July 22, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:34 p.m. July 22, 2019
1. MEETING
The meeting was called to order at 4:34 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 Mayor Pro Tern Neal and seconded by Councilmember Austin
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 - July 15, 2019 regular meeting and July 15, 2019 budget workshop
b. June 2019 Departmental Reports
c. Tax Assessor Collection Report - June 2019
4. REGULAR AGENDA
a. Chris Duque, City Manager; reported Brian Gentile, who resides at 3504 Terrace
Drive, requested an opportunity to address the City Council regarding swimming
pool adjustments on a utility bill. Last month Mr. Gentile's bill was $237.15 and
his water consumption was 26,000 gallons. In 2006 the City Council approved
Ordinance No. 2006-16, which prescribed the procedure regarding swimming pool
adjustments: A sewer adjustment will be granted the first time a swimming
pool is filled upon construction. To be eligible for an adjustment, the
customer must have a building permit issued by the City of Nederland
Inspections Department. A one-time sewer adjustment is made at the time the
pool is built. Mr. Gentile stated he has not received a pool adjustment since owning
the home. According to our utility records, a pool adjustment was made in October
Minutes Continued, July 22, 2019
of 2004 and April of 2006 and according to the Inspection Department records, the
swimming pool at his residence was built in the 1990s. The City of Groves utilizes
the same adjustment process that we do. A utility rate and regulation survey
indicated seven out of the nine cities surveyed offered no pool adjustment. No
action is necessary.
Brian Gentile, 3504 Terrace Drive, said he did not build the pool and that it was
already in place when he bought the home. It was necessary for him to drain the
pool to make needed repairs. He said he didn't mind paying the water portion but
didn't feel it was right to pay the sewer and garbage portion of the bill since he
didn't use it. Mr. Gentile said he never received pool adjustment since he has lived
in his home.
Mayor Albanese suggested we consider giving him a refund on the sewer and
garbage portion of his water bill.
Jesse Branick, City Attorney, advised that any decision would have to be within the
city ordinance guidelines.
Chris Duque, City Manager, said if council wished to give a refund, the ordinance
would have to be amended and brought back to council at a later meeting.
b. A motion was made by Councilmember Austin and seconded by Councilmember
Hollier to accept the quarterly Hotel Occupancy Tax Fund financial reports from the
City of Nederland Chamber of Commerce. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
c. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Hollier to accept the Quarterly Investment Report from the Finance Department.
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
Root to approve a Memorandum of Agreement between Baptist Hospitals of
Southeast Texas and the City of Nederland. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Austin to approve Ordinance No. 2019-21, 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 Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
f. A motion was made by Councilmember Hollier and seconded by Councilmember
Austin to approve a Pipeline Easement Agreement between the City of Nederland
and Lone Star NGL Pipeline LP pending legal review and approval. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
Minutes Continued, July 22, 2019
g. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Hollier to approve a Temporary Road Access Agreement with ExxonMobil Oil
Corporation pending legal review and approval. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
h. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve Ordinance No. 2019-22, amending the fiscal year 2018-2019
budget. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 4:56 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 5:06 p.m. by Mayor Albanese. He announced
the Executive Session was held for informational purposes only and no action was
necessary.
7. COMMUNICATION
a. Miscellaneous: Robert Woods gave a brief report on the street programs:
• The Bomag project is approximately 2/3 completed and should be completed
mid-August.
• Concrete Street project - work has been completed on 17th Street and
contractor is moving to 33rd Street. Should take 6-8 weeks to complete.
• Asphalt Street project - Work has been completed with the exception of S. 14th
Street and W. Chicago.
• Millings have been distributed to organization who requested them.
8. ADJOURN
There being no further business a motion was made by Mayor Pro Tern Neal and
seconded by Councilmember Hollier to adjourn the meeting at 5:11 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
Don Albanese, Mayor
City of Nederland, Texas
Minutes Continued, 7uly 22, 2019
,AND
'
•-•
i1I' i L . di
gay Fergu•ff n, City Cler I
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESEN ABSENT
Don Albanese Mayor /
Talmadge Austin Council Member—Ward I V
Billy Neal Council Member—Ward II V
Emmett Hollier Council Member—Ward III
Sylvia Root 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 V
Gary Porter Police Chief
V
Terry Morton Fire Chief
Robert Woods Director of Public Works V
George Wheeler Building Official V\ /
Victoria Klehn Librarian
Holly Guidry _ Human Resources Director V
Joni Underwood Executive Secretary V
Angela Fanette Parks Director V
11 1 it
D,, 'anese, Mayor
4 i . , // A, A I
G.y Fergu-in, ity Clerk
July 22, 2019
Date
I
�t4 SON cOG
ALLISON NATHAN GETZ
TAX ASSESSOR-COLLECTOR ,� TERRY WUENSCHEL
' 4( ., �}; CHIEF DEPUTY
�
?EXA%
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 $43,255.83, represents all taxes collected for CITY OF NEDERLAND
during the month of June 2019.
yip/La
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. 2019-21
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 26,2019,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 increase of$209,539;and
WHEREAS,the Company's request would result in a $0.32 rate increase per month for
residential customers using an average of 28 Ccf per month;and
WHEREAS,the Company proposed an effective date of July 25,2019,for the rate increase;
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
25,2019;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 increase is
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:
SECTION 1. The statements set out in the preamble to this Ordinance are adopted
herein as if set forth herein.
1
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 25,2019.
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 22ND day of JULY.2019.
APPROVED:
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Don Albanese,Mayor
(' :..•••-\ City of Nederland,Texas
U/1/TY OF
ATTEST:
*AM
eGa Ferguson,CityCl
r
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
Jess• ,•1' City Attorney
Cit • ederland,Texas
2
1
ORDINANCE NO. 2019-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2018-
2019 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2018-25,which adopted
the Fiscal Year 2018-2019 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 2018-2019 City budget states "That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2019 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2018 and ending September 30,2019,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 2018-2019 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.
0 ' /IA,(�S��D AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
`:l q� IQIOTING THIS THE 22nd DAY OF JULY,2019.
3>-:*7* .:„ 4,,„, da,,,,.,
r'.v ,-,-,,,, , _ Don Albanese,Mayor
W;c ��i —,;
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2018-2019
DATE: July 22, 2019
DEPARTMENT: Various
FUND: General (01)
Parks Special (25), Capital Outlay(31)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-0000-4720 Sale of Land - 385,520 385,520
01-0000-4700 Miscellaneous Revenue 71,000 25,000 96,000
01-9000-6904 Transfer to Parks Special Fund 40,000 180,000 220,000
01-9000-6907 Transfer to Capital Outlay Fund - 230,520 230,520
25-0000-4910 Transfer In 40,000 180,000 220,000
25-5103-6720 Buildings, Fixtures&Grounds - 180,000 180,000
31-0000-4901 Transfer In - 230,520 230,520
TOTAL 151,000 1,411,560 1,562,560
JUSTIFICATION
In the General Fund, the Lone Star pipeline easement revenue is deposited in Sale of Land and the Temporary
Road Access revenue is deposited in Miscellaneous Revenue. In the Other Department, the pipeline easement
and temporary road access funds are transferred out to the Parks Special Fund and Capital Outlay Fund.
In the Parks Special Fund,the pipeline easement transfer in funds are reflected, and the same funds are
allocated in the Buildings, Fixtures&Grounds line-item to faciliate the purchase of a new pool waterslide.
In the Capital Outlay Fund, the transfer-in funds are reflected with no expenditure allocation.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
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