07-13-26 Agenda with Attachments
CITY COUNCIL REGULAR MEETING
Monday, July 13, 2026 at 5:30 PM
Location: 207 North 12th Street, Nederland, TX 77627
Mayor Jeffrey P. Darby
Councilmember Curtis Stratton, Ward I
Councilmember Britton Jones, Ward II
Mayor Pro-Tem Randy Sonnier, Ward III
Councilmember Jeff Ortiz, Ward IV
Agenda
CALL THE MEETING TO ORDER
1. Pledge of Allegiance to the U.S. Flag and to the Texas Flag.
2. Invocation.
CITIZEN COMMENTS
At this time, members of the audience may comment on any city-related subject not on the agenda.
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 the items unless a
councilmember so requests, in which event the item will be removed from the Consent agenda
and considered separately. I would recommend acceptance of all the below-listed items:
1. Attached are the minutes of the June 22, 2026 regular meeting.
REGULAR AGENDA
UNFINISHED BUSINESS
HONORABLE MAYOR AND CITY COUNCIL
July 13, 2026
Page 2
1. Attached is proposed Ordinance No. 2026-09 amending Ordinance 2008-08 Personnel
Policy, Personal Conduct, Section 2.04, Timeliness and Attendance, by deleting the
existing language in Section 2.04.06 Emergency Closings in its entirety and by adding in
its place new language providing attendance requirements, pay or benefits for designated
full-time employees during an emergency closure; and providing for repeal and an
effective date.
2. Attached is proposed Ordinance No. 2026-10 amending Ordinance No. 2010-04 Appendix
A Zoning, carrying into effect provisions of local government code Section 211.003,
“Zoning Regulations Generally”, by amending the ‘City of Nederland Code of Ordinances,
Table 12.2 Schedule of Residential Height and Area Regulations, by increasing the
minimum lot width and lot area requirements for R-2 duplex zoning, and by amending
Section 30, “Definitions” to add and define “cargo/storage/shipping containers”, and by
amending Section 11.2, Regulations Applicable to all Zoning Districts, to add and regulate
cargo/storage/shipping containers; and providing for severability, repeal, and effective
date.
NEW BUSINESS
3. Attached is the proposed collective bargaining agreement with The International
Association of Fire Fighters Local 3339. The proposed agreement has been reviewed by
both parties and if approved, will become effective October 1, 2026, in accordance with its
terms.
4. Attached is proposed Ordinance No. 2026-11, amending Ordinance 2025-16 Fiscal Year
2025-2026 City Budget. The Fire Department is requesting $36,768 for the purchase of a
second set of bunker boots and helmets, an additional LUCAS chest compression system,
and a bunker gear drying cabinet.
5. Attached for discussion is code compliance memos reporting on violations at the following
addresses:
a. The property at 126 Hilldale has a hole in the roof.
b. The property at 154 Hilldale is in a dilapidated condition with no water service.
c. The property at 162 Hilldale has several structural issues.
6. Resolution 2026-11 amending the city’s purchasing policy to ensure compliance with
Texas Water Development Board (TWDB) procurement requirements for grant-funded
projects, and providing for related matters.
HONORABLE MAYOR AND CITY COUNCIL
July 13, 2026
Page 3
7. Resolution 2026–12 authorizing the submission of an application to the Texas Water
Development Board (TWDB) for water supply and infrastructure funding, authorizing the
City Manager or designee to execute all necessary documents, and providing for related
matters.
ADJOURNMENT
CITY OF NEDERLAND
Jeffrey P. Darby
Mayor
ATTEST:
Joni Underwood
City Clerk
Note: The City of Nederland does not discriminate on the basis of disability in the admission of, access to, treatment
of, or employment in its programs, activities, or public meetings. Any individual with a disability in need of an
accommodation is encouraged to contact the City Clerk at 409-723-1505 by Monday, no later than 5:00 P.M. to make
proper arrangements.
REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
5:30 p.m. June 22, 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 was led by Mayor Pro Tem Sonnier and Pledges of Allegiance were led by
Mayor Darby.
3. Executive Session was moved to the beginning of the meeting.
EXECUTIVE SESSION
The regular meeting was recessed at 5:32 p.m. by Mayor Darby for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Personnel
– Texas Government Code, Chapter 551.074, Discuss Personnel Appointments: City
Attorney, City Clerk, City Manager, Director of Finance, Municipal Court Judge, and
Police Chief.
4. RECONVENE
The regular meeting was reconvened at 6:35 p.m. by Mayor Darby.
5. APPOINTMENTS
a. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Sonnier
to authorize the following appointments: Richard Hughes, City Attorney; Joni
Underwood, City Clerk; Heather Stucker, Director of Finance; Larry Dowden, City
Judge; and Rod Carroll, Police Chief. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Stratton, Jones, Sonnier, and Ortiz.
NOES: None.
b. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Sonnier
to set salary for City Attorney Richard Hughes at $8,000.00 a month and to set salary
for City Judge Larry Dowden with a 3% cost of living increase over his current salary,
beginning October 1, 2026. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Stratton, Jones, Sonnier, and Ortiz.
NOES: None.
Minutes continued, June 22, 2026
2
6. CITIZEN COMMENTS
Christopher Boone, 416 3rd Street, stated that he was having an issue with the number of
dogs or pets allowed in the city. He stated that he conducted a Facebook poll and 72% of
respondents were not aware of the pet limit and thought it was unfair. He also raised
concerns about unequal code enforcement.
Susan Toney, 504 Carriage Lane, stated she believed the city has a right to determine limits
on the number of pets and expressed her concerns about the lack of responsible pet
ownership. She concluded by suggesting that the city animal advisory board might be a
platform to discuss, receive suggestions, and make recommendations to council on any
ordinance changes or additions.
Bob Klinger addressed the Mid-Jefferson Hospital property, noting there are signs all over
the place for apartments and hotels which are not permitted uses.
Jolie Shipley, 8765 Holmes Rd., requested council receive printouts of actual inspections
from GovWell showing addresses of inspections and dates. She also stated that code
enforcement should be focused on important infractions in code violations and referenced
the February 2025 report about the northwest quadrant and rain infiltration into the sewer
system.
7. PUBLIC HEARING
The regular meeting was recessed and a Public Hearing was called to order at 6:57 p.m. by
Mayor Darby for the purpose of discussing and receiving comments regarding amending
Table 12.2, Schedule of Residential Height and Area Regulations, by increasing the
minimum lot width requirement for R-2 Duplex zoning; amending Section 30, Definitions,
to add and define Cargo/Storage/Shipping Containers; and amending Section 11.2,
Regulations Applicable to All Zoning Districts, to add and regulate Cargo/Storage/Shipping
Containers.
Jacob Pitts, Chief Building Official, stated a public hearing had been held at the Planning
and Zoning Commission approximately two weeks prior, with multiple people attending to
speak on these items. He stated that the shipping container issue arose from multiple
citizens calling to ask if they could use shipping containers as storage sheds instead of
traditional storage buildings. City Manager, Manny De La Rosa suggested that a town hall
meeting on a Saturday at the library might generate more public input, noting that only six
people attended the Planning and Zoning meeting.
Councilmember Stratton voiced strong opposition to new duplexes and would like to see
more single-family housing, not multi-family housing.
Jackie Toops, 613 N. 14th St., expressed frustration with delays, stating that citizens have
been asking for action on duplex lot sizes for months.
Minutes continued, June 22, 2026
3
Councilmember Ortiz expressed strong opposition to any more multi-family housing in the
city.
Bob Klinger, 1140 Kent Ave, expressed frustration with delays and stated he was also
opposed to any more multi-family housing in the city.
Mayor Darby clarified that the matter before the council was strictly to increase lot width
from 80 to 125 feet, and that no action could be taken on eliminating duplexes entirely as
that was not properly noticed for this public hearing.
Mayor Darby closed the public hearing at 7:34 PM. He indicated that this item would be
placed on the July 13th agenda for voting on these three proposed amendments.
8. 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 Ortiz to
approve the Consent Agenda Items “a through d” as presented. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Stratton, Jones, Sonnier, and Ortiz.
NOES: None.
a. Minutes – June 8, 2026 regular meeting
b. May 2026 Departmental Reports
c. Tax Assessor Collection Report – April
d. Financial Report –April 2026
9. REGULAR AGENDA
NEW BUSINESS
a. Manny De La Rosa, City Manager, provided progress reports to Council on the Public
Works engineering projects. He discussed updates on the Water Plant Clarifier #1 Rehab,
Sewer Line Rehab Planning (Western 20% of City), Sanitary Sewer System Study,
Wastewater Lift Stations, Wastewater Treatment Plant Facility Assessment, Wastewater
Treatment Plant Centrifuge Replacement, Allen Meadows Drainage Improvements, Shelly
Drive Drainage Improvements, Hardy Avenue Drainage Improvements,
Street/Concrete/Sidewalk Improvements and Avenue D Sewer Line Replacement project.
David Wedgworth, 712 Carriage Lane, asked how the various engineering projects were
being tracked beyond monthly reports from contractors and expressed concern about
potential change orders.
Angela Fanette, 1016 N. 31st St., stated that she and others could not flush their toilets
during the rain event the previous Sunday and asked when actual construction would begin
to repair sewer problems.
Minutes continued, June 22, 2026
4
b. Fred Bell, Public Works Director, provided a brief overview of the TCEQ violation letter
sent to water customers. He explained this was the third and final letter required by TCEQ
as a result of an incident in June of last year when routine random testing showed a
violation. As a result, TCEQ set rules into place and staff took measures including more
frequent flushing of the system due to many dead ends.
Water Treatment Plant Supervisor Michael Mitchell explained that the violation was based
on the locational running average and emphasized the water is safe and all requirements
are being met. He confirmed this was the last letter and the city is in compliance.
Councilmember Jones clarified the confusing timeline for the public: the violation
occurred in June 2025, the first letter went out in October, and even though the issue was
corrected and real-time water has not been in violation since June 2025, TCEQ mandates
continued letters be sent quarterly.
c. Fred Bell, Public Works Director, reported that the city recently received several
complaints about yellow-colored water. The Water Plant began testing and
communicating with all plants receiving water from LNVA (Lower Neches Valley
Authority). Mr. Mitchell provided technical details and stated the plant meets and exceeds
TCEQ’s standards.
d. William Spell, IT Director, reported on progress of GovWell, a work order system being
implemented for code enforcement and Public Works. A hard launch is planned for the
following Monday (approximately one week away) and will also be utilized by council.
Jolei Shipley questioned whether citizens will be able to report issues they are having
within the city through the GovWell program.
Mayor Pro Tem Sonnier requested that the GovWell program be fully active by September
1, 2026.
e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Ortiz to
approve Resolution 2026-09, which authorizes, approves and ratifies agreements with
Energy Transfer (ET) Nederland Terminal, LLC regarding the City’s closure, and
permanent removal of the Nederland Police Department (NPD) Shooting Range
and restoration of the Range property and ET’s payment for a membership in a club
shooting range for NPD officers’ training and, further, granting approval and authority for
all closing documents related to such agreements to be executed by the City Manager,
including the Third Amendment and Fourth Amendment. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Stratton, Jones, Sonnier, and Ortiz.
NOES: None.
f. Discussion was held regarding renewing the Fire Protection Services Agreement between
the City of Nederland and Industrial Safety Training Council (ISTC). City Manager De La
Rosa explained that ISTC is not located within the city limits or the city's ETJ and that
technically, we have no statutory authority. There is a path forward to provide them city
Minutes continued, June 22, 2026
5
services and the information has been shared with Fire Chief Terry Morton, noting it is not
very costly if ISTC chooses to pursue it. He noted the city would be assuming a certain
amount of liability exposure.
No action was taken on this item.
g. Discussion was held regarding potential revisions to Section 2.04.06, Emergency Closings
of the Personnel Policy. City Manager De La Rosa explained that the personnel policy
was adopted in 2008 and needs changes requiring amendments. The current emergency
closing section allows the city manager to declare emergency closings but lacks detail on
compensation. Stephanie Gaspard, HR Director, explained that previous policy created
problems when employees were told not to come to work due to bad weather or
emergencies but were not paid or had to take vacation days. Key provisions of the
proposed policy include:
Full-time non-essential employees scheduled to work during an official closure would be
paid for their regular scheduled work hours during the closure (no more than their regular
time).
Essential personnel are designated by department directors with city manager approval and
are notified upon hire and whenever designation changes.
Full-time, non-exempt essential personnel required to work during an official closure
would receive their regular rate of pay for all hours worked during regularly scheduled
shifts, plus an additional hour of pay at their regular rate for each hour worked during the
official closure period (essentially double time). Any overtime under Fair Labor Standards
Act would be calculated separately.
Full-time exempt essential personnel required to work during an official closure would
receive one hour compensatory leave for each hour worked during the official closure
period.
Ms. Gaspard noted that police and fire department employees are covered by collective
bargaining agreements (CBAs) which prevail over policy, though civilian employees in
those departments would be covered by this policy.
A motion was made by Councilmember Jones and seconded by Councilmember Ortiz
instructing staff to prepare the revised ordinance with discussed changes and present to
council for approval. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Stratton, Jones, Sonnier, and Ortiz.
NOES: None.
h. Discussion was held regarding the collective bargaining agreement with the Nederland
Police Officers’ Association. Stephanie Gaspard, HR Director, summarized the changes to
the policy.
Minutes continued, June 22, 2026
6
A motion was made by Councilmember Jones and seconded by Councilmember Stratton to
approve the collective bargaining agreement with the Nederland Police Officers’
Association. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Stratton, Jones, Sonnier, and Ortiz.
NOES: None.
i. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Jones to
approve Resolution 2026-10 and an agreement with Rene Bates Auctioneer to sell or
dispose of surplus consisting of various vehicles and equipment from the Police
Department. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Stratton, Jones, Sonnier, and Ortiz.
NOES: None.
j. City Manager De La Rosa stated there is no action at this time on Resolution 2026-11 to
obtain Athena, K-9, from Officer Tiffany Villasana’s donation agreement.
k. City Manager De La Rosa stated there is no action at this time on appointing/reappointing
members to the Zoning Board of Appeals.
l. City Manager De La Rosa stated there is no action at this time on appointing/reappointing
members to the Planning and Zoning Commission.
m. Kirk Johnson, 1116 N. 22nd St., discussed an issue he was having with an open records
request he submitted to the Nederland Economic Development Corporation. Mr. Johnson
had requested a copy of the purchase agreement regarding 111 Boston Avenue and was
told that the document has been destroyed. City Attorney Richard Hughes and City
Manager De La Rosa both suggested the proper procedure would be for Mr. Johnson to
file a complaint with the Texas Attorney General's Office to begin the complaint process.
10. ADJOURN
There being no further business Mayor Darby adjourned the meeting at 9:46 p.m.
__________________________
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas