May 24, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLANO
4:30 p.m_ May 24, 2021
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Pro Tem Hollier at the
Nederland City Office Building, 207 N. 1.2." Street, Nederland, Texas. See attached for
quorum.
This meeting was OPEN to in-person attendance by the public; however due to the
spacing restrictions in the City Council Chamber, all attendees WORE A MASK. The
City continued to provide citizens an alternative method to attend and participate in
City Council meetings. Members of the public were able to participate remotely via
Zoom Teleconferencing_
The following statement was posted:
PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANOGIIN), A PERSON LICENSED UNOER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANOGI.IN THAT IS CARRIED
OPENLY_"
2. INVOCATION ANP PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk.
g. Chris Duque, City Manager, proposed lifting the face covering requirement effective
immediately. He also recommended opening the large meeting room at the Library
and opening more computer stations.
A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve recommendations as presented by the City Manager regarding the
COVICs-Y9 Re-Opening recommendations. MOTION CARRIED.
Ayes: Mayor Pro Tem Hollier, Councilmembers Austin, Neal, and Root
Noes: None.
Absent. Mayor Albanese.
3_ CONSENT ^GENOA - 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-atter so requests, in which event the item
will be removed from the Consent Agenda and considered separately.
A motion was made by Councilmember Root and seconded by Councilmember Neal to
approve the Consent Agenda Items a-e as presented. MOTION CARRIED_
Minutes Continued, May 24, 2021
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
a. Minutes - May 10, 2021 regular meeting
b. April 2021 Departmental Reports
c. Tax Assessor Collection Report - April 2021
d. Consider action regarding a request from Keith Barrow to utilize Doornbos Park for
a soccer camp.
e. Consider action regarding a request from Adaptive Sports for Kids to utilize
Doornbos Park for a fishing derby.
4. REGULAR AGENDA
a. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve a proclamation in regard to Mother of the Year - Jenny Holyfield.
MOTION CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
b. A motion was made by Councilmember Root and seconded by Councilmember Neal
to approve a proclamation in regard to Port Arthur Health Department Day.
MOTION CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Root to accept the Quarterly Hotel Occupancy Tax Fund financial report from the
Nederland Chamber of Commerce. MOTION CARIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
d. A motion was made by Councilmember Neal and seconded by Councilmember Root
to approve Resolution No. 2021-22, ratifying the action of the Nederland Economic
Development Corporation Board of Directors related to the incentive offered to
Imprint Studios. MOTION CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
e. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve Resolution 2021-23, ratifying the action of the Nederland
Economic Development Board of Directors related to the purchase of the former
Bank of America parking lot-drive-through (legal description: N. 1/2 BIk 16 and All
of 1 & 6 20' alley). MOTION CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
Minutes Continued, May 24, 2021
f. A motion was made by Councilmember Root and seconded by Councilmember
Austin to approve Ordinance No. 2021-10, approving a settlement agreement
regarding the statement of intent of Texas Gas Service Company, a division of ONE
Gas Inc., filed on February 11, 2021. MOTION CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
h. A motion was made by Councilmember Root and seconded by Councilmember
Austin to amend the City of Nederland's Essential Services Policy. MOTION
CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, and Root.
Noes: None.
Absent: Mayor Albanese.
i. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to engage Wathen, DeShong & Juncker, LLP. to perform the City's audit for
the fiscal year 2020-2021. MOTION CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
j. A motion was made by Councilmember Neal and seconded by Councilmember Root
to approve a work authorization with UA Engineering, Inc. for the Hurricane Harvey
CDBG Disaster Recovery program. MOTION CARRIED.
Ayes: Mayor Pro Tem Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
k. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve a work authorization with Pacheco & Koch, Inc. for the 2021
Certificates of Obligation Drainage Study. MOTION CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
I. A motion was made by Councilmember Root and seconded by Councilmember Neal
to approve a work authorization with Pacheco & Koch, Inc. for the 17th
Street/Avenue N drainage improvement project. MOTION CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
m. Chris Duque, City Manager, stated staff was authorized to solicit bids for the 2021
Concrete Pavement Rehabilitation project at the previous City Council meeting.
Staff completed more field work and determined the necessary work on Avenue H
and 30th Street would exceed the budgeted allocation. Staff recommends making
the following revisions and plans for future work:
Concrete Replacement Segments Timeline
Avenue H Base Bid - TCH to 14th Street
Alt 1 Bid - 14th Street to 29th Street 2021
Alt 2 Bid - 29th Street to Hwy 69
Minutes Continued, May 24, 2021
Hardy Avenue Nederland Avenue to Avenue A 2021
18th Street Approximately 500 SY of repairs 2021
30th Street Nederland Avenue to Atlanta Ave Fall 2021
21st Street Detroit Avenue to Helena Avenue 2022 Street
Program
No action was necessary.
n. A motion was made by Councilmember Root and seconded by Councilmember
Austin to approve Ordinance No. 2021-11, establishing hours of operation and fees
for the Nederland Swimming Pool. The motion also included authorizing the City
Manager to expand hours of operation, if additional staff are hired. MOTION
CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
o. A motion was made by Councilmember Root and seconded by Councilmember Neal
to approve final payment and release of retainage for the Nederland Swimming
Pool Water Slide project. MOTION CARRIED.
Ayes: Mayor Pro Tern Hollier, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Mayor Albanese.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous: Rob Woods gave a construction update:
• Bourque and Hodgson Road Rehabilitation is approximately 65%
complete. Anticipated completion date is end of July.
• Hodgson Lift Station Rehabilitation should be completed by end of June.
Entergy is working with electrician to get power back online.
• 14th Street is substantially complete.
• Elevated Water Tower on Canal is complete and is back operational.
Contractor has moved equipment to begin work on the Avenue G
Elevated Water Tower.
• Bid Opening for lift station generators will be later this week.
• LNVA construction on 18th Street will begin this week.
b. City Offices will be closed Monday, May 31st in observance of Memorial Day.
Garbage will run one day behind.
c. There will be an Emergency Management meeting with staff next week to
discuss the upcoming Hurricane Season.
6. ADJOURN
There being no further business a motion was made by Mayor Pro Tern Emmett Hollier
and seconded by Councilmember Neal to adjourn the meeting at 5:19 p.m. MOTION
CARRIED.
Ayes: Mayor Pro Tem Hollier, Councilmembers Austin, Neal, and Root.
Minutes Continued, May 24, 2021
Noes: None.
Absent: Mayor Albanese.
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ATTEST:
ay erg :en, City Clerk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT,
Don Albanese Mayor v
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
Gay Ferguson City Clerk "
Jesse Branick City Attorney
Cheryl Dowden Director of Finance W
Gary Porter Police Chief V
Terry Morton Fire Chief V/
Robert Woods Director of Public Works
George Wheeler Building Official V Victoria Klehn Librarian
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary .
7
Angela Fanette Parks Director
#2141
Emmett oilier, Mayor Pro Tern
cay Ferg An,— ity C er
May 24, 2021
Date
4S0N co
ALLISON NATHAN GETZ W
Wil_ ►� TERRY UENSCHEL
TAX ASSESSOR-COLLECTOR 7S CHIEF DEPUTY
TEXA
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 $77,540.98, represents all taxes collected for CITY OF NEDERLAND
during the month of April 2021.
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
RESOLUTION NO. 2021-22
A RESOLUTION OF THE NEDERLAND CITY
COUNCIL RATIFYING THE ACTION OF THE
NEDERLAND ECONOMIC DEVELOPMENT
CORPORATION
WHEREAS,the present and prospective right to gainful employment and general welfare
of the people of Nederland require as a public purpose the promotion and development of new
and expanded business enterprises;and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments,welfare,
and prosperity of its citizens;and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic
development are in the public interest and serve a public purpose in promoting the welfare of
the citizens of the City economically by the securing and retaining of business enterprises and
the resulting maintenance of a higher level of employment,economic activity,and stability;and
WHEREAS, the citizens of the City of Nederland provided for the creation of the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described;and
WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law,its charter,bylaws and by board approval,to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
The action of the Board of Directors of the Nederland Economic Development
Corporation ("Board") relating to project costs associated with Import Studios (1103 Helena
Avenue) in an aggregate maximum amount of not more than Sixty-five Thousand dollars
($65,000.00),in accordance with the terms and conditions as prescribed by the Board,is hereby
ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF
````I� Dii ,N�D,TEXAS this the 10TH day of MAY,2021 at which meeting a quorum was present and
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City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
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Je• e Bra ' ,City Attorney
Ci of rland,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS this the 24Th day of MAY,2021 at which meeting a quorum was present
and voting.
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Gay FergusoU,,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse Br.nick Ary Attorney
City of e•-rland,Texas
RESOLUTION NO. 2021-23
A RESOLUTION OF THE NEDERLAND CITY
COUNCIL RATIFYING THE ACTION OF THE
NEDERLAND ECONOMIC DEVELOPMENT
CORPORATION
WHEREAS,the present and prospective right to gainful employment and general welfare
of the people of Nederland require as a public purpose the promotion and development of new
and expanded business enterprises;and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments,welfare,
and prosperity of its citizens;and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic
development are in the public interest and serve a public purpose in promoting the welfare of
the citizens of the City economically by the securing and retaining of business enterprises and
the resulting maintenance of a higher level of employment,economic activity,and stability;and
WHEREAS, the citizens of the City of Nederland provided for the creation of the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described;and
WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law, its charter, bylaws and by board approval,to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
The action of the Board of Directors of the Nederland Economic Development
Corporation ("Board") relating to the purchase of former Bank of America parking lot (legal
description:N'/:Blk 16 and All of 1&6 20'alley)in an aggregate maximum amount of not more
than Three Hundred Eighty Thousand dollars ($380,000.00), in accordance with the terms and
conditions as prescribed by the Board,is hereby ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF
NERggyAND,TEXAS this the 10TH day of MAY.2021 at which meeting a quorum was present and
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City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
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Jess: Brani• ty Attorney
City of Ne.- :nd,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS this the 24TH day of MAY,2021 at which meeting a quorum was present
and voting.
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City of Nederland,Texas
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Gay Ferguso ,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse B04",
ity Attorney
City o' and,Texas
ORDINANCE NO. 2021-10
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS APPROVING THE
RATES PROPOSED BY TEXAS GAS SERVICE
COMPANY, A DIVISION OF ONE GAS, INC.
("TGS" OR "COMPANY") PURSUANT TO ITS
GAS RELIABILITY INFRASTRUCTURE
PROGRAM ("GRIP") FILING MADE WITH THE
CITY ON FEBRUARY 11, 2021; 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 February 11, 2021, Texas Gas Service
Company, a Division of ONE Gas, Inc. ("TGS" or"Company") filed an Annual
GRIP adjustment with the City of Nederland ("City") to increase gas rates in
the Central-Gulf Service Area pursuant to Gas Utility Regulatory Act("GURA"),
TEX. UTIL. CODE § 104.301; and
WHEREAS, the City has exclusive original jurisdiction over the rates,
operations and services of a gas utility in areas in the municipality pursuant to
GURA § 103.001; and
WHEREAS, GURA § 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 April 12, 2021,
for the rate increase; and
WHEREAS, the City suspended the proposed April 12, 2021 effective
date until May 27, 2021; and
WHEREAS, the proposed interim rate adjustment would increase
residential rates by $2.38 per customer per month; 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 TGS's investment will be reviewed in
the Company's subsequent base rate case where all costs included in its GRIP
filing will be subject 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 May 27, 2021.
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 24TH day of MAY, 2021.
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City of Nederland,
APPROVED AS TO FORM AND LEGALITY:
Jess: :ra
411.../,00674....ity Attorney
Cit of •e rland,Texas
ORDINANCE NO. 2021-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS ESTABLISHING HOURS OF
OPERATION, PROCEDURES, FACILITY RENTAL FEES,
POOL RENTAL/PASSES, AND LEAGUE FEES FOR THE
NEDERLAND RECREATION CENTER AND THE
NEDERLAND SWIMMING POOL AS SHOWN IN EXHIBIT "A";
REPEALING ORDINANCE NO. 2019-07; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the Nederland Parks&Recreation Board has reviewed the presented revisions
to the parks schedule of fees ordinance and recommends its adoption to the Nederland City
Council;and
WHEREAS,the City Council of the City of Nederland has been presented with hours of
• operation, procedures, and a schedule of fees for the Nederland Recreation Center and the
swimming pool for its acceptance and adoption;and
WHEREAS,the City Council of the City of Nederland deems it advisable and to be in the
best interest of the citizens of Nederland to adopt the hours of operation, procedures, and fee
schedule for the Nederland Recreation Center and the swimming pool as shown in Exhibit "A"
attached;and
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
Section 1. The hours of operation, procedures, and fee schedules as shown in Exhibit
"A"attached,which is incorporated herein by reference,is hereby approved
and adopted;and
Section 2. Ordinance No. 2019-07 shall be repealed when this Ordinance becomes
effective;and
Section 3. This ordinance shall take effect and be in force from and after its passage.
PASSED AND APPROVED by the City Council of the City of Nederland this the 27TH day of
JANNARY,,,,020.
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City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
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Jesse Br. ick, a Attorney
City of ede- . d,Texas
HOURS OF OPERATION - Proposed
Times Monday Tuesday Wednesday Thursday Friday Saturday Sunday
10:15AM
10:30AM
10:45AM
11:00AM
11:15AM
11:30AM
11:45AM
12:00PM 'E'�'
12:15PM
12:30PM
12:45PM
1:00 PM
1:15 PM
1:30 PM
1:45 PM
2:00 PM
2:15 PM
2:30 PM
2:45 PM
3:00 PM
3:15 PM 0 0
3:30 PM
3:45 PM
4:00 PM
4:15 PM
4:30 PM
4:45 PM
5:00 PM
5:15 PM
5:30 PM
5:45 PM
6:00 PM
6:15 PM
6:30 PM
6:45 PM
7:00 PM
7:15 PM
7:30 PM
7:45 PM
r'iid.It F:rnt,,l Pr;v.t1 E-ht.;I Pii a I hi II ,,nC!
8:00 PM
8:15 PM ,f,1, I Er, E F;i, ILL'
8:30 PM
8:45 PM
9:00 PM
9:15 PM
9:30 PM
POOL FEES
CURRENT
. Resident Non-Resident
Season Swim Passes*- Proposed
Single (resident): $80
Single (non-resident): $160
Family of 4(resident): $160 add$10 per additional members up to seven total
Family of 4 (non-resident): $260 add$10 per additional members up to seven total
Monthly Swim Passes*
Single (resident): $40
Single (non-resident): $80
Family of 4(resident): $80 add$10 per additional members up to seven total
Family of 4(non-resident): $160 add$10 per additional members up to seven total
Replacement Pass $10
A total of50 family passes and 25 individual passes will be available for purchase each season.
Notes:
Open Swim:
o During the daily Open Swim,the fee for admission for residents and non-residents is half the normal
price for the final hour of open swim.
Single pass:
o Only valid for swimmers over the age of 10.
o Parent consent and emergency contact information required at application.
o No admission/attendance requirements.
Family passes:
o All children under age of 10 require parent/guardian/adult supervision at all times, no exceptions.
o Non-relative adults(baby-sitters, neighbors, etc) may be listed on application.
o Additional members may be added up to seven (7)family members. Changes cannot be made to
the pass during the pool season.