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July 28, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 28,2025 1. MEETING The meeting was called to order at 6:00 p.m.by Mayor Darby 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 PLEDGES OF ALLEGIANCE The invocation was led by John Ortiz and the Pledges of Allegiance were led by Mayor Darby. Justice of the Peace Brad Burnett administered the oath of office to newly appointed Police Chief Rod Carroll. Chief Carroll introduced his family members and mentors in attendance, including former Police Chiefs Darrell Bush and Billy Neal. 3. CITIZEN COMMENTS There were no citizen comments received. 4. REGULAR AGENDA NEW BUSINESS a. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Ortiz to approve the Minutes of July 14, 2025 as presented. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. b. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to approve the June 2025 Departmental reports. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. c. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to receive the June 2025 Tax Assessor Collection report. MOTION CARRIED. Minutes continued, July 28, 2025 AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. d. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to receive the Consumer Confidence Report (annual Water Quality Report). MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. Robert Woods, Public Works Director,presented the 2024 annual water quality report. He noted a boil water notice from February 2024 due to freezing chemical lines,which has since been addressed. He also discussed efforts to reduce water loss and improve tracking. e. Deshaun Armstrong with Entergy requested to reschedule the presentation on storm readiness to the August 11, 2025 agenda. f. Logan Hebert, 312 N. 33rd St., expressed concerns about non-compliance with city ordinances regarding timely removal of garbage cans from the roadside. He requested stronger enforcement of the ordinance. g. Cheryl Dowden stated information on the procedures for appointing members to the various city boards had been provided to Council for their review. Mayor Darby asked if Council had reviewed the information and pointed out that some boards have specific rules on appointments and some boards do not. h. Appointments: i. A motion was made by Councilmember Sonnier to appoint Michael Bordelon, 2924 Avenue L, to serve on the Planning and Zoning Board. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ii. Action will be taken in October 2025 to appoint members to the Nederland Economic Development Commission. i. A motion was made by Councilmember Duplant and seconded by Councilmember Jones to approve the request for a Specific Use Permit to locate an automotive shop for ceramic coatings,vinyl wraps and detailing at 1837 18th St. MOTION CARRIED. AYES: Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ABSTAIN: Mayor Darby Lilei Shipley, 8567 Holmes Road,made comments regarding the lack of a comprehensive city master plan and concerns about infrastructure capacity. 2 Minutes continued, July 28, 2025 Angela Fanette, 1016 N. 31'St., commented the city needs to repair its basic services before adding additional structures or-the entire system will fail. Mayor Pro Tern Ortiz stated the city needs a master plan that is future-focused for our city to grow. Don Albanese, 2305 Allen Court, stated the city did have some meetings in past years on a master plan but it was determined that each individual plan that was already in place could be used as the city's master plan. j. A motion was made by Councilmember Sonnier and seconded by Councilmember Duplant to approve Ordinance No. 2025-12, authorizing the suspension of the effective date for an additional ninety (90) days beyond the effective date proposed by Texas Gas Service Company. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. k. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to authorize the purchase of a Chevrolet Tahoe Police Pursuit Vehicle (PPV) for the Police Department. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones, Sonnier,and Ortiz. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 6:47 p.m. by Mayor Darby for the purpose of conducting an Executive Session as authorized by Texas Government Code,Personnel— Texas Government Code, Chapter 551.074,Deliberations regarding candidates and search process for City Manager. 6. RECONVENE The regular meeting was reconvened at 7:23 p.m. by Mayor Darby. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. ADJOURN There being no further business a motion was made by Mayor Darby to adjourn the meeting at 7:23 p.m. 'kJ/AK u ey P ar.y,Mayor City of Nederland, Te .s ATTEST: , _��. Jo nderwood, City Clerk •'•Q� N City of Nederland, Texas =c;�v , Va 0 IP Qom• •••N JFFFERS®\\\ % 3 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Jeffrey P. Darby Mayor ✓ Bret Duplant Council Member-Ward I ✓ Britton Jones Council Member-Ward ll ✓ Randy Sonnier Council Member-Ward III ✓ Jeff Ortiz Council Member-Ward IV Cheryl Dowden Interim City Manager ✓ Joni Underwood City Clerk ✓ Chris Leavins City Attorney Heather Stucker Director of Finance Rod Carroll Police Chief ✓ Terry Morton Fire Chief Robert Woods Director of Public Works Jacob. NH-5- _Inspections-Adm, Sect Stuffy George Wheeler Building Official ✓ Molli Hall Librarian Stephanie Gaspard Human Resources Director ✓ Toby Latiolais Parks Director -17 / ; > /V/' . ..y, Mayor i Cm Joni Un1erwood, City Clerk 7-28-25 Date ORDINANCE NO.2025-12 ORDINANCE 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 GAS RATES, FILED ON JUNE 30, 2025; 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 30,2025,Texas Gas Service Company,a Division of ONE Gas, Inc. ("TGS" or "Company") filed a Statement of Intent with the City of Nederland("City")to increase gas rates within its Central-Gulf Service Area,West North Service Area, and Rio Grande Valley Service Area, by $41.1 million per year, with a proposed effective date of August 19,2025;and WHEREAS,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,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 November 17,2025,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$41.1 million rate increase request,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. 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 ordinance 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 November 17,2025,in order to complete the review and investigation by City's experts. 1 • Section 3. The City is authorized to join with other municipalities as part of the TGS Central-Gulf Service Area Steering Committee of Cities 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. 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 7. 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 8. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this 28th day of July,2025. . ./ //4;Ff ffrey .Darby,Mayor City of Nederland,Te as ATTEST: a ` 6o4J Joni U •erwood,City Clerk �oxuuu IIII a„q,, OF APPROVic: ED TO '•RM: zz.1 N�©`�L.'� =,-,i0-*A1,-. 7-_-.. ° : .off Chris • ns,City Attorney %, Q 5 ° %,,,FJEF � �0 2 ON Co c? 'tas r Yr I, ' "4 KATE CARROLL d ASSESSOR-COLLECTOR TAX . .os * • - * JEFFERSON COUNTY,TEXAS STATE OF TEXAS COUNTY OF JEFFERSON I,Kate Carroll,the Tax Assessor-Collector of Jefferson County,Texas and also, by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under oath, that this amount $50,170.40, represents all taxes collected for CITY OF NEDERLAND during the month of June 2025. Kate Carroll MAILING ADDRESS • P.O.Box 2112 • BEAUMONT,TEXAS 7770421 12 PHYSICAL ADDRESS •1 149 PEARL • BEAUMONT,TEXAS 77701 PHONE:409-835-8516 • Fax:409-835-8589