City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL MEETING OCTOBER 25, 2021 Mayor, Tim Barker, declared a Regular Meeting duly open for the transaction of business at 7: 00 P. M. at City Hall 120 E. Caney Street Wharton, TX. Councilmember, Russell Machann, led the opening devotion and Mayor, Tim Barker led the pledge of allegiance. Councilmember' s present were: Mayor, Tim Barker and Councilmembers, Terry Freese; Alice Heard- Roberts; Clifford Jackson; Russell Machann; Don Mueller; and Steve Schneider. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; Finance Director, Joan Andel; City Secretary, Paula Favors, TRMC, CPM, MMC; Assistant to the City Manager, Brandi Jimenez; Community Development Director, Gwyn Teves; Public Works Director, Anthony Arcidiacono and Police Chief, Terry David Lynch. Visitors present were: Chad Emmel, P. E. with BEFCO Engineering; Bojorquez Law Firm PC Attorney, Rezzin Pullum• Wharton Chamber of Commerce Director, Ron Sanders and Albert Villegas, with the Wharton Journal Spectator. Roll Call and Excused Absences. All members were present. Wharton Moment. Wharton Chamber of Commerce Director, Ron Sanders, stated the Party Under the Bridge event went very well. Public Comments. Mayor, Tim Barker called for Public Comments. No comments were made. Review and Consider: The first item on the agenda was to review and consider City of Wharton Financial Report for September 2021. Finance Director, Joan Andel stated that the TexPool balance for September was 31, 003. 61 with an average monthly yield of .02%. She said the Prosperity Bank balance for September 2021 was $ 22, 936, 810. 78 with an average monthly yield of . 50%. After some discussion, Councilmember, Russell Machann, moved to approve the City of Wharton Financial City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 2 of 27 Report for the month of September 2021. Councilmember, Don Mueller, seconded the motion. All voted in favor. The second item on the agenda was to review and consider the proposed City of Wharton City Council Redistricting resulting from the 2020 Census: Propuesta de redistritacion del Ayuntamiento de wharton como resultado del Censo de 2020: A. Presentation by Bojorquez Law Firm of Initial Assessment Results regarding existing City Council districts and 2020 Census Data results. Presentacion por el Bufete de Abogados Borjorquez de los resultados de la evaluacion inicial en to que concierne los distritos existents del Concejo Municipal y los resultadoes de los datos del Censo de 2020. B. Resolution: A resolution adopting redistricting criteria and project timeline for use in redrawing existing councilmember districts to reflect 2020 Census data results. Resolucion: Una resolucion para aprobar los criterios para divider nuevamente en distritos y el crono g rama del p ro y ecto para p us ar para v o lv er a dibujar los distritos existents de los concejales para reflejar los resultados de los datos del Censo de 2020. C. Resolution: A resolution establishing guidelines for citizens submitting specific redistricting proposals. Resolucion: Una resolucioin para establecer pautas para los ciudadanos para someter propuestas especificas para divider nuevamente en distritos. Bojorquez Law Firm, PC, Attorney, Rezzin Pullum, provided the Initial Assessment letter for the City of Wharton and he stated that a resolution that adopts criteria for use in the creation of Councilmember Districts and a resolution that establishes guidelines for persons submitting specific redistricting proposals would need to be approved for the process. After some discussion, Councilmember, Clifford Jackson, moved to approve City of Wharton Resolution No. 2021- 109 and 2021- 110, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 109 RESOLUTION ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING SPECIFIC REDISTRICTING PROPOSALS WHEREAS, The City Council for the City of Wharton( City Council) has certain responsibilities for creating and revising single-member districts under federal and state law including, but not limited to, the Fourteenth and Fifteenth Amendments to the United States Constitution, and the Voting Rights Act, 42 U. S. C. A. §1973, et seq.; City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 3 of 27 and, WHEREAS, The City Council has certain responsibilities for redistricting under the City Charter; and, WHEREAS, It is necessary to provide for the orderly consideration and evaluation of redistricting plans which may come before the City Council; and, WHEREAS, These guidelines relate to members of the public or other individuals outside of the City' s designated consultant team who have specific redistricting plans they wish the City Council to consider; and, WHEREAS, The City Council welcomes any comments relevant to the redistricting process. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wharton, that in order to ensure that any plan that might be submitted is of maximum assistance to the City Council in its decision-making process, the City Council hereby sets the following guidelines: 1. Plans must be submitted in writing. If a plan is submitted orally, there is significant opportunity for misunderstanding, and it is possible that errors may be made in analyzing it. The City Council wants to be sure that all proposals be fully and accurately considered. 2. Plans must show the total population and Voting Age Population for Blacks, Hispanics, Asians, Whites, and Other for each proposed City Council district. If a plan is submitted without a population breakdown, the City Council may not have sufficient information to give it full consideration. 3. Plans must be submitted to the City Secretary by November 18, 2021, in order to meet the deadlines imposed by state and federal law. 4. Plans must redistrict the entire City. The City Council, of course, will be considering the effect of any plan on the entire City. Also, the City Council is subject to the Voting Rights Act which protects various racial and language minorities. Thus, as a matter of federal law, it will be required to consider the effect of any proposal on multiple racial and ethnic groups. If a plan does not redistrict the entire City, it may be impossible for the City Council to assess its impact on one or more protected minority groups. 5. Plans must conform to the redistricting criteria the City Council will be using in drawing the City Council member districts. PASSED & APPROVED this, the 25th day of October 2021, by a vote of 7 ( ayes) to 0 ( nays) to 0 ( abstentions) of the City Council of the City of Wharton, Texas. PASSED, APPROVED AND ADOPTED this 25d' day of October 2021. City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 4 of 27 CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CIUDAD DE WHARTON, TEXAS RESOLUCION NUM. 2021- 109A RESOLUCION ESTABLECIENDO LAS PAUTAS PARA QUE LAS PERSONAS PRESENTEN PROPUESTAS ESPECIFICAS PARA REDISTRIBUCION DE DISTRITOS POR CUANTO El Consejo Municipal de La Ciudad De Wharton,( el Consejo Municipal) tiene ciertas responsabilidades para crear y revisar los distritos miembros individuales bajo las leyes federales y estatales incluyendo pero sin limitarse a las Enmiendas Num. Catorce y Quince de la Constitucion de los Estados Unidos, y la Ley de Derecho al Voto, 42 U. S. C. A. . §1973, et seq.; y POR CUANTO El Consejo Municipal tiene ciertas responsabilidades para redistribuir los distritos bajo la Carta Constitutiva POR CUANTO es necesario considerar y evaluar ordenadamente los planes de redistribuir los distritos que puedan presentarse al Consejo Municipal y POR CUANTO estas pautas se relacionan con miembros del publico u otros individuos fuera del equipo de consultores designado de la Ciudad tienen planes especificos de redistribuir los distritos que desean que el Consejo Municipal considere; y POR CUANTO el Consejo Municipal recibe con agrado cualquier comentario pertinente al proceso de reasignacion de distritos; y AHORA POR LO TANTO El Consejo Municipal de La Ciudad De Wharton establece las siguientes pautas para garantizar que cualquier plan que pueda ser presentado sea de maxima ayuda para el proceso de decidir del Consejo Municipal, City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 5 of 27 1. Los planes han de ser presentados por escrito. Si se presenta cualquier plan verbalmente hay una alta probabilidad para los malos entendidos, y es possible que se cometan errores cuando se analice. El Consejo Municipal quiere asegurarse de que todas las propuestas sean consideradas complete y debidamente. 2. Los planes han de mostrar el total de la poblaci6n negra, hispana, asiatica, blanca y de otra rata rn edad de votar por cada distrito propuesto del Consejo Municipal. Si se presenta un plan sin el desglose de poblacion el Consejo Municipal no podria tener la suficiente informaci6n para darle la debida consideraci6n. 3. Los planes se han de presenter a la Secretaria Municipal a mas tardar el 18 de noviembre, 2021, para cumplir con laas fechas limites impuestas por las leyes federales y estatales. 4. Los planes han de cambiar toda la Ciudad, el Consejo Municipal, por supuesto, considerara los efectos de cualquier plan en toda la Ciudad. Ademas, El Consejo Municipal esta sujeto a la Ley de Derecho al Voto que protege a las distintas minorias raciales y de idioma. Por to tanto como asunto de las leyes federales, se requerira que considere el efecto de cualquier propuesta en los multiples grupos raciales y etnicos. Si un plan no redistribuye los distritos de toda la Ciudad, podria ser imposible que el Consejo Municipal evalue su impacto en uno o mas grupos de minorias protegidas. 5. Los planes deben de estar de acuerdo con los criterios de reasignaci6n de distritos que el Consejo Municipal vaya a usar en el trazado de los distritos miembros del Consejo Municipal. AUTORIZADA Y APROBADA en este dia 25 de octubre de 2021, por un voto de 7 ( a favor) y 0 ( en contra) y 0 ( abstenciones) del Consejo Municipal de La Ciudad De Wharton, Texas AUTORIZADA, APROBADA Y ADOPTADA en este dia 25 de octubre de 2021, CIUDAD DE WHARTON, TEXAS Firma: TIM BARKER Alcalde ATESTIGUACION: PAULA FAVORS Secretaria Municipal CITY OF WHARTON City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 6 of 27 RESOLUTION NO. 2021- 110 RESOLUTION ADOPTING CRITERIA FOR USE IN CREATION OF COUNCIL MEMBER DISTRICTS WHEREAS, The City Council for the City of Wharton( City Council) has certain responsibilities for creating and revising single- member districts under federal and state law including, but not limited to, the Fourteenth and Fifteenth Amendments to the United States Constitution, and the Voting Rights Act, 42 U. S. C. A. § 1973, et seq.; and, WHEREAS, It is the intent of the City of Wharton( City) to comply with the Voting Rights Act and with all other relevant law, including Shaw v. Reno jurisprudence; and, WHEREAS, A set of established redistricting criteria and a defined project timeline, included herein as Exhibit " A", will serve as a framework to guide the City in the consideration of redistricting plans; and, WHEREAS, Redistricting criteria will assist the City in its efforts to comply with all applicable federal and state laws. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wharton that the City, in its adoption of a redistricting plan and project timeline for redrawing of current City Council member district boundaries, will adhere to the following redistricting criteria: 1. Where possible, easily identifiable geographic boundaries should be followed. 2. Communities of interest should be maintained in a single district, where possible, and attempts should be made to avoid splitting neighborhoods. 3. To the extent possible, districts should be composed of whole voting precincts. Where this is not possible or practicable, districts should be drawn in a way that permits the creation of practical P voting gPprecincts and that ensures that adequate q facilities for P gP laces exist in polling each voting precinct. 4. Districts must be configured so that they are relatively equal in total population according to the best available data, including the 2020 federal Census. In no event, should the total deviation between the largest and the smallest district exceed ten percent( 10%). The City will attempt to achieve a deviation that equals less than ten percent( 10%), between the largest and smallest district, using 2020 Census data. 5. The districts should be compact and composed of contiguous territory. Compactness may contain a functional, as well as a geographical dimension. 6. Consideration may be given to the preservation of incumbent- constituency relations by City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 7 of 27 recognition of the residence of incumbents and their history in representing certain areas. 7. The plan should be narrowly tailored to avoid retrogression in the position of racial minorities and language minorities as defined in the Voting Rights Act with respect to their effective exercise of the electoral franchise. 8. The plan should not fragment a geographically compact minority community or pack minority voters in the presence of polarized voting so as to create liability under Section 2 of the Voting Rights Act, 42 U. S. C. § 1973. PASSED & APPROVED this the 25th day of October 2021, by a vote of 7 ( ayes) to 0 ( nays) to 0 ( abstentions) of the City Council of the City of Wharton, Texas. PASSED, APPROVED AND ADOPTED this 250" day of October 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Exhibit " A" THE CITY OF WHARTON REDISTRICTING PROJECT TIMELINE 1. October 11, 2021: Present Initial Assessment results to City Council confirming the need for the City of Wharton to undergo redistricting (regular City Council meeting). 2. October 25, 2021: City Council considers resolutions adopting Redistricting Criteria, project timeline, and Redistricting Proposal Submission Guidelines. 3. November 22, 2021: Presentation of draft maps and population/demographic data to City Council and meeting( s) with local special interest group leaders ( regular City Council meeting). City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 8 of 27 4. December 13, 2021: First reading of ordinance on proposed final Redistricting Map by City Council ( regular City Council meeting). 5. January 10th, 2022: Latest Date for Adoption of Map ( 2nd reading of ordinance). 6. January 13, 2022: First day to begin posting on bulletin board the notice of the dates of the filing period for the general election. 7. January 19, 2022: Candidate filing deadline. 8. May 7, 20221: Election Day. CIUDAD DE WHARTON RESOLUCION NUM. 2021- 110A CRITERIOS DE ADOPCION DE LA RESOLUCION PARA USAR EN LA CREACION DE DISTRITOS MIEMBROS DEL CONSEJO POR CUANTO, el Consejo Municipal de la Ciudad de Wharton( Consejo Municipal) tiene ciertas responsabilidades de crear y revisar distritos miembros individuales segun las leyes federales y estatales incluyendo, entre otras, las Enmiendas Nfun. Catorce y Quince a la Constituci6n de los Estados Unidos y la Ley de Derechos de Votaci6n, 42 U. S. C. A. §1973, et seq.; y POR CUANTO, es la intenci6n de la Ciudad de Wharton ( la Ciudad) cumplir con la Ley de Derecho al Voto y todas las demas leyes relevantes, incluyendo la jurisprudencia de Shaw contra Reno; y POR CUANTO, un conjunto de criterios establecidos de redistribuci6n de distritos y un cronograma definido del proyecto, incluido en el presente como Anexo " A", serviran como estructura para guiar a la Ciudad en la consideraci6n de los planes de redistribuci6n de distritos; y POR CUANTO, los criterios de redistribuci6n de distritos ayudaran a la Ciudad en sus esfuerzos para cumplir con todas las leyes federales y estatales aplicables. AHORA, POR LO TANTO, el Consejo Municipal de la Ciudad de Wharton, en su adopci6n de un plan de redistribuci6n de distritos y un cronograma del proyecto para trazar nuevamente los limites actuales de los distritos miembros del Consejo Municipal, se basara en los siguientes criterios de redistribuci6n de distritos: 9. Donde sea posible, se seguiran los limites geograficos facilmente identificables. 10. Las comunidades de interes deberan mantenerse en un solo distrito, donde sea posible, y se City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 9 of 27 debe intentar evitar la divisi6n de los vecindarios. 11. En la medida que sea posible, los distritos deben estar compuestos por precintos de votaci6n completos. Donde esto no sea posible o practicable, los distritos se deben trazar de forma tal que permits la creaci6n de precintos de votaci6n practicos y que se garantice que haya establecimientos adecuados para los lugares de votaci6n en cada precinto. 12. Los distritos se deben configurar de forma tal que sean relativamente iguales en cuanto a su poblaci6n total segun los mejores datos disponibles, incluyendo el Censo Federal de 2020. La desviaci6n total entre el distrito mss grande y el mss pequeno no debera exceder el diez por ciento( 10%) en ningun caso. La Ciudad intentara alcanzar una desviaci6n inferior al diez por ciento 10% entre el distrito mss g rande Y el mss a Pqueno , utilizando los datos del Censo Federal de 2020. 13. Los distritos deben ser compactos y estar compuestos por territorio contiguo. La compactibilidad puede contener tanto una dimensi6n f incional como geografica. 14. Se puede dar consideraci6n a preservar las relaciones entre los incumbentes y las circunscripciones al reconocer la residencia de los incumbentes y su historia en representar ciertas areas. 15. El plan debe estar estrechamente adaptado para evitar una retrogresi6n en la posici6n de las minorias raciales y minorias idiomaticas, segun la definici6n en la Ley de Derecho al Voto, con respecto a su ejercicio efectivo de la franquicia electoral. 16. El plan no debe fragmentar una comunidad minoritaria geograficamente compacta o aglomerar votantes minoritarios en el caso de una votaci6n polarizada de forma tal que cree una desventaja segun la Secci6n 2 de la Ley de Derecho al Voto, 42 U. S. C. § 1973. AUTORIZADA Y APROBADA en este dia 25 de octubre de 2021, por un voto de 7 ( a favor) , 0 ( en contra) y 0 ( abstenciones) del Consejo Municipal de la Ciudad de Wharton, Texas. AUTORIZADA, APROBADA Y ADOPTADA en este dia 25 de octubre de 2021. CIUDAD DE WHARTON, TEXAS Firma: TIM BARKER Alcalde ATESTIGUACION: City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 10 of 27 PAULA FAVORS Secretaria Municipal Anexo " A" CIUDAD DE WHARTON CRONOGRAMA DEL PROYECTO DE REDISTRIBUCION DE DISTRITOS 1. 11 de octubre de 2021: Se presentan los resultados de la Evaluaci6n Inicial al Consejo Municipal confirmando la necesidad de que la Ciudad de Wharton se someta a una redistribuci6n de distritos( asamblea regular del Consejo Municipal). 2. 25 de octubre de 2021: El Consejo Municipal considera la resoluci6n adoptando los Criterios de Redistribuci6n de Distritos, el cronograma del proyecto y las Pautas de Presentaci6n de las Propuestas de Redistribucion de Distritos. 3. 22 de noviembre de 2021: Presentaci6n de los mapas preliminares y datos demografricos de la poblaci6n al Consejo Municipal y en las reuniones con los lideres de los grupos de interes especial locales ( asamblea regular del Consejo Municipal). 4. 13 de diciembre de 2021: Primera lectura de la ordenanza del Consejo sobre el Mapa Final de Redistribucion de Distritos propuesto ( asamblea regular del Consejo Municipal). 5. 10 de enero de 2022: Ultima fecha de adopci6n del mapa( 2a lectura de la ordenanza). 6. 13 de enero de 2022: Primer dia para empezar a publicar en el tablero de anuncios el aviso de las fechas del periodo de presentaci6n para la elecci6n general. 7. 19 de enero de 2022: Fecha limite de presentaci6n de los candidatos. 8. 7 de mavo de 2022: Dia de la elecci6n. Councilmember, Terry Freese, seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request for an extension of a variance for the temporary placement of a travel trailer for temporary housing for 905 West Burleson Street. City Manager, Joseph R. Pace, stated Ms. Jessica Williams, with the Wharton County Recovery Team, had requested and received temporary variances of Chapter 38- Manufactured Housing, Mobile Homes and Travel Trailers; Article II Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles on behalf of the residents of 905 West Burleson. City Manager, Pace, said the current variance would expire on City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page I 1 of 27 November 10, 2021. Community Development Director, Gwyn Teves, stated the City had provided multiple variances and extensions of these variances in an effort to assist residents while alternative housing arrangements was made. Mrs. Teves said the residents were actively working with the General Land Office Homeowner Assistance Program( GLO-HAP) and received approval for a new home on October 1, 2021. She said the process was not a fast process and getting the construction started could take several months and once construction of the new home began, the Travel Trailer would be removed. Mrs. Teves presented a copy of the request from the Wharton County Recovery Team to extend the variance for six( 6) months. Mrs. Teves said it was the City Staff' s recommendation that a three( 3) month extension be approved and that the City be provided status updates on the progress of the construction. After some discussion, Councilmember, Alice Heard-Roberts, moved to approve the request for an extension of a variance for the temporary placement of a travel trailer for temporary housing for 905 West Burleson Street, for 3- month extension ending on February 10, 2022, with the City being provided status updates on the progress of the construction. Councilmember, Terry Freese, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request from the Wharton County Recovery Team for an extension of a variance for temporary placement of a travel trailer for temporary housing at 305 Black Street. City Manager, Joseph R. Pace, stated Ms. Jessica Williams with the Wharton County Recovery team requested and received temporary variances of Chapter 38- Manufactured Housing, Mobile Homes and Travel Trailers; Article II Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles on behalf of the residents of 305 Black Street. City Manager, Pace, said the last variance would expire on November 10, 2021 and the City had provided multiple variances and extensions of these variances in an effort to assist residents while alternative housing arrangements are made. Community Development Director, Gwyn Teves, stated the residents were actively working with the General Land Office Homeowner Assistance Program ( GLO-HAP) and received approval for a new home on September 7, 2021. Mrs. Teves said the process was not a fast process and getting the construction started could take several months and once construction of the new home began, the Travel Trailer would be removed. Mrs. Teves presented a copy of the request from the Wharton County Recovery Team to extend the variance for six months and she said that it was the City Staff's recommendation that a 3- month extension be granted and that the City be provided status updates on the progress of the construction. After some discussion, Councilmember, Alice Heard- Roberts, moved to approve the request from the Wharton County Recovery Team for an extension of a variance for temporary placement of a travel trailer for temporary housing at 305 Black Street for 3- month extension ending on February 10, 2022, with the City being provided status updates on the progress of the construction. Councilmember, Terry Freese, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a request by Mr. Jeff Rainer, Wharton Chamber of Commerce & Agriculture 2021 Holiday Parade Chairman, for the Wharton Holiday Parade for the following: A. Ordinance: An ordinance approving the 2021 Chamber of Commerce & Agriculture Holiday Parade Permit and authorizing the Wharton Police Department to redirect traffic. City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 12 of 27 B. The closure of State Highway 60 ( Burleson Street and Milam Street) from its intersection at Alabama Road and Polk Street and the 100 Block of South Fulton Street and South Houston Street from 5: 00 p.m. to 9: 00 p.m. and declare it as a" No Parking Zone". C. City of Wharton to provide five (5) portable lights for use during the parade. City Manager, Joseph R. Pace presented a copy of the request from Mr. Jeff Rainer, Wharton Chamber of Commerce & Agriculture 2021 Holiday Parade Chairman, for the Wharton Holiday Parade. After some discussion, Councilmember, Don Mueller, moved to approve afore mentioned items B. and C. and City of Wharton Ordinance No. 2021- 19, which read as follows: CITY OF WHARTON ORDINANCE NO. 2021- 19 AN ORDINANCE APPROVING THE 2021 CHAMBER OF COMMERCE & AGRICULTURE HOLIDAY PARADE PERMIT AND AUTHORIZING THE POLICE DEPARTMENT TO REDIRECT TRAFFIC. WHEREAS, The Wharton Chamber of Commerce and Agriculture has filed an application for a parade permit with the City of Wharton Police Department as required under the City of Wharton Code of Ordinances, Chapter 82, Article III, Sec. 82- 91; and, WHEREAS, The requested parade route requires the City of Wharton to close State Highway 60 Burleson Street and Milam Street) from its intersection with Alabama Road and Polk Street and the 100 Block of South Fulton Street and South Houston Street from 5: 00 p.m. to 9:00 p.m. and declare a" no parking zone" for such; and, WHEREAS, The closure of State Highway 60 will be for a time of less than four( 4) hours; and, WHEREAS, The closure will require the detouring of all traffic according to the map Attachment A) attached to this ordinance; and, WHEREAS, The routing of all traffic will include truck traffic to Alabama Road which is prohibited by ordinance; and, WHEREAS, The City Council wishes to suspend for the duration of the parade the enforcement of said ordinance of trucks traveling on Alabama Road; and, WHEREAS, If there are any other ordinances that would be violated because of the re-routing of all traffic their suspension is hereby authorized. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, that: Section I. The parade permit for the Wharton Chamber of Commerce and Agriculture is hereby approved. City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 13 of 27 Section II. The parade route is hereby approved as detailed in the attached map ( Attachment A) which is hereby made part of this ordinance. Section III. The closure of all streets as indicated in said map identified in Section II are hereby authorized. Section IV. The traffic detour plan as identified is Section III above is hereby approved. Section V. The Chief of Police and City Staff are hereby authorized to make the necessary expenditures needed to ensure the safety of the public. Section VI. This ordinance shall become effective on the 23rd day of November 2021 and remain in effect until such time that the parade concludes. Passed, Approved and Adopted this 25th 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 sixth item on the agenda was to review and consider a resolution authorizing the acceptance of a Park and Road Right- of- Way from Adolph& Maynard Smith as platted in the Smith' s Garden Spot Addition recorded at the Wharton County Records Volume 282 Page 183. City Manager, Joseph R. Pace, stated the City Staff had been working closely with the US Army Corps of Engineers to finalize the acquisition of properties for Phase 1 of the Wharton Levee System. City Manager, Pace, said that one of the locations to be finalized was the park and roadways designated as North Outlar Boulevard and South Outlar Boulevard on the plat recorded by Adolph& Maynard Smith on September 6, 1955. Community Development Director, Gwyn Teves, stated the plat was recorded prior to the area being annexed into the City of Wharton and it had come to the City' s attention that the City never accepted the public use areas by resolution. Mrs. Teves said that it was the requirement of the Army Corps that the City have a record of the property being accepted by resolution as platted to complete this section of the acquisition. After some discussion, City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 14 of 27 Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2021- 111, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 111 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PARK AND ROAD RIGHT OF WAY FROM ADOLPH & MAYNARD SMITH AS PLATTED IN THE SMITH' S GARDEN SPOT ADDITION RECORDED AT THE WHARTON COUNTY RECORDS VOLUME 282 PAGE 183. WHEREAS, The City of Wharton desires to accept the park and road right of way from Adolph& Maynard Smith on property located in the Smith' s Garden Spot Addition, Wharton County, Texas as recorded by plat in the Wharton County Records Volume 282 Page 183; and WHEREAS, Adolph& Maynard Smith wish to grant the City of Wharton said park and roadways as documented in the recorded plat attached hereto as Exhibit" A"; and WHEREAS, The City Council accepts the designation of property for public use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The City Council hereby accepts the park and road right of way from Adolph & Maynard Smith on property located in the Smith' s Garden Spot Addition, Wharton County, Texas as recorded by plat in the Wharton County Records Volume 282 Page 183. Section H. The City Council hereby accepts the designation of property for public of a park and roadways as documented in the recorded plat attached hereto as Exhibit" A" Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 25h day of October 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 15 of 27 PAULA FAVORS City Secretary Councilmember, Alice-Heard Roberts, 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 ratifying the Lower Colorado River Community Development Partnership Program Grant Agreement awarding$ 50,000 towards Civic Center repairs. City Manager, Joseph R. Pace, stated that on July 26, 2021, the City Council authorized the submission of an application for the 2021 Lower River Colorado Authority' s Community Development Partnership Program for repairs at the Civic Center. Community Development Director, Gwyn Teves stated the City Staff was notified on October 5, 2021, that a $ 50,000 grant was awarded by the Lower Colorado River Authority and per the grant requirements, the agreement had to be signed and returned within 10 days to proceed. Mrs. Teves said the City Staff was requesting council ratify the agreement with LCRA. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2021- 112, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 112 A RESOLUTION OF THE WHARTON CITY COUNCIL RATIFYING THE LOWER COLORADO RIVER COMMUNITY DEVELOPMENT PARTNERSHIP PROGRAM GRANT AGREEMENT AWARDING$ 50,000 TOWARDS CIVIC CENTER REPAIRS. WHEREAS, The City Council authorized the submission of an application for the 2021 Lower Colorado River Authority Community Development Partnership Program on July 26, 2021; and, WHEREAS, The City of Wharton was notified October 5, 2021, of a $ 50,000 award for Civic Center repairs; and, WHEREAS, The Mayor of the City of Wharton executed the Lower Colorado River Authority Community Development Partnership Program Agreement on October 11, 2021; and, WHEREAS, The Wharton City Council wishes to ratify the Lower Colorado River Authority Community Development Partnership Program Agreement and authorize the Mayor of the City of Wharton to execute all documents related to the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby ratifies the Lower Colorado River Authority Community Development Partnership Program Agreement and authorizes the Mayor of the City of Wharton to execute all documents related to the agreement. City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 16 of 27 Section II. The City of Wharton and the Lower Colorado River Authority are hereby bound by the conditions as set forth in the agreement. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 25th day of October 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 eighth item on the agenda was to review and consider a resolution of the Wharton City Council adopting and approving the Texas term sheet in its entirety by the Texas Opioid Abatement Fund Council and authorizing the Mayor of the City of Wharton to execute all documents related to said agreement. City Secretary, Paula Favors, stated Texas, along with a broad coalition of states and subdivisions, had reached final agreements with four companies to resolve legal claims against for their role in the opioid crisis. Mrs. Favors said that funding would be distributed to states according to the allocation agreement reached among the Attorneys General and subdivisions could only participate in the agreement if their state participated, which Texas was. She said the City of Wharton had been allocated $ 31, 700, if the City Council choose to participate and the funding could only be used for certain expenses which are attached as " EXHIBIT E List of Opioid Remediation Uses". Mrs. Favors stated the City Staff was recommending the City Council consider approving this request and City Attorney, Paul Webb had reviewed the request and was recommending the City Council consider approving it. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2021- 113, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 113 A RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING AND APPROVING THE TEXAS TERM SHEET IN ITS ENTIRETY BY THE TEXAS OPIOID ABATEMENT City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 17 of 27 FUND COUNCIL AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT. WHEREAS, The City of Wharton obtained information indicating that certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation ( collectively, " Defendants") have engaged in fraudulent and/ or reckless marketing and/ or distribution of opioids that have resulted in addictions and overdoses; and, WHEREAS, These actions, conduct and misconduct have resulted in significant financial costs to the City; and, WHEREAS, On May 13, 2020, the State of Texas, through the Office ofthe Attorney General, and a negotiation group for Texas political subdivisions entered into an Agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet( hereafter, the Texas TermSheet) approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit" A"; and, WHEREAS, Special Counsel and the State of Texas have recommended that the City of Wharton support the adoption and approval the Texas Term Sheet in its entirety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. Support the adoption and approval the Texas Term Sheet in its entirety; and, Section II. Finds as follows: A. There is a substantial need for repayment of opioid-related expenditures and payment to abate opioid-related harms in and about the City of Wharton; and, B. The City Council supports in its entirety and hereby adopts the allocation method for opioid settlement proceeds as set forth in the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET, attached hereto as Exhibit A. The City of Wharton City Council understands that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants as defined therein. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic in this County and throughout Texas. City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 18 of 27 Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 25th day of October 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 nineth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the City Manager of the City of Wharton to execute a Performance Agreement with the Wharton Economic Development Corporation regarding funding for the Mowing and Landscape Maintenance Agreement with Texas Department of Transportation of approximately 89 acres of land along Highway US 59 at its intersection with FM 102 and Highway 60. City Manager, Joseph R. Pace, presented a copy of a letter from Wharton Economic Development Corporation Executive Director Josh Owens regarding the Municipal Maintenance Performance Agreement that would fund the City' s agreement with TxDOT for the Landscape and Maintenance Agreement the City had approved and a copy of the Wharton Economic Development Corporation Agreement; along with a resolution that would authorize the City Manager to execute the agreement on behalf of the City. After some discussion, Councilmember, Clifford Jackson, moved to approve City of Wharton Resolution No. 2021- 114, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 114 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE A PERFORMANCE AGREEMENT WITH THE WHARTON ECONOMIC DEVELOPMENT CORPORATION REGARDING FUNDING FOR THE MOWING AND LANDSCAPE MAINTENANCE AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION OF APPROXIMATELY 89 ACRES OF LAND ALONG HIGHWAY 59 AT ITS INTERSECTION WITH FM 102 AND HIGHWAY 60. WHEREAS, The Wharton City Council wishes to authorize a Municipal Maintenance Performance Agreement with the Wharton Economic Development Corporation for City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 19 of 27 the maintenance of approximately 89 acres along US Highway 59 at its intersection with FM 102 and Highway 60; and, WHEREAS, The City of Wharton and Wharton Economic Development Corporation wishes to be bound by the conditions set forth in said contract; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute the agreement; and, WHEREAS, The Wharton City Council wishes this resolution to become effective immediately upon its passage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, THAT: Section 1. The Wharton City Council hereby authorizes the City Manager of the City of Wharton to execute a Municipal Maintenance Performance Agreement with Wharton Economic Development Corporation. Section 2. The City of Wharton and Wharton Economic Development Corporation are hereby bound by the conditions set forth in the agreement. Section 3. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED and ADOPTED this 25th day of October 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: BY: PAULA FAVORS City Secretary Councilmember, Terry Freese, seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider a resolution of the Wharton City Council approving a Utility Service Agreement between the Wharton Economic Development Corporation and the City of Wharton and authorizing the Mayor of the City of Wharton to execute all documents related to said agreement. City Manager, Joseph R. Pace, stated the Wharton Economic Development Corporation( WEDCo) was working with a business at 3010 North Richmond Road and was wanting to provide utilities for that business. Community Development Director, Gwyn City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 20 of 27 Teves, stated the City of Wharton would be working with consultants and bidding out the construction of the utilities and the costs would be paid by WEDCo up to$ 150, 000, if the estimate or any change orders were required additional funds, then it would be discussed with WEDCo prior to approval. Mrs. Teves presented a draft copy of the Utility Service Agreement to be executed by WEDCO and the City of Wharton, if accepted by the City Council. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2021- 115, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 115 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A THE UTILITY SERVICE AGREEMENT WITH WHARTON ECONOMIC DEVELOPMENT CORPORATION AND THE CITY OF WHARTON AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE THE AGREEMENT. WHEREAS, Wharton Economic Development Corporation and the City of Wharton wish to enter into a utility service agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the city of Wharton to execute the agreement; and, WHEREAS, The Wharton City Council wishes this resolution to become effective immediately upon its passage. 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 the utility service agreement with Wharton Economic Development Corporation and the City of Wharton. Section II. The Mayor of the City of Wharton is hereby authorized to execute the agreement. Section III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 25th day of October 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 21 of 27 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 awarding a contract for the sanitary sewer main line replacement on Richmond Road 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 an ariel of the 350' section of 12" concrete sanitary sewer main that needed to be replaced from Wayside Street to Emily Street. Public Works Director, Anthony Arcidiacono, stated an emergency repair was made in this area as a temporary solution in November of 2019. Mr. Arcidiacono said that after several complaints about a sewer smell coming from the area the Public Works Department discovered the same area, they had repaired in 2019, had failed. He said that due to the condition of the line, it would need to be replaced from manhole to manhole and cure in place pipe ( CIPP) was recommended however, if the line was collapsed in multiple areas along this segment, pipe bursting would be the method used. Mr. Arcidiacono presented the following contractors that were contacted for a quote: 1. JTM Construction, LLC.: No response 2. Texas Pride Utilities: 10/ 19/ 21, CIPP - $ 26, 455. 00, Pipe burst- $ 34, 391. 00 3. Mercer Construction: Mercer does not perform pipe bursting or CIPP. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2021- 116, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 116 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR THE SANITARY SEWER MAIN LINE REPLACEMENT ON RICHMOND ROAD 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 sanitary sewer main line replacement on Richmond Road with Texas Pride Utilities and, WHEREAS, The City of Wharton and Texas Pride Utilities wishes to be bound by the conditions as set forth in the contract; 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: City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 22 of 27 Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute a contract with Texas Pride Utilities for the sanitary sewer main line replacement on Richmond Road. 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. 25u' Passed, Approved, and Adopted this 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 twelfth item on the agenda was to review and consider a Pay Request and Final from Fuquay, Inc., for the 2020 Street Improvement Program. City Manager, Joseph R. Pace, presented a copy of Pay Request and Final from Fuquay, Inc., for the 2020 Street Improvement Program in the amount of$ 126, 085. 55 and a copy the Affidavit of All Bills Paid and Certificate of Construction Completion. After some discussion, Councilmember, Don Mueller, moved to approve Pay Request and Final from Fuquay, Inc., for the 2020 Street Improvement Program. Councilmember, Russell Machann, 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 supporting rural Texas by immediately restoring funding to the Texas Universal Service Fund. City Manager, Joseph R. Pace, presented a copy of an email from the Mayor of the City of El Campo requesting the City Council consider the a resolution regarding supporting rural Texas by immediately restoring funding to the Texas Universal Service Fund. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2021- 117, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 117 City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 23 of 27 A RESOLUTION OF THE WHARTON CITY COUNCIL SUPPORTING RURAL TEXAS BY IMMEDIATELY RESTORING FUNDING TO THE TEXAS UNIVERSAL SERVICE FUND. WHEREAS, the City of Wharton encourages access for all citizens to affordable, reliable broadband and telecommunications services; and, WHEREAS, the rural telecommunications network is vital to all Texans, as it carries voice and data traffic from urban areas through rural Texas to ensure reliable connectivity to both in-state and out-of-state resources; and, WHEREAS, the rural telecommunications network provides for not only broadband transmission, but facilitates voice service, 911 service, and provides vital middle mile connectivity for cellular towers; and, WHEREAS, the need for reliable, affordable broadband has been reinforced with the increase in remote learning, telemedicine, and working remotely caused by the pandemic; and, WHEREAS, the continued economic success of rural Texas is vital to the overall Texas Economy; and, WHEREAS, over 4 million Texans in rural areas, served by rural telecommunications providers, and over 55 percent of the land mass of our state( 155, 000 square miles) rely on the rural telecommunications network; and, WHEREAS, the policy of the State of Texas since the 1930' s has been the provision of state support to allow for rural telecommunications services to be reliable and affordable; and, WHEREAS, the State' s support for rural telecommunications has been severely cut through defending the Texas Universal Service Fund; and, WHEREAS, in 2020, the Public Utility Commission, appointed by the Governor, failed to take measures to keep the USF solvent; and, WHEREAS, in 2021, average state support fell from $81 per access line to $ 21; and, WHEREAS, these drastic reductions in state support have hampered the ability of rural telecommunications providers to provide new and expanded service, and in some areas jeopardize the viability of the rural telephone network - thereby jeopardizing emergency services and cellular service; and, WHEREAS, these cuts, if not restored, will result in rate increases to rural telecommunications customers and will hamper economic development, affecting agricultural and manufacturing operations that rely on affordable broadband. City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 24 of 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the City of Wharton calls upon the Governor and the Public Utility Commission to show their support for Rural Texas by immediately restoring funding to the Texas Universal Service Fund. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 25th day of October 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 fourteenth item on the agenda was to review and consider City Manager Reimbursement. City Manager, Joseph R. Pace, presented a copy of his request for reimbursement. After some discussion, Councilmember, Don Mueller, moved to approve City Manager Reimbursement. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The fifteenth item on the agenda was to review and consider an 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 sixteenth item on the agenda was to review and consider an update of City of Wharton on- going Projects. City Manager, Joseph R. Pace, presented his memorandum dated October 13, 2021, providing an update on the City of Wharton current projects as of September 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. City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 25 of 27 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 one of the construction projects to be funded with the Texas Water Development Board ( TWDB) Flood Infrastructure Fund 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. The project is also listed as one of the construction projects to be funded with the Texas Water Development Board( TWDB) Flood Infrastructure Fund Program for partial assistance. 3. On-going Drainage and Maintenance Program. The Public Works Department has continued working on cleaning residential drainage ditches that have experienced poor drainage. 4. Pecan Acres ( Mahan, 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. The project is listed as one of the construction projects to be funded with the Texas Water Development Board ( TWDB) Flood Infrastructure Fund Program for partial assistance. WATER/SEWER IMPROVEMENTS: 1. On-going Water and Sewer Maintenance Program. Water leaks and sewer failures are still being seen in the month of September. 2. Water Well and Water Plant Project— CR 222 ( Halford). Halff and Associates the City' s engineering firm on the project has completed the construction City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 26 of 27 plans. The City Council and USDA have approved the construction contracts and construction has begun with E-Contractors and Wiesinger, Inc. Monthly progress meetings are being held and the access roadway is under construction for drilling equipment. 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 are 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 coating is expected to be completed by August 2021. After some discussion, no action was taken. The seventeenth 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 present. After some discussion, no action was taken. The eighteenth item on the agenda was to review and consider City Council Boards, Commissions and Committee Reports: A. Wharton Economic Development Corporation Board of Directors Selection Committee meeting held September 20, 2021. After some discussion, no action was taken. The nineteenth item on the agenda was to review and consider City Manager' s Reports: City of Wharton City Council Regular Meeting Minutes- October 25, 2021 Page 27 of 27 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. 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: 50 p. m. CITY OF WHARTON, TEXAS By: L• TIM BARKER Mayor AtST: PAU A VAVORS k 0 II City Secretary