City Council Regular Meeting

MINUTES OF CITY OF WHARTON REGULAR CITY COUNCIL MEETING MARCH 8, 2021 Mayor Tim Barker declared a Regular Meeting duly open for the transaction of business at 7: 00 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, Alice Heard- Roberts, Clifford Jackson, 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, Emergency Management Coordinator Steve Johnson, EMS Director John Kowalik and Community Development Director Gwyn Teves. Visitors present were; Jessica Hartman with The County Gin and via zoom Gerard Scranton and Albert Villegas, with the Wharton Journal Spectator. Roll Call and Excused Absences. All members were present. Public Comments. Mayor Tim Barker called for Public Comments. No comments were made. Wharton Moment. Mayor Tim Barker called for Wharton Moments. Councilmember Clifford Jackson commended the Wharton Police Department for their help in assisting a gentleman back to this family. Review and Consider: Pie first item on the agenda was to review and consider reading of the minutes from the regular meetings held February 8, 2021 and February 22, 2021 and special meetings held February 8, 2021 and February 22, 2021 After some discussion, Councilmember Russell Machann moved to approve reading of the minutes from the regular meetings held February 8, 2021 and February 22, 2021 and special meetings held February 8, 2021 and February 22, 2021. Councilmember Don Mueller seconded the motion. All voted in favor. City of Wharton City Council Meeting Minutes- March 8, 2021 Page 2 of 20 The second item on the agenda was to review and consider the Covid- 19 Update. EMS Director John Kowalik presented a report on the City of Wharton EMS Department' s calls for service that involved COVIN- 19 patients and changes made within the department to help combat the spread of the virus. Emergency Management Coordinator Steve Johnson presented a COVID- 19 update for the City of Wharton and discussed the positivity rate, testing and vaccinations within the City. No action was taken. The third item on the agenda was to review and consider a resolution ofthe Wharton City Council ratifying temporary utility billing changes in reference to the Proclamation Declaration of Disaster as signed by the Mayor of the City of Wharton on February 15, 2021 and authorizing the City Manager or his designee of the City of Wharton to approve all adjustments as authorized by this resolution. City Manager Andres Garza, Jr. stated Finance Director Joan Andel addressed the City Council at the meeting on February 22, 2021 during the item of the disaster declaration on the items that would be brought to the City Council for ratification regarding the utility services and the winter storm event. Mrs. Andel stated the items were: 1. No late fees to be assessed in the month of February for any utility services for payments due on February 15, 2021. 2. No disconnections for non-payment in the month of February 2021. 3. All adjustments due to busted pipes or leaks resulting from the winter storm will follow established utility adjustment procedures. 4. Sewer averaging performed in the month of March to be effective with the March 31, 2021 billing will be based on water usage from the months of December 2020 and January 2021. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 28, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 28 A RESOLUTION OF THE WHARTON CITY COUNCIL RATIFYING TEMPORARY UTILITY BILLING CHANGES IN REFERENCE TO THE PROCLAMATION DECLARATION OF DISASTER AS SIGNED BY THE MAYOR OF THE CITY OF WHARTON ON FEBRUARY 15, 2021 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE OF THE CITY OF WHARTON TO APPROVE ALL ADJUSTMENTS AS AUTHORIZED BY THIS RESOLUTION. WHEREAS, The City of Wharton City Council wishes to ratify the following utility billing changes, with utility services received from January 20, 2021 thru February 22, 2021 in reference to the Proclamation Declaration of Disaster as signed by the Mayor of the City of Wharton on February 15, 2021: 1. No late fees will be assessed in the month of February for any utility services for payments due on February 15, 2021, 2. No disconnections for non-payment in the month of February 2021, 3. All adjustments due to busted pipes or leaks resulting from the Winter Storm will follow established utility adjustment procedures, City of Wharton City Council Meeting Minutes- March 8, 2021 Page 3 of 20 4. Sewer averaging performed in the month of March to be effective with the March 31, 2021 billing will utilize the months of December and January for the calculation, and, WJIEREAS, The Wharton City Council wishes to authorize the City Manager or his designee of the City of Wharton to approve all adjustments as authorized by this resolution. BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby ratifies the following utility billing changes, with utility services received from January 20, 2021 thru February 22, 2021 in reference to the Proclamation Declaration of Disaster as signed by the Mayor of the City of Wharton on February 15, 2021: l) No late fees will be assessed in the month of February for any utility services for payments due on February 15, 2021, 2) No disconnections for non-payment in the month of February 2021, 3) All adjustments due to busted pipes or leaks resulting from the Winter Storm will follow established utility adjustment procedures, 4) Sewer averaging performed in the month of March to be effective with the March 31, 2021 billing will utilize the months of December and January for the calculation, and, SECTION II. The Wharton arton Ci Council hereby authorizes the City Manager or his designee ofthe City of Wharton to approve all adjustments as authorized by this resolution. SECTION 111. That this resolution shall become effective immediately upon its passage. SASSED, APPROVED, and ADOPTED this 8th day of March 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor AT'T' EST; PAULA FAVORS City Secretary City of Wharton City Council Meeting Minutes- March 8, 2021 Page 4 of 20 Councilmember Don Mueller seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a resolution ofthe Wharton City Council approving the Substantial Completion Certificate Agreement and the Closeout Proposal between the City of Wharton and Pepco Energy Service/Constellation for the Energy Conservation Project and authorizing the Mayor of the City of Wharton to execute all documents related to said project. City Manager Andres Garza, Jr. stated on December 14, 2015, the Wharton City Council approved a contract with Pepco Energy Services, now Constellation Energy, for energy conservation measures for the City of Wharton facilities. City Manager Garza said the project was approved for 1, 565, 082 and was financed thru the Qualified Energy Conservation Bonds thru the Government Capital Corporation and the contract encompassed several utility cost reduction measures UCRM' s) at the various City locations. Finance Director Joan Andel stated that there were two UCRM' s that were included in the contract that were not done: 1. Sewer Treatment Plant New Vi~D 2. Demand Response— Civic Center There have been two payments made to Pepco totaling 837,406.23 for projects that were completed as ofMay 4, 2017. Mrs. Andel said that Constellation Energy had provided a Closeout Proposal eliminating the two UCRM' s not done, taking into consideration the debt payments made by the City, the implementation of the energy savings that had been recognized by the City, and the escrow balance. She said the escrow account had been closed and the City had received a check in the amount of$811, 416.39 of which$ 509, 176.06 was due to Constellation Energy for services rendered, with the City depositing the remaining 302,240.33. City Manager Garza stated the proposal also had a revised savings guarantee based on eleven years in the`anmount of$ 1, 132,604 and this amount would be verified annually and if the City did not realize the savings listed per year, Constellation Energy would have to pay the City of Whartonblower issueson the difference. # He said that the project was complete with the exception of warranty 3 at the Waste Water Treatment Plant and final commissioning of the plant. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 29, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 29 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE SU13STANTIAL COMPLETION CERTIFICATE AGREEMENT AND THE CLOSEOUT PROPOSAL BETWEEN THE CITY OF WHARTON AND PEPCO ENERGY SERVICES/CONSTELLATION FOR THE ENERGY CONSERVATION PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PROJECT. WHEREAS, The Wharton City Council wishes to approve the substantial completion certificate and the closeout proposal for services of Pepco Energy/Constellation for the energy conservation project; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the agreement. City of Wharton City Council Meeting Minutes- March 8, 2021 Page 5 of 20 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 the substantial completion certificate agreement for the services of Pepco Energy Services/Constellation for the energy conservation project. Section Il. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 8th day of March 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 .fifth item on the agenda was to review and consider a resolution ofthe Wharton City Council 4pproving an amendment to the Contract Services Agreement for Janitorial Services between the City of W_ harton' and' Foreclosure Cleaning& Maintenance, LLC and authorizing the Mayor ofthe City of Wharton to execute all documents related to the agreement on behalf of the City of Wharton. City Manager Andres Garza, Jr. stated the Contract Services Agreement for Janitorial Services between the City of Wharton and Foreclosure Cleaning& Maintenance, LLC expired on November 16, 2020. Assistant to the City Manager Brandi Jimenez stated the City Staff was recommending to renew the contract and that the contract could be renewable annually upon mutual agreement of both parties. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 30, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 30 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN AMENDMENT' TO THE CONTRACT SERVICES AGREEMENT FOR JANITORIAL SERVICES BETWEEN THE CITY OF WHARTON AND FORECLOSURE CLEANING City of Wharton City Council Meeting Minutes- March 8, 2021 Page 6 of 20 MAINTENANCE, LLC AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO THE AGREEMENT ON BEHALF OF THE CITY OF WHARTON. WHEREAS, The Contract Services Agreement for Janitorial Services between the City ofWharton and Foreclosure Cleaning & Maintenance, LLC P expired on November 16 2020 and could be renewed for two ( 2) additional one ( 1)- year periods upon mutual consent between both parties; and, WHEREAS, The Wharton City Council wishes to amend the Contract Services Agreement for Janitorial Services between the City of Wharton and Foreclosure Cleaning & Maintenance, LLC to be renewable annually upon mutual agreement of both parties; and, WHEREAS, The City of Wharton and Foreclosure Cleaning & Maintenance, LLC wishes to be bound by the conditions as 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 to amend the Contract Services Agreement for Janitorial Services between the City of Wharton and Foreclosure Cleaning & Maintenance, LLC to be renewable annually upon mutual agreement of both parties. Section II. That the Wharton City Council hereby authorizes the Mayor ofthe City of Wharton to execute the contract. Section IIT. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 8h day of March 2021. CITY OF WHARTON By: TIM BARKER Mayor ATTEST; City of Wharton City Council Meeting Minutes- March 8, 2021 Page 7 of 20 PAULA FAVORS_ City Secretary Councilmember Russell Machann seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider an ordinance amending Ordinance No. 2019- 12, Ordinance No. 2019- 14, Ordinance No. 2020-07 and Ordinance No. 2020-21 pertaining to declaring a public necessity for rights of entry and/or acquisition for a public purpose, namely for geotechnical studies, appraisal, surveying, environmental assessments and borings and/or acquisition for the Lower Colorado River Basin Phase I and Phase II, Texas, Wharton Flood Risk Management Project; in accordance with the authority granted in this ordinance. City Manager Andres Garza, Jr. stated the City of Wharton had adopted Ordinance No. 2019- 12, Ordinance No. 2019- 14, Ordinance No. 2020- 07 and Ordinance No. 2020-21 pertaining to declaring a public necessity for rights of entry and/ or acquisition for a public purpose, namely for geotechnical studies, appraisal, surveying, environmental assessments and borings and/ or acquisition for The Lower Colorado River Basin Phase I and Phase II, Texas, Wharton Flood Risk Management Project. Community Development Director Gwyn Teves stated the above ordinances need to be amended to include additional Special Legal Counsel of Winstead P.C. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Ordinance No. 2021- 04, which read as follows: CITY OF WHARTON ORDINANCE NO. 2021- 04 AN ORDINANCE AMENDING ORDINANCE NO. 2019- 12, ORDINANCE NO. 2019- 149 ORDINANCE NO. 2020- 07 AND ORDINANCE NO. 2020- 21 PERTAINING TO DECLARING A PUBLIC NECESSITY FOR RIGHTS OF ENTRY AND/OR ACQUISITION FOR A PUBLIC PURPOSE, NAMELY FOR GEOTECHNICAL STUDIES,: APPRAISAI SURVEYING, ENVIRONMENTAL ASSESSMENTS AND BORIIVGl$AND/ OR ACQUISITION FOR THE LOWER COLORADO RIVER BASIN PHASE I AND PHASE II, TEXAS, WHARTON FLOOD RISK MANAGEMENT PROJECT; IN ACCORDANCE WITH THE AUTHORITY GRANTED IN THIS ORDINANCE, WHEREAS, The City Council wishes to amend Section I and Section II of the above referenced ordinances to include the additional Special Legal Counsel of Winstead PC; and WHEREAS, As set forth herein, Section I and Section II are amended as follows. L IT ORDAINED BY THE WHARTON CITY COUNCIL that: City of Wharton City Council Meeting Minutes- March 8, 2021 Page 8 of 20 SECTION I. AUTHORIZATION. The City Attorney, Paul Webb, and the Special Legal Counsel of the City, Davidson, Troilo, Ream & Garza P. C., and Special Legal Counsel of the City, Winstead P. C. is hereby authorized and funded to prepare appropriate legal documents and enter appropriate negotiations for the acquisition of the properties described in Exhibit" A". Failing such final attempt at negotiation, Special Legal Counsel is hereby authorized to initiate eminent domain condemnation proceedings in a court of competent jurisdiction in Wharton County, Texas on behalf of the City to obtain fee simple ownership of said parcel(s). Additionally, Special Legal Counsel is authorized to retain the professional services of an appraiser, to value the subject tract( s). SECTION II. PUBLIC NECESSITY The City Council of Wharton, Wharton County, Texas, declares that a public necessity exists for the City of Wharton to acquire the real property located in Wharton County, Texas, and described in Exhibit" A" attached hereto and Made a part hereof. The City Attorney, Paul Webb, and Special Legal Counsel, Davidson, Troilo, Ream & Garza P. C., and Special Legal Counsel Winstead P:C. are hereby directed to finally determine the owner( s) of said real property, coordinate with the Wharton City Manager in an attempt to finally negotiate the purchase or grant of a fee simple interest in and to said properties in Exhibit " A"; and failing such effort at final negotiation, to institute and prosecute to concluslon, an eminent domain condemnation suit against the known and/ or unknown owner(s) of said property and against any and all other person( s) and legal entities who own or claim any interest in said lands; and to acquire the real estate for the City of Wharton for use as a public flood control Levee. PASSED AND ADOPTED this the 8U' day of March 2021. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: City of Wharton City Council Meeting Minutes- March 8, 2021 Page 9 of 20 PAUL WEBB City Attorney Councilmember Terry Freese seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider an ordinance declaring a public necessity for the acquisition offee simple title to below listed properties located in Wharton, Texas, for a public purpose, namely the acquisition, improvement and maintenance of the road extension project between FM 1301 and US 59 and authorizing the City Attorney and their subconsultants, to file eminent domain proceedings; ratifying and affirming all prior acts and proceedings done or initiated by attorneys and employees of the City to acquire such property; authorizing all other lawful action necessary or incidental to such acquisition or eminent domain proceedings. City Manager Andres Garza, Jr. stated the City of Wharton had been working with TxDOT to complete the FM 1301 Extension and Railroad Overpass Project and working with IDCUS as selected by the City Council, the right-of-way had been identified for acquisition of the project. City Manager Garza said as a requirement for acquisition, if the property owners were not willing to negotiate with the City and condemnation was required, the City needed to have a Public Purpose Ordinance in place. Community Development Director Gwyn Teves stated the City Council approved Ordinance No. 2020- 18 for the designation of a Public Purpose Ordinance for the properties to be acquired for the project and the City Staff was requesting that Ordinance No. 2020- 18 be replaced to allow for alternative consultants to be considered for the legal process as needed. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Ordinance No. 2021- 05, which read as follows: CITY OF WHARTON ORDINANCE NO. 2021- 05 AN ORDINANCE DECLARING A PUBLIC NECESSITY FOR THE ACQUISTION OF FEE SIMPLE TITLE TO BELOW LISTED PROPERTIES LOCATED IN WHARTON, TEXAS, FOR A PV13LIC PURPOSE, NAMELY THE ACQUISITION, IMPROVEMENT AND MAINTENANCE OF THE ROAD EXTENSION PROJECT BETWEEN FM 1301 AND US 59 AND . AUTHORIZING THE CITY ATTORNEY AND THEIR SUBCONSULTANTS - TO FILE EMINENT DOMAIN PROCEEDINGS; RATIFYING AND AFFIRMING' q:LL PRIOR ACTS AND PROCEEDINGS DONE OR INITIATED BY ATTORNEYS AND EMPLOYEES OF THE CITY TO ACQUIRE SUCH PROPERTY; AUTHORIZING ALL OTHER LAWFUL ACTION NECESSARY OR INCIDENTAL TO SUCH ACQUISITION OR EMINENT DOMAIN PROCEEDINGS. WHEREAS, The City of Wharton, Texas, has determined that the tract( s) or parcel( s) of land, hereinafter described, are required for the FM 1301 Extension Project; and, City of Wharton City Council Meeting Minutes- March 8, 2021 Page 10 of 20 WIJEREAS, The City may be unable to acquire or purchase fee simple interest in said parcel( s) by negotiation and the City would then be compelled to exercise its power of eminent domain; NOW BE IT ORDAINED BY THE WHARTON CITY COUNCIL that: SECTION I. AUTHORIZATION. In the event that the City staff is unable to acquire the property by negotiation by reason of its inability to agree with the owners thereof as to the value ofthe parcel, or is unable to acquire the parcel for any other reason, the City Manager, through the City Attorney and/or designated special counsel under the direction of the City Attorney, are hereby authorized and directed to institute and prosecute to conclusion all necessary proceedings to condemn the property. The City Attorney is hereby authorized to retain the services of a consulting law firm as special counsel as may be needed from time to time and to pay for the services rendered from any appropriations as may be made for the purpose. Additionally, the City is authorized to retain the professional services of an appraiser, to value the subject tract( s). SECTION II. PUBLIC NECESSITY. The City Council of Wharton, Wharton County, Texas, declges that a public necessity exists for the City of Wharton to acquire the real property located in Wharton County, Texas, and described in Exhibit " A" attached hereto and made a part hereof. The City Attorney, Paul Webb, and ISesignated Special Legal Counsel, are hereby directed to finally determine the owner( s) of said real property, coordinate with the Wliarton City Manager in an attempt to ,finally negotiate the purchase or grant of a fee simple interest in and to said properties in Exhibit " A"; and failing such effort at final negotiation, to institute and prosecute to conclusion, an eminent domain condemnation suit against the known and/or unknown owner(s) of said property and against any and all other person(s) and legal entities who own or claim any interest in said lands; and to acquire the real estate for the FM 1301 Extension Project. SECTION III. INCORPORATION OF RECITALS. The City hereby finds that the statements set forth in the recitals of this Ordinance are true and correct and incorporates such recitals as findings of fact. SECTIOhi TV. SEVERABILITY. If any provision of this Ordinance or the application hereof to any circumstance shall ever be held to be invalid, the remainder of this prdinance and the application thereof to other circumstances shall nevertheless be valid, and the governing body hereby declares that this Ordinance would have been enacted without such invalid provision; and that in lieu of each clause or provision ofthis Ordinance that is deemed invalid, illegal, or unenforceable, there alien will be added by the Mayor as necessary, with the approval of the City Manager and City Attorney as to form and legality, and as a part of the Ordinance, a substitute or additional clause or provision as similar in terms to such invalid,  City of Wharton City Council Meeting Minutes- March 8, 2021 Page 11 of 20 illegal or unenforceable clause or provision as may be legally possible, valid and enforceable. SECTION V. EFFECTIVE DATE. This Ordinance shall become effective immediately following its passage. SECTION VI. OPEN MEETINGS. The City finds that this Ordinance was discussed, considered, and appropriate action was taken upon it in accordance with the Texas Ope} Meetings Act requirements of Texas law, set forth in Tex. Gov' t Code Ann. as amended, Title 5, Chapter Sec. 551. 001 et seq. PASSED AND ADOPTED this the 8t' day of March 2021. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA-FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB pity Attbrney Exhibit" A" R062659 A20038 ABST.38 TRACT 64A-3 R026652 WHARTON BLOCK 60 LOT 20,21 R011498 BLASINGAME LOT 5 R011499 BLASINGAME LOT 6, 7  City of Wharton City Council Meeting Minutes- March 8, 2021 Page 12 of 20 R011500 BLASINGAME LOT 8 R032035 A20038 ABST .38 TRACT 45A,51, 52 R031201 A20034 ABST .34 TRACT 43, 44 R051657 A20034 ABST .34 TRACT 57 SOUTH 8031191 A20034 ABST .34 TRACT 40-2 SOUTH R031194 A20034 ABST .34 TRACT 40- 2A SOUTH 9060871 A20034 ABST .34 TRACT 40- 3 031169 A20034 ABST .34 TRACT 37 RAILROAD A20038 ABST .38 R031928 A20038 ABST .38 Councilmember Steve Schneider seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a resolution ofthe Wharton City Council awarding contracts for the Wharton Well and Water Treatment Plant Contract No. 1 and Contract No. 2 pending USDA. authorization and authorizing the Mayor of the City of Wharton to execute all documents related to said contracts. City Manager Andres Garza, Jr. stated that on January 26, 2021, bids were received for the Wharton Well and Water Treatment Plant Construction and Drilling and there were two( 2) bids submitted for the Construction and four( 4) bids submitted for the water well drilling. City Manager Garza presented a copy ofthe recommendations from Halff Associates for the Wharton Water Well & Water Plant Contract No. 1 and Contract No. 2. After some discussion,-CounciImember Terry Freese moved to approve City of Wharton Resolution No. 2021- 31, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 31 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING CONTRACTS FOR THE WHAATON WELL AND WATER TREATMENT PLANT CONTRACT NO. 1 AND CONTRACT NO. 2 PENDING USDA AUTHORIZATION AND AUTHORIZING THE YO)lt Of THE CITY QF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACTS. WHEREAS, Bids were received for the Wharton Water Well & Water Plant Contract No. 1 and Contract No. 2 on January 26, 2021; and, WHEREAS, E Contractors USA, LLC was deemed the best lowest qualified bidder for Contract No. 1 in tjie base bid amount of$2,300,000.00, Alternate No. 1 price of$225, 000.00 and Alternate No. 2 Price of$75, 000.00. These equal a total bid for Contract No. 1 of 2, 600, 000.00; and, WHEREAS, Weisinger, Inc. was deemed the best lowest qualified bidder for Contract No. 2 in the amount of$969, 600. 00 with an Alternate price of$ 1, 180,200. 00; and,  City of Wharton City Council Meeting Minutes- March 8, 2021 Page 13 of 20 WHEREAS, The Wharton City Council wishes to award a contract to E Contractors USA, LLC for Contract No, 1 in the base bid amount of$ 2,300,000.00, Alternate No. 1 price of 225, 000. 00 and Alternate No. 2 Price of$ 75,000.00. These equal a total bid for Contract No. 1 of$2,600,000.00 pending USDA authorization; and, WHEREAS, The Wharton City Council wishes to award a contract to Weisinger, Inc. for Contract No. 2 in the'amount of$969,600.00 with an Alternate price of$1, 180,200.00 pending USDA authorization; and, WHEREAS, The City' 6f Wharton and E Contractors, USA, LLC wish to be bound by the conditions as set forth in the agreement; and, WHEREAS, The City of Wharton and Weisinger, Inc. wish to be bound by the conditions as 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. T'he Wharton City Council hereby authorizes the Mayor to execute contracts for the Wharton Well and Water Treatment Plant Contract No. 1 And Contract No. 2 Fending USDA Authorization. Section I][, The City of Wharton and E Contractors USA, LLC are hereby bound by the conditions as set forth in the agreement. Section IIS. The City pf Wharton and Weisinger, Inc. are hereby bound by the conditions as set forth it the agreement. Section XV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 8th day of March 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST; City of Wharton City Council Meeting Minutes- March 8, 2021 Page 14 of 20 PAULA FAVORS City Secretary Councilmember Clifford Jackson seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider a resolution ofthe Wharton City Council authorizing the submission of one or more applications to the AARP Community Challenge 2021 Grant Program and authorizing the Mayor ofthe City of Wharton to execute all documents related to said submission. City Manager Andres Garza, Jr. stated the City Staff would like to apply for one or more projects to the 2021 AARP Community Challenge Grant and if approved to proceed, the City staff would like to apply to the AARP Community Challenge 2021 grant program to fund one or more projects. Community Development Director Gwyn Teves stated that there was opportunity to apply under multiple categories. Mrs. Teves said the three projects had been proposed for application were as follows: 1. Fulton Street Mini Mural Park 2. Fitness Stations on Santa Fe Trail 3. Update and additions to the Crosswalks on the Santa Fe Trail. After some discussion, Councilmember Terry Freese moved to approve City ofWharton Resolution No. 2021- 32, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 32 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE SUBMISSION' OF ONE OR MORE APPLICATIONS TO THE AARP COMMUNITY CIIALLENGE 2021 GRANT PROGRAM AND AUTHORIZING THE MAYOR OF THE CITY OF'=WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID SUHMISSSION.' WHEREAS, The C#y of Wharton City Council wishes to submit one or more applications to the AARP Community Challenge 2021 Grant Program; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said grant application. BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the submittal of one or more applications to the AARP Community Challenge 2021 Grant Program. SECTION II. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said grant application. i City of Wharton City Council Meeting Minutes- March 8, 2021 Page 15 of 20 SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this P day of March 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 tenth item on the agenda was to review and consider a resolution of the Wharton City Council awarding a contract for appraisal services for the Community Development Block-Disaster Recovery Cpntr4ct No. 20- 065- 081- C234 and authorizing the Mayor of the City of Wharton to execute 411 documents related to said contract. City Manager Andres Garza, Jr. stated that on October 10, 2018, the Mayor was notified that the City had been awarded the Community Development Block Grant- Disaster Recovery( CDBG-DR) funds for Hurricane Harvey under the method of distribution created by HGAC, as follows: - Infrastructure - $ 1, 650, 172. 00. City Manager Garza said the City contracted GrantWorks, Inc. for administration services and Jones& Carter for engineering services and this allowed the City to begin working on multiple drainage improvement projects to help alleviate internal flooding issues. City Manager Garza said that as part of this project, acquisition of easements and Right of Ways was required. Community Develophici nt Director Gwyn Teves stated that in accordance with state and federal guidelines the City solicited foT' propos.als in November 2020 and received only one response. Mrs. Teves said that after conferring with the General Land Office, it was determined that the single response was not sufficient to meeftbe grant requirements and on February 8, 2021, the City Council approved to te-soliciting for proposals for appraisal services. She said that two proposals were received at City .Hall and' were being reviewed by the City Staff and the Grant Administrator for teeommendation' of award to the City Council. Mrs. Teves said the two proposals that were rece} ved were as follows: 1. Hudgins- Groover Appraisal 2. Consulting and JLL Valuation Advisory. After some discussion, Councilmember Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 33, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 33 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR APPRAISAL SERVICES FOR THE COMMUNITY DEVELOPMENT BLOCK — City of Wharton City Council Meeting Minutes- March 8, 2021 Page 16 of 20 DISASTER RECOVERY CONTRACT NO. 20-065- 081- C234 AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to enter into a contract for Appraisal Services for the Community Development Block— Disaster Recovery Contract No. 20-065- 081- C234 with, ILL Valuation Advisory; and, WHEREAS, The City of Wharton and JLL Valuation Advisory wishes to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said contract. 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 an agreement with JLL Valuation Advisory for Appraisal Services for the Community `Development Block — Disaster Recovery Contract No. 20- 065- 081- C234. Section II. The City of Wharton and JLL Valuation Advisory are hereby bound by the conditions as set forth in the contract. Section III. That this resolution shall become effective immediately upon its passage. passed, Approved, and Adopted this 8t' day of March 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Cowcilmember Terry Freese seconded the motion. All voted in favor. The eleventh iteral on the agenda was to review and consider a resolution of the Wharton City Council authorizing; the submission of a Grant Application for the Texas Department of Transportation 2019 Transportation Alternatives( TA) and Safe Routes to School ( SRTS) Call for City of Wharton City Council Meeting Minutes- March 8, 2021 Page 17 of 20 Projects, certifying funding and support for the City of Wharton Sidewalk Project and authorizing the Mayor of the City of Wharton to execute all documents relating to said application. City Manager Andres . Garza, Jr. stated that on February 8, 2019, the Texas Department of Transportation ( TxDQT) announced a statewide Call for Projects under the Transportation Alternatives Se(- Aside (TA Set-Aside) and Safe Routes to School ( SRTS) and the City Council approved the submission ofan application in March 2019. City Manager Garza said the application was not approved during the 2019/ 2020 funding cycle but was approved for the Transportation Alternative's Conditional Project list for 2021. He said the City Staff had been contacted by TxDOT and advised that the project was being recommended for approval in April 2021 pending a current Request for Information which required and updated resolution from the City Council. Community Development Director Gwyn Teves stated the TA Set-Aside Program provided funding to construct a variety of alternative transportation projects that improve mobility for non-motorized users and mitigate congestion by providing transportation options. Mrs. Teves said the TA funding provided 80% federal funds with a 20% minimum local match required and the local funding match was a cash match, or a combination of cash and in-kind contributions provided by or through the Project sponsor. After some discussion, Councilmember Alice Heard- Roberts moved to approve City of Wharton Resolution No. 2021- 34, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 34 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE SUIR'MISSION OF A GRANT APPLICATION FOR THE TEXAS DEPARTMENT OF TRANSPORTATION 2019 TRANSPORTATION ALTERNATIVES ( TA) AND SAFE t( UTES TO SCHOOL (SRTS) CALL FOR PROJECTS, CERTIFYING FUNDING AND SUPPORT FOR THE CITY OF WHARTON SIDEWALK PROJECT AND ALFI'HOI 14ING THE.-MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMETTTS RELATING TO SAID APPLICATION. WHEREAS, The Texas Department of Transportation administers the federally funded Transportation Alternatives ( TA) and Safe Routes to School ( SRTS) Program which provides opportunities for non-traditional transportation related activities; and, WHEREAS, Projects submitted under this program should go above and beyond standard transportation activities and be integrated into the surrounding environment in a Sensitive and creative manner that contributes to the livelihood of the communities, promotes the quality of the environment, provides safe routes to school, and enhances the aesthetics of roadways; and, WHEREAS, The Texas Department of Transportation issued a call for projects in February 2019 for communities to apply for funding assistance through the Transportation i City of Wharton City Council Meeting Minutes- March 8, 2021 Page 18 of 20 Alternatives Set- Aside (TA) and/ or Safe Routes to School- Infrastructure ( SRTS) Programs; and, WHEREAS, The Wharton City Council wishes to submit an application to the Texas Department of Transportation for sidewalk additions that would include the creation of safe routes to school and ADA compliant pedestrian accessibility in Wharton in accordance with the State of Texas regulations; and, WHEREAS, The Wharton City Council agrees that the TA funds may be used for construction of pedestrian and/ or bicycle infrastructure. The TA funds require a local match, comprised of cash, plus in-kind contributions, if any. The City of Wharton would be responsible for all non-reimbursable costs. The City of Wharton would be responsible for 100% of overruns, if any, for TA funds; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents related to said application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that: Section I, The above listed project, if selected for the Transportation Alternatives ( TA) and Safe Routes to School ( SRTS) Program funding by the Texas Department of Transportation, will be placed in the appropriate Transportation Improvement Program for the City of Wharton. Section II. The City of Wharton, Texas, fully supports and authorizes the submission of an application for funding through the Texas Department of Transportation' s Transportation Alternatives ( TA) and Safe Routes to School ( SRTS) Call for Project's with the specific goal of sidewalk construction that would include the creation of`safe routes to school and ADA compliant pedestrian accessibility for ADA compliance in Wharton in accordance with the State of Texas regulations. Section 1II. The City of Wharton feels strongly that the proposed project demonstrates the City of Wharton' s desire to provide safe, ADA compliant pedestrian routes in Wharton. Section IV. The City of Wharton supports funding this project as described in the 2019 TA/ SRTS Detailed Application ( including the construction budget, the department' s 15% administrative cost, and the required local match, if any) and is willing to commit to the project' s development, implementation, construction, maintenance, management, and financing. The( Project Sponsor) is willing and able to enter into an agreement with the department by resolution or ordinance, should the project be selected for funding. City of Wharton City Council Meeting Minutes- March 8, 2021 Page 19 of 20 Section V. The Mayor of the City of Wharton is hereby authorized to execute all documents related to said application. Section VI. That this resolution shall become effective immediately upon is passage. Passed, Approved and Adopted this the 8a' day of March 2021. CITY OF WHARTON, TEXAS By: TIM BARKER MAYOR ATTEST: PAULA FAVORS CITY SECRETARY Councilmeimer Terry Freese seconded the motion. All voted in favor. The twelfth 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. U. flowing Finance Corporation. After some discgssioij, no action was taken Executive Session City Council may adjourn into an Executive Session in accordance with Section 551. 074 of the Local Government Code, Revised Civil Statutes of Texas. Final action, decision, or vote, if any with regi3rd to any' matter considered in Executive Session shall be made in Open Meeting. Discussion: A. ' To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. New City Manager. Mayor Tim Barker moved the meeting into Closed Session at 7: 34 p. m. Return to Open Session City of Wharton City Council Meeting Minutes- March 8, 2021 Page 20 of 20 Action on items discussed in Executive Session: A. Appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. New City Manager. Mayor Tim Barker returned the meeting to Open Session at 7: 59 p.m. 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: 00 p.m. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor AT'T' EST= P LA FAVORS CiSecre ary.; K y