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February 10, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 b-en- February 10, 2020 1_ MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City Office Building, 207 N. 12." Street, Nederland, Texas. See attached for quorum. The following statement was posted: "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS SY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGIJN), 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_" Z. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and 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 Mayor Pro Tem Neal and seconded by Councilmember Hollier to approve the Consent Agenda Items a-d as presented. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None_ Absent: Councilmember Austin. a. Minutes - January 27, 2020 regular meeting b. Tax Assessor Collection Report - December 2019 c. Consider action regarding a request from First Baptist Church to utilize Doornbos Park for their annual Easter Fest. 4. REGULAR AGENDA a. Recognition of retiree: Maria Fontenot, Fire Department Administrative Secretary_ The meeting was recessed between 4:33 and 4:38 to allow for cake and congratulations to Ms_ Fontenot. b. A motion was made by Councilmember Hollier and seconded by Mayor Pro Tem Neal to accept the Quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. Minutes Continued, February 10, 2020 c. A motion was made by Councilmember Root and seconded by Councilmember Hollier to accept the Quarterly Hotel Occupancy Tax Fund financial reports from the Nederland Historical Society. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. d. A motion was made by Councilmember Hollier and seconded by Councilmember Root to authorize the acceptance of the 2020 Wilton and Effie Mae Hebert Foundation grant in the amount of $46,500.00. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. e. A motion was made by Councilmember Hollier and seconded by Councilmember Root to approve Ordinance No. 2020-05, authorizing participation with other Entergy-service area cities in matters concerning Entergy Texas, Inc. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. f. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Root to authorize the solicitation of bids for water inventory items. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. g. A motion was made by Councilmember Hollier and seconded by Councilmember Root to approve a work authorization with UA Engineering, Inc. for the Wastewater Treatment Plan Rehabilitation project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. h. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Hollier to accept the Racial Profiling report from the Nederland Police Department in accordance with Article 2.132(b)(7) of the Texas Code of Criminal Procedures. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. 5. COMMUNICATION a. Miscellaneous: -Robert Woods gave a brief update on the sewerline rehabilitation project - he said the contractor will begin cleaning & TVing the lines in Priority 5 area and they are laying lining in the Priority 3 area. -The Chamber of Commerce Coffee will be in the morning at 8:00 a.m. at the Heritage Festival Pavilion. Minutes Continued, February 10, 2020 -City offices will be closed Monday in observance of President's Day. -Hooked on Fishing Not on Drugs will be held at Doornbos Park on February 22nd. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Hollier to adjourn the meeting at 4:53 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. (FNES �y' _&_410 ------_ Li:I V X441 2 _O • ky,( \ �I f, Don Albanese, Mayor G2� },, � yi .. _ City of Nederland, Texas llllllltllll\\\1 jg(14(/)1 Cit Clerk , Y City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor V Talmadge Austin Council Member-Ward I ✓ Billy Neal Council Member-Ward II Emmett Hollier Council Member-Ward III Sylvia Root Council Member-Ward IV V Chris Duque City Manager ✓ Gay Ferguson City Clerk ✓ Jesse Branick City Attorney Cheryl Dowden Director of Finance v Gary Porter Police Chief ✓ Terry Morton Fire Chief Robert Woods Director of Public Works V George Wheeler Building Official Victoria Klehn Librarian 1/ Holly Guidry Human Resources Director ✓ Joni Underwood Executive Secretary Angela Fanette Parks Director Donn Albanese, Mayor Gay Fergusd�, City er February 10, 2020 Date 1SON c0G ALLISON NATHAN GETZ ,,'' 1. TERRY WUENSCHEL � TAX ASSESSOR-COLLECTOR * \ * CHIEF DEPUTY TER' 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 $3,056,349.89, represents all taxes collected for CITY OF NEDERLAND during the month of December 2019. ( i 1- Allison Nathan Getz, P.C.C. r 1 JEFFERSON COUNTY COURTHOUSE• P.O. BOX 2112 •BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 ORDINANCE NO. 2020-0S A ORDINANCE OF THE CITY COUNCIL OF NEDERLAN D, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC_ AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2020, AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXASg FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACTg AND DECLARING AN EFFECTIVE DATE WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex_ Uri/. Code § 33.001; and 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. Uti/. Code § 33.025; and WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to litigate rate change requests in various proceedings before the Public Utility Commission of Texas or before municipalities in 2020, which may include (1) 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, and (2) various fuel cost refunds or surcharges and reconciliations; and WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2020, and may file other fuel proceedings to refund or surcharge fuel charges; and 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; and WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and _ 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. Uti/. Code § 33.023. NOW, THEREFORE, BE IT ORDAIN EU E Y THE CITY COUNCIL OF "'HOC IT!OF NEVERLAN EXAS, THAT- SECTION Y_ The City of Nederland shall participate with other Cities to intervene in ETPs 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 2020. 1 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. 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. 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 be effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas, this 10TH day of FEBRUARY, 2020. \\\„uuuwunu,, ��0 N�Sd%iy.; w: o on Alnese, Mayor ��• +����7p�' City of Nederland, Texas Cpl,,. i di ofte WA ._ ,,,,af !/ /Al . ay Fergus'.i,'ty Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes - Br ,y,fr, City Attorney Cit of N•derland, Texas 2