06-09-2025 Agenda
NEDERLAND CITY COUNCIL
AGENDA
NOTICE is hereby given of a regular meeting of the Nederland City Council to be held Monday,
June 9, 2025, 6:00 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://www.youtube.com/@CityofNederlandTX).
PUBLIC COMMENT ON AGENDA ITEMS. Citizens may provide comments regarding the
items listed on the Consent or Regular Agenda. Citizens 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 PLEDGES OF ALLEGIANCE
3. CITIZEN COMMENTS
At this time, members of the audience may comment on any city-related subject not on the
agenda. Anyone wishing to speak shall sign-in before the meeting with their name and
address. Comments are limited to three minutes unless otherwise allowed by City Council.
The Texas Open Meetings Act prohibits the Council from discussing items not listed on the
agenda. A member of the audience that desires to speak during City Council’s
consideration of any specific agenda items is requested to notify City staff prior to the start
of the meeting.
4. REGULAR AGENDA
NEW BUSINESS
a. Recognition of Cheryl Dowden, Interim City Manager and Heather Stucker, Director of
Finance, regarding State and Local Fiscal Recovery Funds grant. Requested by Mayor
Darby.
b. Discussion and possible action to approve the Minutes of May 19, 2025 regular meeting.
c. Discussion and possible action to approve the Inspections departmental monthly report
for April.
d. Discussion regarding drainage and sanitary sewer issues occurring on May 30, 2025.
Requested by Mayor Pro-Tem Ortiz.
e. Receive comments from Renee O’Conner regarding Animal Control Officer after-hours.
Requested by Councilman Jones.
f. Discussion and possible creation of an Animal Control Advisory Committee. Requested
by Mayor Darby.
AGENDA
June 9, 2025
Page 2
g. Discussion and possible creation of an Infrastructure Advisory Committee. Requested
by Mayor Darby.
h. Discussion and possible action to approve the final payment and release of retainage for
the “Tex Ritter Park Lighting” project.
i. Discussion and possible action to approve the replat request regarding Tract I-C-A Block
2 of Hillcrest Terrace Addition.
j. Discussion and possible action to approve the submitted preliminary plat, Shergar
Subdivision, to be located on the property known as 1420 S. 29th Street.
k. Discussion relating to residency stipend pay for unrepresented City employees who
reside within the boundaries of the City limits. Requested by Mayor Pro-Tem Ortiz.
l. Discussion and possible action approving the hiring of a Forensic Auditing Firm.
Requested by Mayor Darby.
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 – Police Chief candidates
Deliberations regarding candidates and search process for City Manager
Deliberations about Real Property – Texas Government Code, Chapter 551.072
1308 Boston Avenue
Consultation with 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, including but not limited to:
1308 Boston Avenue
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 the
candidates and search process for 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. ADJOURN
AGENDA
June 9, 2025
Page 3
Jeffrey P. Darby, 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”
June 9, 2025 Meeting
ITEM 4. REGULAR AGENDA
NEW BUSINESS
a. Mayor Darby has requested an agenda item to recognize the City’s Finance Director and
Interim City Manger regarding State and Local Fiscal Recovery Funds grant.
b. Attached are the minutes of May 19, 2025 regular meeting.
c. Attached is the April 2025 Departmental Report from the Inspections Department for
your review.
d. Mayor Pro-Tem Ortiz has requested a discussion item regarding drainage and sanitary
sewer issues occurring on May 30, 2025.
e. Receive comments from Ms. Renee O’Connor regarding after-hour animal control
services. Requested by Councilman Jones.
f. Discussion and possible creation of an Animal Control Advisory Committee. Requested
by Mayor Darby.
g. Discussion and possible creation of an Infrastructure Advisory Committee. Requested by
Mayor Darby.
h. In FY 2021-2022, staff was authorized to bid the “Tex Ritter Park Lighting” project.
Neches Engineers completed the design work, and the project was bid in 2022. At the
City council meeting on November 14, 2022, the project engineer recommended rejecting
the sole bid after he determined the bid was not within a reasonable cost for the specified
scope of work. It was later determined the sole bidder submitted their bid with errors that
increased the bid pricing. At August 28, 2023 City council meeting the project engineer
and former Parks Director had discussed alternative approaches and recommended
revising the scope of work to incorporate additional lighting provided by Entergy along
the western perimeter of the park and re-bidding the work. The scope of work included
three light poles (similar to those utilized at Doornbos Park) with LED light fixtures and
improved electrical loop at the park with new receptacles. Bids were opened on January
10, 2024, with four bids received. The project engineer recommended awarding the
project to the lowest, responsible bidder-Gulf Coast Electric Company in the amount of
$57,900.00 with 120 calendar days for completion. A change order was requested in
June 2024 for additional trench and wire with additional receptacles in the amount of
$5,250.00. Following the approval of Change Order No. 1, the contract price is
$63,150.00. The work was completed last summer; however, the Parks Director was
unable to contact the project engineer as he transitioned to another engineering firm. The
project engineer was contacted after several months, and he certified the work was
completed in accordance with the contract documents. Attached is the final payment in
the amount of $63,150.00 that shall be paid via the Hotel/Motel Fund $45,900 and the
Parks Department budget $17,250. The project engineer and Parks Director recommend
approval.
i. I have attached copies of draft minutes from the May 13, 2025 Planning and Zoning
(P&Z) Commission meeting and the replat request for Tract 1-C-A Block 2 of Hillcrest
Terrace Addition. Also, attached is a memorandum from the building official providing
background to the P&Z Commission members. The replat was requested by the owners
Guadalupe Garcia and Christopher Collier. According to the draft minutes of the P&Z
May 13, 2025 meeting, the commission voted to deny the replat request due to the
remaining strip of land not meeting the minimum standards for a buildable lot. The Chief
Building Official concurs with the recommendation to deny the replat request.
j. Attached is the proposed preliminary plat of the Shergar Subdivision. Also, attached is a
copy of the building officials background memo to the Planning and Zoning Commission
members. The proposed preliminary plat includes the following deviations from the
minimum standards required in the Subdivision Ordinance: the Ordinance requires a 60’
minimum width for the street right-of-way and the plat shows a 50’ street ROW. Also,
the front yard setbacks for lots 6, 7, 8 and 9 show a 15ft from the minimum 20ft. On
May 13, 2025, the Planning & Zoning Commission voted to recommend to City Council
approval of the preliminary plat request for Shergar Subdivision with the requirement that
a homeowner association be created for ownership of the detention ponds with bylaws
describing the perpetual maintenance of the detention ponds by the association. Mr.
Wheeler concurs with the Planning and Zoning Commission’s recommendation to
approve the preliminary plat with the additional requirements for a homeowner
association to maintain ownership and maintenance of detention ponds.
k. Mayor Pro-Tem Ortiz has requested an agenda item to discuss residency stipend pay
relating to City employees who are non-represented and reside within the boundaries of
the City limits. Currently, the City pays residency stipend pay monthly to employees in
the police and fire departments who reside within Nederland city limits. The amounts
agreed to per their collective bargaining contracts are $125/per month for homeowners
and $75/per month for renters. There are an estimated 27 non-represented City
employees who reside within the Nederland city limits. Considerations to consider are
how unique household situations should be handled to ensure consistency, fairness and
clarity for HR and payroll staff. For example, how would married couples who are both
employed by the City receive the stipend? Will younger employees living with their
parents receive the stipend? Currently, public safety workers who have Nederland
addresses but live outside city limits do not receive the stipend.
l. A request for discussion and possible action to approve hiring a Forensic Auditing Firm
has been requested by Mayor Darby.
REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
6:00 p.m. May 19, 2025
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor Darby 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 PLEDGES OF ALLEGIANCE
The invocation was led by Mayor Pro Tem Ortiz and the Pledges of Allegiance were led
by Mayor Darby.
3. CITIZEN COMMENTS
No citizens comments were received.
6. EXECUTIVE SESSION
The regular meeting was recessed at 6:03 p.m. by Mayor Darby for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Consultation
with 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, including but not limited to 2007 Avenue B.
The regular meeting was reconvened at 6:41 p.m. by Mayor Darby.
4. 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.
Mayor Darby removed the Consent Agenda Items “a thru c” to be considered separately.
a. Councilmember Jones stated the wording on Item 11 of the Minutes of the May 12, 2025
should be corrected to reflect ‘Mayor Darby.’ A motion was made by Councilmember
Duplant and seconded by Mayor Pro Tem Ortiz to approve the Consent Agenda Items “a-c”
as corrected. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
Minutes continued, May 19, 2025
NOES: None.
b. April 2025 Departmental Reports
POLICE:
Casey Maxwell, Administrative Assistant, gave a summary of the police report for April
2025. John Ortiz, 2811 Nashville, asked about fees collected by the department and where
they were applied to. Some fees are allocated to the state and some to the city.
FIRE:
Terry Morton, Fire Chief, gave a summary of the fire department report.
PUBLIC WORKS:
Rob Woods, Director of Public Works, gave a summary of the Water Plant, Streets,
Drainage, Solid Waste, Animal Control, Sanitation and Trash departments. He stated that
15,000 linear feet of ditches have been cleaned out by the contractor. The city is doing the
culvert cleaning. Mayor Pro Tem Ortiz commented on the tree limb pile in the back of
Public Works which the department is in the process of clearing out.
Renee O’Conner, asked about procedures the Animal Control department has in place
regarding loose dogs.
Manuel Villarreal, 2016 Ave C, stated his culverts need to be cleaned out.
Jolei Shipley, 8765 Holmes Road, requested more details be shown on the departmental
reports such as addresses, what type of work was done, and jobs completed by the
contractors.
Angela Fanette, 1016 N. 31st St., recommended the reports be summarized by year, list out
addresses and repairs completed and for the city to prepare a preventative maintenance
plan.
Susan Toomey, 504 Carriage Lane, requested that the number of animal bites be shown on
the animal control officer report.
INSPECTIONS:
George Wheeler, Chief Building Official, summarized the Code Enforcement report.
Councilmember Jones stated he would like to see more enforcement on rubbish, disabled
vehicles and dilapidated structures. Mr. Wheeler stated his Inspections report for April
will be on the next agenda.
Cathy Evans, 115 S. 2nd St., stated she has been having an ongoing issue with a dilapidated
house on her street, 116 S 2nd St., involving theft, debris piles, tall grass and rodents. Mr.
Wheeler stated the house will be boarded up as soon as it becomes uninhabited and the
condemnation process will begin. Daniel Cates, 204 S. 2nd St., stated the backyard at this
property is unsightly and needs to be cleaned out. Mr. Wheeler stated once the house is
condemned and demolished, the backyard will be cleaned out.
Minutes continued, May 19, 2025
LIBRARY:
Molli Hall, Director of Library Services, gave a summary of the library report.
PARKS:
Toby Latiolais, Parks and Recreation Director, gave a summary of the Parks report.
Councilmember Sonnier asked when the restrooms would be opened back up for park
usage. Mr. Latiolais stated they are in the process of opening these back up but the daily
locking and unlocking of the doors is a safety issue.
FINANCE:
Heather Stucker, Director of Finance, gave a summary of the Finance Department which
included the meter and water billing department. She stated the ACH drafting is free to
residents as opposed to the $1.25 fee for web payments.
CITY CLERK:
Joni Underwood, City Clerk, gave a summary of the City Clerk report.
c. Tax Assessor Collection Report – April 2025
5. REGULAR AGENDA
a. Diane LaBorde, President of the Chamber of Commerce, presented the quarterly Hotel
Occupancy Tax Fund financial report. Mayor Darby asked about payments to a lawn
service and why this was contracted out. Ms. LaBorde stated that the city maintenance
on Tex Ritter Park was only temporary and eventually they had to employ a lawn
service to keep the park maintained.
A motion was made by Councilmember Jones and seconded by Mayor Darby to receive
the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber
of Commerce. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
b. A motion was made by Councilmember Duplant and seconded by Councilmember
Sonnier to approve a work authorization with Schaumburg & Polk, Inc. for Smoke
Testing. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Rob Woods stated the work could begin in June with the smoke testing and then the rain
events for data on the flow monitoring. Work could possibly be complete by April of
next year.
Angela Fanette asked if the flow monitoring can be done simultaneously with other
steps in the process. She requested a base map of the work being done, asked if citizens
can accompany Schaumburg & Polk to assist and requested a weekly report of the work
completed.
c. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to
approve Ordinance No. 2025-09, amending the fiscal year 2024-2025 budget.
Minutes continued, May 19, 2025
MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
d. A motion was made by Mayor Darby and seconded by Councilmember Ortiz to approve
Resolution 2025-08, amending the Travel and Subsistence Policy to reflect the current
General Services Administration. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
UNIFNISHED BUSINESS
e. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
postpone indefinitely authorizing the publication of the notice of intent for Certificates
of Obligation to finance wastewater system improvements and other water or sewer
infrastructure improvements. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
f. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
postpone indefinitely approving Resolution No. 2025-04, declaring official intent to
reimburse expenditures related to the 2025 Sanitary Sewer Rehabilitation – Western
Section project. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
g. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
postpone indefinitely approving a work authorization with Schaumburg & Polk, Inc. for
the 2025 Sanitary Sewer Rehabilitation – Western Section project. MOTION
CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
6. EXECUTIVE SESSION
The regular meeting was recessed at 8:45 p.m. by Mayor Darby for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Personnel –
Texas Government Code, Chapter 551.074, Discuss personnel – Interim Police Chief.
7. RECONVENE
The regular meeting was reconvened at 9:41 p.m. by Mayor Darby.
8. A motion was made by Councilmember Duplant to appoint Terry Morton as Interim Police
Chief pending legal review. Councilman Sonnier seconded this motion with an amendment
to increase the Interim Police Chief’s salary by 25% during the interim time period,
beginning June 1, 2025. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
9. Mayor Darby stated Council has reviewed seven attorneys for legal representation related to
Minutes continued, May 19, 2025
the arbitration with former City Manager, Chris Duque and has chosen Larry Simmons.
10. ADJOURN
There being no further business a motion was made by Mayor Darby to adjourn the meeting
at 9:50 p.m.
__________________________
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas
MEMORANDUM
To: Cheryl Dowden, Interim City Manager
From: Jim Lancaster, Streets & Drainage Supervisor
Subject: Rain Event
Date: May 30, 2025
In anticipation of possible rain events, our crews are deployed in STORM duty mode to help
prevent stormwater backups in ditches and drains. They begin by checking on problem
areas to stay ahead of potential pipe, inlet, and catch basin blockages. When calls are
received in our office, they are dispatched to me or field crew leaders.
As of last Friday, May 30, I was out of the office in the afternoon, our crew leaders were
monitoring and dispatching crew members to areas as needed. We received seven
requests after lunch when a heavy rain started, and we addressed six of those requests.
The final request was handled on Monday, June 2, at 919 S. 29th Street.
Unfortunately, when a large amount of rain falls quickly, it can overwhelm our roadside
ditches, especially because the DD7 ditches are backed up. In such cases, there is little
we can do until the main outfall ditches have retreated.
Sincerely,
CITY OF NEDERLAND
Jim Lancaster
Streets & Drainage Supervisor
Name Date End Date Request Type Status Assigned To Location Note
REQ101699 5/30/2025 5/30/2025 Street Drainage Complete Jim Lancaster 2727 CHICAGO W AVE compby: WO
REQ101693 5/30/2025 6/2/2025 Street Drainage Complete Jim Lancaster 919 29TH S ST [145' of pipe flushed] compby: JR AG
REQ101703 5/30/2025 5/30/2025 Street Drainage Complete Jim Lancaster 3004 NEDERLAND AVE compby: DH
REQ101701 5/30/2025 5/30/2025 Street Drainage Complete Jim Lancaster 2300 AVENUE H compby: DH
REQ101694 5/30/2025 5/30/2025 Street Drainage In Progress Jim Lancaster 2804 AVENUE G Installing culvert overflow pipes - completed by
6/20/2025
REQ101700 5/30/2025 5/30/2025 Street Drainage Complete Jim Lancaster 1012 13TH S ST compby: WO
REQ101697 5/30/2025 5/30/2025 Street Drainage Complete Jim Lancaster 115 35TH ST compby: WO
REQ101688 5/30/2025 5/30/2025 Wastewater Stop Up (Service)Complete Barry Burns 3122 AVENUE H compby: RR CB HH
REQ101698 5/30/2025 5/30/2025 Wastewater Stop Up (High Water)Complete Barry Burns 3112 LAWRENCE AVE compby: CB RR
REQ101696 5/30/2025 5/30/2025 Wastewater Stop Up (High Water)Complete Barry Burns 1312 36TH S ST compby: CB RR
REQ101695 5/30/2025 5/30/2025 Wastewater Stop Up (High Water)Complete Barry Burns 408 31ST ST compby: CB RR
Total 11
Heavy Rain Event 5/30/25
MEMORANDUM
To: Cheryl Dowden, Interim City Manager
From: Robert Woods, Public Works Director/City Engineer
Barry Burns, Water & Wastewater Supervisor
Subject: Rain Event – May 30th, 2025
Date: June 5th, 2025
On May 30, 2025, during a rain event, crews responded to calls as they were received from
dispatch. The crew checked each reported stoppage in the city service line and the main lines.
During the rain event, they also inspected the sanitary sewer system, including service lines and
main lines, to ensure that any issues were related to the rain.
The crew distinguished between stormwater-related issues and sanitary sewer-related problems.
Some reports, such as the ditches being full, were mistakenly called in as if they were due to a
stoppage in line because of the rain. Crews verified any overflows and reported them to the state
only when they confirmed the overflow occurrences.
The rain event on May 30, 2025, did cause an overflow at 3519 Ave L, and an overflow report was
submitted to the Texas Commission on Environmental Quality (TCEQ). Following the rain event,
the crew conducted a thorough cleaning of the affected area, which included approximately 720
feet of sanitary sewer line and flushing out seven manholes.
I also observed that calls reporting overflows, leaks, and other issues are being directed to various
places instead of public works. Once a call is received by our group, it may no longer be relevant,
as crews will not submit an overflow report unless they witness it themselves.
**Sanitary Sewer System – The Western Study**
The crews have identified and verified the locations of dead and vacant manholes. They have also
performed cleaning and removal of large debris in manholes that were restricting the flow in some
sewer interceptors.
Some manholes may benefit from rain stoppers, which need to be ordered. The Western Study
primarily involves large sewer lines.
Currently, the Water and Sewer Department does not have the necessary materials on hand. We
maintain a limited supply of material for repairs and emergencies, which is insufficient for any
rehabilitation projects.
The following is a list of materials that would be needed for point repairs. Currently, city crews
are unable to replace longer segments of wastewater mains due to a lack of necessary equipment
and manpower.
- 6-Inch Pipe: For 17 jobs, approximately 250 feet of 6-inch sewer pipe is required to get started.
- 8-Inch Pipe: For 35 jobs, approximately 750 feet of 8-inch sewer pipe is needed to get started.
- Manhole Rings: Ten locations require new manhole rings; however, considering the overall
condition and deterioration of the existing manholes, it would be more cost-effective to perform a
full manhole replacement.
Let us know if you need further assistance or clarification.
Thank you,
Public Works Staff
MEMORANDUM
To: Planning and Zoning Commission
From: George Wheeler, Chief Building Official
Subject: Request for approval of the Preliminary Plat of Shergar Subdivision
Date: May 5. 2025
The preliminary plat presented includes the following deviations from the minimum
standards required in our Subdivision Ordinance. The preliminary plat consideration is for the
lot sizes, ROW width, and easement dimensions and over all layout. All utility and other
construction standards will be reviewed by City staff during the final plat process. Once
construction drawings and the final plat are approved, then construction can begin. Approving
the preliminary plat only gives the developer the ability to start spending money on the
design of the final plat and construction drawings.
DEVIATIONS:
• Right-of-way width: Ordinance stipulates a 60 ft. minimum width for the street right-of-
way. The plat shows a 50 ft. right-of-way.
• Front yard setback: in cul-de-sak lots #6. 7, 8 and 9. The ordinance requires a 20ft
front yard setback these four lots show to be 15ft front yard setback.
DETAILS:
• Right-of-way width: the subdivision ordinance calls for a minimum ROW width of 60ft.
Approving the decrease in ROW width from 60ft to 50ft does give the lots a little more
buildable area in lot depth. The dimensions of the property can accommodate our 60ft
ROW width and still have all the lots meeting the minimum lot depth of 100ft. Typically
when we approve a 50ft ROW we require a 10ft easement adjacent to the ROW line to
give sufficient area for installing utilities. The 50ft ROW with the 10ft easement will
actually give 21ft. from the street curb for installing of utilities. The 60ft ROW without
the 10ft easement only gives 16ft from the street curb to run utilities. The preliminary
plat does have the 10ft easement.
• Front yard setbacks: This request is typical due to the radius of the front property lines.
This setback decrease from 20ft to 15ft gives the lots more buildable area in lot depth
and has been approved many times in the past.
• Surveys notes: under surveys notes shown on the plat, I like note #3 but am concerned
about note #7. Note #7 states that lot owners #1 and #14 are responsible for
maintaining the private drainage area/detention ponds. These areas are shown to be
part of their respective lot. The detention areas are 110ft by 122ft. These detention
areas must not become overgrown at any time. The volume of holding capacity is
based on a clear sides and clear and unobstructed bottom. More information will be
shown on the construction plan set but I do have a worry and concern about one
individual property owner being responsible for the maintenance and repair of the
subdivisions detention areas. What if the property becomes vacant and no owner is
claiming to be responsible or the property owner cannot maintain the detention area.
My recommendation would be for a homeowners association should be set up as the
responsible party for maintenance and repair of the detention areas. The association
rules will spell out the funds needed for maintenance responsibilities and the
responsibility to the city for perpetual maintenance of the areas.
N 36°42'59" E 717.67'S 53°22'20" E 293.59'S 36°44'02" W 717.38'N 53°25'47" W 293.37'(717.50')(293.33')(717.50')(293.33')
121.93'
121.96'
121.98'
122.01'
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C5N 36°42'59" E 607.42'80.00'80.00'80.00'80.00'80.00'80.00'80.00'80.00'R50.0122.09'50.00'121.50'N 36°42'59" E 60.10'15'buildingsetbackline
190.50'80.00'80.00'80.00'80.00'147.08'60.09'146.50'
121.50'
121.50'
121.50'
121.50'
121.50'N 81°20'56" W 109.49'190.35'41.03'41.01'190.46'146.87'59.77'147.10'80.00'80.00'80.00'80.00'190.50'S 25°13'06" E 109
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'Technician: AMLFile: 2025169ccessSurveyors, LLCACommercial - Industrial - ResidentialSWNEFirm No. 10136400www.access-surveyors.com § rpls5163@aol.comSycamore Addit
ionV.8, P.205, MRJCT2712625242322282930313210' utility easementReplat of Sycamore Addit
ion No. 3V.9, P.63, MRJCT6543217891010' utility easementABCR, LLC4.354 Acres2014035108, OPRJCTBLOCK 1Hillcrest TerraceV.6, P.92, MRJCT383736353423456141312111098750'Curve TableCurve #C1C6C7C2C3C4C5Length21.03'21.03'241.19'40.83'79.57'80.31'40.48'Radius25.00'25.00'50.00'50.00'50.00'50.00'50.00'Chord DataN 60°42'13" E 20.41'S 12°30'50" W 20.41'N 53°23'29" W 66.67'S 61°24'23" W 39.70'S 07°34'28" E 71.43'N 80°49'18" E 71.95'N 11°36'46" E 39.38'Private Drainage AreaF.
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O Hilldale Dr.S. 29th St.S. 27th St.Hardy Ave.not to scaleSitePRELIMINARYSHERGARSUBDIVISIONREGISTERED PROFESSIONAL LAND SURVEYOR NO. 6650SCOTT N. BRACKIN(1) All bearings and coordinates are referenced to the Texas CoordinateSystem of 1983 (NAD83), South Central Zone, with a convergence angle of02°27'17" and a scale factor of 0.99992145 at the Point of Beginning.(2) All elevations are referenced to the North American Vertical Datum of1988 (NAVD88), based on GNSS observation and tied to Trimble's VRS network(using GEOID 18).(3) All lots shall be graded to drain to streets and shall not drain toadjacent lots before or after structures are built.(4) The subject property is located in Flood Zone "C", as per CommunityPanel 485492 0005 D, FIRM dated June 3, 1991. Access Surveyors does notwarrant nor subscribe to the accuracy of said map.(5) All set lot corners are capped 1/2" iron rods stamped "Access Surveyors".(6) There is a 5' building setback from side lot lines and a 20' buildingsetback from rear lot lines.(7) The owner(s) of Lot 1 and Lot 14 will be responsible for maintaining thePrivate Drainage Area shown on each respective lot. The private drainageareas are for the benefit of all lots in the subdivision.THIS IS TO CERTIFY THAT I, SCOTT N. BRACKIN, A REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS, HAVEPLATTED THE ABOVE SUBDIVISION FROM AN ACTUAL SURVEY MADE ON THE GROUND; AND THAT ALL CORNERS ARE PROPERLY MARKEDWITH 1/2" X 24" STEEL RODS CAPPED "ACCESS SURVEYORS" UNLESS OTHERWISE NOTED ON THIS PLAT, AND THAT THIS PLATCORRECTLY REPRESENTS THAT SURVEY MADE BY ME.SURVEYED: JUNE 28, 2025PLAT DATED: MARCH 6, 2025TEXAS PWSK ENTERPRISE, LLC, HEREBY CERTIFY THAT I AM THE OWNER OF LOT 16, BLOCK 5, HILLCREST SECONDADDITION "ACRES" EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP OF PROPOSED ADDITION; THAT I HAVEHAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN; THAT ALL STREETS AND EASEMENTS SHOWN ARE DEDICATEDFOREVER FOR PUBLIC USE INCLUDING INSTALLATION, OPERATION, AND USE OF ALL PUBLIC UTILITIES AND THAT THEFOREGOING MAP OF SHERGAR SUBDIVISION, IS MADE FOR THE PURPOSE OF DESCRIPTION AND DEDICATION, IMPOSINGON SAID PROPERTY THE BASIC RESTRICTIONS, CONDITIONS, COVENANTS, AND LIMITATIONS SHOWN HEREON.TEXAS PWSK ENTERPRISE, LLCBY: MUKHTIAR ALI KHUWAJA, MANAGING MEMBERSTATE OF TEXASCOUNTY OF JEFFERSONTHIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 2025 BY MUKHTIAR ALI KHUWAJA ONBEHALF OF SOME COMPANY A NOTARY PUBLIC IN AND FOR THE STATE OF TEXASThis is to certify that the City of Planning and Zoning Commission of the City of Nederland, Texashas approved this plat and subdivision.Planning and Zoning Commission of the City of Nederland, Texas this day of , 2025.ChairmanApproved on this day of , 2025, by City Council, Nederland, Texas.Attest By: MayorCity ClerkFound 1/2" RodP.O.B.Found 1" RodN:13,928,421.98E:3,554,746.12El:13.19'Found 1" RodFound Rodcapped "Access"= Called Bearing, Distance= Set Rod capped "Access"(--)LEGEND35'0'70'I, Roxanne Acosta-Hellberg, County Clerk of Jefferson County,Texas do hereby certify that the within instrument was filedfor registration in my office and dulyrecorded 2025, in County Clerk'sFile No., Jefferson County Official PublicRecords.County Clerk, Jefferson County, TexasBy Deputy.Restrictions: Clerk's File No. South 29th StreetAvenue N(a 50' wide proposed public roadway)10' utility & drainage easement10' utility & drainage easement20' building setback line20' building setback line(a 50' wide public roadway)Private Drainage Area110.5' drainage easement 110.5' drainage easement
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