December 18, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m_ Oecerrmber 18, 2017
1. MEETING
The meeting was called to order at 4.30 p.m. by Mayor Nugent at the Nederland City
Office Building, 207 N. 1_2`^ Street, Nederland, Texas. See attached for (quorum.
The following statement was posted:
"RILIRSIJANT TO SECTION 30.07, PENAL CODE CTRESPASS 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 were led by Chris Ciuque, 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 Mayor Pro Tem Albanese and seconded by Councilmember Neal
to approve the Consent Agenda Items a-c as presented. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire_
Noes: None.
a. Minutes — Ciecember 1_1_, 2017 regular meeting
b. November 201_7 departmental Reports
c. Tax Assessor Collection Report - November 2017
4_ REGULAR AGENDA
a_ A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to approve a proclamation recognizing the Nederland Bulldogs football
team for winning the 201_7 Bum Phillips Bowl. MOTION CARRIED_
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, December 18, 2017
b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to accept the quarterly Hotel Occupancy Tax Fund financial report from
the Nederland Chamber of Commerce. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
c. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to authorize the submittal of the Phase II (Small) MS4 Annual Report to the
Texas Commission on Environmental Quality. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve Ordinance No. 2017-25, authorizing participation with other
Entergy-service area cities in matters concerning Entergy, Texas, Inc. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
5. COMMUNICATION
City Manager's Report:
a. Holiday Closures: December 22nd and 25th (Christmas Eve and Christmas) and
January 1st (New Year's Day)
b. Langham Singers - December 21st @ City Hall, 9:00 a.m.
c. Miscellaneous:
• Storytime with Santa - Wednesday at 10:30 a.m. at the Library
• Sink Hole on Jackson was repaired. ALLCO completed in 2 days.
• A notice will be distributed to the public regarding debris pickup. Some
households are still cleaning and clearing from the storm and some
construction materials are being put out at the street. Citizens can call in
and have a work order issued for the pickup.
6. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Mayor Pro Tern Albanese to adjourn the meeting at 4:50 p.m. MOTION
,�rRRIED.
\\.\````"����� �-k, Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
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City of N-derland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
R.A. Nugent Mayor
Talmadge Austin Council Member—Ward I V
Billy Neal Council Member—Ward II V
Don Albanese
Council Member—Ward III
Craig Belaire Council Member—Ward IV V
Chris Duque City Manager
Gay Ferguson City Clerk 7
Jesse Branick City Attorney
Cheryl Dowden Director of Finance V
Darrell Bush Police Chief VV
Gary Collins
Fire Chief
\/
Robert Woods Director of Public Works
George Wheeler Building Official
Victoria Klehn Librarian
Holly Guidry Human Resources Director `/
Joni Underwood
Executive Secretary
Angela Fanette Parks Director V
J /Mu l
R.AfNugent, r or
Ah 'A)41A.4 1 /k
Ga Ferguson,City Clerk
December 18, 2017
Date
r1►
ORDINANCE NO. 2017-25
A ORDINANCE OF THE CITY COUNCIL OF
NEDERLAND, TEXAS, AUTHORIZING
PARTICIPATION WITH OTHER ENTERGY
SERVICE AREA CITIES IN MATTERS
CONCERNING ENTERGY TEXAS, INC. AT THE
PUBLIC UTILITY COMMISSION OF TEXAS;
AUTHORIZING THE HIRING OF LAWYERS AND
RATE EXPERTS; AND AUTHORIZING THE
CITY'S PARTICIPATION TO THE FULL EXTENT
PERMITTED BY LAW AT THE PUBLIC UTILITY
COMMISSION OF TEXAS
WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer
choice has ceased due to Senate Bill 1492 and ETI will continue to be regulated
under traditional cost-of-service regulation;
WHEREAS,changes to the Public Utility Regulatory Act addressing rates
and rate proceedings will have a direct impact on ETI and customer bills during
2018 and into the future;
WHEREAS, ETI is scheduled to litigate requests in various proceedings
before the Public Utility Commission of Texas, before municipalities, or before
the Federal Energy Regulatory Commission in 2018 related to ETI's expected
rate increase request, ETI's continued integration with the Midwest
Independent System Operator ("MISO"), ETI's exit from the Entergy System
Agreement(effective August 31, 2016),various fuel cost refunds or surcharges
and reconciliations, and for any type of rate proceedings or cost adjustments,
such as a transmission cost recovery rider, a distribution cost recovery rider,
energy efficiency cost recovery factor, or hurricane restoration cost or offset
true-ups;
WHEREAS, ETI is expected to file a rate increase proceeding at the City
and before the Public Utility Commission in the second quarter of 2018;
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public
Utility Commission in February and August 2018 and to file other fuel
proceedings to refund or surcharge fuel charges;
WHEREAS, ETI is scheduled to file a proceeding to recover costs
incurred in association with its Energy Efficiency Plan as well as reconcile past
costs;
WHEREAS, Cities have the statutory right to set fair and reasonable
rates for both the Company and customers within Cities;
WHEREAS, Cities have exclusive original jurisdiction over rates,
operations, and services of an electric utility in areas in the municipality
pursuant to Tex. Util. Code § 33.001;
WHEREAS, Cities have standing in each case before the Public Utility
Commission of Texas that relates to an electric utility providing service in the
municipality pursuant to Tex. Util. Code § 33.025;
WHEREAS, Cities are entitled to reimbursement by the utility of their
reasonable rate case expenses to participate in cases that are deemed rate
proceedings pursuant to Tex. Util. Code § 33.023.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS, that:
SECTION 1. The City of Nederland shall participate with other Cities to
intervene in ETI's various rate filings related to the various fuel cost surcharges
and reconciliations, any interim or incremental surcharge proceedings or
surcharge adjustments, and for any base rate adjustment proceedings or cost
of service adjustments on file with the Public Utility Commission of Texas or
with municipalities in 2018 and seek appropriate regulatory scrutiny in any
case on file at the Federal Energy Regulatory Commission affecting the City
and its residents.
SECTION 2. The City of Nederland employs the Lawton Law Firm P.C.
to represent the City with regard to the ETI rate matters before local and Public
Utility Commission of Texas and any court of law and authorizes counsel to
employ rate experts as are recommended by the Cities' Steering Committee
to intervene in fuel or rate related proceedings at the Public Utility Commission
concerning ETI's rates charged to Texas customers.
All such actions shall be taken pursuant to the direction of the Cities'
Steering Committee. Cities'Steering Committee shall have authority to retain
rate consultants and lawyers. Cities' Steering Committee shall direct the
actions of Cities' representatives in the above proceedings. The Steering
Committee is directed to obtain reimbursement from ETI of all reasonable
expenses associated with participation in said proceedings.
SECTION 3. All such actions shall be taken pursuant to the direction
of the Cities' Steering Committee. Cities' Steering Committee shall have
authority to retain rate consultants and lawyers. Cities' Steering Committee
shall direct the action of Cities'representatives in the above proceedings. The
Steering Committee is directed to obtain reimbursement from ETI of all
reasonable expenses associated with participation in said proceedings.
SECTION 4. This Ordinance shall be effective from and after the date
of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL of the City of
Nederland, Texas, this 18TH day of DECEMBER, 2017.
<<ijlo_ R.A. " ick" ent, Mayor
v: h ICity of Neder nd, Texas
Y god a o�
a Fer on, Cler
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
%/_' / 6144
Jes - Br-9' , City Attorney
Cit of N:derland, Texas
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