City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING NOVEMBER 08, 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; Clifford Jackson; Russell Machann; Don Mueller; and Steve Schneider. Councilmember absent was: Alice Heard-Roberts. 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; Civic Center Director, Makyla Monroe; and Public Works Director, Anthony Arcidiacono. Visitors present were: Laura Clemons; Haywood Mack Ross; Sandy Sanders; Dan Federico; Morgan K. Taylor; Tammy Atkinson; Wharton Chamber of Commerce Director, Ron Sanders; and Albert Villegas, with the Wharton Journal Spectator. Roll Call and Excused Absences. After some discussion, Councilmember, Russell Machann, moved to excuse Councilmember, Alice Heard- Roberts. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. Wharton Moment. No comments were made. 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 the reading of the minutes from the regular meetings held October 11, 2021 and October 25, 2021. After some discussion, Councilmember, Russell Machann, moved to approve from the regular meetings held October 11, 2021 and October 25, 2021. Councilmember, Don Mueller, seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 2 of 14 The second item on the agenda was to review and consider the request from the Wharton Chamber of Commerce for assistance for Snow Day on the Square on Friday, December 17, 2021 for the following: A. Close to traffic the 100- block of North Fulton Street from 3: 00 p. m. to 9: 30 p. m. on the day of the event. B. Provide trash cans on the east side of the square during the above hours. City Manager, Joseph R. Pace, presented a copy of the request from Mr. Ron Sanders, Executive Director of the Wharton Chamber of Commerce, for assistance for Snow Day on the Square. After some discussion, Councilmember, Russell Machann, moved to approve afore mentioned items A. B. Councilmember, Terry Freese, seconded the motion. All voted in favor. The third item on the agenda was to review and consider the request by Tegrity Homes on behalf of Mr. Larry Jackson at 401 Correll Ave., Washington Homes, Block 5, Lot 1 & 2 for 4' exterior lot line setback variance from the required 15' for a rebuild of a home through the General Land Office. City Manager, Joseph R. Pace, presented a copy of the request by Tegrity Homes on behalf of Mr. Larry Jackson at 401 Correll Ave., Washington Homes, Block 5, Lot 1 & 2 for 4' exterior lot line setback variance from the required 15' for a rebuild of a home through the General Land Office. Community Development Director, Gwyn Teves, stated the Planning Commission met on November 1, 2021, and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember, Clifford Jackson, moved to approve the request by Tegrity Homes on behalf of Mr. Larry Jackson at 401 Correll Ave., Washington Homes, Block 5, Lot 1 & 2 for 4' exterior lot line setback variance from the required 15' for a rebuild of a home through the General Land Office. Councilmember, Terry Freese, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider the request by Mr. Russell Baird at 308 W. Milam St., Wharton, Block 10, Lots IA-1, IA-B, lA-C, 2A-A, 2A-B, 2A-C, 3, 4B, 5A-2 for the following variances applicable to the replat application to follow: A. 5. 02. Lots, Section 3. Minimum Width: Each lot in the proposed re- plat is less than 60 feet in width. B. 5. 02. Lots, Section 4. Minimum Depth: Lot 1 in the proposed re- plat is less than 120 feet depth. C. 5. 02, Lots, Section 5. Minimum Area: Each lot in the proposed re- plat is less than 7, 200 square feet D. 5. 02, Lots, Section 6. Corner Lots: Lot 6, the corner lot of the re- plat, is less than 75 feet but is not 5 feet wider than the average interior lots in the block. E. 5. 04, Building Lines: The buildings in the subdivision are already existing and are located directly on the lot lines, therefore variance to all building line ordinances is requested. F. 5. 06, Easements: Variance is requested to the easement ordinances to the extent the easement areas indicated on the plat do not conform with the ordinances. G. 5. 07, Improvements, Section 1: Variance is requested to the requirement of placement of monuments, to the extent the monuments are not already in existence, due to the subdivision already being developed. City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 3 of 14 H. 5. 07, Improvements, Section 2: Variance is requested to the requirement for installation of sidewalks. Sidewalks are already in existence along the lots and block and to the extent they are not in compliance with the ordinance, variance is requested. City Manager, Joseph R. Pace, presented a copy of the request by Mr. Russell Baird at 308 W. Milam St., Wharton, Block 10, Lots IA- 1, IA-B, IA-C, 2A-A, 2A- B, 2A- C, 3, 413, 5A-2 for variances applicable Community Development Director, Gwyn Teves, to the replat application. stated the Planning Commission met on November 1, 2021, and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember, Terry Freese, moved to approve the request by Mr. Russell Baird at 308 W. Milam St., Wharton, Block 10, Lots IA-I, IA-B, IA-C, 2A-A, 2A-B, 2A-C, 3, 413, 5A-2 for the following variances applicable to the replat application to follow: A. 5. 02. Lots, Section 3. Minimum Width: Each lot in the proposed re- plat is less than 60 feet in width. B. 5. 02. Lots, Section 4. Minimum Depth: Lot 1 in the proposed re- plat is less than 120 feet depth. C. 5. 02, Lots, Section 5. Minimum Area: Each lot in the proposed re- plat is less than 7, 200 square feet D. 5. 02, Lots, Section 6. Corner Lots: Lot 6, the corner lot of the re- plat, is less than 75 feet but is not 5 feet wider than the average interior lots in the block. E. 5. 04, Building Lines: The buildings in the subdivision are already existing and are located directly on the lot lines, therefore variance to all building line ordinances is requested. F. 5. 06, Easements: Variance is requested to the easement ordinances to the extent the easement areas indicated on the plat do not conform with the ordinances. G. 5. 07, Improvements, Section 1: Variance is requested to the requirement of placement of monuments, to the extent the monuments are not already in existence, due to the subdivision already being developed. H. 5. 07, Improvements, Section 2: Variance is requested to the requirement for installation of sidewalks. Sidewalks are already in existence along the lots and block and to the extent they are not in compliance with the ordinance, variance is requested. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider the request by Mr. Russell Baird at 308 W. Milam St., Wharton, Block 10, Lots IA- 1, IA-B, IA-C, 2A-A, 2A-B, 2A-C, 3, 413, 5A-2 for replat. City Manager, Joseph R. Pace, presented a copy of the request by Mr. Russell Baird at 308 W. Milam St., Wharton, Block 10, Lots lA- 1, lA-B, lA-C, 2A-A, 2A-B, 2A-C, 3, 4B, 5A-2 for replat. Community Development Director, Gwyn Teves, stated the Planning Commission met on November 1, 2021, and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember, Terry Freese, moved to approve consider the request by Mr. Russell Baird at 308 W. Milam St., Wharton, Block 10, Lots IA- 1, IA-B, 1A-C, 2A-A, 2A-B, 2A- City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 4 of 14 C, 3, 4B, 5A-2 for replat. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider the request by Mr. Matt Mullin on behalf of Alamo Lumber Company at 1106 N Richmond Rd., Alamo Lumber Co. Subdivision, Block 1, Lot 1 and Toxey, Block 2 Lot 6 & 7B for a replat for new construction. City Manager, Joseph R. Pace, presented a copy of the request by Mr. Matt Mullin on behalf of Alamo Lumber Company at 1106 N Richmond Rd., Alamo Lumber Co. Subdivision, Block 1, Lot 1 and Toxey, Block 2 Lot 6& 7B for a replat for new construction. Community Development Director, Gwyn Teves, stated the Planning Commission met on November 1, 2021, and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember, Russell Machann, moved to approve the request by Mr. Matt Mullin on behalf of Alamo Lumber Company at 1106 N Richmond Rd., Alamo Lumber Co. Subdivision, Block 1, Lot 1 and Toxey, Block 2 Lot 6 & 7B for a replat for new construction. Councilmember, Terry Freese, seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 82 Traffic, providing that a violation of the ordinance or any part of the code as adopted hereby shall constitute a penalty upon conviction of a fine; providing for severability and setting an effective date. City Manager, Joseph R. Pace, stated the City had identified the need to enhance pedestrian crosswalk safety on the Santa Fe Trail. Chief of Police, Terry Lynch, stated the Santa Fe Trail had four intersections where crosswalks were designated and two of which had stop signs at Pecan Street and Olive Street. Chief Lynch said North Rusk Street and North Fulton Street had proper crosswalk signage, but both streets flow unrestricted. City Manager Pace said the Police, Parks and Public Works Departments had coordinated to add solar-powered flashing yellow lights, in addition to the current signage for North and Southbound traffic on Fulton Street and in order to address the issue at the North Rusk Street crosswalk, it was proposed to place stop signs at the intersection of 1000 North Rusk at 100 Third Street, facing South, along with placing a stop sign at 900 North Rusk Street at 200 Third Street, facing North. After some discussion, Councilmember, Clifford Jackson, moved to approve City of Wharton Ordinance No. 2021- 20, which read as follows: CITY OF WHARTON ORDINANCE NO. 2021- 20 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 82 TRAFFIC, PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas that the City of Wharton Code of Ordinances, Chapter 82 Traffic, shall read as follows: ARTICLE II. OPERATION OF VEHICLES City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 5 of 14 Sec. 82- 63. Stop intersections designated. The following intersections in addition are designated as stop intersections and stop signs shall be erected as follows: Rusk north at its intersection with Third Street. Sec. 82- 174. Fine and penalty for violation. Every person convicted of a violation of any provision ofthis section shall be subject to the penalty, not to exceed $ 50.00 fine, removal and detention of the license plate from such person' s bicycle for a period not to exceed 90 days, to impounding of such person's bicycle for a period not to exceed 30 days, or by any combination thereof. Penalty Clause Except as otherwise provided in this chapter, any person found guilty of intentionally, knowingly or recklessly violating any provision of this article and upon conviction thereof in the municipal court shall be fined in accordance with the terms of Section 1- 5 of the Code of Ordinances of the City of Wharton, Texas. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Effective Date This Ordinance shall become effective on the 19th day of November 2021 at 12: 01 a.m. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on the 8th day of November 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 6 of 14 ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember, Terry Freese, 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 the lease of a Vactor Impact Combination Sewer Cleaner from Kinloch Equipment & Supply, Inc., 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 Arcidiacono regarding the leasing of a Vactor Impact Combination Sewer Cleaner from Kinloch Equipment & Supply, Inc. Mr. Arcidiacono stated the Finance Committee had met on Monday, November 8, 2021, and were recommending the City Council consideration approving the lease. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2021- 118, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 118 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE LEASE OF A VACTOR IMPACT COMBINATION SEWER CLEANER FROM FREIGHTLINER OF AUSTIN 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 lease agreement with Freightliner of Austin; and, WHEREAS, The City of Wharton and Freightliner of Austin 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. City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 7 of 14 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 all documents with Freightliner of Austin for the Vactor Impact Combination Sewer Cleaner. Section II. The City of Wharton and Freightliner of Austin are hereby bound by the conditions as set forth in the contract. Section III. That this resolution shall become effective immediately upon its passage. 8h Passed, Approved, and Adopted this day of November 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 ninth item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Article VI Civic Center; providing that a violation of the ordinance or any part of the code as adopted hereby shall constitute a penalty upon conviction of a fine; revoking all ordinances or parts of ordinances in conflict herewith other provided herein; providing for separability and setting an effective date. City Manager, Joseph R. Pace, presented a copy of an amendment to the City of Wharton Code of Ordinances, Article VI, Sec 2- 171, Sec 2- 204, Section 2- 213 as prepared by Civic Center Manager, Makyla Monroe. Ms. Monroe stated she had consulted with Chief of Police, Terry Lynch, on Section 2- 213 Security Officers and he was in agreement with the revisions. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Ordinance No. 2021- 21, which read as follows: CITY OF WHARTON ORDINANCE NO. 2021- 21 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, ARTICLE VI. CIVIC CENTER; PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE; REVOKING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH OTHER  City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 8 of 14 PROVIDED HEREIN; PROVIDING FOR SEPARABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas that Chapter 2 Administration, Article VI, Community Center; Division 1 Generally; Section 2- 171 Fee Schedule; Division 2 Rental Policies; Section 2- 204 Decorations; Section 2- 212 Alcoholic Beverages and Section 2- 213 Security be amended to read as follows: DIVISION 1. GENERALLY Sec. 2- 171. Fee schedule. All persons contracting with the City regarding the use of the civic center, located at 1924 North Fulton, shall pay the security deposit and rental fees in accordance with the following schedule: Available rental rooms/ areas and deposit schedule. Room Max Occupancy Deposit Main Hall 700 500.00 Pre- Function 120 200.00 O' Quinn Room 100 200.00 Duncan Auditorium 60 200.00 Meeting Room A 30 100. 00 Meeting Room B 30 100. 00 TABLE INSET: Monday- Thursday( weekday rates Friday- Sunda weekend rates Room Government Commercial/ Minimu Room Government and Commercial/ Priva Minimu and Nonprofit Private m Fee* Nonprofit to m Fee* Meeting A, $ 20.00 per hour $ 25. 00 per $ 80. 00/ Meeting A, $ 30. 00 per hour $ 35. 00 per hour $ 120. 00/ Meeting B, hour 100. 00 Meeting B, 140. 00 Duncan Duncan Auditorium Auditorium Pre- 25. 00 per hour $ 30. 00 per $ 100. 00/ Pre- 35. 00 per hour $ 40. 00 per hour $ 140. 00/ Function, hour 120.00 Function, 160. 00 O' Quinn O'Quinn Room Room Main Hall $ 700.00 for up to $ 800.00 for up $ 700. 00/ Main Hall $ 900.00 for up to $ 1000. 00 for up to $ 900.00/ Day of 12 hours.( Over to 12 hours. $ 800. 00 Day of 12 hours.( Over 12 hours.( Over 12 $ 1000. 00 Event 12 hours Over 12 Event 12 hours hours includes $ 75. 00/ hour) hours includes 75. 00/ hour) 100.00/ hour) kitchen 100. 00/ hour kitchen Main Hall 8 a. m. to 4 p. m.- 8 a.m. to 4 p. m.- N/ A Main Hall 8 a. m. to 4 p. m.- 8 a. m. to 4 p. m.- N/ A Set- up no charge 4 $ 75. 00/ hour Set- up no charge 75. 00/ hour p. m. to 12 am.- 4 p. m. to 1 4 p. m. to 1 a. m.- Day before Day before 4 p. m. to 1 a.m.- 75. 00/ hour a.m.- Event Event 75. 00/ hour 100.00/ hour 100.00/ hour Minimum fee is quoted for nonprofit minimum and commercial/ private minimum. Tablecloth rental. All persons contracting with the City regarding use of the civic center who wish to use tablecloths provided by the center shall pay an additional fee of$ 7. 00 per cloth City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 9 of 14 per table per day. This fee covers the cost of laundering, placing and removing table coverings from the tables. The Wharton Civic Center, upon approval of the current City Council, can Sponsor or partner with a local Organization or business for an event. Each event would need to have City Council approval regarding rental rates and/ or income and expense allocations. DIVISION 2. RENTAL POLICIES Sec. 2- 204. Decorations; use of rice, confetti, birdseed or flammable materials; red dye. a) No decorations of any kind are allowed to be nailed, taped or tacked to any part of the civic center. b) The use of rice, confetti, birdseed or any flammable material is prohibited inside the-civic center. The throwing of rice is allowed, but must be restricted to the outside areas only. c) No crepe paper may be used to decorate tables and only " dripless" candles on nonflammable trays or in nonflammable containers may be used. d) Any kind of beverages containing red dye are not allowed in the civic center. Sec. 2- 212. Alcoholic beverages. a) An applicant holding a function at the civic center where alcoholic beverages will be served or consumed is required to have security officers present during the function. The security officers will be scheduled through the Wharton Police Department, and applicants will be responsible for assuming the cost for security. Payment for security shall be paid at least two weeks prior to the event at the Wharton Police Department. Failure to comply shall be just cause for the cancellation of the reservation. Applicants will employ the security officers for the last four( 4) hours ofthe event and until the building is completely vacant and secure. There will be no alcohol consumption after 12: 00 midnight. b) Applicants agree to comply with all applicable state and local liquor laws. c) Applicant shall not allow any person to exit the civic center with an open container of alcoholic beverages. d) Violation of this provision shall constitute the applicant receiving a misdemeanor and upon conviction shall be fined in any sum not less that$ 100. 00 nor more than the maximum provided for each offense. Sec. 2- 213. Security officers. Applicants will employ the security officers for the last four (4) hours of the event and until the building is completely vacant and secure as set forth in Items A and B listed below. Security officers shall have the responsibility or duty of: 1) enforcing federal, state and municipal/City ordinances; 2) keeping the public peace; 3) pro- actively patrolling looking for and investigating violations of the law, and 4) responding to incidents. Security officers shall be certified peace officers from a public law enforcement agency located in Wharton County. The City requires security officers for civic center functions as follows: A) Alcohol served; security officers are required as follows: a) Groups up to 100, requires one security officer. b) Groups of 101- 300, requires two security officers. b) Group of 301 to 400, requires three security officers. City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 10 of 14 c) Group of 401 and up, requires minimum of five security officers. If the renter fails to document in the application that alcohol will be served or materially misstates the number of people attending, civic center personnel will: ( 1) contact the appropriate number of security officers to work the event ( renter is responsible for payment additional security officers during the event), ( 2) cancel the event if security officers are not available or ( 3) the renter will remove the alcohol from the event. In all circumstances in which alcohol is found during or after the event and was not noted on the application, or applicant materially misstates the number of people and additional security officers are called, the security deposit will be forfeited. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Fine and Penalty for Violations Sec. 18- 145. Penalties. Any person violating any of the terms or provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $ 100. 00 nor more than the maximum provided in section 1- 5 for each offense. If the terms or provisions of this article are violated by any corporation or firm, the officers and agents actively in charge of the business of such corporation or firm and the person actually performing the work for such corporation or firm shall be subject to the penalties provided in this section. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Effective Date This Ordinance shall become effective at 12: 01 a. m. on the 19th day of November 2021. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on the 8th day November 2021. CITY OF WHARTON, TEXAS By: City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 11 of 14 TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider an ordinance abandoning a Utility Easement at 106 South Outlar Street, situated in Smith Garden Spot, Lot 1, City of Wharton, Wharton County, Texas. City Manager, Joseph R. Pace, stated the City of Wharton Code Enforcement Department received plans for a new home at 106 South Outlar Street for new construction and to meet the setbacks as required in the ordinance the house would encroach the existing 15 utility easement. Community Development Director, Gwyn Teves, stated that for the builder to remain in compliance and not require any variances it was the request of Hacienda Services, Inc., and the City Staff to release the 15' utility easement at 106 South Outlar Street, Smith Garden Spot, Lot 1. Mrs. Teves stated the request was that the City of Wharton release the utility easement that ran on the southern side of the property of Lot 1. She said that after verification, with all utility companies, there were no utilities utilizing the easement. After some discussion, Councilmember, Clifford Jackson, moved to approve City of Wharton Ordinance No. 2021- 22, which read as follows: CITY OF WHARTON ORDINANCE NO. 2021- 22 AN ORDINANCE ABANDONING A UTILITY EASEMENT AT 106 SOUTH OUTLAR STREET, SITUATED IN SMITH GARDEN SPOT, LOT 1, CITY OF WHARTON, WHARTON COUNTY, TEXAS. WHEREAS, A 15' easement has been designated for utility purposes at 106 South Outlar Street, situated in Smith Garden Spot, Lot 1, City of Wharton, Wharton County, Texas, as shown on the attached hereto, marked Exhibit A, and incorporated herein; and, WHEREAS, The owner has requested the City of Wharton, Texas to abandon the above described easement; and, City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 12 of 14 WHEREAS, The above described easement is obsolete and is not being used for any utility services; and, WHEREAS, The Mayor and City Council of Wharton, Texas deem it desirable and proper to close, abandon, and vacate the above-described easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, that: Section I. The City of Wharton closes, abandons, and vacates the above described utility easement. Section II. The City Secretary is hereby directed to file with the County Clerk of Wharton, Texas, a certified copy of this ordinance. Section III. This ordinance shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED by the City Council of the City of Wharton, 8t' Texas, on the day of November 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember, Terry Freese, seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider a request from Aranda Industries, contractor for the construction of the Control Public Utility Relocation/ Abandonment — Hughes Street for the United States Army Corp of Engineers( USACE) Levee Project, to preorder materials and to store the materials at a secure location. City Manager, Joseph R. Pace, stated that on August 23, 2021, the contract for the Construction of the Colorado River Flood Control Public Utility City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 13 of 14 Relocation/ Abandonment — Hughes Street for the United States Army Corp of Engineers USACE) Levee Project was awarded to Aranda Industries. City Manager Pace said that during the pre-construction meeting held on October 27, 2021, the contractor requested permission to preorder materials due to the pending cost increases, back- order issues and supply issues. Community Development Director, Gwyn Teves, stated the City Staff did verify with the USACE that if the contractor was allowed to purchase the materials that the City would be able to submit for reimbursement prior to the work being completed. Mrs. Teves said the materials would be required to be stored at a secure location and verified by both City representatives and USACE representatives. After some discussion, Councilmember, Russell Machann, moved to approve request from Aranda Industries, contractor for the construction of the Control Public Utility Relocation/ Abandonment — Hughes Street for the United States Army Corp of Engineers USACE) Levee Project, to preorder materials and to store the materials at a secure location. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider a request from Mr. David Bowlin, with Chapel Creek Investments, LLC., for assistance from the City of Wharton for infrastructure at the Brooks at Caney Creek Housing Project. City Manager, Joseph R. Pace, presented a copy of a request from Mr. David Bowlin, with Chapel Creek Investments, LLC., for assistance from the City of Wharton for infrastructure at the Brooks at Caney Creek Housing Project. Community Development Director, Gwyn Teves, stated the approximate costs for City assistance could be: 1. Culvert- $ 500 ea x 2 = $ 1000 2. Concrete - $ 10 sq ft x 905sq ft= $ 9050 Mrs. Teves said it would also include city staff hours and equipment usage and these prices were estimates based on recent work performed in the City, but could be higher at time of construction due to the material supply price increases. She said the Finance Committee met on Monday, November 8, 2021, and were recommending the City Council make the determination on the request. After some discussion, Councilmember, Terry Freese, moved to table the item on the sidewalk request and have the City Staff obtain a bid on constructing the sidewalk. Councilmember, Russell Machann, seconded the motion. All voted in favor. Mrs. Teves stated the request of the culvert still had to be decided on. After some discussion, Councilmember, Russell Machann, moved to approve the City staff completing the installation of the culvert but the cost of the culvert would be the responsibility of the property owner. Councilmember, Don Mueller, seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider the City Council Boards, Commissions and Committee Reports: A. Wharton Economic Development Corporation meeting held October 18, 2021. After some discussion, no action was taken. City of Wharton City Council Regular Meeting Minutes- November 08, 2021 Page 14 of 14 The fourteenth item on the agenda was to review and consider appointments and resignations to the City of Wharton Boards, Commissions and Committees. After some discussion, no action was taken. There being no further discussion, Councilmember, Don Mueller, moved to adjourn. Councilmember, Steve Schneider, seconded the motion. All voted in favor. The meeting adjourned at 7: 38 p.m. CITY OF WHARTON, TEXAS By: 6k az/ TIM BARKER Mayor AT EST: PA A A RS City Secretary Yb F A ii I