Juune 25, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NED)ERLAND)
June 25. 2015
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City
Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
"PIJRSUANT TO SECTION 30.07, PENAL CODE CTRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED) HAND)GIJN 3, A PERSON LICENSED) IIND)ER
SUBCHAPTER H, CHAPTER 411. GOVERNMENT CODE KHAN D)GUN LICENSING
LAW 3, MAY NOT ENTER THIS PROPERTY WITH A HAND)GUN THAT IS CARRIED)
OPENLY_"
2_ INVOCATION ANP PLED)GE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk_
3. CONSENT AGEND)A - 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
Austin 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 — June 11, 2018 regular meeting
b. May 2018 Departmental Reports
c. Tax Assessor Collection Report - May 2018
4. REGULAR AGENDA
a. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to authorize the closure of various city streets and the use of Tex Ritter Park
for the 2019 Relay for Life event. MOTION CARRIED).
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
b_ A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to waive the demolition lien on property located at 207 Chicago Avenue.
MOTION CARRIED).
Minutes Continued, Rune 25, 2018
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
c. Appointments:
i. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Austin to re-appoint Chad Womack, Buzzy Mitchell, Scott Watjus,
and Mark Byers to the Planning & Zoning Commission effective July 1, 2018
through June 30, 2020. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
ii. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Neal to appoint Alex Rupp to the Planning & Zoning Commission
effective July 1, 2018 through June 30, 2020. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
iii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to re-appoint David Knight, Mitch Macon, Mike Spell, and Bill Wills to the
Construction Appeals Board effective July 1, 2018 through June 30, 2020.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
iv. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to re-appoint Jerry McNeill to the Fire Fighters' Civil Service Commission
effective July 1, 2018 through June 30, 2021. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Ordinance No. 2018-17, setting the just and reasonable rates for
the cost of service adjustment clause to be charged by Texas Gas Service
Company, a division of One Gas, Inc. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve Ordinance No. 2018-18, amending the fiscal year 2017-2018
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve Change Order No. 1, increasing the project cost by
$121,733.30 for the modification of utility work on Nederland Avenue. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
g. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Austin to approve the submission of Hazard Mitigation grant applications to FEMA
in regards to Hurricane Harvey. MOTION CARRIED.
Minutes Continued, June 25, 2018
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 4:53 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.
Note: City Attorney, Jesse Branick, is out of town on training but will participate in
Executive Session via FaceTime.
6. RECONVENE
The regular meeting was reconvened at 5:12 p.m. by Mayor Nugent. He announced
the Executive Session was held for informational purposes only and no action is
necessary.
7. COMMUNICATION
City Manager's Report:
a. Nederland Avenue project update - Rob Woods updated the council on work
being performed for Nederland Avenue. He said the contractor had to come
out and reset barricades due to the rain.
b. Miscellaneous:
• Chamber Coffee will be in the morning at 8:00 a.m. at Gulf Credit Union.
• 4th of July Fireworks Show - Mrs. Fanette said the celebration will include
fireworks, food vendors, a train, and a wagon and bike parade. There
will also be a separate Veterans' VIP area again this year like they have
had in the past.
6. ADJOURN
There being no further business a motion was made by Mayor Pro Tem Albanese and
seconded by Councilmember Austin to adjourn the meeting at 5:15 p.m. MOTION
CARRIED.
owillAyek:, Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
R. A. Nugent Mayor V
Talmadge Austin Council Member—Ward I
Billy Neal Council Member—Ward II
tr
Don Albanese Council Member—Ward III
Craig Belaire Council Member—Ward IV
Chris Duque City Manager
Gay Ferguson City Clerk
Jesse Branick City Attorney
Cheryl Dowden Director of Finance k .
Gary Porter Police Chief V
.-agthigiVIV Fire Chief "1.7
Robert Woods Director of Public Works
George Wheeler Building Official /
Victoria Klehn Librarian V
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary
Angela Fanette Parks Director V
kiWI .
R.A. gent,' /or
`ay Ferguq , City Jerk
June 25, 2018
Date
430N co-
17
ALLISON NATHAN GETZ it` �1, TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR * /v\ I* CHIEF DEPUTY
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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 $94,857.13, represents all taxes collected for CITY OF NEDERLAND
during the month of May 2018.
Loi:3_CkaiLAA
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. 2018-17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS,
SETTING THE JUST AND REASONABLE
RATES FOR THE COST OF SERVICE
ADJUSTMENT CLAUSE TO BE CHARGED BY
TEXAS GAS SERVICE COMPANY, A
DIVISION OF ONE GAS, INC. FOR GAS
SERVICE CUSTOMERS IN THE CITY OF
NEDERLAND, TEXAS; REQUIRING
REIMBURSEMENT OF RATE CASE
EXPENSES; FINDING THAT THE MEETING
COMPLIES WITH THE OPEN MEETINGS
ACT; AND DECLARING AN EFFECTIVE
DATE FOR THIS ORDINANCE
WHEREAS,on or about April 27,2018,Texas Gas Service Company,a division of ONE Gas,
Inc. ("Company") filed a Cost of Service Adjustment ("COSA") application with the City of
Nederland, Texas ("City") requesting an annual rate decrease for its Gulf Coast Service Area
pursuant to the COSA Tariff, Rate Schedule No. 1-1, previously approved by the City ("COSA
Tariff");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,the Company requested an annual revenue decrease of$817,178;and
WHEREAS,the Company's request would result in a$1.26 rate decrease per month for
residential customers using an average of 20 Ccf per month and one-time refund of$10.62 per
customer to reflect the impact of the new federal corporate tax rate established by the Federal
Tax Cuts and Jobs Act of 2017("IDA"),which went into effect January 1,2018;and
WHEREAS, the Company proposed an effective date of July 26, 2018, for the rate
decrease;and
WHEREAS,in order to exercise its exclusive original jurisdiction and properly review the
requested rates,it is necessary for the City to make a decision within 90 days of the filing,or July
26,2018;and
WHEREAS,the Company gave notice of the annual COSA adjustment as required by the
COSA Tariff;and
WHEREAS, the City retained the Lawton Law Firm, P.C. to review the Company's rate
request and make necessary rate recommendations to the City;and
WHEREAS, the Lawton Law Firm provided the City with a report on this matter which
included recommendations to the City;and
WHEREAS,the Lawton Law Firm has determined that the proposed COSA rate decrease
and one-time TCJA refund are consistent with the requirements and formulae of the COSA Tariff
and therefore recommended that the City approve the Company's request.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
1
SECTION 1. The statements set out in the preamble to this Ordinance are adopted
herein as if set forth herein.
SECTION 2. Based on the recommendations and review presented by the legal/rate
consultant Lawton Law Firm, the proposed COSA rate increase is consistent with the
requirements and formulae of the COSA tariff.
SECTION 3. The Company's proposed COSA rate increase is therefore approved
effective July 26,2018.
SECTION 4. The Company shall file tariffs with the City Clerk reflecting the annual rate
increase.
SECTION 5. The Company shall promptly reimburse the City's rate case expenses,as
provided by the Gas Utility Regulatory Act,Texas Utilities Code§103.022(a)and the COSA tariff
currently in effect.
SECTION 6. 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 7. This Ordinance shall become effective from and after its passage.
PASSED AND APPROVED THE 251"day of JUNE,2018.
APPROVED:
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, R.A.Nugent, �ayor
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ATTEST:
L /i . ,
Gay Fergu!n,City Clerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
Je•se Br:nick,City Attorney
ty o ederland,Texas
2
ORDINANCE NO.2018-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2017-
2018 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2017-19,which adopted
the Fiscal Year 2017-2018 City Budget;and,
WHEREAS, the City Council deems it necessary to amend the current budget to adjust
revenues and expenditures as set out in Attachment"A"attached hereto;and,
WHEREAS,the 2017-2018 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2018 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2017 and ending September 30,2018,and such funds are hereby appropriated as a City Council
Contingency Account for purposes approved by the City Council;and,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2017-2018 is amended to allow for adjustments in
revenues and expenditures as set out in Attachment"A."
THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed.
THAT the City Clerk shall file a true copy of this ordinance and said budget amendment
with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the
Local Government Code.
THAT,this being an ordinance not requiring publication,it shall take effect and be in force
from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
��AE tlepigETING THIS THE 25th DAY OF JUNE,2018.
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*0'a‘ 1 `J."•'= City of Nede and,Texas
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A 4-- --c.04{-11,1
ay Fergusdil,City Clerk
APPROVED AS TO FORM AND LEGALITY:
1
!es 4 0
,City Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2017-2018
DATE: June 25, 2018
DEPARTMENT: Information Technology(1700)
FUND: Dispatch (70)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
70-1700-6315 Computer System 180,000 35,000 215,000
70-1700-6744 Miscellaneous Equipment 35,000 (35,000)
TOTAL 215,000 - 215,000
JUSTIFICATION
Original Miscellaneous Equipment allocation included funds to replace the MCML Data Center SANS Server. The
IT Director modified plans to utilize a yearly subscription service in lieu of purchasing a new server. The
subscription allows the data storage to increase or decrease as necesssary in addition to 24/7 support and
monitoring. The budget amendment has a$0 effect on the department's budget.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
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