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City Council Regular Meeting

Regular Meeting

Wharton, TX · June 28, 2021

AgendaMinutes

Minutes

MINUTES OF CITY OF WHARTON CITY COUNCIL MEETING JUNE 28, 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, Russell Machann, Don Mueller and Steve Schneider. Councilmember absent was: Clifford Jackson. Staff members present were: City Manager Joseph R. Pace, City Attorney Paul Webb, Finance Director Joan Andel, City Secretary Paula Favors, TRMC, CPM, MMC, Assistant to the City Manager Brandi Jimenez, Community Development Director Gwyn Teves, Civic Center Manager Makyla Monroe and Public Works Director Anthony Arcidiacono. Visitors present were: Albert Villegas with the Wharton Journal Spectator. Roll Call and Excused Absences. After some discussion, Councilmember Russell Machann moved excuse Councilmember Clifford Jackson. Councilmember Steve Schneider seconded the motion. All voted in favor. Wharton Moment. City Attorney Paul Webb introduced City Manager Joseph R. Pace and welcoming him to the City of Wharton. Mayor Tim Barker stated that his grandson, Blake Boenisch was enjoying college after starting at Rice University. Public Comments. The first item on the agenda was to review and consider the City of Wharton Financial Report for May 2021. Mrs. Andel stated that the TexPool balance for May was $31, 003. 61 with an average monthly yield of. 01%. She said the Prosperity Bank balance for May 2021 was $ 23, 697,531. 33 with an average monthly yield of .50%. After some discussion, Councilmember Don Mueller moved to approve the City of Wharton Financial Report for the month of May 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. Vazquez for an Extension of Variance for Temporary Placement of Travel Trailer for Temporary Housing at 532 E. Elm Street. City Manager Joseph R. Pace stated Mr. Vazquez was requesting an extension for City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 2 of 14 the 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. City Manager Pace said Mr. Vazquez had requested and was granted a variance allowing him to place and live in a Travel Trailer at 832 E. Elm Street as temporary housing for a period of six ( 6) months while constructing a new home on January 1, 2021. He said the variance was set to expire June 30, 2021 and Mr. Vazquez not completed construction on his home and requesting an extension. After some discussion, Councilmember Alice Heard- Roberts moved to approve the request from Mr. Vazquez for an Extension of Variance for Temporary Placement of Travel Trailer for Temporary Housing at 532 E. Elm Street for a one- time extension of an additional six months beginning July 1, 2021 ending December 31, 2021. Councilmember Don Mueller seconded the motion. All voted in favor. The third item on the agenda was to review and consider resolution of the Wharton City Council authorizing and ratifying the purchase of emergency repair work and materials from Mickie Service Company and Texas Pride Utilities for sewer line and water line repairs at US 59 and authorizing the City Manager of the City of Wharton to execute all documents related to said purchases. City Manager Joseph R. Pace stated that on Friday, June 15, 2021 a cave- in was found on the 21" main trunk line that feeds WWTP# 2 on US 59. City Manager Pace said that during the emergency repair work on the main line, it was also determined that the 16" waterline at the same location also required emergency repair and the following items/services have been performed or ordered in order to complete the repairs: Mickie Service Company-$ 19, 195. 94 Emergency mobilization, repair work and materials to restore to hotel. Texas Pride Utilities-$68, 000. 00 estimate Emergency mobilization, repair work and materials to repair sewer line and waterline. Public Works Director Anthony Arcidiacono stated that there would also be additional invoices from Mercer Construction and Odessa Pumps that had to be used for additional emergency work but invoices have not been received at this time. After some discussion Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 59, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 59 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING AND RATIFYING THE PURCHASE OF EMERGENCY REPAIR WORK AND MATERIALS FROM MICKIE SERVICE COMPANY AND TEXAS PRIDE UTILITIES FOR SEWER LINE AND WATER LINE REPAIRS AT US 59 AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASES. WHEREAS, The City of Wharton incurred emergency repair work at the main sewer line and water line on US 59; and, WHEREAS, The City of Wharton had to make emergency repairs to both lines; and, City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 3 of 14 WHEREAS, The Wharton City Council ratifies the purchase of emergency repair work and materials and wishes to authorize the City Manager of the City of Wharton to execute all documents. 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 of the City of Wharton to execute all documents related to the purchase of the emergency repairs and materials needed for the sewer line and water line at US 59. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 28th day of June 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Alice Heard-Roberts seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider resolution of the Wharton City Council authorizing and ratifying the purchase of a booster pump from Precision Pump and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. City Manager Joseph R. Pace stated that on Wednesday, June 10, 2021, Utility Superintendent Harold Matula discovered the booster pump at the Alabama Well had failed to the point of emergency replacement. Public Works Director Anthony Arcidiacono stated a replacement pump was ordered which required an eight ( 8) week lead time. City Manager Pace presented a copy of the invoice from Precision Pump in the amount of $22, 750. 00. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2021- 60, which read as follows. CITY OF WHARTON RESOLUTION NO. 2021- 60 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING AND RATIFYING THE PURCHASE OF A BOOSTER PUMP FROM PRECISION PUMP AND City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 4 of 14 AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The City of Wharton received damage to the Alabama Water Well booster pump; and, WHEREAS, The City of Wharton had to make emergency repairs to the well; and, WHEREAS, The Wharton City Council ratifies the purchase of a booster pump and wishes to authorize the City Manager ofthe City of Wharton to execute all documents. 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 of the City of e all documents related to the purchase Wharton to execute P of a booster pump urn for emergency repairs at the Alabama Water Well. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 28th day of June 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 fifth item on the agenda was to review and consider Final Acceptance: Wharton County Electric Cooperative, Inc.: Ordinance: An ordinance authorizing the Mayor of the City of Wharton to execute on behalf of the City of Wharton, Texas, an Electric Power Distribution Franchise with Wharton County Electric Cooperative, Inc., and its successors and assigns, to use the Public Right- of Way of the City for the distribution of electric power; providing for a period of grant; for consideration; for construction and relocation of system facilities; for assignment; and for publication in accordance with the authority granted in this ordinance. City Manager Joseph R. Pace stated that during the April 26, 2021 Wharton City Council meeting, the City Council was presented with a draft copy of the proposed franchise agreement between the City of Wharton and the Wharton County Electrical Cooperative( WCEC) for electric power distribution. City Manager Pace said the City of Wharton Charter Section 117— Franchises, maximum life; power of council, requires that franchise agreements( ordinances) must be read at three separate meetings of the City City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 5 of 14 Council. Finance Director Joan Andel stated the first reading of the ordinance occurred during the regular meeting on May 10, 2021, the second reading occurred on May 24, 2021 and the third reading was held during the regular meeting on June 14, 2021. Mrs. Andel said the City Charter Section 117 stated that the franchise agreements shall not be finally passed within the thirty days of its first reading; therefore, the City Staff was requesting the City Council to read the ordinance a fourth time for final acceptance and pass the ordinance granting the franchise agreement. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Ordinance No. 2021- 09, which read as follows: CITY OF WHARTON ORDINANCE NO. 2021- 09 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ON BEHALF OF THE CITY OF WHARTON, TEXAS, AN ELECTRIC POWER DISTRIBUTION FRANCHISE WITH WHARTON COUNTY ELECTRIC COOPERATIVE, INC., AND ITS SUCCESSORS AND ASSIGNS, TO USE THE PUBLIC RIGHTS-OF-WAY OF THE CITY FOR THE DISTRIBUTION OF ELECTRIC POWER; PROVIDING FOR PERIOD OF GRANT; FOR CONSIDERATION; FOR CONSTRUCTION AND RELOCATION OF SYSTEM FACILITIES; FOR ASSIGNMENT; AND FOR PUBLICATION IN ACCORDANCE WITH THE AUTHORITY GRANTED IN THIS ORDINANCE. The following statements are true and correct and constitute the basis upon which the City Council of the City of Wharton, Texas ( the " City") may pass, approve and adopt this Ordinance: WHEREAS, Texas Utilities Code § 41. 005 provides that " An electric cooperative shall be an electric utility for purposes of Section 182. 025, Tax Code, and Section 33. 008."; and, WHEREAS, Texas Utilities Code § 33. 008( a) provides that, " a municipality may impose on an electric utility, transmission and distribution utility ... or electric cooperative that provides distribution service within the municipality a reasonable charge as specified in Subsection( b) for the use of a municipal street, alley, or public way to deliver electricity to a retail customer."; and, WHEREAS, Wharton County Electric Cooperative, Inc. is an " electric cooperative" as that term is defined in the Texas Utilities Code and wishes to use the City of Wharton' s streets, alleys, and public ways to deliver electricity to retail customers; and, WHEREAS, the City of Wharton wishes to grant Wharton County Electric Cooperative, Inc. Company") the right to use its streets, alleys, and public ways to distribute electricity to retail customers for a reasonable charge; and, WHEREAS, the City of Wharton finds that the charge provided in this Franchise Agreement is reasonable and comparable to fees charged to other providers; and, City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 6 of 14 WHEREAS, the City Council has reviewed the terms and conditions of the agreement covering the City' s grant of the Franchise to Company (" Franchise"), as described with greater specificity below; and, WHEREAS, the City Council adopts this Franchise Authorizing Ordinance which authorizes the Mayor of the City to execute a Franchise with Company on behalf of the City strictly upon the terms as set forth herein; and, WHEREAS, City of Wharton finds that the publication of this Ordinance, as required by the City Charter Section 117( b), fully complies with that Charter requirement, with the Franchise being available to the public to review in the City Secretary' s Office; and, WHEREAS, upon passage, approval and adoption of this Ordinance, and after publication and written acceptance by the Company, the Mayor may execute the Franchise on behalf of the City, which Franchise shall include the terms and conditions as described herein; and, WHEREAS, as set forth herein, the terms and conditions of the Franchise are provided for summary purposes only and are limited in their entirety by the actual terms and conditions of the Franchise to be entered into by and between the City and the Company; capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Franchise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: Section 1. The City Council adopts this Franchise Authorizing Ordinance authorizing the Mayor to execute on behalf of the City a Franchise with Company, which Franchise shall include the following terms and conditions: a) The term of the Franchise shall be no longer than ten( 10) years; b) Company shall provide the City with written acceptance of the Franchise in accordance with its term; c) Company shall pay to the City on a quarterly basis a franchise fee in the amount of four percent ( 4%) of Company' s Gross Revenue for the privileges conferred to Company under the Franchise, or the maximum allowed by Section 33. 008 of the Texas Utilities Code; d) City shall be allowed to review books and records ofthe Company to verify franchise fee payments; e) Company shall agree to abide by with all applicable City ordinances concerning the construction, use, excavation, maintenance, operation, and removal of the Company' s electrical system facilities that are in, on or over the public rights- of-way in the City; f) Company shall relocate its electrical distribution facilities at its cost for City construction projects; City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 7 of 14 g) Company shall indemnify the City; h) The Franchise may not be assigned or transferred by Company without the prior written consent of the City, as provided for in the Franchise; i) The Franchise shall provide for forfeiture and termination for material breaches; j) Venue for disputes shall be in Wharton County; k) Company shall distribute electrical power service in full conformity with its tariffs, but only in the areas ofthe City where the Company is authorized to provide electrical power service. Section 2. Upon publication of this Ordinance as required by the City Charter Section 117(b), and written acceptance of the Franchise by Company, the City Council hereby authorized the Mayor to execute on behalf of the City and with Company a Franchise having the terms and conditions as described above. Section 3. This Ordinance shall be in full force and effect following its publication in accordance with the City Charter Section I I7(b). Read in full and passed and adopted on first reading at a regular meeting of the City Council of 10th Wharton, Texas, on the day of May 2021, and approved by the Mayor. APPROVED: TIM BARKER MAYOR OF THE CITY OF WHARTON, TEXAS ATTEST: PAULA FAVORS CITY SECRETARY OF WHARTON, TEXAS Councilmember Don Mueller seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider resolution of the Wharton City Council authorizing the purchase of an air conditioning unit for the Pre-Function Area ofthe Wharton Civic Center and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. Finance Director Joan Andel stated one of the two air conditioning units in the Pre- Function Area of the Civic Center was currently not operational and Civic Center Manager, Makyla Monroe, had obtained three bids for a replacement unit as follows: City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 8 of 14 1. Roberson Air Conditioning-$ 9, 600.00 2. Hunter Air& Heat, Inc.-$ 9, 500.00 3. Eldridge Air Conditioning-$ 8, 868. 30 After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2021- 61, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 61 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF AN AIR CONDITIONING UNIT FOR THE PRE- FUNCTION AREA OF THE WHARTON CIVIC CENTER AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, Bids were received for the air conditioning unit for the Pre- Function Area of the Wharton Civic Center; and, WHEREAS, Roberson Air Conditioning was deemed the best lowest qualified bidder in the amount of$9, 600.00; and, WHEREAS, The Wharton City Council wishes to approve Roberson Air Conditioning for the air conditioning unit for the Pre- Function Area of the Wharton Civic Center in the amount of$ 9, 600. 00; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. 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 of the City of Wharton, Texas, to execute all documents related to the purchase of the air conditioning unit for the Pre-Function Area of the Wharton Civic Center to Roberson Air Conditioning in the amount of$9, 600. 00. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 28th day of June 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 9 of 14 ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider resolution ofthe Wharton City Council approving the Interlocal Agreement with the Texas Municipal League Health Benefits Pool( TML Health Benefits Pool) for medical, long- term disability, life, accidental death & dismemberment, for flexible spending account, health reimbursement account and voluntary vision plans for city employees for the October 1, 2021 to September 30, 2022 Fiscal Year; and Sun Life Financial for voluntary dental coverage for City employees; authorizing the Mayor of the City of Wharton to execute all City Manager Joseph R. Pace presented a copy documents relating to said contracts. of a memorandum from City Secretary Paula Favors regarding the City of Wharton TML- Multistate IEBP Health re- rate options for the 2021- 2022 year. City Manager Pace said the recommendation from the City Staff was to consider TML Health Benefits Pool for the employee' s health insurance plan and contribute the previous year' s amount of $ 1, 250. 00 to a Health Reimbursement Agreement( HRA) to offset the deductible or other medical expenses. Mrs. Favors stated it was City Staff' s request to add voluntary Vision Option H to the 2021- 2022 TML Health Benefits Pool plan. She said that there were no changes in the rates for the Voluntary Sun Life Financial Dental Coverage and the City Council Finance Committee met on June 28, 2021 and were recommending the City Council consider approving the request. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 62, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 62 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE HEALTH BENEFITS POOL ( TML HEALTH BENEFITS POOL) FOR MEDICAL, LONGTERM DISABILITY, LIFE, ACCIDENTAL DEATH & DISMEMBERMENT, FOR FLEXIBLE SPENDING ACCOUNT AND HEALTH REIMBURSEMENT ACCOUNT PLANS FOR CITY EMPLOYEES FOR THE OCTOBER 1, 2021 TO SEPTEMBER 30, 2022 FISCAL YEAR AND SUN LIFE FINANCIAL FOR VOLUNTARY DENTAL COVERAGE FOR CITY EMPLOYEES; AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATING TO SAID CONTRACTS. WHEREAS, The City of Wharton received the renewal rate for medical, long-term disability, life, accidental death & dismemberment for city employees and Sun Life Financial for voluntary dental coverage for City employees; and, City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 10 of 14 WHEREAS, The City ofWharton medical plan with Texas Municipal League Health Benefits Pool would be renewed with an 2% decrease and Sun Life Financial would remain unchanged; and, WHEREAS, The City of Wharton would provide to each full time employee a $ 1, 250 yearly contribution to the employee health reimbursement account ( HRA) administered by the TML Health Benefits Pool; and, WHEREAS, The Mayor ofthe City of Wharton has executed on behalf ofthe City said 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 the interlocal agreement with the Texas Municipal League Health Benefits Pool for medical, long-term disability, life and accidental death & dismemberment coverage and Sun Life Financial for voluntary dental coverage for City employees signed by the Mayor. Section II. That Wharton City Council hereby approves providing to each full-time employee a 1, 250 yearly contribution to the employee health reimbursement account ( HRA) administered by the TML Health Benefits Pool. Section III. That the Mayor of the City of Wharton execution of all documents relating to the aforementioned agreements are hereby approved. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 28th day of June 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Don Mueller seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider Update of City of Wharton Grant Programs. City Manager Joseph R. Pace 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. City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 11 of 14 The ninth item on the agenda was to review and consider Update of City of Wharton on- going Projects. City Manager Joseph R. Pace presented his memorandum dated June 23, 2021 providing an update on the City of Wharton current projects as of May 31, 2021, which read as follows: FLOOD REDUCTION (LEVEE) PROJECT Phase I Report - City of The U. S. Army Corp of Engineers ( USACE) Lower Colorado River 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 Iittp:// www.city of,.vhartolicom/inforniation- a- notices/ lcrb-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 Department is currently working out the details. The ditch improvements were proposed under the Texas General Land Office GLO) Infrastructure Grant Program. The staff is currently working with an appraiser for ROW acquisition. 3. On-going Drainage and Maintenance Program. The Public Works Department has continued working on cleaning residential drainage 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 May. 2. Water Well and Water Plant Project— CR 222 ( Halford). City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 12 of 14 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 have been approved. The City Council and USDA have approved the construction contracts with a preconstruction date being set in the near future. USDA and the City Staff have begun the funding closeout. 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 has received the funding for the project under the State Infrastructure Bank ( SIB) Program. TxDOT and City completing the final plan design. the The City has begun the acquisition of property needed for the project. 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 July 2021. After some discussion, no action was taken. The tenth item on the agenda was to review and consider Appointments and Resignations to the City of Wharton Boards, Commissions and Committees. City Manager Joseph R. Pace presented a copy of the list of persons serving on the various City Boards, Commissions and Committees. Assistant to the City Manager Brandi Jimenez stated there were still vacancies that also need to be filled. Resignations: Mr. Oscar Uribe from the Electrical Board. Appointments: Mr. Zac Henson to the Electrical Board. Mr. Burnell Neal to the Building Standards Committee After some discussion, Councilmember Terry Freese moved to accept the resignation of Mr. Oscar Uribe from the Electrical Board and appoint the follows: Term Expiring: Zac Henson - Electrical Board. June 30, 2023 i City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 13 of 14 Burnell Neal - Building Standards Committee June 30, 2023 Councilmember Steve Schneider seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider 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. Executive Session 1. 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: 1. City Manager Contract. Mayor Tim Barker moved the meeting into Closed Session at 7: 25 p.m. Return to Open Session 1. Action on items discussed in Executive Session: 1. City Manager Contract. Mayor Tim Barker returned the meeting to Open Session at 7: 32 p. m. After some discussion, Councilmember Russell Machann moved to approve amending the City Manager' s contract to allow the City Manager to live in the City of Wharton' s Extraterritorial Jurisdiction ( ETJ). Councilmember Alice Heard- Roberts seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- June 28, 2021 Page 14 of 14 Adjournment. There being no further discussion, Councilmember Don Mueller moved to adjourn. Councilmember Terry Freese seconded the motion. All voted in favor. The meeting adjourned at 7: 33 p.m. CITY OF WHARTON, TEXAS By: 64- TIM BARKER A 44 Mayor T ST: P ULA FAVORS City Secretary 17. n I A,\

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, June 28, 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, June 28, 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 24th day of June 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 June 24, 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. Dated this 24th day of June 2021. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, June 28, 2021 City Hall - 7:00 PM 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 May 2021 2. Request from Mr. Vazquez for an Extension of Variance for Temporary Placement of Travel Trailer for Temporary Housing at 532 E. Elm Street. 3. Resolution: A resolution of the Wharton City Council authorizing and ratifying the purchase of emergency repair work and materials from Mickie Service Company and Texas Pride Utilities for sewer line and water line repairs at US 59 and authorizing the City Manager of the City of Wharton to execute all documents related to said purchases. 4. Resolution: A resolution of the Wharton City Council authorizing and ratifying the purchase of a booster pump from Precision Pump and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. 5. Final Acceptance: Wharton County Electric Cooperative, Inc.: Ordinance: An ordinance authorizing the Mayor of the City of Wharton to execute on behalf of the City of Wharton, Texas, an Electric Power Distribution Franchise with Wharton County Electric Cooperative, Inc., and its successors and assigns, to use the Public Right-of Way of the City for the distribution of electric power; providing for a period of grant; for consideration; for construction and relocation of system facilities; for assignment; and for publication in accordance with the authority granted in this ordinance. 6. Resolution: A resolution of the Wharton City Council authorizing the purchase of an air conditioning unit for the Pre-Function Area of the Wharton Civic Center and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. 7. Resolution: A resolution of the Wharton City Council approving the Interlocal Agreement with the Texas Municipal League Health Benefits Pool (TML Health Benefits Pool) for medical, long-term disability, life, accidental death & dismemberment, for flexible spending account, health reimbursement account and voluntary vision plans for city employees for the October 1, 2021 to September 30, 2022 Fiscal Year; and Sun Life Financial for voluntary dental coverage for City employees; authorizing the Mayor of the City of Wharton to execute all documents relating to said contracts. 8. Update of City of Wharton Grant Programs. 9. Update of City of Wharton on-going Projects. 10. Appointments and Resignations to the City of Wharton Boards, Commissions and Committees. 11. 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: 12. 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: 1. City Manager Contract. Return to Open Session: 13. Action on items discussed in Executive Session: 1. City Manager Contract. Adjournment.

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