City Council Regular Meeting
Regular MeetingWharton, TX · March 22, 2021
Minutes
i
MINUTES
OF
CITY OF WHARTON
CITY COUNCIL MEETING
MARCH 22, 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 Clifford Jackson 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.
Stiff members present were: City Manager Andres Garza, Jr. City Attorney Paul Webb,
Finance Director Joan Andel, Emergency Management
Coordinator Steve Johnson, Police Chief Terry David
Lynch, Interim Public Works Director Amy Horelica and
Community Development Director Gwyn Teves.
Visitors present were: Burnell Neal and Albert Villegas, with the Wharton Journal
Spectator.
jtoll Call and Excused Absences.
All Councilrnembers were present.
Wharton Moment.
Mayor Tim Barker called for Wharton Moments. No comments were made.
Public Comments.
Mayor Tim darker called for Public Comments. No comments were made.
Review and Consider:
The first item on the agenda was to review and consider the City of Wharton Financial Report for
February 2021.` Mrs. Andel stated that the TexPool balance for February was $ 31, 003. 61 with an
average monthly yield of . 05%. She said the Prosperity Bank balance for February 2021 was
10, 413, 936. 80 with an average monthly yield of .50%. After some discussion, Councilmember
Plussell Machann moved to approve the City of Wharton Financial Report for the month of February
2021. Councilmember Terry Freese seconded the motion. All voted in favor.
The second item on the agenda was to review and consider a request from Mr. Haywood Ross to
address the Council regarding Black Street.
City Manager Andres Garza, Jr. presented a copy of the
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City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page 2 of 14
request from Mr. Haywood Ross to address the Council regarding Black Street. Mr. Ross was not
present at the meeting. This item was pulled from the agenda. No action was taken.
The third item on the agenda was a review and consider a request by Mr. Michael Roberson on
behalf of Roberson Properties Inc., 200 E. Milam St. & 105 S. Rusk St., Wharton, Block 6, Lots 1,
2A'& 2 for;
A. Variance to build across property lines.
B. Zero setback variance to the building line setback on the side adjoining Block 6, Lots 3 & 4.
C. Variance to match existing adjacent building elevation.
City Manager Andres' Garza, Jr. presented a copy of the request from Mr. Michael Roberson on
behalf of Roberson Properties Inc., 200 E. Milam St. & 105 S. Rusk St., Wharton, Block 6, Lots 1,
2A'& 2 for:
A. Variance to build across property lines.
B. Zero setback variance to the building line setback on the side adjoining Block 6, Lots 3 & 4.
C. Variance to match existing adjacent building elevation.
After some discussion, Councilmember Terry Freese moved to approve the request by Mr. Michael
Roberson on behalf of Roberson Properties Inc., 200 E. Milam St. & 105 S. Rusk St., Wharton,
Block 6, Lots 1, 2A & 2, for:
A. Variance to build across property lines.
B. Zero setback variance to the building line setback on the side adjoining Block 6, Lots 3 & 4.
C. Variance to rriatch existing adjacent building elevation.
Councilmember'Russell Machann seconded the motion. All voted in favor.
The fourth item on the agenda was to review and consider a request by R.M. Quality Construction
on behalf of Virginia Paniagua, 602 Moutray Ave., River Road, Block 6, Lot 12 for:
A. 10'. Side Building Line Setback on the right property line adjoining David St.
B. 2' Side Building Line Setback on the left property line.
City. Manager Andres Garza, Jr. presented a copy of the request by R.M. Quality Construction on
behalf of Virginia Paniagua, 602 Moutray Ave., River Road, Block 6, Lot 12 for:
A. 10' Side,Building Line Setback on the right property line adjoining David St.
2' Side Building Line Setback on the left property line.
After some discussion, Councilmember Alice Heard-Roberts moved to approve the request by R.M.
Quality Construction on behalf of Virginia Paniagua, 602 Moutray Ave., River Road, Block 6, Lot
12 for:
A. 10' Side Building Line Setback on the right property line adjoining David St.
B. 2' Side Building Line Setback on the left property line.
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City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
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Councilmember Terry Freese seconded the motion. All voted in favor.
The fifth item on the agenda was to review and consider a request from Chief of Police Terry Lynch
regarding the 3rd Annual Cops ` n Rodders Car Show for the following:
1. Waive all fees associated with renting the Wharton Civic Center.
2. Allow participants and spectators to utilize restroom facilities in the Civic Center.
3. Allow the potential use of food trucks.
4. Allow the consumption of alcoholic beverages on the outdoor premises of the Civic Center.
3. Allow the Police Department to close the roadway of University Street from Fulton Street to
the entrance of the Department of Human Services Driveway, prior to and throughout the
duration of the event. ( 8: 00 a. m. —4: 00 p. m.)
6. Use of the blue trash cans and liners from the Parks Department.
7. Have the'-street sweeper sweep the parking area of the Civic Center on April 16, 2021.
City Manager Andres Garza, Jr. presented a copy of a memorandum from Chief Lynch to him
regarding the 3rd Annual Cops` n Rodders Car Show on April 17, 2021 at the Wharton Civic Center.
After some discussion, Councilmember Russell Machann moved to approve a request from Chief of
Police Terry Lynch regarding the 3rd Annual Cops ` n Rodders Car Show for the following:
1. Waive all fees associated with renting the Wharton Civic Center.
2. Allow participants and spectators to utilize restroom facilities in the Civic Center.
3. Allow the potential use of food trucks.
5. Allow the Police Department to close the roadway of University Street from Fulton Street to
the entrance of the Department of Human Services Driveway, prior to and throughout the
duration of the event. ( 8: 00 a.m. —4: 00 p.m.)
6. Use of the blue-trash cans and liners from the Parks Department.
7. Have the street sweeper sweep the parking area of the Civic Center on April 16, 2021.
Couincillnember Terry Ffedse 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
awarding a contract for two air conditioning units in the 911 Communications Room at the Police
pepartment and authorizing the City Manager of the City of Wharton to execute all documents
related to said contract. City Manager Andres Garza, Jr. presented a copy of a memorandum to him
from Chief Terry Lynch regarding the ac repairs at the Wharton Police Department. City Manager
Garza stated that three quotes were received from Roberson AC/ Refrigeration, Eldridge AC/Heating
and' Hunton' Services. After some discussion, Councilmember Terry Freese moved to approve City
of Wharton Resolution No. 2021- 35, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 35
A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR
TWO AIR CONDITIONING UNITS IN THE 911 COMMUNICATIONS ROOM AT THE
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City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
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POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER 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 two air conditioning units
in the 911 Communications room at the police department with Roberson
AC/Refrigeration; and,
WHEREAS, The City of Wharton and Roberson AC/Refrigeration wishes to be bound by the
conditions as set forth in the agreement; and,
WHEREAS, The Wharton City Council wishes to authorize the City Manager ofthe 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 City Manager ofthe City of Wharton
to execute an agreement with Roberson AC/Refrigeration for two air conditioning unites
in the 911 Communications room at the police department.
Section II.
The City of Wharton and Roberson AC/Refrigeration 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 22nd day of March 2021.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATT" T:
PAULA-FAVORS
City Secretary : <
Councilmember Clifford Jackson seconded the motion. All voted in favor.
The seventh item on the agenda was to review and consider a resolution of the Wharton City Council
approvil}g an extension of the Declaration of Disaster signed on March 16, 2020 in accordance with
Teas Clovcrnment Code § 418. 108( a). City Manager Andres Garza, Jr. stated that on March 16,
20,20, Mayor Tim Barker signed an Emergency Declaration for Public Health Emergency in response
to the Cpvid- 19 outbreak which was declared a global pandemic by the World Health Organization.
City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page 5 of 14
City Manager Garza said this allowed the Mayor to perform extraordinary actions, if necessary, to
protect the public and pursuant to Texas Government Code 418. 108 ( b) the declaration would need
to be continued or renewed by the City Council within 7 days of issuance. Emergency Management
Coordinator Steve Johnson stated the declaration was passed on March 23, 2020 and was continued
until May 31, 2020, July 31, 2020, September 30, 2020, January 15, 2021 and March 31, 2021. Mr.
Johnson said the disaster continued and many of our citizens, businesses and government continued
to be affected. He said in order to continue with the response to this pandemic it was the City Staffs
recommendation that the declaration be extended to September 1, 2021 unless rescinded earlier.
After some discussion, Councilmember Clifford Jackson moved to approve City of Wharton
Resolution No. 2021- 36, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 36
A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN EXTENSION OF
THE DECLARATION 'OF DISASTER SIGNED ON MARCH 16, 2020 IN ACCORDANCE
WITH TEXAS GOVERNMENT CODE §418.108( a).
WHEREAS, Beginning 1p December 2019, a novel coronavirus, now designated " SARS- CoV-2"
which causes the disease COVID- 19, has spread through the world and has now been
declared a global pandemic by the World Health Organization; and,
WHEREAS, On March 16, 2020 Mayor Tim Barker signed an Emergency Declaration for Public
Health`Einergency in response to the Covid- 19 outbreak which was declared a global
Pandemic by the World Health Organization; and,
WHEREAS, Pursuanf,to Texas Government Code 418. 108 ( b) this declaration would need to be
continued or renewed by City Council; and,
WHEREAS, This.was passed on March 23, 2020 and was continued until May 31, 2020, July 31,
2120,`September 30, 2020, January 15, 2021 and March 31, 2021; and,
WHEREAS, To continue with the response to this pandemic the declaration will be extended until
September 1, 2021 or rescinded earlier.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS as follows:
Section 1. That a local state of disaster has been declared for the City of Wharton pursuant to Code
4418. 1 68( a) of the Texas Government Code.
Section II.. Pursuant to § 418. 108( b) of the Texas Government Code, the state of disaster shall
continue until March 31, 2021 from the date of this declaration unless rescinded earlier.
City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page 6 of 14
Section II1, This declaration of a local state of disaster for public health emergency shall be given
prompt and general publicity and shall be filed promptly with the City Secretary,
pursuant to section 418.108( c) of the Government Code.
Section IV. The declaration of a local state of disaster activates the City of Wharton, Texas
Emergency Management Plan and activates all other charter, statutory, and ordinance
powers vested in me and all officers ofthe City of Wharton to act for the purposes stated,
pursuant to section 418. 108( d) of the Government Code.
Section V. That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this 22nd day of March 2021.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATTEST;
PAULA FAVORS
City SeCretay
lo
Council}nember Terry Freese seconded the motion. All voted in favor.
The eighth jtem on the agenda was to review and consider a resolution of the Wharton City Council
authorizing and ratifying the purchase of a pump from Precision Pump, two pumps from Gracey' s
Euvironlnental,' a dynablend polymer and a Polyblend Polymer Series PB- 200- IAA from
Fnyironmental I!.nprovements, Inc. and authorizing the City Manager of the City of Wharton to
execute all documents related to said ratification. City Manager Andres Garza, Jr. presented a copy
of the memorandum Ms. Amy Horelica, Interim Public Works Director, provided to Finance
S
Director Joan Andel regarding the following items which were purchased due to the winter storm in
February 2021. City Manager Garza stated that these items were purchased as an emergency and
would be submitted to FEMA, if any funds were available. Ms. Horelica stated that the following
where purchased:
Waste Water Treatment Plant# 1:
l. Cracked pump purchased from Precision Pump - $ 5, 650. 00 installation would be
additional and invoice had not yet been received.
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City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
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2. Cracked polymer on belt press purchased from Environmental Improvements-
13, 901. 34.
Waste Water Treatment Plant# 2:
I. Two cracked pumps for belt press purchased from Gracey' s Environmental -
12, 900. 00.
2. Cracked polymer on belt press purchased from Environmental Improvements -
8,475. 00.
After some discussion,. Councilmember Russell Machann moved to approve City of Wharton
Resolution No. 2021- 37, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 37
A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING AND RATIFYING
THE PURCHASE OF A PUMP FROM PRECISION PUMP, TWO PUMPS FROM
GRACEY' S ENVIRONMENTAL, A DYNABLEND POLYMER AND A POLYBLEND
POLYMER SERIES PD 200- 1AA FROM ENVIRONMENTAL IMPROVEMENTS INC.
AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL
DOCUMENTS RELATED TO SAID RATIFICATION.
WHEREAS, The City of Wharton received damage from the Winter Storm in February 2021 at the
Waste Water Treatment Plant# 1 and Waste Water Treatment Plant# 2; and,
WHEREAS, The City of Wharton had to make emergency repairs to both treatment plants; and,
WMREAS, The Wharton City Council ratifies the purchase of a pump and dynablend polymer for
Waste Water Treatment Plant # 1 and two pumps and a polyblend polymer for Waste
Water Treatment Plant # 2 and wishes to authorize the City Manager of the City of
Wharton to execute all documents.
NOW, THFREFOK $ E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS as-follows:
Section I. . The Wharton City Council hereby authorizes the City Manager ofthe City of Wharton
td execute all documents related to the purchase of the emergency repairs needed at the
Waste Water Treatment Plant# 1 and Waste Water Treatment Plant# 2.
Secition 1I. That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this 22nd day of March 2021.
CITY OF WHARTON, TEXAS
By:
City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page& of 14
TIM BARKER
Mayor
ATTEST;
PAULA FAVORS
City Secretary
Councilmember Terry Freese seconded the motion. All voted in favor.
The ninth item on the agenda was to review and consider a resolution by the City of Wharton, Texas,
City") regarding the application of CenterPoint Energy Resources Corp., Texas Coast Division, to
increase rates under the Gas Reliability Infrastructure Program; suspending the effective date of this
rate application dor forty-five days; authorizing the City to continue to participate in a coalition of
cities know as then" Texas Coast Utilities Coalition" of cities; determining that the meeting at which
the resolution was adopted complied with the Texas Open Meetings Act; making such other findings
and provisions related to the subject; and declaring an effective date. City Manager Andres Garza,
Jr. stated the City was a member of the Texas Coast Utilities Coalition (" TCUC")
of cities. City
Manager Garza said TCUC was organized by a number of municipalities served by CenterPoint
Energy Resources Corp., Texas Coast Division(" CenterPoint") and had been represented by the law
firm of Herrera Law & Associates, PLLC ( through Mr. Alfred R. Herrera) to assist in reviewing
applications to change rates submitted by CenterPoint. He said that under section 104. 301 ofthe Gas
Utility regulatory Act(" DURA"), a gas utility was allowed to request increases in its rates to recover
a return on investmepts it makes between rate cases and this section of GURA was commonly
referred to as the " GRIP" statute, that was, the " Gas Reliability Infrastructure Program." City
Manager Garza said that on or about March 4, 2021 CenterPoint Energy Resources Corp., Texas
Coast Division (" CenterPoint") filed for an increase in gas utility rates under the Gas Reliability
Infrastructure Program`(` GRIP") and CenterPoint' s application if approved by the Commission
would result in an increase in the monthly customer charges. After some discussion, Councilmember
Terry Freese moved to approve City of Wharton Resolution No. 2021- 38, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 38
A RESOLUTION 13V THE CITY OF WHARTON, TEXAS, (" CITY") REGARDING THE
APPLICATION OF CENTERPOINT ENERGY RESOURCES CORP., TEXAS COAST
DIVISION, TO; INCREASE RATES UNDER THE GAS RELIABILITY
INFRASTRUCTURE' PROGRAM; SUSPENDING THE EFFECTIVE DATE OF THIS
ATE.-.APPLICATION` FOR FORTY- FIVE DAYS; AUTHORIZING THE CITY TO
CONTINUE TO PAR'T`ICIPATE IN A COALITION OF CITIES KNOWN AS THE " TEXAS
COAST UTILITIES COALITION" OF CITIES; DETERMINING THAT THE MEETING
AT WINCH THE RESOLUTION WAS ADOPTED COMPLIED WITH THE TEXAS OPEN
fTINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; ANI? DECLARING AN EFFECTIVE DATE.
City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page 9 of 14
WHEREAS, on or about March 4, 2021 CenterPoint Energy Resources Corp., Texas Coast Division
CenterPoint") filed for an increase in gas utility rates under the Gas Reliability
Infrastructure Program (` GRIP"), and proposed increases in the monthly customer
charges for all retail customer classes as shown below:
Proposed
Current 2021 Interim
Rate Customer Rate Adjusted
Schedule Charge Adjustment Charge Increase Per Bill
R- 2096- 1- GRIP 2021; 17. 77 0. 88 18. 65 0. 88
R- 2096- U- GRIP 2021 per customer per customer per customer per customer
Residential per month per month per month per month
GSS- 2096- 1- GRIP 2021;
GSS- 2096- U- GRIP 2021 21. 48 1. 36 22. 84 1. 36
General Service per customer per customer per customer per customer
Small per month per month per month per month
GSLV- 627- 1- GRIP 2021;,:.
GSLV- 627=U-GRIP 2021 262. 84 33. 15 295. 99 33. 15
General Service per customer per customer per customer per customer
Large Volume I per month per month per month per month
and.
WHEREAS, the City has a special responsibility to exercise due diligence with regard to rate
increases of monopoly utilities who operate within its boundaries; and
WHEREAS, the Application to increase rates by CenterPoint is complex; and
WHEREAS, it is necessary to suspend the effective date for the increase in rates for forty- five days,
so that the City can assure itself that the data and calculations in CenterPoint' s rate
application are correctly done; and
WHEREAS, the effective date proposed by CenterPoint is May 3, 2021, but a suspension by the
City will mean that the rate increase cannot go into effect prior to June 17, 2021.
NOW THEREI'ORE,` BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ART6N TEXAS THAT:
Section 1. That the statements and findings set out in the preamble to this resolution are hereby
in all things approved and adopted.
Section 2. The City suspends the requested effective date by CenterPoint for forty-five days
pursuant to the authority granted the City under Section 104.301 ofthe Texas Utilities
Code to allow the City to review the data and calculations that provide the basis for
CenterPoint' s proposed increase in rates.
City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page 10 of 14
Section 3. The City shall continue to act jointly with other cities that are part of a coalition of
cities known as the Texas Coast Utilities Coalition(" TCUC") of cities.
Section 4. The City authorizes the law firm of Herrera Law & Associates, PLLC, to act on its
behalf in connection with CenterPoint' s application to increase rates.
Section 5. To the extent allowed by law, CenterPoint is ordered to pay the City's reasonable rate
case expenses incurred in response to CenterPoint' s rate increase application within
30 days of receipt of invoices for such expenses to the extent allowed by law.
Section 6. The meeting at which this resolution was approved was in all things conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
531.
Section 7, This resolution shall be effective immediately upon passage.
PASSED AND APPROVED this 22nd day of March 2021.
TIM BARKER
MAYOR
ATTEST:
PAULA FAVORS
CITY SECRETARY
Councilinember Clifford Jackson seconded the motion. All voted in favor.
The tenth item on the agenda was to review and consider the 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 eleventh item on',t.he g
agenda was to review and consider the P
update of City of Wharton on-going
g
Projects. City Manager Andres Garza, Jr. presented a copy of his memorandum dated March 17,
2021 to the City Council providing an update on the City of Wharton current projects as of February
28, 2021, which Tead 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
City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page 11 of 14
1/
on line at http:, www. citvof vharton. com, infon.nation- a- noticesi"lerb- feasibility- sttjd . The Project
Participation Agreement ( PPA) has been executed. The City has begun the process to acquire the
property necessary to eQnstruct 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
began the process of snaking 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 ofthe 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 Agres ( 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.
WATEft/ Sf:'WER IMPROVEMENTS:
I. Ori'=going'Water aqd Sewer Maintenance Program.
WatFF leaks and sewer failures are still being seen in the month of February.
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 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
City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page 12 of 14
forward. The City Staff is working on funding for the project under the State Infrastructure
Bank( SIB) Program.
1. 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, Nanta 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 begup 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 twelfth item on the agenda was to review and consider appointments and resignations to the
City of Wharton' Boards, Commissions and Committees:
A. Beautification Commission.
ti. Building Standards Commission.
C. Planning Commission.
A. Plumbing and Mechanical Board.
E. liousing'Finance Corporation.
After some`discussion, Councilmember Clifford Jackson moved to approve the following:
A. Beautification Commission. Term Ending:
Resignation: I acy Border
Appointments: Debbie Newlin June 30, 2022
Tammie Janik June 30, 2022
C. Planning Commission.
Appointment: Burnell Neal June 30, 2021
Councilmember Pon Mueller seconded the motion. All voted in favor.
The thirteenth item on the agenda was to review and consider City Council Boards, Commissions
and Committee Reports:
A. Wharton Economic Development Corporation meeting held February 22, 2021.
After some. discussion, no_action was taken.
City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page 13 of 14
The fourteenth 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,
Fire Marshal.
Legal Department.
J, Municipal Court.
K. Police Department.
L. Public Works Department.
M. Water/ Sewer Department.
N. Weedy Lots/ Sign Ordinance.
Q. Wharton Regional Airport.
After some discussion, no action was taken.
Executive Session.
City Council may adjpurn into an Executive Session in accordance with Section 551. 074 ofthe Local
Government Code, Revised Civil Statutes of Texas. Final action, decision, or vote, if any with regard
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 Tinr Barker moved the meeting into Closed Session at 7: 30 p. m.
Return to Qpen SOglgb.
Action on items discussed in Executive Session:
A. Appointment,`empioyment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer qr erpployee:
1. New City Manager
Mayor Tim Barker returned the meeting to Open Session at 8: 02 p. m. Mayor Barker stated that
information only was received.
Adjournment.
There being no further discussion, Councilmember Don Mueller moved to adjourn. Councilmember
Clifford Jackson' seconded.the motion. All voted in favor.
Nomom
City of Wharton City Council Regular Meeting
Minutes- March 22, 2021
Page 14 of 14
The meeting adjourned at 8: 02 p.m.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
FEST,
A FAVORS
Secretary` '
T
9 ,.
Agenda
CITY OF WHARTON
CITY COUNCIL REGULAR MEETING
Monday, March 22, 2021
7:00 PM
CITY HALL
NOTICE OF
CITY OF WHARTON
CITY COUNCIL REGULAR MEETING
Notice is hereby given that a City Council Regular Meeting will be held on Monday, March
22, 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 18th day of March 2021.
By:
Tim Barker, Mayor
I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City
Council Regular 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 March 18, 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, March 22, 2021 at 7:00
p.m. at City Hall, 120 E. Caney St., Wharton, Texas 77488.
Join the meeting:
https://zoom.us/j/98798290452?pwd=TmZ5UE12QTBWbDBWbGlybWVLQmJmQT09
To dial in by phone:
+1 346 248 7799 US (Houston)
877 853 5257 US Toll-free
Meeting ID: 987 9829 0452
Password: 209564
If you wish to provide comments during the Public Comments portion of the meeting,
submit an email before 3:00 p.m. Monday, March 22, 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 18th day of March 2021.
CITY OF WHARTON
By:
Paula Favors
City Secretary
AGENDA
CITY OF WHARTON
City Council Regular Meeting
Monday, March 22, 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, March 22, 2021 at 7:00 p.m. at City Hall, 120 E.
Caney St., Wharton, Texas 77488.
Join the meeting:
https://zoom.us/j/98798290452?pwd=TmZ5UE12QTBWbDBWbGlybWVLQmJmQT09
To dial in by phone:
+1 346 248 7799 US (Houston)
877 853 5257 US Toll-free
Meeting ID: 987 9829 0452
Password: 209564
If you wish to provide comments during the Public Comments portion of the meeting, submit an email
before 3:00 p.m. Monday, March 22, 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.
Review and Consider:
1. City of Wharton Financial Report for February 2021.
2. Request from Mr. Haywood Ross to address the Council regarding Black Street.
3. Request by Mr. Michael Roberson on behalf of Roberson Properties Inc., 200 E. Milam
St. & 105 S. Rusk St., Wharton, Block 6, Lots 1, 2A & 2 for:
A. Variance to build across property lines.
B. Zero setback variance to the building line setback on the side adjoining Block
6, Lots 3 & 4.
C. Variance to match existing adjacent building elevation.
4. Request by R.M. Quality Construction on behalf of Virginia Paniagua, 602 Moutray Ave.,
River Road, Block 6, Lot 12 for:
A. 10’ Side Building Line Setback on the right property line adjoining David St.
B. 2’ Side Building Line Setback on the left property line.
5. Request from Chief of Police Terry Lynch regarding the 3rd Annual Cops ‘n Rodders Car
Show for the following:
1. Waive all fees associated with renting the Wharton Civic Center.
2. Allow participants and spectators to utilize restroom facilities in the Civic
Center.
3. Allow the potential use of food trucks.
4. Allow the consumption of alcoholic beverages on the outdoor premises of the
Civic Center.
5. Allow the Police Department to close the roadway of University Street from
Fulton Street to the entrance of the Department of Human Services Driveway,
prior to and throughout the duration of the event. (8:00 a.m. – 4:00 p.m.)
6. Use of the blue trash cans and liners from the Parks Department.
7. Have the street sweeper sweep the parking area of the Civic Center on April
16, 2021.
6. Resolution: A resolution of the Wharton City Council awarding a contract for two air
conditioning units in the 911 Communications Room at the Police Department and
authorizing the City Manager of the City of Wharton to execute all documents related to
said contract.
7. Resolution: A resolution of the Wharton City Council approving an extension of the
Declaration of Disaster signed on March 16, 2020 in accordance with Texas Government
Code §418.l08(a).
8. Resolution: A resolution of the Wharton City Council authorizing and ratifying the
purchase of a pump from Precision Pump, two pumps from Gracey’s Environmental, a
dynablend polymer and a Polyblend Polymer Series PB-200-1AA from Environmental
Improvements, Inc. and authorizing the City Manager of the City of Wharton to execute
all documents related to said ratification.
9. Resolution: A resolution by the City of Wharton, Texas, (“City”) regarding the application
of CenterPoint Energy Resources Corp., Texas Coast Division, to increase rates under the
Gas Reliability Infrastructure Program; suspending the effective date of this rate
application for forty-five days; authorizing the City to continue to participate in a coalition
of cities know as the “Texas Coast Utilities Coalition” of cities; determining that the
meeting at which the resolution was adopted complied with the Texas Open Meetings
Act; making such other findings and provisions related to the subject; and declaring an
effective date.
10. Update of City of Wharton Grant Programs.
11. Update of City of Wharton on-going Projects.
12. Appointments and Resignations to the City of Wharton Boards, Commissions and
Committees:
A. Beautification Commission.
B. Building Standards Commission.
C. Planning Commission.
D. Plumbing and Mechanical Board.
E. Housing Finance Corporation.
13. City Council Boards, Commissions and Committee Reports:
A. Wharton Economic Development Corporation meeting held February 22,
2021.
14. 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.
Executive Session:
15. 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 regard 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.
Return to Open Session:
16. 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.
Adjournment.
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