07-14-2025 Agenda
NEDERLAND CITY COUNCIL
AGENDA
NOTICE is hereby given of a regular meeting of the Nederland City Council to be held Monday,
July 14, 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. Discussion and possible action to approve a Proclamation recognizing James White.
Requested by Councilmember Sonnier
b. Minutes – June 23, 2025 regular meeting and June 13, 2025 special meeting.
c. Appointments:
i. Consider action appointing members to the Infrastructure Committee.
ii. Consider action appointing members to the Planning and Zoning Board.
iii. Consider action appointing members to the Construction Board of Appeals.
iv. Consider action appointing members to the Nederland Economic Development
Commission.
d. Discussion and possible action to approve the purchase of four radio consolettes for the
Central Dispatch Department.
AGENDA
July 14, 2025
Page 2
e. Discussion and possible action to approve Ordinance No. 2025-10, amending the Code of
Ordinances by amending Chapter 102-Traffic and Vehicles, Article II.-General Traffic
Regulations, Division 7-Operation of Vehicles, to Establish a School Safety Zone.
f. Discussion and possible action to approve Ordinance No. 2025-11, amending the fiscal
year 2024-2025 budget.
g. Conduct a Public Hearing for the purpose of receiving comments regarding amending the
zoning text by adding a new land use Events Centers to table 13.2 “Schedule of
permitted uses” with the appropriate parking group.
h. Discussion and possible action regarding amending the zoning text by adding a new land
use Events Centers to table 13.2 “Schedule of permitted uses” with the appropriate
parking group.
i. Conduct a Public Hearing for the purpose of receiving comments regarding a request for
a Specific Use Permit to locate an automotive shop for ceramic coatings, vinyl wraps and
detailing at 1837 18th St.
j. Discussion and possible action regarding a request for a Specific Use Permit to locate an
automotive shop for ceramic coatings, vinyl wraps and detailing at 1837 18th St.
k. Discussion and possible action to approve Resolution 2025-09 authorizing the Mayor as
the authorized signatory for contractual documents pertaining to the purchase of property
located at 204 North 13th Street and 212 North 13th Street, described as Lots 16, 17 and
18, Block 17 of Town of Nederland, Jefferson County, Texas.
l. Discussion and possible action to approve Resolution 2025-10 terminating the License to
Encroach between the City and Johnny Powell and Jackie Powell related to Doornbos
Park, and removal of structures. Requested by Mayor Darby
m. Receive comments from citizens regarding the real property located at 1123 Canal
Avenue. Requested by Councilmember Jones
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.
Consultation with City Attorney – Texas Government Code, Chapter 551.071
1123 Canal 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
real property located at 1123 Canal Avenue.
8. ADJOURN
AGENDA
July 14, 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”
July 14, 2025 Meeting
ITEM 4. REGULAR AGENDA
NEW BUSINESS
a. Attached is a proclamation recognizing James “Jim” White for service to our country,
state, and community.
b. Attached are the minutes of June 23, 2025, regular meeting and June 13, 2025, special
meeting
c. Board and Commission Appointments
i. City council will discuss appointing members to the Infrastructure Committee.
ii. City council will discuss appointing members to the Planning and Zoning Board.
iii. City council will discuss appointing members of the Construction Board of
Appeals.
iv. City council will discuss appointing members of the Nederland Economic
Development Board.
d. The MCML Dispatch department requests authorization to purchase four radio consolettes.
The consolettes are backup radio equipment that supports Central Dispatch and will be
purchased via HGAC for a cost of $48,079.31 to include equipment, labor, and programming.
A certified Motorola technician with Bearcom Radio examined the equipment and
determined it appeared damaged by an electrical surge. A claim was filed with the City’s
insurance carrier, and it was confirmed that lightning caused the damage on 12/28/2024. The
equipment is no longer supported by Motorola due to age and extent of damage makes it
unrepairable. Insurance proceeds were received in the amount of $47,829.31 ($48,079.31
less $250 deductible) and will be used to purchase the units. I recommend approval of this
purchase.
e. Attached is proposed Ordinance 2025-10 Amending the Code of Ordinances by
amending Chapter 102-Traffic and Vehicles, Article II.-General Traffic Regulations,
Division 7-Opeartion of Vehicles, to establish a School Safety Zone. The roadway in
front of Central Middle School is a high traffic area during drop off and pick up times at
the school. Nederland I.S.D. discourages individuals being dropped off and picked up in
the front of the school because of the traffic congestion. N.I.S.D. has a designated drop
off point on the north side of the school near the tennis courts. Many students walk to the
school from various directions and must cross the roadway in front of the school at
various points. The location in front of Central Middle School requires additional safety
measures than a crossing guard would provide due to the various directions that students
are traveling to and from the school. Additional safety measures will require amending
Chapter 102-Traffic and Vehicles, Article II.-General Traffic Regulations, Division 7-
Operation of Vehicles by adding Section 102-144. – Motor vehicles prohibited on a
portion of N. 17th Street on school days from one-half hour before school starts until one-
half hour after school ends for Central Middle School. The school safety zone will be
located from the 200 block to the 300 block of N.17th Street at the designated times. No
students or other individuals shall be dropped off or picked up in the school safety zone.
Pursuant to Section 12.02 of the City Charter of the City of Nederland, the Ordinance
may be published at least twice in the official newspaper of the City and shall take effect
from and after its passage by the City Council and publication. Staff recommends
approval.
f. Attached is proposed Ordinance 2025-11, amending the fiscal year 2024-2025 budget.
The current budget was approved September 9, 2024, by Ordinance 2024-18. There are
insufficient budgeted funds appropriated for Finance-Auditing and Accounting line item
due to approval at the June 23rd City Council Meeting of a Forensic Audit at a proposed
cost of $48,000 to $78,000. Additionally, an amendment is needed to purchase a Police
Pursuit Vehicle equipped with in-car camera system, radio, lights and computer for
automated dispatching for the Police Chief. I recommend approval of this item.
g. A public hearing will be held to receive comments and discuss amending the City’s
Zoning Ordinance text to include a new land use; Events Centers to table 13.2
“Schedule of permitted uses” with the appropriate parking group. The public hearing will
allow interested parties an opportunity to voice their concerns, questions, comments, etc.
h. The Planning and Zoning Commission met on July 8, 2025, and after discussion
recommended to place “Event Centers” in zoning districts C-2-neighborhood retail
commercial, C-3-highway retail commercial, I-L-industrial light and I-M industrial
medium with a parking group of #3(One space for each 300 square feet of net building
floor space.) The Chief Building Official and Planning and Zoning Commission
recommend approval.
i. A public hearing will be held to receive comments and discuss a request for a Specific
Use Permit to locate an automotive shop for ceramic coatings; vinyl wraps and detailing
at 1837 N 18th Street. The public hearing will allow interested parties an opportunity to
voice their concerns, questions, comments, etc.
j. David and Jennifer Nguyen; proposed owners of property located at 1837 N 18th Street
submitted a request for a specific use permit to allow for a vehicle detail shop to include
ceramic and vinyl wrap and window tinting. The current property owner is aware of the
request with the sale to Nguyens contingent on the approval of the specific use permit.
The Building Official explained that the request is not for services such as engine repair,
maintenance or overhaul, body repair and painting. The property is currently zoned C-2
neighborhood retail. The Chief Building Official and Planning and Zoning Commission
recommend approval.
k. Attached is proposed Resolution No. 2025-09, designating an authorized signatory for
contractual documents pertaining to the purchase of property located at 204 North 13th
Street and 212 North 13th Street, described as lots 16, 17 and 18, Block 17 of Town of
Nederland. The purchase of the property was approved by City Council on November
11, 2024, at a regular meeting; restrictions on the property were removed on June 12,
2025 which allows the sale of property without deed restrictions. The Mayor is
authorized to execute the closing documents. I recommend approval of this item.
l. Attached is Resolution 2025-10 terminating the License to Encroach between the City of
Nederland and Johnny and Jackie Powell (licensee) related to Doornbos Park. On April
9, 2001, a License to Encroach Agreement was issued to allow licensee to encroach on
City property (Doornbos Park), said encroachments being more particularly shown on
Attachment “A”. In the agreement item 5, states that in the event the City of Nederland,
by Resolution of the City Council of such City determines it needs the subject property,
or any part thereof, for the benefit of the City or to protect the health, safety or welfare of
the public and it terminates the license, or any part thereof, Licensee shall not receive any
compensation and the City of Nederland, Texas shall not be liable therefore, whether for
the value of the property taken, damage to the abutting or remaining property or
improvements, loss of business or profit, loss of access, or otherwise. The City
determines it needs subject property for benefit of the City, specifically Doornbos Park
property drainage, to protect the health, safety or welfare of the public. The license shall
terminate upon decision of the City Council of Nederland as described in the Resolution
2025-10.
m. Councilman Jones has requested an agenda item to receive comments from citizens
regarding the real property located at 1123 Canal Avenue.
CITY OF NEDERLAND “PROGRAMMED FOR PROGRESS”
Nederland, Texas
Proclamation
WHEREAS, James “Jim” White was born on July 4, 1925 in Port Arthur, grew up in Groves, and
attended what was then Port Neches High School, and
WHEREAS, after graduation, he joined the United States Army the day after his 18th birthday
and served our country in World War Two, and
WHEREAS, he was part of the liberation of France and conquest of Germany, during which he
was wounded by a German hand grenade and received the Purple Heart medal, and
WHEREAS, after the war, he stayed in the United States Army Reserve, retiring at the rank of
Major, and
WHEREAS, after returning home, he attended the Agricultural and Mechanical College of Texas
(now Texas A&M University) and received a degree in mechanical engineering, and
WHEREAS, after 30+ years of service, he retired from Texaco Island in Port Arthur, Texas, and
WHEREAS, he and his wife Pauline raised three sons in Port Arthur and Nederland, living in
Nederland for 50+ years, and
WHEREAS, he stayed active in many civic organizations, including the VFW, the Masons, and 77
years in the Golden Triangle Aggie Club, and
WHEREAS, he was proud of his military service which included the awarding of La Légion
d'Honneur (the French Legion of Honor, the highest award of the French Republic), the Bronze Star
Medal, the Purple Heart Medal, the Good Conduct Medal, and many others, and
WHEREAS, he loved the people of the City of Nederland and brought them honor by a life well-
lived, and
WHEREAS, he passed away a few months before what would have been his 100th birthday on
America's Independence Day,
THEREFORE, I, Jeffrey P. "Jeff" Darby, Mayor of the City of Nederland, do hereby declare
Monday, July 14, 2025 to be
“James "Jim" White Day “
in the City of Nederland. I call upon the people of Nederland to remember Jim for his service to our
country, state, and community. A copy of this proclamation will be maintained in the records of the City
of Nederland.
IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 14th
day of July, 2025.
Jeffrey P. Darby, Mayor
Attest:
Joni Underwood, City Clerk
REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
6:00 p.m. June 23, 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 John Ortiz and the Pledges of Allegiance were led by Mayor
Darby.
3. CITIZEN COMMENTS
There were no citizen comments received.
4. EXECUTIVE SESSION
The regular meeting was recessed at 6:02 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, Discussion on search for City Manager;
Discuss Personnel Appointments: City Clerk, Director of Finance, Police Chief, City
Attorney, and City Judge.
5. RECONVENE
The regular meeting was reconvened at 6:28 p.m. by Mayor Darby.
6. APPOINTMENTS:
a. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to
appoint Rod Carroll as the Police Chief, starting salary at Grade 127, Step 5, with 4
weeks of vacation. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Minutes of June 23, 2025
2
Councilmember Jones thanked Chief Gary Porter for his years of service and dedication
to the City of Nederland. Mr. Carroll thanked the city for allowing him to service the
citizens of Nederland and stated his goal of achieving accreditation for the department
within two years. He will begin his employment within 3-4 weeks.
b. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to authorize the following appointments: Joni Underwood, City Clerk; Heather Stucker,
Director of Finance; Chris Leavins, City Attorney and Larry Dowden as City Judge.
MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
c. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to set salary for Mr. Leavins at $5,250.36 a month and salary for Judge Dowden at
$2,269.20 a month beginning October 1, 2025. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
7. REGULAR AGENDA
NEW BUSINESS
a. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to approve the Minutes of June 9, 2025 regular meeting and June 9, 2025 special
meeting, as presented. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
b. All departmental reports were reviewed. Susan Toney, 504 Carriage Lane, requested the
animal control officer report show more details such as numbers for animal intakes, live
releases, and euthanasians. Susan also wanted to discuss issues with after-hour calls for
the animal control officer.
Councilmember Sonnier requested to open the pool to the public on Sundays if there are
no private parties booked.
c. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to approve the Tax Assessor Collection Report for May 2025. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
d. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones
to approve the street closure of Avenue H between 23rd Street and 25th Street for the
July 4th Celebration event. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Minutes of June 23, 2025
3
e. Appointments:
Mayor Darby explained how the distribution of the appointments to the various boards
are made, stating that each ward has an appointment as well as the Mayor. There are
some issues with past appointments as some of the appointed board members do not
live in their appropriate wards. Councilmember Sonnier stated he would like to validate
this information as he had the understanding that the appointees did not need to live in
their specific wards. Mayor Pro Tem Ortiz stated when he served on council in 2009-
2011, the appointments were ward-based.
i. Planning and Zoning Board: Councilmember Sonnier stated he would like to
look at the historical data on this position before making an appointment. He
requested this appointment be placed on the July 14, 2025 agenda.
ii. Zoning Board of Appeals: Mayor Darby appointed Jacqueline Toups, effective
immediately thru June 30, 2026, a one-year term. Councilmember Jones
appointed Robert Klinger, effective immediately thru June 30, 2026, for a one-
year term.
iii. Construction Board of Appeals: Mayor Darby stated these positions are all at-
large and appointments will be made at the July 14, 2025 meeting.
iv. Parks Advisory Board: Councilmember Duplant appointed James
VanDevender, effective immediately, for the remainder of the term which ends
January 31, 2026. Councilmember Sonnier appointed Keith Bass, to fulfill the
vacant position, effective immediately, with the term ending January 31, 2026.
Councilmember Jones appointed Heather Guidry, effective immediately, for the
remainder of the term which ends January 31, 2027.
v. Civil Service Commission: A motion was made by Councilmember Jones and
seconded by Mayor Pro Tem Ortiz to appoint Tom Lee, effective July 1, 2025,
for a 3-year term, ending June 30, 2028.
vi. Nederland Economic Development Commission: Councilmember Sonnier and
Mayor Ortiz requested these appointments be placed on the July 14, 2025
meeting.
f. A motion was made by Councilmember Duplant and seconded by Councilmember
Sonnier to approve the final payment and release of retainage for the Nederland
Swimming Pool Rehabilitation/Improvements project. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
g. A motion was made by Councilmember Duplant and seconded by Councilmember Jones
to approve amending Ordinance No. 2020-20, Speed Limit for School Zones.
MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Keith Bass, 2415 Avenue E, requested the installation of stop signs on S. 21st, 23rd and
25th St. due to increasing number of speeders on these streets.
h. Appointments were made for the Infrastructure Committee. Mayor Darby appointed
Minutes of June 23, 2025
4
Angela Fanette. Councilmember Duplant appointed Curtis Stratton. Councilmember
Jones appointed Greg Miller. Mayor Pro Tem Ortiz appointed Jolei Shipley.
Councilmember Sonnier will be making an appointment on the July 14, 2025 meeting.
i. Mayor Darby stated a city official is required to be on the Animal Control Advisory
Committee. A motion was made by Mayor Pro Tem Ortiz and seconded by
Councilmember Jones to appoint himself as the required city official representative for
the committee. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
j. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
approve the residency stipend pay of $125/month for unrepresented City employees
who reside within the boundaries of the City limits, effective October 1, 2025.
MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Stephanie Gaspard, Director of Human Resources, stated if both husband and wife are
employed by the city, each would receive the stipend. If both the parent and adult child
live in the same household and are employed by the city, the parent would receive the
monthly $125 stipend and their adult child would receive a $75 ‘renter’ stipend. Proof of
home ownership would be needed.
k. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
approve the hiring of Baker Tilly Advisory Group, LP, to perform a forensic audit on
the City of Nederland, in an amount not to exceed $78,000, with a city council scope of
work. Any phone conferences with auditing firm will include the Mayor, Interim City
Manager and one other councilmember. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Jones, Sonnier, and Ortiz.
NOES: Councilmember Duplant.
Councilmember Duplant suggested having an auditing firm perform a more ‘focused’
audit which would be performed at a lesser amount. Councilmember Sonnier asked if the
auditing firm could possibly review ‘at risk’ areas only.
UNFINISHED BUSINESS
a. Jim Lancaster, Street and Shop Supervisor, presented maps of the culvert cleanout
progress within the city. Mayor Pro Tem Ortiz stated the contractor should be working
on Wards 3 and 4 at this time, not Ward 1. Mayor Darby commented that some of the
ditches are not being dug out properly and the contractor will need to redo many of these
ditches.
Keith Bass stated the ditches are being dug out at 4” deep which is not deep enough and
there is no grade shooting or slope. The entire area around Avenue E and 25th/23rd St. is
holding water and residents are unable to cut their grass properly. Councilmember Jones
asked Mr. Lancaster if the department had the needed tools and staff to clean out the
Minutes of June 23, 2025
5
culverts.
{Councilmember Duplant had to leave the meeting at 8:00pm}
b. Barry Burns, Water/Sewer Supervisor, explained city procedures during rain events. He
stated before rain events the crews are preparing for any flooding issues and respond to
any overflow reports with cleanup. Mr. Burns stated we usually have one employee on
call but will have two employees if they foresee the need. Mayor Pro Tem Ortiz
suggested being more proactive and have more employees on call when heavy rain events
happen. Councilmember Sonnier suggested staggering the employee schedules and
looking at different options for staffing.
Jolei Shipley, 8765 Holmes Rd (also 1436 Ave F, 1119 Jackson), stated she is concerned
about the city’s infrastructure. She has had sewer issues on her properties and has
reported these issues to TCEQ multiple times. Mayor Darby stated these pipes have
collapsed and are in need of repair. Mayor Darby and Mayor Pro Tem Ortiz requested to
view the TCEQ reports. Mrs. Shipley stated if the report goes to Austin, the city does not
receive a copy.
c. Kenneth Morrison, Solid Waste/Animal Control Supervisor, stated a resident has reported
a feral cat population issue in his neighborhood and has requested the city investigate this
issue. Mr. Morrison stated the animal control department has traps that residents can
utilize to catch the feral cats. Mayor Darby and Councilmember Jones stated we may
need to purchase more traps for citizens to utilize.
Don Albanese, 2305 Allan Court, stated the city has an ordinance restricting the number
of animals per household to five.
John Ortiz, 2811 Nashville, stated the city has no cat ordinance in effect at this time.
Jacqueline Toups, 613 N. 13th St., stated she is having a problem with feral cats and asked
if the city has an ordinance requiring cats to have a collar. Mr. Morrison stated there is no
city ordinance requiring a cat collar at this time.
Susan Toney, 504 Carriage Lane, stated the biggest issue regarding the feral cat
population is educating our residents. Residents should not put out food for these feral
cats and she doesn’t recommend cat collars as this can allow the animal to get hung up on
something.
8. ADJOURN
There being no further business a motion was made by Mayor Darby to adjourn the meeting
at 8:37 p.m.
__________________________
Jeffrey P. Darby, Mayor
City of Nederland, Texas
Minutes of June 23, 2025
6
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
12:00 p.m. June 13, 2025
1. MEETING
The meeting was called to order at 12:00 p.m. by Mayor Darby at the Marion and Ed Hughes
Library, 2712 Nederland 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.”
2. EXECUTIVE SESSION
The regular meeting was recessed at 12:00 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 – Deliberation of the
Appointment, Employment, and Duties of a Public Officer or Employee – Chief of Police.
3. RECONVENE
The regular meeting was reconvened at 4:59 p.m. by Mayor Darby.
4. ADJOURN
There being no further business a motion was made by Mayor Darby to adjourn the meeting
at 4:59 p.m.
__________________________
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas
MEMO
To: Cheryl Dowden, City Manager
From: Terry Morton, Fire Chief
Date: July 8, 2025
Subject: Agenda Item - 4 Radio Consolettes
We need to replace 4 damaged radio consolettes. This equipment is for the back-up radio
system that supports Central Dispatch.
A certified Motorola technician with Bearcom Radio has examined the equipment and stated
that it appears they have taken surge damage. These units are no longer supported by
Motorola due to age. The extent of damage and the non-support status makes them
unrepairable. Please find attached documentation that supports the most likely cause of failure
was the result of a lightning strike and/or power surge.
An insurance claim has been processed and approved through TML.
The HGAC quote that includes labor, equipment, and programming is attached to your email.
I recommend the approval of the purchase.
• MOTOROLA SOLUTIONS
Billing Address:
NEDERLAND, CITY OF
1404 BOSTON AVE
NEDERLAND, TX 77627
us
Shipping Address:
NEDERLAND, CITY OF
1404 BOSTON AVE
NEDERLAND, TX 77627
us
QUOTE-3186242
4 APX8500 Consolettes New
Quote Date:07 /01 /2025
Expiration Date:08/01 /2025
Quote Created By:
Mike Wise
mike.wise@bearcom.com
409.842.1776
End Customer:
NEDERLAND, CITY OF
Terry Morton
tmorton@ci.nederland.tx.us
409-723-1529
Contract: 17724 -HGAC (TX)-RA05-21
Line Item Number Description Qty List Price Ext. List Price Contract Sale Price Ext. Sale
# Price Price
1a
1b
APX™ Consolette
L37TSS9PW1AN MOBILE RADIO ALL
BAND CONSOLETTE --------
QA01648AA
GA00255AD
ADD: HW KEY
SUPPLEMENTAL DATA
ADD: SY ESSENTIAL
ACCIDENTAL DAMAGE
3
3
3
----------
1c CA01598AB ADD: AC LINE CORD US 3 ------------------
1d G51AT SOFTWARE LICENSE 3
ENH:SMARTZONE --------
1e GA05508AA DEL: DELETE VHF BAND 3
$13,784.42 $41 ,353.26 $10,243.53 $10,243.53
-----------------------------
1f GA05509AA
1g G806BL
1h QA09113AB
1i G193AK
1j G361AH
DEL: DELETE UHF BAND 3
SOFTWARE LICENSE 3
ENH: ASTRO DIGITAL CAI
OPAPX
ADD: BASELINE RELEASE
SW
3
----------·---
ADD: ADP ONLY (NON-
P25 CAP COMPLIANT)
(US ONLY) -----
SOFTWARE LICENSE
ENH: P25 TRUNKING
SOFTWARE APX
3
3
$30,730.59
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the
""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola ana Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions. Inc.: 500 West Monroe, United States -60661 -#: 36-1115800
Page 1
0 MOTOROLA SOLUTIONS QUOTE-3186242
4 APX8500 Consolettes New
Line Item Number Description Qty List Price Ext. List Price Cont ract Sale Price Ext. Sale
# Pnce Price
1k G90AC
--------
11 L999AG
-----
2 LSV00Q00202A
APXr" Consolette
3 L37TSS9PW1 AN
-•h-------·---•-· --~---·--·--
3a G90AC
ADD: NO MICROPHONE
NEEDED APX
3
ADD: FULL FP W/ES/ 3
KEYPAD/CLOCK/VU --------
DEVICE PROGRAMMING
MOBILE RADIO ALL
BAND CONSOLETTE
ADD: NO MICROPHONE
NEEDED APX
3 $278.57
$13,778.00
$835.71 $278.57 $278.57 $835.71
$13,778.00 $10,238.84 $10,238.84 $10,238.84
-----------------------------------------·-·-----
3b GA00255AD
3c CA01598AB
3d G51AT
ADD: SY ESSENTIAL
ACCIDENTAL DAMAGE
ADD: AC LINE CORD US
SOFTWARE LICENSE
ENH :SMARTZONE --------
3e GA05507AA DEL: DELETE 7/800MHZ
BAND ------------------
3f GA05509AA
3g L999AG
3h G806BL
DEL: DELETE UHF BAND
ADD: FULL FP W/ES/
KEYPAD/CLOCK/VU
SOFTWARE LICENSE
ENH: ASTRO DIGITAL CAI
OPAPX --------------------
3i QA09113AB
3j G193AK
3k G361AH
ADD: BASELINE RELEASE
SW
ADD: ADP ONLY (NON-
P25 CAP COMPLIANT)
(US ONLY)
SOFTWARE LICENSE
ENH: P25 TRUNKING
SOFTWARE APX
4 LSV00Q00202A DEVICE PROGRAMMING 1 $278.57 $278.57 $278.57 $278.57 $278.57 ---------------~----------------------------------
5
6
Product Services
LSV00Q00203A DEVICE INSTALLATION $4,457.14 $4,457.14 --------------
LSV00Q01073A DEVICE MISCELLANEOUS $1,538.46 $1,538.46
DEVICE PARTS/
EQUIPMEN_T _______________ _
$4,457.14 $4,457.14 $4,457.14
$1,538.46 $1 ,538.46 $1,538.46
Grand Total $48,079.31 (USO)
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the
""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products'"'). If no Underlying Agreement exists between
Motorola ana Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States -60661 -#: 36·1115800
Page 2
• MOTOROLA SOLUTIONS
Notes:
QUOTE-3186242
4 APX8500 Consolettes New
• Quote is for 3 700/800 APX8500 Consolettes and 1 VHF Consolette with radio programming included.
Consoles are ADP secure ONLY with NO SECUIRE ALGORYTHM INCLUDED
Quote includes installation and ancillary hardware for installation.
Quote includes List price and H-GAC discounted price.
• Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services
Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be
added to invoices.
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the
""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc .. 500 West Monroe, United States · 60661 -#: 36-1115800
Page 3
• MOTOROLA SOLUTIONS QUOTE-3186242
4 APX85 00 Consolettes New
Line# Item Number Parametric Data
1a QA01648AA AS KHOMID = 04E6
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""lJnderlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products'"'). If no Underlying Agreement exists between
Motorola ani:1 Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States· 60661 -#: 36·1115800
Page 4
• WIOTOROLA SOLUTIONS
Purchase Order Checklist NA OM
arked as PO/ Contract/ Notice to Proceed on Company Letterhead
(PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.
Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name
Bill-To Address
Ship-To Address (If we are shippl11g to a MR location, it must be documented on PO)
Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination
address must be documented on PO)
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted)
Tax'Exemption Status
Signatures (As required)
NOTE: When an ema il order is submitted a confirmation is sent from Motorola AutoNotify referencing a
case number.
Once checklist is complete, order still must go through Order Validation/Credit Approval
STRIKEnet Report #39392084
CoreLogic
Weather Verification Services
~ STRIKEnet®Report
Claim or Reference #
; Insured/Property Owner
STRIKEnet Report#
Address
Coordinates
Reported Date Of Loss
Search Period
' Search Radius
Report Generated
Summary
TX242827
City of Nederland
39392084
1400 Boston Avenue
Nederland , TX 77627
Latitude 29.9741173, Longitude -93.9931562
12/27/2024
. 12/26/2024 US CST -12/28/2024 US CST
10.0 mi (16.l km)
06/28/2025 at 15:36:25 CST
Pagel
STRIKEnet verified the presence of 2465 cloud-to-ground lightning strokes detected within 10.0 miles of
the property for the dates inquired.
Thank you for using STRIKE net to validate lightning. Your report was generated by Corelogic using data
from Vaisala's National Lightning Detection Network" (NLDN), the most comprehensive lightning strike
archive database in North America.
I!; 2025 Corelogic Spatial Solutions LLC wvs.corelogic.com I ( 888) 929-4245 I
STRIKEnet Report #39392084
Lightning Stroke Map
Beau .
-@-••
♦
Kt...f,jo: ♦ ..
♦
•• •♦
♦ ••
♦
•
«;•2025 Corelogic Spatial Solutions LLC
♦ i.C.t
♦
l
' efurt.1•
rdens.
Page 2
2024-12-26
• •♦ ♦ ♦ ♦• ♦ • • : ♦ ♦ ••
• ♦ ~ ♦
•• ' • •
♦ 2024-12-26
Bri 2024-12-27
.:I!~ ·,
.. • • ••
♦ ♦ 2024-12-27
2024-12-28
2024-12-28
2024-12-28
wvs.corelogic.cam I (888) 929-4245 1
STRIKEnet Report # 39392084
Confidence Ellipses For Lightning Strokes
~~~4'
Lightning Confidence Ellipse Map indicates with 99% certainty that the recorded lightning
event contacted the ground within the bounds of the ellipse.
Page 3
2024-12-26
2024-12-26
2024-12-27
2024-12-27
2024-12-28
2024-12-28
2024-12-28
~·2025 Corelogic Spatial Solutions I.LC wvs.corelogic.corn I (888) 929-42451
STRIKEnet Report #39392084
Key Results
Lightning Strokes Detected within 10.0 mi (16.1 km)
Number of Strokes Detected by Time Period
Period
12/26/2024 00:00 US CST -12/26/2024 12:00 US CST
12/26/2024 12:00 US CST-12/27/2024 00:00 US CST
12/27/2024 00:00 US CST-12/27/2024 12:00 US CST
12/27/202412:00 US CST-12/28/2024 00:00 US CST
12/28/2024 00:00 US CST -12/28/2024 12:00 US CST
12/28/2024 12:00 US CST -12/28/2024 23:59 US CST
Lightning Strokes
Date Time CST , Peak current
' (kA)
12/28/2024 15:33:21.576 4.1
12/28/2024 15:58:46.956 . 6.7
--~· -·--
12/28/2024 15:44:36.891 I 9.4
12/28/2024 15:49:22.387 3.6
12/28/2024 • 15:39:36.355 -3.9
. 12/28/2024 15:44:37.193 : 5.9
12/28/2024 15:37:32.582 5.2
12/26/2024 20:11:34.239 -37.4
12/28/2024 15:47:21.556 -14.6
I -
12/28/2024 15:47:37.114 • -15.6
12/26/2024 19:59:55.922 29.6
12/28/2024 15:47:02.896 -18.2 ,. -·
12/28/2024 15:55:57.606 8.5
12/26/2024 19:55:53.554 -59.5
~2025 Corelogic Spatial Solutions LLC
Distance from
Center (mi/km)
0.4/0.6
0.5/0.7
I 0.5/0.9
0.6/0.9
0.7/1.1
0.7/1.2
0.7/1 .2
0.8/1.3
0.8/1.3
,, .. ,:.
I 0.9/1.5
1.0/1.6
1.1/1.7
i l.1/l.8
l.2/l.9
Page 4
2465
# of Strokes
0
956
0
I i -0
0
1509
Latitude Longitude
29.9693 -93.9963
29.9677 -93.9945
29.9664 -93.9934
29.9763 -93.9843
29.9650 -93.9898
29.9790 -93.9826
29.9645 -93.9885
29.9784 -94.0052
29.9696 -93.9805
I 29.9649 -94.0042
29.9679 -94.0079
29.9779 -93.9761
. -----...
• 29.9619 -93.9809
29.9910 -93.9972
wvs.corelogic.com I (888) 929-42451
STRIKEnet Report #39392084
Date
12/28/2024
, 12/28/2024
12/28/2024
12/28/2024
12/28/2024
12/28/2024
• 12/28/2024
12/28/2024
12/28/2024
12/28/2024
12/28/2024
12/28/2024
12/28/2024
12/26/2024
12/26/2024
12/28/2024
12/26/2024
12/26/2024
. 12/28/2024
12/26/2024
12/26/2024
. 12/26/2024
12/28/2024
12/28/2024
12/28/2024
12/26/2024
12/28/2024
12/28/2024
12/28/2024
12/28/2024
Time CST I Peak Current
i (kA)
15:52:48.019 --·, 16.3 ·-
15:47:01.319
15:48:04.743
15:49:17.601
15:41:22.616
I 15:30:37.859
15:54:54.464
• 15:56:05.175
15:48:52.511
15:48:47.913
15:45:55.001
, 15:42:01.691
; 15:44:03.615
19:56:43.873
19:27:56.980
15:43:04.356
17.2
! 12.4
25.3
-4.l
9.7
I 1
! 22.7
I 15.3
5.7
\ -4.8
'
13.4
-4.4
: -4.8
I 10.6
\ -15.9
5.6
.. ,..... --··· .. ---·•--··--; ........ ••·-
19:27:57.337 -12.8
I 19:27:56.617 I -13.8
15:38:29.627 -8.2
• 19:27:56.921 -51.9
19:58:03.441
19:25:23.765
16:01:28.670
15:30:36.732
15:49:02.328
20:01:40.220
15:37:26.943
15:40:19.841
15:49:19.791
15:23:44.506
52.2
t -·
-25.8
i -5.8
: -9.5
i 7.3
-13.5
• 11.5
8.9
16.1
8.3
~2025 Corelogic Spatial Solutions I.LC
Distance from Latitude
Center (mi/km)
1.2/1.9 · 29.9578
1.3/2.1
, 1.4/2.2
1.4/2.2
1.4/2.3
1.4/2.3
• 1.5/2.5
1.6/2.5
1.6/2.6
1.7/2.7
1.7/2.8
1.8/2.8
1.8/2.9
1.8/2.9
1.9/3.1
'1.9/3.1
2.0/3.1
. 2.0/3.2
2.0/3.2
2.0/3.2
2.0/3.2
2.0/3.3
2.0/3.3
'2.1/3.4
. 2.1/3.4
2.1/3.4
2.1/3.4
2.1/3.4
2.2/3.6
2.2/3.6
29.9742
29.9649
29.9540
29.9688
! 29.9581
29.9625
, 29.9707
29.9895
29.9529
29.9558
29.9743
29.9513
29.9527
29.9996
' 29.9702
30.0000
30.0001
29.9971
30.0006
29.9558
30.0028
29.9920
I 29.9753
29.9821
29.9753
29.9463
29.9905
' 29.9533
29.9426
Longitude
-93.9862
-94.0147
-94.0137
-93.9936
I -93.9706
-94.0086
-94.0150
-93.9671
'-93.9724
-94.0066
-94.0125
. -93.9638
-94.0067
-94.0112
-94.0060
; -94.0254
-94.0062
-94.0062
: -93.9734
-94.0063
-94.0194
-93.9998
, -93.9661
-93.9584
-93.9596
I -93.9581
-94.0088
-93.9628
-93.9651
-93.9858
Poge 5
wvs.corelogic.com I (888) 929-4245 1
STRIKEnet Report #39392084 Page 6
-· .. ! Peak Current Date Time CST Distance from , Latitude : Longitude
(kA) , center (mi/km)
12/28/2024 15:54:04.329 11.7 2.3/3.6 29.9543 -93.9631
12/26/2024 19:10:55.416 -5.3 2.3/3.6 29.9770 , -94.0308
-~--· ··• ! . -
12/28/2024 15:46:10.061 -13.0 ! 2.3/3.7 29.9438 -94.0094
12/26/2024 20:26:40.836 -10.6 2.3/3.7 29.9410 -94.0005
12/28/2024 15:52:25.897 22.5 2.4/3.8 i 29.9880 -93.9571
• 1 • ·-~•••••~•.?c •
12/28/2024 ; 2.4/3.8 i 29.9980 i 15:50:39.815 -15.6 -93.9648
~-2025 Corelogic Spatial Solutions LLC wvs.corelogic.com I (888) 929-4245 I
STRIKEnet Report #39392084 Page7
About STRIKEnet ®
Unlike other lightning verification methodologies, The STRIKEnet Report uses 25-plus years of lightning
data acquired from the U.S. National Lightning Detection Network® (NLDN) and the Canadian Lightning
Detection Network (CLDN). First introduced by Vaisala, Inc. in 1989 and later enhanced by the 2014
CoreLogic acquisition of Weather Fusion-a value-added reseller of Vaisala's STRIKEnet® Report-the
lightning verification data that powers the STRIKEnet Reports is industry-recognized as the standard for
accuracy based on thousands of peer-reviewed citations.
t2025 Corelogic Spatial Solutions I.LC wvs.corelogic.com I (888) 929-42451
STRIKEnet Report #39392084 Page 8
Important Legal Notice and Disclaimer
THIS REPORT AND THE CORRESPONDING DATA IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY
AND ONLY FOR INTERNAL USE BY THE INITIAL PURCHASER/END-USER RECIPIENT HEREOF.
NOTWITHSTANDING THE FOREGOING, SUCH PURCHASER/END-USER MAY SHARE THIS REPORT WITH
THE OWNER OF THE PROPERTY THAT IS THE SUBJECT OF THE REPORT. CORELOGIC, INC. AND/OR ITS
SUBSIDIARIES OR AFFILIATES ("CORELOGIC") DO NOT ASSUME, AND EXPRESSLY DISCLAIM LIABILITY
FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF, OR ANY DECISIONS BASED ON OR IN
RELIANCE ON, THIS REPORT AND THE CORRESPONDING DAT A
THIS REPORT AND THE CORRESPONDING DATA ARE FURNISHED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY,
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THAT PURPOSE IS KNOWN TO CORELOGIC). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
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WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF THE REPORT AND TO
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THE CONTENTS OF THIS REPORT ARE PROTECTED BY APPLICABLE COPYRIGHT AND OTHER
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PERSONS. NO PERMISSION IS GRANTED TO COPY, DISTRIBUTE, MODIFY, POST OR FRAME ANY TEXT,
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Scan this QR Code and it will take ■ you to a link to view the data and [!] • verify its authenticity.
wvs.corelogic.com I (888) 929-42451
From: Don Berndt <Don.Berndt@bearcom.com>
Sent: Wednesday, April 16, 2025 7:20 PM
To: Barbara Hollier <BHollier@ci.nederland.tx.us>
Subject: Consolettes
Barbara,
After examining the four XTL Motorola Consolettes that failed I found that all of the units
appear to have taken surge damage, unfortunately these units are no longer repairable by
Motorola, they will have to be replaced. Mike Wise will be able to provide you with a quote
for replacing these units.
Don Berndt
Stephan le,
The damage most likely happened on December26u, between 8:00 pm and 10:00 pm.
The DailtObservations section on Weather Underground shows thunderstorms and heavy
thunderstorms during~his period for Nederland.
bttps·:11Ww,w:wundergrou9d.corn/hjstory/daitytusttx/beaumont/KBPT/date1zo24-12-26
Terry Morton
Fire Chief/ EMC
lnterimChief of PoUce
City of Nederland
Nederland, Texas 77627
P.O. Box967
1400 Boston Avenue
409-723-1529 Office
409-723-1531 Main#
409-626: 1898 Cell
Dear Stephanie :
This claim is assigned to me for handling .
I 've confirmed lightning as the cause of loss (see attached). We 'll use
12/28/24 as our date of loss .
Please replace the damaged equipment and send the invoice to me for payment .
It would also be helpful if you could have the vendor provide a diagnosis or
summary of findings on the equipment if it is available .
Please give me a call if you have any questions .
Sincerely,
Lisa Kutch
Senior Claims Specialist
Texas Municipal League Intergovernmental Risk Pool
Direct: 512-491-2412
Main: 512-491-2300 I Fax: 512-491-2366
LKutch@TMLIRP.org
TML
RISK POOL
Dear Stephanie:
I've requested the claim payment for $48,079.31 less the $250 deductible. The check for
$47,829.31 will be mailed to you today, separately.
This concludes my handling of the claim. It was my pleasure to assist you!
Sincerely,
Lisa Kutch
Page 1
ORDINANCE NO. 2025-10
AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 102 – TRAFFIC AND
VEHICLES, ARTCLE II. – GENERAL TRAFFIC REGULATIONS, DIVISION 7.
– OPERATION OF VEHICLES, TO ESTABLISH A SCHOOL SAFETY ZONE
NEAR CENTRAL MIDDLE SCHOOL FROM THE 200 BLOCK TO THE 300
BLOCK OF N. 17TH STREET; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTIES; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
WHEREAS, in accordance with the Charter of the City of Nederland, Texas (the
“City”), the City has the power to make and enforce all police, health, sanitary and other
regulations, may pass such ordinances as may be expedient for the protection and
maintenance of good government, peace and welfare of the City, may provide suitable
penalties for the violation of any ordinance enacted by the City, and may exercise all
municipal powers, functions, rights, privileges and immunities;
WHEREAS, under Section 51.001 of the Texas Local Government Code, the
City Council may adopt, publish, amend, or repeal an ordinance, rule, or police regulation
that is for the good government, peace, or order of the municipality;
WHEREAS, the City Council desires to provide additional safety and protections
for children and other individuals near Central Middle School from one-half (1/2) hour
before school starts until one-half (1/2) hour after school starts, and from one-half (1/2)
hour before school ends until one-half (1/2) hour after school ends for Central Middle
school, as designated and established by the Nederland Independent School District;
WHEREAS, in furtherance of such safety and protections, the City Council
desires to establish a school safety zone near Central Middle School for the restricted
times where motor vehicle traffic will be prohibited from the 200 block of N. 17th Street
to the 300 block of N. 17th Street; and
WHEREAS, the City Council determines and finds that it is the public’s best
interest and in support of the health, safety, and general welfare of the citizens of the City
that these amendments be enacted and that the school safety zone be established as
provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND THAT:
Section 1. Amendment. Chapter 102 – TRAFFIC AND VEHICLES, ARTICLE
II. – GENERAL TRAFFIC REGULATIONS, DIVISION 7. – OPERATION OF
VEHICLES, is hereby amended to add Section 102-144. – Motor vehicles prohibited on
portion of N. 17th Street on school days, and read as follows:
Section 102-144. – Motor vehicles prohibited on portion of N. 17th Street on school
days
On all public school days of Central Middle School, from one-half (1/2) hour
before school starts until one-half (1/2) hour after school starts, and from one-half
(1/2) hour before school ends until one-half (1/2) hour after school ends for
Central Middle School, as designated and established by the Nederland
Independent School District, N. 17th Street, a public street, from the 200 block to
the 300 block of N. 17th Street (the “school safety zone”) shall be closed to all
motor vehicles and shall be reserved only for the use of pedestrian and bicycle
traffic during this period. Employees of the Nederland Independent School
District and/or the Nederland Police Department are hereby authorized, during
these times, to place barricades or traffic cones on N. 17th Street at the designated
location for enforcement of the terms of this section. During the time of street
closure to motor vehicle traffic as provided in this Section 102-144, no students or
other individuals shall be dropped off or picked up in the school safety zone.
Page 2
Any person, corporation, or entity who violates this section shall be deemed guilty
of a misdemeanor and upon conviction, shall be punishable by a fine not to
exceed $200.00.
Secs. 102-145. – 102-155. Reserved
Section 2. Severability It is hereby declared to be the intention of the City
Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance be
severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this Ordinance, and the remainder
of this Ordinance shall be enforced as written.
Section 3. Proper Notice and Meeting It is hereby officially found and
determined that the meeting at which this Ordinance was 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 of the Texas Government
Code. Notice was also provided as required by Chapter 52 of the Texas Local
Government Code.
Section 4. Conflicting Ordinances All ordinances or parts of ordinances in
conflict herewith are, to the extent of such conflict, hereby repealed.
Section 5. Publication and Effective Date Pursuant to Section 12.02 of the City
Charter of the City of Nederland, this Ordinance may be published at least twice in the
official newspaper of the City. This Ordinance shall take effect from and after its passage
by the City Council and publication. The City Clerk is hereby directed to give notice
hereof by causing the descriptive caption and the penalty for violation thereof to be
published in the official newspaper of the City.
PASSED, APPROVED and ADOPTED on this the 14th day of July, 2025.
CITY OF NEDERLAND, TEXAS
______________________________
Jeffrey P. Darby, Mayor
ATTEST:
___________________________________
Joni Underwood, City Clerk
APPROVED AS TO FORM:
___________________________________
Christopher D. Leavins, City Attorney
1
ORDINANCE NO. 2025-11
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 increase
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, 2024 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 increases in
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 14th DAY OF JULY, 2025.
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
Joni Underwood, City Clerk
APPROVED AS TO FORM:
Chris Leavins, City Attorney
BUDGET ORDINANCE AMENDMENT – ATTACHMENT A
GENERAL FUND
Amend General Fund by appropriating unencumbered funds remaining on September 30, 2024,
in the amount of $78,000 and increase line items as detailed below:
FINANCE
Increase 01-15-00-6311 Auditing and Accounting $78,000
Provide funds for forensic audit approved by City Council on June 23, 2025, regular meeting
EQUIPMENT REPLACEMENT FUND-GENERAL
Amend Equipment Replacement Fund-General by appropriating unencumbered funds remaining
on September 30, 2024, in the amount of $70,000 and increase line items as detailed below:
Increase 34-00-00-6742 Motor Vehicles $70,000
Provide funds for the purchase of a Police Pursuit Vehicle (PPV) vehicle for the Police Chief
equipped with an in-car camera system, radio, lights and computer for automated dispatching.
CITY OF NEDERLAND
PLANNING AND ZONING COMMISSION
PUBLIC HEARING MINUTES
5:00 p.m. June 10, 2025
1. PUBLIC HEARING MEETING
The Public Hearing meeting was held Tuesday, June 10, 2025 at the City of
Nederland D. Bob Henson Office Building, 1903 Atlanta Avenue, Nederland, Texas
and was called to order at 5:00 p.m. by Chairman Scott Watjus.
MEMBERS PRESENT: Scott Watjus, Alex Rupp, and Lance Howell
MEMBERS ABSENT: None
CITY STAFF PRESENT: George Wheeler, Chief Building Official, Jacob Pitts
Assistant Building Official
OTHERS PRESENT: (Applicants) David and Jennifer Nguyen, Property
owners of 1860 and 1870 Lindsey In.
2. SPECIFIC USE PERMIT REQUEST
David and Jennifer Nguyen proposed owners and applicants of the property located at
1837 N 18 th. described as RG G Blk 18 Tract 4-D Section I, Replat of Tracts 3 3-A 4
& 17 PT of lots 3 & 4 of PALCO Addition is requesting a Specific Use Permit for a
vehicle detail shop that includes ceramic wrap and window tinting. The
property is currently zoned C-2 neighborhood retail.
The Building Official explained that the request is not for services such as engine
overhaul, body repair and painting.
Two property owners 1860 and 1870 Lindsey Ln spoke of several concerns about the
request. They brought up noise from the business, parking, discharge water from
washing the vehicles prior to detailing, and to the amount of additional traffic this
business would create that will be added to the existing school traffic on 18th Street.
Mr. Nguyen commented that he is hopeful that the business will be able to turn out at
least 30 vehicles a week. Vehicles are dropped off for service so traffic will not be in
and out everyday traffic. All work will be inside the building with work hours being
8am to 5pm. The wash water will be discharged into a grit trap like a carwash and
they use no added chemicals in the water. He added that this is not a paint and body
shop.
3. ZONING AMENDMENT
Mr. Wheeler explained that the zoning amendment to place the use Event Centers in
the appropriate zoning districts and to give the use a parking group number. After a
lengthy discussion it was felt by the commission that placing the use Event Centers in
C-2, C-3 would be most appropriate. Also, after a lengthy discussion it was felt that
the parking group #3 should be the corresponding parking group. (One space for each
300 square feet of net building floor space)
4.ADJOURN
Being no further business a motion was made to adjourn by Lance Howell
seconded by Alex Rupp all voted aye to adjourn the Public Hearing
Scott Watjus, Chairman
CITY OF NEDERLAND
DRAFT PLANNING AND ZONING COMMISSION
MINUTES
5:00 p.m. July 8, 2025
1. HEARING MEETING
The meeting was held Tuesday, July 8, 2025 at the City of Nederland D. Bob Henson
Office Building, 1903 Atlanta Avenue, Nederland, Texas and was called to order at
5:00 p.m. by Chairman Scott Watjus.
MEMBERS PRESENT: Scott Watjus, Alex Rupp, and Dylan Fairley
MEMBERS ABSENT: Lance Howell
CITY STAFF PRESENT: George Wheeler, Chief Building Official, Jacob Pitts
Assistant Building Official
OTHERS PRESENT: (Applicants) David and Jennifer Nguyen
2.APPROV AL OF MAY 13 2025 REGULAR MEETING MINUTES
A motion was made by Alex Rupp and seconded by Dylan Fairley to approve the May
13 2025 meeting minutes. All voted aye
3. APPROVAL OF JUNE 10 2025 PUBLIC HEARING MINUTES
Chairman Scott Watjus brought up that for the specific use permit it was discussed and
should be included in the minutes that the area is zoned C-2 neighborhood retail
commercial. The Chairman also recommended to add to the minutes concerning the
zoning amendment language as discussed a description of parking group #3 (Being one
space per 300 square feet of building net floor space). A motion was made by Alex Rupp
and seconded by Dy Ian Fairley to approve the June 10, 2025 with the added language.
4. ZONING AMENDMENT
Mr. Wheeler explained that the zoning amendment to place the use Event Centers in the
appropriate zoning districts and to give the use a parking group number. It was felt by the
commission that placing the use Event Centers in C-2, C-3, I-light and I-medium would
be most appropriate. Also, after a lengthy discussion it was felt that the parking group #3
should be the corresponding parking group. (One space for each 300 square feet of net
building floor space). After a full discussion a motion was made by Dylan Fairley and
seconded by Alex Rupp to recommend to City Council to approve the zoning
amendment to place the use Event Centers as a permitted use in zoning districts C-2
neighborhood retail commercial, C-3 highway retail commercial, I-L industrial light
and I-M industrial medium to include the parking group #3. All voted aye
5. SPECIFIC USE PERMIT REQUEST
David and Jennifer Nguyen proposed owners of the property located at 1837 N 18th .
described as RG G Blk 18 Tract 4-D Section I, Replat of Tracts 3 3-A 4 & 17 PT oflots 3
& 4 of PALCO Addition is requesting a Specific Use Permit for a vehicle detail shop
that includes ceramic and vinyl wrap and window tinting with one year to secure
the building permit. The Building Official explained that the request is not for services
such as engine repair, maintenance or overhaul, body repair and painting. The
current property owner is aware of this request with the sale being contingent on
the approval of the specific use. The property is currently zoned C-2
neighborhood retail. After a full discussion a motion was made by Alex Rupp and
seconded by Dylan Fairley to recommend to City Council to approve the applicants
specific use permit request for a vehicle detail shop with ceramic and vinyl wrap
services with the building permit being secured within one year from final approval.
All voted aye.
6.ADJOURN
Being no further business a motion was made to adjourn by Alex Rupp seconded
by Dylan Fairley all voted aye.
Scott Watjus, Chairman
RESOLUTION NO. 2025-09
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND TEXAS, DESIGNATING
THE AUTHORIZED SIGNATORY FOR
CONTRACTURAL DOCUMENTS PERTAINING TO
THE PURCHASE OF PROPERTY LOCATED AT
204 NORTH 13TH STREET AND 212 NORTH 13TH
STREET, DESCRIBED AS LOTS 16, 17, 18,
BLOCK 17 OF TOWN OF NEDERLAND,
JEFFERSON COUNTY, TEXAS
WHEREAS, the City of Nederland desires to purchase real
property located at 204 North 13th Street and 212 North 13th Street,
described as Lots 16, 17, 18, Block 17 of Town of Nederland, Jefferson
County, Texas (the “Property”); and
WHEREAS, at the November 11, 2024 meeting, the City of
Nederland City Council authorized the contract to purchase the
Property; and
WHEREAS, the City of Nederland, Texas confirms all public notice
requirements have been met and desires to authorize the Mayor to sign
all necessary closing documents for the purchase of the Property:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS:
THAT, Mayor, Jeffery P. Darby, is authorized to execute all
necessary closing documents pertaining to the purchase of the Property.
PASSED and APPROVED this the 14th day of July, 2025.
Jeffery P. Darby
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 Page 1
RESOLUTION NO. 2025-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS
AUTHORIZING AND APPROVING THE TERMINATION OF THE LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY AND JOHNNY POWELL AND
JACKIE POWELL AND REQUIRING REMOVAL OF ALL ENCROACHMENTS
WHEREAS, the City of Nederland, Texas (the “City”) owns that certain real property
known as Doornbos Park (the “City Property”);
WHEREAS, Johnny Powell and wife, Jackie Powell (“The Powells”), own property known
as 1404 S. 23rd Street in the City;
WHEREAS, due to encroachments by The Powells on the City Property, the City and The
Powells entered into that certain License to Encroach Agreement dated April 9, 2001 (the
“Agreement”);
WHEREAS, in addition to the noted encroachments in the Agreement, The Powells have
constructed and/or placed additional encroachments on the City Property in violation of the
Agreement;
WHEREAS, Section 3 of the Agreement provides the City with the right to terminate the
Agreement upon decision of the City Council;
WHEREAS, Section 5 of the Agreement further provides the City with the right to terminate
the Agreement if, by Resolution, the City determines it needs the subject property, or any part
thereof, for the benefit of the City or to protect the health, safety or welfare of the public;
WHEREAS, the City desires to terminate the Agreement and any license related thereto;
WHEREAS, the City further determined that it needs the subject property for the benefit of
the City and to protect the health, safety and welfare of the public;
WHEREAS, the City further desires to request and require the removal of all encroachments
on the City Property; and
WHEREAS, the City Council affirmatively finds that termination of the Agreement and any
license related thereto is for a valid public purpose and is in the best interest of the City and its
citizens.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Nederland,
Texas, that:
1. Adoption of Recitals. The City finds that the recitals set forth above are incorporated
herein for all purposes and are found to be true and correct.
2. Agreement Terminated. The Agreement and any license related thereto is hereby
terminated. The City further determines that it needs the subject property for the
benefit of the City and to protect the health, safety and welfare of the public.
3. Removal of Encroachments. The City will require the removal of all
encroachments upon the City Property to be removed within thirty (30) days.
4. It is hereby officially found and determined that the meeting at which this resolution
is passed is open to the public and that public notice of the time, place and purpose
of said meeting was given as required by law.
5. Effective Date. This Resolution shall take effect immediately upon its passage.
PASSED and APPROVED this 14th day of July, 2025.
Resolution Page 2
CITY OF NEDERLAND, TEXAS
____________________________
Jeffrey P. Darby, Mayor
ATTEST:
___________________________________
Joni Underwood, City Clerk
APPROVED AS TO FORM:
___________________________________
Christopher D. Leavins, City Attorney