City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL MEETING JULY 26, 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; Alice Heard- Roberts; Clifford Jackson; Russell Machann; Don Mueller and Steve Schneider. Councilmember absent was: None. 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; Community Development Director, Airport Manager, David Allen; Gwyn Teves; Assistant to the Community Development Director, Krystal Hasselmeier and Assistant to the Public Works Director, Amy Horelica. Visitors present were: Josh Owens, Executive Director of the Wharton Economic Development Corporation ( WEDCo); Tammie Janik; Claudia Cedillo; Stephanie Konvicka; Chad Emmel, P. E. with BEFCO Engineering and Adrayle Watson. Roll Call and Excused Absences. All members were present. Wharton Moment. Mayor, Tim Barker stated the funeral service for EMS Director, John Kowalik was well attended with numerous agencies in attendance to show their respect. Mayor Barker said Mr. Kowalik had dedicated over 34 years of service to the City of Wharton and Wharton County. Public Comments. The first item on the agenda was to review and consider the City of Wharton Financial Report for June 2021. Finance Director, Joan Andel stated that the TexPool balance for June was $ 31, 003. 01 with an average monthly yield of. 01%. She said the Prosperity Bank balance for June 2021 was 23, 330, 967. 87 with an average monthly yield of. 50%. After some discussion, Councilmember, Russell Machann moved to approve the City of Wharton Financial Report for the month of June 2021. Councilmember, Don Mueller seconded the motion. All voted in favor. i City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 2 of 24 The second item on the agenda was to review and consider a request from Mr. Burnell Neal for a variance extension at 1616 Columbine Street, Smith Garden Spot, Blk 2, Lot 14 for placement of a 14' x 68' manufactured home on the current vacant lot. City Manager, Joseph R. Pace stated that on February 8, 2021, the City Council approved a variance for Mr. Burnell Neal at 1616 Columbine Street, Smith Garden Spot, Blk 2, Lot 14 for placement of a 14' x 68' Manufactured Home on the current vacant lot. Community Development Director, Gwyn Teves stated the lot previously had a mobile home on it; however, it was demolished in March 2019 and the 6-month replacement time per the ordinance had expired. Mrs. Teves said Mr. Neal had not been able to place a mobile home on the lot and was requesting a six-month extension to the variance. After some discussion, Councilmember, Alice Heard- Roberts moved to approve the request from Mr. Burnell Neal for a variance extension at 1616 Columbine Street, Smith Garden Spot, Blk 2, Lot 14 for placement of a 14' x 68' manufactured home on the current vacant lot for six months. Councilmember, Terry Freese seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request by Mr. Burnell Neal, 1522 Columbine, Smith Garden Spot, Blk 2, Lot 18& 19 for a 0' building line setback to build over the property line on Mr. Neal' s adjoining lots. City Manager, Joseph R. Pace stated the following variance was over 50% so the Planning Commission did not review the application and it was being submitted to the City Council for final action. City Manager Pace presented a copy of the application and supporting documents from Mr. Neal. Community Development Director, Gwyn Teves stated the request by Mr. Burnell Neal, 1522 Columbine, Smith Garden Spot, Blk 2, Lot 18 19 for a 0' building line setback to build over the property line on Mr. Neal' s adjoining lots. Mrs. Teves said Mr. Neal was the recipient of a new home through the GLO Homeowner Assistance Program, and the footprint of the home would extend over the property line of Mr. Neal' s 2 lots. She said that since the variance was over 50% the Planning Commission did not review the application and it was being submitted to the City Council for final action. After some discussion, Councilmember, Clifford Jackson moved to approve the request by Mr. Burnell Neal, 1522 Columbine, Smith Garden Spot, Blk 2, Lot 18 & 19 for a 0' building line setback to build over the property line on Mr. Neal' s adjoining lots. Councilmember, Terry Freese seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request from Assistant to the Community Development Director, Krystal Hasselmeier, on behalf of the Beautification Commission, for authorization on a dog park project the Committee would like to pursue. City Manager, Joseph R. Pace presented a copy of an email from Assistant to the Community Development Director Krystal Hasselmeier, on behalf of the Beautification Commission, for authorization on a dog park project the Committee would like to pursue and a copy of the request from the Beautification Commission requesting authorization to establish a City of Wharton Dog Park in an existing City Park. Mr. Adrayle Watson with the Beautification Commission presented the information on the proposed idea. Assistant to the Community Development Director, Krystal Hasselmeier stated the Parks and Recreation Committee met on July 26, 2021; and were recommending the City Council consider approving the request. After some discussion, Councilmember, Terry Freese moved to approve the request for authorization to proceed on a dog City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 3 of 24 park project the Beautification Committee would like to pursue. Councilmember, Clifford Jackson seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider the City of Wharton 2020 Street Improvement Project: A. Request for Change Order No. qP 4 to the 2020 Street Improvement Project. J City Manager, Joseph R. Pace presented a copy of Change Order No. 4 to the contract for the 2020 Street Improvement Project. Chad Emmel, P. E. with BEFCO Engineering stated the Change Order would extend the contract completion date to complete the May 3; punch list and to remove remaining unfinished streets, parking lots and striping from the contract. After some discussion, Councilmember, Alice Heard- Roberts moved to approve the Request for Change Order No. 4 to the 2020 Street Improvement Project. Councilmember, Clifford Jackson 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 authorizing and ratifying the purchase of a pump from Odessa Pumps and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. City Manager, Joseph R. Pace stated on Friday, June 11, 2021; a cave in was found on the 21" main trunk line that feeds WWTP # 2 on US 59 and a pump was installed in the first upstream manhole from the damaged line and pumped into the next downstream manhole, so it could bypass the damaged area for the repair and keep that line functional. Assistant to the Public Works Director, Amy Horelica stated the following items/ services had been performed or ordered to complete the repairs: Odessa Pumps: $ 6, 597. 84 for emergency mobilization, installation, and daily rental rates from 6/ 13/ 2021 7/ 13/ 2021. After some discussion, Councilmember, Russell Machann moved to approve City of Wharton Resolution No. 2021- 70, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 70 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING AND RATIFYING THE LEASE OF A PUMP FROM ODESSA PUMPS AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The City of Wharton had a cave in on the main trunk line at WWTP No. 2; and, WHEREAS, The City of Wharton had to make emergency repairs; and, WHEREAS, The Wharton City Council ratifies the rental of a pump, emergency mobilization, installation and daily rental rates from June 13, 2021 to July 13, 2021 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: City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 4 of 24 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 a pump for emergency repairs at the WWTP No.2. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 26th 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 seventh item on the agenda was to review and consider a resolution of the Wharton City Council awarding a contract to Texas Pride Utilities for the emergency repairs at WWTP No. 2 and authorizing the Mayor ofthe City of Wharton to execute all documents related to said contract. City Manager, Joseph R. Pace stated that on Friday, June 11, 2021 a cave in was found on the 21" main trunk line that feeds WWTP# 2 on US 59 and the emergency repair was done by Texas Pride Utilities, so they know the history and the condition of the current state of the line ( depth, condition, soil. etc..). City Manager Pace said they did an emergency spot repair on the damaged area, the remainder of the clay 21" sanitary sewer main was still in poor condition and the City risks damaging it further if it used another company to clean the line. Assistant to the Public Works Director, Amy Horelica stated Texas Pride Utilities offered all three of the services, that others do not; they can clean, televise and do the CIPP process all together, so if they do damage the line during the cleaning, all equipment would be on site to repair if necessary. Ms. Horelica said Texas Pride Utilities would charge $ 43, 435. 00 to clean, televise and perform CIPP procedure. She said the Public Works Committee met on July 26, 2021 and were recommending the City Council consider approving the awarding of the contract to Texas Pride Utilities. After some discussion, Councilmember, Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 71, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 71 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR THE EMERGENCY REPAIRS AT WWTP NO. 2 AND AUTHORIZING THE MAYOR OF City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 5 of 24 THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to enter into a contract for the Emergency Repairs at WWTP. No. 2 with Texas Pride Utilities to clean, televise and perform a cure in place pipe procedure; and, WHEREAS, The City of Wharton and Texas Pride Utilities wishes to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute an agreement with Texas Pride Utilities for the Emergency Repairs at WWTP No. 2. Section II. The City of Wharton and Texas Pride Utilities 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 2e day of July 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 eighth item on the agenda was to review and consider a resolution of the Wharton City Council awarding a contract for the Wharton Regional Airport Paving Project and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. City Manager, Joseph R. Pace presented a copy of a memorandum from Public Works Director, Anthony Arcidiacano, regarding the failure of the road and a section of the road that needs to be widened so planes could City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 6 of 24 avoid a telephone pole in the utility easement. Assistant to the Public Works Director, Amy Horelica stated the following contractors were contacted for a quote: 1. Rexco, Inc. 2. Angel Bothers. 3. Brannon Paving. 4. Sylva Construction. Mrs. H orelica said the Public Works Committee met on July 26, 2021 and were recommending the City Council consider approving entering into a contract with Sylva Construction, LLC. After some discussion, Councilmember, Terry Freese moved to approve City of Wharton Resolution No. 2021- 72, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 72 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR THE WHARTON REGIONAL AIRPORT PAVING PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to enter into a contract for the Wharton Regional Airport Paving Project with Sylva Construction, LLC; and, WHEREAS, The City of Wharton and Sylva Construction, LLC, wishes to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute an agreement with Sylva Construction, LLC, for the Wharton Regional Airport Paving Project. Section II. The City of Wharton and Sylva Construction, LLC, 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 26th day of July 2021. CITY OF WHARTON, TEXAS City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 7 of 24 By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Russell Machann 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 City") authorizing the City to participate as part of a coalition of cities in proceedings to be held by the Railroad Commission of Texas related to implementation of House Bill 1520; authorizing the hiring of attorneys and consultants; directing the activities of lawyers and consultants regarding the Railroad Commission' s HB 1520 proceedings; requiring reimbursement of reasonable legal and consultant expenses to the extent allowed by law; finding that the meeting complies with the Open Meetings Act; and making other findings and provisions related to the subject. City Manager Joseph R. Pace stated that on June 16, 2021, Governor Greg Abbott signed House Bill 1520, which directed the Railroad Commission of Texas and the Texas Public Finance Authority to work together to issue bonds, the proceeds of which gas utilities would use to pay for the extraordinary cost of natural gas charged ratepayers during the winter storm of February 2021. City Manager, Pace said HB 1520 provided financial relief to gas utilities that choose to apply for the bonds by potentially providing a low-cost source of financing to fulfill outstanding obligations to natural gas suppliers and any bonds issued under the authority of HB 1520 were to be secured by a mandatory charge on each gas utility customer' s bill and revenue from such mandatory charge was to be dedicated to paying off the bonds. He said the bonds would allow customers to pay over an extended period, rather than potentially through a single billing statement, for the extraordinary cost of gas consumed during the winter storm of February 2021. Assistant City Attorney Amy Rod stated that she had reviewed the request and it was her recommendation that the City Council consider approving it. After some discussion, Councilmember, Terry Freese moved to approve City of Wharton Resolution No. 2021- 73, which read as follows: RESOLUTION NO. 2021- 73 RESOLUTION BY THE CITY OF WHARTON (" CITY") AUTHORIZING THE CITY TO PARTICIPATE AS PART OF A COALITION OF CITIES IN PROCEEDINGS TO BE HELD BY THE RAILROAD COMMISSION OF TEXAS RELATED TO IMPLEMENTATION OF HOUSE BILL 1520; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; DIRECTING THE ACTIVITIES OF LAWYERS AND CONSULTANTS REGARDING THE RAILROAD COMMISSION' S HB 1520 PROCEEDINGS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES TO THE EXTENT ALLOWED BY LAW; FINDING THAT THE City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 8 of 24 MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT WHEREAS, on June 16, 2021, Governor Greg Abbott signed House Bill 1520, which directs the Railroad Commission of Texas and the Texas Public Finance Authority to work together to issue bonds, the proceeds of which gas utilities would use to pay providers of natural gas, for gas provided to gas utilities during the winter storm of February, 2021; and WHEREAS, HB 1520 provides financial relief to gas utilities that choose to apply for the bonds by potentially providing a low-cost source of financing to fulfill outstanding obligations to natural gas suppliers; and WHEREAS, any bonds issued under the authority of HB 1520 are to be secured by a mandatory charge on each gas- utility customer' s bill and revenue from such mandatory charge is to be dedicated to paying off the bonds; and WHEREAS, the bonds would allow customers to pay over an extended period, rather than potentially through a single billing statement, for the extraordinary cost of gas consumed during the winter storm of February, 2021; and WHEREAS, the amount of debt to be issued to pay the gas utilities and in turn the natural- gas suppliers is estimated to be in the range of$4 billion to $ 5 billion; and WHEREAS, on or after June 16, 2021, the Railroad Commission issued a " Notice to Operators" to all gas utilities in the State directing all gas utilities that elect to participate in the debt financing of their extraordinary costs for natural gas purchased during the winter storm of February, 2021, to submit their applications to the Railroad Commission by July 30, 2021; and WHEREAS, the information the gas utilities are expected to submit with their respective applications will include a voluminous amount of data related to each gas utility' s costs of gas, its practices regarding the purchase of natural gas, including any financial-hedging instruments and gas- storage practices the utility employs, the costs of transportation of the natural gas; and WHEREAS, after the Railroad Commission issues its order establishing the amount of costs to be financed, it will direct the Texas Public Finance Authority to issue bonds secured by mandatory charges imposed on each customer' s gas-utility bill; and WHEREAS, all costs related to the issuance of any bonds, including the cost of natural gas and the underwriting costs for issuance of the bonds are to be recovered through rates charged end-use customers, including the City; and WHEREAS, pursuant to Utilities Code § 103. 023( a) the City has standing in each case before the Railroad Commission that relates to a gas utility' s rates and services in the municipality; and WHEREAS, the City has the authority under Utilities Code § 103. 023( a) to participate in ratemaking proceedings and engage consultants and attorneys to advise and City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 9 of 24 represent the City and assist in litigation before a regulatory authority, or a court; and WHEREAS, to the extent the Railroad Commission' s proceeding( s) to implement HB 1520 comprise a ratemaking proceeding, the gas utility shall reimburse the City for the reasonable cost of the services of a person engaged under Utilities Code § 103. 022 to the extent the applicable regulatory authority determines is reasonable; and WHEREAS, the Railroad Commission has indicated that it may address in a single, consolidated proceeding all applications submitted by the gas utilities that elect to participate in the debt financing of their extraordinary costs for natural gas purchased during the winter storm of February, 2021, including Atmos Energy, CenterPoint Entex, and Texas Gas Service; and WHEREAS, to maximize the efficient use of resources and expertise in reviewing, analyzing, and investigating a gas utility' s application to change its rates and/ or impose charges on ratepayers, the City has in the past joined with other local regulatory authorities to form the Texas Coast Utilities Coalition of Cities"(" TCUC") and hereby continues its participation in TCUC; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON THAT: Section 1. The findings set out in the preamble are in all things approved and incorporated herein as if fully set forth. Section 2. The City continues its participation with other cities in a coalition of cities known as the Texas Coast Utilities Coalition of Cities" (" TCUC") with the understanding that the Steering Committee of TCUC is to provide direction and guidance to Special Counsel representing said cities. Section 3. The City authorizes participation and intervention in proceedings at the Railroad Commission of Texas and the Texas Public Finance Authority related to proceedings to implement House Bill 1520, as well as appeals taken, if any, from those state agencies' actions and decisions. Section 4. The City directs Herrera Law& Associates, PLLC as Special Counsel to represent the City with regard to proceedings to implement House Bill 1520 and related proceedings before local and state regulatory authorities and any court of law and authorizes Special Counsel to engage such experts as may be reasonably necessary for review and evaluation of applications submitted by a gas utility, including Atmos Energy, CenterPoint Entex, and Texas Gas Service, related to House Bill 1520. Section 5. To the extent the Railroad Commission' s proceedings to implement House Bill 1520 comprise a ratemaking proceeding, CenterPoint shall reimburse the City on a monthly basis, for the reasonable costs of attorneys and consultants and expenses City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 10 of 24 related thereto, upon the presentation of invoices reviewed by the TCUC' s Steering Committee. Section 6. A copy of this resolution shall be sent to Mr. Alfred R. Herrera, Herrera Law Associates, PLLC, 4524 Burnet Road., Austin, Texas 78756. Section 7. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 8. This resolution shall become effective from and after its passage. PASSED AND APPROVED this 26th day of Jam, 2021. Mayor ATTEST: City Secretary Councilmember, Clifford Jackson seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider the American Rescue Plan Act of 2021 ARPA): A. Resolution: A resolution of the Wharton City Council authorizing the City Staff to issue requests for qualifications (RFQ) for engineering services and establishing a Consultant Selection Committee and developing evaluation criteria for the selection of engineering services for the American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund. B. Resolution: A resolution of the Wharton City Council authorizing the City Staff to issue requests for proposals ( RFP) for administrative services and establishing a Consultant Selection Committee and developing evaluation criteria for the selection of administrative services for the American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund for grant management. City Manager, Joseph R. Pace stated the City was notified that guidance and information was released through the Texas Department of Emergency Management ( TDEM) on July 6, 2021, in reference to the American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund. City Manager Pace said it was the City Staff' s recommendation that the City Council consider the City Staff to issue requests for proposals ( RFP) for administrative services and requests for qualifications ( RFQs) for engineering services related to the American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund and establish consultant selection committees for both administrative services and engineering services for the program. After some City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 11 of 24 discussion, Councilmember, Alice Heard-Roberts moved to approve City of Wharton Resolution No. 2021- 74 and No. 2021- 75, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 74 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY STAFF TO ISSUE REQUESTS FOR QUALIFICATIONS ( RFQ) FOR ENGINEERING SERVICES AND ESTABLISHING A CONSULTANT SELECTION COMMITTEE AND DEVELOPING EVALUATION CRITERIA FOR THE SELECTION OF ENGINEERING SERVICES FOR THE AMERICAN RESCUE PLAN ACT OF 2021 ( ARPA) CORONAVIRUS LOCAL FISCAL RECOVERY FUND. WHEREAS, The Wharton City Council wishes to authorize City Staff to issue Requests for Qualifications (RFQ) for Engineering Services for the American Rescue Plan Act of 2021 ( ABPA) Coronavirus Local Fiscal Recovery Fund; and, WHEREAS, The Wharton City Council wishes to establish a Consultant Selection Committee for the American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund and provide recommendations to the entire City Council; and, WHEREAS, The Wharton City Council wishes the Consultant Selection Committee to consist of the City Council Public Works Committee along with the Public Works Director and the Community Development Director; and, WHEREAS, The Wharton City Council wishes for this Committee to exist until a recommendation is forwarded to the entire City Council; and, WHEREAS, The Wharton City Council wishes to establish the criteria of selection of the consulting firm as per Attachment A. 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 authorizes City Staff to issue Requests for Qualifications ( RFQ) for Engineering Services for the American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund. Section II. That the Wharton City Council hereby establishes the City Council Consultant Selection Committee. Section III. That the Wharton City Council Consultant Selection Committee will consist of the City Council Public Works Committee along with the Public Works Director and the Community Development Director. Section IV. That the criteria as set forth in Attachment A is hereby approved. City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 12 of 24 Section V. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 26th day of July 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2021- 75 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY STAFF TO ISSUE REQUESTS FOR PROPOSALS ( RFP) FOR ADMINISTRATIVE SERVICES AND ESTABLISHING A CONSULTANT SELECTION COMMITTEE AND DEVELOPING EVALUATION CRITERIA FOR THE SELECTION OF ADMINISTRATIVE SERVICES FOR THE AMERICAN RESCUE PLAN ACT OF 2021 ARPA) CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR GRANT MANAGEMENT. WHEREAS, The Wharton City Council wishes to authorize City Staff to issue Requests for Proposals ( RFP) for Administrative Services for the American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund; and, WHEREAS, The Wharton City Council wishes to establish a Consultant Selection Committee for the American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund and provide recommendations to the entire City Council; and, WHEREAS, The Wharton City Council wishes the Consultant Selection Committee to consist of the City Council Finance Committee along with the Finance Director and the Community Development Director; and, WHEREAS, The Wharton City Council wishes for this Committee to exist until a recommendation is forwarded to the entire City Council; and, WHEREAS, The Wharton City Council wishes to establish the criteria of selection ofthe consulting firm as per Attachment A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 13 of 24 Section I. That the Wharton City Council hereby authorizes City Staff to issue Requests for Proposals ( RFP) for Administrative Services for the American Rescue Plan Act of 2021 ( ARPA) Coronavirus Local Fiscal Recovery Fund. Section II. That the Wharton City Council hereby establishes the City Council Consultant Selection Committee. Section III. That the Wharton City Council Consultant Selection Committee will consist of the City Council Finance Committee along with the Finance Director and the Community Development Director. Section IV. That the criteria as set forth in Attachment A is hereby approved. Section V. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 26th day of July 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 eleventh item on the agenda was to review and consider the Texas Water Development Board Flood Infrastructure Fund( FIF): A. Resolution: A resolution of the Wharton City Council authorizing the City Staff to issue requests for proposals ( RFP) for administrative services and establishing a consultant selection committee and developing evaluation criteria for the selection of administrative services for the Texas Water Development Board Flood Infrastructure Fund( FIF) for grant management. B. Resolution: A resolution of the Wharton City Council authorizing the City Staff to issue requests for qualifications ( RFQ) for engineering services and establishing a consultant selection City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 14 of 24 committee and developing evaluation criteria for the selection of engineering services for the Texas Water Development Board Flood Infrastructure Fund ( FIF). City Manager, Joseph R. Pace stated that on July 7, 2021, the Texas Water Development Board TWDB) approved the financial assistance in the amount of $5, 001, 157. 00, $ 2, 601, 000.00 for financing and$ 2, 400, 157. 00 for grant funding. City Manager Pace said the funding would be used for assistance from the Flood Infrastructure Fund ( FIF) for planning, design and construction of an internal drainage study and drainage improvement projects. Community Development Director Gwyn Teves stated Phase I would include a master drainage study that would verify parameters of the hydrologic model based on updated rainfall data and the findings from that study would also produce a detailed hydraulic model with an urban storm sewer analysis. Mrs. Teves said Phase II would implement previously designed solutions with considerations from the master drainage study and the proposed drainage improvements included creek daylighting, channel modifications and increased capacity of the storm drain system to reduce flood risks. After some discussion, Councilmember, Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 77 and No. 2021- 76, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 77 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY STAFF TO ISSUE REQUESTS FOR PROPOSALS ( RFP) FOR ADMINISTRATIVE SERVICES AND ESTABLISHING A CONSULTANT SELECTION COMMITTEE AND DEVELOPING EVALUATION CRITERIA FOR THE SELECTION OF ADMINISTRATIVE SERVICES FOR THE TEXAS WATER DEVELOPMENT BOARD FLOOD INFRASTRUCTURE FUND( FIF) FOR GRANT MANAGEMENT. WHEREAS, The Wharton City Council wishes to authorize City Staff to issue Requests for Proposals( RFP) for Administrative Services for the Texas Water Development Board Flood Infrastructure Fund( FIF); and, WHEREAS, The Wharton City Council wishes to establish a Consultant Selection Committee for the Texas Water Development Board Flood Infrastructure Fund ( FIF) and provide recommendations to the entire City Council; and, WHEREAS, The Wharton City Council wishes the Consultant Selection Committee to consist of the City Council Finance Committee along with the Finance Director and the Community Development Director; and, WHEREAS, The Wharton City Council wishes for this Committee to exist until a recommendation is forwarded to the entire City Council; and, WHEREAS, The Wharton City Council wishes to establish the criteria of selection of the consulting firm as per Attachment A. City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 15 of 24 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 authorizes City Staff to issue Requests for Proposals ( RFP) for Administrative Services for the Texas Water Development Board Flood Infrastructure Fund ( FIF). Section II. That the Wharton City Council hereby establishes the City Council Consultant Selection Committee. Section III. That the Wharton City Council Consultant Selection Committee will consist of the City Council Finance Committee along with the Finance Director and the Community Development Director. Section IV. That the criteria as set forth in Attachment A is hereby approved. Section V. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 26th day of July 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2021- 76 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY STAFF TO ISSUE REQUESTS FOR QUALIFICATIONS ( RFQ) FOR ENGINEERING SERVICES AND ESTABLISHING A CONSULTANT SELECTION COMMITTEE AND DEVELOPING EVALUATION CRITERIA FOR THE SELECTION OF ENGINEERING SERVICES FOR THE TEXAS WATER DEVELOPMENT BOARD FLOOD INFRASTRUCTURE FUND (FIF). City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 16 of 24 WHEREAS, The Wharton City Council wishes to authorize City Staff to issue Requests for Qualifications ( RFQ) for Engineering Services for the Texas Water Development Board Flood Infrastructure Fund( FIF); and, WHEREAS, The Wharton City Council wishes to establish a Consultant Selection Committee for the Texas Water Development Board Flood Infrastructure Fund ( FIF) and provide recommendations to the entire City Council; and, WHEREAS, The Wharton City Council wishes the Consultant Selection Committee to consist of the City Council Public Works Committee along with the Public Works Director and the Community Development Director; and, WHEREAS, The Wharton City Council wishes for this Committee to exist until a recommendation is forwarded to the entire City Council; and, WHEREAS, The Wharton City Council wishes to establish the criteria of selection ofthe consulting firm as per Attachment A. 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 authorizes City Staff to issue Requests for Qualifications ( RFQ) for Engineering Services for the Texas Water Development Board Flood Infrastructure Fund ( FIF). Section II. That the Wharton City Council hereby establishes the City Council Consultant Selection Committee. Section III. That the Wharton City Council Consultant Selection Committee will consist of the City Council Public Works Committee along with the Public Works Director and the Community Development Director. Section IV. That the criteria as set forth in Attachment A is hereby approved. Section V. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 26th day of July 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS  City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 17 of 24 City Secretary Councilmember, Terry Freese seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the submission of an application to the Lower Colorado River Authority for the 2021 Community Development Partnership Grant Program and authorizing the Mayor of the City of Wharton to execute all documents related to said submission. City Manager, Joseph R. Pace stated the Lower Colorado River Authority was accepting applications for the 2021 Community Development Partnership Grant Program. City Manager Pace said the grant helped local government, emergency responders and nonprofit organizations fund capital improvement projects. Community Development Director, Gwyn Teves stated the City Staff would like to submit a grant application for improvements to the Civic Center. Mrs. Teves said the grant would require a 20% match if above $ 5, 000.00, which should be budgeted with the planned improvements to the Civic Center that were in the works already. She said that it was the recommendation of the City staff that the City submit an application for the renovation of Meeting Rooms A& B for the rooms to be opened up to create one rentable space with partitions to make the rooms smaller if needed. After some discussion, Councilmember, Terry Freese moved to approve City of Wharton Resolution No. 2021- 78, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 78 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE LOWER COLORADO RIVER AUTHORITY FOR THE 2021 COMMUNITY DEVELOPMENT PARTNERSHIP GRANT PROGRAM AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID SUBMISSION. WHEREAS, The City of Wharton City Council wishes to submit an application to the Lower Colorado River Authority for the 2021 Community Development Partnership Grant Program; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said grant application. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the submittal of the application to the Lower Colorado River Authority for the 2021 Community Development Partnership Grant Program. SECTION II. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said grant application. I City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 18 of 24 SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 26`" day of July 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 thirteenth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the submission of an application to the T-Mobile Hometown Grant Program and authorizing the Mayor of the City of Wharton to execute all documents related to said submission. City Manager, Joseph R. Pace stated the City Staff was notified that T- Mobile was accepting applications for their Hometown Grant Program. City Manager Pace said the T-Mobile Hometown Grants program would help fund projects to build, rebuild, or refresh community spaces that help foster local connections in the City. Community Development Director, Gwyn Teves stated the City Staff was asking for the Council to consider applying for funding under this grant program. Mrs. Teves said the City Staff would be getting possible projects together to present to the City Council for a decision on applications. After some discussion, Councilmember, Alice Heard-Roberts moved to approve City of Wharton Resolution No. 2021- 79, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 79 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE T- MOBILE HOMETOWN GRANT PROGRAM AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID SUBMISSION. WHEREAS, The City of Wharton City Council wishes to submit an application to the T-Mobile Hometown Grant Program; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said grant application. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the submittal of the application to the T-Mobile Hometown Grant Program. City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 19 of 24 SECTION H. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said grant application. SECTION M. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 26`" 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 fourteenth item on the agenda was to review and consider a resolution of the Wharton City Council submitting an application for the Wharton Regional Airport to the Texas Department of Transportation Airport Coronavirus Relief Grant Program in the amount of $ 13, 000.00 and authorizing the Mayor of the City of Wharton to execute all documents related to such application. City Manager, Joseph R. Pace stated the State of Texas, acting through the Texas Department of Transportation, had made funding available to airports through the Airport Coronavirus Relief Grant Program. City Manager Pace said the Wharton Regional Airport would like to submit an application for this funding which could be used for reimbursements of the airport' s costs related to operations, personnel, cleaning, sanitization, janitorial services and combating the spread of pathogens in accordance with the limitations prescribed in the Act with expenditures occurring no earlier than January 20, 2020. Finance Director, Joan Andel stated the Grant could also be used to reimburse a Sponsor' s payment of debt service where such payments occur on or after December 27, 2020, and the end date for the period of performance for the funds was June 6, 2025. Mrs. Andel said the maximum amount available to the Wharton Regional Airport under the provisions ofthe Coronavirus Response and Relief Supplemental Appropriations( CRRSA) Act was$ 13, 000. She said the Finance Committee met on July 26, 2021; and the Committee was recommending the City Council consider approving the request. After some discussion, Councilmember, Russell Machann moved to approve City of Wharton Resolution No. 2021- 80, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 80 A RESOLUTION OF THE WHARTON CITY COUNCIL SUBMITING AN APPLICATION FOR THE WHARTON REGIONAL AIRPORT TO THE TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM IN THE City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 20 of 24 AMOUNT OF $ 13, 000.00 AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SUCH APPLICATION. WHEREAS, The City of Wharton City Council wishes to submit an application for the Wharton Regional Airport for funding from the Texas Department of Transportation Airport Coronavirus Relief Grant Program in the amount of$ 13, 000.00; and, WHEREAS, The Wharton City Council hereby accepts the Grant Agreement terms and conditions; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to 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 submits an application for the Wharton Regional Airport to the Texas Department of Transportation Airport Coronavirus Relief Grant Program in the amount of$ 13, 000. 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 26d' day of July 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 fifteenth item on the agenda was to review and consider the 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. After some discussion, Councilmember, Russell Machann moved to approve the Wharton Economic Development Corporation Fiscal Year 2021- 2022 Annual Budget. Councilmember, Terry Freese seconded the motion. All voted in favor. i City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 21 of 24 The sixteenth 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. The seventeenth 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 July 21, 2021, providing an update on the City of Wharton current projects as of June 30, 2021, which read as follows: FLOOD REDUCTION (LEVEE) PROJECT The U. S. Army Corp of Engineers ( USACE) Lower Colorado River Phase I Report- City of Wharton Flood Prevention Project and Recommended report is located at the Wharton County Library and the office of the City of Wharton City Secretary for viewing or the report may be viewed on line at http:// www.cityofwharton.com/ information-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 i City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 22 of 24 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 June. 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 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 the City completing the final plan design. 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 City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 23 of 24 coating is expected to be completed by July 2021. After some discussion, no action was taken. The eighteenth 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. Appointments: Mr. Paul Shannon— Building Standards Commission. After some discussion, Councilmember, Terry Freese moved to appoint the following: Term Expiring: Paul Shannon— Building Standards Commission. June 30, 2023 Councilmember, Russell Machann seconded the motion. All voted in favor. The nineteenth item on the agenda was to review and consider City Council Boards, Commissions and Committee Reports: 1. Public Works Committee meeting held July 12, 2021. 2. Finance Committee meeting held July 12, 2021. 3. Public Works Committee meeting held July 12, 2021. After some discussion, no action was taken. The twentieth 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. Adjournment. City of Wharton City Council Regular Meeting Minutes- July 26, 2021 Page 24 of 24 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: 31 p.m. CITY OF WHARTON, TEXAS By. _ Jr TIM BARKER Mayor AT P U17A FAVORS Ci Secretary