Loading...
December 18, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m_ Oecerrmber 18, 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. 1_2`^ Street, Nederland, Texas. See attached for (quorum. The following statement was posted: "RILIRSIJANT TO SECTION 30.07, PENAL CODE CTRESPASS 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 Chris Ciuque, 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 Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve the Consent Agenda Items a-c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire_ Noes: None. a. Minutes — Ciecember 1_1_, 2017 regular meeting b. November 201_7 departmental Reports c. Tax Assessor Collection Report - November 2017 4_ REGULAR AGENDA a_ A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve a proclamation recognizing the Nederland Bulldogs football team for winning the 201_7 Bum Phillips Bowl. MOTION CARRIED_ Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, December 18, 2017 b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to accept the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to authorize the submittal of the Phase II (Small) MS4 Annual Report to the Texas Commission on Environmental Quality. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2017-25, authorizing participation with other Entergy-service area cities in matters concerning Entergy, Texas, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. 5. COMMUNICATION City Manager's Report: a. Holiday Closures: December 22nd and 25th (Christmas Eve and Christmas) and January 1st (New Year's Day) b. Langham Singers - December 21st @ City Hall, 9:00 a.m. c. Miscellaneous: • Storytime with Santa - Wednesday at 10:30 a.m. at the Library • Sink Hole on Jackson was repaired. ALLCO completed in 2 days. • A notice will be distributed to the public regarding debris pickup. Some households are still cleaning and clearing from the storm and some construction materials are being put out at the street. Citizens can call in and have a work order issued for the pickup. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Albanese to adjourn the meeting at 4:50 p.m. MOTION ,�rRRIED. \\.\````"����� �-k, Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. °��Q�G�•� '."s0,lone. .Z •.0 0: 'W .I_ U W= R. A. Nuge ll Mayor , • (\<c '. City of Ned-riand, Texas "IS-y / �/_ _ //Ld► d Fer.ison, City CI k City of N-derland, 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 Craig Belaire Council Member—Ward IV V Chris Duque City Manager Gay Ferguson City Clerk 7 Jesse Branick City Attorney Cheryl Dowden Director of Finance V Darrell Bush Police Chief VV Gary Collins Fire Chief \/ Robert Woods Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director `/ Joni Underwood Executive Secretary Angela Fanette Parks Director V J /Mu l R.AfNugent, r or Ah 'A)41A.4 1 /k Ga Ferguson,City Clerk December 18, 2017 Date r1► ORDINANCE NO. 2017-25 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; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AND AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS 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 2018 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 2018 related to ETI's expected rate increase request, ETI'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 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; WHEREAS, ETI is expected to file a rate increase proceeding at the City and before the Public Utility Commission in the second quarter of 2018; WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2018 and to file other fuel proceedings to refund or surcharge fuel charges; 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; 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. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: 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 2018 and seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and its residents. 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. 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 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. 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 18TH day of DECEMBER, 2017. <<ijlo_ R.A. " ick" ent, Mayor v: h ICity of Neder nd, Texas Y god a o� a Fer on, Cler City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: %/_' / 6144 Jes - Br-9' , City Attorney Cit of N:derland, Texas 2