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February 24, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 24, 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. 12th Street, Nederland, Texas. See attached for quorum. The following statement was posted: "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY." 2. INVOCATION AND 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 Councilmember Austin and seconded by Councilmember Root to approve the Consent Agenda Items a-c as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. a. Minutes - February 10, 2020 regular meeting b. January 2020 Departmental Reports c. Tax Assessor Collection Report - January 2020 4. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Councilmember Hollier to approve a lease agreement with Nederland Babe Ruth League for use of city property located at 3300 Park Street. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. b. A motion was made by Councilmember Austin and seconded by Councilmember Hollier to amend a Partnership Agreement with Adaptive Sports for Kids. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Minutes Continued, February 24, 2020 c. A motion was made by Councilmember Root and seconded by Councilmember Hollier to declare damaged materials and furniture from the Marion & Ed Hughes Public Library as surplus. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Hollier to approve final payment and release of retainage for the Marion & Ed Hughes Public Library Roof project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. e. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Neal to approve Ordinance No. 2020-06, denying the statement of intent of CenterPoint Energy Resources to increase rates in the Beaumont/East Texas division. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. f. 2020 General Election: i. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Root to approve the Certificate of Unopposed Candidates for the general election scheduled for May 2, 2020. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. ii. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Neal to approve Ordinance No. 2020-07, declaring unopposed candidates in the May 2, 2020 general city election and cancelling said election. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. g. A motion was made by Councilmember Root and seconded by Councilmember Hollier to approve a Municipal Raw Water Supply Contract with the Lower Neches Valley Authority subject to legal review and approval. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:55 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071 - Consultation with City Attorney. 6. RECONVENE The regular meeting was reconvened at 5:29 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. Minutes Continued, February 24, 2020 7. COMMUNICATION a. Miscellaneous: • Robert Woods gave a brief update on the sewer line rehabilitation project: The 24" lining has been completed on 35th Street and Avenue C. This week they will begin work on the manhole rehabilitation. There will be a bid opening this Thursday for the street projects. • Rotary Club of Nederland and the Parks Department hosted the Hooked on Fishing Not on Drugs this past Saturday at Doornbos Park. Chris Duque thanked Parks Department, Police Department, and Fire Department for their participation in this annual event. • Next Wednesday, March 4th, Highland Park students will be at City Hall at 9:15 a.m. to tour. 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Hollier to adjourn the meeting at 5:33 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 111 Fs ▪4,4 0-11;ir "--4 • 11111e • 2 ` f\ ��l,�f:zE Lon Albanese, Mayor n.o• !��t. rd*/ 1 City of Nederland, Texas ��11�f(1l111111140 Lay Fergu'.on, City Cler City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE `PRESENT ABSENT Don Albanese Mayor �/ Talmadge Austin Council Member-Ward I V Billy Neal Council Member-Ward II Emmett Hollier Council Member-Ward III V Sylvia Root Council Member-Ward IV V Chris Duque City Manager V Gay Ferguson City Clerk i Jesse Branick City Attorney Cheryl Dowden Director of Finance GaryPorter Police Chief \/ Terry Morton Fire Chief \Z Robert Woods Director of Public Works BuildingV George Wheeler Official Victoria Klehn Librarian V Holly Guidry Human Resources Director \/ Joni Underwood Executive Secretary \ / Angela Fanette Parks Director v -eswq Air>)CA2 3----- n lbanese, Mayor 11 . , i A AiI ay Ferg !on, City C er I February 24, 2020 Date ALLISON NATHAN GETZ 'd 4, -< TERRY WUENSCHEL TAX ASSESSOR—COLLECTOR * CHIEF DEPUTY n _ ; 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 $2,270,635.96, represents all taxes collected for CITY OF NEDERLAND during the month of January 2020. 144 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 ORDINANCE NO. 2020-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS DENYING THE STATEMENT OF INTENT OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS TO INCREASE RATES IN THE BEAUMONT/EAST TEXAS DIVISION; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE WHEREAS,on or about November 14,2019,CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company")filed a Statement of Intent with the City of Nederland to increase gas rates in the Beaumont/East Texas Division Service Area by$6.816 million per year;and WHEREAS, the City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Tex. Util. Code §103.001;and WHEREAS, the Gas Utility Regulatory Act § 103.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates;and WHEREAS, the City's reasonable cost of regulatory expenses in ratemaking proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022;and WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it was necessary for the City to suspend CenterPoint's proposed effective date for 90 days;and WHEREAS, the City retained the Lawton Law Firm, P.C. to review CenterPoint's rate request and make necessary rate recommendations to the City;and WHEREAS,the Lawton Law Firm recommended that the City deny the requested Statement of Intent. The Company's requested rate of return and capital structure is inconsistent with that of similarly-situated gas distribution utilities, and the Company's requested depreciation rates rely on a depreciation study that is five years old and therefore is not representative of the Company's current invested capital. As such,the Company has failed to show that its requested rates are just and reasonable. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: Section 1. The statement set out in the preamble to this ordinance are adopted herein as if set forth herein. Section 2. CenterPoint's Statement of Intent to Increase Rates in the Beaumont/East Texas Service Area is denied. Section 3. The Company shall maintain its current rates under its currently approved rate schedules. Section 4. The Company shall promptly reimburse the City's rate case expenses,as provided by GURA§103.022(a). Section 5. 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 6. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this 24TH day of FEBRUARY,2020. OF NE' lr--.4.-- �I) CI= Don Albanese,Mayor '�4 ‘1 0G'-' /s„ .O City of Nederland,Texas ayayeLiAe4TO Fergu on,City Cle City of Nederland, APPROVED AS TO FORM AND LEGALITY: / CrArlCj/6-1 Jesse Bra City Attorney Ci y o ederland,Texas CITY OF NEDERLAND ORDINANCE NO. 2020-07 AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN THE MAY 2, 2020 GENERAL CITY ELECTION ELECTED TO OFFICE; CANCELING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the general city election was called for May 2, 2020, for the purpose of electing 2 members to the City Council; and WHEREAS, the city clerk has certified in writing that there is no proposition on the ballot, that no person has made a declaration of write-in candidacy, and that each candidate on the ballot is unopposed for election to office; and WHEREAS, under these circumstances, Subchapter C, Chapter 2, Election Code, authorizes the City Council to declare the candidates elected to office and cancel the election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS. Section 1. The following candidates, who are unopposed in the May 2, 2020, general city election, are declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Council Ward I Talmadge Austin Council Ward III Emmett Hollier Section 2. The May 2, 2020, general election is canceled, and the city clerk is directed to cause a copy of this ordinance to be posted on election day at each polling place that would have been used in the election. Section 3. It is declared to be the intent of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance is declared invalid by the judgment or decree of a court of competent jurisdiction, the invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance since the City Council would have enacted them without the invalid portion. Section 4. This ordinance shall take effect upon it final passage, and it is so ordained. `, .NE'"",,O'PASSED AND APPROVED this the 24th day of February, 2020. /,-k...• •.1ks )•.45, \1 l'': ! 'Ion Albanese, Mayor Gam•G,fir' City of Nederland,Texas 11 ay v-r;; son, City Perk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: J-.se B ck, City Attorney •ity • ederland,Texas