October 27, 2025 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
5:30 p.m. October 27,2025
1. MEETING
The meeting was called to order at 5:30 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 and the Pledges of Allegiance were led by Pastor Marcus Dunham with
Church on the Rock.
3. CITIZEN COMMENTS
Jacqueline Toups, 613 N. 14th St., addressed the council regarding the Zoning Board of
Appeals process. She wanted to clarify that after someone has appealed an issue to the
Zoning Board of Appeals, the next step is to take the matter to court, not address the city
council. She stated this is a misconception and recommended that the city create a
pamphlet explaining the proper appeal process and have recipients sign for it when
receiving.
4. CONSENT AGENDA - All consent agenda items listed are considered to be routine by
the City Council and will be enacted by one motion. There will be no separate discussion
of these items unless a councilmember so requests, in which event the item will be
removed from the Consent Agenda and considered separately.
Councilmember Jones requested to separate Item 4.a (minutes from October 13, 2025) for
correction. The remaining consent agenda items were approved by motion from
Councilmember Duplant and seconded by Mayor Pro Tem Ortiz. MOTION
CARRIED.
AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz.
NOES: None.
a. Minutes—October 6,2025 special meeting
b. September 2025 Departmental reports.
Minutes continued, October 27, 2025
c. Tax Assessor Collection Report—September 2025.
d. Discussion and possible action to approve a request from the Nederland Little Dribblers to
utilize the Nederland Recreation Center for practices on Tuesday and Thursday evenings
from November 2025 thru February 2026.
5. REGULAR AGENDA
NEW BUSINESS
a. Tina Martinez, Senior Vice Commander of the Veterans of Foreign Wars Post 4820 in
Port Neches gave a presentation on `Women in Veterans Services,' highlighting
women's military service throughout American history.
b. Michael Mitchell, Water Treatment Plant Supervisor, presented detailed information
about a recent water quality violation. Mitchell explained that the violation involved
disinfection byproducts (TTHMs and HAA5s) that exceeded maximum contaminant
levels during the second quarter of 2025. Mr. Mitchell clarified residents do not need
to boil water and that the current water supply is compliant and safe for all uses
including restaurants, schools, and nursing homes. He explained that the violation
occurred during a routine free chlorine conversion process in June.
c. A motion was made by Councilmember Sonnier and seconded by Councilmember
Duplant to approve final payment to Texas Drainage for the ditch cleanout project.
MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant,Sonnier,and Ortiz.
NOES: Councilmember Jones.
Jolei Shipley, 8765 Holmes Rd, raised concerns about the project and stated she had not
viewed the contract. She also noted ongoing issues with specific locations that remain
unaddressed.
d. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to
approve final payment and release of retainage for the 2024 HMAC Street Program
project. MOTION CARRIED.
AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz.
NOES: None.
e. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Sonnier
to approve Ordinance No. 2025-21, amending the fiscal year 2025-2026 budget.
MOTION CARRIED.
AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz.
NOES: None.
f. A motion was made by Councilmember Jones and seconded by Mayor Pro Tern Ortiz to
approve Ordinance No. 2025-22, Texas Municipal Retirement System adjustment
including cost of living increases for retirees. MOTION CARRIED.
AYES: Mayor Darby,Councilmembers Duplant,Jones, Sonnier,and Ortiz.
2
Minutes continued, October 27, 2025
NOES: None.
g. A motion was made by Councilmember Sonnier and seconded by Councilmember
Duplant amending transfer of sewer Certificates of Convenience and Necessity (CCN)
to Water District#10 for 2005 Peterson. MOTION CARRIED.
AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz.
NOES: None.
Tommy McDonald with Water District #10 stated Water District #10 Board of
Directors did approve to serve sanitary sewer service to 2005 Peterson Street.
h. A motion was made by Councilmember Jones and seconded by Councilmember Sonnier
to approve the Minutes of October 13, 2025 with the correction on Item 4.i, regarding
his vote on a motion related to Johnny Powell's extension. The minutes were amended
to reflect that Jones voted "no" rather than "yes" on the motion. MOTION
CARRIED.
AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz.
NOES: None.
Mayor Darby announced that Bruce Mills will begin serving as interim city manager
beginning Monday, November 3, 2025. Mr. Mills has extensive background in Austin
city government and police work. Mayor Darby also thanked interim City Manager
Cheryl Dowden for her service over the past six months.
6. ADJOURN
There being no further business Mayor Darby adjourned the meeting at 6:31 p.m.
4144/../.d 'A.e
4Prl /'. a arby, Mayor
City of Nederland,Texas
ATTEST:
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Joni U I.erwood, City Clerk ,,,tulliIi11Iu/,,,,
City of Nederland, Texas :- � Q�iQj,,,``'%,
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3
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Jeffrey P. Darby Mayor +✓
Bret Duplant Council Member—Ward I ►�
Britton Jones Council Member—Ward II ✓
Randy Sonnier Council Member—Ward III ✓
Jeff Ortiz Council Member—Ward IV I
Cheryl Dowden Interim City Manager
Joni Underwood City Clerk V
Swwa 1I0Wa44
Thr' City Attorney ✓
Heather Stucker Director of Finance ✓
Rod Carroll Police Chief +�
Terry Morton Fire Chief '7
Director of Public Works
George Wheeler Building Official
Jacob Pitts Inspections Adm.Secretary �✓
MOH Hall Librarian ✓
Stephanie Gaspard Human Resources Director
Toby Latiolais Parks Director
4 "7
effrey P. D•rby, Mayor
rt; (AMU/64
Joni derwood, City Clerk
Date
i'' .1) °e•\,
.`t•IV" t.4\
.F; , , k'
KATE
t CARROLL
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' TAX ASSESSOR-COLLECTOR
JEFFERSON COUNTY,TEXAS
STATEOF TEXAS
couwy OF PERSON s.
Ti Kate carroll,tile•Tax Assessor-Collector,of lefferson:CoUnty,Texas and also,
by contract or;:Statute, the Tait Assessor-Collector for .CITY' OF NEDERLAND,
affirm, under oaththat this amount$2.84245.05, represents all taxes collected ft*
Cilie Of NED.ERLAND during the month of September 2025.
'Kate Carroll
•MAILING ADDRESS,••:P.O.13ox 211 2 -BEAUMONT,TEXAS 777042112
PHYSICAL ADDRESS •1 149 PEARL••• BEAUMONT,TEXAS 77701
PHoNE:.409-835-8516.s. FAX:409-835-8589
ORDINANCE NO.2025-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2025-
2026 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2025-16 which adopted
the Fiscal Year 2025-2026 City Budget;and,
WHEREAS, the City Council of the City of Nederland deems it necessary to amend the
current budget to increase revenues and expenditures as set out in Attachment "A" attached
hereto;and,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2025-2026 is amended to allow for increases in
revenues and 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 27th DAY OF OCTOBER,2025.
44!
Jeffrey P.Darby,Mayor
City of Nederland,Texas
ATTEST:
Joni UrVderwood,City Clerk
APPROVED AS TO FORM: ?Q?..';*
4
Christophe D.Leavins,City Attorney (-6:k •(�°°•• ti,
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1
BUDGET ORDINANCE AMENDMENT-ATTACHMENT A
GENERAL FUND
Amend General Fund by increasing revenue and increasing expenditure line items as detailed
below:
Increase 01-00-00-448d Donations $14,481.00
Increase 01-21-00-6265 Supplies/Minor Tools&Equipment $14,481.00
The Nederland Heritage Festival Foundation awarded a grant to the Police Department for the
purchase of three E-bikes.
Increase 01-00-00-4480 Donations $2,500.00
Increase 01-21-00-6265 Supplies/Minor Tools&Equipment $2,500.00
Motiva First Responder Grant was awarded to the Police Department for the purchase of several
"Stop the Bleed Kits."
Increase 01-00-00-4480 Donations $2,477.00
Increase 01-34-00-6265 Supplies/Minor Tools&Equipment $2,477.00
The Nederland Heritage Festival Foundation awarded a grant to the Animal Control Department
for the purchase of a dart gun.
Increase 01-00-00-4480 Donations $11,853.00
Increase 01-51-00-6265 Supplies/Minor Tools&Equipment $11,853.00
The Nederland Heritage Festival Foundation awarded a grant to the Parks Department for the
purchase of gym floor covering with storage rack.
FIRE DEPARTMENT SPECIAL FUND
Amend Fire Department Special Fund by increasing revenue and increasing expenditure line
items as detailed below:
Increase 24-00-00-4410 Rescue Team Donations $9,013.00
Increase 24-22-06-6265 Supplies/Minor Tools&Equipment $9,013.00
! The Nederland Heritage Festival Foundation awarded a grant for the Fire Department Rescue
Team for the purchase of three escape air packs used in conjunction with supplied breathing air
system.
Increase 24-00-00-4410 Rescue Team Donations $3,000.00
Increase 24-22-06-6265 Supplies/Minor Tools&Equipment $3,000.00
Motiva First Responder Grant was awarded to the Fire Department for the purchase of one
escape air pack used in conjunction with supplied breathing air system.
2
ORDINANCE NO.2025-22
AN ORDINANCE REGARDING THE CITY OF NEDERLAND'S TEXAS
MUNICIPAL RETIREMENT SYSTEM BENEFITS AUTHORIZING:(1)NON-
RETROACTIVE REPEATING COLAS, FOR RETIREES AND THEIR
BENEFICIARIES UNDER TMRS ACT §853.404(f) and (f-1), AND (2)
ANNUALLY ACCRUING UPDATED SERVICE CREDITS.
WHEREAS,the City of Nederland,Texas (the "City"), elected to participate in the Texas
Municipal Retirement System (the"System"or"TMRS") pursuant to Subtitle G of Title 8,Texas
Government Code,as amended(which subtitle is referred to as the"TMRS Act");and
WHEREAS, each person who is or becomes an employee of the City on or after the
effective date of the City's participation in the System in a position that normally requires services
of 1,000 hours or more per year("Employee")shall be a member of the System("Member")as a
condition of their employment;and
WHEREAS, House Bill 2464, 88th Texas Legislature, R.S., 2023 ("HB 2464"), added
Subsections 853.404(f)and(f-1)to the TMRS Act and authorized cities participating in the System
to provide certain retirees and their beneficiaries with an annually accruing("repeating")annuity
increase (also known as a cost of living adjustment, or "COLA") based on the change in the
Consumer Price Index for All Urban Consumers for the one-year period that ends 12 months
before the January 1 effective date of the applicable COLA(a"non-retroactive repeating COLA");
and
WHEREAS, new TMRS Act §853.404(f) and (f-1) allow participating cities to elect to
provide non-retroactive repeating COLAs under certain circumstances, as further described by
this Ordinance, by adopting an ordinance to be effective January 1 of 2024, 2025 or 2026, in
accordance with TMRS Act§854.203 and§853.404;and
WHEREAS,TMRS Act§853.404(f-1) provides the non-retroactive repeating COLA option
applies only to a participating city that,as of January 1,2023,either(1)has not passed an annually
repeating COLA ordinance under TMRS Act §853.404(c) or had previously passed a repeating
COLA ordinance and then,before January 1,2023,passed an ordinance rescinding such repeating
COLA,or(2)does provide an annually repeating COLA under§853.404(c)and elects to provide a
non-retroactive repeating COLA under§853.404(f)for purposes of maintaining or increasing the
percentage amount of the COLA;and
WHEREAS, the City Council acknowledges that the City meets the above-described
criteria under §853.404(f-1) and is eligible to elect a non-retroactive repeating COLA under
§853.404(f)and that such election must occur before January 1,2026,and after that date future
benefit changes approved by the City may require reversion to a retroactive repeating COLA;and
WHEREAS, the City Council finds that it is in the public interest to: (1) adopt annually
accruing non-retroactive COLAs for retirees and their beneficiaries under TMRS Act§853.404(f)
and (f-1);and (2)in accordance with TMRS Act§853.404 and §854.203(h), reauthorize annually
accruing Updated Service Credits;now:
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
1
1
Section 1. Adoption of Non-Retroactive Repeating COLAs.
(a) On the terms and conditions set out in TMRS Act §854.203 and §853.404,the City
authorizes and provides for payment of the increases described by this Section to the
annuities paid to retired City Employees and beneficiaries of deceased City retirees
(such increases also called COLAs).An annuity increased under this Section replaces
any annuity or increased annuity previously granted to the same person.
(b) The amount of the annuity increase under this Section is computed in accordance with
TMRS Act§853.404(f)as the sum of the prior service and current service annuities,as
increased in subsequent years under TM RS Act§854.203 or TM RS Act§853.404(c),of
the person on whose service the annuities are based on the effective date of the
annuity increase,multiplied by 30%of the percentage change in the Consumer Price
Index for All Urban Consumers during the 12-month period ending in December of the
year that is 13 months before the effective date of the increase under this Section.
(c) An increase in an annuity that was reduced because of an option selection is reducible
in the same proportion and in the same manner that the original annuity was reduced.
(d) If a computation under this Section does not result in an increase in the amount of an
annuity,the amount of the annuity will not be changed under this Section.
(e) In accordance with TMRS Act §853.404(f-1)(2), an increase under this Section only
applies with respect to an annuity payable to a TMRS Member, or their
beneficiary(ies),which annuity is based on the service of a TMRS Member who retired,
or who is deemed to have retired under TMRS Act§854.003, not later than the last
day of December of the year that is 13 months before the effective date of the
increase under this Section.
(f) The amount of an increase under this Section is an obligation of this City and of its
account in the benefit accumulation fund of the System.
(g) The initial increase in annuities authorized by this Section shall be effective on January
1 immediately following the year in which this Ordinance is approved, subject to
receipt by the System prior to such January 1 and approval by the Board of Trustees
of the System ("Board"). Pursuant to TMRS Act§853.404, an increase in retirement
annuities shall be made on January 1 of each subsequent year, provided that, as to
such subsequent year,the actuary for the System has made the determination set
forth in TMRS Act§853.404(d),until this Ordinance ceases to be in effect as provided
in TM RS Act§853.404(e).
Section 2. Authorization of Annually Accruing Updated Service Credits.
(a) As authorized by TMRS Act §854.203(h) and §853.404, and on the terms and
conditions set out in TMRS Act§§853.401 through 853.404,the City authorizes each
Member who on the first day of January of the calendar year immediately preceding
the January 1 on which the Updated Service Credits will take effect (i) has current
service credit or prior service credit in the System by reason of service to the City,(ii)
has at least 36 months of credited service with the System, and (iii) is a TMRS-
contributing Employee of the City,to receive"Updated Service Credit,"as that term
is defined and calculated in accordance with TMRS Act§853.402.
(b) The Updated Service Credit authorized and provided under this Ordinance shall be
100% of the "base Updated Service Credit" of the TMRS Member calculated as
2
provided in TM RS Act§853.402.
(c) If the City previously adopted an ordinance authorizing Updated Service Credit for
unforfeited prior service credit and/or current service credit with another System
participating municipality (also known as "Transfer USC"), the calculations and
adjustments set forth in TMRS Act§853.601 apply to any such prior Transfer USC.
(d) Each Updated Service Credit authorized and provided by this Ordinance shall replace
any Updated Service Credit, prior service credit, special prior service credit, or
antecedent service credit previously authorized for part of the same service.
(e) The initial Updated Service Credit authorized by this Section shall be effective on
January 1 immediately following the year in which this Ordinance is approved,subject
to receipt by the System prior to such January 1 and approval by the System's Board.
Pursuant to TMRS Act §853.404, the authorization and grant of Updated Service
Credits in this Section shall be effective on January 1 of each subsequent year,using
the same percentage of the"base Updated Service Credit"stated in Subsection(b)in
computing Updated Service Credits for each future year, provided that, as to such
subsequent year,the actuary for the System has made the determination set forth in
TMRS Act§853.404(d),until this Ordinance ceases to be in effect as provided in TMRS
Act§853.404(e).
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
REGULAR MEETING THIS THE 27TH DAY OF OCTOBER,2025. ��%��,-
// ' / Z.,/
e f ey P 'arby,Mayor
City of Nederland,Texa
ATTEST:
Qcvi , �,I/ud.QJlctl S
Joni n erwood,City Clerk
APPROVED AS TO FORM:
`uuinuuun,u,�
Christoph r D.Leavins,City Attorney :St Jt )
•
•%� OF 3 .
3
MRS
September 17,2025
Cheryl Dowden
Interim City Manager
City of Nederland
207 N 12th St
Nederland,TX 77627-4105
Dear Ms.Dowden:
We are pleased to enclose a model ordinance for your city to adopt:
100%Updated Service Credit without Transfers
30%Non-retroactive Cost of Living Adjustment Increase to Annuitants
Both Annually Repeating
Both Effective January 1,2026
By statute,when a city offers Updated Service Credits(USC)on an annually repeating basis,the
city must readopt this annually repeating provision when adopting Cost of Living Adjustments
(COLA).Therefore,the enclosed ordinance includes the city's readoption of this benefit.
By adopting this ordinance,the city will not have to adopt an ordinance each year to reauthorize
the calculation of USC/COLA. These benefits will remain in effect for future years until such
time as they are discontinued by an ordinance adopted by the City Council.
With the adoption of this benefit,the city's contribution rate will be 11.27%beginning January
1,2026.
Please make sure the ordinance is adopted and signed before the effective date.When the
ordinance is adopted,please send a copy to City Services at cityservices@tmrs.com.
If you have any questions about the model ordinance or anything else,please call me at 512-225-
3742.
Sincerely,D.-
a.
Colin Davidson
Director of City and Member Services
TEXAS MUNICIPAL RETIREMENT SYSTEM
P.O.Box 149153•Austin,Texas 78714-9153
800-924-8677•www.tmrs.com
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