January 23, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 P_m. 3anuarY 23, 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. 12r^ Street, Nederland, Texas. See attached for
quorum.
The following statement was posted:
"F.IJRSIJANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGIJN3, A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY."
2_ INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and the Pledge of Allegiance were led by Gay Ferguson, City Clerk.
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 Austin
to approve the Consent Agenda Items a-e as presented. MOTION CARRIED.
Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Selaire.
Noes: None.
Absent: Mayor Nugent.
a. Minutes — January 9, 2017 regular meeting
b. December 2016 Departmental Reports
c. Tax Assessor Collection Report - December 2016
d. Requests:
• Consider action authorizing the closure of various city streets for the Spindletop
Streetrods S. Hotrods Association car show.
• Consider action authorizing the Jefferson County Mosquito Control District to
fly at low altitudes as required for the application of pesticides for the control
of mosquitoes within the city limits of Nederland_
• Consider action approving a request from Highland Park Elementary to utilize
Doornbos Park for their Accelerated Reader program
Minutes Continued, January 23, 2017
• Consider action adjusting the deposit refund period from twelve months to six
months for 415 North 6th Street if the customer follows the prescribed deposit
policies.
e. Payments:
• UA Engineering, Inc. - $574.66, Phase II MS4 Permit Implementation Services
• Bruce's General Construction - $152,743.95, Nederland Service Center
• Brystar Contracting - $62,396.00, Boston Avenue repairs/improvements
• Schaumburg & Polk, Inc. - $8,330.00, Nederland Avenue Study project
• Schaumburg &k, Inc. - $52,038.49, Concrete Sewer Line Evaluation project
4. REGULAR AGENDA
a. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve a proclamation recognizing Larry Neumann. MOTION
CARRIED.
Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
b. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Ordinance No. 2017-02, authorizing participation with other
Entergy-service cities in matters concerning Entergy Texas, Inc. at the Public Utility
Commission of Texas and the Federal Energy Regulatory Commission in 2017.
MOTION CARRIED.
Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve a Neighborhood Empowerment Zone application for property
located at 211 Chicago. MOTION CARRIED.
Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
d. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Resolution No. 2017-01, authorizing account signers for the Mid-
County Teachers Credit Union credit card account. MOTION CARRIED.
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 re-appoint Stephanie Gallagher and Brian Gentile to the Parks Advisory
Board. MOTION CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
f. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to authorize the purchase of cover rock from Vulcan Materials Company.
MOTION CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
MIN L.
Minutes Continued, January 23, 2017
Noes: None.
Absent: Mayor Nugent.
g. Contracts:
i. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve an agreement with M. A. Energy Resources, LLC for green waste
removal services. MOTION CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
ii. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve an agreement with Air Liquide American Corporation expiring
December 31, 2023. MOTION CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
iii. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve an interlocal agreement with Region VIII Education Service
Center for purchasing - The Interlocal Purchasing System (TIPS). MOTION
CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
h. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Ordinance No. 2017-03, amending the Fiscal Year 2016-2017
budget. MOTION CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
i. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve the purchase of a Kubota tractor via the BuyBoard, HGAC, or other
state-approved contract. MOTION CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
j. Elections:
i. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve an Interlocal Agreement between the City of Nederland and the
Nederland Independent School District in regards to the 2017 election. MOTION
CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
ii. A motion was made by Councilmember Neal and seconded by Councilmember
Belaire to approve Resolution No. 2017-02, calling for an election to be held on
May 6, 2017 for the purpose of electing two Councilmembers - one from Ward I
Minutes Continued, January 23, 2017
and one from Ward III and appointing a Clerk for Early Voting. MOTION
CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
k. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Resolution No. 2017-03, authorizing the submission of a Texas
Community Development Block Grant Program application to the Texas
Department of Agriculture. MOTION CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
I. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve an increase in certification pay for Animal Control Officer, Water
Plant and Wastewater Plant Operators from $100 per month to $150 per month.
MOTION CARRIED.
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
5. COMMUNICATION:
City Manager's Report:
a. Construction Project Update - Steve Hamilton gave a brief construction
report:
• Boston Avenue Street Repairs is making good progress and should be
completed by Heritage Festival.
• Service Center is nearing completion. Final electrical has been approved
by George Wheeler and LED lighting has been hung.
• Holmes Road is still in the evaluation stage of the work. Making changes
to how it will be bid.
• Nederland Avenue - There will be a second public forum on Feb. 2 at
5:30 at City Hall.
b. Update on Recycling Program - Chris Duque reported is was necessary to
suspend the recycling program until it can be relocated to the Hardy Avenue
property. The illegal dumping was not fair to the property owner and
surrounding businesses. He also reported city staff is looking at providing a
trash collection day once a month on a Saturday to help keep trash off of the
sides of the streets.
c. Miscellaneous - Heritage Festival mixer will be tomorrow at the pavilion at
5:00 p.m.
8. ADJOURN
There being no further business a motion was made by Councilmember Austin and
seconded by Councilmember Neal to adjourn the meeting at 5:36 p.m. MOTION
CARRIED.
Minutes Continued, January 23, 2017
Ayes: Mayor Pro Tern Albanese, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Absent: Mayor Nugent.
taf—z-e //ii,_
Don Albanese, 'ayor Pro Tern
City of Nederland, Texas
A EST: �f/f
y Fergu n, City Clerk /
City of Nederland, 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 V
Craig Belaire Council Member-Ward IV
Chris Duque City Manager V
Gay Ferguson City Clerk
Jesse Branick City Attorney
Cheryl Dowden Director of Finance V
Darrell Bush Police Chief
Gary Collins Fire Chief
Steve Hamilton Director of Public Works V
George Wheeler Building Official
Victoria Klehn Librarian
Holly Guidry Human Resources Directory
Joni Underwood Executive Secretary v
Angela Fanette Parks Director
a4 ac 7s,4_9 .1"'�
-R A:Nug nt Mayer-Da"P1bccnPs-
e-
cu,Aiim
tsiv,_
a aFer Uson, City Clerk'
Y 9
January 23, 2017
Date
4,3 CO
ON
ALLISON NATHAN GETZ - 1, TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR 1 , - * CHIEF DEPUTY
\ \
TEXAS
STATE OF TEXAS
COUNTY OF JEFFERSON
1, 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 $2,628,800.04, represents all taxes collected for CITY OF NEDERLAND
during the month of December 2016.
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
Jefferson County Mosquito Control District
Organized in 1950
Kevin J. Sexton, Director ti Advisory Commission:
8905 First Street f/ Dr.M.O.Way,Chairman
Beaumont,Texas 77705 ;,• Denise Wheeler, Secretary
Phone: (409)719-5940 1 OWGeorge Mitchell
Fax: (409)727-4176 Matt Vincent
ksexton®co.iefferson.tx.us Paul Jones
Reginald Boykins Sr.
January 5,2017
Mayors Office
City of Nederland
P.O.Box 967
Nederland,TX 77627
Dear Mayor.
Each year the Jefferson County Mosquito Control District requests the governing bodies
of the different communities in Jefferson County to furnish a waiver permitting the Mosquito
Control aircraft to fly at low altitudes over the territory under their jurisdiction.
It is respectfully requested that the City Council sign the enclosed waiver granting
permission for the Jefferson County Mosquito Control District to operate aircraft over the City of
Nederland for mosquito control purposes.
Federal Regulations places the responsibility of maintaining all records and complying
with all rules and regulations upon the operator of the aircraft. This file is open at all times for
inspection.
We furthermore request that you please mail or fax over the signed copy of the waiver to
the number listed above.
If at any time you may have any questions,please contact Jerry Hinson,Chief Pilot or
Kevin J.Sexton,Director for assistance.
•)(171-
-•,YAgrinson,Chief Pilot
Cc: County Judge Jeff Branick,Jefferson County
Commissioner Eddie Arnold,Precinct 1
Commissioner Brent Weaver,Precinct 2
Commissioner Michael Sinegal,Precinct 3
Commissioner Everett Alfred,Precinct 4
1
Jefferson County Mosquito Control District
Organized in 1950
Kevin J. Sexton, Director Advisory Commission:
8905 First Street 1 1 Dr. M.O. Way, Chairman
Beaumont, Texas 77705 Denise Wheeler, Secretary
Phone: (409) 719-5940 r Or' George Mitchell
Fax: (409) 727-4176 . Matt Vincent
ksexton®co.jefferson.tx.us '- Paul Jones
Reginald Boykins Sr.
January 5, 2017
AERIAL WAIVER
Mayor's Office
City of Nederland
P.O. Box 967
Nederland, TX 77627
The Jefferson County Mosquito Control District is authorized to fly at low altitudes as
required for the application of pesticides for the control of mosquitoes within the limits of City of
Nederland, Texas. Jefferson County Mosquito Control operates in accordance with all Federal
and State Rules and Regul._,;,•ns governing this type of application.
Signature: �1�ij, I1'_�/ri •
Mayor's Office, City of Nederland, Texas
1�—
Date: J a n vArvi Q-3' !7
Jerry Hinson, Chief Pilot
Jefferson County Mosquito Control District
JWH/dw
2
INTERLOCAL AGREEMENT
Region VIII Education Service Center
TEXAS PUBLIC ENTITY OR LOCAL GOVERNMENT
(School, College, University, State, City, County, or Other Political Subdivision)
TEXAS PUBLIC ENTITY Control Number(TIPS will Assign)
Region VIII Education Service Center 225 - 950
Pittsburg, Texas County-District Number
Texas Education Code §8.002 permits regional education service centers, at the direction of the
Commissioner of Education, to provide services to assist school districts, colleges and universities in
improving student performance and increasing the efficiency and effectiveness of school, college and
university operations. In addition, authority is granted under Texas Government Code §§ 791.001 et
seq as amended to enter into Interlocal agreements with said educational entities, as well as, other
governmental entities and political subdivisions of Texas and other States. As authorized by applicable
statutes and regulations, Cooperative Purchasing Services under this agreement are extended to all
Texas State, City or County Government Agencies, or any other Government Entity as defined in the
Texas Government Code § 791.003.
This Interlocal Agreement (hereinafter the "Agreement") is effective and shall
be automatically renewed unless either party gives sixty (60) days prior written notice of non-renewal.
This Agreement may be terminated without cause by either party upon (60) days prior written notice, or
may also be determined for cause at anytime upon written notice stating the reason for and effective date
of such terminations and after giving the affected party a thirty(30)day period to cure any breach.
Statement of Services to be Performed:
Region VIII Education Service Center, by this Agreement, agrees to provide cooperative purchasing
services to the above-named public entity through a Program known as the The Interlocal Purchasing
System (TIPS) Program.
The purpose of the TIPS Program shall be to obtain substantial savings for participating School District,
University, College, Community College, City, County or Other Public Agencies through cooperative
purchasing.
Roles of the TIPS Purchasing Cooperative:
1. Provide for the organizational structure of the program.
2. Provide staff for efficient operation of the program.
3. Promote marketing of the TIPS Program.
4. Coordinate the Competitively Bid Process for all Vendor Awarded Contracts.
5. Provide members with procedures for placing orders through TIPS PO System.
6. Maintain filing system for Due Diligence Documentation.
Role of the Public Entity:
1. Commit to participate in the program by an authorized signature on membership forms.
2. Designate a Primary Contact and Secondary Contact for entity.
3. Commit to purchase products and services from TIPS Vendors when in the best interest of the
entity.
TIPS Interlocal Agreement—REVISED 12-18-2015 Page 1 of 3
4. Submit Purchase Orders and/or Vendor Contracts through the TIPS PO System by emailing the
pdf document to tipspo@tips-usa.com.
5. Accept shipments of products ordered from Awarded Vendors.
6. Process Payments to Awarded Vendors in a timely manner.
General Provisions:
The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules,
and regulations in connection with the programs contemplated under this Agreement. This Agreement is
subject to all applicable present and future valid laws governing such programs.
•
This Agreement shall be governed by the law of the State of Texas and venue shall be in the county in
which the administrative offices of RESC VIII are located which is Camp County, Texas.
This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered
by its terms, and it may not be modified in any manner without the express written consent of the Parties.
If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and
effect.
The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this
Agreement shall be paid from budgeted available funds for the current fiscal year of each such entity.
Before any party may resort to litigation, any claims, disputes or other matters in question between the
Parties to this Agreement shall be submitted to nonbinding mediation.
No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves,
their directors, officers, employees, and agents as a result of its execution of this Agreement and
performance of the functions and obligations described herein.
This Agreement may be negotiated and transmitted between the Parties by means of a facsimile
machine and the terms and conditions agreed to are binding upon the Parties.
Authorization:
Region VIII Education Service Center and The Interlocal Purchasing System (TIPS) Program have
entered into an Agreement to provide cooperative purchasing opportunities to public agencies.
This Agreement was approved by the governing boards of the respective parties at meetings that were
posted and held in accordance with the Texas Open Meetings Act, Texas Government Code ch. 551. (If
required by the entity.)
TIPS Interlocal Agreement—REVISED 12-18-2015 Page 2 of 3
The individuals signing below are authorized to do so by the respective parties to this Agreement.
Public Member Entity: Purchasing Cooperative Lead Agency:
(1;14\12 (01 �fcipy( an� Region VIII Education Service Center
Enti ame
By: C.0 By:
PUhorized ignature Authorized Signature
Title: Ma. dU prb-Tern Title: Executive Director Region VIII ESC
y
Date Date
Public Entity Contact Information
Primary Purchasing Person Name
Street Address
City, State Zip
Telephone Number
Fax Number
Primary Person Email Address
Secondary Person Name
Secondary Person Email Address
If your entity does not require you to have an Interlocal Agreement, please go to the TIPS website under
Membership and take advantage of online registration. The states of Texas and Arizona do require all
entities to have an Interlocal Agreement. Other States or governmental jurisdictions may require an
Interlocal agreement as well and you are advised to consult your legal counsel to determine the
requirements for your entity. Email completed Interlocal Agreement to tips@tips-usa.com.
TIPS Interlocal Agreement—REVISED 12-18-2015 Page 3 of 3
TIPS BOARD RESOLUTION
STATE OF TEXAS FOR: THE REGION VIII
EDUCATION SERVICE
CENTER
WHEREAS,the Board of Directors of ,Texas,
(Named Public Agency) (Cin)
pursuant to the authority granted by TEX.GOV'T CODE§791.001,et seq,desires to participate in the
TIPS Purchasing Cooperative offered by Region VIII Education Service Center,and in the
Opinion that participating in this program will be highly beneficial to the taxpayers through the anticipated
savings to be realized.
Therefore,be it RESOLVED that the requests a stated need for
(Named Public Agency)
participation in The Interlocal Purchasing System(TIPS)whereby
(Name ofAuthori_ed Person)
is authorized and directed to sign and deliver any and all necessary requests and documents in connection
therewith for and on behalf of
(Named Public Agency)
I certify that the foregoing is a true and correct original Resolution duly adopted by the
and is filed on record at the TIPS office.
(Named Public Agency)
In witness thereof,I have set my hand and signature this day of ,20
By:
(Authorized Signature)
(Printed Authorized Name)
(Title)
This!evil document will remain current on file until either party severs the aereement.
RESOLUTION NO.2017-01
A RESOLUTION AUTHORIZING
THE CITY MANAGER,CITY CLERK AND THE
DIRECTOR OF FINANCE TO SIGN DOCUMENTS
RELATING TO THE CITY'S ACCOUNT WITH
MID COUNTY TEACHERS CREDIT UNION
WHEREAS, the City has maintained a credit card account with Mid County Teachers
Credit Union since January 1994;and
WHEREAS,the signatures of individuals currently authorized are no longer employed
by the City;and
WHEREAS,Mid County Teachers Credit Union is requiring that the signature card for
the account be updated;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND,TEXAS:
THAT,the City Manager,City Clerk and the Director of Finance be authorized to sign
the account agreement and other necessary paperwork on behalf of the City.
PASSED and APPROVED this the 23r1 day of January 2017.
Altfie
City of Nederland, x'k Qy Ttis,
A iThST:
XPA
I
ay Ferg on,City lle
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Grc `
Jess; k,City Attorney
Ci of N-=erland,Texas
RESOLUTION 2017-02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON
SATURDAY, MAY 6, 2017; DESIGNATING THE POLLING
PLACE; PROVIDING FOR OTHER MATTERS RELATING TO
THE GENERAL ELECTION; AND FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland
provide that on May 6,2017 there shall be elected the following officials for this City:
One(1)Council member,Ward I
One(1)Council member,Ward Ill
WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland
further provide that the Election Code of the State of Texas is applicable to said election, and in
order to comply with said Code, a resolution should be passed establishing the procedure to be
followed in said election,and designating the voting place for said election.
NOW,THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND,TEXAS:
That all independent candidates at the election to be held on the first Saturday in May,
2017,for the above mentioned offices file their application to have their name placed on the ballot
with the City Clerk at City Hall, 207 N. 12th Street, Nederland, Texas, not later than the sixty-
second (62nd)days before the election or earlier than the 30th day before the date of the filing
deadline in accordance with Election Code Sec. 143.006 and 143.007. The earliest date for a
candidate to file same will be January 18, 2017, with the last day for filing to be February 17,
2017 at 5:00 p.m. All of said applications shall be on a form as prescribed by Section 141.031 of
the Election Code.
The order in which names of the candidates are to be printed on the ballot shall be
determined by a drawing by the City Clerk as provided by Section 52.094 of the Election Code.
The City of Nederland has one polling place located in the City Office Building, 207 N.
12th Street, Nederland,Texas. The City Clerk is hereby authorized and instructed to provide and
furnish all necessary election supplies to conduct said election.
Linda Sherman will serve as Presiding Judge and Ron Sherman will serve as alternate
Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a
number not to exceed seven(7).
The polls at the above designated polling place shall on said Election Day be open from
7:00 a.m.to 7:00 p.m.
Gay Ferguson is hereby appointed Clerk for Early Voting. The Early Voting for the above
designated election shall be at the Nederland City Office Building,207 N. 12th Street, Nederland,
Texas,and said place of Early Voting shall remain open for at least eight(8)hours on each day
for Early Voting which is not a Saturday, Sunday, or an official State holiday, beginning on the
twelfth (12th)day and continuing through the fourth (4th)day preceding the date of said election.
Said place of voting shall remain open between the hours of 8:00 a.m.and 5:00 p.m.on each day
for said Early Voting. As required under Section 85.005(d), Election Code, early voting by
personal appearance at the main early voting polling place shall be conducted for at least 12
hours on two weekdays, if the early voting period consists of six or more weekdays, therefore,
early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m.to 7:00 p.m.
on Tuesday, April 25, 2017 and Tuesday, May 2, 2017. The above described place for Early
Voting is also the Early Voting Clerk's address to which ballot applications and ballots voted by
mail may be sent.
The Early Voting Ballot Board shall be created as provided by Election Code Sec.
87.001. Linda Sherman is hereby appointed as the Presiding Judge for the Early Voting Ballot
Board. Gay Ferguson is hereby appointed to serve as the Presiding Judge of the Central
Counting Station as provided in Section 127.005 of the Election Code.
Said election shall be held in accordance with the Election Code of the State, and only
resident qualified voters of said City shall be eligible to vote at said election.
All ballots shall be prepared in accordance with Texas Election Code. Paper ballots shall
be used for early voting by mail and for provisional ballots. The Hart eSlate System shall be used
for early voting by personal appearance and voting on Election Day. The City Council hereby
adopts for use in early voting and Election Day voting the Hart eSlate System as approved by the
Secretary of State. All expenditures necessary for the conduct of the election, the purchase of
materials therefore,and the employment of all election officials is hereby authorized.
The Mayor shall give notice of this election in accordance with the terms and provisions
of Sections 4.004,83.010,85.004,and 85.007 of the Election code,and all necessary orders and
writs for said election shall be issued by the proper authority. Returns of said election shall be
made to the City Council immediately after the closing of the polls.
It is further found and determined that in accordance with the order of this governing
body, the City Clerk posted written notice of the date, place and subject of this meeting on the
bulletin board located in the City Hall, a place convenient and readily accessible to the general
public, and said notice having been posted and remaining posted continuously for at least 72
hours preceding the scheduled time of said meeting.
PASSED,APPROVED AND ADOPTED this 23rd day of January,2017.
aartA.L___
-R7-A7.1eigentrmeYor- Don Albc,hrse
City of Nederland,Texas
Ca3( it 22e,e°
Talmadg Au 'n,Ward I Councilmember Billy Neal,Viand II Councilmember
t �
Don Albanese,Ward Ill Councilmember Craig Bel,WariCouncilmember
ATTEST:
VA
Giy�errgus ,CityG /
City of Ned r�land,Texas
APPROVED AS TO FORM AND kEGALITY:
/ (y/IGC�GI
Jesse -nick, •ity orney
City o Nederla'd,Texas
RESOLUTION 2017-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A
TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF
AGRICULTURE FOR THE COMMUNITY DEVELOPMENT FUND;
AND AUTHORIZING THE CITY MANAGER TO ACT AS THE
CITY'S EXECUTIVE OFFICER AND AUTHORIZED
REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE
CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT
PROGRAM.
WHEREAS,the City Council of the City of Nederland desires to develop a viable urban community
including decent housing and a suitable living environment and expanding economic opportunities,principally
for persons of low/moderate income;and
WHEREAS,certain conditions exist which represent a threat to the public health and safety;and
WHEREAS,it is necessary and in the best interests of the City of Nederland to apply for funding under
the 2017/2018 Texas Community Development Program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:
• That a Texas Community Development Block Grant Program application for the Community
Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department
of Agriculture.
• That the City's application be placed in competition for funding under the Community Development
Fund
• That the application be for$275,000.00 of grant funds to carry out a Sewer System Improvement
Project,with matching funds of$55,000.00 provided by the City.
• That the City Council directs and designated the City Manager as the City's Chief Executive Officer
and Authorized Representative to act in all matters in connection with the application and the City's
participation on the Texas Community Development Block Grant Program.
PASSED AND APPROVED by the City Council of the City of Nederland this the 23rd day of January,
2017.
,e,
. uge ) Af 6e5-e
City of Nederland,Texas Ma-ry Pa—F041
ATTEST:
% mq�%i��V"
Gay Fergu n,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
�,. / /
Jesse B . "Attorney
City o ' land,Texas
ORDINANCE NO. 2017-02
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 AND
THE FEDERAL ENERGY REGULATORY
COMMISSION IN 2017
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
2017 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 2017 related to Eli'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 base rate proceedings or cost adjustments,such as a new base rate
increase request, 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 scheduled to file fuel factor proceedings at the Public
Utility Commission in February and August 2017, and to file other fuel
proceedings to refund or surcharge fuel charges;
WHEREAS, ETI is expected to file a proceeding for a rate change and
fuel change during 2016 to recover costs associated with new capacity
purchases;
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, and standing before each
Federal Energy Regulatory Commission case in which the City may be affected
pursuant to 18 C.F.R. § 385.214;
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND,TEXAS, that:
1
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 2017 and seek appropriate regulatory scrutiny in any
case on file at the Federal Energy Regulatory Commission affecting the City
and its residents.
The City of Nederland shall participate with other Cities to intervene in
fuel or fuel related proceedings at the Public Utility Commission and the Federal
Energy Regulatory Commission on file in 2017 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 2. 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 23RD day of JANUARY, 2017.
britt -
RA. "Dick"Nugent,flayor Main
City of Nederland, Texas Kap/fra Tem
ATTEST:
ay Ferg a on, City Cr-rk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
lArt
Jes - BraniarrCity Attorney
Cit, of Ned rland,Texas
2
THE LAWTON LAW FIRM, P.C.
12600 Hill Country Blvd.,Suite R-275 •Austin,Texas 78738 • 512/3220019 • Fax:512/329-2604
January 9,2017
Via e-mail
Mr.Richard Ferguson Mr.Tyrone Cooper
City Attorney—City of Anahuac City Attorney—City of Beaumont
City Attorney—City of Sour Lake P.O.Box 3827
13201 Northwest Freeway, Suite 300 Beaumont,Texas 77704
Houston,Texas 77040
Mr.Kyle Hayes Mr.Paul Fukuda
City Manager—City of Beaumont City Attorney—Bridge City
P.O. Box 3827 260 Rachal
Beaumont,Texas 77704 Post Office Box 846
Bridge City,Texas 77611
Ms.Kelly McDonald Mr.David Olson
City Manager—City of Cleveland City Attorney—City of Cleveland
907 E. Houston Wortham Tower, Suite 600
Cleveland,Texas 77327 2727 Allen Parkway
Houston,Texas 77019
Ms.Angela Smith Mr.Mark Winberry
City Secretary—City of Cleveland City Attorney—City of Conroe
907 E. Houston P.O. Box 3066
Cleveland,Texas 77327 Conroe,Texas 77305
Mr.Jeff Lambright Mr.David Douglas
Mayor—City of Dayton City Manager—City of Dayton
117 Cook Street 117 Cook Street
Dayton,Texas 77535 Dayton,Texas 77535
Mr.James Black Mr. D. E. Sosa
City Attorney—City of Groves City Manager—City of Groves
3535 Calder Avenue, Suite 300 P.O.Box 3286
Beaumont,TX 77706 Port Arthur,Texas 77643
Attorney-Client Privileged Communication 1
Ms.Tina Paez Ms. Yushan Chang
City of Houston Administration&Regulatory City of Houston Legal Department
Affairs Department(ARA) P.O. Box 368,Houston,Texas 77001-0368
611 Walker, 10th Floor City Hall Annex,4th Floor
Houston,Texas 77002 900 Bagby
Houston,Texas 77001-0368
Mr.Leonard Schneider Mr.Matt Benoit
City Attorney—City of Huntsville City Manager—City of Huntsville
City Attorney—City of Splendora 1212 Ave.M
Liles Parker,PLLC Huntsville,Texas 77340
800 Rockmead Dr., Ste 165
3 Kingwood Place
Kingwood,TX 77339
Mr. Gary Broz Mr.Larry L. Foerster
City Manager—City of Liberty City Attorney—City of Montgomery
1829 Sam Houston Darden,Fowler and Creighton,LLP
Liberty,Texas 77575 414 West Phillips, Suite 100
Conroe,Texas 77301
Mr.Cary Bovey Mr.Brad Stafford
Law Office of Cary L.Bovey,PLLC City Manager—City of Navasota
2251 Double Creek Dr., Suite 204 202 E. Washington
Round Rock,Texas 78664 Navasota,Texas 77868
Mr.Jesse Branick Mr.Christopher Duque
City Attorney—City of Nederland City Manager—City of Nederland
221 Hwy. 69 South, Suite 100 P.O.Box 967
Nederland,Texas 77627 Nederland,Texas 77627
Ms.Vicky Rudy Ms. Laura Calcote
City Manager—City of Oak Ridge North City Secretary—City of Oak Ridge North
Oak Ridge North 27424 Robinson Road
27424 Robinson Road Oak Ridge North,Texas 77385
Oak Ridge North,Texas 77385
Mr. Shawn Oubre Mr.Rodney Price
City Manager—City of Orange City Attorney—City of Pine Forest
803 W. Green Avenue,Room 201 City Attorney—City of Rose City
Orange,Texas 77630 P.O.Box 310
Vidor,Texas 77670
Attorney-Client Privileged Communication 2
Mr.Tommy Gunn Mr.Robbie Hood
City Attorney—City of Pinehurst City Administrator—City of Pinehurst
202 S.Border 2497 Martin Luther King Jr. Drive
Orange,Texas 77630 Orange,Texas 77630
Ms.Val Tizeno Mr.Brian McDougal
City Attorney—City of Port Arthur City Manager—City of Port Arthur
P.O.Box 1089 P.O. Box 1089
Port Arthur, Texas 77640 Port Arthur,Texas 77640
Mr. Pete Steele Mr.Andre Wimer
City Attorney—City of Port Neches City Manager—City of Port Neches
3120 Central Mall Drive 634 Avenue C
Port Arthur,Texas 77642 Port Neches,Texas 77651
Mr. Greg Smith Mr.Harry Wright
City Manager—City of Shenandoah City Attorney—City of Silsbee
29955 IH-45 N. PO Box 186
Shenandoah,Texas 77381 Port Neches,Texas 77651
Ms. DeeAnn Zimmerman Mr.Jack Provost
City Manager—City of Silsbee City Manager—City of Sour Lake
105 South 3rd Street 625 Hwy 105 W
Silsbee,Texas 77656 Sour Lake,Texas 77659
Mayor Dorothy Welch Mr. Michael Kunst
City Attorney Leonard Schneider City Manager-City of Vidor
City of Splendora 1395 N.Main St.
P.O. Box 1087 • Vidor,Texas 77662-3726
Splendora,Texas 77372
Mr.Guy N. Goodson Mayor Roy McDonald
City Attorney—City of Vidor Mayor—City of West Orange
P.O. Box 4915 2700 Western Avenue
Beaumont,Texas 77704-4915 West Orange,TX 77630
Mr.Rex Peveto Mr. Michael S. Stelly
City Attorney—City of West Orange City of West Orange,Texas
118 Border Street 2700 Austin Avenue
Orange,Texas 77630 West Orange,TX 77630
Attorney-Client Privileged Communication 3
Re: Annual Ordinance Authorizing Municipal Participation in
Regulatory Proceedings of Entergy Texas,Inc.in 2017
Steering Committee of Cities located in Entergy Texas,Inc.'s Service Territory:
With the arrival of 2017, it is once again time to authorize municipal participation in
regulatory rate proceedings involving Entergy Texas, Inc. ("ETI" or "Company") before the
Public Utility Commission of Texas ("PUCT" or "Commission"), and the Federal Energy
Regulatory Commission ("FERC"). Attached is a proposed Ordinance for your
consideration to authorize participation in rate proceedings in 2017. Please forward the
completed Rate Ordinance to us by email at dlawton arecpi.com and
molly@mayhallvandervoort.com.
It is expected that ETI will litigate a number of issues this year at the PUCT. The Entergy
System Agreement terminated effective August 31, 2016. The System Agreement had a
substantial impact on the magnitude of a number of utility charges to customers and the
termination of the System Agreement will impact consumer rates. We anticipate that ETI will
file proceedings to modify its schedules and tariffs to reflect its operations as a stand-alone
utility. The continued participation of the Cities in these proceedings is necessary to ensure that
the operations and charges of ETI to customers are not adversely affected by this change.
Over the course of the year, we also anticipate that ETI will continue to seek base rate
revenue increases from the Cities and the Public Utility Commission through incremental cost
recovery mechanisms. The Steering Committee of Cities was successful in past years limiting
ETI's requested base rate increases to reasonable revenue levels and dismissing or denying ETI's
request for purported incremental cost recovery.
We also anticipate that ETI will file various fuel proceedings throughout the year. For
several years, the Steering Committee of Cities has been able to negotiate favorable settlements
for the fuel proceedings filed by ETI. The settlements returned more money to customers and in
a more timely fashion than would have been possible through ETI's filed requests.
For instance, as a condition of the joint settlement of ETI's recent fuel reconciliation and
Transmission Cost Recovery Factor ("TCRF") proceedings, ETI is expected to submit an
application to refund/surcharge its fuel over-recovery balance of approximately $21 million plus
an agreed fuel cost disallowance of$6 million. This refund/surcharge will be in effect April—
June of 2017.
Other recent fuel cases include ETI's filed proceeding to refund approximately $56
million to customers. After reviewing the Company's application and records, the Steering
Committee of Cities was able negotiate terms for a refund of$68 million over a term of four
months. The estimated customer impact of the settlement refund reduced an average residential
customer's bill using 1000 kWh by about $9.30 a month for each of the four months of the
refund period.
•
Attorney-Client Privileged Communication 4
The continued support of each of the Cities in the Steering Committee has been
instrumental in the successful regulation of ETI and in maintaining reasonable rates for
customers within the Cities. We look forward to each City's continued participation with the
Steering Committee in the regulatory process.
If you have any questions or concerns,please call.
Sincerely,
PLi' 4z'
e J04,i/5P18m/
Daniel J. Lawton M n- v
Attorney-Client Privileged Communication 5
ORDINANCE NO.2017-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2016-
2017 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2016-20,which adopted
the Fiscal Year 2016-2017 City Budget;and,
WHEREAS, the City Council deems it necessary to amend the current budget to adjust
revenues and expenditures as set out in Attachment"A"attached hereto;and,
WHEREAS,the 2016-2017 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2017 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2016 and ending September 30,2017,and such funds are hereby appropriated as a City Council
Contingency Account for purposes approved by the City Council;and,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2016-2017 is amended to allow for adjustments in
revenues and expenditures as set out in Attachment"A."
THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed.
THAT the City Clerk shall file a true copy of this ordinance and said budget amendment
with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the
Local Government Code.
THAT,this being an ordinance not requiring publication,it shall take effect and be in force
from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
REGULAR MEETING THIS THE 23rd DAY OF JANUARY,2017.
Pe41
176111 A(h+ese
City of Nederland,Texas j'ityw�' nA
ATTEST:
/
G�y Fergu n,City Clerk ti
APPROVED AS TO FORM.AND LEGALITY:
Jesse : ,C' Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2016-2017
DATE: January 23, 2017
DEPARTMENT: Non-Departmental
FUND: Equipment Replacement-General (34)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
34-0000-6744 Miscellaneous Equipment - 22,300 22,300
TOTAL - 22,300 22,300
JUSTIFICATION
Additional funds are allocated for the purchase of a new tractor for the Parks Department.
Sufficient funds are in reserve to cover the draw down of the Equpment Replacement Fund-General fund balance.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
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