June 22, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m_ June 12, 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. 12t" Street, Nederland, Texas. See attached for quorum.
The Following statement was posted:
"PIJRSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANUGIJN3, A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANUGUN LICENSING
LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY."
2. INVOCATION AMC, PLEDGE OF ALLEGIANCE
A moment of silence for Clarence R. Mostyn, Jr. who passed away on June 10, 2017,
and the Pledge of Allegiance were led by Chris Duque, 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 Councilmember Neal and seconded by Mayor Pro Tem Albanese
to approve the Consent Agenda Items a-c as presented. MOTION CARRIED_
Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire.
Noes: None.
Absent: Councilmember Austin.
a. Minutes — May 22, 2017 regular meeting
b. Consider action regarding a request from the Nederland Independent School District
to utilize the Nederland Swimming Pool for a summer recreation swim day.
c. Payments:
• La Biche Architectural Group, Inc. - $1,010.33, Nederland Service Center
▪ UA Engineering, Inc. - $2,858.24, Phase II MS4 Permit Implementation
Services
4_ REGULAR AGENDA
a_ A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember
Belaire to approve a proclamation recognizing David Varnado. MOTION
CARRIED_
Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire_
Minutes Continued, June 12, 2017
Noes: None.
Absent: Councilmember Austin.
The meeting was recessed from 4:41 p.m. to 4:56 p.m. for congratulations to Mr.
Varnado.
b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve final payment and release of retainage for the Nederland
Swimming Pool Re-surfacing project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire.
Noes: None.
Absent: Councilmember Austin.
c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to approve an agreement to provide fire protection services to the
Industrial Safety Training Council. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire.
Noes: None.
Absent: Councilmember Austin.
d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to approve Ordinance No. 2017-11, approving the rates proposed by
CenterPoint Energy Resources Corp. dba CenterPoint Energy Entex and CenterPoint
Energy Texas Gas Company's Gas Reliability Infrastructure Program filing made on
March 30, 2017. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire.
Noes: None.
Absent: Councilmember Austin.
e. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to award a bid in the amount of $167,579.74 to Hayden Paving for the
2017 Hot Mix Overlay project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire.
Noes: None.
Absent: Councilmember Austin.
f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to approve the Preliminary Plat of N &P Addition, a private duplex subdivision.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire.
Noes: None.
Absent: Councilmember Austin.
g. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to approve a minor plat request of the 3200 block of Avenue G, described as
2.146 acres of land, Lots 1 through 10, re-plat of Lots 21, 22, & 23, Block 1,
Hillcrest Second Addition Acres to be known as Tran Place. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire.
Noes: None.
Absent: Councilmember Austin.
h. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve the re-plat request of Tracts 2 & 3 North 70 feet of Block 9,
Minutes Continued, June 12, 2017
McCauley Addition, and Tract 4 South 75 feet of the North 145 feet of Block 9,
McCauley Addition. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, and Albanese.
Noes: Councilmember Belaire.
Absent: Councilmember Austin.
i. Chris Duque, City Manager reviewed the history over the past 5 years regarding
the structure located at 2423 Nederland Avenue. Mr. Waleed Khan was at the
meeting to give an update of the construction process. Mr. Duque recommended
no action be taken at this meeting and have a discussion in Executive Session.
Mr. Waleed Kahn, 755 Evening View, Port Neches, TX 77651, reported he is having
legal issues with the deed but is working with an attorney to correct it.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:18 p.m. by Mayor Nugent 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 5:32 by Mayor Nugent. He announced the
Executive Session was held for informational purposes only and no action is necessary.
However, Mayor Nugent advised Mr. Kahn to work with his attorney to get legal issues
satisfied. He would like to see this item on a future agenda.
7. COMMUNICATION:
City Manager's Report:
a. Miscellaneous - Chamber Coffee tomorrow at 8:00 a.m. at Eilene Law's
Office
8. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Neal to adjourn the meeting at 5:38 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire.
Noes: None.
Absent: Councilmember Austin.
,r C �
R.rA. u t ayor
City of Ned and, Texas
\\\\001Airlteis Continued, June 12, 2017
,,'''%p�•N � . � i /1 J� Al/
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ay Fergu n,
City Clerk 0
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRES NT ABSENT
R.A. Nugent Mayor ^/
Talmadge Austin Council Member—Ward I
Billy Neal Council Member—Ward II V
Don Albanese Council Member—Ward III V
Craig Belaire Council Member—Ward IV V
Chris Duque City Manager
Gay Ferguson City Clerk
Jesse Branick City Attorney V*
Cheryl Dowden Director of Finance
Darrell Bush
Police Chief V
Gary Collins Fire Chief ‘/
Director of Public Works 'V
Robert Woods
George Wheeler Building Official 1v
/
Victoria Klehn Librarian v
Holly Guidry Human Resources Director ,
Executive SecretaryV
Joni Underwood
Angela Fanette Parks Director V
Ii /.. ,
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R.:. Nuge t, ' ai•
'A1a . /A hi AAP
. . . Fe • s 1 , 1''1�''er
June 12, 201/7
Date
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT.
WHEREAS, the Industrial Safety Training Council, (herein, "ISTC") has
requested that the City of Nederland, a Texas home rule municipality, (herein,
"City") provide fire protection to their facility on Highway 69 which is outside the city
limits of City; and,
WHEREAS, the City desires to provide such fire protection because the facility is
used by many City residents;
NOW THEREFORE, CITY and ISTC agree as follows:
1. This agreement shall be for three years, commencing May 1, 2017
expiring April 30,2020.
2. During the term of this agreement, City will provide fire protection when
requested by ISTC at the ISTC facility on Highway 69. Fire protection shall be the
same as that provided within the city limits of City and no warranty, guarantee or other
promise of the effectiveness or quality of such fire protection is intended by this
agreement. Specifically, the City does not guarantee that significant damage or complete
destruction of the ISTC facility will not occur.
3. In consideration of the services provided under this Agreement, the ISTC shall
agree to pay the City in accordance with the following schedule which shall be paid within
thirty (30) calendar days of receipt of invoice by the ISTC from the City: Year One: Four
Thousand Five Hundred Dollars ($4,500.00), Year Two: Four Thousand Seven Hundred
and Fifty($4,750.00)Dollars and Year Three:Five Thousand Dollars($5,000.00).
4. This agreement shall be interpreted and executed in accordance with the laws of the
State of Texas and the ordinances of the City of Nederland,Texas.
5. This Agreement shall extend to and be binding upon the parties and their respective
successors and assignees; provided, however, that the Agreement may not be assigned without
the written consent of both parties.
6. Venue and jurisdiction of any suit or right or cause of action arising under or in
connection with this Agreement shall be exclusively in Jefferson County,Texas,and any court of
competent jurisdiction shall interpret this Agreement in accordance with the laws of the State of
Texas.
7. Nothing contained in the Agreement shall be deemed or construed by the parties
hereto or any other third party to create the relationship of principal and agent,partnership,joint
venture, or of any other association whatsoever between the venture, or of any other association
whatsoever between the parties, it being expressly understood and agreed that no provision
contained in this Agreement nor any acts of the parties hereto shall be deemed to create any other
relationship between the parties other than the relationship of the City and ISTC as those terms
are understood herein.
8. Except as otherwise provided herein, this Agreement may be terminated by either
party upon written notice to the other party, served upon either party at least ninety (90) days
prior to termination date. If either party commits a breach of any provision of this Agreement,
this Agreement may be terminated by the non-breaching party upon providing ten (10) days
written notice to the breaching party, except that if the breaching party cures the breach within
the ten (10) days period, the right of the non-breaching party to terminate this Agreement does
not accrue.
9. ISTC agrees to SAVE, INDEMNITY, AND HOLD HARMLESS, the City, its
officers, agents, and employees from and against any and all claims, losses damages, causes of
action,suits and liability of every kind,including all expenses of litigation,court costs,including
reasonable attorney's fees, for injury to or death to any persons, or for damages to any property,
arising out of or in connection with the services provided under this Agreement.
10. If any of the provisions of this Agreement are declared invalid for any reason, the
invalidation shall not affect the other provisions of this Agreement that can be given effect
without the invalid provisions. The provisions of this Agreement are severable.
EXECUTED this 19-4,..L day of LJ all ,2017.
ISTC INTERNATIONAL SAFETY CITrOFNEDERL:
TRAINING COUNCIL
Title: t i tt x'bf CEO Chri s e,C • ager
ORDINANCE NO.2017-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS APPROVING THE RATES PROPOSED BY
CENTERPOINT ENERGY RESOURCES CORP., d/b/a
CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY
TEXAS GAS ("CENTERPOINT" OR "COMPANY") COMPANY'S
GAS RELIABILITY INFRASTRUCTURE PROGRAM("GRIP")FILING
MADE WITH THE CITY ON MARCH 30,2017;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 March 30, 2017, CenterPoint Energy Resources Corp.,
d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or
"Company")filed an Annual GRIP adjustment for the Beaumont/East Texas Service Area
with the City of Nederland ("City") to increase gas rates in the Beaumont/East Texas
Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE ("Gas Utility
Regulatory Act")§104.301;and
WHEREAS, City has exclusive original jurisdiction over the rates, operations and
services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act
§103.001;and
WHEREAS,Gas Utility Regulatory Act§104.301 requires a streamlined process for
the recovery of the costs of incremental investment by a gas utility;and
WHEREAS,the Company proposed an effective date of May 29,2017,for the rate
increase;and
WHEREAS,the City suspended the proposed May 29,2017 effective date until July
13,2017;and
WHEREAS,the City's consultant has reviewed the GRIP filing and has concluded
that the proposed GRIP rates are correctly calculated;and
WHEREAS,the reasonableness of the Company's investment will be reviewed in
CenterPoint's subsequent base rate case where all costs included in CenterPoint's GRIP
filing will be subjected to refund.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:
Section 1. The statement and findings set out in the preamble to this
ordinance are hereby in all things approved and adopted.
Section 2. The Company's proposed GRIP rate increase is approved effective
July 31,2017.
Section 3. The meeting at which the 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 this 12TH day of JUNE,2017.
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l R.A.Nug-nt, /•yor
�+�•• ;• �: City of Nederl:nd,Texas
i4,a. : _ho L[_ _/_
Gay Ferguso7, ty Clerk
City of Nederland,
APPROVED AS TO FORM AND LEGALITY:
�L%0,ee:"..
J sse Bran' k,amity Attorney
ity of -derland,Texas