City Council Meeting
Regular MeetingWharton, TX · January 25, 2021
Minutes
i
I
MINUTES
OF
CITY OF WHARTON
CITY COUNCIL MEETING
JANUARY 25, 2021
Mayor Tim Barker declared a Regular Meeting duly open for the transaction of business at 7: 21
P. M at City Hall 120 E. Caney Street Wharton, TX. Councilmember Russell Machann led the
opening devotion and Mayor Tim Barker led the pledge of allegiance.
Councilmember' s present were: Mayor Tim Barker and Councilmembers Terry Freese,
Clifford Jackson, Alice Heard- Roberts, Russell Machann,
Don Mueller and Steve Schneider.
Councilmember absent was: None.
Staff members present were: City Manager Andres Garza, Jr. City Attorney Paul Webb,
Finance Director Joan Andel, City Secretary Paula Favors,
TRMC, CPM, MMC, Assistant to the City Manager
Brandi Jimenez and Community Development Director
Gwyn Teves.
Visitors present were: Kevin Coleman, Burnell Neal and Jessica Hartman with
The County Gin.
Roll Call and Excused Absences.
All Councilmembers were present.
Wharton Moment.
Public Comments.
Mayor Tim Barker called for Public Comments. No comments were made.
Public Hearing:
1. Public Hearing: Texas Community Development Block Grant Program
Mayor Tim Barker opened the Public Hearing at 7: 23 p.m. No comments were given.
Mayor Tim Barker closed the Public Hearing at 7: 24 p.m.
Review and Consider:
The first item on the agenda was to review and consider the City of Wharton Financial Report for
December 2020. Mrs. Andel stated that the TexPool balance for December was$ 201, 985. 12 with
an average
monthly yield of. 09%. She said the Prosperity Bank balance for December 2020 was
8, 038, 838. 08 with an average monthly yield of. 50%. After some discussion, Councilmember
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 2 of 27
t Russell Machann moved to approve the City of Wharton Financial Report for the month of
December 2020. Councilmember Terry Freese seconded the motion. All voted in favor.
The second item on the agenda was to review and consider a request by Mr. Philip Contreras of
Arkitecture Construction on behalf of Mr. & Mrs. Kenneth Harris, 1633 Connie St., Wharton A.
Jackson, Blk 52, Lots 5B & 5B- 1 for a 0' variance to build over property line and a 5' variance
from the required 25' front building line setback. City Manager Andres Garza, Jr. presented a
Mr. Philip Contreras of Arkitecture Construction on behalf of Mr. & Mrs.
copy of the request by
Kenneth Harris, 1633 Connie St., Wharton A. Jackson, Blk 52, Lots 5B & 5B- 1 for a 0' variance
to build over property line and a 5' variance from the required 25' front building line setback.
Community Development Director Gwyn Teves stated it was City Staff' s recommendation that
the City Council consider approving the request. After some discussion, Councilmember Don
Mueller moved to approve the request by Mr. Philip Contreras of Arkitecture Construction on
behalf of Mr. & Mrs. Kenneth Harris, 1633 Connie St., Wharton A. Jackson, Blk 52, Lots 5B &
5B- 1 for a 0' variance to build over property line and a 5' variance from the required 25' front
building line setback. Councilmember Terry Freese seconded the motion. Councilmember Alice
Heard- Roberts voted against the motion. Mayor Tim Barker and Councilmembers Clifford
Jackson, Don Mueller, Russell Machann, Terry Freese and Steve Schneider voted in favor of the
motion. The motion carried.
The third item on the agenda was to review and consider a request from the Wharton County
Recovery Team for donation by the City of Wharton for the house structure at 416 South Sheppard
Street. City Manager Andres Garza, Jr. stated the City of Wharton acquired the property and
building at 416 South Sheppard Street as part of the Colorado River Flood Reduction Project. City
Manager Garza said the Wharton County Recovery Team was requesting the house structure at
416 South Sheppard Street be donated for clients that are living in substandard conditions and the
residence had been slated for demolition if it remained on the property. Community Development
Director Gwyn Teves stated Ms. Watson of the Wharton County Recovery Team had obtained
funding to cover the relocation of the home if the City Council decided to donate the structure.
After some discussion, Councilmember Alice Heard-Roberts moved to approve the request from
the Wharton County Recovery Team for donation by the City of Wharton for the house structure
at 416 South Sheppard Street. Councilmember Terry Freese seconded the motion. All voted in
favor.
The fourth item on the agenda was to review and consider a request by the Wharton County
Recovery Team for a variance for Temporary Placement of Travel Trailer for Temporary Housing
for client. City Manager Andres Garza, Jr. stated the Wharton County Recovery Team was
requesting a temporary variance of Chapter 38- Manufactured Housing, Mobile Homes and Travel
Trailers; Article II-Requirements Concerning Mobile Homes, Manufactured Housing and Travel
Trailers; Division 3- Recreational Vehicles. Community Development Director Gwyn Teves stated
Ms. Watson of the Wharton County Recovery Team was requesting a variance allowing the
Recovery Team to place a Travel Trailer on an empty lot at the corner of Goode Street and Allen
Street as temporary housing for a client until other housing arrangements could be made. After
some discussion, Councilmember Alice Heard- Roberts moved to approve the request by the
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Page 3 of 27
Wharton County Recovery Team for a variance for Temporary Placement of Travel Trailer for
Temporary Housing for their client on an empty lot at the corner of Goode Street and Allen Street
as temporary housing until other housing arrangements could be made.
Councilmember Terry
Freese seconded the motion. All voted in favor.
The fifth item on the agenda was to review and consider a resolution of the Wharton City Council
authorizing the City Manager to purchase an EXV and two compressors for the chiller at the
Wharton Police Department and extended warranty for five years from Hunton Services through
the Choice Partners Cooperative Purchasing Program and authorizing the City Manager to execute
all documents related to said purchase. City Manager Andres Garza, Jr. presented a copy of
information regarding EXV and compressor replacements on the chiller at the Police Department.
City Manager Garza stated the current chiller was installed in 2008 when the Police Department
moved to the current building and the department had experienced numerous mechanical issues
with the chiller throughout the years and have handled the situation with a " band- aid" approach.
Finance Director Joan Andel stated on January 5, 2020, a major component ( EXV) failed along
with one of the compressors and the recommendation from Hunton Services was to replace the
EXV and two compressors. Mrs. Andel stated the quote received from Hunton Services in the
amount of$ 30,644. 00 which included a three ( 3) year warranty and also included is an extended
warranty of 5 years for$ 755. 00. She said Hunton Services was a member ofthe cooperative Choice
Partners of which the City was a member. After some discussion, Councilmember Terry Freese
moved to approve City of Wharton Resolution No. 2021- 10, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 10
A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO PURCHASE AN EXV AND TWO COMPRESSORS FOR THE CHILLER AT
THE WHARTON POLICE DEPARTMENT AND EXTENDED WARRANTY FOR FIVE YEARS
FROM HUNTON SERVICES THROUGH THE CHOICE PARTNERS COOPERATIVE
PURCHASING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS RELATED TO SAID PURCHASE.
WHEREAS, The Wharton Police Department is requesting to purchase an EXV, two compressors, and
an extended warranty for the chiller at the Police Department from Hunton Services
through the Choice Partners Cooperative Purchasing Program; and,
WHEREAS, The City of Wharton is a member of and participates in the Choice Partners Cooperative
Purchasing Program; and,
WHEREAS, The Wharton City Council wishes to authorize the City Manager to purchase an EXV and
two compressors in the amount of$30, 644. 00 and the extended warranty in the amount of
755. 00 from Hunton Services through the Choice Partners Cooperative Purchasing
Program; and,
WHEREAS, The Wharton City Council wishes to authorize the City Manager to execute the agreement
related to the purchase of the EXV, two compressors and the extended warranty.
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Minutes- January 25, 2021
Page 4 of 27
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS:
SECTION I. The Wharton City Council hereby authorizes the City Manager to purchase an EXV, two
compressors and an extended warranty for the chiller at the police department from Hunton
Services through the Choice Partners Cooperative Purchasing Program.
SECTION H. The Wharton City Council hereby authorizes the City Manager to execute the agreement
related to the purchase of the EXV, two compressors, and extended warranty.
SECTION HI. That this resolution shall become effective immediately upon its passage.
PASSED AND APPROVED this 25th day of January 2021.
CITY OF WHARTON
By:
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
Councilmember Alice Heard- Roberts seconded the motion. All voted in favor.
The sixth item on the agenda was to review and consider a resolution of the Wharton City Council
approving a Joint Election Agreement with Wharton County Elections Department for the City
Election; and authorizing the Mayor of the City of Wharton to execute the agreement. City
Manager Andres Garza, Jr. presented a copy ofthe Joint Election Agreement with Wharton County
Elections Department for the City Election, which would be held May 1, 2021. City Manager
Garza presented a draft copy of a resolution approving the agreement. City Secretary Paula Favors
stated that City Attorney Paul Webb reviewed the Joint Election Agreement and was
recommending City Council consider approving the agreement. After some discussion,
Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 11, which
read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 11
A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A JOINT
ELECTION AGREEMENT WITH WHARTON COUNTY ELECTIONS DEPARTMENT
FOR THE CITY ELECTION; AND AUTHORIZING THE MAYOR OF THE CITY OF
WHARTON TO EXECUTE THE AGREEMENT.
WHEREAS, The Wharton City Council wishes to approve the joint agreement with Wharton
County Elections Department for the City election; and,
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 5 of 27
WHEREAS, The City of Wharton and Wharton County Elections Department wishes to be
bound by the conditions set forth in the agreement; and,
WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton
to execute the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS as follows:
Section I.
That the Wharton City Council hereby approves an agreement between the City of
Wharton and Wharton County Elections Department for the City election.
Section II.
That the City of Wharton and Wharton County Elections Department are hereby
bound by the conditions set forth in the agreement.
Section III. That the Wharton City Council hereby authorizes the Mayor of the Wharton to
execute the agreement.
Section. IV.
That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this the 25th day of January 2021.
CITY OF WHARTON
By:
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
Councilmember Don Mueller seconded the motion. All voted in favor.
The seventh item on the agenda was to review and consider the City of Wharton Municipal
Election 2021: Ordinance: An ordinance ordering a City Officer's Election to be held as a joint
election with Wharton County Elections Department for the purpose of electing the positions of
Mayor and Councilmembers; Providing for the date, time and place of the election, Notice of the
Election, Filing Applications; Drawing for Ballot Positions, Use of Accessible Voting System,
Appointment of Election Workers, Early Voting and Making Election Returns.
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Minutes- January 25, 2021
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Una ordenanza ordenando una eleccion de funcionarios de la ciudad a celebrarse de forma conjunta
con el departamento de elecciones alcalde y del condado de Wharton con el proposito de elegir
puestos de concejales; asignando la fecha, Horas, Y presentacion de solicitudes, sorteo para lugares
en la balota, use de sistema de votacion accesible, Nombramiento de los trabaj adores de la
eleccion, votacion anticipada, Y entrega de los resultados de la eleccion.
City Manager Andres Garza, Jr. presented a draft copy of the ordinance, in English and Spanish
versions as required by law, ordering a City' s Officer' s Election to be held as a joint election with
the Wharton County Elections Department. City Secretary Paula Favors stated the City Council
positions that were up for election were three( 3) City Council positions, which were District No.' s
1, 3, & 5 At-Large. After some discussion, Councilmember Russell Machann moved to approve
City of Wharton Ordinance No. 2021- 02 and 2021- 02b, which read as follows:
CITY OF WHARTON, TEXAS
ORDINANCE NO. 2021- 02
AN ORDINANCE ORDERING A CITY OFFICERS ELECTION TO BE HELD AS A JOINT
ELECTION WITH WHARTON COUNTY ELECTIONS DEPARTMENT FOR THE
PURPOSE OF ELECTING THE POSITIONS OF COUNCILMEMBERS; PROVIDING
FOR THE DATE, TIME, AND PLACE OF THE ELECTION, NOTICE OF THE
ELECTION, FILING APPLICATIONS, DRAWING FOR BALLOT POSITIONS, USE OF
ACCESSIBLE VOTING SYSTEM, APPOINTMENT OF ELECTION WORKERS, EARLY
VOTING, AND MAKING ELECTION RETURNS.
BE IT ORDAINED by the City Council of the City of Wharton, Texas:
Section 32 of the City Charter provides that regular elections to elect members of the city council
shall be held on the first Saturday of May each year. At the regular election in each even-
numbered year, the voters shall elect a mayor and three councilmen. At the regular election in
each odd- numbered year, the voters shall elect three ( 3) councilmen. The mayor and councilmen
shall serve for terms and numbered places as provided in Article II of this charter. The city
council may, by ordinance or resolution, order special elections, fix the dates, give notice, and
provide all means for holding such special elections."
Joint Election
Wharton County Elections Department will be conducting the duties as described in the
Joint Election Agreement.
Position
An election shall be held in the City of Wharton, Texas, for the purpose of electing the
following officials for the City:
Councilmember- District No. 1
Councilmember- District No. 3
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Minutes- January 25, 2021
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Councilmember at Large- Place No. 5
Date
An election shall be held in the City of Wharton, Texas, on May 1, 2021.
Time
The polls shall open for voting at 7 a.m. and shall close at 7 p.m.
Location
The election shall be held at the Wharton Civic Center— Duncan Auditorium, 1924 N.
Fulton St., Wharton, Texas.
Notice of City Officers' Election
The Mayor shall cause a notice by publication of this election to be published at least
once in a newspaper that is published in the City of Wharton, Texas, and that is in the
jurisdiction of the City of Wharton, Texas, which publication shall be not earlier that the 30th
day nor later than the 10th day before election day.
The Mayor shall also give notice of the election by causing a copy of the notice of
election to be posted not later than the 21st day before election day on the bulletin board located
at the City Hall, 120 East Caney, Wharton, Texas, and used for posting notices of meetings of
the Wharton City Council. The notice shall include the location of the polling place.
Eligibility to Vote
The election shall be held in accordance with the Election Code of the State of Texas.
Only qualified resident voters of the City of Wharton, Texas, shall be eligible to vote in the
election.
Candidate Names
The City Secretary shall, in accordance with the terms and provisions of the Texas
Election Code, order the candidate names to be printed on the ballots for said General Election.
Filing
Candidates must file applications for a place on the ballot with the City Secretary of the
City of Wharton, Texas, beginning on January 13, 2021 and continuing through 5: 00 p.m. on
February 12, 2021. A declaration of write- in candidacy must be filed not later than 5: 00 P.M.
on
February 16, 2021.
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Minutes- January 25, 2021
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Candidates for City Councilmember must designate the position filed for either
Councilmember- District No. 1, Councilmember- District No. 3 or Councilmember at Large-
Place No. 5.
Drawing for Ballot Positions
On February 19, 2021 at 10: 00 a.m., a drawing will take place in the office of the City
Secretary for the purpose of determining the order of the candidates' names as they are to appear
on the ballot.
The City Secretary shall post a notice of the date, hour, and place of the drawing and this
notice shall remain posted continuously for at least 72 hours immediately preceding the
scheduled time of the drawing.
Ballots
Paper ballots shall be used for the purposes of provisional and mail-out for early voting and
provisional for election day.
Accessible Voting System
Section 61. 012 of the Texas Election Code requires that the City of Wharton must provide
at least one accessible voting system in each polling place used in a Texas election on or after
January 1, 2006. This system must comply with state and federal laws setting the requirements for
voting systems that permit voters with physical disabilities to cast a secret ballot.
The Office of the Texas Secretary of State has certified that the ExpressVote BMD voting
machines are an accessible voting system that may legally be used in Texas elections.
Sections 123. 032 and 123. 035 of the Texas Election Code authorize the acquisition of
voting systems by local political subdivisions and further mandate certain minimum requirements
for contracts relating to the acquisition of such voting systems. The City of Wharton shall lease or
rent from the County of Wharton as authorized by Section 123. 032.
The City of Wharton hereby adopts for use in Early Voting and Election Day Voting the
ExpressVote BMD voting machines as approved by the Secretary of State to comply with
HAVA requirements.
Elections Recording Management Tabulation System
The City of Wharton shall lease or rent from the County the ERM ( Elections Recording
Management) systems for tabulation purposes, if needed.
Election Officers
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Minutes- January 25, 2021
Page 9 of 27
The Wharton County Elections Department( WCED) will be responsible for the appointment
of the presiding judge and alternate judge. The following-named persons are appointed officers for
the election:
Early Voting Presiding Judge: Lorna Kaiser
Early Voting Alternate Presiding Judge:
Election Day Presiding Judge: Kevin Justin
Election Day Alternate Judge:
WCED shall arrange the training. WCED is responsible for notifying the election presiding and
alternate judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election
Code, and will take the necessary steps to insure that the presiding and alternate judges appointed are
eligible to serve. The presiding judge, with the assistance from WCED, will be responsible for
insuring the eligibility of each appointed clerk hired to assist the judge in the conduct of the election.
Early Voting
Wharton County Elections Administrator is Cindy Richter appointed early voting clerk and is
authorized to appoint other deputies to serve as early voting clerks.
The early voting by personal appearance for the above- designated election shall take place at
the Wharton County Annex D, Suite 115, E. Milam, Wharton, Texas. The place for early voting shall
remain open on each day that is not a Saturday, Sunday, or an official state holiday, between the hours
of 8 a.m. and 5 p.m., beginning on April 19, 2021 and continuing through April 23, 2021; Monday,
April 26, 2021 and continuing through Tuesday, April 27, 2021 between the hours of 7 a.m. to 7
p. m.
Voters may send ballot applications and mailed ballots to the Wharton County Elections
Administrator' s office at P. O. Box 390, Wharton, TX 77488.
Early Voting Ballot Board
An Early Voting Ballot Board is hereby established for the purpose of early voting results.
Wharton County Elections Administrator shall appoint the Presiding Judge of the Early Voting Ballot
Board. Wharton County Elections Administrator shall act as Early Voting Ballot Board Clerk.
Compensation for Election Officials and Clerks
The election officials and clerks shall be compensated in the following manner:
The Election Judge for the May 1, 2021 General Election shall be paid $9. 00 per hour. The
Election Judge shall also be paid$ 25. 00 for delivering the precinct records, keys to ballot box or
other election equipment and unused election supplies after the election.
The Alternate Judge for the May 1, 2021 General Election shall be paid $ 8. 50 per hour.
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 10 of 27
The Election Clerk(s) for the May 1, 2021 General Election shall be paid $8. 50 per hour.
Writ of Election
Wharton County Elections Administrator shall deliver to the above- appointed presiding judge for
the election not later than the 15th day before election day.
Returns
Section 41 of the City Charter provides that city elections shall be canvassed within one ( 1)
week after the election; however, pursuant to changes in the Texas Election Code, Section
67. 003, the local canvass shall convene not earlier than the third day or later than the 11 ch day
after the election day." The period for official canvass shall be from May 4 - 12, 2021. The
officers holding the election shall make returns of the results thereof to the Mayor of this City, as
required by the Election Code of the State of Texas.
Order
The City Council of the City of Wharton, Texas, shall order the election, in accordance with the
foregoing provisions.
Severability
If any court of competent jurisdiction rules that any section, subsection, sentence,
clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall
be deemed to be a separate, distinct, and independent provision, and any such ruling shall not
affect the validity of the remaining portions hereof.
Passage and Approval
PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on this
25th day of January, 2021.
CITY OF WHARTON, TEXAS ATTEST:
By:
Tim Barker Paula Favors
Mayor City Secretary
APPROVED AS:
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 11 of 27
Paul Webb
City Attorney
CIUDAD DE WHARTON, TEXAS
ORDENANZA No 2021- 02B
UNA ORDENANZA ORDENANDO UNA ELECCION DE FUNCIONARIOS DE LA
CIUDAD A CELEBRARSE DE FORMA CONJUNTA CON EL DEPARTAMENTO DE
ELECCIONES DEL CONDADO DE WHARTON CON EL PROPOSITO DE ELEGIR
PUESTOS DE CONCEJALES; ASIGNANDO LA FECHA, HORAS, Y LUGAR DE LA
ELECCION, EL AVISO DE LA ELECCION, PRESENTACION DE SOLICITUDES,
SORTEO PARA LUGARES EN LA BALOTA, USO DE SISTEMA DE VOTACION
ACCESIBLE, NOMBRAMIENTO DE LOS TRABAJADORES DE LA ELECCION,
VOTACION ANTICIPADA, Y ENTREGA DE LOS RESULTADOS DE LA ELECCION.
El Consejo Municipal de La Ciudad De Wharton, Texas, ORDENA:
La Seccion 32 de la Carta Constitutiva establece que se realicen elecciones ordinarias
para elegir concejales el primer sabado de mayo de cada aiio. En la eleccion regular de
cada aiio par, los votantes elegiran un alcalde y tres concejales. En la eleccion regular de
cada alio impar, los votantes elegiran tres ( 3) concejales. El alcalde y los concejales
desempeiiaran sus puestos durante el periodo de tiempo y en los lugares numerados segun
se establece en el Articulo II de esta carta. El consejo municipal puede, ya sea por medio
de una ordenanza o de una resolucion, ordenar elecciones especiales, fijar las fechas, dar
aviso, y ofrecer todos los medios para realizar tales elecciones especiales"
Eleccion conjunta
El Departamento de elecciones del condado de Wharton realizara las obligaciones
descritas en el Acuerdo de Eleccion Conjunta.
Puesto
Se celebrara una eleccion en la ciudad de Wharton, Texas, con el proposito de
elegir a los siguientes oficiales de la Ciudad:
Concejal - Distrito No. 1
Concejal— Distrito No. 3
Concejal de forma irrestricta— Posicion No. 5
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 12 of 27
Fecha
Se celebrara una elecci6n en la ciudad de Wharton, Texas, el 1 de mayo de 2021.
Horas
Los lugares de votaci6n abriran para votar a las 7: 00 a.m. y se cerraran a las 7: 00 p. m.
Lugar
La elecci6n se celebrara en el Auditorio Duncan del Centro Civico de Wharton,
1924 N. Fulton Street, Wharton, Texas.
Aviso de elecci6n de oficiales municipales
El Alcalde anunciara el aviso de la elecci6n mediante la publicaci6n del aviso por to
menos una vez en un peri6dico publicado en la ciudad de Wharton, Texas, y que este en la
jurisdicci6n de la ciudad de Wharton, Texas, cuya publicaci6n no sea anterior a 30 dias antes ni
posterior a 10 dias antes de la fecha del dia de la elecci6n.
El Alcalde tambien anunciara el aviso de la elecci6n mediante la publicaci6n del aviso en
el tablero de anuncios ubicado en la Alcaldia, 120 East Caney, Wharton, Texas, utilizado para
publicar los avisos de las reuniones del Concejo Municipal de Wharton no despues de 21 dias
antes de la elecci6n. El aviso contendra la ubicaci6n del lugar de la votaci6n.
Elegibilidad para votar
La elecci6n se realizara de acuerdo con el C6digo de Elecciones del estado de Texas.
Solamente los electores capacitados de la ciudad de Wharton, Texas, seran elegibles para votar
en la elecci6n.
Nombres de los candidatos
La Secretaria Municipal de acuerdo con los terminos y disposiciones del C6digo de
Elecciones del estado de Texas ordenara que los nombres de los candidatos sean impresos en las
balotas para dicha Elecci6n General.
Periodo de presentaci6n
Los candidatos deben presentar sus solicitudes para un lugar en la balota a la Secretaria
Municipal de la Ciudad de Wharton, Texas, a partir del 13 de enero de 2021
y continuando hasta
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City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 13 of 27
las 5: 00 de la tarde del 12 de febrero de 2021. La declaraci6n de solicitud de candidato anotado
se debe presentar no mas tarde de las 5: 30 de la tarde del 16 de febrero de 2021.
Los candidatos para concejales municipales deben designar el puesto al que se estan
postulando, ya sea para concejal- Distrito No. 1, concejal - Distrito No. 3, concejal - Distrito No.
5 de forma irrestricta.
Sorteo para los lugares en las balotas
El 19 de febrero de 2021, a las 10: 00 de la manana se celebrara un sorteo en las oficinas de
la Secretaria Municipal con el prop6sito de determinar el orden en que los nombres de los
candidatos se imprimiran en la balota.
La Secretaria Municipal publicara el aviso de la fecha, hora y lugar del sorteo y este aviso
debera permanecer anunciado continuamente por to mens las 72 horas inmediatamente anteriores
a la hora programada para tal sorteo
Balotas
Se usaran balotas de papel con los prop6sitos de los votos provisionales y por correo para
la votaci6n anticipada y provisionales para el dia de la elecci6n.
Sistema de votaci6n Accesible
La secci6n 61. 012 del C6digo de Elecciones de Texas requiere que la Ciudad de Wharton
debera ofrecer al menos un sistema de votaci6n accesible en cada lugar de votaci6n usado en
cualquier elecci6n de Texas a partir del P de enero de 2006. Este sistema debe de cumplir con
las leyes federales y estatales que establecen los requisitos para sistemas de votaciones para que
los votantes con discapacidades Bsicas voten en una balota secreta.
La oficina del Secretario de Texas ha certificado que las maquinas de votaci6n Express
Vote BMD son un sistema de votaci6n accesible que puede ser usado legalmente en las
elecciones de Texas.
Las secciones 123. 032 y 123. 035 del C6digo de Elecciones de Texas autorizan a las
subdivisiones politicas la adquisici6n de sistemas de votaci6n y ademas ordenan ciertos
requisitos minimos para los contratos relacionados con la adquisici6n de tales sistemas de
votaci6n. La Ciudad de Wharton arrendara o alquilara del condado de Wharton segun esta
autorizado por la secci6n 123. 032.
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City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 14 of 27
La Ciudad de Wharton por medio del presente adopta para su use en la votaci6n
anticipada y en el dia de la elecci6n las maquinas de votaci6n Express Vote BMD segun esta
aprobado por el Secretario del Estado para cumplir con los requisitos HAVA.
Sistema de Administraci6n de la Tabulaci6n de los Registros
La Ciudad de Wharton arrendara o alquilara del condado la( ERM) ( Administraci6n de
Registros de Elecciones) con los prop6sitos de tabulaci6n, si fuera necesario.
Oficiales de la elecci6n
El Departamento de Elecciones del Condado de Wharton( WCED) sera responsable del
nombramiento del juez presidente y del juez presidente alterno. Las siguientes personas
designadas son nombradas como oficiales para la elecci6n;
Juez Presidente de la Votaci6n Anticipada: Lorna Kaiser
Juez Presidente Altemo de la Votaci6n Anticipada:
Juez Presidente el Dia de la Elecci6n: Kevin Justin
Juez Presidente Alterno el Dia de la Elecci6n:
El WCED dispondra el entrenamiento. El WCED es responsable de notificar al juez presidente y
al juez presidente alterno de los requisitos del Subcapitulo C del Capitulo 32 del C6digo de
Elecciones de Texas, y tomara las medidas necesarias para asegurar que los jueces presidentes y
los jueces presidentes alternos nombrados sean elegibles para desempeiiar el cargo. El juez
presidente, con la asistencia del WCED, sera responsable de asegurar la elegibilidad de cada
secretaria nombrada para asistir al juez presidente a realizar la elecci6n.
Votaci6n anticipada
La administradora de elecciones del Condado de Wharton es Cindy Richter y queda
autorizada a nombrar a otros asistentes para desempenarse como secretarias de la votaci6n
anticipada.
La votaci6n anticipada por comparecencia personal para la elecci6n nombrada aqui arriba
se realizara en el Anexo D del Condado de Wharton, Sala 115, E. Milam, Wharton, Texas. El lugar
de votaci6n anticipada permanecera abierto cada dia que no sea sabado, domingo, o fiesta estatal
oficial, desde las 8: 00 de la manana hasta las 5: 00 de la tarde, comenzando el 19 de abril de
2021 y continuando hasta abril 23 de 2021 inclusive; el lunes 26 de abril de 2021 y continuando
el martes, 27 de abril de 2021 desde las 7: 00 de la manana a las 7: 00 de la noche.
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 15 of 27
Los votantes deben enviar las solicitudes de balotas y las balotas votadas por correo a la
oficina de la administradora de elecciones del Condado de Wharton: P. O. Box 390, Wharton,
Texas 77488.
Junta de Balotas de la Votaci6n Anticipada
Por medio del presente se establece una Junta de Balotas de la Votaci6n Anticipada con el
prop6sito de los resultados de la votaci6n anticipada. La administradora de elecciones del Condado
de Wharton nombrary al juez presidente de la Junta de Balotas de la Votaci6n Anticipada. La
administradora de elecciones del Condado de Wharton actuary como secretaria de de la Junta de
Balotas de la Votaci6n Anticipada.
Compensaci6n para los Oficiales y los Secretarios de la Elecci6n
Los oficiales y los secretarios de la elecci6n seran compensados de la siguiente forma:
El juez de la elecci6n de la elecci6n general del 1 de mayo de 2021 sery remunerado a
9. 00 por hora. El juez de la elecci6n tambien sera pagado $ 25. 00 por entregar los registros de
los precintos, las Haves de la caja de las balotas u otro equipo electoral y los suministros
electorales que no se hayan usado despues de la elecci6n.
El Juez alterno para la elecci6n general del 1 de mayo de 2021 sery remunerado a$ 8. 50
por hora.
Los secretarios de la elecci6n para la elecci6n general del 1 de mayo de 2021 seryn
remunerados a$ 8. 50 por hora.
Oficio de Elecci6n
La administradora de elecciones del Condado de Wharton entregary al arriba nombrado
juez presidente para la elecci6n no mys tarde de 15 dias antes del dia de la elecci6n.
Resultados
La Secci6n 41 de la Carta Constitutive dispone que las elecciones municipales seryn
escrutinadas durante una ( 1) semana despues de la elecci6n; sin embargo, de acuerdo con los
cambios del C6digo de Elecciones de Texas, Secc16n 67. 003, el escrutinio local se congregary no
antes del tercer dia ni mys tarde del onceavo ( 11) dia despues del dia de la elecci6n.". El periodo
para los escrutinios oficiales sery desde el 4 hasta el 12 de mayo de 2021. Los oficiales que realicen
1
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 16 of 27
la elecci6n deberan entregar los resultados de ella al alcalde de esta Ciudad, segun to requiere el
C6digo de Elecciones de Texas.
Orden
El Consejo Municipal de la Ciudad de Wharton, Texas, ordenara la elecci6n de acuerdo
con las siguientes disposiciones.
Divisibilidad
Si algin tribunal de jurisdicci6n competente dicta que cualquier secci6n, subsecci6n,
oraci6n, clausula, frase, o parte de esta orden sea invalida o inconstitucional, dicha parte sera
considerada como disposici6n separada, distinta a independiente, y dicho dictamen no afectara a
la validez de las partes restantes de esta.
Promulgaci6n y Aprobacion
PASADO Y APROBADO por El Consejo Municipal de la Ciudad de Wharton, Texas,
este dia 25 de enero de 2021.
CIUDAD DE WHARTON, TEXAS ATESTIGUACION:
Por: Por:
Tim Barker Paula Favors
Alcalde Secretaria Municipal
APROBADO:
Paul Webb
Abogado Municipal
Councilmember Terry Freese seconded the motion. All voted in favor.
The eighth item on the agenda was to review and consider a resolution ofthe Wharton City Council
approving an agreement between the City of Wharton and Borjorquez Law Firm, PLLC for
redistricting in accordance with the 2020 U.S. Census Date and authorizing the Mayor of the City
of Wharton to execute the agreement. City Manager Andres Garza, Jr. stated that based upon
Bor orquez' s prior experience with redistricting municipalities, it was reasonable to anticipate that
project costs could be
approximately $ 15, 000- $ 17, 000 for professional services fees and related
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 17 of 27
expenses, for a basic level of service with few difficulties and utilized online web meetings and
few in-person meetings. City Secretary Paula Favors stated Mr. Alan Bojorquez conducted the
2000 and the 2010 City of Wharton redistricting and the City Staff was recommending approval
for engaging the services of Bojorquez Law Firm, PLLC. After some discussion, Councilmember
Terry Freese moved to approve City of Wharton Resolution No. 2021- 12, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 12
A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN
AGREEMENT BETWEEN THE CITY OF WHARTON AND BOJORQUEZ FAW FIRM,
PLLC FOR REDISTRICTING IN ACCORDANCE WITH THE 2020 U.S. CENSUS DATA
AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE THE
AGREEMENT.
WHEREAS, The City of Wharton wishes to engage the services of Bojorquez Law Firm, PLLC
for redistricting in accordance with the 2020 U.S. Census data; and,
WHEREAS, Bojorquez Law Firm,
PLLC wishes to provide the City of Wharton with
redistricting services; and,
WHEREAS,
The City of Wharton and the Bojorquez Law Firm, PLLC wishes to be bound by
the conditions set forth in the agreement; and,
WHEREAS,
The Wharton City Council wishes to authorize the Mayor of the City of Wharton
to execute the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS as follows:
Section I.
That the Wharton City Council hereby approves an agreement between the City of
Wharton and Bojorquez Law Firm, PLLC for redistricting services.
Section II.
That the City of Wharton and Bojorquez Law Firm, PLLC are hereby bound by the
conditions set forth in the agreement.
Section III.
That the Wharton City Council hereby authorizes the Mayor of the City of Wharton
to execute the agreement.
Section IV.
That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this 25h
day of January 2021.
CITY OF WHARTON, TEXAS
By:
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 18 of 27
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
Councilmember Alice Heard-Roberts seconded the motion. All voted in favor.
The ninth item on the agenda was to review and consider the City of Wharton Information
Technology (IT) Department:
A. City Council acceptance of a grant in the amount not to exceed $ 1, 500 from the Texas
Municipal League Intergovernmental Risk Pool( TMLIRP) for the purchase of one year of
Cloud Backups through VC3.
B.
Resolution: A resolution of the Wharton City Council entering into an agreement with VC3
for cloud backup and restoration services and accepting grant reimbursement from the
Texas Municipal League Intergovernmental Risk Pool ( TMLIRP) in an amount not to
exceed $
1, 500 and authorizing the City Manager of the City of Wharton to execute all
documents related to said agreement and award.
City Manager Andres Garza, Jr. stated the Texas Municipal League Intergovernmental Risk Pool
TMLIRP) Board of Trustees had approved a Partnership Equity Return in the amount of$ 5. 5
million, recognizing the financial hardships many communities were facing due to COVID- 19 and
as part of this return, the Pool was assisting members with one the biggest threats facing
governmental entities today, cyber security. City Secretary Paula Favors stated that in partnership
with VC3, a municipal focused IT service provider with over 25 years of experience, the Pool was
offering grant funding to cover the cost of network intrusion detection and back-ups. Mrs. Favors
said the City had been selected to receive a Cyber Defense and Resiliency Services Grant in the
amount of$ 1, 500 for backup protection and restoration services that meet the minimum criteria of
the program. She said the $ 1, 500 reimbursement grant from TMLIRP would be collected after
installation and payment from the City was made. After some discussion, Councilmember Russell
Machann moved to approve City of Wharton Resolution No. 2021- 13, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021 - 13
A RESOLUTION OF THE WHARTON CITY COUNCIL ENTERING INTO AN
AGREEMENT WITH VC3 FOR CLOUD BACKUP AND RESTORATION SERVICES
AND ACCEPTING GRANT REIMBURSEMENT FROM THE TEXAS MUNICIPAL
LEAGUE INTERGOVERNMENTAL RISK POOL (TMLIRP) IN AN AMOUNT NOT TO
EXCEED $ 1, 500 AND AUTHORIZING THE CITY MANAGER OF THE CITY OF
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 19 of 27
WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT
AND AWARD.
WHEREAS, The City of Wharton City Council wishes to enter into an agreement with VC3 for
cloud backup and restoration services; and,
WHEREAS, The Wharton City Council wishes to accept a grant reimbursement from the Texas
Municipal League Intergovernmental Risk Pool ( TMLIRP) in an amount not to
exceed $ 1, 500; and,
WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of
Wharton to execute all documents relating to said funding and agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS:
SECTION I. The Wharton City Council hereby approves entering into an agreement with VC3
for cloud backup and restoration services.
City Council herebyY authorizes the Ci
SECTION II. The Wharton Ci City Manager of the City of
Wharton to execute all documents related to said funding and agreement.
SECTION III. The Wharton City Council hereby accepts a grant reimbursement from the Texas
Municipal League Intergovernmental Risk Pool ( TMLIRP) in an amount not to
exceed $ 1, 500.
SECTION IV. That this resolution shall become effective immediately upon its passage.
PASSED, APPROVED, and ADOPTED this 25th day of January 2021.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
Councilmember Terry Freese seconded the motion. All voted in favor.
The tenth item on the agenda was to review and consider a resolution of the Wharton City Council
extending the Customer- Developer Sewer Service Agreement with Muegge Family Testamentary
Trust and authorizing the Mayor of the City of Wharton to execute all documents related to said
agreement and setting an effective date. City Manager Andres Garza, Jr. stated the City of
Wharton had received a request from Mr. Eric Muegge, on behalf of the Muegge Family
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 20 of 27
Testamentary Trust, requesting an additional extension on the Customer Developer Sewer Service
Agreement entered into with the City of Wharton in February of 2016. City Manager Garza said
the City of Wharton entered into the agreement with Mr. Muegge on February 22, 2016 and the
agreement began the 3- year timeframe on May 3, 2016 after the substantial completion of the
improvements by the City of Wharton. Community Development Director Gwyn Teves stated Mr.
Muegge received an 18- month extension on the agreement on November 25, 2019 and was
requesting an extension through December 31, 2022. Mrs. Teves said the reimbursement under
the agreement was 1/ 7th of the $
g 13 000 worth of p
improvement for each Certificate of Occupancy
P Y
issued. After some discussion, Councilmember Terry Freese moved to approve City of Wharton
Resolution No. 2021- 14, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 14
A RESOLUTION OF THE WHARTON CITY COUNCIL EXTENDING THE CUSTOMER-
DEVELOPER SEWER SERVICE AGREEMENT WITH MUEGGE FAMILY
TESTAMENTARY TRUST AND AUTHORIZING THE MAYOR OF THE CITY OF
WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT AND
SETTING AN EFFECTIVE DATE.
WHEREAS, The Wharton City Council wishes to extend the Customer-Developer Sewer Service
Agreement with Muegge Family Testamentary Trust from its last extension dated
November 25, 2019 until December 31, 2022 and,
WHEREAS, The Wharton City Council understands the need for housing in the City of Wharton;
and,
WHEREAS, The City of Wharton and Muegge Family Testamentary Trust wish to be bound by
the conditions as set forth in the said agreement extension; and,
WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to
execute the Sewer Service Agreement Extension with Muegge Family Testamentary
Trust.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS as follows:
Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to
execute a Customer- Developer Sewer Service Agreement Extension with Muegge
Family Testamentary Trust.
Section II. The City of Wharton and Muegge Family Testamentary Trust are hereby bound
by the conditions as set forth in said agreement.
Section III. That this resolution shall become effective immediately upon its passage.
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 21 of 27
Passed, Approved, and Adopted this 25th day of January 2021.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
Councilmember Russell Machann seconded the motion. All voted in favor.
The eleventh item on the agenda was to review and consider a resolution of the Wharton City
Council authorizing the restrictive covenants be filed on City of Wharton properties for the Lower
Colorado River Basin Phase I, Texas, Wharton Flood Risk Management Project and authorizing
the Mayor of the City of Wharton to execute the documents. City Manager Andres Garza, Jr.
stated the City of Wharton had been working with the US Army Corps of Engineers on the
Wharton Colorado Levee Project. Community Development Director Gwyn Teves stated the City
owned several properties that were partially required for the project and it was necessary for
Restrictive Covenants be filed for the project area on these properties to designate the Levee,
Flowage and Sump and Drainage areas of the project. After some discussion, Councilmember
Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 15, which read as
follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 15
A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING RESTRICTIVE
COVENANTS BE FILED ON CITY OF WHARTON PROPERTIES FOR THE LOWER
COLORADO RIVER BASIN PHASE I, TEXAS, WHARTON FLOOD RISK MANAGEMENT
PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO
EXECUTE THE DOCUMENTS.
WHEREAS, The City of Wharton is currently coordinating with USACE on the Lower
Colorado River Basin Phase I, Texas, Wharton Flood Risk Management
Project; and,
WHEREAS, The City of Wharton has properties that are required for said project; and,
WHEREAS, The properties must have Restrictive Covenants in place for the Project Area;
and,
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 22 of 27
WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of
Wharton to execute the Restrictive Covenants.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS that:
Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton
to execute the Restrictive Covenants on the City of Wharton Properties as
needed.
Section II: This resolution will become effective immediately upon its passage.
25th
Passed, Approved, and Adopted this day of January 2021.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
M
Councilmember Terry Freese seconded the motion. All voted in favor.
The twelfth item on the agenda was to review and consider a resolution of the Wharton City
Council approving Change Order No. 3 for the HDR Work Authorization No. 1 for the City of
Wharton Levee Real Estate Support Services and authorizing the Mayor to execute all documents
related to the Change Order. City Manager Andres Garza, Jr. stated on January 8, 2021 the City
received Change Order No. 3 request from HDR for a 5. 9% increase to Work Authorization No. 1
for the City of Wharton Levee Real Estate Support Services. City Manager Garza said the
additional fee was requested for obtaining rights of entries for the extra tracts in Phase 2, mailing
of additional offer and final offer packages to heirs of property owners, additional due diligence
for title curative, and coordination with legal team. Community Development Director Gwyn
Teves stated this was an estimate and HDR would only charge for hours worked. After some
discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021-
16, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 16
A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING CHANGE ORDER NO. 3 FOR
THE HDR WORK AUTHORIZATION NO. 1 FOR THE CITY OF WHARTON LEVEE REAL ESTATE
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 23 of 27
SUPPORT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
RELATED TO THE CHANGE ORDER.
WHEREAS, The Wharton City Council wishes to approve Change Order No. 3 for the HDR Work
Authorization No. 1 for the City of Wharton Levee Real Estate Support Services; and,
WHEREAS, The additional fee is requested for obtaining rights of entries for the extra tracts in Phase 2,
mailing ofadditional offer and final offer packages to heirs of property owners, additional due
diligence for title curative, and coordination with legal team; and,
WHEREAS, The Wharton City Council wishes to authorize the Mayor to execute all documents related to
the change order.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS as follows:
Section I. The Wharton City Council hereby authorizes Change Order No. 3 for the HDR Work
Authorization No. 1 for the City of Wharton Levee Real Estate Support Services.
Section 11. The Wharton City Council hereby authorizes the Mayor to execute all documents related to
the change order.
Section III. That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this 25th day of January 2021.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
Councilmember Clifford Jackson seconded the motion. All voted in favor.
The thirteenth item on the agenda was to review and consider an update of City of Wharton Grant
Programs. City Manager Andres Garza., Jr. presented a copy of a memorandum from Community
Development Director, Gwyn Teves, providing an update on the City of Wharton Grant Programs.
After some discussion, no action was taken.
The fourteenth item on the agenda was to review and consider an update of City of Wharton on-
going Projects. City Manager Andres Garza, Jr. presented a copy of his memorandum dated
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 24 of 27
January 19, 2021 to the City Council providing an update on the City of Wharton current projects
as of December 31, 2020, which read as follows:
FLOOD REDUCTION (LEVEE) PROJECT
The U. S. Army Corp of Engineers ( USACE) Lower Colorado River Phase I Report - City of
Wharton Flood Prevention Project and Recommended report is located at the Wharton County
Library and the office of the City of Wharton City Secretary for viewing or the report may be
viewed on line at httl2:li,N N v.cityof« harton. com;'information- a- noticesilcrb- feasibility- study.
The Project Participation Agreement( PPA) has been executed. The City has begun the process to
acquire the property necessary to construct the project. The City has hired HDR for Right-of-Way
Acquisition and Jones&
Carter for City and private company utility relocations. The City through
HDR has begun the process of making offers to property owners.
DRAINAGE:
1. Stavena Addition Drainage Project.
The design and construction plans are complete. The challenge on this project is to find locations
to place approximately 35, 000 cubic yards of soil. The ideal disposal site should be close to the
project site to reduce the cost of construction. The project is listed as one to be funded with the
Texas Water Development Board ( TWDB) Program for partial assistance.
2. Ahldag Ditch Improvement.
The project was approved by the City Council. Public Works Director is currently working out
the details. The ditch improvements were proposed under the Texas General Land Office (GLO)
Infrastructure Grant Program. The City is awaiting the approval of the grant request.
3. On-going Drainage and Maintenance Program.
The Public Works Department has continued working on cleaning residential draining ditches that
have experienced poor drainage.
4. Pecan Acres ( Mahann, Kinkaid, Delmas) Drainage Project.
Installation of the drainage pipes was completed. The City Public Works Department will be
regrading ditches to improve the drainage in the area.
WATER/ SEWER IMPROVEMENTS:
1. On-going Water and Sewer Maintenance Program.
Water leaks and sewer failures are still being seen in the month of December.
2. Water Well and Water Plant Project— CR 222 ( Halford).
Halff and Associates the City' s engineering firm on the project are completing the plan and
specifications for the project. The plans and specifications have been submitted to the USDA for
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 25 of 27
review and approval.
The City Staff anticipate the project to be out for bid by the first quarter of
2021 once USDA approves the plans and specifications.
STREET IMPROVEMENTS
1. FM 1301 Extension and Overpass Project Progress Report.
IDC Inc. has submitted to TxDOT Yoakum District Office all required plans for the project. The
City Staff continues to coordinate with TxDOT to ensure the project continues to move forward.
The City Staff is working on funding for the project under the State Infrastructure Bank ( SIB)
Program.
2. I-69 Project.
The City submitted the comments as approved by the City Council to TxDOT. TxDOT has
informed the City that an engineering firm has been selected to design the project from Highway
60 to FM 961.
3. NanYa Exit Ramp Project.
TxDOT has been coordinating with NanYa and JM Eagle on the exit design.
4. 2020 City Street Improvement Project.
The City has begun the 2020 Street Improvement Project. The City of Wharton Public Works
Department has prepared approximately 75% of the streets for the Street Program. The seal
coating is expected to be completed by May 2021.
After some discussion, no action was taken.
The fifteenth item on the agenda was to review and consider appointments and resignations to the
City of Wharton Boards, Commissions and Committees:
A. Building Standards Commission.
B. Planning Commission.
C. Plumbing and Mechanical Board.
D. Housing Finance Corporation.
After some discussion, Councilmember Clifford Jackson moved to approve the following:
B. Planning Commission. Term Expiring
Brian Honeycutt— Resignation
Adraylle Watson— Appointment June 30, 2022
Councilmember Russell Machann seconded the motion. All voted in favor.
The sixteenth item on the agenda was to review and consider City Council Boards, Commissions
and Committee Reports:
City of Wharton City Council Regular Meeting
Minutes- January 25, 2021
Page 26 of 27
A. Finance Committee Meeting held January 11, 2021.
B. Wharton Economic Development Corporation Meeting held December 21, 2020.
After some discussion, no action was taken.
The seventeenth item on the agenda was to review and consider the City Manager' s Reports:
A. City Secretary/ Personnel.
B. Code Enforcement.
C. Community Services Department/ Civic Center.
D. Emergency Management.
E. E. M. S. Department.
F. Facilities Maintenance Department/ Wharton Municipal Pool.
G. Fire Department.
H. Fire Marshal.
I. Legal Department.
J. Municipal Court.
K. Police Department.
L. Public Works Department.
M. Water/ Sewer Department.
N. Weedy Lots/ Sign Ordinance.
O. Wharton Regional Airport.
After some discussion, no action was taken.
Adjournment.
There being no further discussion, Councilmember Don Mueller moved to adjourn.
Councilmember Clifford Jackson seconded the motion. All voted in favor.
The meeting adjourned at 8: 01 p.m.
CITY OF WHARTON, TEXAS
By: ' i'
TIM BARKER
Mayor
ATTEST:
City of Wharton City Council Regular Meeting
Min - January 25, 2021
P e 27 27
P A FAVORS
Ci Secretary
Mei
v
l
Agenda
CITY OF WHARTON
CITY COUNCIL MEETING
Monday, January 25, 2021
7:00 PM
CITY HALL
NOTICE OF
CITY OF WHARTON
CITY COUNCIL MEETING
Notice is hereby given that a City Council Meeting will be held on Monday, January 25,
2021 at 7:00 PM at the Wharton City Hall, 120 East Caney Street, Wharton, Texas, at which time
the following subjects will be discussed to-wit:
SEE ATTACHED AGENDA
Dated this 21st day of January 2021.
By:
Tim Barker, Mayor
I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City
Council Meeting is a true and correct copy of said Notice and that I posted a true and correct copy
of said Notice on the bulletin board, at City Hall of said City or Town in Wharton, Texas, a place
convenient and readily accessible to the general public at all times, and said Notice was posted on
January 21, 2021, at 4:30 p.m. and remained so posted continuously for at least 72 hours preceding
the scheduled time of said Meeting.
The Wharton City Hall is wheelchair accessible. Access to the building and special parking
is available at the primary entrance. Persons with disabilities, who plan to attend this meeting and
who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing
impaired, readers, or large print, are requested to contact the City Secretary's Office at (979) 532-
4811 Ext. 225 or by FAX (979) 532-0181 at least two (2) days prior to the meeting date. BRAILLE
IS NOT AVAILABLE.
Pursuant to V.T.C.A. Gov. Code Section 551.001 et seq., the City of Wharton City Council
of Wharton, Texas will hold a meeting by Teleconference on Monday, January 25, 2021 at 7:00
p.m. at City Hall, 120 E. Caney St., Wharton, Texas 77488.
Join the meeting:
https://zoom.us/j/95129624493?pwd=MXlDWjRpNHMrdHRMOWlFdml4UU1NUT09
To dial in by phone:
+1 346 248 7799 US (Houston)
877 853 5257 US Toll-free
Meeting ID: 951 2962 4493
Password: 751204
If you wish to provide comments during the Public Comments portion of the meeting,
submit an email before 3:00 p.m. Monday, January 25, 2021 to pfavors@cityofwharton.com and
provide your name, address, telephone number and the agenda item on which you wish to speak.
City Staff will send an email providing instructions for commenting during public participation
via videoconference directly to those registered to comment. The same rules apply to telephone
comments as to in-person comments. They must be no more than 3 minutes in length.
Dated this 21st day of January 2021.
CITY OF WHARTON
By:
Paula Favors
City Secretary
AGENDA
CITY OF WHARTON
City Council Meeting
Monday, January 25, 2021
City Hall - 7:00 PM
Pursuant to V.T.C.A. Gov. Code Section 551.001 et seq., the City of Wharton City Council
of Wharton, Texas will hold a meeting by Teleconference on Monday, January 25, 2021 at 7:00
p.m. at City Hall, 120 E. Caney St., Wharton, Texas 77488.
Join the meeting:
https://zoom.us/j/95129624493?pwd=MXlDWjRpNHMrdHRMOWlFdml4UU1NUT09
To dial in by phone:
+1 346 248 7799 US (Houston)
877 853 5257 US Toll-free
Meeting ID: 951 2962 4493
Password: 751204
If you wish to provide comments during the Public Comments portion of the meeting,
submit an email before 3:00 p.m. Monday, January 25, 2021 to pfavors@cityofwharton.com and
provide your name, address, telephone number and the agenda item on which you wish to speak.
City Staff will send an email providing instructions for commenting during public participation
via videoconference directly to those registered to comment. The same rules apply to telephone
comments as to in-person comments. They must be no more than 3 minutes in length.
Call to Order –Opening Devotion –Pledge of Allegiance
Roll Call and Excused Absences.
Public Comments.
Wharton Moment.
Public Hearing:
1. Public Hearing: Texas Community Development Block Grant Program.
Review and Consider:
1. City of Wharton Financial Report for December 2020.
2. Request by Mr. Philip Contreras of Arkitecture Construction on behalf of Mr. & Mrs.
Kenneth Harris, 1633 Connie St., Wharton A. Jackson, Blk 52, Lots 5B & 5B-1 for a 0’
variance to build over property line and a 5’ variance from the required 25’ front building
line setback.
3. Request from the Wharton County Recovery Team for donation by the City of Wharton
for the house structure at 416 South Sheppard Street.
4. Request by the Wharton County Recovery Team for a variance for Temporary Placement
of Travel Trailer for Temporary Housing for client.
5. Resolution: A resolution of the Wharton City Council authorizing the City Manager to
purchase an EXV and two compressors for the chiller at the Wharton Police Department
and extended warranty for five years from Hunton Services through the Choice Partners
Cooperative Purchasing Program and authorizing the City Manager to execute all
documents related to said purchase.
6. Resolution: A resolution of the Wharton City Council approving a Joint Election
Agreement with Wharton County Elections Department for the City Election; and
authorizing the Mayor of the City of Wharton to execute the agreement.
7. City of Wharton Municipal Election 2021: Ordinance: An ordinance ordering a City
Officer's Election to be held as a joint election with Wharton County Elections Department
for the purpose of electing the positions of Mayor and Councilmembers; Providing for the
date, time and place of the election, Notice of the Election, Filing Applications; Drawing
for Ballot Positions, Use of Accessible Voting System, Appointment of Election Workers,
Early Voting and Making Election Returns.
Una ordenanza ordenando una eleccion de funcionarios de la ciudad a celebrarse de
forma conjunta con el departamento de elecciones alcalde y del condado de Wharton con
el proposito de elegir puestos de concejales; asignando la fecha, Horas, Y presentacion de
solicitudes, sorteo para lugares en la balota, use de sistema de votacion accesible,
Nombramiento de los trabaj adores de la eleccion, votacion anticipada, Y entrega de los
resultados de la eleccion.
8. Resolution: A resolution of the Wharton City Council approving an agreement between
the City of Wharton and Borjorquez Law Firm, PLLC for redistricting in accordance with
the 2020 U.S. Census Date and authorizing the Mayor of the City of Wharton to execute
the agreement.
9. City of Wharton Information Technology (IT) Department:
A. City Council acceptance of a grant in the amount not to exceed $1,500 from
the Texas Municipal League Intergovernmental Risk Pool (TMLIRP) for the purchase of
one year of Cloud Backups through VC3.
B. Resolution: A resolution of the Wharton City Council entering into an
agreement with VC3 for cloud backup and restoration services and accepting grant
reimbursement from the Texas Municipal League Intergovernmental Risk Pool (TMLIRP) in
an amount not to exceed $1,500 and authorizing the City Manager of the City of Wharton to
execute all documents related to said agreement and award.
10. Resolution: A resolution of the Wharton City Council extending the Customer-Developer
Sewer Service Agreement with Muegge Family Testamentary Trust and authorizing the
Mayor of the City of Wharton to execute all documents related to said agreement and
setting an effective date.
11. Resolution: A resolution of the Wharton City Council authorizing the restrictive covenants
be filed on City of Wharton properties for the Lower Colorado River Basin Phase I, Texas,
Wharton Flood Risk Management Project and authorizing the Mayor of the City of
Wharton to execute the documents.
12. Resolution: A resolution of the Wharton City Council approving Change Order No. 3 for
the HDR Work Authorization No. 1 for the City of Wharton Levee Real Estate Support
Services and authorizing the Mayor to execute all documents related to the Change
Order.
13. Update of City of Wharton Grant Programs.
14. Update of City of Wharton on-going Projects.
15. Appointments and Resignations to the City of Wharton Boards, Commissions and
Committees:
A. Building Standards Commission.
B. Planning Commission.
C. Plumbing and Mechanical Board.
D. Housing Finance Corporation.
16. City Council Boards, Commissions and Committee Reports:
A. Finance Committee Meeting held January 11, 2021.
B. Wharton Economic Development Corporation Meeting held December 21,
2020.
17. City Manager’s Reports:
A. City Secretary/Personnel.
B. Code Enforcement.
C. Community Services Department / Civic Center.
D. Emergency Management.
E. E. M. S. Department.
F. Facilities Maintenance Department / Wharton Municipal Pool.
G. Fire Department.
H. Fire Marshal.
I. Legal Department.
J. Municipal Court.
K. Police Department.
L. Public Works Department.
M. Water / Sewer Department.
N. Weedy Lots / Sign Ordinance.
O. Wharton Regional Airport.
Adjournment.
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