May 15, 2023 SPECIAL SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. May 15, 2023
1. MEETING
The special 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. EXECUTIVE SESSION
The special meeting was recessed at 4:31 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, City
Council-approved directive on Item 4.h. of the May 8, 2023 City Council meeting.
4. RECONVENE
The special meeting was reconvened at 5:12 p.m. by Mayor Albanese.
Councilmember Austin made a motion to rescind his prior Motion on Item 4.h on the
May 8, 2023 agenda, with the stipulation that the City issue a letter to the Lowery's
stating that the sewer line on their property is not a public city sewer line and that
their plumber can make the needed repairs to the line.
Mr. Lowery stated that the City took responsibility for the sewer line when the City
went on his property and attempted to repair the line. City Attorney Jesse Brick
stated that he did not agree with that statement. 7
Mayor Pro Tern Root seconded Councilmember Austin's motion. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
5.. REGULAR AGENDA
a. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Root
to approve Resolution No. 2023-10, canvassing and declaring the results of the
general election held on May 6, 2023 for the purpose of electing Nederland
Councilmembers for Ward I and Ward III. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Minutes continued, May 15, 2023
NOES: None.
b. Chris Duque, City Manager, recognized Councilman Talmadge Austin for his service on
the City Council. Councilman Austin was presented with a plaque and a 'Bulldog Way'
sign. He thanked the council for doing a good job serving the citizens and stated that
his tenure on council has been a great learning experience for him.
c. Bret Duplant, Councilmember Ward I and Randy Sonnier, Councilmember Ward III
were sworn in by Joni Underwood, City Clerk. Councilmember Duplant was sworn in
via Zoom.
d. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Root
to nominate Councilmember Sonnier as Mayor Pro Tempore in accordance with
Section 3.06 of the City Charter. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
e. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root
to approve Ordinance No. 2023-14, declaring the results for and against the
proposition regarding reauthorization of the street maintenance sales tax included on
the May 6, 2023 special election. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
f. Jeff Darby, 1515 N. 26th St., commented on the publication of City Councilmember's
City email addresses and phone numbers on the City's website. In his opinion, Mr.
Darby stated that legal changes were made in 2019 that allow anyone to comment on
any agenda item at any time. He also stated that in his opinion the City website
should display councilmember's phone numbers and email addresses in order to be in
compliance.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:33 p.m.
r
Don Albanese, Mayor
City of Nederland, Texas
ATTEST:
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Joni Jnderwood, City Clerk
City of Nederland, Texas
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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 ✓
Randy Sonnier Council Member-Ward III ✓
David Guillot Council Member-Ward IV
Chris Duque City Manager ✓
Joni Underwood City Clerk ✓
Jesse Branick City Attorney ✓
Cheryl Dowden Director of Finance t✓
Gary Porter Police Chief
Terry Morton Fire Chief ✓
Robert Woods Director of Public Works
George Wheeler Building Official ✓
Molli Hall , Librarian ✓
Holly Guidry Human Resources Director
Angela Fanette Parks Director
/ 613'71 aag0-024-)----
ion Albanese, Mayor
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Jon' nderwood, City Clerk
5- 15—a-3
Date
RESOLUTION 2023-10
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS CANVASSING THE ELECTION
RETURNS AND DECLARING THE RESULTS OF AN
ELECTION HELD ON SATURDAY, MAY 6, 2023, FOR THE
PURPOSE OF ELECTING COUNCIL MEMBERS FOR WARD I
AND WARD III.
WHEREAS, the City Council of the City of Nederland, Texas, adopted a Resolution
calling an election to be held on May 6,2023 for the purpose of electing members to serve on the
City Council of the City of Nederland,Texas,for Ward I and Ward III;and
WHEREAS,the Councilmembers for Ward I and Ward III are to be elected for a term of
three(3)years;and
WHEREAS, said election was duly held at the time and at the places specified in the
Resolution after due notice as required by law had been given:
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 municipal election scheduled for May 6,2023,was duly called and notice was given
in accordance with the law and in accordance with the Resolution calling for said election.
THAT the election was held in accordance with applicable state statutes and ordinances
of the City of Nederland,Texas,and the following votes were cast:
Councilmember Ward I
Election
Early Day
Voting Voting Total
Blaine Seymour 81 23 104
Curtis Stratton 60 25 85
Bret Duplant 251 108 359
Councilmember Ward Ill
Election
Early Day
Voting Voting Total
Randy Sonnier 306 125 431
PASSED,APPROVED AND ADOPTED this 15th day of May,2023.
Don Albanese,Mayor
City of Nederland,Texas
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ATTEST: �`` NeDe�
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Joni derwood City Clerk �. �i1 Z
City of Nederland,Texas ?2 ! •° -;
APP-OVED AS TO FORM AND LEGALITY: j'�OF 3t51,0%
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a Br_ni, ,City Attorney
.f -derland,Texas
ORDINANCE NO. 2023-14
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS,
CANVASSING THE RESULTS OF A SPECIAL
ELECTION HELD MAY 6, 2023, FOR THE
PURPOSE OF RE-AUTHORIZING THE
STREET SALES TAX
WHEREAS, on January 23, 2023 via Ordinance No. 2023-02, the City Council
of the City of Nederland, Texas (the "City") duly authorized an election to be held
within the City on May 6, 2023 for the purpose of submitting to the resident qualified
electors of the City a proposition regarding reauthorization of the street maintenance
sales tax;
WHEREAS, the City Council has investigated all matters pertaining to said
election; and,
WHEREAS, the election officers who held said election have duly made the
returns of the results thereof, and said returns have been duly delivered to this City
Council;
NOW,THEREFOE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS THAT:
Section 1. Findings
It is officially found and determined that said election was duly ordered, that
proper notice thereof was duly given, that proper election officers were duly
appointed prior to said election, that said election was duly and lawfully held,
that due returns of the results of said election have been made and delivered,
and that this City Council has duly canvassed said returns, all in accordance
with law and the Order Calling Election.
Section 2. Results Declared
It is officially found and determined that the following votes were cast as said
election on the submitted proposition by the resident qualified electors of the
City who voted at said election:
PROPOSITION
"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."
430 VOTES FOR 95 VOTES AGAINST 525 TOTAL VOTES CAST
and that the Proposition was approved by 335 votes.
Section 3. Public Meeting
It is officially found, determined, and declared that the meeting at which this
Resolution has been adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered and acted upon at
said meeting, including this Resolution, was given as required by the applicable
provisions of Texas Government Code, Chapter 551.
PASSED AND APPROVED this the 15th day of May, 2023.
MC1-6Le+ -
'on Albanese,
City of Nederland,Texas
ATTEST:
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Joni U•e ood, City Clerk ' , . �VV•O
City of Nederland,Texas = .O. %Ak 451:z=
APPROVED AS TO (FORM AN f.; LEGAILBTV: %GSL•. ;•c`��
Jess- Bra ni , City Attorney
City of ►.-derland,Texas