January 28, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NED.ERLAND.
4:30 Fs-owl. 3anuary 28, 2019
1_ MEETING
The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City
Office Building, 207 N. 12t" Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
'PURSUANT TO SECTION 30_07, PENAL COD.E (TRESPASS BY LICENSE HOLD.ER
WITH AN OPENLY CARRIED. FiAND.GIIIN), A PERSON LICENSED. UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT COD.E (HAND.GUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HAND.GUN THAT IS CARRIED.
OPENLY_"
2_ INVOCATION AND. PLED.GE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk.
3. CONSENT AGEND.A - 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 Councilmember Austin and seconded by Councilmember Neal
to approve the Consent Agenda Items a-d as presented. MOTION CARRIED..
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire_
Noes: None.
a. Minutes - January 14, 2019 regular meeting
b. Tax Assessor Collection Report - December 2018
c_ Consider action authorizing the Jefferson County Mosquito Control District to fly at
low altitudes as required for the application of pesticides for the control of
mosquitoes within the City of Nederland.
d_ Consider action approving Resolution No. 2019-01, ratifying the action of the
Nederland Economic Development Corporation Board of Directors related to the
incentive offered to DuGood Federal Credit Union.
4_ REGULAR AGEND.A
a_ A motion was made by Councilmember Belaire and seconded by Councilmember
Austin to elect Billy Neal as Mayor Pro Tempore, following Don Albanese's
resignation from the City Council, in accordance with City Charter. MOTION
CARRIED..
Ayes: Mayor Nugent, Councilmembers Austin Neal, and Belaire.
Noes: None.
Minutes Continued, January 28, 2019
b. Recognition of Retiree: Police Sergeant Kevin Jones. The meeting was recessed
at 4:32 until 4:42 in order to congratulate Sergeant Jones.
c. Chris Duque, City Manager, explained that proposed Ordinance No. 2019-02 is for
a rezoning request of 1420 Avenue L, described as Lots 7 & 8, Block 25, Wagner
Addition, from R-2 (duplex residential) zoning classification to C-1 (office
commercial) zoning classification. He said the rezoning is necessary to facilitate
the applicant's plan to sell/lease property for a commercial use. In 1962 a church
was built in a residential zoning district which was grandfathered in. Later the city
amended its zoning ordinances to require a Specific Use Permit for a church in an
R-2 residential zoning district. This property retained its legal non-conforming use
while is continued to be a church. In 2017 Mr. Rashall purchased the property and
assumed the property was zoned for commercial use. Last fall when Mr. Rashall
began the process of selling/leasing the property, Mr. Wheeler, Building Official,
informed Mr. Rashall of the non-conforming use by the church had expired.
On January 14, 2019 a Joint Public Hearing was held with comments from the
property owner and a representative of the neighbors opposed to the request. The
Planning & Zoning Commission met on January 15, 2019 and voted 4-1 to deny
the rezoning request. Mr. Duque said based on opposition from the neighborhood
and "spot zoning" legal issue, he recommends denying the request for the
rezoning.
Mayor Nugent called for a motion three times and no motion or second was given.
d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve Ordinance No. 2019-03, amending the fiscal year 2018-2019
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
e. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Austin to appoint Terry Morton as Emergency Management Coordinator. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
f. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Austin to approve the 2019 Spay and Neuter Program with amended income limits
and program to begin on February 1, 2019. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
g. 2019 Election
i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve the purchase of voting machines from Election Systems &
Software. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve Resolution No. 2019-02, calling for an election to be held on May
Minutes Continued, January 28, 2019
4, 2019 for the purpose of electing the Mayor and two (2) Councilmembers - one
from Ward II and one from Ward IV and appointing a clerk for early voting.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
iii. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Austin to approve Ordinance No. 2019-04, calling for a special election to be held
on May 4, 2019 for the purpose of re-authorization of the street sales tax.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
iv. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve Ordinance No. 2019-05, calling for a special election to be held on
May 4, 2019 for the purpose of submitting proposed amendments to the City
Charter of the City of Nederland to the voters, and appointing a clerk for early
voting. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
v. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve Ordinance No. 2019-06, calling for a special election to be held on
May 4, 2019 for the purpose of electing a Councilmember- Ward III to fill a vacant
position and appointing a clerk for early voting. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
vi. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Austin to approve an Interlocal Agreement between the City of Nederland and the
Nederland Independent School District in regards to the May 2019 election.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• Master Gardeners planted tulips in flower beds along Boston Avenue in
preparation for Heritage Festival
• Chamber Coffee will be hosted by the Heritage Festival on February 5th at
8:00 a.m.
6. ADJOURN
There being no further business a motion was made by Councilmember Austin and
seconded by Mayor Pro Tem Neal to adjourn the meeting at 5:07 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Minutes Continued, January 28, 2019
4OER ,o,.
t"'4 r1/4'� ��• o` R. A. Nug t, Mayor
v j �!J. �\ City of Nederland, Texas
IA
Aaelli/ 411&-
y Ferg r on, City CI k
City of Ne•erland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESE T ABSENT
R.A. Nugent Mayor
Talmadge Austin Council Member—Ward I 1 /
Billy Neal Council Member—Ward II
Don Albanese Council Member—Ward III
V
Craig Belaire Council Member—Ward IV 1 /
Chris Duque City Manager v
Gay Ferguson City Clerk V
Jesse Branick City Attorney
V
Cheryl Dowden
Director of Finance V-
Gary
Porter Police Chief Vi
Terry Morton Acting Fire Chief V
\./
Robert Woods Director of Public Works \
BuildingOfficial v
George Wheeler
Victoria Klehn Librarian V
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary
Angela Fanette Parks Director
V
R. A. ug n , sit •r
4,1 4 ,d4 7/ , 40(--,
Ga Fergus if, City Clerk
January 28, 2019
Date r
ON Co\
• 2,
ALLISON NATHAN GETZ �i �1, '�, � TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR i\ -j*! CHIEF DEPUTY
\\- 411,1.
STATE OF TEXAS
COUNTY OF JEFFERSON
I, Allison Nathan Getz, P.C.C., 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 $2,895,194.57, represents all taxes collected for CITY OF NEDERLAND
during the month of December 2018.
Allison Nathan Getz, P.C.C.
JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112 •BEAUMONT,TEXAS 77704-2112
PHONE: (409)835-8516 • FAX: (409)835-8589
Jefferson County Mosquito Control District
organized in 1950
Kevin J. Sexton, Director I Advisory Commission:
8905 First Street I / Dr. M.O. Way, Chairman
Beaumont, Texas 77705 :7 • Denise Wheeler, Secretary
Phone: (409) 719-5940 _ George Mitchell
Fax: (409) 727-4176 Matt Vincent
ksextoncco.iefferson.txxus ' � Paul Jones
Reginald Boykins Sr.
January 7, 2019
AERIAL WAIVER
Mayor's Office
City of Nederland
P.O. Box 967
Nederland, TX 77627
The Jefferson County Mosquito Control District is authorized to fly at low altitudes as
required for the application of pesticides for the control of mosquitoes within the limits of City of
Nederland, Texas. Jefferson County Mosquito Control operates in accordance with all Federal
and State Rules and Regulations governing this type of application.
Signature:
Ma is Office, Ci of Nederland, Texas
Date: o11. `fi as
Bryan Farrar, Pilot
Jefferson County Mosquito Control District
BF/dw
2
RESOLUTION 2019-01
A RESOLUTION OF THE CITY OF NEDERLAND
RATIFYING THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS,the present and prospective right to gainful employment and general welfare
of the people of Nederland require as a public purpose the promotion and development of new and
expanded business enterprises;and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments,welfare,
and prosperity of its citizens;and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic
development are in the public interest and serve a public purpose in promoting the welfare of the
citizens of the City economically by the securing and retaining of business enterprises and the
resulting maintenance of a higher level of employment,economic activity,and stability;and
WHEREAS, the citizens of the City of Nederland provided for the creation of the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described;and
WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law, its charter,bylaws and by board approval, to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS:
THAT the action of the Board of Directors of the Nederland Economic Development
Corporation("Board")relating to project costs associated with DuGood Federal Credit Union,in
an aggregate maximum amount of not more than Twenty Thousand dollars ($20,000.00), in
accordance with the terms and conditions as prescribed by the Board,is hereby ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND,TEXAS this 14th day of January ,2019 at which meeting
„o*ZiOttft,'was present and voting.
R.A.Nugent 'ayor
�����C •,..ss City of Nederland,TexasnnAA
WL
ay erg�i�City Cler
City of Nederland,Texas
APPROVED :S TO FORM AND LEGALITY:
Jess Brani s'City Attorney
Ci', of N erland,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS this Alllulay of aQ„1 ,2019 at
which meeting a quorum was present and voting.
� )j} R. .Nugent, or
J �lf 4A. of Nederland,Texas
css
k"M
y Fergus6hi,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse B :. ,City Attorney
City of erland,Texas
RESOLUTION 2019-02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON
SATURDAY, MAY 4, 2019; 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 4,2019 there shall be elected the following officials for this City:
One(1)Mayor
One(1)Council member,Ward II
One(1)Council member,Ward IV
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,
2019,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 sixty-
second (62nd)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 16, 2019, with the last day for filing to be February 15,
2019 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.
The City of Nederland has one polling place located in the City Office Building, 207 N.
12th Street, 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.
Gay Ferguson is hereby appointed Clerk for Early Voting. The Early Voting for the above
designated election shall be at the Nederland City Office Building,207 N. 12th Street, Nederland,
Texas,and said place of Early Voting shall remain open for at least eight(8)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 each day
for said Early Voting. As required under Section 85.005(d), Election Code, early voting by
personal appearance at the main early voting polling place shall be conducted for at least 12
hours on two weekdays, if the early voting period consists of six or more weekdays, therefore,
early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m.to 7:00 p.m.
on Tuesday, April 23, 2019 and Tuesday, April 30, 2019. 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 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. Gay Ferguson is hereby
appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section
127.005 of the Election Code.
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
be 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 necessary for 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 28th day of January,2019.
G�� �f�
R.A. NugnYM�
City of Nederlan Texas
Ward
��
Talmadge Au ' ,Ward I Councilmember Billy NeaCouncilmember
` tttnn nt rte✓ / /
�o . , !
, �. .i , 'ward IV Councilmember
o'• O
Gay Fergu un,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jes - Brani,k, y Attorney
Ci, of Ne.-rland,Texas
ORDINANCE NO.2019-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2018-
2019 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2018-25,which adopted
the Fiscal Year 2018-2019 City Budget;and,
WHEREAS, the City Council deems it necessary to amend the current budget to adjust
revenues and expenditures as set out in Attachment"A"attached hereto;and,
WHEREAS,the 2018-2019 City budget states "That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2019 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2018 and ending September 30,2019,and such funds are hereby appropriated as a City Council
Contingency Account for purposes approved by the City Council;and,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2018-2019 is amended to allow for adjustments in
revenues and expenditures as set out in Attachment"A."
THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed.
THAT the City Clerk shall file a true copy of this ordinance and said budget amendment
with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the
Local Government Code.
THAT,this being an ordinance not requiring publication,it shall take effect and be in force
from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
ugli R MEETING THIS THE 28th DAY OF JANUARY,2019.
A#7 At(----
y�
��-;• 0 `��� �_ R.A.Nuge t, or
)
�.. , ���
,QN 1 i '•moo_ City of Nederland,Texas
AL _ i
Gay Fergus,,City Clerk
APPROVED AS TO FORM AND LEGALITY:
Jes - is ,City Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2018-2019
DATE: January 28,2019
DEPARTMENT: Various
FUND: General(01)
Police Narcotic(20)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-0000-4120 Industrial In Lieu of Taxes 1,750,000 20,000 1,770,000
01-1300-6395 Election Services 13,500 20,000 33,500
20-2100-6220 Miscellaneous Supplies 1,000 20,776 21,776
TOTAL 1,764,500 60,776 1,825,276
JUSTIFICATION
In the General Fund,expenditures for Election Services(purchase of voting machines)is increased. The
increase is offset by an increase of Industrial In Lieu of Taxes.
In the Police Narcotics Fund,Miscellaneous Supplies is increased to fund purchase of portable radios;a state
grant will reimburse the Fund for the purchase.
Dept.Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
CITY OF NEDERLAND
ORDINANCE NO. 2019-04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS, CALLING A SPECIAL
ELECTION ON SATURDAY, MAY 4, 2019;
DESIGNATING THE POLLING PLACES; PROVIDING
FOR OTHER MATTERS RELATING TO THE SPECIAL
ELECTION;AND FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
WHEREAS, a Special Election is hereby ordered to be held on the 4th day of
May, 2019, for the purpose of submitting to the resident qualified electors of the City
of Nederland the proposition"for"or"against" "The reauthorization of the local sales
and use tax in the City of Nederland, Texas, at the rate of one-quarter (1/4) of one-
percent (1%) to continue providing revenue for maintenance and repair of municipal
streets."
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, an ordinance should be passed
establishing the procedure to be followed in said election, and designating the voting
places for said election.
NOW, THEREFORE, BE IT ORDAINED AND ORDERED BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT:
Section 1. The City of Nederland has one polling place located in the City
Office Building,207 N. 12th Street, Nederland,Texas. The City Clerk is hereby authorized
to provide and furnish all necessary election supplies to conduct said election.
Section 2. The polls at the above designated polling place on Election Day
shall be open from 7:00 a.m.to 7:00 p.m.
Section 3. 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)clerks.
Section 4. Gay Ferguson is hereby appointed Clerk for Early Voting. The Early
Voting for the above designated election shall be at the Nederland City Office Building,
207 N. 12th Street,Nederland,Texas,and said place of Early Voting shall remain open for
at least eight(8) hours on each day for Early Voting which is not a Saturday, Sunday, or
an official State holiday, beginning on the twelfth (12) 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 each day for said Early Voting. As
required under Section 85.005(d), Election Code,early voting by personal appearance at
the main early voting polling place shall be conducted for at least 12 hours on two
weekdays, if the early voting period consists of six or more weekdays, therefore, early
voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00
p.m.on Tuesday,April 23,2019 and Tuesday,April 30,2019. 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.
Section 5. 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. Gay Ferguson is hereby appointed to serve as the Presiding Judge of the
Central Counting Station as provided in Section 127.005 of the Election Code.
Section 6. All ballots shall be prepared in accordance with Texas Election
Code. Paper ballots shall be used for early voting by mail and for provisional ballots. The
ExpessVote BMD with DS 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 DS Scanner as approved by the Secretary
of State.' AU expenditures necessary for the conduct of the election, the purchase of
materials therefore, and the employment of all election officials is hereby authorized.
Section 7. 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.
Section 8. 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 28th day of January ,2019.
R.A. Nu ent • •
City of Ned/and,Texas
71 I
Talmadge Austi ,Ward I Councilmember Billy Neal,Ward II Councilmember
„pnai BMJ e,'P d IV Councilmember
y„-,=rgLs, , City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jess- Bran' , i ty Attorney
City of N=.erland,Texas
CITY OF NEDERLAND
ORDINANCE NO. 2019-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS, CALLING FOR A SPECIAL ELECTION
FOR MAY 4,2019,TO SUBMIT PROPOSED AMENDMENTS TO
THE CITY CHARTER OF THE CITY OF NEDERLAND;SETTING
FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE
FORM OF THE PROPOSITIONS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS,in accordance with Section 9.004(a)of the Texas Local Government Code,
the City Council hereby calls for the submission of proposed Charter amendments to the voters
of the City of Nederland; and,
WHEREAS,the City Clerk has advised the City Council that the next authorized date to
call a special election to consider the proposed Charter amendments is May 4, 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
Section 1: It is hereby ordered that a special election is to be held in the City of
Nederland on May 4,2019,for the purpose of submitting to the qualified voters the hereinafter
described proposed charter amendments. Such election shall be held at the polling place with
the election judge and alternate election judge as provided in Section 4.
Section 2:There shall be submitted at said special election to be held May 4,2019,the
following measures as proposed amendments to the City Charter of the City of Nederland:
PROPOSED AMENDMENT NO. 1
That Section 3.02 of Article III of the City Charter shall be amended so that such
section shall read as follows:
"The Mayor and each of the Councilmembers shall be a citizen of the United States of
America and a qualified voter of the State of Texas; shall have resided for at least one year
preceding the next election within the corporate limits of the City of Nederland. Other than the
Mayor,each Councilmember shall have resided for at least one year preceding the next election
within the boundaries of the ward they shall represent. The Mayor and each of the
Councilmembers shall not be indebted to the City at the time he takes office nor during the
term of office. A member of the Council ceasing to possess any of these qualifications, or
convicted of a felony while in office or who shall be absent from three consecutive regularly
scheduled Council meetings without a valid excuse,shall immediately forfeit his office;and the
City Council at its next regular meeting shall declare a vacancy to exist and shall fill said
vacancy as set forth in Section 3.07 of this charter. Other than the Mayor, not more than one
(1) Councilmember shall be a resident of the same ward."
PROPOSED AMENDMENT NO. 2
That Section 3.07 of Article III of the City Charter shall be amended so that such
section shall read as follows:
"If a vacancy should occur in the office of Councilmember or in the office of Mayor, such
vacancy shall be filled in the following manner:
a. In the event of one or two vacancies of the City Council for unexpired term(s)of twelve
(12) months or less, the vacancy/vacancies shall be filled by a majority vote of the
remaining members of the City Council within thirty (30) days of vacancy and the
person chosen shall serve for the unexpired term only; the person chosen to fill the
unexpired term shall reside in the ward of the vacant city council position,excluding the
Mayor.
b. In the event of one or more vacancies of the City Council for unexpired term(s)greater
than 12 months,the vacancy/vacancies must be filled by majority vote of the qualified
voters at a special election called for such purpose within one hundred twenty (120)
days after such vacancy or vacancies occur.
PROPOSED AMENDMENT NO. 3
That Section 17.04 of Article III of the City Charter shall be amended so that such
section shall read as follows:
"Before the City of Nederland shall be liable for personal injuries or property damage of
any kind,the person injured or whose property was damaged or someone on their behalf shall
give the City notice in writing of such injury or damage within sixty(60) days after the same
has been sustained, stating specifically in such notice when, where, and how the injury or
damage occurred and the extent thereof, and the names, if any witnessing the same, if such
names and addresses can be ascertained by reasonable diligence. No officer or employee of the
City shall have authority to waive any of the provisions of this section as to notice, but same
may be waived only by a resolution of the City Council,made and passed before the expiration
of the period herein provided, and evidenced by the minutes of the City Council."
Section 4: The City of Nederland has one polling place located in the City Office
Building, 207 N. 12th Street, Nederland, Texas. The City Clerk is hereby authorized and
instructed to provide and furnish all necessary election supplies to conduct said election.
The following named persons are hereby appointed officers for 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) clerks.
Section 5: The polls at the designated polling place shall on said election day be open
from 7:00 a.m. to 7:00 p.m.
Section 6: Gay Ferguson is hereby appointed Clerk for Early Voting. The Early Voting
for the above designated election shall be at the Nederland City Hall Building, 207 N. 12th
Street,Nederland,Texas,and said place of Early Voting shall remain open for at least eight(8)
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 each day for said Early Voting. As required under Section 85.005(d),Election
Code, early voting by personal appearance at the main early voting polling place shall be
conducted for at least 12 hours on two weekdays, if the early voting period consists of six or
more weekdays,therefore,early voting by personal appearance shall be conducted for 12 hours
from 7:00 a.m. to 7:00 p.m..on Tuesday,April 23, 2019 and Tuesday,April 30, 2019. Ballot
applications and ballots voted by mail may be sent to the City Clerk at P.O.Box 967,Nederland,
TX 77627.
Section 7: 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. Gay Ferguson is hereby appointed to serve as the Presiding Judge of the
Central Counting Station as provided in Section 127.005 of the Election Code.
Section 8: 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 be 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
EpressVote BMD with DS200 Scanner as approved by the Secretary of State. All expenditures
necessary for the conduct of the election, the purchase of materials therefore, and the
employment of all election officials is hereby authorized.
Section 9: 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.
Section 10: 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 accessibly
to the general public,and said notice having been so posted and remaining posted continuously
for at least 72 hours preceding the scheduled time of said meeting.
•
PASSED,APPROVED AND ADOPTED by the City Council of the City of Nederland this
28th day of January , 2019.
\ F NEDF "
ti ((�. ,a = R. A. Nugent, dor
v•���_- f):c= City of Ned- n d,Texas
Gay Ferg on, City CIerIL
—
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse n , ity Attorney
City • -•erland,Texas
CITY OF NEDERLAND
ORDINANCE NO. 2019-06
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS, CALLING A SPECIAL
ELECTION ON SATURDAY, MAY 4, 2019;
DESIGNATING THE POLLING PLACES; PROVIDING
FOR OTHER MATTERS RELATING TO THE SPECIAL
ELECTION;AND FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
WHEREAS, a Special Election is hereby ordered to be held on the 4th day of
May, 2019,for the purpose of filling a vacancy on City Council for the unexpired term,
of Councilmember Ward III,that expires in May 2020; and
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, an ordinance should be passed
establishing the procedure to be followed in said election, and designating the voting
places for said election.
NOW, THEREFORE, BE IT ORDAINED AND ORDERED BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT:
Section 1. The City of Nederland has one polling place located in the City
Office Building,207 N. 12th Street, Nederland,Texas. The City Clerk is hereby authorized
to provide and furnish all necessary election supplies to conduct said election.
Section 2. The polls at the above designated polling place on Election Day
shall be open from 7:00 a.m.to 7:00 p.m.
Section 3. 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)clerks.
Section 4. Gay Ferguson is hereby appointed Clerk for Early Voting. The Early
Voting for the above designated election shall be at the Nederland City Office Building,
207 N. 12th Street, Nederland,Texas,and said place of Early Voting shall remain open for
at least eight(8) hours on each day for Early Voting which is not a Saturday, Sunday, or
an official State holiday, beginning on the twelfth (12) 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 each day for said Early Voting. As
required under Section 85.005(d), Election Code,early voting by personal appearance at
the main early voting polling place shall be conducted for at least 12 hours on two
weekdays, if the early voting period consists of six or more weekdays, therefore, early
voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00
p.m.on Tuesday,April 23,2019 and Tuesday,April 30,2019. 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.
Section 5. 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. Gay Ferguson is hereby appointed to serve as the Presiding Judge of the
Central Counting Station as provided in Section 127.005 of the Election Code.
Section 6. All ballots shall be prepared in accordance with Texas Election
Code. Paper ballots shall be used for early voting by mail and for provisional ballots. The
ExpessVote BMD with DS 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 DS Scanner as approved by the Secretary
of State. All expenditures necessary for the conduct of the election, the purchase of
materials therefore,and the employment of all election officials is hereby authorized.
Section 7. 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.
Section 8. 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 28th day of January ,2019.
R.A. Nugent, .=yor
City of Nederl.nd,Texas
(76zet/
Talmadge Austi and I Councilmember Billy Neal, and II Councilmember
(4d, 40P-/gj..gete-4---e.....
00"Gnaig„BelairdhVIV Councilmember
afillt
4/1).7- /'. A Ai . Aa
'''411,,4- „,Au City Clerks
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jes - Br.n , City Attorney
Ci of ederland,Texas