June 8, 2026 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
5:30 p.m. June 8,2026
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.
2. INVOCATION AND PLEDGES OF ALLEGIANCE
The invocation and Pledges of Allegiance were led by Mayor Pro Tern Sonnier:
3. CITIZEN COMMENTS
There were no citizen comments received.
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.
A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Jones to
approve the Consent Agenda Items "a through b" as presented. MOTION CARRIED.
AYES: Mayor Darby,Councilmembers Stratton,Jones,Sonnier,and Ortiz.
NOES: None.
a. Minutes—May 18, 2026 regular meeting
b. Approve the closure of Avenue H_between 23rd Street and 25th Street on July 4th for the.
July 4th Firework celebration.
5. REGULAR AGENDA
NEW BUSINESS
a. Diana LaBorde, Chamber President, presented the quarterly hotel occupancy tax fund
financial report from the Nederland Chamber of Commerce. Council members engaged in
extensive discussion about delinquent hotel occupancy tax payments, particularly from
Candlewood Suites. City'Attorney Richard Hughes stated that the matter had been
previously investigated by interim city managers and that he had been advised there was
no viable action to be taken, but indicated he would look into this matter again.
A motion was made by Councilmember Stratton and seconded by Councilmember Ortiz to
approve the quarterly Hotel- Occupancy Tax Fund financial report,from the Nederland
Chamber of Commerce. MOTION CARRIED.
AYES: Mayor Darby,Councilmembers Stratton,Jones,Sonnier,and Ortiz.
Minutes continued, June 8, 2026
NOES: None.
b. A motion was made by Councilmember Stratton to rescind the approval of a city hall
generator replacement purchase that had been approved on May 11, 2026. No
Councilmember seconded the motion. The motion failed for lack of a second.
c. City Manager Manny De La Rosa stated that since no action was taken on Item 5.b
(rescinding the generator purchase), it was not necessary to move to Item 5.c (approving
the purchase of the City Hall generator replacement).
d. City Manager De La Rosa requested that Item 5.d, Appointing Members to Construction
Board of Appeals, be tabled until either the next meeting or the first meeting in July. He
explained that he had met with Ms. Underwood, who had applicants for the board, and that
he had met with Jacob Pitts, Chief Building Official,to review the applicants and vet their
qualifications against the requirements of the International Code Council.
City Manager De La Rosa explained that there are minimal experience requirements to
serve on this board. The item was tabled to the June 22nd or July 13th meeting and
confirmed that current board members would continue to serve until their successors were
appointed.
e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Ortiz to
approve Resolution 2026-08, Amending the City's Purchasing Policy to Formally Adopt
Federal Procurement Standards. Mayor Darby made an amendment to the motion to
insert the word "Title" before the numeral "2" in the next to bottom line of Section Sl. "A
motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Ortiz to
approve.Resolution 2026-08 as amended. MOTION CARRIED.
AYES: Mayor Darby,Councilmembers Stratton,Jones, Sonnier,and Ortiz.
NOES: None.
f. Toby Latiolais, Parks Director, presented a proposal to reclassify a vacant maintenance
position in the Parks Department to a Lead.Parks and Recreation Maintenance position.
He explained that the department currently has three maintenance positions, one of which
is vacant, and that he was requesting to reclassify the vacant position to provide leadership
for the maintenance crew. Mr. Latiolais stated this crew will maintain park properties as
well as other city properties, including some areas that had previously been contracted out
such as Canal Street. He will be requesting a slope mower in the next budget year to take
on additional projects.
The Council voted to approve the reclassifying of the vacant "maintenance" position in
Parks Department to "Lead, Parks & Recreation Maintenance" position. MOTION
CARRIED.
AYES: Mayor Darby,Councilmembers Stratton,Jones,Sonnier, and Ortiz.,
NOES: None.
2
Minutes continued, June 8, 2026
6. EXECUTIVE SESSION
The regular meeting was recessed at 6:07 p.m. by Mayor Darby for the purpose of
conducting an Executive Session as authorized by Texas Government Code: Personnel
Matters, Tex. Gov't Code, Section 551.074(a)(1), City Manager, 3-month evaluation/duties;
Consultation with Attorney, Tex. Gov't Code, Section 551.071, including: Cause No.
25DCCV1451; Manuel Villarreal v. George Wheeler, in his official capacity as Building
Official for the City of Nederland, Texas, and George Wheeler in his individual capacity,
Open issues in connection with Energy Transfer agreements.
7. RECONVENE
The regular meeting was reconvened at 7:25 p.m. by Mayor Darby.
8. A motion was made by Councilmember Jones and seconded by Councilmember Ortiz to
recommend the full and complete settlement of the Manuel Villarreal lawsuit, which is
specifically identified in the agenda notice, pursuant to the terms and conditions specified
by attorneys representing the City of Nederland and its officials, to be made confidential by
the parties with third parties subject to the provisions of the Texas Open Records Act, also
known as the Texas Public Information Act, and subject to the further review and approval
by the City Attorney of the final closing documents as may be necessary for completion.
MOTION CARRIED.
AYES: Mayor Darby,Councilmembers Jones,Sonnier, and Ortiz.
NOES: Councilmember Stratton.
9. ADJOURN
There being no further business Mayor Darby adjourned the meeting at 7:26 p.m.
J y . Darby, Mayor
City of Nederland, Texas
ATTEST:
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Jon nderwood, City Clerk ,`‘``‘ E® k-'''%,,
City of Nederland, Texas ,`�`�\\OfC •
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Jeffrey P. Darby Mayor t/
Curtis Stratton Council Member—Ward I
Britton Jones Council Member—Ward II ✓
Randy Sonnier Council Member—Ward III
Jeff Ortiz Council Member—Ward IV
Manny De La Rosa City Manager
Joni Underwood City Clerk ✓
Richard Hughes City Attorney
Heather Stucker Director of Finance a/
Rod Carroll Police Chief
Terry Morton Fire Chief
Fred Bell Director of Public Works
Jacob Pitts Interim Building Official
Molli Hall Librarian V7
Stephanie Gaspard Human Resources Director
Toby Latiolais Parks Director
Jeff ey P. D y, Mayor
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Joni U 4•erwood,City Clerk
6-08-26
Date
RESOLUTION 2026-08
A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS,AMENDING THE CITY'S
PURCHASING POLICY TO FORMALLY ADOPT FEDERAL PROCUREMENT
STANDARDS PURSUANT TO 2 CFR PART 200.317-327
WHEREAS,the City of Nederland,Texas (the"City") engages in procurement
activities utilizing federal, state, and local funding sources; and
WHEREAS,the City desires to ensure full compliance with all applicable federal
regulations governing procurement when expending federal funds; and
WHEREAS,the federal Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, codified at 2 CFR Part 200, establish
procurement standards for non-federal entities; and
WHEREAS, Sections 2 CFR§§200.317-200.327 set forth specific procurement
requirements applicable to local governments, including standards for competition,
methods of procurement, contract provisions, and oversight; and
WHEREAS,the City of Nederland has adopted a Purchasing Policy(June 2026)
that establishes procurement procedures consistent with state law and includes
provisions applicable to federally funded projects, including mandated contract
provisions referencing 2 CFR 200.318-327 ; and
WHEREAS,the City Council finds it necessary and appropriate to formally adopt
federal procurement standards by reference and to explicitly incorporate such
requirements into the City's purchasing framework to ensure compliance,transparency,
and accountability in the use of federal funds;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS:
SECTION 1.ADOPTION OF FEDERAL PROCUREMENT STANDARDS
The City hereby formally adopts by reference the procurement standards set forth in:
2 CFR§§200.317 through 200.327, as may be amended from time to time,
and incorporates these standards into the City's Purchasing Policy as governing
requirements for all procurements involving federal financial assistance.
SECTION 2.APPLICABILITY
The requirements of 2 CFR 200.317-327 shall apply to all City departments, officers,
employees, and agents engaged in procurement activities funded in whole or in part
with federal funds, including grants, subawards, loans, or reimbursements.
SECTION 3. IMPLEMENTATION INTO LOCAL POLICY
The City's Purchasing Policy shall be amended and interpreted to:
1. Explicitly reference compliance with 2 CFR 200.318-327;
2. Operationalize all applicable federal procurement requirements within the City's
local procurement framework;
3. Ensure that procurement actions meet federal standards for:
o Full and open competition
o Cost and price analysis
o Procurement methods (micro-purchase, small purchase, sealed bids,
competitive proposals, noncompetitive procurement)
o Contractor responsibility and oversight
o Contract administration
o Required federal contract provisions
SECTION 4. CONFLICT OF INTERESTÐICS
All procurement activities involving federal funds shall comply with the conflict of interest
standards set forth in 2 CFR§200.318(c)and shall be incorporated into the City's
existing ethics provisions within the Purchasing Policy.
SECTION 5. CONTRACT PROVISIONS
All contracts funded in whole or in part with federal funds shall include applicable
provisions required under 2 CFR§200.327 and Appendix II to,Part 200, including but
not limited to:
• Equal Employment Opportunity
• Davis-Bacon Act(as applicable)
• Contract Work Hours and Safety Standards Act
• Byrd Anti-Lobbying Amendment
• Debarment and Suspension
• Procurement of Recovered Materials
SECTION 6. INTERNAL CONTROLS &OVERSIGHT
The City shall maintain oversight to ensure that contractors perform in accordance with
the terms, conditions;and specifications of their contracts in compliance with 2 CFR
§200.318(b).
SECTION 7.TRAINING AND COMPLIANCE
City staff involved in procurement activities shall be required to:
• Familiarize themselves with federal procurement requirements;
• Participate in training as necessary to ensure compliance;
• Follow all procedures established under the amended Purchasing Policy.
SECTION 8. SEVERABILITY
If any provision of this Resolution is held invalid, such invalidity shall not affect the
remaining provisions.
SECTION 9. EFFECTIVE DATE
This Resolution shall take effect immediately upon adoption.
PASSED AND APPROVED BY THE CITY COUNCIL FO THE CITY OF NEDERLAND AT A
REGULAR MEETING THIS THE 8th DAY OF JUNE,2026.
Jeffrey P arby,Mayor
City of Nederland,Texas
ATTEST:
Joni lYiderwood,City Clerk
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PROVED AS TO FORM: 2, '`ro
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Richar Hu es,Cit Attorney per,