October 10, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 P_rrm_ October 10• 2022
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'h 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 CARRIEC, HANC,GUN), A PERSON LICENSEC, UNC,ER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE CHANUGIJN LICENSING
LAW3, MAY NOT ENTER THIS PROPERTY WITH A HANUGUN THAT IS CARRIED
OPENLY_"
2. INVOCATION ANC, PLEDGE OF ALLEGIANCE
The invocation and Pledge of Allegiance was led by Randy Sonnier, Councilmember
Ward III.
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 councilmen-viper so requests, in which event the item
will be removed from the Consent Agenda and considered separately.
A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root
to approve the Consent Agenda Items a-d as presented. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot_
Noes: None.
a. Minutes - September 26, 2022 regular meeting and September 19, 2022 special
meeting
b. Consider action approving a request from the Nederland Rotary Club to utilize
Ooornbos Park for their annual Hooked on Fishing, Not on Orugs (HOFNOO) event.
c. Consider action approving a request from Nederland Little Dribblers to utilize the
Nederland Recreation Center gymnasium for practices and the waiver of associated
fees
d. Consider action authorizing the closure of Boston Avenue between 15"' Street and
17i" Street and all intersections on Monday, October 31�t for the Nederland
Chamber of Commerce's Trunk-R.-Treat event.
4_ REGULAR AGENC,A
a. A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Sonnier to accept a donation from the Nederland Heritage Festival Foundation for
the Nederland Police, Fire, and Parks 8c Recreation [Departments. MOTION
CARRIED_
Minutes Continued, October 10, 2022
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
b. A motion was made by Councilmember Austin and seconded by Councilmember
Guillot to reappoint Don Albanese, Bret Duplant, and Mitch Macon to the Nederland
Economic Development Corporation Board of Directors. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
c. City of Nederland Non-Profit Partnership Grant Program:
i. A motion was made by Councilmember Guillot and seconded by Councilmember
Sonnier to approve an Agreement for Funding with the Spindletop Center
MHMR. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ii. A motion was made by Councilmember Sonnier and seconded by
Councilmember Guillot to approve an Agreement for Funding with the
Southeast Texas Nonprofit Development Center. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier.
NOES: None.
d. A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Guillot to set a deadline of November 11th for applicants of the Nederland Non-
Profit Partnership Grant Program to submit all outstanding revisions and
documents for consideration of approval of funding. Failure to do so will result in
applications being denied. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Root to approve Ordinance No. 2022-26, denying Entergy Texas, Inc's Statement
of Intent Application for Authority to Change Rates filed on July 1, 2022. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Root to repay the over-collected sales tax to the Texas Comptroller of Public
Accounts. MOTION CARRIED:
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
g. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern
Root to award a bid for the Hilldale/Hill Terrace and Nederland Avenue Drainage
project funded through the Texas General Land Office to Environmental Allies, Inc.
in the amount of $2,244,583.66 subject to final legal review and approval.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
h. A motion was made by Councilmember Sonnier and seconded by Councilmember
Guillot to approve Ordinance No. 2022-27, de-annexing 0.1888 acres of land out
Minutes Continued, October 10, 2022
of Block 18, Range G, Port Arthur Land Company Subdivision (a portion of Kirk
Gillespie's property located at 1815 Peterson Road), subject to final legal review
and approval. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
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
551.072 - Deliberations about Real Property and Chapter 551.087, Deliberations
Regarding Economic Development Negotiations.
6. RECONVENE
The regular meeting was reconvened at 5:23 p.m. by Mayor Albanese. He announced
the Executive Session was held for informational purposes only and no action is
necessary.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous: Robert Woods gave a brief construction update:
• Hardy Avenue Asphalt project is completed but contractor is working on
defective areas.
• LNVA Canal Bridge project estimated for completion by mid-November.
• Twin City Highway project having problems getting materials but estimated
to be completed by end of October.
-EDC fall concert series will continue on Thursday, October 13th
-EDC Fall Market will be Saturday, October 15th
-Meet the Candidates Forum will be Tuesday, October 11th
-Chamber of Commerce Coffee will be Tuesday, October 11th
8. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Mayor Pro Tern Root to adjourn the meeting at 5:31 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
lagtAC-z
Don Albanese, Mayor
City of Nederland, Texas
Minutes Continued, October 10, 2022
ATTEST:
Gay Fergu n, City Cler
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESET ABSENT
Don Albanese Mayor
Talmadge Austin Council Member-Ward I
Sylvia Root Council Member-Ward II V
Randy Sonnier Council Member-Ward III ✓
David Guillot Council Member-Ward IV V
Chris Duque City Manager V
Gay Ferguson City Clerk V
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance
Gary Porter Police Chief ✓
TerryMorton Fire Chief v
Robert Woods Director of Public Works v
George Wheeler BuildingOfficial V
g A /
V
Molli Hall Librarian V
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary i/
Angela Fanette Parks Director V
on Alba ese, ayor
i)eargusfcCirCity Clerk
October 10, 2022
Date
ORDINANCE NO.2022-26
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS("CITY")DENYING ENTERGY TEXAS,INC.'S,
STATEMENT OF INTENT AND APPLICATION FOR AUTHORITY
TO CHANGE RATES FILED ON JULY 1,2022; 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 July 1, 2022, Entergy Texas, Inc. ("Entergy") filed its
Statement of Intent and Application for Authority to Change Rates with the City of
Nederland("City")to increase electric rates in the Entergy Service Area by approximately
$131.4 million per year;and
WHEREAS, Cities have exclusive original jurisdiction over the rates, operations,
and services of an electric utility in areas in the municipality pursuant to Public Utility
Regulatory Act§33.001(a);and
WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory
authority to make a reasonable determination of rate bases, expenses, investment and
rate of return and retain the necessary personnel to determine reasonable rates;and
WHEREAS,the City of Nederland suspended the effective date of Entergy's rates
within its jurisdictional limits until at least November 3,2022,and hired the Lawton Law
Firm,P.C.to review Entergy's rate change request and proposed tariffs;and
WHEREAS, the expert utility rate consultants retained to review Entergy's rate
increase on behalf of the City proposed adjustments to Entergy's request profit level,
depreciation recoveries,and other cost of service items,and concluded that Entergy has
not justified the need for a rate increase;and
WHEREAS,Entergy has failed to justify increasing the rates previously determined
to be reasonable and necessary by this City and other Texas regulatory authorities;and
WHEREAS, the statutory deadline to act on Entergy's rate increase request is
November 3,2022.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:
Section 1. That the statement and findings set out in the preamble to this
Ordinance are hereby in all things approved and adopted.
Section 2. The City of Nederland hereby denies the rate increase and
proposed tariff revisions requested in Entergy's Statement of
Intent.
Section 3. Entergy is hereby ordered to continue operating under its existing
approved rates.
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.
1
PASSED AND APPROVED this 10TH day of OCTOBER,2022.
,_,:pew' v: _
f; - V`j o Mayor Don Albanese
� L� r
i
Gay Ferguson, ity Clerk
J s ran i ck-
G f far (lel)
2
ORDINANCE NO. 2022-27
AN ORDINANCE DE-ANNEXING A TRACT
COMPRISING 0.1888 ACRES OF LAND OUT OF
BLOCK 18, RANGE "G" PORT ARTHUR LAND
COMPANY SUBDIVISION; FINDING THAT THE
MEETING COMPLIES WITH THE OPEN MEETINGS
ACT; AND DECLARING AN EFFECTIVE DATE
WHEREAS, Chapter 43, Subchapter G, of the Texas Local Government
Code and Section 1.03 of the Home Rule Charter of the City of Nederland,
Texas, an incorporated city, authorizes the de-annexation of territory and
adjustment of the boundaries of the City, subject to the laws of this state.
WHEREAS, the procedures prescribed by the Texas Local Government
Code and the Home Rule Charter of the City of Nederland, Texas, and the laws
of this state have been duly followed with respect to this de-annexation; and
WHEREAS, the 0.1888 acres of land out of Block 18, Range "G" Port
Arthur Land Company Subdivision was included in the annexation approved
via Ordinance 302 that was adopted on August 23, 1977; and
WHEREAS, the property owner of the 0.1888 acres of land out of Block
18, Range "G" Port Arthur Land Company Subdivision requested the City of
Nederland de-annex this property; and
WHEREAS, the City of Nederland agrees to de-annex 0.1888 acres of
land out of Block 18, Range "G" Port Arthur Land Company Subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS THAT:
Section 1. That the statement and findings set out in the preamble to
this Ordinance are hereby in all things approved and
adopted.
Section 2. The City of Nederland de-annexes and releases 0.1888
acres of land out of Block 18, Range "G" Port Arthur Land
Company Subdivision as described in the attached "Exhibit
A".
Section 3. 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 4. This ordinance shall become effective from and after its
passage.
PASSED AND APPROVED by the City Council of the City of Nederland,
Texas, this the 10TH day of OCTOBER, 2022.
on Albanese,Mayor
City of Nederland,Texas
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$7kEitSted,-;
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/
rnor A a&L
ay Fergus•n,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse rani ity Attorney
City f derland,Texas