Loading...
05-12-2025 Agenda NEDERLAND CITY COUNCIL AGENDA NOTICE is hereby given of a regular meeting of the Nederland City Council to be held Monday, May 12, 2025, 5:30 p.m., at the Nederland City Hall, 207 North 12th Street, Nederland, Texas, for the purpose of considering the following agenda items. The City Council reserves the right to retire into Executive Session concerning any of the agenda items whenever it is considered necessary and legally justified pursuant to Texas Government Code, Chapter 551. Members of the public can participate remotely via Zoom Teleconferencing. Citizens may join the Zoom Meeting by clicking on the Virtual Council Meeting https link on the City of Nederland’s website or calling the Zoom Call in Number and entering the Meeting ID# on the City of Nederland’s website. The City of Nederland's Council meeting will be live on the city's Facebook page (https://www.facebook.com/CityofNederlandTX) and the city's YouTube Channel (https://studio.youtube.com/channel/UCR9Q2GFANtAD7NBqDofedaA/livestreaming). PUBLIC COMMENT ON AGENDA ITEMS. Citizens may provide comments regarding the items listed on the Consent or Regular Agenda. Citizens shall raise their hand to be recognized by the Mayor and will address the City Council from the podium after providing their name and address. Comments shall not exceed three minutes. 1. CALL THE MEETING TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE 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. Minutes – April 14, 2025 regular meeting and April 28, 2025 special meeting b. Tax Assessor Collection Report – March 2025 4. REGULAR AGENDA a. Comments from Mayor Don Albanese. b. 2025 City Election: i. Consider action approving Resolution No. 2025-05, canvassing and declaring the results of the general election held on May 3, 2025 for the purpose of electing a Mayor and Nederland Councilmembers for Ward II and Ward IV. ii. Recognition of Mayor Albanese, Councilmembers Sylvia Root and David Guillot. iii. Swear-in Mayor and Councilmembers Wards II and IV. iv. Elect Mayor Pro Tempore in accordance with the City Charter. c. Discussion and possible action to approve Ordinance No. 2025-08, setting the calendar for regular City Council meetings – May 2025 to April 2026. d. Discussion and possible action to approve Resolution No. 2025-06, authorizing account signatories for the City’s TexPool Investment Account. AGENDA May 12, 2025 Page 2 e.Discussion and possible action to approve Resolution No. 2025-07, adopting and establishing City Council Policies and Procedures for City Council meetings. f.Discussion and possible action to approve final payment and release of retainage for the Hilldale/Hill Terrace and Nederland Avenue project. g.Discussion and possible action to approve the purchase of a computer software application from GovWell Technologies, Inc. 5.EXECUTIVE SESSION (No Public Discussion on These Items) The City Council will announce that it will go into Executive Session, pursuant to Chapter 551 of the Texas Government Code, to discuss matters as specifically listed on the agenda, or as authorized by law. Personnel – Texas Government Code, Chapter 551.074 Discuss personnel – Appointment and employment of City Manager Discuss personnel – Interim City Manager Deliberations about Real Property – Texas Government Code, Chapter 551.072 1308 Boston Avenue 200 Block of N. 13th Street 20 x 100 foot alley adjacent to 1023 Helena Consultation with City Attorney – Texas Government Code, Chapter 551.071, regarding legal matters, pending of contemplated litigation, a settlement offer, or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. 6.RECONVENE Reconvene into regular session and discuss and take action, if any, on items discussed in Executive Session. 7.Discussion and possible action arising out of or related to Executive Session regarding Interim City Manager. 8.Discussion and possible action arising out of or related to Executive Session regarding the real property located at 1308 Boston Avenue. 9.Discussion and possible action arising out of or related to Executive Session regarding the real property located at 200 Block of N. 13th Street. 10.Discussion and possible action to approve the engagement of counsel for legal representation related to the arbitration with former City Manager, Chris Duque. AGENDA May 12, 2025 Page 3 11.ADJOURN Don Albanese, Mayor City of Nederland, Texas ATTEST: Joni Underwood, City Clerk City of Nederland, Texas “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” "CONFORME A LA SECCIÓN 30.07, DEL CÓDIGO PENAL (ENTRADA SIN AUTORIZACIÓN POR TITULAR DE LICENCIA CON UNA PISTOLA VISIBLE), UNA PERSONA CON LICENCIA BAJO EL SUBCAPÍTULO H, CAPÍTULO 411 DEL CÓDIGO DE GOBIERNO (LEY DE LICENCIAS DE PISTOLAS), NO PUEDE ENTRAR EN ESTA PROPIEDAD CON UNA PISTOLA VISIBLE” May 12, 2025 Meeting ITEM 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. I would recommend acceptance of all the below-listed items. a.Attached are the minutes of the April 14, 2025 regular meeting and the April 28, 2025 special meeting. b.The 2024-2025 total adjusted tax levy is $7,918,645.91 and the amount of collections as of March 31, 2025 is $7,056,273.54 which represents 89.11% of the total tax levy. In comparison to the prior year, the amount of property tax collected as of March 31, 2024 was $7,216,789.08, which represented 89.37% of the total tax levy. I recommend acceptance of the March 2025 Tax Collection Report. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. April 14, 2025 1. MEETING The meeting was called to order at 5:30 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 Tem 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 Councilmember Guillot to approve the Consent Agenda Item “a thru b” as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. a. Minutes – April 7, 2025 regular meeting b. March 2025 Departmental Reports Angela Fanette, 1016 N. 31st St., requested to see the departmental report attachments on the agenda. Jolei Shipley, 8765 Holmes Rd., requested to see the departmental report attachments on the agenda. Jeff Darby, 1515 N. 26th St., stated he has requested to see the departmental report attachments also in the past. Mayor Pro Tem Sonnier stated that he is concerned about the privacy issue of these reports as these reports do contain resident addresses. Ed Short, 236 Atlanta, made comments about an item unrelated to the agenda regarding a possible LNVA project. Minutes continued, April 14, 2025 4. EXECUTIVE SESSION The regular meeting was recessed at 5:41 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with City Attorney – Texas Government Code, Chapter 551.071, Pending Claim of Todd Guidry 5. RECONVENE The regular meeting was reconvened at 6:08 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 6. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier to approve Ordinance No. 2025-07, setting the calendar (date and time) for the regular City Council meeting to be held on May 12, 2025 at 5:30PM. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. b. Steve Jordan with Schaumburg & Polk, Inc presented the final study of the 2024 Wastewater System amended Study – Western Section. He stated that approximately 50 manholes that were not included in the prior report were found and inspected. There are 11 left on the list due to rusted lids or being buried. The smoke testing showed some areas having problems and the recommendation is to replace these lines. The main trunk line is a potential capacity issue. A number of manholes were found to be in bad shape structurally or they were leaking and these will need replacing. Many of the cleanout caps were off. Cost estimates for the inflow and infiltration is at 1.8M, gravity sewer lines at 3.1M, total at approximately 5.6M to repair all. A pump station could be considered for this area which is at the lowest elevation. Chris Duque, City Manager, stated S&P was instructed to evaluate only this western section at this time and will be submitting a proposal to smoke test the remaining areas of the city. He stated 90% of the cleanouts have been addressed and the Code Enforcer is working with residents on compliance with our code. Jolei Shipley commented this study only covers 1/5 of the city and asked if the city has a plan regarding the other areas of the city. She distributed pictures of a cleanout located in another area of the city where the cap is off and there are issues with the line. f. Item 6.f was moved at Angela Fanette’s request to receive comments from her regarding the City’s sanitary sewer system. Angela Fanette suggested the smoke testing be completed throughout the entire city before moving forward with any repairs to the sewer system. She also suggested the city obtain training for our employees in this area and stated no new tie ins on the system should be allowed. She suggested that a committee be formed to establish further citizen communication on this issue. She stated the city should petition the Minutes continued, April 14, 2025 Jefferson County Appraisal District for a market modifier for our area and to research grant opportunities for a sewer system. Jolei Shipley commented that she had received a letter regarding tall grass at her property at 3519 Ave L. While mowing it, she noticed the ground had raw sewage. She asked what the city’s plan was for additional smoke testing and stated the city should perform their own smoke testing. Chris Duque stated that in order to repair the entire city’s sewer system, an election would be needed for voter approval on the large amount. He stated the city has not conducted their own smoke testing in the past 20 years. This would require training for employees as well as additional equipment. Steve Jordan stated he will have a proposal for smoke testing covering the entire city at the next regularly scheduled council meeting after May 12th. c. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to table Resolution No. 2025-03, authorizing the publication of the notice of intent for Certificates of Obligation to finance wastewater system improvements and other water or sewer infrastructure improvements, until the next regularly scheduled council meeting after May 12, 2025. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. d. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to table Resolution 2025-04, declaring official intent to reimburse expenditures related to the 2025 Sanitary Sewer Rehabilitation – Western Section project, until the next regularly scheduled council meeting after May 12, 2025. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to table a work authorization with Schaumburg & Polk, Inc. for the 2025 Sanitary Sewer Rehabilitation – Western Section project, until the next regularly scheduled council meeting after May 12, 2025. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. g. Jeff Ortiz, 2011 Nashville, stated Acadian ambulance service, which is used by the city, continues to have delayed response times. He quoted several response times, one being 17 mins, which is over the time limit. He recommended the city devise a plan to help this company as this has been an ongoing issue since 2010. He suggested having a workshop to gather ideas. Terry Morton, Fire Chief, stated we have one ambulance that services three cities – Nederland, Port Neches and Groves. If the ambulance is responding to one of these other cities, then we do not have an ambulance here to service Nederland. The city does Minutes continued, April 14, 2025 have a new engine that has room to transport someone to a hospital with a firefighter riding along in extreme circumstances. Britton Jones, 1132 Gary Avenue, stated he did public information requests on these response times. Response times ranged from 11 mins. to 41 mins. and that it is a normal occurrence for response times to be delayed. 7. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 7:29 p.m. __________________________ Don Albanese, Mayor City of Nederland, Texas ATTEST: ___________________________ Joni Underwood, City Clerk City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:00 p.m. April 28, 2025 1. MEETING The meeting was called to order at 4:00 p.m. by Mayor Albanese at the Bob Henson Building, 1903 Atlanta Avenue, 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.” INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and Pledge of Allegiance was led by Mayor Pro Tem Sonnier. Keith Bass, 2425 Avenue E, asked when the notice of the special meeting was given to council and the timing of appointing Terry Morton as Interim City Manager. Councilmember Duplant explained the reasoning behind moving forward on the City Manager search. Mayor Pro Tem Sonnier explained the timing of the appointment of Terry Morton. Jolei Shipley, 8765 Holmes Road, commented on the timing of the emails sent out regarding the scheduling of the special meeting. 2. EXECUTIVE SESSION (No Public Discussion on These Items) The regular meeting was recessed at 4:11 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Personnel – Texas Government Code, Chapter 551.074, Review of candidates for City Manager position. 3. RECONVENE The regular meeting was reconvened at 5:22 p.m. by Mayor Albanese. 4. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier to table Item 4.a, the purchase of a computer software application from GovWell Minutes continued, April 28, 2025 Technologies, Inc, for future consideration at the next meeting. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Jeff Darby, 1515 N. 26th St., commented on whether this item was an emergency item. Jolei Shipley, commented on the legal notice given for this meeting and stated the notice does not include items A thru I from the agenda. Angela Fanette, 1016 N. 31st St., commented on the city’s current tracking system for building code information. George Wheeler, Chief Building Official, stated that contractors are requesting the capability of paying for permits online. This program would facilitate that need. Jolei Shipley suggested tabling this item and get feedback from the contractors on a possible increase in permit fees to cover this expenditure. b. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Duplant to approve an amendment to the 2024-2025 Wage & Classification Plan establishing an operator trainee program for the Wastewater Treatment Plant. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Jeff Darby, asked for the pay rate differences on steps 105 and 106 of the wage plan. c. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve an amendment to Ordinance No. 2024-16, utility rates and regulations (revising Section 16. Returned Check Fees). MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. d. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve the Quarterly Investment Report from the Finance Department. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Jeff Darby asked about the date on which the quarterly investment report was received. e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to approve Resolution No. 2025-04, authorizing account signatories for the City’s TexPool Investment Account. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Jolei Shipley asked why Cheryl Dowden was not named as an account signer on this account. Chris Duque explained that Ms. Dowden is an interim city employee and the new city manager will replace her as the city’s investment officer. Minutes continued, April 28, 2025 f. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to revise the account signatories for the City’s bank account. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. g. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to approve a Settlement Agreement and General Release between the City of Nederland and Todd Guidry. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. h. A motion was made by Councilmember Root and seconded by Councilmember Duplant to appoint Terry Morton as Acting Interim City Manager effective 5PM on April 30, 2025 until 8AM on May 5, 2025. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Keith Bass asked why an Assistant City Manager had not been previously appointed. Chris Duque stated the selection of a new Assistant City Manager should be the new City Manager’s decision. i. Employee Group Benefits: Jolei Shipley asked about the timing of receiving the bid packages and if there is an expiration date on the bids. She stated that the city should solicit the employees input before making health insurance decisions. The regular meeting was recessed at 6:02 p.m. by Mayor Albanese for the purpose of conducting a City of Nederland Employees Benefits Trust meeting to award bids for employee group benefits. The regular meeting was reconvened at 6:29 p.m. by Mayor Albanese. A motion was made by Mayor Pro Tem Sonnier and seconded by Guillot to authorize the transfer of funds from the City of Nederland to the City of Nederland Employee Benefits Trust to pay for employee-related benefits. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 6:34 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with City Attorney – Texas Government Code, Chapter 551.071; Discuss City legal matters – Grievance filed by Christopher Duque, City Manager; Personnel – Texas Government Code, Chapter 551.074, Discuss personnel – Grievance filed by Christopher Duque, City Manager. 6. RECONVENE Minutes continued, April 28, 2025 The regular meeting was reconvened at 7:36 p.m. by Mayor Albanese. A motion was made by Councilmember Duplant, and seconded by Mayor Pro Tem Sonnier to follow the separation process as provided in the personnel policy, regarding City Manager, Chris Duque’s grievance related to accrued leave under his employment contract. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Jeff Darby commented on the arbitration and associated fees the City will now incur. Jolei Shipley asked if there was a formula used to determine Chris Duque’s severance package payout. Mayor Pro Tem Sonnier commented that this figure had not been calculated at this time. 7. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 7:45 p.m. __________________________ Don Albanese, Mayor City of Nederland, Texas ATTEST: ___________________________ Joni Underwood, City Clerk City of Nederland, Texas May 12, 2025 Meeting ITEM 4. REGULAR AGENDA a. Receive comments from Mayor Don Albanese. b. 2025 City Election: i. In accordance with the State statute, the May 3, 2025 election results must be canvassed. The general election results for Mayor and City Council Ward II and Ward IV are as follows: Early Voting Election Day Provisional Combined Total % MAYOR Jeff Darby 946 224 8 1,178 58.46 Emmett Hollier 650 185 2 837 41.54 COUNCILMAN WARD II Britton Jones Sylvia Root 1,044 538 249 151 8 2 1,301 691 65.31 34.69 COUNCILMAN WARD IV Jeff Ortiz 1,120 277 7 1,404 70.98 David Guillot 453 118 3 574 29.02 Attached is Resolution No. 2025-05 that canvasses and declares the results of the Mayor and City Councilmember election. Mrs. Underwood recommends approval of this item; I concur with her recommendation. ii. Recognition of Mayor Albanese and Councilmembers Sylvia Root and David Guillot. iii. Mayor Darby, Councilman Jones (Ward II), and Councilman Ortiz (Ward IV), will be sworn-in. iv. Following the general election, in accordance with the City Charter, it is necessary to designate a Mayor Pro Tempore. There is no staff recommendation for this item; the Council retains the authority to make this determination. c. Attached is proposed Ordinance 2025-08, setting the calendar for regular City Council meetings—May 19, 2025 to April 2026. d. Attached is proposed Resolution No. 2025-06, authorizing account signatories for the City’s Texpool Investment Account. Since 1997, the City has had an account with Texpool. During the April 28, 2025 Special Meeting, the City council approved Resolution 2025-04, removing Chris Duque, City Manager and adding Joni Underwood, City Clerk as authorized representative of Texpool. Texpool requires a minimum of two signatures to transact business. The proposed Resolution updates the authorized signatories by adding the Interim City Manager. Mrs. Stucker recommends approval of this item; I concur with the Finance Director’s recommendation. It may be necessary to update this again following the appointment of a new city manager. e. Attached is proposed Resolution 2025-07, adopting and establishing City Council Policies and Procedures for City Council meetings as provided by the City Charter, Section 3.11- Rules of Procedures. f. At the October 28, 2024 City Council meeting, a project for hot mix overlays of Hill Terrace Drive (Avenue H to Hwy 365) and Hilldale Drive (north Hill Terrace loop to Hill Terrace south connection), was awarded to the lowest and responsible bidder—Blacksmith Ventures, LLC in the amount of $ 763,550.00. The final contract price is $715,445.00, a reduction of $48,105.00. This project is funded by a Community Development Block Grant Street Improvements project. The City was awarded $4,259,659 in Hurricane Harvey CDBG Disaster Recovery grant funding through the General Land Office (GLO); the original grant was awarded to address drainage issues in the Hilldale/Hill Terrace area and Nederland Avenue between 1st Street and 5th Street. The engineering and construction of that drainage project were completed with remaining grant funds. The GLO approved an amendment to the grant to allow the remaining grant funds to be utilized for a street improvement project to include Hill Terrace Drive (Avenue H to Hwy 365) and Hilldale Drive (north Hill Terrace loop to Hill Terrace south connection). Attached are the Texas GLO Certificate of Construction Completion, Texas GLO Construction Change Order Request, and Pay Application number 2 for final payment and release of retainage in the amount of $71,544.50 to be paid from grant funds. The grant administrator and Public Works Director recommend approval of Final Acceptance and Release of retainage in the amount of $71,544.50. g. At the April 28, 2025 City Council Special meeting, an item to purchase computer software from GovWell Technologies, Inc. was tabled for future consideration. The Information Technology Director and Chief Building Official has requested that item be tabled indefinitely as they would like to provide additional information and other potential benefits for use of this software. This item may be brought back to City Council for consideration at a later date. The Information Technology Director and Chief Building Official recommend tabling this item. RESOLUTION 2025-05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CANVASSING THE ELECTION RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD ON SATURDAY, MAY 3, 2025, FOR THE PURPOSE OF ELECTING A MAYOR AND COUNCIL MEMBERS FOR WARD II AND WARD IV WHEREAS, the City Council of the City of Nederland, Texas, adopted a Resolution calling an election to be held on May 3, 2025 for the purpose of electing members to serve on the City Council of the City of Nederland, Texas, for Mayor, Ward II and Ward IV; and WHEREAS, the Mayor and Councilmembers for Ward II and Ward IV are to be elected for a term of three (3) years; and WHEREAS, said election was duly held at the time and at the places specified in the Resolution after due notice as required by law had been given: NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT all independent candidates at the election to be held on the first Saturday in May, 2025, for the municipal election scheduled for May 3, 2025, was duly called and notice was given in accordance with the law and in accordance with the Resolution calling for said election. THAT the election was held in accordance with applicable state statutes and ordinances of the City of Nederland, Texas, and the following votes were cast: Mayor Early Voting Election Day Voting Provisional Ballot Total Jeff Darby 946 224 8 1178 Emmett Hollier 650 185 2 837 Councilmember Ward II Early Voting Election Day Voting Provisional Ballot Total Britton Jones 1044 249 8 1301 Sylvia Root 538 151 2 691 Councilmember Ward IV Early Voting Election Day Voting Provisional Ballot Total Jeff Ortiz 1120 277 7 1404 David Guillot 453 118 3 574 PASSED, APPROVED AND ADOPTED this 12th day of May, 2025. Don Albanese, Mayor City of Nederland, Texas ATTEST: Joni Underwood, City Clerk City of Nederland, Texas APPROVED AS TO FORM: Chris Leavins, City Attorney City of Nederland, Texas ORDINANCE NO. 2025-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SETTING REGULAR DATES FOR CITY COUNCIL MEETINGS TO BE HELD FROM MAY 19, 2025 THROUGH APRIL 27, 2026 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 6:00 p.m. on each of the following dates: May 19, 2025 June 9 and 23, 2025 July 14 and 28, 2025 August 11 and 25, 2025 September 8 and 22, 2025 October 13 and 27, 2025 November 10 and 17, 2025 December 8 and 15, 2025 January 12 and 26, 2026 February 9 and 23, 2026 March 9 and 23, 2026 April 6 and 13, 2026 Section 2. ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this 12TH day of MAY, 2025. Jeff Darby, Mayor City of Nederland, Texas ATTEST: Joni Underwood, City Clerk City of Nederland, Texas APPROVED AS TO FORM: Chris Leavins, City Attorney City of Nederland, Texas RESOLUTION NO. 2025-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING ACCOUNT SIGNERS FOR THE CITY OF NEDERLAND’S TEXPOOL INVESTMENT ACCOUNT WHEREAS, the City of Nederland is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City of Nederland to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool (“Texpool/Texpool Prime”), a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The City’s investment officers (city manager and finance director) are authorized representatives of the participant and are each hereby authorized to transmit funds for investment in Texpool/Texpool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. Section 2. An authorized representative of the City may be deleted by a written instrument signed by two remaining authorized representatives provided that the deleted authorized representative (1) is assigned job duties that no longer require access to the participant’s Texpool/Texpool Prime account or (2) is no longer employed by the City. Section 3. The City may by amending the resolution add an authorized representative provided the additional authorized representative is an officer, employee, or agent of the City. The Interim City Manager is added as an authorized representative of the City of Nederland. Section 4. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This resolution shall become effective from and after its passage. PASSED AND APPROVED by the Nederland City Council this 12th day of May, 2025. ___________________________________ Jeff Darby, Mayor City of Nederland ATTEST: Joni Underwood, City Clerk APPROVED AS TO FORM: Chris Leavins, City Attorney RESOLUTION NO. 2025-07 A RESOLUTION OF THE NEDERLAND CITY COUNCIL ESTABLISHING WRITTEN GUIDELINES AND RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS WHEREAS, Section 3.11 – Rules of Procedures of the Home Rule Charter of the City of Nederland provides that “the City Council shall determine its own rules and order of business.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: 1. The City of Nederland Policy on City Council Meetings, a copy of which is attached hereto marked “Exhibit A” and made part of this Resolution is hereby approved and adopted as written. 2. This Resolution shall take effect from and after the date of its passage. 3. It is hereby found and determined that the meeting at which this Resolution is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings, Act, Chapter 551, Texas Local Government Code. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this the 12TH day of May, 2025 at which meeting a quorum was present and voting. Jeff Darby, Mayor City of Nederland, Texas ATTEST: Joni Underwood, City Clerk City of Nederland, Texas APPROVED AS TO FORM: Chris Leavins, City Attorney City of Nederland, Texas Exhibit “A” Nederland City Council Policy on City Council Meetings FINDING: The Nederland City Council ("Council") finds that its meetings can be run more efficiently with greater public participation. These policies are intended to establish written guidelines on how Council meetings shall be run. 1. All Council meetings shall be run using the latest edition of Robert's Rules of Order. 2. The Mayor (or the Mayor Pro Tem in the absence of the Mayor) shall preside at all Council meetings. 3. The items of "Unfinished Business" and "New Business" shall be added to all agendas to provide clarity for the Council and the public. Unfinished Business shall include items previously discussed but not yet finally decided. New Business shall include items not previously discussed. 4. Any member of the City Council (Mayor and four Councilmembers) as well as the City Manager can place any item on the agenda by sending the item to the Mayor and City Manager. Typically, this should be done at least 48 hours before the posting of the agenda. The name of the proposer(s) shall be shown after the agenda item. 5. Any member of the public can request to place an item on the agenda by sending the proposed agenda item to the Councilmember for their Ward and then discussing the matter with their Councilmember. Typically, this should be done at least 72 hours before the posting of the agenda. The Councilmember can choose to add this item to the agenda as his/her own, or allow it to go on the agenda to be discussed by the proposer(s). The name(s) of the proposer(s) shall be shown after the proposed agenda item. 6. Anyone who discusses an item on the agenda shall speak into a microphone so that the comments can be recorded. The person shall state their name, followed by their title (if speaking as a City employee) or address (if speaking as a citizen). Each member of the public is limited to no more than three (3) minutes on any agenda item. 7. Any member of the public who wants to speak at a City Council meeting shall sign-in before the meeting with their name and address. This person shall speak into a microphone, first stating their name and address, then speak for no more than three (3) minutes. 8. The First Amendment to the United States Constitution applies at all meetings of the Nederland City Council, yet all comments must be suitable for a public meeting at which children may be listening. 9. The Council reserves the right to amend this policy. Agenda item submitted by Jeff Darby, Mayor Subreclpient: COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office Certificate of Construction Completion City of Nederland Contract#: I 20-065-149-C905 joate: 14/24/2025 '--------;=:==�-=========:::::; This is to certify that a fina l inspection of the project described below wa s conducted on Contract was entered in_to on 11/13/2025 . jbetween the city/county ofj ... N_e_d_e _ria_n_d ______ __,land '---1 B_la_c _k_sm_ith _V_en_t_u _re_s_, l_n _c. ________ ____.lfor the construction of !Hill Terrace & Hilldale Drive Rdwy & Drainage Imp This is to further certify that: 1, The work has beer:i completed in accordance with the plans and specifications and all addenda, change orders, and supplemental agreements thereto, with the following exceptions: 2. The sum of '---lo ______ _,!, deducted from the final payment to the Contractor is a fair and equitable settlement for the foregoing excepted work. 3.The Contractor has presented on behalf of itself and its sureties, satisfactory evidence that he or she will repair, replace or make good any fa.ulty workmanship and/or materials discovered in the work within a period of l1...1_2_M_o_n_t_hs _________ __J from this date, as provided in the Contract. 4.Amount of Original Contract: 1$763,550.00 C\jmulative Change Orders: Final Amount of Contract: Less Previous Payments: Less Deductions (from #2 above): FINAL PAYMENT (Balance): 5. The Final Payment in the amount above is now due and payable. 6.Final Quantities:� -Pr,9Ject Name Descrlptlor:i Metne Activity Gode (dropdown) (from P.et:farmance Stimclard) (What is your, �ctlvlty?) QuaAtltY {dropi!lown) ... 4 -Street Improvements Nederland 20-065-149-C905 Pavement lmprov 5500 Linear Feet - . . Effective June 2020 Page 1 of 2 May 12, 2025 Meeting ITEM 5. EXECUTIVE SESSION It is necessary to update Mayor and City Council on personnel and property issues in closed session.