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January 11, 2016REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. January li, 2016 1_ MEETING The meeting was called to order at 4:30 p.m_ by Mayor Nugent at the Nederland City Office Building, 207 N_ 12i Street, Nederland, Texas. See attached for quorum. The following statement was read by Mayor Nugent: -F-URSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE MOLDER WITH AN OPENLY CARRIED MANDGUN), A PERSON LICENSED UNDER SUBCHAPTER M, CHAPTER 411, GOVERNMENT CODE CHANlDPGUN LICENSING LAWII, 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 ied by Gay Ferguson, City Cleric_ 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 Cou ncilmember Austin to approve the Consent Agenda Items a -d as presented_ MOTION CARRIED. Ayes: Mayor Nugent, Councilmambers Austin, Neal, Albanese, and Balaira. Noes: None_ a. Minutes — December 14, 2015 regular meeting b_ November 2015 departmental Reports C_ Tax Assessor Collector Report - November 2015 d. Consider action approving a request from the Nederland Rotary Club to utilize E)-oornbos Park for the annual Hooked On Fishing, Not On E>rugs (HOFNOE),) event. 4. REGULAR AGENDA a_ A motion was made by Cou ncilmem ber Neal and seconded by Mayor Pro Tem Albanese to approve declaring surplus miscellaneous City equipment_ MOTION CARRIED. Ayes: Mayor Nugent, Cou ncilmem bars Austin, Neal, Albanese, and Balaire. Noes: None_ b. City Building Codes: i. A motion was made by Cou ncilmember Austin and seconded by Mayor Pro Tem Albanese to approve Ordinance No_ 2016-01, adopting the 2012 edition of the International Residential Code_ MOTION CARRIED_ Minutes Continued, January 11, 2016 Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve Ordinance No. 2016-02, adopting the 2012 edition of the International Plumbing Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2016-03, adopting the 2012 edition of the International Fuel Gas Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iv. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2016-04, adopting the 2012 edition of the International Mechanical Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. V. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve Ordinance No. 2016-05, adopting the 2012 edition of the International Energy Conservation Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance 2016-06, authorizing the City's participation to include the hiring of lawyers and rate experts, in regards to the Statement of Intent Texas Gas Service Company on or about December 30, 2015 to increase gas rates in the South Jefferson County Service area by more than $3.2 million per year. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. Discussion regarding the 2016 Streets Program. This item was moved to the end of the agenda. e. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve payment to LD Construction, 2015 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Change Order No. 2, 2015 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. Chris Duque, City Manager, reported the 2016 Streets Program is budgeted at $900,000.00; $625,000.00 in the Street Improvement Fund, and $275,000.00 Minutes Continued, January 11, 2016 in the Street Department General Fund. The proposed Streets Program is divided into 2 main components: BOMAG/Chip Seal projects and Hot Mix Overlays/Resurfacing . Description Cost BOMAG/Chip Seal $175,000.00 Hot Mix Overlay $625,000.00 Concrete Rising/Repairs $0.00 Jefferson County Materials $10,000 Enqineering $90,000.00 Available Funds $900,000.00 The Street Division developed a list of streets that would be BOMAG'ed by the Streets Department and then chip sealed with the County's assistance. Last year, Jefferson County requested oil and rock to contribute toward road work; this year, $10,000 is allocated assuming the same request will be made by the County. The streets recommended for work are as follows: 1st - Atlanta to Chicago 2nd - Nederland to Gage 7th - Boston to Dead End Luling - Twin City Hwy to 15th Franklin - 15th to 16th Gary - 19th to 21st 20th - Helena to Canal S 12th - Avenue H to Avenue N Avenue N - S 12th to S 16th S. 201h - Avenue D to Avenue B Avenue D - S 20th to S 21st Avenue D - Hardy to S 35th Avenue D - S 35th to S 37th S35 th - Avenue F to Nederland S37 th - Avenue H to Nederland 1st - Viterbo to Green Staff has prepared the following recommendation for hot mix overlay -resurfacing project: Holmes - Beauxart Gardens to concrete S14 1h - Nederland to Avenue H 13th - Chicago to Helena N 14th - Chicago to Helena Nederland - Hwy 69 to McDonalds 17th - Helena to Canal Mr. Duque showed the condition of the discussed streets with the City Engineer on the various problems and likely repairs. Councilmember Belaire inquired about the possibility of including Holmes Road on the list to be repaired. Staff explained the problems and unknown issues with Holmes Road since a portion of the road was not maintained by the County prior to annexation. The cost to properly repair the road may exceed the budgeted amount allocated for the 2016 Streets Program. After much discussion staff suggested taking core samples to determine the condition of the base of the road and prepare a preliminary estimate to level then overlay with asphalt. S. COMMUNICATION City Manager's Report: a. City Offices closed on Monday, January 18th in observance of Martin Luther King, Jr. Day. Garbage service will be delayed by one day. b. Nederland Chamber of Commerce Installation Banquet on Thursday, January 14th Minutes Continued, January 11, 2016 6. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Austin to adjourn the meeting at 5:37 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. ug nt, or City of Nederla d, Texas ATTEST: Gay Fergug6n, City Cler City of Nederland, Texas NAME R. A. Nugent Talmadge Austin Billy Neal Don Albanese Craig Belaire Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Holly Guidry Joni Underwood Angela Fanette CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE PRESf�NT ABSENT I Mayor b Council Member -Ward i Council Member- Ward II ( V Council Member - Ward III Council Member - Ward IV City Manager { \% City Clerk City Attorney V V/ Director of Finance Police Chief V Fire Chief Director of Public Works V Building Official V ( V Librarian f Human Resources Director , Executive Secretary Parks Director January 11, 2016 Date RX DatelTime 0110512016 10:05 4098358703 61/05/2016 09:39 4098358703 JEFF CO TAX ACCT DEP ALLISON NATHAN GETZ TAX ASSE&SOR-COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON P.002 PAGE 02/05 TERRY WUENSCUEL CHIEF DEPUTY 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 $455,978.79, represents all taxes collected for CITY OF NEDERLAND during the month of November 2015. "%A- "4 Allison. Nathan Getz, P.C.C. JEFTERSON COUNTY COURTHOUSE - P.O. BOX 2112 - BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 - FAX: (409)835-8589 THE INTERNATIONAL RESIDENTIAL CODE ORDINANCE NO. 2016-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ADOPTING THE 2012 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, REGULATING AND GOVERNING THE CONDITIONS, MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURES IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES THEREFORE; REPEALING ARTICLE IX. RESIDENTIAL CODE, IN CHAPTER 18 OF THE CITY OF NEDERLAND CODE OF ORDINANCES. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Nederland, being marked and designated as the International Residential Code, 2012 edition, including Appendix A,B,C,G,H,N and P as published by the International Code Council, be and is hereby adopted as the Residential Construction Code of the City of Nederland, in the State of Texas for regulating and governing the conditions and maintenance of all residential one and two family property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code on file in the office of the Inspection Department are hereby referred to, adopted, and made part hereof, as if fully set out in this ordinance, with the additions, insertions, amendments and deletions, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections if the 2012 International Residential Code are hereby revised: Section R101.1. Title, of the 2012 International Residential Code is hereby revised by inserting into the jurisdiction the words City of Nederland. Section R101.2 Scope, of the International Residential Code is hereby revised by adding the following to the end of section R101.2. A. Single-family or duplex industrialized housing must comply with all local permit and license requirements that are applicable to other single-family or duplex dwellings. B. Any industrialized housing shall: 1. Have a value equal to or greater than the median taxable value for each single- family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for Jefferson County; 2. Comply with applicable building setbacks, side and rear yard offsets, square footage, and other site requirements applicable to single-family dwellings; 3. Be securely fixed to a permanent foundation; and 4. Have exterior siding or treatment, roofing materials, roof pitch, and foundation fascia compatible with the single family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located if 51 percent of the single family dwellings located within that 500 -foot area share an architectural style encompassing the above listed exterior features. C. In this section: 1. Industrialized housing has the same meaning as in § 1202.002 of the Texas Occupations Code or as that section may be amended. 2. Permanent foundation means one of the following: a. Pier and beam foundation are allowed where all footings are 24 inches x 24 inches and shall extend into undisturbed soil 12 inches deep. A minimum of four pieces of re -bar are required. Blocks used as piers will be solid or filled with concrete. A connecting strap or piece of re -bar shall extend from the footing up to the bottom of the structure. b. A combination pier and footing is allowed, but must be no less than a round column 18" in diameter and placed 24 inches into the soil containing four pieces of re -bar with stirrups. A connecting strap or piece of re -bar shall be attached to the bottom of the structure from this column. An outside perimeter beam will be required that is a minimum of 12 inches in width and 18 inches deep, 12 inches of which must be in undisturbed soil and 8 inches or more above ground. This will allow for attachment of skirting or loading of structure. If a wider beam is required to accept the weight of the structure, that will be allowed (two and three story structures require wider footings). A beam and footer design in this situation would be allowed. This perimeter beam may be extended to the bottom of the structure. An engineered pier and beam system will be accepted, but must also include the outside perimeter beam as noted above; or, c. A monolithic poured in place slab will be allowed for all industrialized housing. It shall consist of exterior beams eight inches wide and 24 inches thick that extend into undisturbed soil one foot. All load-bearing beams shall be eight inches wide or wider and 24 inches thick or thicker as required for load and soil conditions. The minimum thickness of the slab shall be five inches. This slab will extend no less than eight inches above the surrounding soil and positive drainage away from the slab shall be provided. Permanent tie down connections shall be placed in this slab to be attached to the industrialized structure; or, d. An inverted monolithic slab will be allowed using the same criteria as in Section C.2.b. This would allow for a crawlspace under the structure. Venting of crawlspace shall be provided along with any additional provisions required by the Code. e. An inverted monolithic slab will be allowed using the same criteria as in Section C.2.b. No blocking up above the poured concrete foundation will be allowed. Minor shimming is allowable. 3. Person means an individual, partnership, association, corporation and any other entity. 4. Value means the taxable value of the industrialized housing and lot after installation of the housing. D. Any person who intends to construct, erect, install, or move any industrialized housing into the city shall first submit all required applications to the building inspection department and obtain all required permits. In addition to any other information otherwise required for the permits, a building permit application for industrialized housing shall: 1. Identify by address each single-family or duplex dwelling located within 500 feet of the lot on which the industrialized housing is to be located, and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for the county in which the industrialized housing is to be located; 2. Be accompanied by at least one photograph, with identifying address, on the front of each single family or duplex dwelling located within 500 feet of the lot on which the industrialized housing is to be located; 3. Show proof of the value of the improved property by providing: a. A copy of the sales receipt, signed by the purchaser of the industrialized housing unit, including the value of the lot, if the lot is included in the sale; or b. A copy of the sales receipt, signed by the purchaser of the industrialized housing unit, and documentation showing the taxable value of the lot as determined by the most recent certified tax appraisal roll for the county in which the industrialized housing is to be located, if the lot is not included in sale of the housing unit or if the value of the lot is not include on the sales receipt; and, 4. State which of the permanent foundations specified in Subsection C.2. will be used for the industrialized housing to which the application applies. E. Failure to provide any documentation required in Section 2.d. will be considered grounds to deny a permit application. F. A person commits an offense if the person: 1. Causes or permits any industrialized housing to be constructed, erected, installed, or moved in the City without first submitting applications to the Building Inspection Department and obtaining all required permits; 2. Causes or permits any industrialized housing which does not comply with this section to be constructed, erected, installed, or moved into the city; or 3. Violates any provision of this section. G. A person who violates any provision of Subsection F.1, 2, and/or 3 above is guilty of a Class C misdemeanor. Each violation of the provisions of Subsection F.1, 2, and/or 3 shall constitute a separate offense. Each offense, upon conviction, is punishable by a fine not to exceed $500.00. A person who violates any provision of this subsection is guilty of a separate offense each day or part of a day during which the offense is committed. Section R104.10.01 Flood hazard area, of the 2012 International Residential Code is hereby revised to read in full as follows: The Building Official shall not grant a permit nor grant modifications to any provisions required in special flood hazard areas unless said permit or modifications fully comply with the provisions found in Chapter 50 Floods of the City of Nederland Code of Ordinance. Section 11305.1 Permits required, of the 2012 International Residential Code is hereby revised to read in full as follows: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace and electrical, gas, mechanical or plumbing system, the instillation of which is regulated by this code, or to cause and such work to be done, shall first make application to the Inspection Department and obtain the required permit to include but not limited to the list found in the amended section 105.1 of the IBC in Chapter 18 Code of Ordinance. Section R 105.1.1 Applicants responsibility of debris removal is hereby added to the 2012 International Residential Code to read in full as follows: It shall be the responsibility of every bonded contractor to remove all debris generated from the permitted work. Work requiring a permit is listed in section 105.1 of Chapter 18 City Code of Ordinance. The contractor shall not place in the street ROW any debris from the permitted work but shall furnish a storage container or other approved method for storing the debris until it is removed. Permits issued to the property owner for work actually performed by the property owner, shall require an approved storage method on private property. The property owner is allowed under their regular scheduled trash pick-up a special onetime removal of construction debris generated from each permitted project. The total amount allowed in this pickup is limited to four (4) cubic yards. Any debris generated over this limit is considered a heavy accumulation and is not considered as part of the regular scheduled trash removal. Any debris in excess is hereby the responsibility of the property owner/applicant to remove. One example of the four (4) cubic yards is described as approximately: six (6) ft. in length by four (4) ft. in depth by four (4) ft. in height or any geographical shape adding up to (4) cubic yards in volume. The property owner/applicant shall contact the City Solid Waste Department to request and coordinate the one time city removal. Section R105.2 Work exempt from permit of the 2012 International Residential Code is hereby amended to refer to the exempt list in section 105.2 of Chapter 18, City of Nederland Code of Ordinance, and Amended Building Code. Section 105.5.1 Abandoned permits. is hereby added to the 2012 International Residential Code to read as follows: For Commercial and residential permitted projects; if after beginning work, the project is left abandoned for (180) days, the permit will become expired as described in section R105.5; the Building Official shall have the right to additional enforcement by submitting the abandoned project to the Construction Board of Adjustments and Appeals for a rendering whether the current work/current stage of the construction is in a safe condition to continue its abandonment or whether the current stage is creating an unsafe condition. An unsafe condition is created by not meeting the minimum codes and threshold's required of a building to be considered structurally and exteriorly complete. All exterior apparatuses shall be installed and include but not limited to windows, doors, exterior finished veneer and all roof components etc. These minimum thresholds and design loads shall be certified by a Texas Registered Engineer and include but not limited to; wind load, live load and dead loads. If it is shown that the permit applicant cannot or will not comply with the board, the Board may direct the Building Official to immediately file on the permit applicants performance bond. If the bond is honored successfully and the amount granted will cover all cost to the City, the funds will be used for compliance with the minimum standards as stated above. If the funds cannot cover the minimum for compliance, the City may use the funds for demolition but only if a final demolition order is given by the City Council. Section 106.2 Site plan or plot plan of the 2012 International Residential Code is hereby amended to refer to the requirements shown in Section 107.2.5 of Chapter 18, City of Nederland Code of Ordinance, and Amended Building Code. Section R107.3 Temporary power of the 2012 International Residential Code is hereby amended to refer to section 108.3 of Chapter 18, City of Nederland Code of Ordinance. Section R108.2 Schedule of permit fees of the 2012 International Residential Code is hereby amended to refer section 109.2 of Chapter 18, City of Nederland Code of Ordinance. Section R108.6 Work commencing before permit issuance of the 2012 International Residential Code is hereby revised to read in full as follows: Where work for which a permit is required by this code is started or preceded prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such doubled fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any penalties prescribed herein. Section R110.3 Required inspections of the 2012 International Building Code is hereby revised to read in full as follows: The Building Official, upon notification, shall make the inspections set forth in Sections of R109 of the International Residential Code. Inspections will not be performed unless the job site has in place accommodations for a construction restroom, address numbers installed visibly from the adjacent street, storm water standards in place and accommodations for debris storage and removal. No inspections will be performed on job sites found with work debris placed in a street right-of-way. Section R110.3.10 Final Inspection of the 2012 International Residential Code is hereby revised to read in full as follows: The final inspection shall be made after all work required by the building permit is completed and the all debris from the permitted work is removed from the property and disposed of by the contractor at the contractor's expense. Section R112.1 General, of the 2012 International Residential Code is hereby revised to read in full as follows: In order to hear and decide appeals of the orders, decisions or determinations made by the Building Official relative to the application and interpretation of the code, there shall be and is hereby created a Construction Board of Appeals. The Construction Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. The Construction Board of Appeals shall be the Board of Appeals as referenced through the content of this code. Section R113.4 Violation penalties of the 2012 International Residential Code is hereby revised to read in full as follows: Any person, firm or corporation violating any of the provisions of these regulations or who shall fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and upon conviction shall be subjected to a fine not to exceed two thousand ($2,000.00) dollars and each day such violation continues or exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of these regulations shall be placed or shall exist and any architect, builder, contractor or agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided. Section R115 Referenced 2012 International Building Code Amendments is hereby added to read as follows: Any section shown as a revision or addition in the adoption of the 2012 International Building Code in Chapter 18 of Code of Ordinances, and referring too or intended to refer to both commercial and/or residential codes shall be governing over for the section intended. Section 11313.2 One and two—family dwellings automatic fire systems of the 2012 International Residential Code is hereby deleted in full. Section R403.1.3.2 Slabs -on -ground with turned -down footings, of the 2012 International Residential Code is hereby revised to read in full as follows: Slabs -on -ground with monolithically poured footings shall have a minimum of four No. 5 bar, two within two to three inches of the bottom of the footing and two in the top of the footing six inches below the surface of the slab. Section R403.1.4 Minimum depth, of the 2012 International Residential Code is hereby revised to read in full as follows: All exterior footings shall extend six inches into undisturbed soil and have an overall depth of at least 20 inches for a single story residence and an overall depth of at least 24 inches for a two story residence. The width of the footing shall be at least 12 inches and 16 inches respectively. Section M 1411.3 Condensate disposal, of the 2012 IRC is hereby revised to read in full as follows: Condensate from all cooling coils or evaporators shall be conveyed to discharge into a minimum 1 % "trap the discharge pipe shall maintain a minimum horizontal slop in the direction of the trap of not less than 1/8 unit vertical in 12 units horizontal (1 -percent slope) Section P2602.1 General, of the 2012 IRC is hereby revised to read in full as follows: The water -distribution and sanitary drainage system of any building or premises where plumbing fixtures are installed shall only be connected to the public water supply and sewer system. Private water systems and septic systems are prohibited. Section P2905.4 Water service pipe, of the 2012 IRC is hereby revised by deleting from the list shown in the referenced Table 2905.4 materials, Asbestos's -cement water pipe, Ductile iron water pipe and Galvanized steel water pipe, Acrylonitrile butadiene styrene (ABS) plastic water pipe and Polyethylene (PE) plastic water pipe tubing. Section P2905.5 Water distribution pipe, of the 2012 IRC is hereby revised by deleting from the list shown in the referenced Table 2905.5 the material Galvanized steel pipe. Section P3002.1 Piping within the building, of the 2012 IRC is hereby revised by deleting from the list shown in the referenced Table 3002.1(1) Above ground drainage and vent pipe, materials Acrylonitrile butadiene styrene (ABS) drainage pipe DR22 and DR24, Galvanized steel drainage pipe, and from the list shown in referenced Table 3002.1(2) Underground building drainage and vent, materials Acrylonitrile butadiene styrene (ABS) drainage pipe DR22 and DR24, Asbestos's -cement drainage pipe and Cast-iron drainage pipe. Section P 3002.2 Building sewer of the 2012 IRC is hereby revised by deleting from the list shown in the referenced Table 3002.2 Building sewer pipe materials, Asbestos's - cement sewer pipe, Cast iron sewer pipe, concrete pipe and Vitrified clay sewer pipe. Section E3406.2 Conductor material of the 2012 IRC is hereby revised to read in full as follows: Conductors used to conduct current shall be limited to copper conductors. Section E3406.3 Minimum size of conductors of the 2012 IRC is hereby revised to read in full as follows: The minimum size of conductors for feeders and branch circuits shall be 12 AWG copper. Section E3601.6.2 Service disconnect location of the 2012 IRC is hereby revised to read in full as follows: The service disconnecting means shall be located outside, within sight of and nearest the utility company's electric meter. Section E3604 Service mast as support of the 2012 IRC is hereby revised to read in full as follows: All service conductors shall be installed in raceway type service mast only. Service raceway risers installed through the roof shall be a minimum of 2" rigid metal conduit. Service raceways not penetrating the roof shall be supported to the wall by means described herein and shall only be raceways of rigid metal conduit, intermediate metal conduit, schedule 80 PVC conduit or electrical metallic tubing. Section 3. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Nederland hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4. That nothing in this legislation or in the International Residential Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 1 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section S. That the City Secretary is hereby ordered and directed to cause this legislation to be published. (An additional provision may be required to direct the number of times the legislation is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Section 6. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect ten (10) days from and after the date of its final passage and adoption. PASSED AND APPROVED this 11TH day of JANUARY, 2016. A. Nugent, Mayor City of Nederland, Texas ATTEST: ay Fergu n, City Clerk City of Nederland, APPROVED AS TO FORM AND LEGALITY: Je a Bra ck, ity Attorney ty of derland, Texas THE INTERNATIONAL PLUMBING CODE ORDINANCE NO. 2016-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ADOPTING THE 2012 EDITION OF THE INTERNATIONAL PLUMBING CODE, REGULATING AND GOVERNING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING SYSTEMS IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES; THEREFORE, REPEALING ARTICLE III PLUMBING, IN CHAPTER 18 OF THE CITY OF NEDERLAND CODE OF ORDINANCES AND ALL OTHER ORDINANCES OR PARTS OF LAWS IN CONFLICT THEREWITH. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. That a certain document, three (3) copies of which are on file in the office of the City Building Official of the City of Nederland, being marked and designated as the International Plumbing Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Plumbing Code of the City of Nederland, in the State of Texas for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Plumbing Code on file in the office of the Inspection Department are hereby referred to, adopted, and made part hereof, as if fully set out in this ordinance, with the additions, insertions, amendments and deletions, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections of the 2012 International Plumbing Code are hereby revised: Section 101.1. Title, of the 2012 International Plumbing Code is hereby revised by inserting into the jurisdiction the words City of Nederland. Section 106.6.2 Fee schedule, of the 2012 International Plumbing Code is hereby revised to read in full as follows: Section 106.6.2 Fee schedule: The fees for all plumbing work shall be as indicated in the following fee schedule: PLUMBING PERMIT FEES Fee for issuing permit 1 $75.00 Toiletsi 1 $3.00 1 Tubs 1 $3.00 j Lavatories 1 $3.001 I I Sinks 1 $3.001 j Urinals 1 $3.00 1 Showers 1 $3.001 1 1 Waters Heaters $5.75 Water Lines $3.00 Sewer Lines $5.75 Floor Drains $3.00 Washing Machines $3.00 PLUMBING PERMIT FEES Air Condition Drain $3.00 Drink Fountains $3.00 Under -Counter Grease Traps $4.25 Grease Trap up to 500 gallons $4.25 Grease Trap over 500 gallons $5.25 Sinks in Cafe or Restaurant - $3.00 Sinqle 2 compartments $3.50 3 compartments $4.50 Dental Chairs $5.25 Wash Racks for Garages $5.25 Dish Washers $3.00 Glass Washers $3.00 Laundry Tray $3.00 Garbage Disposal $3.00 Service Sink $3.00 Lawn Sprinkler System $25.00 Re -inspections $15.00 Inspection fee $10.00 Section 108.4 Violation penalties of the 2012 International Plumbing Code is hereby revised to read in full as follows: Section 108.4 Violation penalties. Any person, firm or corporation violating any of the provisions of these regulations or who shall fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and upon conviction shall be subjected to a fine not to exceed two thousand ($2,000.00) dollars and each day such violation continues or exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of these regulations shall be placed or shall exist and any architect, builder, contractor or agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided. Section 108.5 of the 2012 International Plumbing Code is hereby revised by inserting $100.00 and $2000.00 into the corresponding blanks. Section 109 Means of Appeal, of the 2012 International Plumbing Code is hereby revised to read in full as follows: Section 109.1 Application for appeal. In order to hear and decide appeals of the orders, decisions or determinations made by the Building Official relative to the application and interpretation of the code, there shall be and is hereby created a Construction Board of Appeals. The Construction Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. The Construction Board of Appeals shall be the Board of Appeals as referenced through the content of this code. Section 701.2 Sewer required of the 2012 International Plumbing Code is hereby revised to read in full as follows: 701.2 Sewer required. Buildings in which plumbing fixtures are installed and premises having drainage piping shall only be connected to a public sewer and the building sewer pipe shall be a minimum size of four (4") inch. No private sewer disposal system shall be allowed within the City limits. Section 904.1 of the 2012 International Plumbing Code is hereby revised by inserting six (6") inches into the corresponding blank. Section 3. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Nederland hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4. That nothing in this legislation or in the International Plumbing Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 1 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section S. That the City Secretary is hereby ordered and directed to cause this legislation to be published. (An additional provision may be required to direct the number of times the legislation is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Section 6. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect ten (10) days from and after the date of its final passage and adoption. PASSED AND APPROVED this 11TH day of JANUARY, 2016. Axma5-� A. Nugent, Mayor City of Nederland, Texas ATTEST: h(hkaa2wLI�- Gay FergUVon, -City CIerkJ City of Nederland, APPROVED AS TO FORM AND LEGALITY: J UsseBra ic ' City Attorney ity of ity of ederland, Texas THE INTERNATIONAL FUEL GAS CODE ORDINANCE NO. 2016-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FUEL GAS CODE, REGULATING AND GOVERNING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF FUEL GAS SYSTEMS AND GAS-FIRED APPLIANCES IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES; THEREFORE, REPEALING ARTICLE V GAS, IN CHAPTER 18 OF THE CITY OF NEDERLAND CODE OF ORDINANCES AND ALL OTHER ORDINANCES OR PARTS OF LAWS IN CONFLICT THEREWITH. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. That a certain document, three (3) copies of which are on file in the office of the City Building Official of the City of Nederland, being marked and designated as the International Fuel Gas Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Fuel Gas Code of the City of Nederland, in the State of Texas for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of fuel gas systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas Code on file in the office of the Inspection Department are hereby referred to, adopted, and made part hereof, as if fully set out in this ordinance, with the additions, insertions, amendments and deletions, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections of the 2012 International Fuel Gas Code are hereby revised: Section 101.1. Title, of the 2012 International Fuel Gas Code is hereby revised by inserting into the jurisdiction the words City of Nederland. Section 106.6.2 Fee schedule, of the 2012 International Fuel Gas Code is hereby revised to read in full as follows: Section 106.6.2 Fee schedule: The fees for all fuel gas work shall be as indicated in the following fee schedule: GAS PERMIT FEES Fee for issuing permit $15.00 Water Heaters $3.00 Small Heaters & Fires $3.00 Gas Fireplace $3.00 Gas Ranges $3.00 Gas Engines $3.00 Hot Air Furnaces $3.00 Boiler Fires $5.25 Heating Units -Com & Res $5.25 Floor Furnaces $5.25 Special Piping $5.25 Inspection $10.00 GAS RECONNECTION One (1) to four (4) outlets $15.00 Each additional outlet $1.251 Inspection fee $10.00 j *Overtime Inspections $55.00 Section 108.4 Violation penalties of the 2012 International Fuel Gas Code is hereby revised to read in full as follows: Section 108.4 Violation penalties. Any person, firm or corporation violating any of the provisions of these regulations or who shall fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and upon conviction shall be subjected to a fine not to exceed two thousand ($2,000.00) dollars and each day such violation continues or exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of these regulations shall be placed or shall exist and any architect, builder, contractor or agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided. Section 108.5 of the 2012 International Fuel Gas Code is hereby revised by inserting $100.00 and $2000.00 into the corresponding blanks. Section 109 Means of Appeal, of the 2012 International Fuel Gas Code is hereby revised to read in full as follows: Section 109.1 Application for appeal. In order to hear and decide appeals of the orders, decisions or determinations made by the Building Official relative to the application and interpretation of the code, there shall be and is hereby created a Construction Board of Appeals. The Construction Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. The Construction Board of Appeals shall be the Board of Appeals as referenced through the content of this code. Section 3. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Nederland hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4. That nothing in this legislation or in the International Fuel Gas Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 1 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section S. That the City Secretary is hereby ordered and directed to cause this legislation to be published. (An additional provision may be required to direct the number of times the legislation is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Section 6. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect ten (10) days from and after the date of its final passage and adoption. PASSED AND APPROVED this 11TH day of JANUARY, 2016. A. Nugent, Mayor Ci of Nederland, Texas ATTEST: �DI,21 (A, Gay Ferg on, City Clerk City of Nederland, APPROVED AS TO FORM AND LEGALITY: lejoderiloandTetxas ney Ci THE INTERNATIONAL MECHANICAL CODE ORDINANCE NO. 2016-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ADOPTING THE 2012 EDITION OF THE INTERNATIONAL MECHANICAL CODE, REGULATING AND GOVERNING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF MECHANICAL SYSTEMS IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES; THEREFORE, REPEALING ARTICLE IV, IN CHAPTER 18 OF THE CITY OF NEDERLAND CODE OF ORDINANCES AND ALL OTHER ORDINANCES OR PARTS OF LAWS IN CONFLICT THEREWITH NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. That a certain document, three (3) copies of which are on file in the office of the City Building Official of the City of Nederland, being marked and designated as the International Mechanical Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Mechanical Code of the City of Nederland, in the State of Texas for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Mechanical Code on file in the office of the Inspection Department are hereby referred to, adopted, and made part hereof, as if fully set out in this ordinance, with the additions, insertions, amendments and deletions, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections of the 2012 International Mechanical Code are hereby revised: Section 101.1. Title, of the 2012 International Mechanical Code is hereby revised by inserting into the jurisdiction the words City of Nederland. Section 106.5.2 Fee schedule, of the 2012 International Mechanical Code is hereby revised to read in full as follows: Section 106.6.2 Fee schedule: The fees for all mechanical work shall be as indicated in the following fee schedule: PERMIT ISSUANCE FEE: 15.00 FEE PER EACH INSPECTION: 10.00 PERMIT VALUATION FEE OF MECHANICAL SYSTEMS FOR NEW CONSTRUCTION, CHANGE - OUT OR EXTENTIONS THEREOF SHALL BE AS FOLLOWS: $10.00 for the first $1.000 or fraction thereof plus $2.00 for each additional $1,000 or fraction thereof Section 108.4 Violation penalties of the 2012 International Mechanical Code is hereby revised to read in full as follows: Section 108.4 Violation penalties. Any person, firm or corporation violating any of the provisions of these regulations or who shall fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and upon conviction shall be subjected to a fine not to exceed two thousand ($2,000.00) dollars and each day such violation continues or exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of these regulations shall be placed or shall exist and any architect, builder, contractor or agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided. Section 108.5 of the 2012 International Mechanical Code is hereby revised by inserting $100.00 and $2000.00 into the corresponding blanks. Section 109 Means of Appeal, of the 2012 International Mechanical Code is hereby revised to read in full as follows: Section 109.1 Application for appeal. In order to hear and decide appeals of the orders, decisions or determinations made by the Building Official relative to the application and interpretation of the code, there shall be and is hereby created a Construction Board of Appeals. The Construction Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. The Construction Board of Appeals shall be the Board of Appeals as referenced through the content of this code. Section 3. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Nederland hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4. That nothing in this legislation or in the International Mechanical Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 1 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section S. That the City Secretary is hereby ordered and directed to cause this legislation to be published. (An additional provision may be required to direct the number of times the legislation is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Section 6. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect ten (10) days from and after the date of its final passage and adoption. PASSED AND APPROVED this 11TH day of JANUARY, 2016. A. Nugent, Mayor City of Nederland, Texas ATTEST: i ay Fergus n, City Clerk City of Nederland, APPROVED AS TO FORM AND LEGALITY: 4 p Jes Br ick, City Attorney o ederland, Texas THE INTERNATIONAL ENERGY CONSERVATON CODE ORDINANCE NO. 2016-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ADOPTING THE 2012 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, REGULATING AND GOVERNING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF THE BUILDING ENVELOP, ENERGY, LIGHTING AND POWER SYSTEMS IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES; THEREFORE, REPEALING ARTICLE VIII, IN CHAPTER 18 OF THE CITY OF NEDERLAND CODE OF ORDINANCES AND ALL OTHER ORDINANCES OR PARTS OF LAWS IN CONFLICT THEREWITH. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. That a certain document, three (3) copies of which are on file in the office of the City Building Official of the City of Nederland, being marked and designated as the International Energy Conservation Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Energy Conservation Code of the City of Nederland, in the State of Texas for regulating all of the provisions, conditions and terms of such International Energy Conservation Code, 2012 edition; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Energy Code on file in the office of the Inspection Department are hereby referred to, adopted, and made part hereof, as if fully set out in this ordinance, with the additions, insertions, amendments and deletions, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections of the 2012 International Energy Conservation Code are hereby revised: Section 101.1. Title, of the 2012 International Energy Conservation Code is hereby revised by inserting into the jurisdiction the words City of Nederland. Section 108.4 Failure to comply, of the 2012 International Energy Conservation Code is hereby revised to read in full as follows: Section 108.4 Violation penalties. Any person, firm or corporation violating any of the provisions of these regulations or who shall fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and upon conviction shall be subjected to a fine not to exceed two thousand ($2,000.00) dollars and each day such violation continues or exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of these regulations shall be placed or shall exist and any architect, builder, contractor or agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof, shall be liable to a fine of not less than $100.00 dollars or more than $2000.00 dollars. Section 109 Means of Appeal, of the 2012 International Energy Conservation Code is hereby revised to read in full as follows: Section 109.1 Application for appeal. In order to hear and decide appeals of the orders, decisions or determinations made by the Building Official relative to the application and interpretation of the code, there shall be and is hereby created a Construction Board of Appeals. The Construction Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. The Construction Board of Appeals shall be the Board of Appeals as referenced through the content of this code. Section 3. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Nederland hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4. That nothing in this legislation or in the International Energy Conservation Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 1 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section 5. That the City Secretary is hereby ordered and directed to cause this legislation to be published. (An additional provision may be required to direct the number of times the legislation is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Section 6. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect ten (10) days from and after the date of its final passage and adoption. PASSED AND APPROVED this 11TH day of JANUARY, 2016. . A. Nugent, Mayor City of Nederland, Texas ATTEST: Gay Ferguton, City Clerk) City of Nederland, APPROVED AS TO FORM AND LEGALITY: Je a Bra ck, ity Attorney ty of derland, Texas ORDINANCE NO. 2016-06 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; 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 December 30, 2015 Texas Gas Service Company ('TGS" or "Company") filed a Statement of Intent with the City of Nederland ("City") to increase gas rates in the South Jefferson County Service Area by more than $3.2 million per year; and WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Tex. Util. Code §103.001; and WHEREAS, Gas Utility Regulatory Act § 103.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates; and WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022; and WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed rate adjustment the City suspended the effective date for implementing the proposed rates until at least May 3, 2016 in order to allow the City's rate experts sufficient time to determine the merits of TGS' proposed rates; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing, and investigating the Company's $3.2 million rate increase request, City's efforts will be coordinated with similarly situated municipalities in the Company's South Jefferson County Service Area; and WHEREAS, the City will join with other municipalities in a steering committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the steering committee and the City; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The City is authorized to join with other municipalities as part of the South Jefferson County Service Area Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. Section 3. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed rate increase of TGS before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Steering Committee. Section 4. The Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to TGS for reimbursement. Section S. City's legal representatives shall have the right to obtain additional information from TGS through the service of requests for information, which shall be responded to within seven (7) calendar days of receipt of such requests for information. Section 6. TGS shall reimburse the City, through the designated representative of the Steering Committee, for the reasonable costs of attorneys and consultant fees and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 7. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 8. This resolution shall become effective from and after its passage. PASSED AND APPROVED this 14TH day of JANUARY, 2016. �t 2� �N rugent, Mayor City of Nederland, Texas ATTEST: qA ay Ferga son, City 61e1rW City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jgyederiand, Braity Attorney C Texas THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd., Suite R-975 • Austin. Texas 78798 . 5141392-0019 • Fax: 8551298 7978 Sent via e-mail Mr. D. E. Sosa City Manager -City of Groves 3947 Lincoln Groves, TX 77619 Mr. Chris Duque City Manager -City of Nederland P.O. Box 967 Nederland, TX 77627 Mr. Brian McDougal City Manager — City of Port Arthur P.O. Box 1089 Port Arthur, TX 77641-1089 Mr. Andre Wiener City Manager -City of Port Neches 634 Ave C Port Neches, TX 77651 January 4, 2015 Mr. James Black City Attorney — City of Groves P.O. Box 3286 Port Arthur, TX 77643 Mr. Jesse Branick City Attorney — City of Nederland 3120 Central Mall Drive Port Arthur, TX 77642 Ms. Val Tizeno City Attorney — City of Port Arthur P.Q. Box 1089 Port Arthur, TX 77640 Mr. Pete Steele City Attorney — City of Port Neches 3120 Central Mall Dr. Port Arthur, Texas 77642 Re.10as Gas Service 2015 Base Rate Case Dear Cities: Each City has received the Texas Gas Service Company's ("TOS" or "Company") notice of intent to increase rates in the South Jefferson County Service Area ("SJCSA"} and Galveston service areas. The Company is requesting a revenue requirement increase of approximately $3.2 million in the combined SJCSA and Galveston Service Areas, and the proposed effective date of February 3, 2016. If the Company proposal to combine the SJCSA with Galveston is denied then the Company proposed SJCSA annual rate increase is about $2.9 million, while the Galveston service area annual increase is about $300,000.1 One issue that will need to be addressed in this 1 Direct Testimony of Jay Cummings at Exhibit FJC-6 and FJC-11. proceeding is whether the SJCSA should be combined with Galveston? The Company has presented the case filing schedules on a combined SJCSA and Galveston basis, as well as, a not combined basis. As noted in our last correspondence, the effective date of the rate increase may be suspended for up to ninety days or May 3, 2016. We have attached a proposed hate Ordinance. which will need to be acted on before the February 3. 2016 effective date to suspend the Companv's proposed rate increase. The rate suspension will allow time for a review of the Company's rate proposals. The attached Rate Ordinance authorizes the hiring of an attorney and consultants to review the rate request, and provides time for a rate report to be Sled with the City so that each City may make a final rate determination in this matter. Our initial review indicates a number of issues will need to be addressed ranging from the size of the proposed annual increase, the issue of combining the Galveston Service Area with South Jefferson County Service Area, cost allocation, the proposed level of shareholder profit, proposed expense levels, and rate design. Given our past experience in these TOS matters we believe these issues can be addressed by one consultant, the Garrett Group. The consultant is a lawyer and a CPA and familiar with TOS and its affiliate operations in both Texas and Oklahoma. As was outlined in our December 30, 2015 letter, the potential monthly customer impact of the proposed rate change is as follows: C istomer Clss 1. Residential 2. Commercial 3. Public Authority Monthly,� $6.30 14.0010 $4.44 2.1% $19.72 5.4% Given that current average monthly bills in the South Jefferson County Service Area are $44.87 residential, about $212 for commercial, and about $360 for Public Authority customers, the TGS rate increase proposal is substantial. An important consideration in this case is the proposed rate design. The Company is Proposing to recover most of its revenue (approximately 80% of revenue) through the fixed monthly customer charge and reducing the importance of the monthly volume charge. Such a rate policy change reduces Company risks by shifting cost and revenue recovery risks from shareholders to customers. As we stated in our earlier letter a quick conference call next week to discuss some of the rate case issues may be helpful. We have set up a call for Weduesdav January 6. 2016 at 10:00 a.m.. the call-in information is as follows: 2 The analysis of the proposed service area combination is important to assure that customer groups are not disadvantaged through the combining of service areas. For example, the treatment of certain cost allocations and/or fuel recovery proposals may unnecessarily increase customer costs without any offsetting benefits. 2 Toll Free 1-855-210-6576 Conference No. 95298 # Conference Pin No. 95298 If you have any questions or need any further information, please feel free to call. Sincerely, Dom&t -j,. 4oi-PYx1AvV Daniel J. Lawton