Muyni
← Back to Wharton

City Council Meeting

Regular Meeting

Wharton, TX · January 25, 2021

AgendaMinutes

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 City of Wharton City Council Regular Meeting Minutes- January 25, 2021 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. City of Wharton City Council Regular Meeting 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. i City of Wharton City Council Regular Meeting Minutes- January 25, 2021 Page 6 of 27 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 City of Wharton City Council Regular Meeting Minutes- January 25, 2021 Page 7 of 27 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. City of Wharton City Council Regular Meeting Minutes- January 25, 2021 Page 8 of 27 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 City of Wharton City Council Regular Meeting 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 i 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. i 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.

Get email alerts for Wharton

A daily email when new agendas and minutes are posted.

Report an issue with this meeting