January 24, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDE BLAND.
4:30 p_m_ January 2.4, 2022
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City
Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
The following statement was posted_
"P.IJ RSUANT TO SECTION 30_03', PENAL COD.E (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED. HAN 10GUN3, A PERSON LICENSED. UNDER
SUBCHAPTER CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW 3, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED.
OPENLY."
2_ INVOCATION ANC, 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 Root and seconded by Councilmember Sonnier
to approve the Consent Agenda Items a-c as presented. MOTION CARRIED..
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
a. Minutes - January 10, 2022 regular meeting
b. December 2021 Departmental Reports
c_ Tax Assessor Collection Report - December 2021
4. REGULAR AGEN 13,4
a. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Austin to approve a request from the Port Neches-Groves Youth Football
Association for millings_ MOTION CARRIED:
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
b. The regular meeting was recessed and a Public Hearing was called to order at 4:38
by Mayor Albanese for the purpose of receiving questions and/or comments
Minutes Continued, January 24, 2022
regarding the City of Nederland's Coronavirus Local Fiscal Recovery Fund
allocation.
City Manager, Chris Duque, stated the public hearing is being held to allow any
interested persons, businesses, non-profit agencies, etc. to provide comments or
ask questions regarding the City of Nederland's Coronavirus Local Fiscal Recovery
Fund (CLFRF) allocation of $4,304,289.72. The American Rescue Plan requires
funds be expended by December 31, 2026 for the following purposes:
1. To respond to the public health emergency with respect to COVID-19 or its
negative economic impacts, including assistance to households, small
businesses, and nonprofits, or aid to impacted industries such as tourism,
travel, and hospitality.;
2. To respond to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible workers of the State,
territory, or tribal government that are performing such essential work, or by
providing grants to eligible employers that have eligible workers who perform
essential work;
3. For the provision of government services to the extent of the reduction of
revenue of such state, territory, or tribal government due to the COVID-19
public health emergency relative to revenues collected in the most recent full
fiscal year of the state, territory, or tribal government prior to the emergency;
or
4. To make necessary investments in water, sewer, or broadband infrastructure.
The Department of Treasury released the Final Rule of these funds, which included
several updates. Staff proposes and suggests discussion of the following uses and
allocations of the CLFRF:
Program Allocation Timeframe
Non-Profit Partnership Grant $ 500,000 Spring 2022
Waterline Replacement 1,250,000 , Spring 2023
Sewerline Replacement 1,250,000 Spring 2023
Vaccination Incentive
Small Business Assistance 500,000 Spring 2022
Utility Bill Assistance 500,000 , Spring 2022
Third-Party Administration
(Grant Management) 300,000
Staff requested an additional public hearing to receive comments from non-profit
organization and how COVID-19 has impacted their service to the community.
Vivian Ballou, Legacy Community Development Organization, provides rental
assistance, utility assistance, food, and gasoline cards to those in need. They serve
many Nederland residents.
Alton Bore!, Port Arthur Sertoma Club, said approximately 25-30% of their
fundraising comes from Nederland Heritage Festival.
Jimmy Harrison, Rotary Club of Nederland, said the Heritage Festival and Spaghetti
Dinner are the 2 fundraisers their club does to provide scholarships to high school
seniors. Fundraising has fallen short in the past 2 years due to COVID-19.
Minutes Continued, January 24, 2022
Ricky Root, Evening Optimist, stated their only fundraiser is the Nederland Heritage
Festival. They are struggling just to purchase supplies for the upcoming festival.
Libby Arnold, Community Care Prayer Outreach Center, said they provide basic
needs such as food and clothing to mid-county residents.
Mandy Clayton, Nederland Education Foundation, stated there has been no
fundraising activities for the last 2 years. They usually raise 16 - 18 thousand
dollars for teachers but hasn't been able to provide anything recently.
Nicky Matt, Mid County Noon Optimist Club, said the Nederland Heritage Festival
is one of their main fundraisers and the club has been struggling.
Mayor Albanese thanked everyone for their comments.
Mr. Duque discussed the proposed infrastructure projects, the vaccination incentive
small business assistance program, and the utility bill assistance program.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 5:09 by Mayor Albanese.
c. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to accept the Hotel Occupancy Tax Fund financial report from the
Nederland Chamber of Commerce. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
d. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Neal to approve Ordinance No. 2022-02, authorizing participation with other
Entergy service area cities in matters concerning Entergy Texas, Inc. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
e. A motion was made by Mayor Pro Tem Austin and seconded by Councilmember
Sonnier to approve Ordinance No. 2022-03, abandoning two alleyways (0.1168
acre of land adjacent of Lots 19 & 20, Block 23 Town on Nederland) and retaining
certain easements. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
f. A motion was made by Councilmember Sonnier and seconded by Councilmember
Root to declare surplus the Nederland Fire Department 1987 ladder truck (Aerial
1) and authorizing the donation to the Regional Fire Academy at Lamar Institute
of Technology. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
g. A motion was made by Councilmember Root and seconded by Mayor Pro Tem
Austin to appoint an auditing firm to perform the City's audit for Fiscal Year 2021-
2022. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
Minutes Continued, January 24, 2022
h. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to approve Change Order No. 1 on the Hodgson Road/Bourque Road
Rehabilitation project. This is a reduction of $238,511.09 of the contract amount
which reflects final quantities and the City not pursuing the work on Shelley Drive
due to the inability to obtain an easement from the property owner. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
i. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to approve final payment and release of retainage for the Hodgson
Road/Bourque Road Rehabilitation project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
j. A motion was made by Councilmember Root and seconded by Mayor Pro Tem
Austin to award a bid for the Storm Sewer Improvements (17th Street and Avenue
N) Allen Meadows Subdivision project to Norman Highway Constructors in the
amount of $79,910.00. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
k. A motion was made by Councilmember Sonnier and seconded by Councilmember
Root to authorize the solicitation of bids for the 2022 Flexible Pavement
Rehabilitation (hot mix overlay) project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
I. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Austion to approve the replat of 3104 Avenue G (Tract 23-B, Block 1, Hillcrest 2nd
Acres). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
m. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to approve the replat request of 3011-3015 (addresses were corrected to
be 3007 - 3015) Canal Avenue (Lot 7, Block 17I, Tract 3 Port Arthur Land
Company). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
n. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Neal to reauthorize the City of Nederland Spay and Neuter Program. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
o. Chris Duque, City Manager, stated a discussion is being held regarding outsourcing
the staffing and operation of the Nederland Swimming Pool this season. Staffing
changes in the Parks Department significantly impacted the ability to properly
operate the pool since there isn't enough time to train a new pool manager before
the pool opens. Staff has run costs and it is possible to outsource and have costs
Minutes Continued, January 24, 2022
offset by not hiring lifeguards from the extra help line-item. No action was
necessary.
p. Chris Duque, City Manager, said another discussion regarding side-by-side, all-
terrain, and other off-road vehicles was requested by Councilmembers Austin and
Neal.
During the 2019 legislative session, the State Legislature amended state law
regarding off-highway vehicles, which covers a wide variety of vehicles per Chapter
551A of the Transportation Code. Under this code:
• All-terrain vehicles are defined as motor vehicles equipped with a seat or
seats for the rider and passenger, are designed to propel itself with 3 or
more tires in contact with the ground, are designed by a manufacturer for
off-highway use, are not designed by the manufacturer primarily for farming
or lawn care, and are not more than 50 inches wide.
• Off-highway vehicles are defined as an all-terrain vehicle or recreational off-
highway vehicles, or a sand rail, or a utility vehicle.
• Sand rail vehicles are defined as designed or built primarily for off-highway
use in sandy terrains, have a tubular frame, an integrated roll cage, and an
engine that is rear-mounted or placed midway between the front and rear
axles of the vehicle, and have a gross vehicle weight of no less than 700
pounds and no more than 2,000 pounds.
• Recreational off-highway vehicles are defined as a motor vehicle that is
equipped with a seat or seats for a rider and passenger, designed to propel
itself with four or more tires in contact with the ground, is designed by the
manufacturer for off-highway use by the operator only, and is not designed
by the manufacturer primarily for farming or lawn care.
• Utility vehicle is defined as a motor vehicle that is not a golf cart or lawn
mower, is equipped with side-by-side seating for use by the operator and a
passenger, is designed to propel itself with at least four tires in contact with
the ground, is designed by the manufacturer for off-highway use only; and
is designed by the manufacturer primarily for utility work and not for
recreation purposes.
Section 551A.053 prescribes the governing body of a municipality may allow
the operation of an off-highway vehicle in the corporate boundaries of a
municipality, and Section 551A.054 prescribes that a municipality may prohibit
the operation of these vehicles if the governing body of the municipality
determines the prohibition is necessary in the interest of safety. The
requirements for operation on city streets would include:
• On streets with posted speed limit of not more than 35 mph;
• A brake system maintained in good operating condition;
• An adequate muffler system in good working condition;
• A United States Forest qualified spark arrester;
• Display a lighted headlight and taillight during the period from one-half
hour after sunset to one-half hour before sunrise and at any time
visibility is reduced because of insufficient light or atmospheric
conditions;
• The vehicle exhaust system cannot have been modified with a cutout,
bypass, or similar device;
• The spark arrester cannot have been removed or modified;
• Display an OFF-HIGHWAY VEHICLE LICENSE PLATE;
Minutes Continued, January 24, 2022
• Display a slow-moving vehicle emblem if operating at speed of 24 mph
or less.
At City Council meetings held on February 22, 2021 and March 22, 2021 Police
Chief Porter addressed the serious safety concerns with the use of these
vehicles on city streets. All research clearly indicates these vehicles are not
intended for use on paved streets and authorization of such use could pose an
immediate public safety risk. After the request to place this item back on the
City Council agenda, staff again researched this issue and found five ordinances
regarding these vehicles. The City of Bayou Vista allows their use but only for
public safety, ranching/farming, and utility maintenance uses. The City of
Jamaica Beach allows the use of utility task vehicles but not all-terrain vehicles,
but the UTVs cannot exceed 25 mph. The City of Hackberry prohibited the use
of these vehicles. The City of West Orange allows the use of all-terrain/off-
road vehicles with many of the same requirements as those included in the golf
cart ordinance. The City of Azle allows the use of all-terrain/off-road vehicles
with many of the same requirements as those included in the golf cart
ordinance.
Mr. Duque stated he has not found any new research to contradict the
previously discussed safety concerns.
Councilmember Neal said he felt they were safe.
Mayor Pro Tem Austin said they drive them at work on paved streets and do
not have any problems. He felt that could be governed down not to exceed 35
mph. West Orange and Axle didn't have problems approving their ordinance
and there would have to be a learning curve for parents letting their children
drive them underage. The parents would be given the ticket.
Chief Porter said they are not safe to operate on streets and the manufacturers
say they are not safe. He felt allowing these vehicles is not in the best interest
of citizens in Nederland.
No action was necessary.
q. 2022 Election:
i. A motion was made by Councilmember Sonnier and seconded by Councilmember
Neal to approve Resolution No. 2022-03, calling for an election to be held on May
7, 2022 for the purpose of electing one (1) Mayor and two (2) City
Councilmembers; one from Ward II and one from Ward IV and appointing a Clerk
for Early Voting. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
ii. A motion was made by Mayor Pro Tem Austin and seconded by Councilmember
Neal to approve an Interlocal Agreement between the City of Nederland and the
Nederland Independent School District regarding the May 2022 election. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
Minutes Continued, January 24, 2022
5. EXECUTIVE SESSION
The regular meeting was recessed at 6:14 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.087 - Airport Development - Mid County Plaza.
6. RECONVENE
The regular meeting was reconvened at 7:13 p.m. by Mayor Albanese. He announced
the Executive Session was held for informational purposes only and no action is
necessary.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• Mr. Duque thanked the Nederland Police Department and the
Nederland School District for their response to the bomb threat.
• The Parks and Recreation Department will be launching the Veteran's
Banner Program.
• Town Hall Meeting will be January 31st at 5:30 p.m. by Facebook
Live and in person at Nederland City Hall.
Councilmember Sonnier thanked Spindletop Plumbing for repairing the damage to the
restrooms at Doornbos Park.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Councilmember Root to adjourn the meeting at 7:15 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
"t �ii y Don Albanese, Mayor
:te .. City of Nederland, Texas
Gay Fergus n, City Cler
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor V
/z,.
Talmadge Austin Council Member—Ward I
V
Billy Neal Council Member—Ward II V
Randy Sonnier Council Member—Ward III V
Sylvia Root Council Member—Ward IV
Chris Duque City Manager v
Gay Ferguson City Clerk
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance
Gary Porter Police Chief V
Terry Morton Fire Chief
Vz
Robert Woods Director of Public Works
George Wheeler Building Official
Molli Hall Librarian /
Holly Guidry Human Resources Director v
Joni Underwood Executive Secretary V
Angela Fanette Parks Director v
Do (bane e, Mayor
/ k ,01/1/
G YFer use City Clerk
January 24, 2022
Date
OON Cp
Gti
ALLISON NATHAN GETZ ,- mil, • '.1- TERRY WUENSCHEL
TAX ASSESSOR-COI.LFCTOR ;' �� '' ,y CHIEF DEPUTY
TEXAS
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 $2,942,977.68, represents all taxes collected for CITY OF NEDERLAND
during the month of December 2021.
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
ORDINANCE NO. 2022-02
AN ORDINANCE OF THE CITY COUNCIL OF
NEDERLAND, TEXAS, AUTHORIZING
PARTICIPATION WITH OTHER ENTERGY
SERVICE AREA CITIES IN MATTERS
CONCERNING ENTERGY TEXAS, INC. AT THE
PUBLIC UTILITY COMMISSION OF TEXAS IN
2022; AUTHORIZING THE HIRING OF
LAWYERS AND RATE EXPERTS; AUTHORIZING
THE CITY'S PARTICIPATION TO THE FULL
EXTENT PERMITTED BY LAW AT THE PUBLIC
UTILITY COMMISSION OF TEXAS; FINDING
THAT THE MEETING COMPLIES WITH THE
OPEN MEETINGS ACT; AND DECLARING AN
EFFECTIVE DATE
WHEREAS, Cities have exclusive original jurisdiction over rates,
operations, and services of an electric utility in areas in the municipality
pursuant to Tex. Util. Code § 33.001; and
WHEREAS, Cities have standing in each case before the Public Utility
Commission of Texas that relates to an electric utility providing service in the
municipality pursuant to Tex. Util. Code § 33.025; and
WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to
litigate rate change requests in various proceedings before the Public Utility
Commission of Texas ("Commission") or before municipalities in 2022, which
may include (1) a base rate case, (2) rate proceedings or cost adjustments
such as a transmission cost recovery rider, a distribution cost recovery rider,
generation cost recovery rider, energy efficiency cost recovery factor, or
hurricane restoration cost or offset true-ups, and (3) various fuel cost refunds
or surcharges and reconciliations; and
WHEREAS, ETI is expected to file a statement of intent to increase its
base rates with municipalities and the Commission in 2022; and
WHEREAS, ETI is scheduled to file fuel factor proceedings at the
Commission in February and August 2022, and may file other fuel proceedings
to reconcile, refund or surcharge fuel charges; and
WHEREAS, ETI is expected to file its annual proceeding with the
Commission to recover costs incurred in association with its Energy Efficiency
Plan as well as reconcile past costs; and
WHEREAS, Cities have the statutory right to set fair and reasonable
rates for both the Company and customers within Cities; and
WHEREAS, Cities are entitled to reimbursement by the utility of their
reasonable rate case expenses to participate in cases that are deemed rate
proceedings pursuant to Tex. Util. Code § 33.023.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND,TEXAS, THAT:
SECTION 1. The City of Nederland shall participate with other Cities to
intervene in ETI's various rate filings related to the various fuel cost surcharges
and reconciliations, any interim or incremental surcharge proceedings or
surcharge adjustments, and for any base rate adjustment proceedings or cost
of service adjustments on file with the Commission or with municipalities in
2022.
SECTION 2. The City of Nederland employs the Lawton Law Firm P.C.
to represent the City regarding the ETI rate matters before local regulatory
authorities and the Commission and any court of law and authorizes counsel
to employ rate experts as are recommended by the Cities'Steering Committee
to intervene in fuel or rate related proceedings at the Commission concerning
ETI's rates charged to Texas customers.
SECTION 3. All such actions shall be taken pursuant to the direction
of the Cities' Steering Committee. Cities' Steering Committee shall have
authority to retain rate consultants and lawyers. Cities' Steering Committee
shall direct the action of Cities' representatives in the above proceedings. The
Steering Committee is directed to obtain reimbursement from ETI of all
reasonable expenses associated with participation in said proceedings.
SECTION 4. The meeting at which this Ordinance was approved was
in all things conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code, Chapter 551.
SECTION 5. This Ordinance shall be effective from and after the date
of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL of the City of
Nederland, Texas, this 24TH day of JANUARY, 2022.
aunu;iu;iri/q,
Don Alb nes , Mayor
City of Nederland, Texas
•
°''A, EST
ay Fergu n, Ci y Cle
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
I!•
J-_se B apick, City Attorney
city .• Nederland, Texas
•
ORDINANCE NO. 2022-03
AN ORDINANCE ABANDONING OF
ALLEYWAYS IN THE CITY OF NEDERLAND,
JEFFERSON COUNTY, TEXAS, RETAINING
CERTAIN EASEMENTS THEREOF,
AUTHORIZING THE EXECUTION OF OTHER
DOCUMENTS NECESSARY FOR THE CLOSING
OF THE SUBJECT PROPERTY AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Checkerboard Restaurants shall own separate portions of the property
adjacent to the alleyway hereinafter described as 0.1168 acre of land adjacent to 1132
Nederland Avenue Lot 19&20, Block 23 of Town of Nederland Addition, and
WHEREAS, the Nederland Economic Development Corporation (NEDC) has petitioned
the City Council of the City of Nederland to abandon said portion of the alleyways and convey
and exchange said alleyways to the abutting property owner for economic development, and
WHEREAS, the City of Nederland agrees to abandon, and convey and exchange said
alleyways to the NEDC as shown in Exhibit"A"as attached hereto, and
WHEREAS, the City of Nederland shall retain a twenty foot (20') utility easement as
shown in Exhibit"B"as attached hereto, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS THAT:
Section 1. That the following described portion of said alleyways in the City of
Nederland, Jefferson County, Texas, be and it is hereby abandoned as a twenty (20)ft.
alleyway and retained as a twenty(20)ft. utility easement in which shall become part of
said adjacent property described herein in Exhibit "B" from the purchase thereof as
shown in Exhibit"B"
Section 2. The City of Nederland shall convey and exchange said alleyways to the
NEDC, and
Section 3.That the City of Nederland shall retain a twenty foot (20') utility easement as
shown in Exhibit"B".
Section 4. Other documents necessary for the closing of the subject property, including
but not limited to, a LICENSE TO ENCROACH, are hereby approved to finalize the
subject sale.
Section 5.This ordinance shall be effective from and after its passage.
PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Nederland on this the 24TH day of JANUARY, 2022.PonAlbanese, Mayor
.,,, aidp.4.0_,.....,_
City of Nederland, Texas
TTES T:
ay Ferg.!son, City C rk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Jess- Br. is ity Attorney
Cit of -derland, Texas
RESOLUTION 2022-03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON
SATURDAY, MAY 7, 2022; 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 7,2022 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,
2022,for the above-mentioned offices file their application to have their name placed on the ballot
with the City Clerk at Nederland 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 19, 2022, with the last day for filing to be February 18,
2022 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 Hall 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. Early voting by personal appearance at the main early voting
polling place will be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Tuesday, April 26,
2022 and Tuesday, May 4, 2022. The Early Voting Clerk may be reached by mail at P.O. Box
967, Nederland,TX 77630; by fax at 409.723.1550; by email at gferquson(a ci.nederland.tx.us; or
on the City of Nederland's website at www.ci.nederland.tx.us. 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 24th day of January,2022.
on Ibanese,Mayor
City
of Nederland,Texas
—�'C v 4 2 /ilmember
Austin, d I Councilmember Billy Neal,Ward II Coun
fndySonnier,Ward III Coun ` ember ca�rnrnber
C.)--Frys,
ATTEST: °\o 1.\:;: 4",,'.:,
ay Fergu� ity Clerk a C"t•.� �4, � fi �'`
City of Nederland,Texas <1, s ,
APPROVED AS TO FORM AND LEGALITY: J , of •`
Jess Branic C' A orney
City f Ned an ,Texas
Resoluci6n 2022-03
RESOLUCION DEL CONSEJO MUNICIPAL DE LA CIUDAD
DE NEDERLAND, TEXAS, QUE CONVOCA UNA ELECCION
GENERAL EL SABADO 7 DE MAYO DE 2022;QUE DESIGNA
EL LUGAR DE 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
PIJBLICO COMO LO EXIGE LA LEY.
EN VISTA DE QUE las!eyes del Estado de Texas y la Carta Organica de la Ciudad de
Nederland disponen que el 7 de mayo de 2022 se deberan elegir los siguientes funcionarios para
esta Ciudad:
Un(1)Alcalde
Un(1)Concejal,Distrito II
Un(1)Concejal,Distrito IV
EN VISTA DE QUE las !eyes del Estado de Texas y la Carta Organica de la Ciudad de
Nederland disponen asimismo que el C6digo Electoral del Estado de Texas se aplica a dicha
elecci6n y, a fin de cumplir con el mencionado C6digo, se deberia aprobar una resolucidn que
establezca el procedimiento a seguir en dicha elecci6n 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 ha de celebrar el primer
sabado de mayo de 2022 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) dia
previo a la elecci6n ni antes del trigesimo (30) dia previo a la fecha limite de presentaciOn de
acuerdo con las Secciones 143.006 y 143.007 del C6digo Electoral. La primera fecha para que
un candidato presente una solicitud de este tipo sera el 19 de enero de 2022,y el ultimo dia para
la presentaci6n sera el 18 de febrero de 2022 a las 5:00 p.m. La totalidad de dichas solicitudes
debera tener la forma prescrita por la Seccibn 141.031 del C6digo 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, segun to dispuesto por
la Secci6n 52.094 del C6digo Electoral.
La Ciudad de Nederland tiene un lugar de votaciOn ubicado en City Office Building, 207
N. 12th Street, Nederland, Texas. Por la presente, se autoriza e instruye al Secretario de la
Ciudad a proporcionar y entregar todos los suministros electorales necesarios para Ilevar a cabo
dicha elecci6n.
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 votacibn en el lugar de votaciOn designado anteriormente estaran
abiertas de 7:00 a.m.a 7:00 p.m.dicho Dia de Elecci6n.
Por la presente,se designa Oficial de Votacibn Anticipada a Gay Ferguson. La votacibn
anticipada de la elecciOn designada anteriormente se realizara en Nederland City Hall Office
Building,207 N. 12th Street, Nederland,Texas,y dicho lugar de votacibn anticipada permanecera
abierto durante al menos ocho(8)horas cada dia de la votaciOn anticipada que no sea sabado,
domingo ni feriado oficial del estado, a partir del decimo segundo(12.°)dia hasta el cuarto(4.°)
dia anteriores a la fecha de dicha elecci6n. Dicho lugar de votacibn se mantendra abierto en el
horario de 8:00 a.m. a 5:00 p.m. todos los dias de dicha votacibn anticipada. La votaciOn
anticipada en persona en el lugar principal de votaciOn anticipada se realizara por 12 horas
desde las 7:00 a.m. hasta las 7:00 p.m.el martes 26 de abril de 2022 y el martes 4 de mayo de
2022. Se puede contactar al Oficial de la Votacibn Anticipada por correo postal en P.O. Box 967,
Nederland, TX 77630; por fax al 409.723.1550; por correo electrOnico al
gferquson anci.nederland.tx.us; o a traves del sitio web de la Ciudad de Nederland en
www.ci.nederland.tx.us. El lugar especificado anteriormente para la votacibn anticipada tambien
es la direcci6n del Oficial de Votaci6n Anticipada a la cual se pueden enviar las solicitudes de
boleta de votacibn y las boletas de votaciOn por correo.
El Consejo de Boletas de VotaciOn Anticipada sera creado segun to dispuesto por la Sec.
87.001 del C6digo Electoral. Por medio del presente se designa a Linda Sherman comp Jueza
Presidente del Consejo de Boletas de Votacion Anticipada y se la autoriza a designar a dos(2)
funcionarios para que se desempenen en el Consejo. Por medio del presente se designa Gay
Ferguson para que se desempene como Juez Presidente de la Estaci6n Central de Conteo
segun to dispuesto en la Secci6n 127.005 del C6digo Electoral.
Dicha elecci6n se Ilevara a cabo de acuerdo con el Codigo Electoral del Estado, y
solamente los votantes habilitados residentes de dicha Ciudad seran elegibles para voter en
dicha elecciOn.
Todas las boletas de votacion seran preparadas de acuerdo con el Codigo Electoral de
Texas. Se usaran boletas de papel para la votacion anticipada por correo y como boletas de
votacion provisionales. El ExpessVote BMD con escaner DS200 se utilizara para la votaciOn
anticipada en persona y la votaciOn el Dia de Eleccibn. Por la presente, el Consejo Municipal
adopta para use en la votaciOn anticipada y la votaciOn el Dia de la Eleccion el ExpessVote BMD
con escaner DS200 conforme to aprob6 la Secretaria del Estado. Por la presente, se autorizan
todos los gastos necesarios para la realizaciOn de la elecciOn, la compra de materiales para ella
y el empleo de todos los funcionarios electorales.
El Alcalde dare aviso de esta elecciOn de acuerdo con los terminos y las disposiciones
de las Secciones 4.004, 83.010, 85.004 y 85.007 del C6digo Electoral, y todas las 6rdenes y
escritos necesarios para dicha elecciOn seran emitidos por la autoridad pertinente. Los
resultados de dicha eleccion seran entregados al Consejo Municipal inmediatamente despues
del cierre de las casillas electorales.
Se halla y determina edemas que,de acuerdo con la Orden de este organo de gobierno,
la Secretaria de la Ciudad coloc6 un aviso escrito con la fecha, el lugar y el asunto de esta
asamblea en el tablero de boletines del City Hall, un lugar conveniente y facilmente accesible
para el public()general,y dicho aviso fue colocado y permanecib colocado por al menos 72 horas
continues con anterioridad al horario de dicha asamblea.
ACEPTADA,APROBADA Y ADOPTADA este dia 24 de enero de 2022.
0
on Albanese,Alcald
Ciudad de Nederland,Texas
Talmadge Austin,Concejal del Distrito I Billy Nea,Concejal del Distrito II
•.1
dy Sonnier,Concejal del Di ito III Sy via R ,Concejal de Distrito IV
ATESTIGUA:
it �r:
Gay Fergus Secretario de a Ciudad �� `s
Ciudad de Nederland,Texas o (i tiJ =t
X ll�=
APROBADA EN CUANTO A SU FORMA Y LEGALIDAD: (iF
��r
Jesse .rani. , gado de la Ciudad
Ciudad de • rland,Texas