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February 2, 2026 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. February 2,2026 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 Pledges of Allegiance were led by Councilmember Sonnier. 3. CITIZEN COMMENTS Jacqueline Toups, 613 N. 14th Street,who serves on the Zoning Board of Appeals, addressed the council regarding property at 2120 Avenue H. She explained that in October,the ZBA denied a request for a quadplex conversion due to lack of proper permits and zoning compliance. She stated that there were several reasons the request was denied. The property is not zoned for this purpose and the construction was not properly permitted. She expressed concern that the property was sold in November to the original owner's — father under a business entity,and that an appeal was improperly filed in municipal court rather than district court as required by Texas Code Section 211. She noted that 12 to 16 people were living in the unpermitted quadplex at the time of the ZBA meeting. Keith Bass, 2415 Avenue E,praised the hard work of Public Works employees while raising concerns about a broken pipe at 2409 Avenue E that had been causing standing water in ditches since October. Bass stated that the City has been out to investigate this issue but he is being told that the department is waiting on material to repair it. He criticized the focus on minor code violations while infrastructure problems persisted and requested more recognition for Public Works staff. Mayor Darby directed Assist.to the City Manager, Taylor Shelton,to address the issue and provide a written resolution. Jolei Shipley, 8765 Holmes Road, addressed multiple ongoing issues including the Avenue H property situation and the operation of 50 apartments at the Mid Jeff hospital, describing it as inconsistent with city ordinances and zoning. Ms. Shipley expressed concern about Minutes continued, February 2, 2026 building safety and questioned the city attorney's knowledge of the improperly filed municipal court appeal and called for accountability in code enforcement priorities. 4. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. Mayor Pro Tem Ortiz requested removal of Consent Agenda Item B (December 2025 Departmental Reports) for separate discussion. The motion was seconded by Councilmember Jones and passed unanimously, moving the item to the end of the regular agenda as Item 5L. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to approve the remaining Consent Agenda Items "a and c" as presented. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tern Ortiz a. Minutes—January 12, 2026 regular meeting c. Tax Assessor Collection Report—December 2025 5. REGULAR AGENDA NEW BUSINESS a. A motion was made by Councilmember Jones and seconded by Councilmember Sonnier to approve a proclamation recognizing the 2026 Nederland Small Business of the Year, Heritage Express Carwash. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Jones,Sonnier, and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tern Ortiz b. A motion was made by Councilmember Jones and seconded by Councilmember Sonnier to approve a proclamation recognizing the 2026 Service Organization of the Year,Nederland Rotary. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tem Ortiz c. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to re-authorize the City of Nederland Spay and Neuter Program,with the effective 2 Minutes continued, February 2, 2026 date beginning February 9,2026. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tern Ortiz d. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Ortiz to approve Resolution 2026-02, authorizing the Nederland Police Department to participate in a Mutual-Aid Agreement with the City of Groves. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tern Ortiz e. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to approve Ordinance No. 2026-01, amending the fiscal year 2025-2026 police budget in the amount of$33,883.20 for the purchase of 9 laptops, docking stations, and vehicle mounts for patrol units. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tern Ortiz f. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to approve an amendment to Ordinance 102.26, redefining the definition of a "Bicycle." MOTION CARRIED. AYES: Mayor Darby,Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tern Ortiz g. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to approve an amendment to Ordinance 102, adding section 102.286 the offense of "Reckless Operation" to Bicycles, Motorcycles, Toy Vehicles. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tem Ortiz h. A motion was made by Councilmember Jones and seconded by Councilmember Sonnier to approve an amendment to Ordinance 102, adding section 102.144 to offense of"Reckless Operation"to Vehicles. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Jones,Sonnier,and Ortiz. NOES: None. 3 Minutes continued, February 2, 2026 ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tem Ortiz i. A motion was made by Councilmember Jones and seconded by Councilmember Sonnier to approve an amendment to Ordinance 102, adding section 102.337 the offense of"Reckless Operation"to Golf Carts. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tern Ortiz j. A motion was made by Councilmember Jones and seconded by Councilmember Sonnier to approve Resolution 2026-03, calling for an election to be held on May 2, 2026 for the purpose of electing two (2) Councilmembers — one from Ward I and one from Ward III and appointing a Clerk for Early Voting. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tem Ortiz k. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to engage the services of Richard Hughes as City Attorney. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Jones,Sonnier,and Ortiz. NOES: None. ABSENT: Councilmember Duplant ATTENDING VIA ZOOM: Mayor Pro Tem Ortiz 1. Mayor Pro Tem Ortiz, who had requested Item 5.b Departmental Reports be removed from consent agenda,noted that the sewer plant report was missing from the departmental reports and requested it be included in future reports. Interim City Manager Mills confirmed this would be addressed. During citizen comment on this item, Jolei Shipley praised the detailed Public Works report but criticized the inspections report for lacking detail, requesting information similar to what she had obtained through Public Information Act requests. Building Official George Wheeler indicated willingness to provide more detailed information and suggested a meeting to clarify requirements. Extensive discussion occurred regarding the Avenue H property situation,with citizens expressing concerns about safety and proper enforcement procedures. City Attorney Hughes noted multiple legal issues requiring investigation and committed to working with city staff to review the matter. Mayor Darby requested a follow-up report by February 23rd. 6. EXECUTIVE SESSION 4 Minutes continued, February 2, 2026 • The Interim City Manager, Bruce Mills, stated that Executive Session was not necessary. 7 . ADJOURN There being no further business Mayor Darby adjourned the meeting at 6:39 p.m. e ey P. Darby, Mayor City of Nederland, Texas ATTEST: -4711/6 1144-46,4 Jo Underwood, City Clerk City of Nederland, Texas ?V O"tOto* ;,ee � �.,� • ma, ti 5 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET i NAME TITLE PRESENT ABSENT Jeffrey P. Darby Mayor Bret Duplant Council Member-Ward I ✓ Britton Jones Council Member-Ward II I/ Randy Sonnier Council Member-Ward III ✓ Jeff Ortiz Council Member-Ward IV lvla- ZDbrn Bruce Mills Interim City Manager ✓ Joni Underwood City Clerk ✓ ifi i chaffuhrshes City Attorney - V Heather Stucker Director of Finance / Rod Carroll Police Chief / Terry Morton Fire Chief / Dannie Davis Interim Director of Public Works / / George Wheeler Building Official ✓ Jacob Pitts Inspections Adm.Secretary ✓ Molli Hall Librarian ✓ Stephanie Gaspard Human Resources Director / Toby Latiolais Parks Director / Taylor Shelton Assist.to the City Manager ✓ / i/� Je ey P.D. '.y,Mayor 1fi/u.lh tiG'5e( Joni derwood,City Clerk Date - O,/: IY C \ ,-' qi `J— ,-.4 KATE CARROLL . (,, /\^ TAX ASSESSOR-COLLECTOR / JEFFERSON COUNTY,TEXAS STA'rE OF TEXAS COUNTY OF JEFFERSON I,Kate Carroll,the Tax Assessor-Collector of Jefferson County,Texas and also, by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under oath, that this amount $3,337,332.56, represents all taxes collected for CITY OF NEDERLAND during the month of December 2025. 74 avyrie, Kate Carroll - MAILINCADDRESS.-R•P.Q..BOX 2.1-1.2-'-BEAUMONT,TEXAS.77704r2112... . PHYSICAL ADDRESS • 1149 PEARL • BEAUMONT,TEXAS 77701 PHONE:409.835.8516 • FAX:409-835-8589 RESOLUTION NO. 2026-02 A RESOLUTION OF THE CITY OF NEDERLAND,TEXAS,AUTHORIZING THE NEDERLAND POLICE DEPARTMENT TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF GROVES, MAKING FINDINGS OF FACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,The City of Nederland is committed to ensuring the safety and welfare of its residents, pedestrians, and motorists; and WHEREAS,the Nederland Police Department desires to enter into a Mutual Aid Agreement with the City of Groves; and WHEREAS,the City Council finds that the Mutual Aid Agreement will enhance public safety. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: Section 1.The City Council hereby authorizes the Nederland Police Department to enter into the Mutual Aid Agreement. Section 2.The City Council finds that the Mutual Aid Agreement is in the best interest of public safety. Section 3.This Resolution shall take effect immediately upon passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 2nd day of February 2026. Agdfi - Jeffrey P Darby, Mayor City of N-derland,Texas ATTEST: l UhLdO A WOO, "��uu,un,r Joni nderwood, City Clerk o`` •�c, y�r'��'`'%. APPROVED AS TO FORM: =G°, <<� �i40. City Attorney Mutual-Aid Agreement for Regional Law Enforcement Cooperation 1. Purpose and Authority. By their authority, the City of Groves and the City of Nederland, through their respective Police Departments (collectively, the "Members"), form a Mutual Aid Agreement (the"Agreement") to assist each other in the protection of their respective communities. The Members shall cooperate and support each other in criminal investigations, law enforcement, and training. The Members intend to extend to the deputies and officers employed by the other municipalities the authority to investigate possible crimes and to make arrests throughout the region or area covered by this Agreement. The Members may also assist the other Members in times of civil emergency. 2. Joint Efforts,the Lead Agency, and Cooperation The basic unit of cooperation between agencies under this Agreement is the joint effort. The Lead Agency shall be the agency with jurisdiction over the incident. Each agency will provide reports in a form acceptable to the Office of the District Attorney or City Prosecutor to host a prosecution or other proceedings. 3. Supervision For each joint effort, the lead agency will designate a lead deputy/officer. While a deputy/officer is engaged in the actual performance of official duties as part of the joint effort,the deputy/officer will be under the lead deputy/officer's supervision and the higher supervision of the lead deputy/officer's chain of command 4. A Deputy's/Officer's Authority and Obligations While performing duties under this Agreement, a deputy/officer may exercise all the authority and fulfill all of the obligations of a peace officer,under the law, within the jurisdictions of all agencies that are Members to this Agreement. This includes the authority to investigate possible or suspected crimes, including traffic violations, and to arrest persons throughout the region or area covered by this Agreement. A deputy's/officer's qualification for office in the deputy's/officer's home jurisdiction constitutes qualification for office with the other agencies that are Members of this Agreement, and no additional cost,bond, or compensation is required. 5. Responsibilities a. Deputies/Officers and Personnel Despite the personnel and resource commitments in section 2, each agency has the final authority and discretion in assigning its deputies/officers and other personnel or resources to a joint effort. An agency is not obligated to join each joint effort. Each agency will remain the sole employer of all its deputies/officers and employees who participate in efforts under this Agreement. Each agency alone will be responsible for all compensation,benefits, insurance, or coverage for its deputies/officers. Each agency will be responsible for the defense and indemnification of its deputies/officers and employees under its usual insurance or coverage for general liability and law-enforcement claims. A deputy's/officer's or employee's assignment to a specific joint effort, or performance of duties, under this Agreement, will not constitute service to another agency to make the assigned deputy/officer or employee a borrowed servant of another agency. Each agency's deputies/officers and employees will not become,nor act,as the employees, agents,or representatives of another agency. The jurisdictions and agencies will not be joint or co- employed. Each agency alone is responsible for its deputies'/officers' fitness for duty and for taking all acts necessary to maintain its deputies'/officers' licenses and appointments,including training, continuing education, and firearms qualification. Each agency alone is responsible for ensuring that its deputies/officers meet its physical-fitness policies.Each agency alone is responsible for its deputies'/officers' discipline. b. Vehicles and Equipment Each agency has the fmal authority and discretion in assigning its vehicles, equipment,and other resources to a joint effort under this Agreement. Each agency will be responsible for all costs associated with its vehicles and other equipment used in joint efforts,including fuel and maintenance. Each agency alone is responsible for the safekeeping, care, and maintenance of its vehicles and equipment, as well as protecting them with insurance or warranty coverage. c. Expenses Each agency will bear all expenses and costs of providing its deputies,vehicles,equipment, supplies, and resources for joint efforts under this Agreement d. Citations and Cite-and-Release Programs Each agency will follow state law and its own agency's policies and procedures with respect to any decision to issue a citation in lieu of an arrest. An agency may permit the deputies/officers it assigns to a specific joint effort to follow the policy of the lead agency on the effort in this regard. 8. Policies Deputies/officers of Member agencies shall follow their agency's policies and procedures. 9. Video and Audio Recordings Any video or audio recording,such as a recording made by a body-worn camera,in-vehicle camera,or other recording device,will remain the sole property of the agency that owns the camera or recording device. Each agency's policy will require deputies/officers to record all traffic stops, including traffic violations, CMVE stops, stranded-motorist assistance,and vehicle pursuits,and to retain all recordings as potential evidence for a reasonable time and in accordance with applicable law. See, e.g., Occupation Code, § 1701.660. The agencies will confer about the handling and public release, if any, of a recording or related information that is, or may be, relevant to a joint effort or incident under this Agreement. See, e.g.,Occupation. Code, §§ 1701.661-1701.663; Gov't Code, chapter 552(Public Information Act); Code of Crim. Proc., art. 2.139 (recordings of arrests for intoxication offenses). The agency owning the recording will provide to the supervisors, deputies, county officials, attorneys, and experts of other Member agencies under this Agreement with reasonable viewing of any relevant recording.The agency that owns a recording will have the final authority regarding a decision to release the recording. 10. Press and Social Media The agencies will reasonably cooperate in communicating with the press, issuing press releases, and using social media. 11. Civil Liability a. Duties and Risks Each jurisdiction and agency will be responsible for its own defense and liability—and for those of its Chiefs and Marshals,supervisors,deputies,officers,and other employees—in the event of any claim, dispute, or lawsuit related to a joint effort under this Agreement. If a deputy/officer is a named defendant or other party to a claim or lawsuit related to a joint effort under this Agreement or the deputy's/officer's acts or omissions as part of a joint effort, then the deputy/officer is entitled to the same defense, indemnification, and other services and benefits to which the deputy/officer would be entitled had the claim or lawsuit arisen out of the deputy's/officer's acts or omissions in the deputy's/officer's home jurisdiction in the absence of this Agreement. The agency that assigns a deputy, officer, or other employee to participate in a joint effort under this Agreement will remain solely responsible and liable for the deputy, officer, or employee's actions, omissions, and violations of the law, including violations of statutes, civil rights, and the Tort Claims Act, Civil Practice &Remedies Code, chapter 101. The assigning agency will also be solely responsible and liable for the deputy, officer, or employee's health and safety and for providing workers' compensation, disability, or similar coverage or insurance for the deputy/officer or employee. A Member(including its agency)will not bring a claim or lawsuit against another Member (including its agency) for any type of damage or injury to its personnel or property related to a joint effort under this Agreement. In the event that a Member brings an action against another Member in violation of this paragraph and a court or other authority determines that the Member is liable for any type of damage or injury to another Member's personnel or property related to a joint effort,then the Member who is the beneficiary of the determination,agrees to indemnify,and hold harmless,the other Member(s)for the type and amount of liability determined.This paragraph does not prevent a city from fully litigating the question of proportionate responsibility or liability, especially as it may arise in the proceedings on a claim by a person who is not a party to this Agreement. A Member will not request reimbursement from another Member for compensation or other benefits paid to the county's deputies, officers, or employees, including under Tex. Local Gov't Code § 362.003(c). Nonetheless, if a Member provides another Member with emergency assistance under Tex. Local Gov't Code § 362.002(a), then the Member may request reimbursement from the other under section Texas Local Gov't Code § 362.003(c). "Person" means all legal entities, including an individual, corporation, or other artificial entity, state or federal government, a governmental department or agency, or a political subdivision. "Claim or lawsuit" means any type of claim, including a demand, dispute, or claim in a lawsuit, arbitration, or other proceeding. "Any type of damage or injury" means all types of damages and injuries, regardless of nature, including property damage,personal injury, civil-rights violation, economic loss, and loss or infringement of privacy, intellectual-property, or contract rights. In the context of a duty to be responsible for liability or to indemnify or hold harmless, "damage" and "liability" also include attorneys' fees and costs, including expert and other litigation costs. The terms "acts or omissions" should be interpreted broadly to include all manner of actionable conduct, including intentional acts or omissions, gross negligence, negligence, inadvertence, and other acts or omissions sufficient for liability. Phrases like "claim," "any type of damage," "any type of injury," and "related to" do not require a determination before a related duty applies or is triggered and should be interpreted broadly as if they read "alleged claim," any type of "alleged damage" or "alleged injury," or "allegedly related to, or arising out of, in whole or in part." b. Cooperation Each Member will reasonably cooperate with the other Members in defending a claim or lawsuit, including providing access to, and copies of, documents or data, evidence, reports, or recordings, and access to witnesses or other persons with discoverable knowledge, such as deputies, officers, employees, or other persons under the Member's supervision or control. The agencies will also enter into a joint defense agreement where appropriate to protect confidential information. No Member waives any immunity, heightened liability requirement, liability limit, or liability cap available under any law or statute,including the Texas Tort Claims Act,Civil Practice &Remedies Code, chapter 101, or other,applicable state or federal law. c. Limitation of Extraordinary Remedies Each Member is entitled only to its benefit of the bargain under this Agreement. The Members are not liable to each other for consequential, incidental, indirect, special, punitive, or exemplary damage or damage that arises from special circumstances. This provision does not affect either party's rights to a defense or indemnification, or any other amount under section 11. 12. Records Each Member will maintain the required records for its participation in activities under this Agreement, including reports required for motor-vehicle stops, see Code of Crim. Proc., art. 2.133-2.135,2.139, and incident-based crime statistics,see Gov't Code, § 411.054. The Members will reasonably cooperate on exchanging information or keeping joint records of their activities under this Agreement. A Member will reasonably cooperate with the others in responding to audits. 13. New Members Upon written approval by the then-current Members to this Agreement, a new county and/or city and its agency may join the mutual aid created by this Agreement by a resolution or order of its governing body, within the meaning of section Tex. Local Gov't Code § 362.002(b), which agrees to the terms of this Agreement in a form substantially similar to that in Exhibit"A," including execution by an authorized representative of the new county or city. 14. Other a. Term This Agreement shall become effective on the date when the second party executes the Agreement. The Agreement's first term will end on November 1, 2026, and will automatically renew for successive two-year terms every two (2) years thereafter on November 1 of the applicable year),unless otherwise terminated or notice of nonrenewal is provided by any Member. b. Withdrawal and Termination A Member may withdraw or terminate their participation in this Agreement for any reason by providing the other parties with thirty (30) days' written notice. Withdrawal or termination of this Agreement does not affect a withdrawing Member's obligations to be the employer of its own deputies/officers and personnel,to be responsible for its own expenses, or to be responsible for its obligations under section 11. For so long as at least two (2) cities and/or counties are Members of this Agreement,this Agreement will remain effective between those Members. c. Notice, Opportunity to Cure,Alternative Dispute Resolution If a Member believes that another Member has not complied with a duty under this Agreement or has a dispute related to a joint effort, then the Member will notify the other Member(s) in writing of the default and/or dispute, and the parties will attempt to resolve the dispute. The parties agree that they shall provide a reasonable time for such attempted informal resolution, as reasonably determined under the circumstances. Before a Member may file a claim or lawsuit, the Members must meet in person in an informal conference to attempt to resolve the dispute(s). If the parties are unable to resolve the dispute(s), the Members will submit the dispute(s) to mediation as set out in section Tex. Civ. Practice &Rem. Code §154.023. Information exchanged and communicated will be confidential under sections Tex. Civ. Practice &Rem. Code §§ 154.053 and 154.073 and Tex. and Tex. Gov't Code § 2009.054. This section does not affect a Member's right to file a claim in a lawsuit or proceeding initiated by a person who is not a party to this Agreement. If a Member files a claim in contravention of this section, a court or other authority may stay the case or proceeding to permit the Members to comply with this provision. d. Notices A party may send a written notice under this Agreement by email or U.S. Postal Service, Certified Mail,to: Marshal Christopher Robin Chief Rod Carroll City of Groves City of Nederland 4201 Main Ave 1400 Boston Ave Groves, Texas 77619 Nederland,Texas 77627 409.962.0244 409.723.1525 A party may change the address or individual for notice by providing such change to the other Members,which will be effective three (3) days after such notice. e. Interpretation In general,this Agreement should be interpreted: (a)to extend to the deputies/officers from each Member the authority to enforce all applicable laws in all cities who are Members of this Agreement, including the authority to investigate possible or suspected crimes and to arrest persons; (b) so that each Member is responsible for its own chiefs, officers, deputies, and other employees and agents, as well as its own vehicles, equipment, and resources, including, being responsible for paying all of their compensation of whatever nature and for being responsible for any liability arising from their conduct; and (c) so that the Members share the costs and benefits of joint efforts equitably throughout the term of this Agreement. If any part of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such determination shall not affect any other provision of this Agreement, and this Agreement shall then be construed as if the invalid, illegal, or unenforceable provision had not 3 _. been included in this Agreement. Further, the failure of either party in any one or more instances to insist upon strict performance of any of the terms and provisions of this Agreement or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms, provisions, or options on any future occasion f. Governing Law This Agreement is governed by and is to be construed and enforced in accordance with the laws of the State of Texas and of the United States.The parties agree and consent to the jurisdiction of and venue in the District Courts of Jefferson County, Texas, and of the United States District Court for the Eastern District of Texas, and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions among the parties with respect to the subject matter hereof. g. Entirety This Agreement constitutes the full and complete Agreement of the parties, and all other prior and/or contemporaneous Agreements between the parties have been merged herein. Any future amendment of this Agreement shall be in writing and shall require the written consent of both parties. h. Headings. All section headings or other titles used in this Agreement are used solely for convenience and shall not affect or be used in connection with the interpretation or construction of this Agreement. i. Amendments_This Agreement may be changed or modified at the request of a Member, provided all parties agree to the requested change, and a written amendment or modification of this Agreement is prepared and executed by the parties. j. Assignment: A Member may not assign or transfer its interest in this Agreement without the written consent of the other Members. 15. Definitions a. Each city's authority under chapter 362 of the Local Government Code refers to the authority to form a mutual-aid law-enforcement task force under section Tex. Local Gov't Code §362.002(b). Where the conditions for an emergency are met, the cities also intend to draw on their authority under section 362.002(a). See Tex. Att'y Gen. Op. No. JC-0532, at 1 (2002) (concluding that subsections (a) and (b) operate independently). b. References to Codes, such as the Local Government Code, Code of Criminal Procedure, Civil Practice & Remedies Code, Government Code, Occupations Code, and Penal Code, are to these Texas Codes. c. Deputy,law-enforcement officer, or officer means a licensed peace officer under article 2.12 of the Code of Criminal Procedure or section 362.001(2) of the Local Government Code, including a deputy, city police officer, and city marshal. Generally, the parties expect • deputies or officers who hold a permanent peace officer's license to participate in joint efforts under this Agreement.But a city or county may assign a deputy/officer who holds another license or who serves under an appointment as a reserve deputy/officer under Tex. Local Gov't Code § 85.004. d. The phrase "all tasks related to a joint effort" includes training, making appropriate reports to TCOLE, investigating possible crimes, conducting surveillance, applying for warrants,conducting searches,issuing citations,arresting persons,seizing vehicles or property, taking custody of arrested persons and observing their rights,handling seized vehicles or property, preparing reports, keeping records, handling evidence, providing testimony or evidence, cooperating in prosecutions or other proceedings, and cooperating in audits or reviews. f. The phrase "cooperate in taking custody of arrested persons and meeting the legal obligations for presenting the person before a magistrate" means taking custody of arrested persons and meeting the obligations set out in provisions like articles 14.03(d), 14.03(g)(3), 14.06, 15.06, 15.08, 15.16-15.20 of the Code of Criminal Procedure and Tex. Local Gov't Code § 362.002(c). g. The phrase "exercise all of the authority and fulfill all of the obligations of a peace officer"includes (i)preserving the peace,preventing or suppressing crime,and summoning aid,(ii) enforcing all laws applicable to or in the cities,including chapter 644 of the Transportation Code, (iii) investigating suspected or possible crimes, including traffic violations, (iv)pursuing persons and vehicles, (v) stopping and searching persons, vehicles, trailers, containers, and other property with and without warrants, (vi) issuing citations, including citations for traffic violations, (vii) conducting surveillance, (viii) applying for warrants, (ix) serving or executing warrants, writs, or other processes, (x) arresting persons, (xi)using force, (xii) seizing vehicles or other property, (xiii)initiating or participating in forfeiture proceedings, and (xiv) assisting in the prosecution of criminal cases, forfeiture proceedings, or other proceedings. See Code of Criminal Procedure; Tex. Local Gov't Code, § 85.004(d); Penal Code, chapter 9; Transportation Code,title 7,subtitle C(rules of the road),and subtitle F(commercial motor vehicles);37 Tex.Admin. Code, Part 1, chapter 4 (commercial vehicle regulations); Occupations Code, chapter 1701; Tex. Civ. Practice &Rem. Code, chapters 34 and 61-66; and the Texas Rules of Civil Procedure. h. The phrase "all compensation, benefits, and insurance or coverage" means all forms of compensation, including employment-related benefits or rights under the FLSA or civil- service rules, if any, including salary, overtime, and other benefits; pension contributions or payments; workers compensation payments or benefits; disability payments; medical-expense payments; uniform, firearm, and equipment allowances; insurance or other coverage to its employees and deputies; and all forms of vacation or leave time, including paid time off, compensatory time, and FMLA leave. The clause is designed to meet the requirements of Tex. Gov't Code §362.002(b), and includes all rights and benefits set out in section Tex. Gov't Code §362.003(b). i. Lead Agency is the agency with the primary responsibility and authority for a specific joint effort. The agencies that are Members of a joint effort will designate the lead agency for the joint effort. j. Host Agency is the agency that,in the absence of this Agreement,would have state- law authority over the city or county where a specific event, such as a traffic stop, a search, an arrest,or a seizure,occurs.Also,one city may be the Lead Agency in aparticular joint effort,while another agency is the Host Agency with respect to a particular event. k. Home Agency is the agency that regularly employs a particular deputy/officer and carries the deputy's/officer's regular appointment or commission under section Tex. Local Gov't Code §85.003.If a deputy/officer has a regular appointment under Tex.Local Gov't Code §85.003 in one jurisdiction and a reserve appointment under Tex. Local Gov't Code §85.004 in another jurisdiction; then, the deputy's or officer's home agency is the one that carries the deputy's or officer's regular appointment. 1. Region and area mean the geographic or jurisdictional area in which a deputy or officer may exercise the authority set out in section 4 of this Agreement, as "region" is used in Tex. Local Gov't Code §362.002(b) and as "area" is used in Tex. Gov't Code §362.002(c). m. TCOLE means the Texas Commission on Law Enforcement under Chapter 1701 of the Occupations Code. n. The phrase"any decision to issue a citation in lieu of an arrest"refers to citation options set out in statutes, such as article 14.06(b), (c), and(d) of the Code of Criminal Procedure. In light of House Bill 2391, 80th Texas Legislature,R.S. (2007),which amended article 14.06. o. Vehicles and equipment mean the motor vehicles and other equipment used by the agency in the performance of its duties. Vehicles and equipment may include, without limitation, SUVs, sedans, motorcycles, canines, density meters, automated license-plate readers, crime-scene reconstruction or analysis equipment, equipment for rapid DNA analysis, gun scanners, and UASs (unmanned aerial systems) or drones. AGREED TO: CITY OF Nederland A , . 2,71,V6' Mayor Jeffr/P. Darby Date 207 N. 12th St Nederland, TX 77627 Ordinance#2026-1 AN ORDINANCE OF THE CITY OF NEDERLAND,TEXAS,ADOPTING A BUDGET AMENDMENT TO THE ORIGINAL OPERATING BUDGET OF THE CITY OF NEDERLAND,TEXAS,FOR THE FISCAL YEAR 2025/2026; PROVIDING FOR SUPPLEMENTAL APPROPRIATION AND/OR TRANSFER OF CERTAIN FUNDS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR EFFECTIVE DATE. WHEREAS,by Ordinance 2026-1,the City Council of the City of Nederland,Texas adopted its budget for FY 2025/2026;and WHEREAS,the City Council has determined the budgeted revenues and expenses for the Nederland Police Department require amendment after a review of budgetary activities for the fiscal year;and Whereas,section 102.010 of the Texas Local Government Code allows the City Council to make changes to the budget for municipal purposes;and Whereas,the City Council desires to amend Ordinance 2026-1 to reflect a supplemental appropriation and/or transfer in the fiscal year 2025/2026. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1:The original Police Department operating budget for FY 2025/2026 for the City of Nederland,Texas,is hereby amended as follows: Add: $33,883.20 to the Nederland Police Department for the purchase of 9 laptops,9 docking stations,9 Mounts for Docking stations. #01-2100-6262 Supplies/Minor Tools&Equipment Section 2:In event any clause,phrase,provision,sentence,or part of this ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by court of competent jurisdiction,it shall not affect,impair,or invalidate this ordinance as a whole or any part of the provision hereof other than the part declared to be invalid or unconstitutional;and the City of Nederland, Texas,declares that it would have passed each and every part of the same notwithstanding the omission of any such thus declared to be invalid or unconstitutional,whether there be one or more parts. Section 3:This Ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED and APPROVED on this 2nd day of February,2026. APRROVED: Alf /1/ x'Alf 77 Jeff Darby,Mayor ATTEST: Joni Underwood,City Secretary ' y :f A c�, ` - 'sl ice'= 5 fiv%l: APPROVED AS TO FORM AND LEGALITY �'i ° '`:" City Attorney AN AMENDMENT TO ORDINANCE NO. 102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 102 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, REDEFINING THE DEFINITION OF A BICYCLE, ADDING UNLAWFUL OPERATION OF A BICYCLE, AND PROVIDING A PENALTY. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City; and WHEREAS, the City Council of the City of Nederland originally approved an amendment to Ordinance 102 on August 29, 1955; the City Council proposes to add Reckless Operation of a Bicycle and WHEREAS,the Nederland Police Department received a request to address the operation of Bicycles within the City of Nederland NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Ordinance No. 102,ARTICLE II, General Traffic Regulations, is amended as follows: SECTION I. DIVISION I, Generally, Sec. 102-26,"Definitions"is amended by deleting the existing definition of "Bicycle"and providing a new definition in its place, so, as amended, the definition of Bicycle now reads: "Bicycle means every device having two tandem wheels upon which any person may ride and which is propelled by human power and may be assisted by electric, battery and/or gas power." SECTION II. DIVISION 14. BICYCLES; MOTORCYCLES;TOY VEHICLES, is amended as follows: 1. Sec. 102-271, "Applicability", paragraph (b) is amended by deleting the existing language and providing new language in its place, so, as amended, paragraph (b) now reads: "(b) No parent, guardian or other adult person having care, control, or supervision of a person under the age of seventeen (17) shall knowingly, Intentionally, recklessly, or with criminal negligence allow such person to violate any of the provisions of this Division." 2. Sec. 102-271, paragraph (c) is amended by deleting the existing language and providing new language in its place, so, as amended, paragraph (c) now reads: "(c) A person shall not operate a bicycle in a manner that constitutes a wanton disregard for the safety of persons or property on a public roadway, street, highway, path set aside for the exclusive use of bicycles, public place or area of public access, including a parking area provided for clients and/or patrons of a business." SECTION 3. PENALTY Any person who intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this ordinance commits a misdemeanor and, upon conviction, thereof, be fined as provided in Sec. 102-322, Nederland Code of Ordinance. SECTION 4. EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,Texas this the 2nd day of February, 2026. 4/(e/r/e/th,,A ayor City of Ne Texas ATTEST: //,,..__dJJ--nnAPA • l�/� /d11C/ Joni Underwood, City Clerk City of Nederland,Texas APPROVED AS TO FORM: City Attorney ••;- City of Nederland,Texas AN AMENDMENT TO ORDINANCE NO. 102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 102 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, ADDING WANTON OPERATION OF A MOTOR VEHICLE IN PUBLIC AREAS, AND PROVIDING A PENALTY. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City; and WHEREAS, the City Council of the City of Nederland originally approved an amendment to Ordinance 102 on August 29, 1955; the City Council proposes to add Reckless Operation of a Motor Vehicle and WHEREAS,the Nederland Police Department received a request to address the operation of Motor Vehicles in public areas within the City of Nederland N, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: SECTION 1. ARTICLE II. GENERALLY, Division 7 — Operation of Vehicles, Sec. 102 is amended by adding a new Sec. 144 (a) as follows: "Sec. 102-144-Vehicles. (a) A person commits an offense if the person operates a motor vehicle in wanton disregard for the safety of persons or property on a public roadway, public place or area of public access, including a parking area provided for clients and patrons of a business." SECTION 2. PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor and shall on conviction be fined as provided in Sec. 102-323, Nederland Code of Ordinances. The terms "intentionally", "knowingly", "recklessly" and "criminal negligence" shall have the meanings set forth in V.T.C.A.,Tex. Penal Code, Sec. 6.03. SECTION 3. EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,Texas this the 2nd day of February, 2026. 3 1frey P. D- by, Mayor City of Nederland,Texas ATTEST: Joni U&derwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM: City Attorney City of Nederland,Texas Resolucion 2026-03 RESOLUCION DEL CONSEJO MUNICIPAL DE LA CIUDAD IDE NEDERLAND, TEXAS, QUE CONVOCA UNA ELECCION GENERAL EL SABADO 2 DE MAYO DE 2026;QUE DESIGNA EL LUGAR IDE VOTACION; QUE DISPONE OTROS ASUNTOS RELATIVOS A LA ELECCION GENERAL,Y QUE HALLA Y DETERMINA QUE LA ASAMBLEA EN LA CUAL SE APRUEBA ESTA RESOLUCION ESTA ABIERTA AL PUBLICO COMO LO EXIGE LA LEY. EN VISTA DE QUE las Jeyes del Estado de Texas y la Carta Organica de la Ciudad de Nederland disponen que el 2 de mayo de 2026 se deberan elegir los siguientes funcionarios para esta Ciudad: Un(1)Concejal,Distrito I Un(1)Concejal,Distrito III EN VISTA DE QUE las leyes del Estado de Texas y la Carta Organica de la Ciudad de Nederland disponen asimismo que el Codigo Electoral del Estado de Texas se aplica a dicha eleccion y, a fin de cumplir con el mencionado Codigo, se deberfa aprobar una resoluciOn que establezca el procedimiento a seguir en dicha eleccion y que designe el lugar de votacion para ella. AHORA, POR LO TANTO, EL CONSEJO MUNICIPAL DE LA CIUDAD DE NEDERLAND,TEXAS,RESUELVE Y ORDENA: Que todos los candidatos independientes de la elecciOn que se Ilevara a cabo el primer sabado de mayo de 2026 para los cargos mencionados anteriormente presenten la solicitud para que se coloque su nombre en la boleta de votacion ante el Secretario de la Ciudad en el City Hall de Nederland, 207 N. 12th Street, Nederland,Texas, ni luego del septuagesimo octavo(78)dfa previo a la elecciOn ni antes del trigesimo (30) dfa previo a la fecha limite de presentacion de acuerdo con las Secciones 143.006 y 143.007 del Codigo Electoral. La primera fecha para que un candidato presente una solicitud de este tipo sera el 14 de enero de 2026,y el Ultimo dia para la presentacion sera el 13 de febrero de 2026 a las 5:00 p.m. La totalidad de dichas solicitudes debera toner la forma prescrita por la Seccion 141.031 del Codigo Electoral. El orden en que los nombres de los candidatos se han de imprimir en la boleta se determinara mediante un sorteo que realizara el Secretario de la Ciudad,segrin lo dispuesto por la Seccion 52.094 del Codigo Electoral. En el caso que la Ciudad de Nederland sea la unica entidad conduciendo elecciones el 2 de mayo 2026,la votacion cera ubicada en City Office Building,207 N 12th Street,Nederland, Texas.Si otras entidades estaran conduciendo elecciones el 2 de mayo 2026,el lugar de votation sera ubicado en Marion and Ed Hughes Public Library,2712 Nederland Avenue, Nederland,Texas.Por la presente,se autoriza a instruye al Secretario de la Ciudad a proporcionar y entregar todos los suministros electorales necesarios para Ilevar a cabo dicha eleccion. Linda Sherman se desempenara como Jueza Presidente y Ron Sherman se desempenara como Juez Presidente Alterno,y la Jueza Presidente designara a los funcionarios de la eleccion en una cantidad que no supere los siete(7). Las casillas de votacion en el lugar de votacion designado anteriormente estaran abiertas de 7:00 a.m.a 7:00 p.m.dicho Dia de ElecciOn. Por la presente,se designa Oficial de Votacion Anticipada a Joni Underwood,en el caso que solo la Ciudad de Nederland estara conduciendo elecciones el 2 de mayo 2026.En el caso que otras entidades estaran conduciendo eleciones el 2 de mayo 2026,por to presente se designa Oficial de Votacion Anticipada a Roxanne Acosta-Hellberg.La Votacion Anticipada mencionada anteriormente se realizara en Nederland City Office Building,207 N.12th Street, Nederland, Texas,o en Marion and Ed Hughes Public Library,2712 Nederland Avenue,Nederland,Texas,si otras entidades estaran coduciendo eleciones.El dicho lugar de votacion anticipada permanecera abierto durante al menos nueve(9)horas cada dia de la votacion anticipada que no sea sabado,domingo ni dia feriado official del estado,a partir del decimo Segundo(12.)dia hasta el cuarto(4.)dia anteriores a la fecha dedicha eleccion. Dicho lugar de votacion se mantendra abierto en el horario de 8:00 a.m.a 5:00 p.m.los primeros cinco dias y 7:00 a.m.a 7:00 p.m.en los dos ultimos dias de dicha Votacion Anticipada. El lugar especificado anteriormente para la votacion anticipada tambien es la direcciOn del Oficial de Votacion a la cual se pueden enviar las solicitudes de boleta de votacion y las boletas de votacion por correo. La direccion de envoi para Joni Underwood,Oficial de Votacion Anticipada es P 0 Box 967, Nederland,TX 77627. Direccion de envoi para Roxanne Acosta-Hellberg,Oficial de Votacion Anticipada es P 0 Box 1151, Beaumont,TX 77704-1151. El Consejo de Boletas'de VotaciOn Anticipada sera creado Begun to dispuesto por la Sec. 87.001.del Cddlgo Electoral. Por media del presente se designa a Linda Sherman coma Jueza Presidente del Consejo de Boletas de VotaciOn Anticipada y se la autoriza a designer a dos.(2) funcionarios para que se desempefien en of Consejo. Por media del presente se designs a Joni Underwood para que se desempene comp Juez Presidente de la Estacldn Central de Conte° segrin lo dispuesto en Ia Seccidn-127.005 del Codigo Electoral. Dicha eleccian se Revere a cabo de acuerdo con el Cddigo Electoral del Estado,y solamente los votantes habilitados resldentes de dicha Ciudad sera.elegibles para voter en dicha elecclon. Tadas las boletas de votaclon saran preparadas de acuerdo con el Cddigo Electoral de Texas, Se usaran boletas de pepel pare Ia yotaci6n anticipada por correo y coma boletas de votacion provlsfonales. El ExpessVote BMD con escaner DS200 se utilizara para la votacien anticipada en persona y la votacidn et Dra de Eieccidn. Por la presente,el Consejo Municipal adopts para us°en Is votacidn anticipada y la vatacion el Dfa de Ia Eleccidn el ExpessVote BMD con escaner DS200 conforme lo aprob6 la Secretarfa del Estado. Por Ia presente,se autorizan todos los gastos necesarios para la realizacidn de Id.eleccidn,la compra de.meteriales pare ella y el emplee de todos los funcionerios electorales. El Alcalde darn avlso de este eleccidn de acuerdo con los tamrinos y las disposlclones de las Secclones 4.004,83.010,85.004 y 85.007 del Cddigo Electoral,y todas las drdenes y escritos necesarios pare dicha elecclen serer) emitidos par la autaridad pertlnente. Los resultados de dicha eleccidn saran entregados al Consejo Municipal Inmediatamente despuds del dare de las caslllas electorates. Se halla y determine edemas que;de acuerdo con la order de este organo de gobtemo, la Secretaria de la Ciudad palace on aviso escrito con la fechar el lugar y el asunto de esta asamblea en el fabler°de boletines del City Hall,un Iugar conveniente y fnclimente accesibte para el publico general,y dicho aviso fue colocado y pernanecid colocado por at mens 72 hares continues con anterloridad al horario de dicha asamblea. ACEPTADA,APROBADA Y ADOPTADA este rife 2 de febrero de 2026. • L . a: Alcaide /v/ Ciudad de N-derland,Texas Bret Duplant, • ,;Fdet Dlstritod Britton Jones,Co�I Distrito II (3eZ ndy Senn' ,Concejal del to ill Je Ortiz,Concept del Distrito IV ATESITTII�GUUA,:, (i J� h- , CYN-Li e/i4k4 .���°:;ua•P�unr�, Joni.Un erwood,Sear steno de la Ciudad .'t:,'' Ciudad 6 Nederland,.Texas Ja y APROBADA EN CUANTO A SU FORMA: Abogado de la iu tad %,,,OFrrs,,''^ Ciudad de Nederland,Texas RESOLUTION 2026-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 2, 2026; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THE GENERAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland provide that on May 2,2026 there shall be elected the following officials for this City: One(1)Council member,Ward I One(1)Council member,Ward Ill WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland further provide that the Election Code of the State of Texas is applicable to said election,and in order to comply with said Code, a resolution should be passed establishing the procedure to be followed in said election,and designating the voting place for said election. NOW,THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: That all independent candidates at the election to be held on the first Saturday in May, 2026,for the above-mentioned offices file their application to have their name placed on the ballot with the City Clerk at City Hall,207 N. 12th Street, Nederland,Texas, not later than the seventy- eighth (78th) days before the election or earlier than the 30th day before the date of the filing deadline in accordance with Election Code Sec. 143.006 and 143.007. The earliest date for a candidate to file same will be January 14, 2026,with the last day for filing to be February 13, 2026 at 5:00 p.m. All of said applications shall be on a form as prescribed by Section 141.031 of the Election Code. The order in which names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk as provided by Section 52.094 of the Election Code. If the City of Nederland is the only entity in the May 2,2026 election,the polling place will be located in the City Office Building, 207 N. 12th Street, Nederland, Texas. If there are other entities involved in the May 2, 2026 election,the polling place will be located at the Marion and Ed Hughes Public Library,2712 Nederland Avenue, Nederland,Texas. The City Clerk is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. Linda Sherman will serve as Presiding Judge and Ron Sherman will serve as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed seven(7). The polls at the above designated polling place shall on said Election Day be open from 7:00 a.m.to 7:00 p.m. Joni Underwood is hereby appointed Clerk for Early Voting if only one entity is involved in the May 2,2026 election. Roxanne Acosta-Hellberg is hereby appointed Clerk for Early Voting if more than one entity is involved in the May 2, 2026 election. The Early Voting for the above designated election shall be at the Nederland City Office Building,207 N. 12th Street,Nederland, Texas,or the Marion and Ed Hughes Public Library,2712 Nederland Avenue,Nederland,Texas, and said place of Early Voting shall remain open for at least nine(9)hours on each day for Early Voting which is not a Saturday,Sunday,or an official State holiday,beginning on the twelfth(12th) day and continuing through the fourth(4th)day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m.and 5:00 p.m.on the first five days and 7:00 a.m.and 7:00 p.m.on the last two days for said Early Voting. The above described place for Early Voting is also the Early Voting Clerk's address.to which ballot applications and ballots voted by mail may be sent. The mailing address for Joni Underwood, Early Voting Clerk is P 0 Box 967, Nederland, TX 77627. The mailing address for Roxanne Acosta-Hellberg, Early Voting Clerk is P O Box 1151,Beaumont,TX 77704-1151. The Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. Linda Sherman is hereby appointed as the Presiding Judge for the Early Voting Ballot Board and is authorized to appoint two (2) clerks to serve on the Board. The Central Counting Station staff will be provided by Jefferson County Elections. Said election shall be held in accordance with the Election Code of the State, and only resident qualified voters of said City shall be eligible to vote at said election. All ballots shall be prepared in accordance with Texas Election Code. Paper ballots shall he used for early voting by mail and for'provisional ballots. The ExpressVote BMD with DS200 Scanner shall be used for early voting by personal appearance and voting on Election Day. The City.Council hereby adopts for use in.'early voting and Election Day voting the ExpressVote BMD with DS200 Scanner as approved by the Secretary of State. All expenditures necessaryfor the conduct of the election,the purchase of materials therefore,and the employment of all election officials is hereby authorized. The Mayor shall give notice of this election in accordance With the terms and provisions of Sections 4.004,83.010,85.004,and 85.007 of the Election code,and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council Immediately after the closing of the polls. It is further found and determined that in accordance with the,order of this governing body,the City Clerk posted written notice.of the date,place and subject of this meeting on the bulletin board located in the City Hall,a place convenient and readily accessible to the general public,and said notice having been'posted and remaining posted continuously for at least 72 hours preceding the.scheduled time of said meeting. PASSED,APPROVED AND ADOPTED this 2n°day of February,2026. Je y-.Darb;Mayor City of Nederland,Texas :ret Duplant,W-r—Codncllmember Britton ones,Ward II C uncilmember ndy Sonnrer,Ward IIIfmber J'Ortlz,Ward IVCounclimember ATTEST: N64/1 Joni derwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM: City Attorney • '?Y-' % City of Nederland,Texas ' ? ;�,I_•`-4, i;':J