January 23, 2023 1'
ti
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. January 23, 2023
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:
"PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY."
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and Pledge of Allegiance was led by Randy Sonnier, Councilmember
Ward III.
3. _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 Councilmember Sonnier and seconded by Mayor Pro Tern Root to
approve the Consent Agenda Items"a thru e" as presented. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
a. Minutes - January 9, 2023 regular meeting
b. December 2022 Departmental Reports
c. Tax Assessor Collection Report - December 2022
d. 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 limits of Nederland.
e. Consider action regarding a request from First Baptist Church to utilize Doornbos Park
for their annual Easter Fest.
4. REGULAR AGENDA
a. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot
to approve a Proclamation recognizing D.E. Sosa. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
Noes: None.
b. A motion was made by Councilmember Austin and seconded by Councilmember Guillot
to approve Resolution No. 2023-01, ratifying the action of the Nederland Economic
Development Corporation's Board of Directors in regard to the purchase of 1132
Atlanta Avenue. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
Minutes continued, January 23, 2023
1
c. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root
to approve Resolution No. 2023-02, approving the Jefferson County Hazard Mitigation
Plan Update. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
d. A motion was made by Councilmember Austin and seconded by Councilmember Guillot
to engage Griffith, Moseley, Johnson & Associates, Inc. for the grant administration
and management services associated with CDBG Disaster Recovery Funding,
Hurricane Harvey DR-4332. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
e. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root
to approve Ordinance No. 2023-01, amending the fiscal year 2022-2023 budget.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
f. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier
to re-authorizing the City of Nederland Spay and Neuter Program. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
g. A motion was made by Councilmember Austin and seconded by Councilmember Guillot
to approve Change Order No. 2 - 2021-22 Flexible Pavement Rehabilitation project.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
h. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root
to approve final payment and release of retainage for the 2021-2022 Flexible
Pavement Rehabilitation project. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
i. A motion was made by Councilmember Sonnier and seconded by Councilmember
Guillot to authorize Pacheco Koch to complete a drainage study of the North 36th
Street and North 37th Street area between Nederland Avenue and Helena Avenue.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
j. A motion was made by Councilmember Mayor Pro Tern Root and seconded by
Councilmember Guillot to reject the bid for the Doornbos Park Pond project.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
k. 2023 Elections:
i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Root to approve Resolution No. 2023-03, calling for an election to be held on
May 6, 2023 for the purpose of electing two (2) Councilmembers - one from
Ward I and one from Ward III and appointing a Clerk for Early Voting.
MOTION CARRIED.
S
Minutes continued, January 23, 2023
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
ii. A motion was made by Councilmember Sonnier and seconded by
Councilmember Guillot to approve Ordinance No. 2023-02, calling for a special
election to be held on May 6, 2023 for the purpose of the re-authorization of
the street sales tax. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
iii. A motion was made by Councilmember Sonnier and seconded by Mayor Pro
Tem Root to approve an Interlocal Agreement between the City of Nederland
and the Nederland Independent School District in regards to the May 2023
election. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Austin, Sonnier, and Guillot.
NOES: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:05 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code,
Consultation with City Attorney - Texas Government Code, Chapter 551.071,
Personnel - Texas Government Code, Chapter 551.074, Discuss personnel -
Deliberation of the Appointment, Employment, and Duties of a Public Officer or
Employee - Finance Director.
6. RECONVENE
The regular meeting was reconvened at 6:00 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:
• Nederland Heritage Festival Mixer is tomorrow at 5:30PM.
• Last week Public Works began installing the new street banners which will
stay up till Veteran's Day.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 6:02 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
/04, v,e;
.�: , ; _ Don Albanese, Mayor
Ifr{l'f:z= City of Nederland, Texas
ATTEST: �.�
lilAtdeA/APV/
Joni(ri nderwood, City Clerk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor
Talmadge Austin Council Member-Ward I
Sylvia Root Council Member-Ward II c✓
Randy Sonnier Council Member-Ward Ill ✓
David Guillot Council Member-Ward IV
Chris Duque City Manager
Joni Underwood City Clerk
Jesse Branick City Attorney ✓
Cheryl Dowden Director of Finance
Gary Porter Police Chief
Terry Morton Fire Chief
Robert Woods Director of Public Works
George Wheeler Building Official r/
Molli Hall Librarian
Holly Guidry Human Resources Director
Angela Fanette Parks Director J
ifiLdeet,,
I on Albanese, Mayor
q1Y/fti. WW1 eThiro d
Jon nderwood, City Clerk
Oika3-aoa3
Date
RESOLUTION NO. 2023-01
A RESOLUTION OF THE NEDERLAND CITY
COUNCIL 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 the purchase of 1132 Atlanta Avenue(legal description:Lt 26
BIk 18 Nederland)in an aggregate maximum amount of not more than Seventy-Three Thousand
Seven Hundred Ninety-Eight dollars ($73,798.00),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 the 23rd day of January,2023 at which meeting a quorum was present
and voting.
,0ruuut p1144,,
_a o ` % on Albanese,Mayor
=C• �� =• City of Nederland,Texas
ATTEST: '`` ° a�
'�L'CJEFf L�'
1 0muff!ttttaW
U/
Joni Un'1-rwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jes:- . ck,Cirney
Ci • Nederland,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS this the day of , 2023 at which meeting a
quorum was present and voting.
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
Joni Underwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse Branick,City Attorney
City of Nederland,Texas
RESOLUTION 2023-02
RESOLUTION FOR CITY OF NEDERLAND
APPROVAL OF HAZARD MITIGATION PLAN
WHEREAS,natural hazards in the City of Nederland area historically have caused
significant disasters with losses of life and property and natural resources damage;and
WHEREAS,the Federal Disaster Mitigation Act of 2000 and Federal Emergency
Management Agency(FEMA)require communities to adopt a hazard mitigation action plan to
be eligible for the full range of pre-disaster and post-disaster federal funding for mitigation
purposes;and
WHEREAS, FEMA requires that communities update hazard mitigation action plans
every five years in order to be eligible for the full range of pre-disaster and post-disaster federal
funding for mitigation purposes;and
WHEREAS,the City of Nederland has assessed the community's potential risks and
hazards and is committed to planning for a sustainable community and reducing the long-term
consequences of natural and man-caused hazards;and
WHEREAS,the Jefferson County Hazard Mitigation Plan outlines a mitigation vision,
goals and objectives;assesses risk from a range of hazards;and identifies risk reduction
strategies and actions for hazards that threaten the community.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Jefferson County Hazard Mitigation Plan is approved in its entirety;
2. The City of Nederland will pursue available funding opportunities for implementation of
the proposals designated therein,and will,upon receipt of such funding or other
necessary resources,seek to implement the actions contained in the mitigation strategies;
3. The City of Nederland vests with the Mayor the responsibility,authority,and means to
inform all parties of this action;assure that the Hazard Mitigation Plan will be reviewed
at least annually;and that any needed adjustments will be presented to the City Council
for consideration;and
4. The City of Nederland to take such other action as may be reasonably necessary to carry
out the objectives of the Plan and report on progress as required by FEMA and the Texas
Division of Emergency Management(TDEM).
ADOPTED this ,2,3 day of Jan UsA-9 2023.
ilfe"---j(-4-1-'4&-z-9-------
Don Albanese,Mayor
;,,ollnlnunuro,,r City of Nederland,Texas
\ ac NE/
;3
ATTEST: 'y'•- \7{'
Alci=,,
u �Ulc "-,:%:•:- >-,•, ri. •
l�-- , ---
Joni Uncle good,City Clerk % ••
City of Nederland,Texas °<, 1��„ '
rl IIIIIIIt
APPROVED AS TO FORM AND LEGALITY:
Jes:- : . is ,City Attorney
Ci s ''Nederland,Texas
ORDINANCE NO.2023-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2022-
2023 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2022-22 which adopted
the Fiscal Year 2022-2023 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 2022-2023 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2023 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2022 and ending September 30,2023,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 BYTHE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2022-2023 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
REGULAR MEETING THIS THE 23rd DAY OF JANUARY,2023*r' a
'bon Albanese,Mayor
„ol,"""r/
` 'rrn,, City of Nederland,Texas
ATTEST: "...L1`i'/
,C I
hitd
Joni Und wood,City Clerk C
ate;
APPROVED AS TO FORM AND LEGALITf7f"! to""
Jess- :ranic ,C ty Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2022-2023
DATE: January 23, 2023
DEPARTMENT: Various
FUND: General (01)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-1300-6110 Salaries&Wages 366,532 (31,501) 335,031
01-5100-6110 Salaries&Wages 229,858 20,031 249,889
01-5100-6121 Group Insurance 44,844 8,950 53,794
01-5100-6124 TMRS 18,362 740 19,102
01-5100-6126 Social Security 23,180 1,532 24,712
01-5100-6128 Worker's Compensation 4,974 248 5,222
s
TOTAL 687,750 - 687,750
JUSTIFICATION
Funds are moved from the City Manager Department's salary line-items to the Parks Department's salary line-
items to faciliate establishment of a 3rd full-time maintenance worker position.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
RESOLUTION 2023-03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS CALLING A GENERAL ELECTION ON
SATURDAY, MAY 6, 2023; 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 6,2023 there shall be elected the following officials for this City:
One(1)Council member,Ward I
One(1)Council member,Ward Ill
WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland
further provide that the Election Code of the State of Texas is applicable to said election, and in
order to comply with said Code, a resolution should be passed establishing the procedure to be
followed in said election,and designating the voting place for said election.
NOW,THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND,TEXAS:
That all independent candidates at the election to be held on the first Saturday in May,
2023,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 18,2023,with the last day for filing to be February 17,
2023 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.
Joni Underwood 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. 12''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 25,
2023 and Tuesday, May 2,2023. 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 iunderwoodci.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. Joni Underwood 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 23r. .ay of January,2023.
io 'ba ese,Mayor
.4City of Nederland,Te.--
/ �°
Talmadge Aus ,Ward I Councilmember Sylvia y.t,Ward II Coun'ilmember
andy Sonnier,Ward III Counci member avid�Ward IV Councilmember
ti�t;1i61 q,t1!?IJJI1�
ATTEST: °'r
t UA 41JI�YdD�I �'ll� •�( e
gyp=
Joni Und,Orwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY: ', O..�F�F •�°\
..1,lnnunut t'
Jess- ck, fAttorney
City. -derland,Texas
Resolucion 2023-03
RESOLUCION DEL CONSEJO MUNICIPAL DE LA CIUDAD
DE NEDERLAND, TEXAS, QUE CONVOCA UNA ELECCION
GENERAL EL SABADO 6 DE MAYO DE 2023;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
PUBLICO COMO LO EXIGE LA LEY.
EN VISTA DE QUE las leyes del Estado de Texas y la Carta Organica de la Ciudad de
Nederland disponen que el 6 de mayo de 2023 se deberan elegir los siguientes funcionarios para
esta Ciudad:
Un(1)Concejal,Distrito I
Un(1)Concejal,Distrito Ill
EN VISTA DE QUE las Jeyes del Estado de Texas y la Carta Organica de la Ciudad de
Nederland disponen asimismo que el Codigo Electoral del Estado de Texas se aplica a dicha
eleccion y, a fin de cumplir con el mencionado Codigo, se deberla aprobar una resolucion que
establezca el procedimiento a seguir en dicha eleccion y que designe el lugar de votacion para
ella.
AHORA, POR LO TANTO, EL CONSEJO MUNICIPAL DE LA CIUDAD DE
NEDERLAND,TEXAS,RESUELVE Y ORDENA:
Que todos los candidatos independientes de la elecciOn que se ha de celebrar el primer
sabado de mayo de 2023 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 eleccion ni antes del trigesimo (30) dia previo a la fecha Ifmite 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 18 de enero de 2023,y el ultimo dia para
la presentaciOn sera el 17 de febrero de 2023 a las 5:00 p.m. La totalidad de dichas solicitudes
debera tener la forma prescrita por la Seccion 141.031 del Codigo Electoral.
El orden en que los nombres de los candidatos se han de imprimir en la boleta se
determinara mediante un sorteo que realizara el Secretario de la Ciudad,segun to dispuesto por
la Seccion 52.094 del Codigo 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 elecciOn.
Linda Sherman se desempenara como Jueza Presidente y Ron Sherman se
desempenara como Juez Presidente Alterno,y la Jueza Presidente designara a los funcionarios
de la eleccion en una cantidad que no supere los siete(7).
Las casillas de votacion en el lugar de votacion designado anteriormente estaran
abiertas de 7:00 a.m.a 7:00 p.m.dicho Dia de ElecciOn.
Por la presente, se designa Oficial de Votacion Anticipada a Joni Underwood. La
votacion anticipada de la eleccion designada anteriormente se realizara en Nederland City Hall
Office Building, 207 N. 12th Street, Nederland, Texas, y dicho lugar de votacion anticipada
permanecera abierto durante al menos ocho(8)horas cada dfa de la votacion anticipada que no
sea sabado,domingo ni feriado oficial del estado,a partir del decimo segundo(12.°)dfa hasta el
cuarto(4.°)dia anteriores a la fecha de dicha eleccion. Dicho lugar de votacion se mantendra
abierto en el horario de 8:00 a.m. a 5:00 p.m. todos los dlas de dicha votacion 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 25 de abril de 2023 y el martes 2 de
mayo de 2023. Se puede contactar al Oficial de la Votacion Anticipada por correo postal en P.O.
Box 967, Nederland, TX 77630; por fax al 409.723.1550; por correo electronico al
junderwoodci.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 votacion anticipada tambfen
es la direccion del Oficial de Votacion Anticipada a la cual se pueden enviar las solicitudes de
boleta de votacion 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 Codigo Electoral. Por medio del presente se designa a Linda Sherman como 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 Joni
Underwood para que se desempene como Juez Presidente de la Estacion Central de Conteo
segun lo dispuesto en la Seccion 127.005 del Codigo Electoral.
Dicha eleccion se Ilevara a cabo de acuerdo con el Codigo Electoral del Estado, y
solamente los votantes habilitados residentes de dicha Ciudad seran elegibles para votar 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 Dfa de Eleccion. 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 lo aprobo la Secretaria del Estado. Por Ia presente,se autorizan
todos los gastos necesarios para la realizacion de Ia elecciOn,la compra de materiales para ella
y el empleo de todos los funcionarios electorales.
El Alcalde dara 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 Codigo Electoral, y todas las ordenes y
escritos necesarios para dicha elecciOn seran emitidos por Ia autoridad pertinente. Los
resultados de dicha eleccion seran entregados al Consejo Municipal inmediatamente despues
del cierre de las casillas electorales.
Se halla y determina ademas que,de acuerdo con fa orden de este organo de gobierno,
la Secretaria de la Ciudad coloco 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 publico general,y dicho aviso fue colocado y permanecio colocado por al menos 72 horas
continuas con anterioridad al horario de dicha asamblea.
ACEPTADA,APROBADA Y ADOPTADA este dla 23 de enero de 2023.
on aper,Alcalde ���
Ciudad de Nederlan• -xas
.41
Talmadge Au n,Concejal del Distrito I Sylvia,-oot,Conceja :el Distri/}o I I
andy Sonnier,Concejal Distrito III David Guillot,Concejal del Distrito IV
,�usrrnrn+rn;;, I.
pF . ,
ATESTIGUA: y .. �p
ff eeww� �II^^^^�ryry . '
UU� KJDud 1/41 . Y
Joni U erwcod,Secretario de la Ciudad .� "± `;
Ciudad de Nederland,Texas �A3
OF
APROBADA EN CUANTO A SU FORMA Y LEGALIDAD:
Jess: Bra i bogado de la Ciudad
Ciud-d de ederland,Texas
CITY OF NEDERLAND
ORDINANCE NO. 2023-02
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS, CALLING A SPECIAL
ELECTION ON SATURDAY, MAY 6, 2023;
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 6th day of
May, 2023,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. Joni Underwood 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 25, 2023 and Tuesday, May 2,2023. 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. Joni Underwood 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 23rd day of January _,2023.
Pro-c-f
Don Albanese,Mayor
City of Nederland,Texas
(115-7:,4;
?9
Talmadge A It n,Ward I Councilmember Sylvia ot,Ward II Co cilmember
andy Sonnier,Ward Ill Coun 'member David Guillot,Ward IV Councilmember
ATTEST: \`\` F t46,0,1:
Joni Und=T ood,City Clerkc".%
City of Nederland,TexasG,a.
APPROVED AS TO FORM AND LEGALITY: r�4r„ar:•k4`
u ,
Jess- Br•,ni , City Attorney
Cit,of (ederland,Texas
i
INTERLOCAL GOVERNMENT AGREEMENT
This agreement is made this 23rd day of January, 2023 by and between the City
of Nederland ("the City"), and the Nederland Independent School District ("NISD").
WHEREAS, the City of Nederland, and Nederland ISD, will conduct their general
election on May 6, 2023; and,
WHEREAS, Section 11.0581 of the Education Code requires that an election for
trustees of an independent school district that is held on the same date as an election for
the members of the governing body of a municipality located in the school district shall
be held as a joint election under Chapter 271, Election Code; and,
WHEREAS, the City, and NISD and will hold elections on the same day; and,
WHEREAS, the parties to this agreement will comply with the Education Code,
Section 11.0581, by conducting a joint election and insure that the election be held that
is cost effective and convenient for the voters of the entities;
NOW,THEREFORE, IT IS AGREED that a joint election will be held by the City,
and NISD under the following terms and conditions, and the parties hereto agree with
said conditions:
1. That there shall be a ballot(s) that contains all appropriate races and
propositions available for qualified voters of the two entities.
2. That there shall be one set of voting equipment to be used at the common
polling place.
3. That election forms to be used and records to be maintained be combined
in a manner convenient and adequate to record and report the results of
the election for the City, and NISD.
4. That the joint tabulation of the precinct results shall be in a manner to
facilitate the independent canvass of returns by the two entities.
5. That each entity shall be responsible for the preparation, publication and
Spanish translation of its own Notice of Election, Order of Election, and
ballots.
6. That the implementation, conduct and management of said election shall
be by the City Clerk, City of Nederland. The City Clerk is hereby
designated as the Chief Election Official and Early Voting Clerk for the
two entities for the election to be held on May 6, 2023. The
implementation, conduct and management of the election shall include,
but not be limited to:
a. The securing of qualified individuals to serve as election judges for
the polling place. Each entity's election order shall designate the
joint election judges.
b. Providing Nederland City Hall, 207 N. 12th Street, as the polling
location.
c. The securing of the election materials and supplies requisite to the
proper administration of the elections, and the programming and
preparation of the voting equipment to be used in the election.
d. The City Clerk will be responsible for the conduct of joint early
voting by personal appearance and by mail, with the Nederland
City Hall serving as the location for early voting by personal
appearance.
7. The amount to be paid by NISD to the City for services rendered by the
City of Nederland in the May 6, 2023, election is:
a. City of Nederland will first fund all costs in full, other than the
publication of each entity's Notice of Election.
b. NISD will reimburse the City of Nederland within 30 days after
Election Day for certain costs as follows:
One-half(1/2) of the cost of early voting.
One-half (1/2) of the cost of publication of all jointly required
notices.
One-half (1/2) of the costs of programming, election supplies,
election worker training session, Presiding Judge, Alternate
Presiding Judge, and Election Day Clerks, Early Voting Ballot
Board, Central Counting Station, and any other required election
services or materials.
It is agreed upon that the voting equipment purchased by the City
of Nederland and NISD shall be owned jointly and will stored by
the City of Nederland. Annual maintenance costs shall be shared
between the two entities equally.
c. In the event that one entity is allowed to cancel their election, the
election will be solely funded by the remaining entity. The election
equipment shall be used by City of Nederland and/or NISD for
joint or sole entity elections.
8. The financial obligations of the parties under this agreement are payable
from current revenues of the respective parties that have been budgeted
and appropriated for the purpose set forth herein.
9. That the undersigned are the duly authorized representatives of the
parties' governing bodies, and their signatures represent adoption and
acceptance of the terms and conditions of this agreement.
PASSED AND APPROVED by the City Council of the City of Nederland on this
. the 23rd day of January, 2023.
on Atbatrese, Mayor
City of Nederland, Texas
ATTEST:
, Mk/Wad
Joni U Ts erwood, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
•
- v
Jess- : _ k,, it� rney
City derland, Texas
PASSED AND APPROVED by the Board of Trustees of the Nederland
Independent School District on this 96th day of January, 2023.
Nederland Independent School District