200 ':.; :-: : :. .250 �:;$�.:�: �: .. . ... .� .. ...... . ... .. : •$2'50 26-50 swimmers _ $: :..250'' :::.;:'.$:.;'300: $300 $350. Waterslide/Rockwall Usage Fee $100 ' $100 TEN PERSON BIRTHDAY PARTY '::$;...::.100`•.: :'$.:.``.150,:`•: $100 OPEN SWIM . • ' 49 inches and up . . = • 41and up inches with adult admin .$8.00 - Under 41 inches with adult admin , : . ee:: $ .: :3:00;::: :: Free 3.00... Senior Citizen (over age of 55) _ :F ee :$ ;;,:.3:00:': ', Free; • Adult with Military ID Free::;:'; :Free:::;; Free : Free - SWI M.LESSON :, :, N/A::;`:= ::N/A : :.. -. . -N/A NSA Season Swim Passes* Single (resident): $100 Single (non-resident): $180 Family of 4(resident): $180 add$10 per additional members up to seven total Family of 4(non-resident): $280 add$10 per additional members up to seven total Monthly Swim Passes* Single (resident): $50 Single (non-resident): $100 Family of 4(resident): $100 add$10 pet additional members up to seven total F—I Family of 4(non-resident): $180 add$10 pet additional members up to seven total Replacement Pass $10 A total of 50 family passes and 25 individual passes will be available for purchase each season. Notes: Open Swim: o During the daily Open Swim,the fee for admission for residents and non-residents is half the normal price for the final hour of open swim. Single pass: o Only valid for swimmers over the age of 14. o Parent consent and emergency contact information required at application. o No admission/attendance requirements. Family passes: o All children under age of 14 require parent/guardian/adult supervision at all times,no exceptions. o Non-relative adults (baby-sitters, neighbors, etc) may be listed on application. o Additional members may be added up to seven (7)family members. Changes cannot be made to the pass during the pool season. City of Nederland Employees: o City employees and their family members residing in their household(up to 5 family members total) receive use of the swimming pool during Open Swim times at no cost. The City Manager or their designee has the discretion to define "family member residing in household".