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City Council Regular Meeting

Regular Meeting

Wharton, TX · July 12, 2021

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Minutes

MINUTES OF CITY OF WHARTON REGULAR CITY COUNCIL MEETING JULY 12, 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, Alice Heard- Roberts, Clifford Jackson, Russell Machann, Don Mueller and Steve Schneider. Councilmember, absent was: Terry Freese. Staff members present were: City Manager, Joseph R Pace, Assistant City Attorney Amy Rod, Finance Director, Joan Andel, City Secretary, Paula Favors, TRMC, CPM, MMC, Assistant to the City Manager, Brandi Jimenez, Public Works Director, Anthony Arcidiacono and Emergency Management Coordinator, Steve Johnson. Visitors present were: Wharton Economic Development Corporation Executive Director, Josh Owens, Stephen Wisnieski, Myrvle Lindberg, Albert Villegas with the Wharton Journal Spectator. Roll Call and Excused Absences. After some discussion, Councilmember, Russell Machann moved to excuse Councilmember, Terry Freese. Councilmember, Steve Schneider seconded the motion. All voted in favor. Public Comments. Mayor, Tim Barker called for Public Comments. No comments were given. Wharton Moment. Mayor, Tim Barker called for Wharton Moment. No comments were given. Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meetings held June 14, 2021 and June 28, 2021 and special meeting held June 22, 2021. City Manager, Joseph R. Pace, presented a copy of draft minutes from the regular meetings held June 14, 2021, and June 28, 2021, and special meeting held June 22, 2021. Councilmember, Russell Machann moved to approve the reading of the minutes from the regular meetings held June 14, City of Wharton Regular City Council Meeting July 12, 2021 Page 2 of 15 2021, and June 28, 2021, and special meeting held June 22, 2021. Councilmember, Steve Schneider seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request by Ms. Ana Garibaldi for a 4' side building line setback variance from the required 5' setback and a 12' front building line setback variance from the required 25' setback for a rebuild and extension of carport at 108 E. Wayside Ave., Hawes 3, Block 36, Lots 9& 10. City Manager, Joseph R. Pace, presented a copy of the request by Ms. Ana Garibaldi for a 4' side building line setback variance from the required 5' setback and a 12' front building line setback variance from the required 25' setback for a rebuild and extension of carport at 108 E. Wayside Ave., Hawes 3, Block 36, Lots 9 & 10. Community Development Director, Gwyn Teves stated the Planning Commission met on Monday, July 6, 2021, and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember, Clifford Jackson moved to approve the request by Ms. Ana Garibaldi for a 4' side building line setback variance from the required 5' setback and a 12' front building line setback variance from the required 25' setback for a rebuild and extension of carport at 108 E. Wayside Ave., Hawes 3, Block 36, Lots 9 & 10. Councilmember, Russell Machann seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request by Mr. Stephen Wisnieski of My Storehouse Mini Storage for a 10' side building line setback variance from the required 20' setback and a 7' front building line setback variance from the required 35' setback for new construction at 1810 Stadium Rd., Brod Acres, Block 17H- 2. City Manager, Joseph R. Pace, presented a copy of a request by Mr. Stephen Wisnieski of My Storehouse Mini Storage for a 10' side building line setback variance from the required 20' setback and a 7' front building line setback variance from the required 35' setback for new construction at 1810 Stadium Rd., Brod Acres, Block 17H- 2. Community Development Director, Gwyn Teves, stated the Planning Commission met on Monday, July 6, 2021 and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember, Russell Machann moved to approve the request by Mr. Stephen Wisnieski of My Storehouse Mini Storage for a 10' side building line setback variance from the required 20' setback and a 7' front building line setback variance from the required 35' setback for new construction at 1810 Stadium Rd., Brod Acres, Block 17H- 2. Councilmember, Don Mueller seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request by Ms. Jenny Soto of Byrdsons Services on behalf of Maricrus Paniagua for a 3' side building line setback variance from the required 5' setback for a new construction at 2511 Jr. College Blvd., Hawes 4th, Block 14, Lot 3. City Manager, Joseph R. Pace, presented a copy of a request by Ms. Jenny Soto of Byrdsons Services on behalf of Maricrus Paniagua for a 3' side building line setback variance from the required 5' setback for a new construction at 2511 Jr. College Blvd., Hawes 4th, Block 14, Lot 3. Community Development Director, Gwyn Teves, stated the Planning Commission met on Monday, July 6, 2021, and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember, Alice Heard- Roberts moved to approve the request by Ms. Jenny Soto of Byrdsons Services on behalf of Maricrus Paniagua for a 3' side building line City of Wharton Regular City Council Meeting July 12, 2021 Page 3 of 15 setback variance from the required 5' setback for a new construction at 2511 Jr. College Blvd., Hawes 4th, Block 14, Lot 3. Councilmember, Clifford Jackson seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a request from Mr. Michael Quinn and Mr. Myrvle Lindberg, Jr. for removal of trees located behind their homes in the City Alleyway. City Manager„ Joseph R. Pace, presented copies of requests from Mr. Michael Quinn and Mr. Myrvle Lindberg, Jr. regarding the large amount of vegetation that was located behind their homes in the City Alleyway. City Manager, Pace stated that Mr. Quinn stated in his letter that there were five( 5) large hackberry trees that continue to lose large limbs and have a high risk of falling over. He said the item presented at the June 14, 2021, was City Council meeting and after some discussion, the item was requested to be brought back after further review. City Secretary, Paula Favors, stated the homes in the area were platted with a 10' Alleyway on the backside of the properties and this City Alleyway had over the years been taken in by some property owners and was no longer accessible as the public right of way it was platted for. Public Works Director, Anthony Arcidiacono, stated he requested an estimate for tree removal from R.J.K. Tree Trimming and Removal, L.L.C. which was in the amount of$6,000 to remove five (5) trees and grind down the stumps. Mr. Arcidiacono said that he and Facilities Maintenance Director, Bob Baker, meet with the home owners to discuss other options and Mr. Baker stated that he felt the removal ofthe trees could be handled by his department within two to three days with the rental ofa bucket truck- not to exceed $ 1, 500. He said both Mr. Quinn and Mr. Lindberg have offered to allow to access through their respective properties, the trees for removal and both had been made aware that a Right of Entry and Release of Liability would be required, if the removal was approved by City Council. After some discussion, Alice Heard- Roberts moved to approve the removal of the five 5) large hackberry trees by the City of Wharton Facilities Maintenance Department with a full assessment of clearing the entire alley and receiving a right of entry from Mr. Lindberg and Mr. Quinn. Councilmember, Clifford Jackson seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider an update on the City of Wharton 2020 Street Improvement Project. The City Staff will update the City Council on the City of Wharton 2020 Street Improvement Project. Public Works Director, Anthony Arcidiacono, stated it was his recommendation to discontinue further work with Fuquay, Inc. After some discussion, no action was taken. The seventh item on the agenda was to review and consider a resolution of the Wharton City Council approving the submission of a letter of intent to participate in the Development of the Operations and Maintenance Plan for the Wharton Independent School District Safe Room and authorizing the Emergency Management Coordinator ofthe City of Wharton to execute said letter. City Manager, Joseph R. Pace, stated that on July 1, 2021, the City Staff received a copy of a proposed letter to the Hazard Mitigation Section of the Texas Division of Emergency Management in reference to the Shelter Dome on Wharton ISD property. City Manager, Pace presented a copy of the letter with the original wording with edits and additions that were proposed. Emergency Management Coordinator Steve Johnson stated the letter was needed for Wharton I. S. D. to move City of Wharton Regular City Council Meeting July 12, 2021 Page 4 of 15 forward on the Shelter Dome project. After some discussion, Councilmember, Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 63, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 63 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE SUBMISSION OF A LETTER OF INTENT TO PARTICIPATE IN THE DEVELOPMENT OF THE OPERATIONS AND MAINTENANCE PLAN FOR THE WHARTON INDEPENDENT SCHOOL DISTRICT HURRICANE SAFE ROOM AND AUTHORIZING THE EMERGENCY MANAGEMENT COORDINATOR OF THE CITY OF WHARTON TO EXECUTE SAID LETTER WHEREAS, On July 1, 2021, the City Staff received a copy of a proposed letter regarding the Hazard Mitigation Section of the Texas Division of Emergency Management in reference to the Hurricane Safe Room Project on Wharton ISD property; and, WHEREAS, This letter is needed for Wharton Independent School District to move forward on the Hurricane Safe Room Project.; and, WHEREAS, The Wharton City Council wishes to authorize the Emergency Management Coordinator of the City of Wharton to execute all documents related to said letter. 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 letter regarding the Hazard Mitigation Section of the Texas Division of Emergency Management in reference to the Hurricane Safe Room Project on Wharton ISD property. Section II. That the Wharton City Council hereby authorizes the Emergency Management Coordinator of the City of Wharton to execute all documents related to said letter. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 12"' day of July 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: City of Wharton Regular City Council Meeting July 12, 2021 Page 5 of 15 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 Intention to Issue Certificates of Obligation for the Texas Water Development Board Flood Infrastructure Fund: A. Resolution: A resolution authorizing Publication ofNotice of Intention to Issue Certificates of Obligation. B. Resolution: A resolution of the City Council of the City of Wharton, Texas, expressing intent to finance expenditures to be incurred. City Manager, Joseph R. Pace, stated the City staff had been working with Mr. James Gilley of U.S. Capital Advisors LLC, the City' s financial advisor, and Tom Sage, bond counsel with Hunton Andrews Kurth LLP, regarding the intention to issue certificates of obligation for the Texas Water Development Board Flood Infrastructure Fund( FIF) project. City Manager, Pace said this project was a drainage project which encompasses the Nelga/ Stavena addition, Ahldag addition, and Caney Creek area and the city was awarded a grant under the FIF in the amount of$ 2, 400, 157 which was 48% of the eligible project cost of$ 5, 000,328. Finance Director, Joan Andel, stated that thru the issuance of the certificates of obligation in the amount of$2, 601, 000, the City would be able to fund the entire project. Mrs. Andel said the notice of intent was required to be published once a week for two (2) consecutive weeks, the date of the first publication to be at least forty- six 46) days before the date of the passage ofthe ordinance authorizing the issuance of the certificates of obligation and it her recommendation that the City publish the notice of intent for the first publication on Wednesday, July 14, 2021 and on July 21, 2021. She said the Finance Committee will meet on July 12, 2021 and were recommending City Council consider approving the request. After some discussion, Councilmember, Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 64 and 2021- 65, which read as follows: RESOLUTION NO. 2021- 64 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTY OF WHARTON § CITY OF WHARTON City of Wharton Regular City Council Meeting July 12, 2021 Page 6 of 15 WHEREAS, the City Council of the City of Wharton, Texas ( the " City"), deems it advisable to issue certificates of obligation of the City in accordance with the Notice hereinafter set forth; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON: Section 1.The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law and in substantially the form attached hereto as Exhibit A. a notice of intention to issue certificates of obligation( the" Notice"). Section 3. The Notice authorized in Section 2 above shall be published once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be at least forty- six( 46) days before the date tentatively set in said Notice for the passage ofthe ordinance authorizing the issuance of such certificates of obligation. Further, the Notice shall be continuously posted on the City' s Internet website, for at least forty-five (45) days before the date tentatively set for the passage of the order or ordinance authorizing the issuance of the certificates. Section 4. For the purposes of the Notice, the City hereby designates as self-supporting those public securities listed in the attached Exhibit B, the debt service on which the City currently pays from sources other than ad valorem tax collections. Section 5. The Mayor, City Secretary, and other officers and agents of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 6. This resolution shall take effect immediately upon its passage. Section 7. The Notice and agenda relating to this meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, and ratified. PASSED AND APPROVED the 12th day of July, 2021. Mayor City of Wharton, Texas ATTEST: City of Wharton Regular City Council Meeting July 12, 2021 Page 7 of 15 City Secretary City of Wharton, Texas RESOLUTION 2021- 65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED THE STATE OF TEXAS § CITY OF WHARTON WHEREAS, the City of Wharton, Texas ( the " City"), is a home rule city of the State of Texas, authorized to finance its activities by issuing obligations pursuant to the Texas Government Code and Texas Local Government Code, which may include obligations that qualify for an income tax credit or obligations the interest on which is excludable from gross income for federal income tax purposes (" tax- advantaged obligations"), pursuant to Section 103 of the Internal Revenue of 1986, as amended ( the" Code"), or both; and, WHEREAS, the City has made, within the last 60 days, and will continue to make payments with respect to the acquisition of the projects listed on Exhibit A attached hereto the" Financed Facilities and Improvements"); and, WHEREAS, the City reasonably expects to issue Tax-Advantaged Obligations to reimburse itself for the costs associated with the Financed Facilities and Improvements; and WHEREAS, the City desires to reimburse itself for the costs associated with the Financed Facilities and Improvements from the proceeds of Tax-Advantaged Obligations to be issued subsequent to the date hereof; and, NOW, THEREFORE, be it resolved that: The City hereby declares its intent to reimburse itself for all costs paid within the last 60 days and that will be paid subsequent to the date hereof in connection with the acquisition of the Financed Facilities and Improvements from the proceeds of Tax-Advantaged Obligations to be issued subsequent to the date hereof. The City reasonably expects that the maximum principal amount of tax- advantaged obligations issued by the City to finance costs associated with the Financed Facilities and Improvements listed on Exhibit A and other improvements attached hereto will not exceed 2, 601, 000. This Resolution will be kept in the books and records maintained by the City with respect to the tax- advantaged obligations. City of Wharton Regular City Council Meeting July 12, 2021 Page 8 of 15 PASSED AND APPROVED this 12th day of July, 2021. CITY OF WHARTON, TEXAS By: Mayor ATTEST: City Secretary APPROVED AS TO FORM Hunton Andrews Kurth LLP, Bond Counsel Councilmember, Steve Schneider seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider a resolution ofthe Wharton City Council submitting a nomination for a candidate to the Texas Municipal League — Intergovernmental Health Benefits Pool Board of Trustees— TML Region 14. City Manager, Joseph R. Pace presented a copy of the letter dated July 2, 2021 from the Texas Municipal League Health Benefits Pool regarding a Notice of Opportunity to submit the name of a qualified person for election to the Board of Trustees Region 14. City Manager, Pace stated the person elected shall take office on October 1, 2021 and serve a term for three( 3) years and nominations were to be made to the Board Secretary by Thursday, August 12, 2021. City Manager, Pace presented a copy of a memorandum from City Secretary/ Assistant City Manager, Paula Favors regarding her interest to serve on the Board and requesting the City Council submit her name as a candidate for Region 14. After some discussion, Councilmember, Russell Machann moved to approve City of Wharton Resolution No. 2021- 66, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 66 A RESOLUTION OF THE WHARTON CITY COUNCIL SUBMITTING A NOMINATION City of Wharton Regular City Council Meeting July 12, 2021 Page 9 of 15 FOR A CANDIDATE TO THE TEXAS MUNICIPAL LEAGUE — INTERGOVERNMENTAL HEALTH BENEFITS POOL BOARD OF TRUSTEES —TML REGION 14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS hereby submits the name of Paula Favors, appointed position of City Secretary/ Assistant City Manager, from the City of Wharton as a qualified person to be placed on the ballot for the TML Health Benefits Pool Board of Trustees for Region 14. FURTHER, the governing body hereby certifies that the municipal employee is paid by the Employer Member with public funds; and is hired and fired only by another incorporated city official or by the incorporated City' s governing body. THAT, the nominee, if elected, will not serve as both a voting member ofTML Health and as a voting member ofthe Texas Municipal League or the Texas Municipal League Intergovernmental Risk Pool. WHEREAS, it is certified that this submission is made in accordance with official action taken by the governing body at a duly called meeting on July 12, 2021. Passed, Approved, and Adopted this 12th day of July 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 tenth item on the agenda was to review and consider a resolution authorizing the sale of City of Wharton surplus personal property in accordance with the City Charter Section 75 Sale of City Personal Property through wt, NN. publicsulplus. com. City Manager, Joseph R. Pace presented a copy of the list of surplus personal property that the City Staff was requesting City Council approval to advertise for bids and a draft resolution authorizing the surplus personal property City of Wharton Regular City Council Meeting July 12, 2021 Page 10 of 15 bidding process through www.publicsurplus.com and authorizing the City Manager, to sell items that were not sold through the bidding process on a first come first serve basis. City Secretary, Paula Favors stated the City Charter Section 75 Sale of City personal property; procedures, required that items that were valued at $ 1, 000 or more must be sold through the bidding process. After some discussion, Councilmember, Alice Heard-Roberts moved to approve City of Wharton Resolution No. 2021- 67, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 67 A RESOLUTION AUTHORIZING THE SALE OF CITY OF WHARTON SURPLUS PERSONAL PROPERTY IN ACCORDANCE WITH THE CITY CHARTER SECTION 75 SALE OF CITY PERSONAL PROPERTY THROUGH WWW.PUBLICSURPLUS.COM. WHEREAS, the City of Wharton has identified surplus personal property; and, WHEREAS, the Wharton City Council of the City of Wharton wishes to authorize the City Manager, to sell the surplus personal property ( Attachment A) directly to the public by publication notification in accordance with the City Charter Section 75 Sale of City personal property; and, WHEREAS, the Wharton City Council authorizes sale of surplus property through wNvw. publicsulplus. com; and, WHEREAS, the Wharton City Council wishes to authorize the City Manager, to sell City personal property out right on a first come first serve basis if said property did not sell through the bidding process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that: Section I. The City Council of the City of Wharton hereby authorizes the City Manager, to sell the City of Wharton surplus personal property( Attachment A) in accordance with the City Charter Section 75 Sale of City personal property procedures. Section II. The City Council of the City of Wharton hereby authorizes the sale of this personal property by publication notification. Section III. The Wharton City Council authorizes sale of surplus property through www.publicsurplus.com. Section IV. The Wharton City Council hereby authorizes the City Manager, to sell City personal property out right on a first come first serve basis if said property did not sell through the bidding process. City of Wharton Regular City Council Meeting July 12, 2021 Page 11 of 15 Section V. This resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 12th day of July 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 eleventh item on the agenda was to review and consider a resolution of the Wharton City Council accepting the funding from the Texas Department of Emergency Management American Rescue Plan Act of 2021 ( ABPA) Coronavirus Local Fiscal Recovery Fund and authorizing the Mayor of the City of Wharton to execute all documents related to said award. City Manager, Joseph R. Pace, stated guidance and information were released through the Texas Department of Emergency Management( TDEM) on July 6, 2021, in reference to the American Rescue Plan Act of 2021 ( ABPA) Coronavirus Local Fiscal Recovery Fund. City Manager, Pace said the disbursement of funds would be handled through TDEM and allocated based on the population and per capita of each County and City that was not directly awarded funding. Community Development Director, Gwyn Teves stated the first half of the allocation would be deposited following the submission of the terms and conditions being signed and returned to TDEM by the Mayor. Mrs. Teves said that it was the City Staff' s recommendation that the City Council consider the acceptance the funding and authorize the Mayor to sign the Terms and Conditions, Assurances of Compliance with Civil Rights Requirements and the NEU Budget/Expenditure Certification. After some discussion, Councilmember, Russell Machann moved to approve City of Wharton Resolution No. 2021- 68, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 68 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING THE FUNDING FROM THE TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT AMERICAN RESCUE PLAN ACT OF 2021 ( ARPA) CORONAVIRUS LOCAL FISCAL RECOVERY City of Wharton Regular City Council Meeting July 12, 2021 Page 12 of 15 FUND AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AWARD. WHEREAS, The City of Wharton City Council wishes to accept the funding from the Texas Department of Emergency Management American Rescue Plan Act of 2021 ARPA) Coronavirus Local Fiscal Recovery Fund: and, WHEREAS, The Wharton City Council hereby approves the execution of the Terms and Conditions, Assurances of Compliance with Civil Rights Requirements and the NEU Budget/ Expenditure Certification by the Mayor; and, WHEREAS, to The Wharton City Council wishes to authorize the Mayor ofthe City of Wharton execute all documents relating to said funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the acceptance of the funding from the Texas Department of Emergency Management Texas Department of Emergency Management American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund. SECTION II.The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said funding. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 12th day of July 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Steve Schneider seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider a resolution of the Wharton City Council awarding a contract for construction for the 2016 Community Development Block Grant- Disaster Recovery ( CDBG- DR) Grant Programs administered by the Texas General Land Office City of Wharton Regular City Council Meeting July 12, 2021 Page 13 of 15 GLO) and authorizing the Mayor of the City of Wharton to execute all documents related to said award. City Manager, Joseph R. Pace, stated that on February 4, 2019, the Mayor was notified that the City had been awarded Community Development Block Grant - Disaster Recovery CDBD-DR) funds in the amount of$2 million dollars for the CDBG-DR 2016 Floods Program. City Manager, Pace said there had been two applicants that had new homes completed and one additional applicant that had completed the process and was ready for construction. Community Development Director, Gwyn Teves, stated bids were solicited and received on June 22, 2021, and the bids were reviewed by GrantWorks. After some discussion, Councilmember, Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 69, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 69 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR CONSTRUCTION FOR THE 2016 COMMUNITY DEVELOPMENT BLOCK GRANT — DISASTER RECOVERY(CDBG-DR) GRANT PROGRAMS ADMINISTERED BY THE TEXAS GENERAL LAND OFFICE (GLO) AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AWARD. WHEREAS, The Wharton City Council wishes award services to Arkitektura Development, Inc., for the 2016 Community Development Block Grant— Disaster Recovery( CDBG-DR) grant programs by the Texas General Land Office ( GLO) for administered construction of 122 Moutray Ave., Wharton, TX 77488; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said award. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby awards services to Arkitektura Development, Inc., for the 2016 Community Development Block Grant — Disaster Recovery CDBG-DR) grant programs administered by the Texas General Land Office GLO) for construction of 122 Moutray Ave., Wharton, TX 77488. Section II. The Wharton City Council authorizes the Mayor of the City of Wharton to execute said award. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 12' h day of July 2021. CITY OF WHARTON, TEXAS City of Wharton Regular City Council Meeting July 12, 2021 Page 14 of 15 By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Steve Schneider seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider the Alabama Road Water Well No. 3: A. Pay Request No. 1 from Alsay Incorporated for the emergency work at Alabama Road Water Well No. 3. City Manager, Joseph R. Pace, presented a copy of Pay Request No. 1 from Alsay Incorporated for the emergency work at Alabama Road Water Well No. 3. Public Works Director, Anthony Arcidiacono, recommended the City Council consider approving Pay Request No. 1 from Alsay Incorporated. After some discussion, Councilmember, Russell Machann moved to approve Pay Request No. 1 from Alsay Incorporated for the emergency work at Alabama Road Water Well No. 3. Councilmember, Steve Schneider seconded the motion. All voted in favor. The fourteenth item on the agenda was to review and consider Wharton Economic Development Corporation Fiscal Year 2021- 2022 Annual Budget. City Manager, Joseph R. Pace, presented a copy of the Wharton Economic Development Corporation Fiscal Year 2021- 2022 Annual Budget. City Manager, Pace stated the City Council Finance Committee met on July 12, 2021 at 6: 15 p.m. and discussed the proposed Wharton Economic Development Corporation budget. After some discussion, Councilmember, Don Mueller moved to request the Wharton Economic Development Corporation reevaluate the Fiscal Year 2021- 2022 Annual Budget and resubmit it to the City Council. Councilmember, Alice Heard- Roberts seconded the motion. All voted in favor. The fifteenth 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, stated there were not any resignations or requests for appointments at this time. After some discussion, no action was taken. The sixteenth item on the agenda was to review and consider City Council Boards, Commissions and Committee Reports: A. Finance Committee meeting held June 28, 2021. After some discussion, no action was taken. City of Wharton Regular City Council Meeting July 12, 2021 Page 15 of 15 Adjournment. There being no further discussion, Councilmember, Don Mueller moved to adjourn. Councilmember, Russell Machann seconded the motion. All voted in favor. The meeting adjourned at 7: 51 p.m. CITY OF WHARTON, TEXAS By: 44'( TIM BARKER Mayor ATTEST: P4Uf,A FAVORS City Secretary i

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, July 12, 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, July 12, 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 8th day of July 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 July 8, 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 8th day of July 2021. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, July 12, 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. Reading of the minutes from the regular meetings held June 14, 2021 and June 28, 2021 and special meeting held June 22, 2021. 2. Request by Ms. Ana Garibaldi for a 4’ side building line setback variance from the required 5’ setback and a 12’ front building line setback variance from the required 25’ setback for a rebuild and extension of carport at 108 E. Wayside Ave., Hawes 3, Block 36, Lots 9 & 10. 3. Request by Mr. Stephen Wisnieski of My Storehouse Mini Storage for a 10’ side building line setback variance from the required 20’ setback and a 7’ front building line setback variance from the required 35’ setback for new construction at 1810 Stadium Rd., Brod Acres, Block 17H-2. 4. Request by Ms. Jenny Soto of Byrdsons Services on behalf of Maricrus Paniagua for a 3’ side building line setback variance from the required 5’ setback for a new construction at 2511 Jr. College Blvd., Hawes 4th, Block 14, Lot 3. 5. Request from Mr. Michael Quinn and Mr. Myrvle Lindberg, Jr. for removal of trees located behind their homes in the City Alleyway. 6. Update on the City of Wharton 2020 Street Improvement Project. 7. Resolution: A resolution of the Wharton City Council approving the submission of a letter of intent to participate in the Development of the Operations and Maintenance Plan for the Wharton Independent School District Safe Room and authorizing the Emergency Management Coordinator of the City of Wharton to execute said letter. 8. Intention to Issue Certificates of Obligation for the Texas Water Development Board Flood Infrastructure Fund: A. Resolution: A resolution authorizing Publication of Notice of Intention to Issue Certificates of Obligation. B. Resolution: A resolution of the City Council of the City of Wharton, Texas, expressing intent to finance expenditures to be incurred. 9. Resolution: A resolution of the Wharton City Council submitting a nomination for a candidate to the Texas Municipal League – Intergovernmental Health Benefits Pool Board of Trustees – TML Region 14. 10. Resolution: A resolution authorizing the sale of City of Wharton surplus personal property in accordance with the City Charter Section 75 Sale of City Personal Property through www.publicsurplus.com. 11. Resolution: A resolution of the Wharton City Council accepting the funding from the Texas Department of Emergency Management American Rescue Plan Act of 2021 (ARPA) Coronavirus Local Fiscal Recovery Fund and authorizing the Mayor of the City of Wharton to execute all documents related to said award. 12. Resolution: A resolution of the Wharton City Council awarding a contract for construction for the 2016 Community Development Block Grant-Disaster Recovery (CDBG-DR) Grant Programs administered by the Texas General Land Office (GLO) and authorizing the Mayor of the City of Wharton to execute all documents related to said award. 13. Alabama Road Water Well No. 3: A. Pay Request No. 1 from Alsay Incorporated for the emergency work at Alabama Road Water Well No. 3. 14. Wharton Economic Development Corporation Fiscal Year 2021-2022 Annual Budget. 15. Appointments and Resignations to the City of Wharton Boards, Commissions and Committees. 16. City Council Boards, Commissions and Committee Reports: A. Finance Committee meeting held June 28, 2021. Adjournment.

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