City Council Regular Meeting
Regular MeetingWharton, TX · October 11, 2021
Minutes
MINUTES
OF
CITY OF WHARTON
CITY COUNCIL MEETING
October 11, 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; 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; Police Chief, Terry David Lynch;
Fire Chief Anthony Abbott and Public Works Director,
Anthony Arcidiacono.
Visitors present were:
Wharton Chamber of Commerce Director, Ron Sanders;
Debbie Folks; Jessica Hartman, with the County Gin and
Albert Villegas, with the Wharton Journal Spectator.
Call to Order—Opening Devotion—Pledge of Allegiance
Roll Call and Excused Absences.
All members were present.
Public Comments.
Mayor, Tim Barker called for Public Comments. No comments were made.
Wharton Moment.
Mayor Tim Barker stated the
Monterey Square Wine& Arts Fair was a success and he heard
great things from people that attended the event.
Proclamation
1. Proclamation: Presentation of the Chamber of Commerce Proclamation.
CITY OF WHARTON
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, More than 3, 000 chambers of commerce in the United States, distinguish themselves
as the voice of business; and,
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 2 of 13
WHEREAS, More than 300 chambers of commerce in the State of Texas actively provide
services to their communities; and,
WHEREAS, The work accomplished by the Wharton Chamber of Commerce and Agriculture
has benefited our community through their tourism promotion and community
development programs; and,
WHEREAS, The Wharton Chamber of Commerce and Agriculture promotes our community for
quality growth and improvement; and,
WHEREAS, The business community, represented through Wharton Chamber of Commerce
and Agriculture, serves as a driving force in fostering enhanced educational
opportunities, leadership development, job creation, business activity, and a
positive vision of the future; and,
WHEREAS, The Wharton Chamber of Commerce and Agriculture in our community has and
continues to seek to achieve successful results for our community in a cooperative
spirit with other organizations; and,
WHEREAS, The Wharton Chamber of Commerce and Agriculture has proudly represented the
business community in Wharton for over 100 years; and,
WHEREAS, The Wharton Chamber of Commerce and Agriculture has been a strong partner in
endeavors to promote, support and develop our local business community.
NOW, THEREFORE BE IT RESOLVED, I, Tim Barker, by the authority vested in me as
Mayor of the City of Wharton, Texas do hereby proclaim the week of October 18- 23, 2021 as
Chamber of Commerce Week" in the City of Wharton.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Wharton to be
affixed this 11 th day of October, in the year of our Lord two thousand twenty-one A.D.
2. Proclamation: Presentation of Fire Prevention Proclamation.
Mayor, Tim Barker, presented the following Proclamation:
CITY OF WHARTON
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, The City of Wharton is committed to helping ensure the health and safety of all
those living and visiting our community; and,
WHEREAS, Each year, during the month of October, the Fire Department takes the opportunity
to remind the citizens of Wharton of the devastating impact fire could have on
each of us; and,
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 3 of 13
WHEREAS, The City of Wharton Firefighters are dedicated to reducing the occurrence of home
fires and home fire injuries through prevention and protection education; and,
WHEREAS, Working smoke alarms cut the risk of dying in home fires in half, and,
WHEREAS, City of Wharton residents who have planned and practiced a home fire escape plan
are more prepared and will therefore be more likely to survive a fire; and;
WHEREAS, It is appropriate to recognize the value and the accomplishments of the Fire
Service providers by designating Fire Prevention Month.
NOW, THEREFORE BE IT RESOLVED, I, Tim Barker, by the authority vested in me as
Mayor of the City of Wharton, Texas do hereby proclaim today the month of October, as
Fire Prevention Month" in the City of Wharton.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Wharton to be
affixed this 11th day of October, in the year of our Lord two thousand twenty-one A.D.
Review and Consider:
The first item on the agenda was to review and consider reading of the minutes from the regular
meetings held September 13, 2021 and September
p 27 2021. After some discussion,
Councilmember, Terry Freese, moved to approve the reading of the minutes from the regular
meetings held on September 13, 2021 and September 27, 2021. Councilmember Russell Machann
seconded the motion. All voted in favor.
The second item on the agenda was to review and consider a presentation by Bojorquez Law Firm
of Initial Briefing on Redistricting of the existing City Council districts due to the 2020 Census
Data results.
Presentacion por parte de Bojorquez Law Firm de la sesion informative inicial sobre la
redistribucion de distritos de los distritos existentes del Concejo Municipal debido a los resultados
de los datos del censo de 2020.
City Manager, Joseph R. Pace, stated Bojorquez Law Firm, PC, the firm that was assisting the City
of Wharton with redistricting of City Council districts as a result of the 2020 Census. Bojorquez
Law Firm, PC Attorney, Rezzin Pullum, presented the initial briefing on redistricting( i.e., training
session) to the City Council. After some discussion, no action was taken.
The third item on the agenda was to review and consider a request by Elma Samora at 1215 College
St, GRAHAM BLOCK 1 LOT 3 for 4' variance from the required 25' setback from the front lot
line. City Manager, Joseph R. Pace, presented a copy of a request by Elma Samora at 1215 College
St, GRAHAM BLOCK 1 LOT 3 for 4' variance from the required 25' setback from the front lot
line. Community Development Director, Gwyn Teves, stated the Planning Commission met on
October 4, 2021, and voted to recommend this item to the
City Council for consideration. After
some discussion, Councilmember, Clifford Jackson, moved to approve request Elma Samora
by
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 4 of 13
at 1215 College St, GRAHAM BLOCK 1 LOT 3 for 4' variance from the required 25' setback
from the front lot line. Councilmember, Alice-Heard Roberts, seconded the motion. All voted in
favor.
The fourth item on the agenda was to review and consider a request by Chapel Creek Construction,
LLC at 398 Hamilton St, HAMILTON PLACE BLK 32, Lot 1 for 8' 5" variance from required 25'
rear property line setback. City Manager, Joseph R. Pace, presented a copy of a request by Chapel
Creek Construction, LLC at 398 Hamilton St, HAMILTON PLACE BLK 32, Lot 1 for 8' 5"
variance from required 25' rear property line setback. Community Development Director, Gwyn
Teves, stated the Planning Commission met on October 4, 2021, and voted to recommend this item
to the City Council for consideration. After some discussion, Councilmember, Alice Heard-
Roberts, moved to table the item until further explanation could be provided by the builder.
Councilmember, Clifford Jackson, seconded the motion. Councilmember, Terry Freese;
Councilmember, Russell Machann; Councilmember, Steve Schneider and Mayor, Tim Barker,
opposed the motion. The motion failed. Councilmember, Terry Freese, moved to deny the request
by Chapel Creek Construction, LLC at 398 Hamilton St, HAMILTON PLACE BLK 32, Lot 1 for
8' 5" variance from required 25' property line setback. Councilmember, Russell Machann,
rear
seconded the motion. Councilmember, Clifford Jackson; Councilmember, Terry Freese;
Councilmember, Russell Machann; Councilmember, Steve Schneider and Mayor, Tim Barker,
voted for the motion. Councilmember, Alice Heard- Roberts, voted against the motion. The
motion carried.
The fifth item on the agenda was to review and consider a request by Chapel Creek Construction,
LLC. at 309 N Richmond Rd., WHARTON BLK 32 Lot 2 ( replat) for 10' variance from required
35' front property line setback and 8' 5" variance from required 20' setback between commercial
and residential
property. City Manager, Joseph R. Pace, presented a copy of a request by Chapel
Creek Construction, LLC. at 309 N Richmond Rd., WHARTON BLK 32 Lot 2 ( replat) for 10'
variance from required 35' front property line setback and 8' 5" variance from required 20' setback
between commercial and residential property. Community Development Director, Gwyn Teves,
stated the Planning Commission met on October 4, 2021, and voted to recommend this item to the
City Council for consideration. After some discussion, Councilmember, Russell Machann, moved
to approve request by Chapel Creek Construction, LLC. at 309 N Richmond Rd., WHARTON
BLK 32 Lot 2 ( replat) for 10' variance from required 35' front property line setback and 8' 5"
variance from required 20' setback between commercial and residential property.
Councilmember, Terry Freese, 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 the City Manager to purchase two (2) patrol vehicles from Caldwell Country through
the Buy Board Cooperative Purchasing Program. City Manager, Joseph R. Pace, presented a copy
of a draft resolution authorizing the City Manager to purchase two ( 2) patrol vehicles from
Caldwell Country through the Buy Board Cooperative Purchasing Program and a copy of a
memorandum from Police Chief, Terry David Lynch, requesting the replacement of two vehicles
for the Wharton Police Department. Chief Lynch stated the purchase of all two (2) patrol vehicles
totaling$ 101, 306. 00 was budgeted for in the 2021- 2022 year which was approved by City Council.
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 5 of 13
After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton
Resolution No. 2021- 103, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 103
A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO PURCHASE TWO ( 2) PATROL VEHICLES FROM CALDWELL
COUNTRY THROUGH THE BUY BOARD COOPERATIVE PURCHASING
PROGRAM.
WHEREAS, The Wharton City Council has appropriated funds for the purchase of two( 2) patrol
vehicles from Caldwell Country through the Buy Board Cooperative Purchasing
Program; and,
WHEREAS,
The City of Wharton is a member of and participates in the Buy Board Cooperative
Purchasing Program; and,
WHEREAS,
The Wharton City Council wishes to authorize the City Manager to purchase two
2) marked 2022 Chevrolet Tahoe' s in the amount of$ 101, 306.00 from Caldwell
Country through Buy Board Cooperative Purchasing Program; and,
WHEREAS,
The Wharton City Council wishes to authorize the City Manager to execute the
agreement related to the purchase of the vehicles.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS:
SECTION I.
The Wharton City Council hereby authorizes the City Manager to purchase of two
2) marked 2022 Chevrolet Tahoe in the amount of $
101, 306. 00 ( including the
added graphics)
from Caldwell Country through the Buy Board Cooperative
Program.
SECTION H. The Wharton City Council hereby authorizes the City Manager to execute the
agreement related to the purchase of the vehicles.
SECTION III. That this resolution shall become effective immediately upon its passage.
PASSED AND APPROVED this 11th day of October 2021.
CITY OF WHARTON
TIM BARKER
Mayor
ATTEST:
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 6 of 13
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 a Pay Request No. 1 from Chief
Solutions, Inc for the Construction of the Sanitary Sewer Cleaning and Televising for the City of
Wharton.
City Manager, Joseph R. Pace, presented a copy of Pay Request No. 1 from Chief
Solutions, Inc. for the referenced project in the amount of$ 16, 203. 28. After some discussion,
Councilmember, Don Mueller, moved to approve Pay Request No. 1 from Chief Solutions, Inc for
the Construction of the Sanitary Sewer Cleaning and Televising for the City of Wharton.
Councilmember, Steve Schneider, seconded the motion. All voted in favor.
The eighth item on the agenda was to review and consider a resolution ofthe Wharton City Council
approving Change Order No. 1 with E Contractors USA for the CR 222 Water Well Site
Stabilization and authorizing the Mayor to execute all documents related to said change order.
City Manager, Joseph R. Pace, presented a copy of Change Order No. 1 from E Contractors for
the CR 222 Water Well Site Stabilization. Public Works Director, Anthony Arcidiacono, stated
the change order was based on the additional treatment recommended by Terracon with additional
geotechnical engineering After some discussion, Councilmember, Terry
recommendations.
Freese, moved to approve City of Wharton Resolution No. 2021- 104, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 104
A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING CHANGE ORDER NO.
1 WITH E CONTRACTORS USA FOR THE CR 222 WATER WELL SITE STABILIZATION
AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAID
CHANGE ORDER
WHEREAS, The Wharton City Council wishes to approve Change Order No. 1 with E Contractors
USA for the CR 222 Water Well Site Stabilization; and,
WHEREAS The Wharton Ci Council wishes to authorize the Mayor
ayor to execute all documents
related to the change order.
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 Change Order No. 1 with E
Contractors USA for the CR 222 Water Well Site Stabilization.
Section II. The Wharton City Council hereby authorizes the Mayor to execute all documents
related to the change order.
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 7 of 13
Section III.
That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this 11th day of October 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 ninth item on the agenda was to review and consider Alabama Road Water Well No. 3:
A. Pay Request No. 2 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. 2 from Alsay Incorporated
for the emergency work at Alabama Road Water Well No. 3. After some discussion,
Councilmember, Terry Freese, moved to approve Pay Request No. 2 from Alsay Incorporated for
the emergency work at Alabama Road Water Well No. 3. Councilmember, Clifford Jackson,
seconded the motion. All voted in favor.
The tenth item on the agenda was to review and consider resolution of the Wharton City Council
approving the installation of security measures at City Hall through A& M Architectural Glass,
Inc. City Manager, Joseph R. Pace, presented a copy of an estimate from A& M Architectural
Glass Inc. for the continuation of the security measures that were started last year at City Hall in
the amount of$ 19, 609.26. Finance Director, Joan Andel, stated the additional work would include
installing glass that would continue from the front counter to the edge of Code Enforcement with
a door into the department, a door installed in the back hallway area and a door installed to the
City Manager' s office area. Mrs. Andel said that all doors would be installed so that card reader
access would be done after the construction was complete. After some discussion, Councilmember,
Alice Heard-Roberts, moved to approve City of Wharton Resolution No. 2021- 105, which read as
follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 105
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 8 of 13
A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE
INSTALLATION OF SECURITY MEASURES AT CITY HALL THROUGH A & M
ARCHITECTURAL GLASS INC.
WHEREAS,
The City of Wharton recognizes that additional security measures are needed at City
Hall and,
WHEREAS, The need for additional measures has been identified and there is a need for measures
to be implemented to enhance the security at City Hall, and;
WHEREAS,
The Wharton City Council wishes to accept the estimate for the security measures at
City Hall through A& M Architectural Glass Inc. at the cost of$ 19,609.26.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS as follows:
Section I.
The City of Wharton recognizes the need for additional security measures.
Section II.
The Wharton City Council hereby authorizes the purchase ofthe additional security
measures through A&M Architectural Glass, Inc. in the amount of$ 19, 609.26.
Section III.
That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this 11th day of October 2021.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
Councilmember, Russell Machann, seconded the motion. All voted in favor.
The eleventh item on the agenda was to review and consider resolution of the Wharton City
Council approving the installation of a handicap accessible door at City Hall to be in compliance
with the American Disabilities Act.
City Manager, Joseph R. Pace, presented copies of two
estimates for the front door of City Hall. City Manager Pace stated that City Hall was in need of
replacing the front door with a handicap push button automatic door. Finance Director, Joan Andel,
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 9 of 13
stated the new door would have one door( versus the current two doors) and a side light door. Mrs.
Andel said that there would be both an inside and exterior push button for
customers to use. She
said the City Staff reached out to two vendors for pricing: 1. A& M Architectural Glass Inc.-
9, 762. 17 2. Vortex-$
9, 962. 06 and the City Staff was recommending that the door and installation
beurchased from A& M Architectural
tectural Glass Inc. for this project. After some discussion,
Councilmember, Terry Freese, moved to approve City of Wharton Resolution No 2021- 106, which
read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 106
A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE
INSTALLATION OF A HANDICAP ACCESSIBLE DOOR AT CITY HALL TO BE IN
COMPLIANCE WITH THE AMERICAN DISABILITES ACT.
WHEREAS,
The City of Wharton recognizes that the front entry door at City Hall needs to be
replaced to be in compliance with the American Disabilities Act; and,
WHEREAS, The need for the handicap accessible door has been identified and there is a need for
this to be implement at City Hall; and,
WHEREAS, The Wharton City Council wishes to accept the estimate for the installation of the
handicap accessible front entry door at City Hall to A& M Architectural Glass, Inc. at
a cost of$9, 762. 17.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS as follows:
Section I.
The City of Wharton recognizes the need for a handicap accessible front door at
City Hall to be in compliance with the American Disabilities Act.
Section II.
The Wharton City Council hereby authorizes the installation of the handicap
accessible front door to A& M Architectural Glass, Inc. in the amount of$9,762. 17.
Section III.
That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this 11th day of October 2021.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATTEST:
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 10 of 13
PAULA FAVORS
City Secretary
Councilmember, Steve Schneider, seconded the motion. All voted in favor.
The twelfth on the agenda was to review and consider resolution of the Wharton City Council
adopting the Texas Target Communities Planning and Design for the Levee Green and Historical
Downtown District Plan and incorporating the Plan into the City of Wharton Comprehensive Plan.
City Manager, Joseph R. Pace, stated that in October 2020, the City of Wharton partnered with the
Texas A& M Texas Target Communities Program for a ` Levee Greenspace & Parks Plan' to be
completed by the Land 621 Class and Master' s Student Muzi Li.
City Manager Pace said the
group worked with the city staff, elected officials and community partners for input in the plan and
held multiple meetings and presentations. Community Development Director, Gwyn Teves, stated
the plan had been completed and reviewed by City Staff. Mrs. Teves said the details of the plans
and both plans were available to be viewed at City Hall in the Community Development
Department due to size. After some discussion, Councilmember, Terry Freese, moved to approve
City of Wharton Resolution No. 2021- 107, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 107
RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING THE TEXAS
TARGET COMMUNITIES PLANNING AND DESIGN FOR THE LEVEE GREEN AND
HISTORICAL DOWNTOWN DISTRICT PLAN AND INCORPORATING THE PLAN
INTO THE CITY OF WHARTON COMPREHENSIVE PLAN.
WHEREAS, The City of Wharton partnered with the Texas A& M Texas Target
Communities Program for a ` Levee Greenspace & Parks Plan; and,
WHEREAS, The Wharton City Council wishes to adopt the" Texas Target Communities
Planning and Design for the Levee Green and Historical Downtown District
Plan" and the" Design for Increasing Ecological and Social Resilience" and
incorporate into the comprehensive plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS that:
Section I. The Wharton City Council adopts the" Texas Target Communities Planning
and Design for the Levee Green and Historical Downtown District Plan"
and the " Design for Increasing Ecological and Social Resilience" and to be
incorporated into the comprehensive plan.
Section II:
That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this I Ph day of October 2021.
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 11 of 13
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
Councilmember, Clifford Jackson, seconded the motion. All voted in favor.
The thirteenth item on the agenda was to review and consider resolution of the Wharton City
Council awarding a contract for the construction of the Colorado River Control Public Utility
Relocation/ Abandonment and authorizing the Mayor of the City of Wharton to execute all
documents related to said contract. City Manager, Joseph R. Pace, stated that on September 30,
2021, proposals were received for the Construction of the Colorado River Flood Control Public
Utility Relocation/ Abandonment for the USACE Levee Project. City Manager Pace said the three
3) proposals were received and they were as follows: 1. On Par Civil Services-$ 436, 385. 00 2.
JTM Construction, LLC-$347, 141. 00 3. Aranda Industries, LLC-$496,738. 00 Community
Development Director, Gwyn Teves, stated it was the recommendation from Jones and Carter,
who was the engineering firm on the utility relocations, for the City Council to consider awarding
the contract to JTM Construction, LLC, in the amount of$ 347, 141. 00. After some discussion,
Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2021- 108,
which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2021- 108
A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT
FOR THE CONSTRUCTION OF COLORADO RIVER FLOOD CONTROL PUBLIC
UTILITY RELOCATION/ABANDONMENT AND AUTHORIZING THE MAYOR OF
THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID
CONTRACT.
WHEREAS, Proposals were received for the Construction of Colorado River Flood Control Public
Utility Relocation/ Abandonment on September 30, 2021; and,
WHEREAS, JTM Construction, LLC was deemed the best lowest qualified bidder for the base bid
amount of$ 347, 141. 00; and,
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 12 of 13
WHEREAS, The Wharton City Council wishes to award a contract to JTM Construction, LLC for
Construction of Colorado River Flood Control Public Utility
Relocation/ Abandonment base bid amount of$347, 141. 00; and,
WHEREAS, The City of Wharton and JTM Construction, LLC wish to be bound by the conditions
as set forth in the agreement; and,
WHEREAS,
The Wharton City Council wishes to authorize the Mayor of the City of Wharton to
execute the 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 to execute the Construction
of Colorado River Flood Control Public Utility Relocation/Abandonment contract.
Section II.
The City of Wharton and JTM 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 11th day of October 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 fourteenth item on the agenda was to review and consider appointments and resignations to
the City of Wharton Boards, Commissions and Committees. Assistant to the City Manager, Brandi
Jimenez, stated there were not any appointments or resignations to the City of Wharton Boards,
Commissions and Committees to present. After some discussion, no action was taken.
There being no further discussion, Councilmember, Don Mueller, moved to adjourn.
Councilmember, Terry Freese, seconded the motion. All voted in favor.
City of Wharton City Council Regular Meeting
Minutes- October 11, 2021
Page 13 of 13
The meeting adjourned at 8: 06 p.m.
CITY OF HARTON, TEXAS
By: AC4-,
TIM BARKER
Mayor
AT ST:
P U AVORS
Cik Secretary
z
14
1 •
Agenda
CITY OF WHARTON
CITY COUNCIL REGULAR MEETING
Monday, October 11, 2021
7:00 PM
120 EAST CANEY STREET WHARTON, TEXAS
77488
NOTICE OF
CITY OF WHARTON
CITY COUNCIL REGULAR MEETING
Notice is hereby given that a City Council Regular Meeting will be held on Monday,
October 11, 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 7th day of October 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 October 7, 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 7th day of October 2021.
CITY OF WHARTON
By:
Paula Favors
City Secretary
AGENDA
CITY OF WHARTON
City Council Regular Meeting
Monday, October 11, 2021
City Hall - 7:00 PM
Call to Order –Opening Devotion –Pledge of Allegiance.
Roll Call and Excused Absences.
Public Comments.
Wharton Moment.
Proclamation
1. Proclamation: Presentation of the Chamber of Commerce Proclamation.
2. Proclamation: Presentation of Fire Prevention Proclamation.
Review and Consider:
1. Reading of the minutes from the regular meetings held September 13, 2021 and
September 27, 2021.
2. Presentation by Bojorquez Law Firm of Initial Briefing on Redistricting of the existing City
Council districts due to the 2020 Census Data results.
Presentación por parte de Bojorquez Law Firm de la sesión informativa inicial sobre la
redistribución de distritos de los distritos existentes del Concejo Municipal debido a los
resultados de los datos del censo de 2020.
3. Request by Elma Samora at 1215 College St, GRAHAM BLOCK 1 LOT 3 for 4’ variance from
the required 25’ setback from the front lot line.
4. Request by Chapel Creek Constriction, LLC at 398 Hamilton St, HAMILTON PLACE BLK 32,
Lot 1 for 8’5” variance from required 25’ rear property line setback.
5. Request by Chapel Creek Construction, LLC. at 309 N Richmond Rd., WHARTON BLK 32
Lot 2 (replat) for 10’ variance from required 35’ front property line setback and 8’5”
variance from required 20’ setback between commercial and residential property.
6. Resolution: A resolution of the Wharton City Council authorizing the City Manager to
purchase two (2) patrol vehicles from Caldwell Country through the Buy Board
Cooperative Purchasing Program.
7. Pay Request No. 1 from Chief Solutions, Inc for the Construction of the Sanitary Sewer
Cleaning and Televising for the City of Wharton.
8. Resolution: A resolution of the Wharton City Council approving Change Order No. 1 with
E Contractors USA for the CR 222 Water Well Site Stabilization and authorizing the Mayor
to execute all documents related to said change order.
9. Alabama Road Water Well No. 3:
A. Pay Request No. 2 from Alsay Incorporated for the emergency work at
Alabama Road Water Well No. 3.
10. Resolution: A resolution of the Wharton City Council approving the installation of security
measures at City Hall through A&M Architectural Glass, Inc.
11. Resolution: A resolution of the Wharton City Council approving the installation of a
handicap accessible door at City Hall to be in compliance with the American Disabilities
Act.
12. Resolution: A resolution of the Wharton City Council adopting the Texas Target
Communities Planning and Design for the Levee Green and Historical Downtown District
Plan and incorporating the Plan into the City of Wharton Comprehensive Plan.
13. Resolution: A resolution of the Wharton City Council awarding a contract for the
construction of the Colorado River Control Public Utility Relocation/Abandonment and
authorizing the Mayor of the City of Wharton to execute all documents related to said
contract.
14. Appointments and Resignations to the City of Wharton Boards, Commissions and
Committees.
Adjournment.
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