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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, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO CORELOGIC). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF THE REPORT AND TO THE DOLLAR AMOUNT OF THE REPORT. THE CONTENTS OF THIS REPORT ARE PROTECTED BY APPLICABLE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND MAY INCLUDE PROPRIETARY OR OTHER CONTENT OF THIRD PERSONS. NO PERMISSION IS GRANTED TO COPY, DISTRIBUTE, MODIFY, POST OR FRAME ANY TEXT, GRAPHICS, OR USER INTERFACE DESIGN OR LOGOS INCLUDED IN THIS REPORT. ALL USERS OF THIS REPORT AGREE TO HOLD HARMLESS CORELOGIC AND ITS AFFILIATES, EQUITY HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND SUPPLIERS OF THIRD PARTY CONTENT FROM ANY USE OR MISUSE, MISAPPLICATION, ALTERATION OR UNAUTHORIZED DISCLOSURE OF THIS REPORT. THIS NOTICE AND DISCLAIMER IS INTENDED TO FUNCTION IN HARMONY WITH THE CORELOGIC TERMS OF USE AVAILABLE ON THE WEATHER VERIFICATION SERVICES WEBSITE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TWO DOCUMENTS, THE CORELOGIC TERMS OF USE SHALL GOVERN. ~·2025 CoreLogic Spatial Solutions LLC Scan to Verify Authenticity I • The original contents of this report are stored online in the original state provided by CoreLogic. 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