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March 27, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF MEUERLANU 4:30 p_m_ March 27, 2017 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Pro Tem Albanese at the Nederland City Office Building, 207 N. 12t^ Street, Nederland, Texas. See attached for quorum. The following statement was posted: "F.1JRSlJANT 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 (FiANUGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY_" 2. INVOCATION AMU PLEDGE OF ALLEGIANCE The invocation and the Pledge of Allegiance were led by Chris 'Duque, City Manager. 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 Councilmember Neal and seconded by Councilmember Bellaire to approve the Consent Agenda Items a-d as presented. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. a. Minutes — March 13, 2017 regular meeting b. February 2017 'Departmental Reports c. Tax Assessor Collection Report - February 2017 d. Payments: • UA Engineering, Inc., $792.13 - Phase II MS4 Permit Implementation Services • Schaumburg 8. Poll., Inc., $16,437.50 - Concrete Sewer Line Evaluation project • Sea-Breeze Roofing, $165,205.00 - Nederland Recreation Center Roof/Exterior Metal Repairs/Improvements project • Action Civil Engineers, PLLC, $8,000.00 - Nederland Avenue 'Drainage project • La Biche Architectural Group, Inc., $2,105.22 - Nederland Avenue Service Center Minutes Continued, March 27, 2017 4. REGULAR AGENDA a. Darla Daigle from the Rape & Suicide Crisis Center of Southeast Texas accepted the proclamation. She thanked council for supporting sexual assault awareness and prevention month. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a proclamation in regards to Sexual Assault Awareness and Prevention month. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. b. Misty Craver from Jefferson County Victims' Assistance Center accepted the proclamation and thanked Council for their continued support. She told them about the upcoming candlelight vigil and invited everyone to attend to honor victims of crime. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a proclamation in regards to National Crime Victims' Rights Week. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. c. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Resolution No. 2017-07, in regards to Senate Bill 715. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. d. Bids/Purchases: i. A motion was made by Councilmember Neal and seconded by Councilmember Austin to award a bid for Water Inventory Items to HD Supply in the amount of $107,886.87. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. ii. A motion was made by Councilmember Bellaire and seconded by Councilmember Austin to accept a bid from ProBuilders SETX, Inc. in regards to city-owned property, in the amount of $150,000.00 for a 2.146 acre tract on Avenue G (being 2.146 acres of land, part of Lot 21, 22, and 23, Block 1, Hillcrest Second Addition Acres). MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, and Belaire. Noes: Councilmember Neal. Absent: Mayor Nugent. iii. A motion was made by Councilmember Bellaire and seconded by Councilmember Neal to authorize the solicitation of bids for Holmes Road Reconstruction - Chemical Treatment for Base Repairs project. MOTION CARRIED. Minutes Continued, March 27, 2017 Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. e. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve payment and release of retainage to Bruce's General Construction on the Nederland Service Center. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. f. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Change Order #4, in the amount of $14,433.30, to the Nederland Service Center. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. g. A motion was made by Councilmember Austin and seconded by Councilmember Bellaire to approve Change Order #2, in the amount of $2,500.00, on the Nederland Recreation Center Roof/Exterior Metal Repairs/Improvements project. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. h. The regular meeting was recessed and a Public Hearing was called to order at 5:07 p.m. by Mayor Pro Tern Albanese for the purpose of discussing and receiving comments regarding the Juvenile Curfew Ordinance. Chris Duque, City Manager, reported the juvenile curfew ordinance must be renewed every three years. The City has had a curfew ordinance in place since 1987. The most recent update was in 2004 when the daytime provisions were added as a violation. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:08 p.m. by Mayor Pro Tem Albanese. i. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Ordinance No. 2017-05, Juvenile Curfew. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. j. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2017-07, approving the cost of service adjustment clause tariff proposed by Texas Gas Company on March 10, 2017. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. Minutes Continued, March 27, 2017 k. A motion was made by Councilmember Neal and seconded by Councilmember Bellaire to approve a renewal agreement for Disposal Services Agreement (landfill) dated August 1, 2005 and amended August 1, 2010 and August 1, 2012 with Republic Services, Inc. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. I. Pat O'Neill and Jeremy Triska presented the Fiscal Year 2015-2016 audit to the City Council. Mr. O'Neill reported a clean audit opinion. No single audit was required this year due to the threshold of expenditures of federal expenditures. He stated the audit adjustments listed have been recorded and there were no disagreements with managements. He thanked the staff and also council for the opportunity to perform the audit. Mayor Pro Tem Albanese commended Mr. Duque, and Ms. Dowden for their hard work. Mr. Duque thanked Ms. Dowden and the finance department for their work during the audit process. A motion was made by Councilmember Bellaire and seconded by Councilmember Neal to accept the Fiscal Year 2015-2016 audit as prepared by Wathen, DeShong &Juncker, LLP. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. 5. COMMUNICATION: City Manager's Report: a. Miscellaneous - • April 22 will be Art in the Park at Doornbos Park • April 29th Relay for Life 6. AD3OURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Austin to adjourn the meeting at 5:31 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. Don Albanese, Mayor Pro Tern City of Nederland, Texas Minutes Continued, March 27, 2017 ATTEST: Gay Ferguso , City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSE T R.A. Nugent Mayor , / Council Member—Ward I `� Talmadge Austin / Billy Neal Council Member—Ward II v Don Albanese Council Member—Ward III v Craig Belaire Council Member—Ward IV v Chris Duque City Manager Gay Ferguson City Clerk v Jesse Branick City Attorney v Cheryl Dowden Director of Finance V Darrell Bush Police Chief Gary Collins Fire Chief V Steve Hamilton Director of Public Works V George Wheeler Building Official 1 / Victoria Klehn Librarian V Holly Guidry Human Resources Director \/ Joni Underwood Executive Secretary V Angela Fanette Parks Director W 4,11 II--e,&v r p J4 A( bane,luta'oy t r T-t0' b 9-Q°4 oir Gay Fergus , City Clerk March 27, 2017 Date I 411 4�4gON ALLISON NATHAN GETZ all',. TERRY WUENSCHEL �� CHIEF DEPUTY TAX ASSESSOR-COLLECTOR ?'EXN$ STATE OF TEXAS COUNTY OF JEFFERSON I, Allison Nathan Getz, P.C.C., 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 $561,832.78, represents all taxes collected for CITY OF NEDERLAND during the month of February 2017. Itb,c2;4-4i1A44 Allison Nathan Getz, P.C.C. JEFFERSON COUNTY COURTHOUSE•P.O. BOX 2112•BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 RESOLUTION NO. 2017-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, IN REGARDS TO SENATE BILL 715 WHEREAS,Senate Bill 715,currently under consideration by the Texas Senate,would drastically reduce the City's ability to annex residential,commercial,and industrial property;and WHEREAS,the City of Nederland has three(3)industrial agreements with companies located in our extraterritorial jurisdiction(ETJ),and these companies will pay a total of$1.625 million in the Fiscal Year 2016-2017;and WHEREAS,these payments represent approximately 15.9%of the City's general fund revenues, which are used to fund police,fire,and emergency management services,as well as other necessary City services;and WHEREAS,the Nederland City Council is of the opinion that it is in the best interest of citizens of the City of Nederland to oppose Senate Bill 715 or any similar legislation that would weaken the City's ability to annex industrial properties that are located in the City's ETJ. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: Section 1. The statements and findings set out in the preamble to this resolution are hereby, in all things,approved and adopted. Section 2. The City Council opposes Senate Bill 715 or any legislation that would weaken the City's ability to annex industrial properties that are located within the City's extraterritorial jurisdiction(ETJ). PASSED AND APPROVED by the City Council of the City of Nederland this the 27TH day of March. 2017. Cle aeg7P1 boo Mores M(yW ROlehk City of Nederland, Texas ATTEST: ?kill 414i4 7//(el7/ ay Fer son, City C,Lerk APPROVED AS TO FORM AND LEGALITY: Jesse ' , City Attorney ORDINANCE NO. 2017-05 AN ORDINANCE AMENDING CHAPTER 74, DIVISION 2, OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, BY REPEALING SEC. 74-36 AND SEC. 74-37, BY ADDING NEW SECTIONS 74-36 THROUGH 74-41 TO PROVIDE CURFEW HOURS FOR MINORS AND TO REQUIRE COMPULSORY SCHOOL AGE MINORS TO BE IN SCHOOL (WITH EXCEPTIONS) AND TO IMPOSE PARENTAL DUTIES; PROVIDING FOR OFFENSES AND DEFENSES; PROVIDING FOR REPEAL OF ALL ORDINANCES AND POLICIES IN CONFLICT OR PARTS OF ORDINANCES AND POLICIES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00.; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, The City Council held a public hearing on March 27, 2017 to receive public input as to 1) the effect of this Ordinance on the City and any problems the Ordinance is intended to remedy; 2) the need, if any, to repeal the existing Ordinance No. 2008-03, as amended on April 14, 2008, establishing curfew hours for minors; 3) the need, if any, to enact this Ordinance establishing curfew hours for minors in order to satisfy constitutional requirements. WHEREAS, the City Council finds that it has a compelling interest in protecting juveniles, reducing crime, and involving parents in the control of their minor children. WHEREAS, the City Council finds that curfew hours for minors would materially assist in achieving the purposes of this Ordinance,to wit: (A)To promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the City; (B)To promote the safety and well-being of the City's youngest citizens, persons under the age of seventeen (17),whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; (C)To promote the compulsory attendance in school by school age minors; and (D)To foster and strengthen parental responsibilities for minors. 1 WHEREAS, based upon testimony provided at the public hearing, including statistical evidence supporting the position that previous juvenile curfew ordinances have reduced crime and that this Ordinance will do likewise,the City Council deems it in the public interest of the City to repeal the juvenile curfew Ordinance as delineated in Sec. 74-36 and Sec. 74-37 of the Code of Ordinances of the City of Nederland and to adopt curfew hours for minors and provisions related thereto,as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions)of the Code of Ordinances of the City of Nederland is amended by repealing the existing Sec. 74-36(Hours Established)and Sec. 74-37(Parental Responsibility). Section 2. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances of the City of Nederland is amended by adding new Sec. 74-36, Sec. 74-37, Sec. 74-38, Sec. 74-39, Sec. 74-40, Sec. 74-41, and Sec. 74-42 to read as follows: SEC.74-36.-DEFINITIONS. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly establishes a different meaning. City means the city limits of the City of Nederland,Texas. Curfew hours for minors means: Sunday 11:00 p.m.to 5:00 a.m. Monday 11:00 p.m.to 5:00 a.m. Tuesday 11:00p.m.to 5:00 a.m. Wednesday 11:00p.m.to 5:00 a.m. Thursday 11:00 p.m.to 5:00 a.m. Friday 12:00 a.m.to 5:00 a.m.; or Saturday 12:00 a.m,to 5:00 a.m. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Minor means any person under seventeen(17)years of age. Parent means a person who is: (a) A natural parent, adoptive parent, or step-parent of another person; or (b) At least eighteen (18)years of age and authorized by a parent or guardian to have the care and custody of a minor. Guardian means a person who: (a) Under court order, is the guardian of the person of a minor; or 2 (b) Is a public or private agency with whom a minor has been placed by a court. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Remain means to: (a) Linger or stay; or (b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Intentionally, knowingly, recklessly, or with criminal negligence has the meaning(s) provided in the Texas Penal Code. SEC.74-37.OFFENSES. (a) A minor who has reached the age of ten (10)years commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence remains in or upon any public place, or remains in any motor vehicle operating or parked therein or thereon, or remains on the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence permits, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain on the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of an establishment commits an offense if he or she intentionally, knowingly recklessly, or with criminal negligence allows a minor to remain upon the premises of the establishment during curfew hours for minors. SEC.74-38. DEFENSES. (a) It is a defense to prosecution under Sec. 74-37.that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, without any detour or stop; and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone of the parent/guardian authorizing the errand,the telephone number where the parent/guardian may be reached during the errand,the name of the minor, a brief description of the errand, the minor's destination(s) and the time period the minor is authorized to be engaged in the errand; (4) In a motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity,without any detour or stop; 3 (6) Engaged in, participating in or traveling to or from any event, function or activity for which application of Sec. 74-37. would contravene his rights protected by the Texas or United States Constitutions; (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the city, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same,without any detour or stop; (10) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion,freedom of speech, and the right to assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (b) It is a defense to prosecution under subsection 74-37(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours for minors and refused to leave. SEC.74-39.SCHOOL AGE MINORS TO BE IN SCHOOL. (a) Compulsory school age minor to be in attendance at school; parental duties imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any public place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day when school is in session. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from acting contrary to Sec. 74-39(a)(1). (b) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16) inclusive, is suspended or expelled from school, then each parent or guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school under(a) (1) above had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any public place at the times that the minor would have been required to be in attendance at school under(a) (1)above had he or she not been suspended or expelled. (c) No minor between the ages of ten (10) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school under(a)(1)above had he or she not been suspended or expelled. (d)Any minor who has reached the age of ten (10) years or parent or guardian of a minor who intentionally, knowingly, recklessly or with criminal negligence violates any provision of Sec. 74-39 commits an offense and, upon conviction, shall be guilty of a misdemeanor, which shall be punishable as provided in Sec. 74-41. 4 SEC.74-40.DEFENSES. (a) It is a defense to prosecution under Sec. 74-40(a)and (b)that: (1)The minor is suspended or expelled from school and is accompanied by a parent or guardian or responsible adult selected by a parent or guardian to supervise the minor; (2)The minor has been authorized by virtue of his or her regular school schedule to be off of the school campus at the time the minor is found to be at any place within the City away from the school; (3)The minor has written proof from school authorities excusing him or her from attending school at that particular time; (4)The minor is attending an official school activity off-campus; or (5)The minor is engaged in any event or circumstance provided as a defense in Sec. 74-38(a)(3)(4)(6)(7) (10)or(11)above. SEC.74-41.PENALTIES. (a)A person who violates any provision of Sec. 74-37 or Sec. 74-39 commits a Class C misdemeanor offense and, upon conviction, shall be punishable by a fine not to exceed five hundred dollars($500.00). (b)A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. (c) When required by Section 52.08 of the Texas Family code, as amended, the municipal court shall waive original jurisdictionjover a minor who violates Sec. 74-37 or Sec. 74-39 and shall refer he minor to juvenile court. SECTION 74-42. Enforcement Provisions Notwithstanding the penal effects of this article, the Chief of Police is encouraged to develop alternative enforcement strategies which may include, but need not be limited to, the return of minors to their residences, counseling with minors and their parents or guardians, the issuance of warning citations to minor's or their parents or guardians. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in uniform manner. Section 3. That all ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance, are hereby repealed,to the extent of conflict only. Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances should for any person be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. Section 5. That this being an ordinance which imposes a penalty, its caption and penalty shall be published at least twice (2) in the official newspaper of the City of Nederland. This ordinance shall take effect immediately after the last date of publication. 5 PASSED AND APPROVED by the City Council of the City of Nederland this the 27th day of March , 2017. ,may l�'✓b�,�o� avn Al banrsc City of Nederland,Texas Mayor R TeP, ATTEST: (91.EU cf.MA/i0//// Gay FerOson, City Cferk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: esse Br:ni", City Attorney City o ederland,Texas 6 ORDINANCE NO. 2017-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, APPROVING THE COST OF SERVICE ADJUSTMENT CLAUSE TARIFF PROPOSED BY TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC. ON MARCH 10, 2017; 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 March 10, 2017,Texas Gas Service Company, a division of ONE Gas, Inc. ("TGS" or "Company") proposed a Cost of Service Adjustment ("COSA") clause tariff whereby gas utility charges within the City of Nederland,Texas("City)may be adjusted without the need to file a Statement of Intent pursuant to Subchapter C of the Texas Utilities Code; and WHEREAS,City is a regulatory authority with exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act§103.001;and WHEREAS,TGS requested that its proposed COSA go into effect on April 14,2017;and WHEREAS, the City's consultant has reviewed the COSA filing and has concluded the proposed COSA allows for an expedited and less expensive rate review process than the current Statement of Intent Proceedings;and WHEREAS,the Company's annual COSA filings will be subject to review by the City,and the annual rate adjustments may be approved,approved in part,or denied consistent with the terms of the COSA. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY ORDAINS THAT: SECTION 1. The statements set out in the preamble to this Ordinance are adopted herein as if set forth herein. SECTION 2. The proposed COSA implements a mechanism to adjust gas utility charges in a manner that is just,reasonable,and in the public interest. SECTION 3. The Company's proposed COSA clause tariff is approved,effective April 14, 2017. SECTION 4. 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 5. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED THE 27TH day of MARCH,2017. 1 s APPROVED: Di,c( 11 s�� mon ie4(banCse- City of Nederland,Texas *496(96' 1 rm ATTEST: bo L3b �� Gay Fergun,City Clerk City of Nederland APPROVED AS TO FORM AND LEGALITY: Jec ,City Attorney Ci . : ederland,Texas 2 1 i REPUBLIC SERVICES AMENDMENT TO CITY OF NEDERLAND,TEXAS DISPOSAL SERVICES AGREEMENT DATED AUGUST 1,2005 AND AMENDED AUGUST 1,2010 AND AUGUST 1,2012 This Amendment to the CITY OF NEDERLAND,TEXAS DISPOSAL SERVICES AGREEMENT, DATED AUGUST 1, 2005 AND AMENDED AUGUST 1,2010 AND AUGUST 1,2012(the"Amendment") is made effective as of August 1, 2017, by and between the City of Nederland, Texas (The "City"), and Golden Triangle Landfill TX, L.P., a Delaware Limited Partnership, qualified to do and actually doing business in the state of Texas (Herein called the "Contractor"). The City and Contractor are referred to in this Agreement collectively as the"Parties"and individually as a"Party." Recitals A. The Parties entered into that certain DISPOSAL SERVICES AGREEMENT, DATED AUGUST 1, 2005 AND AMENDED AUGUST 1, 2010 AND AUGUST 1, 2012 (the "Agreement") pursuant to which Contractor agreed to provide disposal services for non-hazardous municipal solid waste as more set forth in this Agreement; and B. The Parties desire to amend the Agreement pursuant to the terms of this Amendment. Agreement NOW,THEREFORE, FOR AND IN CONSIDERATION of the respective covenants herein contained, the Parties have agreed as follows: 1. Extension of Term (Article IV Term and Termination). The term of the Agreement shall be extended for an additional period of five (5) years, and such new term will begin August 1, 2017 and continue through July 31, 2022. 2. Modification of Rates(Article III Compensation, Section 3.1(a)-(c) Disposal Rate. Rates under this Section shall be modified as follows: a. Section 3.1(a) — For disposal of compacted City waste, the disposal rate per cubic yard shall be i. Year 1 (August 1, 2017 through July 31, 2018) — Six Dollars and Twenty Cents ($6.20) per cubic yard, including Texas Commission on Environmental Quality disposal surcharges. ii. Year 2 (August 1, 2018 through July 31, 2019) - Year 1 Rates adjusted to reflect the annual change in the Consumer Price Index Consumer Price Index - All Urban Consumers, U.S. City Average, Garbage and Trash Collection Services, Not Seasonally Adjusted (Series ID CUUR0000SEHG02) iii. Year 3 (August 1, 2019 through July 31,2020)-Year 2 Rates iv. Year 4 (August 1, 2020 through July 31, 2021) - Year 3 Rates adjusted to reflect the annual change in the Consumer Price Index Consumer Price Index - All Urban Consumers, U.S. City Average, Garbage and Trash Collection Services, Not Seasonally Adjusted (Series ID CUUROOOOSEHG02) v. Year 5 (August 1, 2021 through July 31, 2022) - Year 4 Rates adjusted to reflect the annual change in the Consumer Price Index Consumer Price Index - All Urban Consumers, U.S. City Average, Garbage and Trash Collection Services, Not Seasonally Adjusted (Series ID CUUR0000SEHG02) Republic Services of Beaumont 6425 Hwy 347,Beaumont,Texas 77705 (409)721-2231—phone/(409)721-2287—fax www.republicservices.com .411 Nederland Disposal Amendment 2017 Page 2 b. Section 3.1(b) — For disposal of non-compacted City waste, the disposal rate per cubic yard shall be i. Year 1 (August 1, 2017 through July 31, 2018) — Five Dollars and Fifty Cents ($5.50) per cubic yard, including Texas Commission on Environmental Quality disposal surcharges. ii. Year 2 (August 1, 2018 through July 31, 2019) - Year 1 Rates adjusted to reflect the annual change in the Consumer Price Index Consumer Price Index - All Urban Consumers, U.S. City Average, Garbage and Trash Collection Services, Not Seasonally Adjusted (Series ID CUUR0000SEHG02) iii. Year 3 (August 1, 2019 through July 31,2020)-Year 2 Rates iv. Year 4 (August 1, 2020 through July 31, 2021) - Year 3 Rates adjusted to reflect the annual change in the Consumer Price Index Consumer Price Index - All Urban Consumers, U.S. City Average, Garbage and Trash Collection Services, Not Seasonally Adjusted (Series ID CUUR0000SEHG02) v. Year 5 (August 1, 2021 through July 31, 2022) - Year 4 Rates adjusted to reflect the annual change in the Consumer Price Index Consumer Price Index - All Urban Consumers, U.S. City Average, Garbage and Trash Collection Services, Not Seasonally Adjusted (Series ID CUUR0000SEHG02) c. Section 3.1(c) — For disposal of Municipal Sludgecake generated by the City waste, the disposal rate per cubic yard shall be i. Year 1 (August 1, 2017 through July 31, 2018) — Seven Dollars and Five Cents ($7.05) per cubic yard, including Texas Commission on Environmental Quality disposal surcharges. ii. Year 2 (August 1, 2018 through July 31, 2019) - Seven Dollars and Forty Cents ($7.40) per cubic yard, including Texas Commission on Environmental Quality disposal surcharges. iii. Year 3 (August 1, 2019 through July 31, 2020) - Seven Dollars and Seventy Five Cents ($7.75) per cubic yard, including Texas Commission on Environmental Quality disposal surcharges. iv. Year 4 (August 1, 2020 through July 31, 2021) - Eight Dollars and Fifteen Cents ($8.15) per cubic yard, including Texas Commission on Environmental Quality disposal surcharges. v. Year 5 (August 1, 2021 through July 31, 2022) - Eight Dollars and Fifty Five Cents ($8.55) per cubic yard, including Texas Commission on Environmental Quality disposal surcharges. 3. Modification of Rates(Article Ill Compensation,Section 3.2 Cost Adjustment a. Section 3.2(e) — Paragraph is amended to read: In addition to the rates set forth in Sections 3.1a, 3.1b and 3.1c, the Contractor may petition MCML or the Cities at reasonable times for additional rate adjustments on the basis of unusual changes in its costs of operations, such as revised laws, ordinances or regulations and for other valid reasons. Nothing herein; however shall obligate MCML or any City to approve such adjustments. 4. Recitals. The Recitals set forth above are true and accurate, and are hereby incorporated into this Amendment by this reference. 5. References to Contractor. The Parties agree that all references to "Contractor" in the Agreement,as amended, shall mean Golden Triangle Landfill TX, L.P. 6. Conflict in Terms. In the case of a conflict in terms between this Amendment and any Contract Documents,this Amendment shall prevail. Nederland Disposal Agreement 2017 Page 3 IN WITNESS WHEREOF, the Parties have executed this Amendment in duplicate conformed originals as of the date first set forth above. Contractor: CITY: Golden Triangle Landfill TX, L.P. City of Nederland,Texas By: By: e fi 6. Name:William Voicitman Name: R, As w kg:A Title: Division General Manager Title: Hakim/ Date: Date: Hatt 1, 200 r, r '