December 9, 2024 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
4:00 p.m. December 9,2024
1. MEETING
The meeting was called to order at 4:00 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 was led by Mayor Pro Tern Sonnier.
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 Councilmember Root and seconded by Mayor Pro Tern Sonnier to
approve the Consent Agenda Items "a thru c" as presented. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
a. Minutes—November 18, 2024 regular meeting
b. Consider action authorizing the closure of 21St Street from Detroit Avenue to Nederland
Avenue, Detroit Avenue from 17th Street to 21' Street, Nederland Ave from 21st Street to
12th Street, 12tH Street from Nederland Avenue to Boston Avenue, and Boston Avenue
from 12th Street to 17th Street on Monday, December 9th for the Nederland Chamber of
Commerce's Annual Lighted Christmas Parade.
c. Consider action authorizing the closure of South 20th Street between Avenue A and
Avenue B through December 31st for Nederland First Baptist Church's Christmas
activities.
4. REGULAR AGENDA
a. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier
to approve the 2025 Holiday Observances calendar, with the addition of one extra
holiday in December 2025. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
Minutes continued, December 9, 2024
Chris Duque, City Manager, stated in 2025, Christmas is on a Thursday; City Council
has the option to alter the holidays to Thursday, Dec. 25th and Friday, Dec. 26th, giving
the employees a four-day break for Christmas (including the weekend) instead of being
off on Wednesday (Dec. 24th) and Thursday (Dec. 25th) and returning to work on Friday
(Dec. 26th). Similar revisions were made in 2008 and 2015 when the Christmas holiday
fell on a Thursday.
However, if the City Council were inclined to have the employees be off on Christmas
Eve and Christmas day, as well as the day after Christmas (Wednesday,Dec. 24th—
Friday,Dec. 26th), it would be necessary to take this action now to ensure employees
properly plan any additional leave with this new schedule. If the City Council offered
this greater leave benefit, it would be necessary at a later date to approve revisions to
the police and fire unions' collective bargaining agreements; I would not anticipate any
opposition from the unions. Approving this greater leave benefit would result in greater
overtime costs for the employees who work these days, but any additional overtime cost
should be manageable.
Councilmember Duplant asked what the additional costs would be to the city for this
extra holiday. Chris Duque stated that it would be approximately $18,000 and that this
occurrence only happens approximately every 9 years.
Jeff Darby, 1515 N. 26th St., commented that he is in support of adding this additional
holiday to the city's 2025 Holiday Observance calendar.
b. A motion was made by Councilmember Guillot and seconded by Councilmember Root
to approve Resolution No. 2024-16, authorizing the City of Nederland's participation in
the Texas Attorney General's Opioid Settlement—Kroger Texas Settlement Agreement.
MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root, Sonnier,and Guillot.
NOES: None.
c. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern
Sonnier to authorize the dedication of$50,000 to the Nederland Independent School
District for funding the Samaritan Counseling Center of Southeast Texas mental health
services. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier, and Guillot.
NOES: None.
Dr. Steven Beagle,NISD Assistant Superintendent for Curriculum, stated that these
services were previously provided through a grant which has now expired. Samaritan
Counseling provides counseling as needed to high school and middle school students.
This counseling supports the total mental health of our students and also helps our
counselors with their workload.
d. Discussion was held regarding the Change Order No. 2—2024 HMAC (hot mix
overlay)Program.
Bill Jardell,NISD Assistant Superintendent for Personnel and Auxiliary Services, stated
that the resurfacing of Seattle would help facilitate the discharge of school traffic at the
end of the day. Laying the culverts would add aesthetics to the area as well as help with
Minutes continued, December 9, 2024
erosion and drainage.
Mayor Pro Tern Sonnier asked about the possibility of installing a dog park in the
vacant lot next to Central Middle School tennis courts on Detroit Avenue. Bill Jardell
will discuss this idea with NISD and inform us of their decision.
This item 4.d was tabled so that NISD can discuss the dog park issue and will be placed
on a future agenda for action.
e. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier
to approve Ordinance No. 2024-33, amending the fiscal year 2024-2025 budget.
MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root, Sonnier,and Guillot.
NOES: None.
f. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Duplant to engage Landmark Aquatic via state-approved contract for the Nederland
Swimming Pool Rehabilitation/Improvements project. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
5. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 4:28 p.m.
on Albanese,Mayor
City of Nederland, Texas
ATTEST:
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Joni nderwood, City Clerk ' • /%7°
City of Nederland, Texas 'V 1„*.4
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor
Bret Duplant Council Member—Ward I ✓
Sylvia Root Council Member—Ward II ✓
Randy Sonnier Council Member—Ward III
David Guillot Council Member—Ward IV ✓
Chris Duque City Manager ✓
Joni Underwood City Clerk ✓
Chris Leavins City Attorney
Heather Stucker Director of Finance V
Gary Porter Police Chief
Terry Morton Fire Chief
Robert Woods Director of Public Works ✓
George Wheeler Building Official
Molli Hall Librarian
Holly Guidry Human Resources Director ✓
Toby Latiolais Parks Director
e.ti ataczfi6-t_,
Don A anese, Mayor
Joni Underwood City Clerk
12-9-24
Date
RESOLUTION NO. 2024-16
A RESOLUTION OF THE NEDERLAND CITY
COUNCIL JOINING WITH THE STATE OF TEXAS
AND POLITICAL SUBDIVISIONS OF THE STATE AS
A PARTY IN THE TEXAS OPIOID SETTLEMENT
AGREEMENTS SECURED BY THE OFFICE OF THE
ATTORNEY GENERAL; AUTHORIZING THE CITY
MANAGER TO EXECUTE SETTLEMENT
PARTICIPATION FORMS
WHEREAS, the City of Nederland obtained information indicating that certain drug
companies and their corporate affiliates,parents,subsidiaries,and such other defendants as may
be added to the litigation(collectively,"Defendants")have engaged in fraudulent and/or reckless
marketing and/or distribution of opioids that have resulted in addictions and overdoses;and
WHEREAS,these actions, conduct, and misconduct have resulted in significant financial
costs to the City;and
WHEREAS,on October 30, 2024,the State of Texas,through the Office of the Attorney
General, and a negotiation group for Texas political subdivisions adopted the Kroger Texas
Settlement Agreement and provided the Texas Settlement Subdivision Participation and Release
Form (Exhibit "A") for governmental entities to approve to participate in the Kroger Texas
Settlement;and
WHEREAS,Special Counsel and the State of Texas have recommended that the Nederland
City Council support the adoption and approval of the Texas Settlement Subdivision Participation
and Release Form in its entirety;and
WHEREAS,the Nederland City Council finds and determines that it is in the best interest
of the health,safety, and welfare of the City to participate in the Texas Settlement Sub_division
Participation and Release Form.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
1. The City supports the adoption and approval of the Texas Settlement Subdivision
Participation and Release Form in its entirety;and
2. The City finds as follows:
a. There is a substantial need for re-payment of opioid-related expenditures and
payment to abate opioid-related harms in and about the City of Nederland;and
b. The City hereby supports in its entirety and hereby adopts the allocation method
for opioid settlement proceeds as set forth in the KROGER TEXAS SETTLEMENT
and the Texas Settlement Subdivision Participation and Release Form,attached hereto
as Exhibit A. The City Council understands that the purpose of this Texas Settlement
Subdivision Participation and Release Form is to permit collaboration between the
State of Texas and political subdivisions to explore and potentially effectuate
resolution of the Opioid Litigation against pharmaceutical supply chain
participants as defined therein. The City also understands that an additional
purpose is to create an effective means of distributing any potential settlement
funds obtained under this Texas Settlement Subdivision Participation and Release Form
between the State of Texas and political subdivisions in a manner and means that
would promote an effective and meaningful use of the funds in abating the opioid
epidemic in this City and throughout Texas.
3. The Nederland City Manager is authorized to execute any settlement participation
forms.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this
the 914 day of DECEMBER.2024 at which meeting a quorum was present and voting.
AYa-go,trae----
Don Albanese,Mayor
City of Nederland,Texas
ATTEST: .. ^ '
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Joni Un rwood,City Clerk
City of Nederland,Texas
APPROVE 11 e •'M AND LEGALITY:
Leavins,City Attorney `moo`° "!ED '''%,,
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City of Nederland,Texas
-:f;OF 1. F ,‘
Exhibit A
TEXAS SETTLEMENT SUBDIVISION PARTICIPATION AND RELEASE FORM
Political Subdivision: Texas
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Texas Political Subdivision"), in order to obtain
and in consideration for the benefits provided to the Texas Political Subdivision pursuant to
the Kroger Texas Settlement Agreement and Full Release of All Claims dated October 30, 2024
("Kroger Texas Settlement"), and acting through the undersigned authorized official,hereby
elects to participate in the Kroger Texas Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Texas Political Subdivision above is aware of and has reviewed the Kroger
Settlement Agreement, understands that all terms in this Participation and Release
Form have the meanings defined therein, and agrees that by executing this
Participation and Release Form, the Texas Political Subdivision elects to participate
in the Kroger Texas Settlement and become a Participating Texas Political
Subdivision as provided therein.
2. The Texas Political Subdivision shall immediately cease any and all litigation
activities as to the Released Entities and Released Claims and, within 14 days of
executing this Participation and Release Form, its counsel shall work with Kroger's
counsel to dismiss with prejudice any Released Claims that it has filed.
3. The Texas Political Subdivision agrees to the terms of the Kroger Texas Settlement
pertaining to Texas Political Subdivisions as provided therein.
4. By agreeing to the terms of the Kroger Texas Settlement and becoming a Releasor,
the Texas Political Subdivision is entitled to the benefits provided therein, including,
if applicable, monetary payments beginning after the Effective Date of the Release.
5. The Texas Political Subdivision agrees to use any monies it received through the
Kroger Texas Settlement solely for the purposes provided therein.
A-1
6. The Texas Political Subdivision submits to the exclusive jurisdiction and authority of
the Texas Consolidated Litigation Court as defined in the Kroger Texas Settlement.
For the avoidance of doubt,nothing contained in this Participation and Release Form,
or the Kroger Texas Settlement, constitutes consent to jurisdiction, express or
implied,over the Texas Political Subdivision or its selected counsel to the jurisdiction
of any other court(including without limitation MDL 2804,the MDL 2804 Fee Panel,
the MDL 2804 Enforcement Committee, or the Court in which any Texas Consent
Judgment is filed)for any purpose whatsoever.
7. The Texas Political Subdivision, as a Participating Texas Subdivision, has the right
to enforce the Kroger Texas Settlement in the Texas Consolidated Litigation Court
as provided therein.
8. The Texas Political Subdivision, as a Participating Texas Subdivision, hereby
becomes a Releasor for all purposes in the Kroger Texas Settlement, including but
not limited to all provisions of Section V (Release), and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any
of the foregoing and any agency, person, or other entity claiming by or through any
of the foregoing,and any other entity identified in the definition of Releasor,provides
for a release to the fullest extent of its authority. As a Releasor, the Texas Political
Subdivision hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or
to otherwise seek to establish liability for any Released Claims against any Released
Entities in any forum whatsoever. The releases provided for in the Kroger Texas
Settlement are intended by the Parties to be broad and shall be interpreted so as to
give the Released Entity the broadest possible bar against any liability relating in any
way to Released Claims and extend to the full extent of the power of the Texas
Political Subdivision to release claims. The Kroger Texas Settlement shall be a
complete bar to any Released Claim.
9. The Texas Political Subdivision hereby takes on all rights and obligations of a
Participating Texas Subdivision as set forth in the Kroger Texas Settlement.
10. In connection with the releases provided for in the Kroger Texas Settlement, each
Texas Political Subdivision expressly waives, releases, and forever discharges any
and all provisions, rights, and benefits conferred by any law of any state or territory
of the United States or other jurisdiction, or principle of common law, which is
similar, comparable, or equivalent to § 1542 of the California Civil Code, which
reads:
General Release; extent.A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist
in his or her favor at the time of executing the release that, if known
by him or her, would have materially affected his or her settlement
with the debtor or released party.
A-2
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims,but each
Texas Political Subdivision hereby expressly waives and fully, finally, and forever
settles,releases and discharges,upon the Effective Date,any and all Released Claims
that may exist as of such date but which Releasors do not know or suspect to exist,
whether through ignorance, oversight, error, negligence or through no fault
whatsoever,and which,if known,would materially affect the Governmental Entities'
decision to participate in the Kroger Texas Settlement.
11. The Texas Political Subdivision acknowledges, agrees, and understands that the
Maximum Texas Settlement Amount to be paid under the Kroger Texas Settlement
for the benefit of the Participating Texas Political Subdivision,is less than or equal
to the amount, in the aggregate, of the Alleged Harms allegedly suffered by the
governmental entity, constitutes restitution and remediation for damage or harm
allegedly caused by Kroger in order to restore, in whole or part, the governmental
entity to the same position or condition that it would be in had it not suffered the
Alleged Harms; and constitutes restitution and remediation for damage or harm
allegedly caused by the potential violation of a law and/or is an amount paid to
come into compliance with the law.
12.Nothing herein is intended to modify in any way the terms of the Kroger Texas
Settlement Agreement,to which the Texas Political Subdivision hereby agrees.To
the extent this Participation and Release Form is interpreted differently from the
Kroger Texas Settlement,the Kroger Texas Settlement controls.
I have all necessary power and authorization to execute this Participation and Release
Form on behalf of the Texas Political Subdivision.
Signature:
Name:
Title:
Date:
•
A-3
ORDINANCE NO.2024-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2024-
2025 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2024-18 which adopted
the Fiscal Year 2024-2025 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 2024-2025 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2025 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2024 and ending September 30,2025,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 2024-2025 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,this being an ordinance not requiring publication,it shall take effect and be in force
from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
REGULAR MEETING THIS THE 9th DAY OF DECEMBER,2024.
//-
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
Joni Ullderwood,City Clerk 1`1[Q ''o,�
APPROVED TO FORM AND LEGALITY: = + \
Chris Leavins,City Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2024-2025
DATE: December 9, 2024
DEPARTMENT: Various
FUND: General (01)
Parks Special (25)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-9000-6904 Transfer to Parks Special Fund 430,000 250,000 680,000
25-0000-4910 Transfer In 430,000 250,000 680,000
25-0000-6350 Blgd/Structure Improvements 160,000 (60,000) 100,000
25-5103-6350 Bldg/Structure Improvements 29,500 (10,000) 19,500
25-5103-6720 Buidling Improvements - 320,000 320,000
TOTAL 1,049,500 750,000 1,799,500
JUSTIFICATION
In the General Fund,the fund balance is drawn down by$250,000 by increasing the transfer to the Parks
Special Fund to allocate funding of the Swimming Pool Rehabilitation/Improvements project.
In the Parks Special Fund, the greater transfer-in from the GF is reflected. Current funding is re-allocated
with $320,000 allocated for the Pool project.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted: