09-08-2025 Agenda with attachments
NEDERLAND CITY COUNCIL
AGENDA
NOTICE is hereby given of a regular meeting of the Nederland City Council to be held Monday,
September 8, 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. Minutes – August 25, 2025 regular meeting, August 18, 2025 special meeting and August
22, 2025 special meeting
b. Discussion and possible action to approve Ordinance 2025-15, designating the Beaumont
Enterprise as the official newspaper for the City of Nederland publications. Requested
by Mayor Jeff Darby
c. Discussion and possible action to approve an engineering agreement with Westwood for
the 2025 Sanitary Sewer Rehabilitation - Western Section project.
d. Discussion and possible action to approve an agreement with Novus Wood Group for
greenwaste disposal.
e. Discussion and possible action to approve Change Order #1 and final payment and
release of retainage for the 2023-24 Concrete Street Rehabilitation project.
AGENDA
September 8, 2025
Page 2
f. Discussion and possible action to approve Resolution No. 2025-13, authorizing the City
of Nederland’s participation in the Texas Attorney General’s Opioid Settlement – Purdue.
g. Fiscal Year 2025-2026 Budget:
i. Conduct a Public Hearing for the purpose of receiving comments regarding the
proposed tax rate of $0.451000 per $100 assessed taxable value for the Fiscal
Year 2025-2026 Budget.
ii. Consider action approving Ordinance No. 2025-16, an appropriations ordinance
adopting a budget in accordance with Article VII of the City Charter of the City
of Nederland.
iii. Consider action setting the maintenance and operations portion of the tax rate at
$0.322711 per $100 assessed valuation for the fiscal year 2025-2026.
iv. Consider action setting the interest and sinking fund portion of the tax rate at
$0.128289 per $100 assessed valuation for the fiscal year 2025-2026.
v. Consider action approving Ordinance 2025-17, adopting the tax rate for the fiscal
year beginning October 1, 2025 and ending September 30, 2026.
5. EXECUTIVE SESSION (No Public Discussion on These Items)
The City Council will announce that it will go into Executive Session, pursuant to Chapter
551 of the Texas Government Code, to discuss matters as specifically listed on the agenda,
or as authorized by law.
Personnel – Texas Government Code, Chapter 551.074
Deliberations regarding candidates for City Manager
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
selection of City Manager.
8. ADJOURN
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
AGENDA
September 8, 2025
Page 3
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”
September 8, 2025 Meeting
ITEM 4. REGULAR AGENDA
NEW BUSINESS
a. Attached are the minutes of August 25, 2025 regular meeting, August 18, 2025 special
meeting, and August 22, 2025 special meeting for council review and approval.
b. Attached is Ordinance 2025-15 designating the Beaumont Enterprise as the official
newspaper of the City of Nederland. The City had named the Port Arthur News as the
official newspaper of the City which currently publishes twice a week. The limited
publication dates and timeline for publishing with the Port Arthur News have become
problematic to meet the required publishing deadlines. The Beaumont Enterprise
publishes a daily newspaper with less strict publishing deadlines to meet the required
legal publications of the City. I recommend approval of the Ordinance 2025-15.
Requested by Mayor Darby.
c. Attached is an engineering agreement between the City of Nederland and Westwood
Professional Services, Inc. to provide professional services relating to Sanitary Sewer
System Rehabilitation-Western Section. Westwood is proposing two phases of design
and construction. Phase 1 consists of TV, engineering design, and construction of
approximately 6,642LF of main line and associated manholes as shown on Exhibit A1.
Phase 2 consists of approximately 78,822LF of the remaining smaller lines and
associated manholes. The proposal assumes all line replacements can be done with
Cured-in-Place Pipe (CIPP). The scope and total cost for services totals $582,249.00,
and is summarized in the table below:
SCOPE TASK PHASE 1 PHASE 2 TOTAL
A. Project Management 5,360 14,960 20,320
B. Video & Cleaning 27,419 191,180 218,599
C. Design 55,700 170,500 226,200
D. Bid Phase Services 12,465 12,465 24,930
E. Construction Admin 31,200 58,200 89,400
F. Direct Expenses 1,000 1,800 2,800
TOTAL $133,144 $449,105 $582,249
The timeline estimate for phase 1 is 54 weeks and phase 2 estimate is 98 weeks to
complete. The proposed cost of $582,249.00 would be paid with funds in the 2018
Wastewater Bond Fund. I recommend approval of this item pending legal review of the
agreement.
d. Attached is an agreement between the City of Nederland and Novus Wood Group, LP
covering the handling of greenwaste material. The contract covers the processing of
greenwaste material, including grinding and handling of the by-products from the
process. The contractor owns and operates portable wood processing equipment. It is the
City’s desire to reduce the amount of material ordinarily destined for the sanitary landfill
by producing beneficial materials from greenwaste. The City will deliver brush and
wood material to the designated greenwaste site, the contractor will process the material
according to the terms and conditions outlined in the contract. The contract covers
grinding and hauling material to the Republic Services, Golden Triangle Landfill, if
needed. The need to haul to the landfill would be required if the Evadale plant was not
available to accept grindings. The city has not performed greenwaste grinding and
hauling operations since the 2023-2024 budget year due to sale of the previous
greenwaste site. The processing rate would be $4.50 per cubic yard with a 6,500
minimum volume to grind, not to exceed $38,000.00. The price for wood chips delivered
to Republic Services, Golden Triangle Landfill, if needed, would be $250.00 per load. I
recommend approval of this item pending legal review of the agreement.
e. At the March 25th, 2024, City Council meeting, staff was authorized to solicit bids for the
2024 Concrete Street Program. Bids were opened on Thursday, April 25, 2024 and City
Council awarded the bid to Brystar Contracting on May 6, 2024 in the amount of
$1,715,853. The Base Bid of $1,154,845.50, encompassed concrete street work on
Nederland Ave from the railroad tracks to 1st Street and 27th Street from Nederland Ave
to Ave B; the Additive work included additional work on 27th Street from Ave B to Ave
H at a cost of $494,507.50; and the Alternate work included removing and replacing
seven inlets along 27th Street at a cost of $66,500. In addition, the Base Bid included
necessary concrete repairs to the older section of the Police Department parking lot
closest to 5th Street. Attached is Change Order #1 resulting in a reduction of the contract
price of $120,922.74 due to updated quantities of materials based on actual quantities
installed. Following approval of change order #1, the final contract price is
$1,594,930.26. Attached is the final payment and release of retainage in the total amount
of $159,493.03. The project engineer, Schaumburg & Polk has certified the project has
been completed per the bid specifications. I recommend approval of this item.
f. Attached is Resolution 2025-13 joining with the State of Texas as a party in the Texas
Opioid Settlement Agreements secured by the Office of the Attorney General and
authorizing the Mayor to execute any related documents. The agreement includes
submission of participation and release of claims negotiated and recommended by the
Texas Attorney General regarding the Purdue Settlement, that provides for distribution of
settlement funds to the City. This resolution supports the addition of the Purdue
Settlement to those previously adopted. The Police Department would like to use these
funds for police-related expenses. Chief Carroll recommends approval; I concur with his
recommendation.
g. Fiscal Year 2025-2026 Budget:
i. Public Hearing - Proposed Tax Rate
A public hearing shall be held to discuss the proposed Fiscal Year 2025-2026 tax rate;
as with any public hearing, interested persons will be given the opportunity to
comment on the proposed tax rate. At the August 11th meeting, the City Council
unanimously voted to utilize the tax rate of $0.451000 per $100 assessed valuation for
the fiscal year beginning October 1, 2025 and ending September 30, 2026; this rate
falls between the no-new revenue tax rate and the voter approved tax rate.
ii. ORDINANCE NO. 2025-16 – FISCAL YEAR 2025-2026 BUDGET
Attached is proposed Ordinance No. 2025-16, adopting the FY 2025-2026 budget.
Per City Council’s directive, the property maintenance position has been upgraded to
an Assistant Public Works Director and moved under the Public Works
Administration Department. Budget line-items have been revised for this change from
the proposed budget submitted to the City Council on Monday, August 11th via
Resolution No. 2025-11. A public hearing was held on Monday, August 25th with one
comment/question received regarding the need for additional public works leadership
positions and competitive pay for city employees. I recommend approval of
Ordinance No. 2025-16, adopting the fiscal year 2025-2026 annual budget in
accordance with Article VII of the City Charter.
iii. TAX RATE – M&O
The property tax rate is comprised of two components: 1) maintenance and operations
and 2) debt service. According to the State tax code, it is necessary to set the property
tax rate for maintenance and operations and interest and sinking fund (debt service)
separately. The total property tax rate for FY 2025-2026 will be $0.451000 per $100
assessed valuation. This agenda item establishes the M&O portion to be
$0.322711/$100 assessed valuation. Please note that agenda item 4.g.v. incorporates
this rate into Ordinance form. I recommend approval of this item
iv. TAX RATE - DEBT
The property tax rate for FY 2025-2026 will be $0.451000 per $100 assessed
valuation. This agenda item establishes the debt service portion to be $0.128289 per
$100 assessed valuation. Again, agenda item 4.g.v. incorporates this rate into
Ordinance form. I recommend approval of this item.
v. ORDINANCE NO. 2025-17 – SETTING TAX RATE
Attached is proposed Ordinance No. 2025-17, adopting the tax rate for the fiscal year
2025-2026. As indicated, the ordinance sets the property tax rate at $0.451000 per
$100 assessed valuation. Of this amount $0.322711/$100 assessed valuation is
dedicated towards maintenance and operation costs; the remainder, $0.128289/$100
assessed valuation, is allocated for debt service requirements. I recommend approval
of Ordinance 2025-17.
REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
6:00 p.m. August 25, 2025
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor Pro Tem Ortiz 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 and Pledges of Allegiance were led by Pastor Ardell.
3. CITIZEN COMMENTS
Melvin Bass, 2415 Avenue H, commented on transparency, requesting more information
be shared about city procedures and supervisors' reports. He suggested council members
visit city departments to get employee feedback. Mr. Bass also discussed employee pay
and transferring employees to different departments.
4. REGULAR AGENDA
NEW BUSINESS
A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
postpone agenda items J, K, O and P. MOTION CARRIED. AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
a. Mayor Pro Tem Ortiz read a proclamation recognizing Fire Chief Terry Morton for 40
years of service to the City of Nederland and proclaiming August 25, 2025 as Terry
Morton Day.
Minutes continued, August 25, 2025
2
b. A motion was made by Councilmember Duplant and seconded by Councilmember
Sonnier to approve the Minutes of August 11, 2025 as presented. MOTION
CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
c. A motion was made by Councilmember Jones and seconded by Councilmember Duplant
to approve the July 2025 Departmental reports as presented. MOTION CARRIED. AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
d. A motion was made by Councilmember Jones and seconded by Councilmember Duplant
to approve the Tax Assessor Collection report. MOTION CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
e. A motion was made by Councilmember Sonnier and seconded by Councilmember
Duplant to approve the closure of Boston Avenue between 15th Street and 17th Street
and all intersections on Saturday, October 18th for the “Monsters in the Park” event.
MOTION CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
f. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones
to approve the closure of Boston Avenue between 13th Street and 17th Street and all
intersections on Tuesday, October 7th for the National Night Out event and the
Nederland Fire Department Open House. MOTION CARRIED. AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
g. A motion was made by Councilmember Duplant and seconded by Councilmember
Jones to receive the quarterly Hotel Occupancy Tax Fund financial report from the
Nederland Chamber of Commerce. MOTION CARRIED. AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
h. A motion was made by Councilmember Duplant and seconded by Councilmember
Jones to authorize the submission of a Motiva First Responder Grant application.
MOTION CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Minutes continued, August 25, 2025
3
ABSENT: Mayor Jeffrey P. Darby
i. Angela Fanette, 1016 N. 31st St., requested that a social media campaign be
implemented to educate the public regarding the city’s infrastructure. She also
requested the city designate a general email for citizens to report problems or issues and
for the city to consider adjustments to water/sewer bills for residents who cannot utilize
the city services.
j. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
postpone agenda items 4.J - Discussion and possible action to approve an engineering
agreement with Westwood for the 2025 Sanitary Sewer Rehabilitation - Western
Section project. MOTION CARRIED. AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
k. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
postpone agenda items 4.K - Discussion and possible action to approve an agreement
with Novus Wood Group for greenwaste disposal. MOTION CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
l. A motion was made by Councilmember Duplant and seconded by Councilmember
Sonnier to engage Sky Wonder Pyrotechnics, LLC for the July 4th Fireworks
Extravaganza event. MOTION CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
m. Steve Jordan of Schaumburg and Polk provided an update on smoke testing of the city's
sewer system. Testing is about 60% complete, with 967 leaks found on private service
lines and 503 leaks on municipal lines so far. Testing is expected to be completed by the
end of September.
Jolei Shipley, 8765 Holmes Rd., asked if residents had been notified of identified sewer
leaks. Mayor Pro Tem Ortiz requested Schaumburg & Polk provide the city with a list
of identified leaks so that residents could be notified. Councilmember Sonnier
suggested attaching a photo of the leak with the letter.
n. Cheryl Dowden, Interim City Manager, gave an update on the ditch digging progress.
The pipe flushing is 85-90% complete with approximately 10 streets remaining. The
project should be finished in September.
Keith Bass asked the city to reexamine the completed areas as some of the ditches
haven’t been properly blown out and are not draining.
Minutes continued, August 25, 2025
4
Mayor Pro Tem Ortiz stated that the general email to utilize for submitting complaints
or issues within the city is cityinfo@ci.nederland.tx.us .
o. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
postpone agenda items 4.o - Receive an update regarding construction projects from the
Public Works Department. MOTION CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
p. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to
postpone agenda items 4.p - Discussion and possible action amending the Nederland
City Council Policy on City Council Meetings. MOTION CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
q. A motion was made by Councilmember Jones and seconded by Councilmember
Sonnier to amend Section 2.03.01 of the City of Nederland’s Employee Handbook
regarding tattoos. MOTION CARRIED. AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
r. The regular meeting was recessed and a Public Hearing was called to order at 6:48 by
Mayor Pro Tem Ortiz for the purpose of discussing and receiving comments regarding
the proposed City of Nederland Fiscal Year 2025-2026 Budget.
Mayor Pro Tem Ortiz suggested the ‘Maintenance Worker’ position be changed to
‘Assistant Public Works Director.’ Councilmember Duplant suggested the title of
“Project Manager.’ Cheryl Dowden explained the process for changing the position
title and stated she would confer with Human Resources on this issue. Councilmember
Sonnier requested that this agenda item be brought back at the next council meeting.
Ms. Dowden stated the city can proceed with the budget as is and amend the budget for
this change.
Keith Bass, 2415 Avenue E, commented on the need for additional public works
leadership positions and competitive pay for city employees.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 6:56 by Mayor Darby.
A motion was made by Councilmember Duplant and seconded by Councilmember
Jones to postpone budget approval until the September 8, 2025 meeting. MOTION
CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Minutes continued, August 25, 2025
5
ABSENT: Mayor Jeffrey P. Darby
5. EXECUTIVE SESSION
The regular meeting was recessed at 6:58 p.m. by Mayor Pro Tem Ortiz for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Personnel –
Texas Government Code, Chapter 551.074, Deliberations regarding candidates for City
Manager.
6. RECONVENE
The regular meeting was reconvened at 7:21 p.m. by Mayor Pro Tem Ortiz.
7. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to
extend an employment offer to Jack Harper for the position of City Manager, pending HR
review and contract negotiations. MOTION CARRIED.
AYES: Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
ABSENT: Mayor Jeffrey P. Darby
8. ADJOURN
There being no further business a motion was made by Mayor Pro Tem Ortiz to adjourn the
meeting at 7:23 p.m.
__________________________
Jeff Ortiz, Mayor Pro Tem
City of Nederland, Texas
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:30 p.m. August 18, 2025
1. MEETING
The meeting was called to order at 3:30 p.m. by Mayor Pro Tem Ortiz 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 (No Public Discussion on These Items)
The regular meeting was recessed at 3:31 p.m. by Mayor Pro Tem Ortiz for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Consultation
with City Attorney – Texas Government Code, Chapter 551.071, Regarding pending or
contemplated litigation, a settlement offer, or on a matter in which the duty of the attorney
to the governmental body under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code.
3. RECONVENE
The regular meeting was reconvened at 3:50 p.m. by Mayor Pro Tem Ortiz.
4. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier
to retain Alex Stelly for legal representation related to pending litigation regarding Manuel
Villarreal v. The Apostolic Tabernacle of Texas, Inc., George Wheeler, in his official
capacity as Building Official for the City of Nederland, TX, and Terry Morton, in his
official capacity as Chief Fire Official for the City of Nederland, TX. MOTION
CARRIED.
AYES: Councilmembers Duplant, Jones, and Sonnier.
NOES: None.
ATTENDING VIA ZOOM: Councilmember Jones
ABSENT: Mayor Darby
5. EXECUTIVE SESSION
The regular meeting was recessed at 3:51 p.m. by Mayor Pro Tem Ortiz for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Personnel –
Texas Government Code, Chapter 551.074, Interviews and discussion of candidates for City
Manager.
Minutes continued, August 18, 2025
6. RECONVENE
The regular meeting was reconvened at 5:24 p.m. by Mayor Pro Tem Ortiz.
7. ADJOURN
There being no further business a motion was made by Mayor Pro Tem Ortiz to adjourn the
meeting at 5:24 p.m.
__________________________
Jeff Ortiz, Mayor Pro Tem
City of Nederland, Texas
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. August 22, 2025
1. MEETING
The meeting was called to order at 4:41 p.m. by Mayor Jeffrey P. 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 4:41 p.m. by Mayor Jeffrey P. Darby for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Personnel –
Texas Government Code, Chapter 551.074, Interviews and discussion of candidates for City
Manager.
3. RECONVENE
The regular meeting was reconvened at 6:53 p.m. by Mayor Jeffrey P. Darby.
4. ADJOURN
There being no further business a motion was made by Mayor Jeffrey P. Darby to adjourn the
meeting at 6:53 p.m.
__________________________
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas
Page 1
ORDINANCE NO. 2025-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS NAMING AND DESIGNATING THE BEAUMONT
ENTERPRISE AS THE OFFICIAL NEWSPAPER OF THE CITY OF
NEDERLAND, TEXAS
WHEREAS, the City of Nederland, Texas (the “City”) previously named and designated
the Port Arthur News as the official newspaper of the City;
WHEREAS, the City Council desires amending the prior designation by naming the
Beaumont Enterprise as the official newspaper of the City;
WHEREAS, the City Council finds that the Beaumont Enterprise is a paper of general
circulation within the City;
WHEREAS, the City Council finds that the Beaumont Enterprise:
(1) devotes not less than 25 percent of its total column lineage to general interest items;
(2) is published at least once each week;
(3) is entered as second-class postal matter in the county where published; and
(4) has been published regularly and continuously for at least 12 months before the
governmental entity or representative publishes notice.
WHEREAS, the City Council finds that the Beaumont Enterprise is a publication that
meets all of the criteria legally required of an officially designated newspaper for the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS THAT:
1. The Beaumont Enterprise is named and designated as the official newspaper of the City
of Nederland, Texas, and all ordinances, captions of ordinances, notices and other
matters required by law, by City Charter or by ordinances of the City to be published
shall be published therein. The use of the newspaper prior to the date of this ordinance
is hereby ratified by Council.
2. The Interim City Manager, or her successor or designee, is authorized and directed to
act in all matters in connection with this ordinance.
3. The meeting at which this Ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551.
4. All provisions of the Code of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed to the extend they are in conflict. Any remaining
portions of the Code of Ordinances shall remain in full force and effect.
5. If any section, subsection, sentence, clause, or phrase of this Ordinance, or the
application of same to a particular set of persons or circumstances, should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of
this Ordinance, and to such end, the various portions and provisions of this Ordinance
are declared to be severable.
6. This Ordinance shall take effect from and after its passage by the City Council.
PASSED, APPROVED and ADOPTED on this the 8th day of September, 2025.
Page 2
CITY OF NEDERLAND, TEXAS
______________________________
Jeffrey P. Darby, Mayor
ATTEST:
___________________________________
Joni Underwood, City Clerk
APPROVED AS TO FORM:
___________________________________
Christopher D. Leavins, City Attorney
TBPELS Firm No. 10074302
20329 State Highway 249 Suite 350 Houston, TX 77070-2750 281.883.0103 Westwoodps.com
June 30, 2025
PK No: 0069501.00
Mr. Robert Woods, P.E.
Public Works Director/City Engineer
CITY OF NEDERLAND
515 Hardy Avenue, P.O. Box 967
Nederland, Texas 77627
Re: Professional Civil Engineering Services
SANITARY SEWER SYSTEM REHAB –WESTERN SECTION
Nederland, Jefferson County, Texas
Dear Mr. Woods:
Westwood Professional Services is pleased to submit this proposal to provide
professional civil engineering services relating to the referenced project. It is our
understanding that the City seeks to repair or replace failing segments of its aging gravity
sanitary lines and manholes to reduce its I&I problem. Based on our preliminary
discussions and the information received to date, our understanding of the project is as
shown on the attached documents. Note, there are two phases of design and construction
for more expeditious completion of the overall project. The phases are defined in Exhibit
A. For your reference, please find the attached documents:
Consultant Services Agreement;
Exhibit A –Scope of Services;
Exhibit B –Compensation and Method of Payment; and
Exhibit C –Schedule
Westwood Professional Services is pleased to have this opportunity to submit this
proposal and look forward to working with you on this project. If the proposed
agreement is acceptable to you as presented, please execute one copy of the agreement
form and return one original copy to our office. If you have any questions or would like
any additional information, please do not hesitate to call us at your convenience.
Sincerely,
Clint A. Bissett, P.E.
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EXHIBIT A to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 2
EXHIBIT ‘A’ – SCOPE OF SERVICES
SANITARY SEWER SYSTEM REHAB – WESTERN SECTION
PROJECT DESCRIPTION:
The project site is located within the City of Nederland, Jefferson County, Texas. The
project consists of visiting the site with City staff to review ground conditions at the repair
locations, televising the repair lines to identify point repair locations, preparing engineering
drawings of repair locations and line replacements, specifying the repair method, providing
bidding and construction phase services.
For more expeditious completion of the overall project we propose two phases of design
and construction. Phase 1 consists of TV, engineering design and construction of
approximately 6,642LF of main line and associated manholes as shown in Exhibit A1.
Phase 2 consists of approximately 78,822LF of the remaining smaller lines and associated
manholes. This proposal assumes all line replacements can be done with CIPP. Should a
portion of the project require more detailed design, Westwood reserves the right to submit
a proposal for time and materials for the additional work to be negotiated with the City at
that time.
BASIC SERVICES:
A. Project Management, Coordination & Permitting
1. Manage the Team:
Lead, manage and direct design team activities.
Ensure quality control is practiced in performance of the work.
Communicate internally among team members.
Allocate team resources.
2. Communications and Reporting:
Attend a pre-design project kickoff meeting with Client staff to
confirm and clarify scope, understand Client objectives, and ensure
economical and functional designs that meet Client requirements.
Conduct review meetings with the Client at the end of each design
phase.
Prepare and submit monthly invoices in the format acceptable to
the Client.
Prepare and submit monthly progress reports.
Prepare and submit baseline Project Schedule initially and Project
Schedule updates.
Coordinate with other agencies and entities as necessary for the
design of the proposed infrastructure and provide and obtain
information needed to prepare the design.
EXHIBIT A to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 3
With respect to coordination with permitting authorities, Westwood
shall communicate with permitting authorities such that their
regulatory requirements are appropriately reflected in the designs.
Westwood shall work with regulatory authorities to obtain approval
of the designs and make changes necessary to meet their
requirements.
3. Data Acquisition
Coordinate with City staff for:
Existing reports, plans, maps, etc., for use in engineering design.
Initial site visit.
Review of TV survey for point repair locations to identify potential
problem areas and visit site with City staff to devise repair
approach.
4. Permit Coordination:
Westwood will provide coordination with the review agencies as
necessary for Permitting of the proposed infrastructure construction.
Included in this item are:
Coordination of submittal of Application for Permit.
Research and provide appropriate design specifications.
Coordination for final plan approval.
Up to three (3) coordination meetings, if required.
Application and Permitting fees and special insurance premiums
are not included.
B. Video and Clean Repair Lines
Westwood shall subcontract with a wastewater system evaluation company to
clean and video of all proposed repair lines. The purpose of the video is to
identify point repair locations that to be completed before the CIPP procedure.
Westwood will review the video with City staff and visit the site to look at point
repair locations to agree on repair approach. The following conditions apply to
the video process:
1. MECHANICAL CLEANING IS NOT INCLUDED IN THE CLEAN AND TV PRICING. WATER
JETTING IS USED TO REMOVE LOOSE DEBRIS.
2. IF CITY REQUIRES CLEANING WATER TO BE METERED, CITY SHALL PROVIDE METERS FOR
TWO CREWS. WATER SOURCE ASSUMED BY CITY FIRE HYDRANT.
Access and Notification. For access to manholes in backlot easements,
Westwood’s video sub will notify homeowners 24 – 48 hours in advance of
entering their backyards. This will include instructions to keep dogs in the
house and leave the gate unlocked if not at home. At the time of entrance, the
Sub will knock on the door to discuss the work with the homeowner. They will
EXHIBIT A to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 4
not enter the yard if not authorized by the homeowner. Westwood will discuss
such cases with the City. If the hanger has been removed and the gate is
unlocked with no docs, Sub will enter to access the manhole.
C. Engineering Design
This proposal assumes all line replacements can be done with CIPP. Our
scope and fee are based on that. Should a portion of the project require more
detailed design, Westwood reserves the right to submit a proposal for time and
materials for the additional work to be negotiated with the City at that time.
Engineering drawings are anticipated to include:
Cover w/Index
Notes
Overall Plan
Plan View of Repairs by Street
Traffic Control
Details
1. 60% Drawings and Specifications
60% plan set w/meeting for City review on repair concept
Preliminary opinion of probable construction cost (OPCC)
Deliverables: submit all electronically, paper available upon request.
2. 90% Drawings and Specifications
90% plan set
Revise specifications per initial review
Estimated construction schedule
Updated opinion of probable construction cost (OPCC)
Address review comments and submit Response to Comments memo.
Deliverables: submit all electronically, paper available upon request.
3. Bid Ready Drawings and Specifications
Final sealed plan set
Final specifications
Updated construction schedule
Final OPCC and Bid Form
Address review comments and submit Response to Comments memo.
Deliverables: submit all electronically, paper available upon request.
D. Bid Phase Services
1. Bid Advertisement:
If required, Westwood shall prepare and submit to Client a draft Bid
Advertisement for publishing by the Client should the project warrant a
public bid.
EXHIBIT A to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 5
2. Bid Document Distribution:
Based on the OCC Westwood shall determine if the project requires a
public bid. If a public bid is not required Westwood shall endeavor to
obtain three construction cost estimates.
Should the construction cost estimate require a public bid, Westwood
shall make construction plans and contract bid documents available to
bidders on CIVCAST. Westwood shall also maintain a plan holders list
of documents sold.
3. Bidder Assistance:
Westwood will develop and implement procedures for receiving and
answering bidders’ questions and requests for additional information.
The procedures shall include a log of all significant bidders’ questions
and requests, and the response thereto. Westwood will provide
technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders’ questions and requests, in the form
of addenda.
Attend the pre-bid conference in support of the Client.
Attend the bid opening in support of the Client.
4. Bid Analysis and Recommendation of Award:
Westwood will tabulate and review all bids received for the construction
project, assist the Client in evaluating bids, and recommend award of
the contract.
Westwood will assist the Client in determining the qualifications and
acceptability of prospective contractors, subcontractors, and suppliers.
Westwood shall make a recommendation of award to the Client.
5. Conformed Construction Documents:
Upon award of a contract by the Client, Westwood shall assist with the
execution, assembly and distribution of the construction contract
documents for the Project.
E. Construction Phase Services
1. Preconstruction Conference:
Westwood shall attend the preconstruction conference.
2. Site Visits:
Westwood shall visit the project site at appropriate intervals as
construction proceeds to observe and report on progress. It is
estimated that one (1) visit per month will be made by Westwood.
3. Shop Drawings:
Westwood shall review shop drawings submitted by the contractor for
compliance with design concepts.
EXHIBIT A to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 6
4. Instructions to Contractor:
The Engineer shall provide necessary interpretations and clarifications
of contract documents, review change orders and make
recommendations as to the acceptability of the work, at the request of
the Client.
5. Contractor’s Payment Estimates:
The Engineer shall review monthly and final estimates for payments to
contractors. The payment estimates shall include appropriate
certifications.
6. Final Inspection:
The Engineer shall attend final inspection of the Project with
representatives of the Client and the construction contractor.
7. Record Drawings:
Prepare construction “Record Drawings” based upon mark-ups and
information provided by the construction contractor(s). Submit one (1)
set of the record drawings (with “record drawing stamp” bearing the
signature of the Engineer and the date) to the Client by link or flash
drive containing PDF images.
F. Direct Expenses
Included in this item are usual and customary expenses normally incurred
during performance of the services described, including courier delivery
charges, printing and reproduction, and mileage.
G. Video and Clean Repair Lines
Westwood shall subcontract with a wastewater system evaluation company to
clean and video of all proposed repair lines. The purpose of the video is to
identify point repair locations which need to be completed before the CIPP
procedure. Westwood will review the video with City staff and visit the site to
look at point repair locations to agree on repair approach. The construction
contract will include final video confirmation of successful line installation.
Services not included in this contract:
As-built surveys of constructed improvements
Public hearings or City Council/Commission meetings
Utility coordination meetings and franchise utilities. relocation
Reset property corner monumentation disturbed or removed during or after
construction
Required application and permitting fees or special insurance premiums are not
included
Environmental Site Assessments
EXHIBIT A to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 7
Floodplain studies and permitting
Preliminary and final platting
Zoning change assistance
Traffic and parking studies
Retaining wall design
Design of screening walls, light pole bases, transformer or generator pads,
hardscape features, pavers and/or site signage.
Detailed layout of walks and hardscape areas, including scoring patterns.
Design of any underfloor drainage systems or grading.
Design of French drain systems around the building perimeters.
Landscape Plan and Irrigation Plan
Site Lighting Plan
Signage Plan
Off-site roadway, drainage, and utility extensions/improvements
Construction staking
EXHIBIT A to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 8
EXHIBIT A1. PROJECT PHASES
END OF EXHIBIT ‘A’
EXHIBIT C to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 9
EXHIBIT ‘B’ – COMPENSATION AND METHOD OF PAYMENT
SANITARY SEWER SYSTEM REHAB – WESTERN SECTION
COMPENSATION:
For all professional services included in EXHIBIT ‘A’, Scope of Services, the
CONSULTANT shall be compensated a lump sum fee of $582,249.00 as summarized
below. The total lump sum fee shall be considered full compensation for the services
described in EXHIBIT ‘A’, including all labor materials, supplies, and equipment necessary
to deliver the services.
Basic Services
SCOPE TASK PHASE 1 PHASE 2 TOTAL
A. Project Management 5,360 14,960 20,320
B. Video & Cleaning 27,419 191,180 218,599
C. Design 55,700 170,500 226,200
D. Bid Phase Services 12,465 12,465 24,930
E. Construction Admin 31,200 58,200 89,400
F. Direct Expenses 1,000 1,800 2,800
TOTAL 133,144 449,105 582,249
METHOD OF PAYMENT:
The CONSULTANT shall be paid monthly payments as described in Article 3 of the
AGREEMENT. The cumulative sum of such monthly partial fee payments shall not
exceed the total current project budget including all approved Amendments. Each invoice
shall be verified as to its accuracy and compliance with the terms of this Agreement by an
officer of the CONSULTANT.
Monthly statements for reimbursable services performed by subconsultants will be based
upon the actual cost to the CONSULTANT plus ten percent (10%). Direct expenses for
services such as printing, express mail, fees, mileage and other direct expenses that are
incurred during the progress of the project are included as Item F.
END OF EXHIBIT ‘B’
EXHIBIT C to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 10
EXHIBIT C – INSURANCE
A. Insurance. Westwood shall, during the life of this Agreement, maintain the
following insurances:
1. Commercial General Liability (occurrence form not less than):
$2,000,000 General Liability
$2,000,000 Products and Completed Operations Aggregate
$1,000,000 Personal and Advertising Injury
$1,000,000 Each Occurrence
$10,000 Medical Expense
2. Commercial Automobile Liability (all scheduled auto, hired and non-
owned autos):
$1,000,000 Combined Single Limit
3. Umbrella
$5,000,000 Aggregate
$5,000,000 Each Occurrence
4. Workers Compensation
$1,000,000 Each Accident
$1,000,000 Policy Limit
$1,000,000 Each Employee
Professional Liability Errors and Omissions Insurance. Westwood shall carry Professional
Liability Errors and Omissions insurance with limited contractual liability in the amount of
$2,000,000 per claim and in the aggregate for the duration of this Agreement.
END OF EXHIBIT ‘C’
EXHIBIT C to Agreement between the
City of Nederland, Texas (OWNER)
and Westwood Professional Services
(CONSULTANT) for Consulting
Services
6/30/2025 Page 11
EXHIBIT D – SCHEDULE
SANITARY SEWER SYSTEM REHAB – WESTERN SECTION
Phase 1 Phase 2
Activity
Estimated
Duration
(Weeks)
Estimated
Completion
After NTP
Estimated
Duration
(Weeks)
Estimated
Completion
After NTP
Kick-off Meeting 0 0 0 0
TV & Clean Lines 2 2 6 6
Review Video w/Client 1 3 1 7
Design - 60% Plans 10 13 12 19
City Review - 60% Plans 2 15 2 21
Design - 90% Plans 8 23 10 31
City Review - 90% Plans 2 25 2 33
Design - 100% Plans 4 29 4 37
City Review - 100% Plans 1 30 1 38
Bidding 8 38 8 46
Construction 16 54 52 98
The CONSULTANT is not responsible for delays beyond its control.
*City review period durations are estimates and may change.
END OF EXHIBIT D
GREENWASTE REDUCTION CONTRACT
This Greenwaste Reduction Contract (this "Contract"), dated as of the August 25th
2025, is between the City of Nederland, Texas (the "City") and NOVUS Wood Group,
LP, a Texas limited partnership, (the "Contractor") whose offices are located at 6002
Debbielou Gardens Drive, Houston, Texas 77034.
RECITALS:
WHEREAS, the Contractor owns and operates portable wood processing equipment; and,
WHEREAS, the parties desire to reduce the amount of material ordinarily destined for the
sanitary landfill by producing beneficial materials, and the parties desire that the City deliver
Brush and Wood Material to the designated Greenwaste Site, and that the Contractor process
the material for the City pursuant to the terms and conditions herein set forth;
THEREFORE, in consideration of the mutual premises, covenants, obligations and
benefits of this Contract, the City and the Contractor contract to and agree as follows:
ARTICLE 1 DEFINITIONS AND INTERPRETATIONS
Section 1.1 Definitions. Unless the context requires otherwise, the following terms and
phrases used in this contract shall have the meanings set forth below,
"Contractor" is defined in the introduction of this Contract.
"City" is defined in the introduction of this Contract.
"Greenwaste Site" is located in Nederland, Texas, where Brush and Wood Material will
be delivered and stored for grinding at a later date. "Force Majeure" is defined in
Section 7.1 of this Contract.
"Hazardous Waste" means any waste identified or listed as a hazardous waste by the
Texas Commission on Environmental Quality or by the Administrator of the United
States Environmental Protection Agency.
"Brush and Wood Material" shall mean (i) all brush material collected by the City's Solid Waste
Collection Department, only, and (ii) all woody material, excluding stumps, treated lumber,
painted lumber, railroad ties, hazardous waste, radioactive waste, solid waste (including: paper,
plastic, metals, furniture and garbage) delivered to the "Greenwaste Site.
"Term" is defined in Section 4.1 of this Contract.
Section 1.2 Interpretation. This Contract and all the terms and provisions hereof shall be
liberally construed to effectuate the purposes set forth herein and to sustain the validity of this
Contract.
2
Section 1.3 Governing Law. This Contract shall be governed in all respects, including validity,
interpretation and effect, by and shall be enforceable in accordance with the laws of the State
of Texas.
Section 1.4 Place of Performance. This Contract is performable and venue of any claims,
actions and causes of actions shall be in Jefferson County, Texas.
ARTICLE 11 QUANTITIES AND OPERATIONS
Section 2.1 General. During the Term of this Contract, the City shall deliver to the Greenwaste
Site Brush and Wood Material in vehicles owned by the City. The City shall cause to be
delivered only Brush and Wood Material to the Greenwaste Site and represents that no materials
will be delivered to the Greenwaste Site which would cause a violation of the standards, rules
and regulations imposed by any governmental agency having jurisdiction, including Hazardous
Waste.
Section 2.2 Quantity Measurement. The quantity of Brush and Wood Material actually
delivered by the City to the Greenwaste Site shall be determined by the rated capacity of each
vehicle delivering such material or by some other mutually acceptable method.
Section 2.3 Site Record. The Contractor during the mobilization will provide to the City an
estimated quantity of on-site material.
Section 2.4 Hours of Operation. The Contractor shall operate the Greenwaste Site from 7:00
A.M. to 5:00 P.M. Monday through Friday (except Contractor Holidays) for receipt of Brush
and Wood Material.
Section 2.5 Contractor Obligations. The Contractor is responsible for grinding the loose
Brush and Wood Material into chips and removing them from the site. The Greenwaste
Site will be stabilized, well drained, and have easy ingress and egress.
Section 2.6 City Obligations. The City is responsible for reloading and properly disposing of
any unauthorized material that is delivered to the Greenwaste Site by City vehicles.
ARTICLE 111 COMPENSATION
Section 3.1 Payment. Contractor shall invoice the City for the Price provided by the Contractor
based on certified weight of chipped material as provided by the disposal site and/or end user.
Section 3.2 Processing Rate.
Price per cubic $4.50 for grinding only, with a 6500 cubic yard minimum volume
to grind, not to exceed $38,000.00. Novus and the city will manually measure the
wood debris and agree on the total cubic yardage to grind, prior to the mobilization of
the grinding equipment. The price for wood chips delivered to the Republic
Services, Golden Triangle Landfill at 6433 Labelle Rd in Beaumont Texas, will be
charged at $250.00 per load.
3
Section 3.3 Dispute. In the event a daily record is disputed by the City, it shall, within ten days
of receipt of said disputed daily record, provide a written notice to the Contractor setting forth
in detail each matter in dispute and the reason. Promptly after receipt of such written notice, a
representative of the Contractor and the City (each of whom shall be duly authorized to agree
upon a final resolution of any such disputed matters) shall meet and attempt to expeditiously
resolve by mutual agreement all such disputes. All daily records, which are not disputed
pursuant to the foregoing procedure, shall be deemed accepted as correct by the receiving party.
ARTICLE IV TERM
Section 4.1 Term. Except as otherwise provided herein, the contract awarded will be for a
period of one (l) year, commencing the date of the award, unless a different period is indicated
for individual items on the Quote Sheet. Items will be purchased on an as needed basis. All
invoices must reference the purchase order number. Payment will be made within thirty (30)
days upon receipt of correct invoice by Account Payable. Contract length may be extended for
a period of one ( l) year if agreed to by both parties.
ARTICLE V TERMINATION AND CANCELLATION
Section 5.1 Termination and Cancellation. The Contractor may notify the City, not less
than ninety (90) days prior to expiration of the Contract of any increase the Contractor
requires in the processing rate in addition to those described in Article Ill. If the City
fails to accept such increase in writing at least ten (10) days prior to expiration, or if
the parties do not otherwise negotiate and agree in writing to an alternative processing
rate at least ten (10) days prior to December 1l, 2025, the Contractor or the City may
terminate this Contract.
ARTICLE VI INSURANCE
Section 6.1 Contractor Insurance Requirements. The Contractor agrees to maintain
during the term of this Contract and shall furnish the City with certificates of insurance
as follows:
COVERAGE LIMITS OF LIABILITY
General Liability $1,000,000 per occurrence
$2,000,000 aggregate
Excess Coverage $5,000,000 total
Worker's Compensation Automobile
Liability
Statutory
Section 6.2 City as Additional Insured. The City shall be named as an additional insured on all
policies listed above with the exception of the Workers' Compensation policy.
4
ARTICLE Vll MISCELLANEOUS PROVISIONS
Section 7.1 Force Majeure. "Force Majeure" shall mean acts of God, strikes, lockouts or other
industrial disturbances, acts of the public enemy, laws, rules, regulations or orders of any
applicable court or governmental authority, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, hurricanes, storms, floods, washouts, restraining of government
and people, civil disturbances, explosions, unavoidable breakage or accidents to machinery,
equipment or plants, and any other events which, whether similar to those enumerated or
otherwise, are not reasonably within the control of the part affected. In the event either party
is rendered unable, wholly or in part, by Force Majeure to carry out any of its obligations under
this Contract, then the obligations of such party, to the extent affected by such Force Majeure
and to the extent that due diligence is being used to resume performance at the earliest
practical time, shall be suspended during the continuance of any inability so caused to the
extent provided but for no longer period. Any time that a party intends to rely on Force
Majeure to suspend obligations as provided in Section 7.1, such party shall notify the other
party as soon as reasonably possible, setting forth the particulars of the situation. Notice shall
then be given when the effect of the Force Majeure event has ceased.
Section 7.2 Addresses and Notice. Unless otherwise provided in this Contract, any
communication, request, reply, advice or other notice herein provided or permitted to be
given, made or accepted by either party to the other, must be in writing and may be given or
be served by depositing the same with the United States Postal Service postpaid and
registered or certified and addressed to the party to be notified, with return receipt requested,
or by delivering the same to an officer or official of such party, or by prepaid telegram,
addressed to the party to be notified. For purposes of notice, the addresses of the parties shall
be:
If to the City of Nederland, Texas:
Designated City of Nederland Employee
P.O. Box 967
Nederland, Texas 77627
Attention: Public Works
NOVUS Wood Group, LP
6002 Debbielou Gardens Drive
Houston, TX 77034
Attention: Steve M. Ghormley, VP
The parties may at any time change their respective addresses by at least fifteen (15) days
written notice to the other party. Routine operational communications need not be
communicated in writing but may be exchanged verbally between the designated supervisory
personnel of the parties.
Section 7.3 Severability. The provisions of this Contract are severable, and if any word, phrase,
clause, sentence, paragraph, section or other part of this Contract of the application thereof to
any person or circumstance shall ever be held by any court or regulatory authority of competent
5
jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Contract and
the application of such word, phrase, clause, sentence, paragraph, section or other part of this
Contract to other persons or circumstances shall not be affected thereby, unless in the opinion
of the Contractor and City the purposes of this Contract are frustrated.
Section 7.4 Binding Effect. Each party represents and warrants to the other that this
Contract is binding upon and enforceable against such party.
Section 7.5 Records. Both the parties agree to keep such reasonable operating records as may
be required by state or federal regulations.
Section 7.6 Assignability. This Contract shall be binding upon and inure to the benefit of the
parties hereto and their successors and assigns and this Contract may be assignable by the
Contractor with City's approval prior to any assignment by contractor.
Section 7.7 Regulatory Bodies. This Contract shall be subject to all valid rules, regulations and
laws applicable hereto passed or promulgated by the United States of America, the State of
Texas and any other regulatory body with valid jurisdiction.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be deemed to be an original, as of the date and year first
written in this Contract.
NOVUS Wood Group, LP (Contractor)
By:________________________
ATTEST:____________________
City of Nederland, Texas (City)
By:
City Manager
ATTEST:
77. Asphalt Transition
78. Removing Concrete (Driveways)
79. Removing Concrete (Curb) 80. Backfill Behind Curb
81. Block Sodding
82. Flowable Backfill
83. Adjusting Manholes
84. Temporary Driveway Access
85. Concrete Curb (Doweled)
86. Driveways (Concrete)
87. Concrete Driveways (Header)
88. WK ZN PAV MRK SHT TERM(TAB), TY W
89. WKZN PAVMRKSHT TERM(TAB), TYY-2
90. Refl Pav Mark Ty I (W)4"(SLD)(100 MIL) 91. Refl Pav Mark Ty I (Y)4"(SLD)(100 MIL)
92. Refl Pav Mark Ty I (W)12"(SLD)(100 MIL)
93. Reflectorized Pavement Marker (WHITE) (Type II-A-A)
94. Reflectorized Pavement Marker (YELLOW)
95, Inlet Repair
AL TERNA TE BID ITEMS
18A Remove and Replace Curb Grate Inlet
19A Remove and Replace Curb Grate Inlet (Sta22+88)
57A Remove and Replace Curb Grate Inlet
95A Remove and Replace Curb Grate Inlet
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER:
Additional Time Requested this Change Order
EA 4
SY 35
LF 825
LF 825
LF 825
LF 15
EA 5 EA 6 LF 825 SY 35 LF 80
EA 20
EA 300
LF 920
LF 515
LF 22 EA 7 EA 4
EA 1
EA 4
EA 1
EA 1 EA 1
-7.0%
4 $2,500.00 $2,500.00
26.23 $50.00 $50.00 713 $3.50 $3.50
713 $9.00 $9.00
0 $3.00 $3.00
0 $190.00 $190.00
5 $1,100.00 $1,100.00
0 $850.00 $850.00
713 $18.00 $18.00
26.23 $230.00 $230.00
0 $20.00 $20.00
0 $6.50 $6.50 0 $6.50 $6.50
238 $7.80 $7.80
403 $7.80 $7.80
0 $32.00 $32.00
0 $13.00 $13.00
0 $13.00 $13.00 1 $3,800.00 $3,800.00
0 $9,500.00 $9,500.00
0 $9,500.00 $9,500.00
0 $9,500.00 $9,500.00
0 $9,500.00 $9,500.00
$
$
$ $
$
$
$ $
$
$
$
$
$
(438.50)
(392.00)
(1,008.00)
(2,475.00)
(2,850.00)
(5,100.001
(2,016.00)
(2,017.10)
(1,600.00)
(130.001
(1,950.00)
(5,319.60)
'873.60)
(704.001
(91.00)
(52.00)
(38,000.00)
(9,500.00)
(9,500.00)
(9,500.00)
280
Schaumburg & Polk, Inc Engineer
Date:
Approved By:
City of Nederland Owner Contractor
Date:
RESOLUTION NO. 2025-1
A RESOLUTION OF THE NEDERLAND CITY
COUNCIL AUTHORIZING THE MAYOR TO ENTER
INTO THE PURDUE SETTLEMENT AND
AUTHORIZING THE SUBMISSION OF THE
SUBDIVISION PARTICIPATION AND RELEASE
FORM REGARDING THE PURDUE SETTLEMENT AND
FULL RELEASE OF ALL CLAIMS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Nederland has previously adopted and approved the Texas Term
Sheet and Allocation Schedule regarding the Global Opioid Settlement through the Office of the
Attorney General; and
WHEREAS, Office of the Texas Attorney General has generally provided notice relating to
settlement of opioid claims against Purdue (the “Purdue Settlement”); and
WHEREAS, the City of Nederland may participate in this settlement by adopting and
submitting to the national Opioid Settlements Implementation Administrator on or before
September 30, 2025, the Subdivision Participation and Release Form, attached hereto and
incorporated herein by this reference as Exhibit “K” (the “Release Form”); and
WHEREAS, the City Council of the City of Nederland, Texas (i) finds there is a substantial
need for repayment of opioid-related expenditures and payment to abate opioid-related harms
in and about the City of Nederland, (ii) supports the addition of the Purdue Settlement to those
previously adopted; and (iii) supports the adoption and approval the Release Form and finds it to
be in the public interest to approve such settlement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
1.The Mayor is hereby authorized on behalf of the City to enter into the opioid settlement with
Purdue (the “Purdue Settlement”) and to sign and submit or cause to be submitted said
Subdivision Participation and Release Form, attached hereto and incorporated herein by this
reference as Exhibit “A,” to the National Opioid Settlements Implementation Administrator by
email at opioidsparticipation@rubris.com before September 30, 2025.
2.The Mayor is authorized to act on behalf of the City to agree to such future opioid settlement
agreements and release of claims negotiated and recommended by the Texas Attorney General
that provide for distribution of settlement funds to the City.
3.This Resolution shall become effective immediately upon passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this
the 8TH day of September 2025 at which meeting a quorum was present and voting.
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
Joni Underwood, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM:
Chris Leavins, City Attorney
City of Nederland, Texas
K-1
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above (“Governmental Entity”), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to that certain
Governmental Entity & Shareholder Direct Settlement Agreement accompanying this
participation form (the “Agreement”)1, and acting through the undersigned authorized official,
hereby elects to participate in the Agreement, grant the releases set forth below, and agrees as
follows.
1.The Governmental Entity is aware of and has reviewed the Agreement, and agrees that by
executing this Participation and Release Form, the Governmental Entity elects to
participate in the Agreement and become a Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly after the Effective Date, and prior to the filing of
the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and
Released Claims that it has filed. With respect to any Shareholder Released Claims and
Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804,
the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file
on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice
substantially in the form found at https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the Agreement pertaining to Participating
Subdivisions as defined therein.
4.By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary
payments beginning following the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Agreement
solely for the purposes provided therein.
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as and to the extent provided in, and for resolving disputes to the extent provided in, the
1 Capitalized terms used in this Exhibit K but not otherwise defined in this Exhibit K have the meanings given to
them in the Agreement or, if not defined in the Agreement, the Master Settlement Agreement.
K-2
Agreement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Agreement.
7. The Governmental Entity has the right to enforce the Agreement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Agreement, including without limitation all provisions of Article 10
(Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency, person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of Subdivision Releasor, to the maximum extent of its authority, for good
and valuable consideration, the adequacy of which is hereby confirmed, the Shareholder
Released Parties and Released Parties are, as of the Effective Date, hereby released and
forever discharged by the Governmental Entity and its Subdivision Releasors from: any
and all Causes of Action, including, without limitation, any Estate Cause of Action and any
claims that the Governmental Entity or its Subdivision Releasors would have presently or
in the future been legally entitled to assert in its own right (whether individually or
collectively), notwithstanding section 1542 of the California Civil Code or any law of any
jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be
deemed waived), whether existing or hereinafter arising, in each case, (A) directly or
indirectly based on, arising out of, or in any way relating to or concerning, in whole or in
part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their
Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as
to which any conduct, omission or liability of any Debtor or any Estate is the legal cause
or is otherwise a legally relevant factor (each such release, as it pertains to the Shareholder
Released Parties, the “Shareholder Released Claims”, and as it pertains to the Released
Parties other than the Shareholder Released Parties, the “Released Claims”). For the
avoidance of doubt and without limiting the foregoing: the Shareholder Released Claims
and Released Claims include any Cause of Action that has been or may be asserted against
any Shareholder Released Party or Released Party by the Governmental Entity or its
Subdivision Releasors (whether or not such party has brought such action or proceeding)
in any federal, state, or local action or proceeding (whether judicial, arbitral, or
administrative) (A) directly or indirectly based on, arising out of, or in any way relating to
or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after
the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv)
Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or
any Estate is the legal cause or is otherwise a legally relevant factor.
9. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Shareholder Released
Claims or Released Claims against any Shareholder Released Party or Released Party in
any forum whatsoever, subject in all respects to Section 9.02 of the Master Settlement
Agreement. The releases provided for herein (including the term “Shareholder Released
K-3
Claims” and “Released Claims”) are intended by the Governmental Entity and its
Subdivision Releasors to be broad and shall be interpreted so as to give the Shareholder
Released Parties and Released Parties the broadest possible release of any liability relating
in any way to Shareholder Released Claims and Released Claims and extend to the full
extent of the power of the Governmental Entity to release claims. The Agreement shall be
a complete bar to any Shareholder Released Claim and Released Claims.
10. To the maximum extent of the Governmental Entity’s power, the Shareholder Released
Parties and the Released Parties are, as of the Effective Date, hereby released and
discharged from any and all Shareholder Released Claims and Released Claims of the
Subdivision Releasors.
11. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Agreement.
12. In connection with the releases provided for in the Agreement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other
jurisdiction, or principle of common law, which is similar, comparable, or equivalent to
§ 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her, would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Shareholder Released Claims or such
other Claims released pursuant to this release, but each Governmental Entity hereby
expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Shareholder Released Claims or such other Claims released
pursuant to this release that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no fault
whatsoever, and which, if known, would materially affect the Governmental Entities’
decision to participate in the Agreement.
13. Nothing herein is intended to modify in any way the terms of the Agreement, to which
Governmental Entity hereby agrees. To the extent any portion of this Participation and
Release Form not relating to the release of, or bar against, liability is interpreted differently
from the Agreement in any respect, the Agreement controls.
14. Notwithstanding anything to the contrary herein or in the Agreement, (x) nothing herein
shall (A) release any Excluded Claims or (B) be construed to impair in any way the rights
and obligations of any Person under the Agreement; and (y) the Releases set forth herein
shall be subject to being deemed void to the extent set forth in Section 9.02 of the Master
Settlement Agreement.
K-4
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
CITY OF NEDERLAND
ORDINANCE NO. 2025-16
AN APPROPRIATION ORDINANCE ADOPTING
A BUDGET FOR THE ENSUING FISCAL YEAR
BEGINNING OCTOBER 1, 2025, AND ENDING
SEPTEMBER 30, 2026, IN ACCORDANCE WITH
ARTICLE VII, OF THE CHARTER OF THE CITY
OF NEDERLAND.
WHEREAS, in accordance with Article VII, Section 7.02 of the City Charter, the City
Manager prepared and presented to the City Council a city budget itemizing estimated revenues
and appropriations for the ensuing fiscal year beginning October 1, 2025 and ending September
30, 2026.
WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the
meeting of the Council at which the budget and budget message were submitted, the Council
determined the place and time of the public hearing. On August 25, 2025, after notice was
published, said Public Hearing was held by the City Council on the proposed budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
Section 1 - GENERAL FUND. That there be and is hereby appropriated the sum of Sixteen
million, eight hundred fifty-six thousand, five hundred dollars and no cents ($16,856,500.00)
to the General Fund for the payment of operating expenses and necessary capital outlay for
the following departments and uses:
a. City Council $46,255
b. Legal $98,490
c. City Manager $494,194
d. Finance $696,490
e. Personnel $531,651
f. Civil Service $4,150
g. City Hall $190,200
h. Police $6,318,294
i. Property Maintenance $70,519
j. Emergency Management $73,500
k. Fire $2,830,116
l. Fire Volunteers $18,650
m. Inspections $548,029
n. Public Works Administration $621,176
o. Street Department $1,277,259
p. Animal Control $179,564
q. Parks & Recreation $1,261,801
r. Library $681,479
s. Other Requirements $914,683
Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of
Three million, two hundred ninety-nine thousand, nine hundred twenty-five dollars and no
cents ($3,299,925.00) to the Debt Service Fund for payment of principal and interest on
outstanding City debt.
Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of
Seven million, seven thousand dollars and no cents ($7,007,000.00) to the Water & Sewer
Fund for the payment of operating expenses and necessary capital outlay for the following
departments and uses:
a. Water Treatment $2,188,198
b. Billing/Collections $641,714
c. Wastewater Treatment $1,415,011
d. Water & Sewer Distribution $1,093,535
e. Other Requirements $1,668,542
Section 4 – SANITARY SEWER EVALUATION FUND (SSES). That there be and is
hereby appropriated the sum of Fifty thousand dollars and no cents ($50,000.00) to the SSES
Fund for the payment of operating expenses and necessary capital outlay.
Section 5 - SOLID WASTE FUND. That there be and is hereby appropriated the sum of Two
million, thirty-two thousand, five hundred dollars and no cents ($2,032,500.00) to the Solid
Waste Fund for the payment of operating expenses and necessary capital outlay.
Section 6 - EQUIPMENT REPLACEMENT FUND-GENERAL. That there be and is hereby
appropriated the sum of One hundred sixty-five thousand dollars and no cents ($165,000.00)
to the Equipment Replacement Fund-General for the payment of necessary capital outlay.
Section 7 - EQUIPMENT REPLACEMENT FUND-SOLID WASTE. That there be and is
hereby appropriated the sum of Three hundred forty thousand dollars and no cents
($340,000.00) to the Equipment Replacement Fund-Solid Waste for the payment of
necessary capital outlay.
Section 8 - EQUIPMENT REPLACEMENT FUND-WATER & SEWER. That there be and
is hereby appropriated the sum of Three hundred seventy-one thousand dollars and no cents
($371,000.00) to the Equipment Replacement Fund-Water & Sewer for the payment of
necessary capital outlay.
Section 9 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum
of Nineteen thousand, seven hundred fifty dollars and no cents ($19,750.00) to the Police
Narcotics Fund for the payment of operating expenses and necessary capital outlay.
Section 10 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum
of Seventy-nine thousand dollars and no cents ($79,000.00) to the Library Special Fund for
the payment of operating expenses and necessary capital outlay.
Section 11 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of
Ninety-three thousand dollars and no cents ($93,000.00) to the Hotel/Motel Fund for the
payment of operating expenses.
Section 12 – FIRE DEPARTMENT SPECIAL FUND. That there be and is hereby
appropriated the sum of Forty thousand dollars and no cents ($40,000.00) to the Fire
Department Special Fund for the payment of operating expenses and necessary capital
outlay.
Section 13 – COURT TECHNOLOGY FUND. That there be and is hereby appropriated the
sum of Seven thousand dollars and no cents ($7,000.00) to the Court Technology Fund for
the payment of operating expenses and necessary capital outlay.
Section 15 – STREET IMPROVEMENT FUND. That there be and is hereby appropriated
the sum of One million, two hundred thousand dollars and no cents ($1,200,000.00) to the
Street Improvement Fund for the payment of operating expenses and necessary capital
outlay.
Section 16 - MID-COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCH FUND. That
there be and is hereby appropriated the sum of Two million, sixty-six thousand, eight
hundred forty dollars and no cents ($2,066,840.00) to the Mid-County Municipal League
Dispatch Fund for the payment of operating expenses and necessary capital outlay.
THAT the foregoing appropriations for expenditures be adopted as the budget for the
ensuing fiscal year beginning October 1, 2025 and ending September 30, 2026.
THAT the City Council shall meet and adopt an Ordinance levying on the assessed
valuation of the property within the City, subject to the provisions of the Charter and lawful
exceptions given by State Law or City Ordinance, a rate of taxation on each One Hundred
Dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in this
annual budget less the amounts estimated to be received from fines, licenses, and other sources
of revenue.
THAT any unencumbered funds remaining on hand at the end of the fiscal year ending
September 30, 2025, shall be construed with and classified with Miscellaneous Revenue
anticipated during the fiscal year beginning October 1, 2025 and ending September 30, 2026, and
such funds are hereby appropriated as a City Council Contingency Account for purposes
approved by the City Council.
THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed.
THAT the City Clerk shall file a true copy of this ordinance and said budget with the
Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local
Government Code.
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 THIS THE 8TH DAY OF SEPTEMBER 2025.
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
Joni Underwood, City Clerk
APPROVED AS TO FORM:
Christopher D. Leavins, City Attorney
ORDINANCE NO. 2025-17
AN ORDINANCE APPROVING THE TAX ASSESSMENT
ROLLS FOR THE YEAR 2025, LEVYING AND ASSESSING
TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND
AND THE MUNICIPAL GOVERNMENT THEREOF;
APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES;
AND PROVIDING FOR THE INTEREST AND SINKING
FUND.
WHEREAS, pursuant to the provisions of the Tax Code of the State of Texas, the tax assessment
rolls to be used for the collection of taxes for the captioned year, wherein the value of all property
situated within the City of Nederland, subject to ad valorem taxes for the tax year 2025, was fixed by
Angela Bellard, Chief Appraiser of Jefferson Central Appraisal District, at a total value of
$2,039,412,353; now, therefore,
WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE;
AND,
WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY 4.52
PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND
OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $4.18.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1: - That the tax assessment rolls furnished by the City’s Tax Assessor-Collector, based
upon the certified roll furnished by Angela Bellard, Chief Appraiser of Jefferson Central Appraisal
District, at a total value of $2,039,412,353, shall become the tax assessment rolls of the City of
Nederland for the year 2025, less all exemptions provided by either State Law or City ordinance in
the amount of $227,950,494.
SECTION 2: - That there is hereby levied for the current year, 2025, and there shall be collected for
the use and support of the municipal government of the City of Nederland, and to provide interest
and sinking funds for the fiscal year ending September 30, 2026 upon all property, real, personal,
and mixed, within the corporate limits of said City subject to taxation, a tax of 45.1000 cents on each
one hundred dollars ($100) valuation of property; said tax being so levied and apportioned to the
specific purposes hereinafter set forth:
(a) For the maintenance and support of the general government (General Fund), 32.2711
cents on each one hundred dollars ($100) valuation of property; and
(b) For the Interest & Sinking Fund, 12.8289 cents on each one hundred dollars ($100)
valuation of property as follows:
For the purpose of paying fees, interest and principal of One hundred ninety-five
thousand, four hundred, twenty-five dollars ($195,425.00) on the Tax and Revenue
Certificates of Obligation, Series 2013, 1.0752 cents on each one hundred dollars
($100) valuation of property.
For the purpose of paying fees, interest and principal of Seven hundred eight thousand,
eight hundred dollars ($708,800.00) on the Tax and Revenue Certificates of
Obligation, Series 2017, 3.8998 cents on each one hundred dollars ($100) valuation of
property.
For the purpose of paying fees, interest and principal of Three hundred thirty-five
thousand, sixty-three dollars ($335,063.00) on the Combination Tax and Revenue
Certificates of Obligation, Series 2021, 1.8435 cents on each one hundred dollars
($100) valuation of property.
For the purpose of paying fees, interest and principal of Five hundred one thousand,
nine hundred dollars ($501,900.00) on the Combination Tax and Revenue Certificates
of Obligation, Series 2023, 2.7615 cents on each one hundred dollars ($100) valuation
of property.
For the purpose of paying fees, interest and principal of Five hundred ninety thousand,
five hundred dollars ($590,500.00) on the Combination Tax and Revenue Certificates
of Obligation, Series 2024, 3.2489 cents on each one hundred dollars ($100) valuation
of property.
SECTION 3: - The Jefferson County Tax Assessor-Collector (who, pursuant to contract, is the Tax
Assessor-Collector for the City of Nederland) is hereby directed to prepare Tax Statements and
proceed with the collections of the 2025 taxable year, and the amounts collected shall be deposited in
the Depository of the City of Nederland, to be distributed in accordance with this Ordinance.
SECTION 4: - That if any provision, section, subsection, paragraph, sentence, clause, or phrase of
this ordinance shall for any reason be held to be unconstitutional, void, or invalid, such invalidity
shall not affect the validity of the remaining provisions of this ordinance; and to this end all
provisions of this ordinance are declared to be severable.
PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND AT A REGULAR MEETING THIS THE 8th DAY OF SEPTEMBER, A.D.,
2025.
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
Joni Underwood, City Clerk
APPROVED AS TO FORM:
Christopher D. Leavins, City Attorney